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BIC)-ZF SIMSCP-covered Birds.Paiticipation in the 511VISCP affords the project x Certificate cf Payment and Signed ITMM proponent Incidental Take authorization far these species,both for direct impacts and loss of habitat-As specified in the SJMSCP,incidental take avoidance measures have been developed and must be implemented to conform totheSJMSCP:each species Is discussed separately,btaow. All SIMSCP Covered Bird Species are subject to the MBIA.The 5JMSCP is based on the more stringent,federal standard for"take"pursuant to the FE5A,which includes modification of habitat.Incidental Take Permits for 51105CP-covered bird species are included in the SJMSCP,to allowfor the conversion of hahitat with appropriate creation of compensatory habitat for these species(Sici 20D0),However,to tonform to the META,t1le Incidental Take Minimization Measures of the SIMSCP may not result In a"take",as defined by Be MBIA,of SIMSCP Covered Bird Species.The Incidental Take Minimization Measures in Section 52_4of the SJMSCP have been designed to avoid such a"take"_ 1.Swainson's Hawk_Swainson's hawks have been observed in the project vicinity andthare is a known nest site in an oak tree on Austin Road, approximately 200 feet from the landfill boundary.Potentially suetabfe nest sites are also present nearto the project site,particularly along the North Forte of South littlejohn's Creek.The proposed project does not include the removal of any potential nest trees,but construction activities would occur in proximity to a known nest site and potential nest trees.Given the use of the site as a landfill and associated truck traffic and landfill operation activities,baseline noise conditions are high on the site.Initial construction activities je.g.,soil excavation)could temporarily elevate onsite noise levels,thus potentially affei an active Swalnson`s hawk nest(should one occur within 5011 feet of the construction zonej.Participation in the SJMSCP affords the project proponent Incidental Take authorization for 5wainson's hawk pursuant to CESA and CEQA.To conform to the SIMSCP in regards to protecting potentially occurring nearby active nests,the tgllowing measures shall be followed: a.Prior to the initiation of ground clearing grubbing,grading or excavation activities,scheduled to occur during the breeding season(February 16 through August 31),a preconstruction survey for Swalnsor's hawk nests shall be performed by a qualified biologist- b.If an occupied Swainson's hawk nest is detected,a setback of 500 feet from the nesting area shall beestall ished and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests.The sethack distance may be smaller,suhject to(i approval.Setbacks shall be marked by brightiycolored temporafy fencing. C.The qualified biologist shall serve as a biological monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur.The qualified biologist will have stop work autho0ty in the event construction activities result in disturbance to an active nest. d.Ifa nest tree becomes occupied during construction activities,then all construction activities shall remain a d!star ce of two times the dripline of the tree,measured from the nest. 2.Golden Eagle.Although no suitable nesting sites For gol den eagle are present onsite,potentiai nesting habitat occurs on adjacent properties.Participation in the SJMSCP affords the project proponent Incidental Take authorization for golden eagle pursuant to CESA and CEQ9.As outlined in the SJMSCP,when a site inspection indicates the presence of a nesting golden eagle,the following measures shall he followed!