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observation points within two miles, although whether or not these observations involved nest sites is not stated. Methods Within 0.25 mile of the WMU FU-13, medium- to large-sized trees that provide suitable nesting habitat for Swainson's hawk are present both along Austin Road (and associated buildings) and adjacent to the creek/canal diversion immediately north of the landfill. The general survey area containing these trees is shown in Figure 1. Note that the raised portion of the landfill extending into the northern portion of WMU FU-13 (the current location of the active face) is approximately 120 feet higher in elevation than the southern portion of WMU FU-13, and this elevation difference visually obstructs most of the creek north of the landfill from southern WMU FU-13. For this reason, survey efforts along the creek did not cover the portion of the creek greater than approximately 0.2 mile from Austin Road. The survey area was observed opportunistically in the course of other activities at the site on April 30, most particularly during the gull survey which allowed for the examination of most of the relevant trees with the spotting scope, and also the ability to search for hawks and focal activity areas. Trees within the survey area were then examined more directly (using the spotting scope, binoculars, and the naked eye) from 12:25 to 1:45 PM. All Swainson's hawks and nests potentially being used by the species were noted. Results and discussion Swainson's hawks were observed soaring over the landfill during the gull survey; a maximum of eight individuals were seen simultaneously (at 11:00 AM). Most of the birds appeared to soar off away from the immediate vicinity of the landfill, although two birds were observed soaring at lower-elevation over Austin Road. A stick nest being attended by an adult Swainson's hawk was observed in a relatively small valley oak (Quercus lobata) along Austin Road, located approximately 560 feet east of the southern WMU FU-13 boundary. The nest is located on the northeast side of the tree and marginally over Austin Road itself. Although it could not be determined if the nest is active (i.e., if eggs are present), a Swainson's hawk appeared to be sitting on the nest during the focused survey, and a second adult was perched in another oak tree along Austin Road approximately 300 feet to the north. These observations suggest that this nest is either currently active or will be soon. No other stick nests or localized Swainson's hawk activity were observed in the other surveyed trees. Although many of the trees along the creek north of the landfill featured dense foliage and/or were not accessible at close range, two red-tailed hawks (Buten jamaicensis) were consistently observed in close association with this area (both during the gull and focused Swainson's hawk survey), and thus nesting by Swainson's hawks there seems unlikely. No Swainson's hawks were observed in association with the creek area. The San Joaquin County Multi-species Habitat Conservation and Open Space Plane (SJMSCP) provides avoidance and mitigation requirements for covered species, including Swainson's hawk. WRA understands that landfill operations are covered under the SJMSCP, which outlines 2 Published November 2000. Available online at: http://www.sjcog.org/DocumentCenterNiew/5 4