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Biological Resources, MONK&ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site Swainson's hawk(Buten swainsoni)is a State listed threatened species. It has no Federal status. Swainson's hawks are also protected under California Fish and Game Code§3503.5 which protects nesting raptors (birds of prey) and their eggs/young. In California,the nesting population qf Swainson's hawks has declined greatly in recent years due primarily to habitat loss and oozing. Swainson's hawks are regular summer visitors and breeders throughout the western states. In the fall months,most Swainson's hawks migrate to South America before returning to the United States to breed in the late spring. In California there may also be a small population of Y P p Swainson's hawks that remain resident year-round. Swainson's hawks typically build flimsy stick nests in large shrubs or trees. On occasion,they also build nests on utility poles and other man- made structures. In the Central Valley of California,nests are typically constructed in or near riparian areas within grasslands or oak savannah habitats. They forage in adjacent grasslands or suitable agricultural fields. Swainson's hawk.activities in the region of California under consideration are localized around riverine environments(such as the San Joaquin River) and adjacent low agricultural croplands. Such habitats are not found on the project site or immediately adjacent to it. During past conversations with Mr. D. Gifford of CDFG,M&A have found that there is no substantive evidence that Swainson's hawks forage or nest in the project site's-geographic region. As such, [ no adverse impacts to nesting Swainson's hawks or their foraging habitats are expected from project implementation. Ferruginous hawk(Buten regalis)is a Federal species of concern, and is a California"species - of special concern." The ferruginous hawk is a fall/winter visitor to California that forages open grasslands, sagebrush.flats, desert scrub, low foothills and surrounding valleys. This raptor(bird of prey)breeds on undisturbed plains, sagebrush flats,high deserts,badlands, or edges of pinyon juniper from eastern Nevada,Utah, Colorado, and Montana, into eastem Oregon and, Washington(Clark and Wheeler 1987). Although the ferruginous hawk does not nest in j California,the project site provides suitable foraging habitat for this species. M&A have observed a ferruginous hawk hunting over the project site. Construction of the project site could remove potential ferruginous hawk hunting area..Removal of such habitat would cause foraging ferruginous hawks to forage elsewhere. Displacement of this hawk to other foraging areas would not be considered a significant adverse impact. Therefore,no mitigation would be required for this impact. Federal species of concern,and a California"species of Burrowing owl Seo to cunicularia is a F sp cern, sp Burr ( p ty ) g special concern." The burrowing owl is also protected under the Migratory Bird Treaty Act(50 Fish and Game Code 3503.5. Burrowing owl CFR 10.13), and their nests/young are protected by § g habitat can be found in annual perennial erennial grasslands, characterized by low-growing vegetation. . The burrowing owl utilizes rodent'burrows,typically ground squirrel burrows, for nesting and cover. They exhibit high site fidelity,reusing the same burrows year after year. Occupancy of suitable burrowing owl habitat can be verified at a site by observation of a pair of burrowing owls during the spring and summer months or,alternatively,its molted feathers, cast pellets,prey remains,eggshell fragments, or excrement at or near a burrow. According to CNDDB records,in May 1998, 18 adult burrowing owls were identified approximately four miles northwest of the project site living in burrows along a raised railroad berm adjacent to a vacant field. On January8, 1999,M&A observed one burrowing owl next to a ground squirrel burrow on the southern third of 18