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Draft Environmental Impact Report Page IV.H-12 Forward Inc. Landfill Expansion Project The Swainson's hawk was historically regarded as one of the most numerous raptors in the state. The dramatic decline in the population of the Swainson's hawk has been attributed to the loss of native nesting and foraging habitat, and more recently to the loss of suitable nesting trees. This loss of nesting habitat within riparian areas has been accelerated by flood control practices and bank stabilization programs (CDFG undated[b)). The loss of agricultural lands to various residential and commercial developments is a serious threat to Swainson's hawks throughout California. Additional threats are habitat loss due to riverbank protection projects, conversion from agricultural crops that provide abundant foraging opportunities to crops such as vineyards and orchards which provide fewer foraging opportunities, shooting, pesticide poisoning of prey animals and hawks on wintering grounds, competition from other raptors, and human disturbance at nest sites. The non-native grasslands and disced fields within the study area could be used for foraging by Swainson's hawk. A Swainson's hawk nest site was documented in 2002 along the north branch of the south fork of Littlejohn's Creek near the northeast corner of the Forward Landfill property (CNDDB 2008). There are four additional documented nests within three miles of the project site (CNDDB 2008). White-tailed Kite White-tailed kites (Elanus leucurus) inhabit open grasslands and savannahs.They breed in a variety of habitats including grasslands, cultivated fields, oak woodlands and suburban areas . where prey is abundant. Nests are typically built in trees near a water source and may occur in suburban areas with adjacent open areas with abundant prey. White-tailed kite nesting sites are designated as fully protected under of the California Fish and Game Code (CFGC)14. This species receives additional protection under the MBTA and Migratory Bird Treaty Reform Act (MBTRA). No critical habitat has been designated for this species. A White-tailed kite has been observed foraging over the property during biological reconnaissance surveys in 2008 (WRA 2009). This species may nest in suitable trees on properties adjacent to the study area. Other Special-Status Species Burrowing Owl - The burrowing owl (Athene cunicularia) is designated a California Species of Special Concern by the CDFG. This species receives additional protection under the MBTA and the CFGC15 Burrowing owls range throughout the Central Valley, the inner and outer coastal regions, portions of the San Francisco Bay Area, the southern California coast from southern California to the Mexican Border, the Imperial Valley, and in portions of the desert and high desert habitats in southeastern and northeastern California. Burrowing owls require habitat with three basic attributes: open, well-drained terrain; short, sparse vegetation; and underground burrows or burrow facsimiles.Throughout their range burrowing owls occupy grasslands, deserts, sagebrush scrub, agricultural areas (including pastures and untilled margins of cropland), earthen levees and berms, coastal uplands, urban vacant lots, and the margins of airports, golf courses,and roads (Haug, et al. 1993). Burrowing owls rely on burrows excavated by fossorial mammals or reptiles, including ground squirrels, badgers,badgers, skunks, foxes and coyotes. Where the number and availability of natural 14 CFGC §3511 'S CFGC §3503