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irrigated hay crops (e.g., alfalfa), as well as dryland pasture, grassy ruderal lots, and some irrigated crops, due to a higher accessibility and relative abundance of prey (Bloom 1980, Estep 1989, Babcock 1995, Smallwood 1995, Swolgaard, et. al. 2008). Alfalfa fields are more routinely used by foraging Swainson's hawks than any other crop type (Bloom 1980, Woodbridge 1986, Estep 1989, Babcock 1995, Sernka 1999, Anderson et. al. 2011). Since construction activities are planned on potential foraging habitat or adjacent to potential nesting habitat for Swainson's hawks, CDFW recommends that a pre-construction Swainson's hawk nesting survey be conducted within a minimum 0.5-mile radius around the project area. Recommendation or Recommended Mitigation Measure: CDFW recommends the Project incorporate a mitigation measure with language that clarifies that protocol level surveys shall be conducted prior to construction activities and continued annually for the duration of Project activities. An example measure is outline below: Swainson's hawk Protocol Survey. A qualified biologist shall conduct a Swainson's hawk survey within a minimum 0.5-mile radius around the project area. Prior to the start of construction activities and in each subsequent year in which project activities occur. Surveys shall be conducted according to the following the five-period schedule in accordance with the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley (Swainson's Hawk Tech. Advis. Comm., 5/2000): • January to March 20-One (1) Survey, All Day • March 20 to April 5-Three (3) Surveys, Sunrise to 1000/ 1600 to Sunset April 5 to April 20-Three (3) Surveys, Sunrise to 1200 / 1630 to Sunset • April 21 to June 10- Monitoring • June 10 to July 30-Three (3) Surveys, Sunrise to 1200 11600 to Sunset If Swainson's Hawk breeding activity is identified during any of the surveys or during construction activities, compliance with CESA shall be demonstrated. Swainson's Hawk Nest Avoidance. During the nesting season (approximately March 1 to September 1), ground-disturbing activities within a 1,320-foot buffer of occupied nests or nests under construction shall be prohibited to minimize the potential for nest abandonment. While the nest is occupied or under construction, projects activities outside the buffer can take place provided that they do not stress the breeding pair. If project activities are to occur within 0.5 mile of an active nest, the area should be monitored by a qualified biologist prior to and during project activities. If the nesting pair's behavior suggests agitation or disturbance by project activities, all activities in the area shall immediately stop pending consultation with the San Joaquin Council of Governments (SJCOG) if seeking coverage under the San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP) for project activities, otherwise, consult CDFW and demonstrate compliance with CESA. Fallowing a review of the breeding pair's behavior, the qualified biologist, in coordination with CDFW/SJCOG will determine whether project activities in the area may continue to comply with CESA. The qualified biologist shall monitor project activities to ensure that activities do not occur within the buffer. Any modifications to this buffer shall be implemented in coordination with the SJCOG or CDFW as appropriate. The qualified biologist will be required to monitor the nest and determine that the reduced buffer does not cause nest abandonment. COMMENT 2: Nesting Birds. 4