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Executive Summary Level of Potential Impacts Significance Mitigation Measures CEQA.The following measure would be implemented in accordance with the SJMSCP to mitigate impacts in all Project areas: The Project owner has the option of retaining known or potential Swainson's hawk nest trees(i.e.,trees that hawks are known to have nested in within the past 3 years or trees that the hawks prefer for nesting)or removing the nest trees.Trees occur on the Project Property in residential areas but do not occur on the Project site. If trees are retained,the following applies: 00 If construction (i.e.,equipment staging,vegetation removal, or ground disturbance)is scheduled to commence outside of the Swainson's hawk nesting season(September 1 to February 15), no preconstruction surveys are required. During the nesting season (February 16 to August 31),a qualified biologist shall conduct preconstruction surveys for nesting Swainson's hawk within the Project site and at any potential nesting trees that are within a distance from the site of two times the dripline of the tree, and are accessible to survey. Surveys shall occur no more than 10 days prior to construction activities. If a nest tree becomes occupied during construction activities,then all construction activities shall remain a distance of two times the dripline of the tree, measured from the nest. No construction within the buffer shall be allowed until the biologist has determined that the nest is no longer active(e.g.,the nestlings have fledged and are no longer reliant on the nest), adult and juvenile Swainson's hawks have left the area,or the nesting season has ended. Encroachment into the buffer for Swainson's hawk must be authorized by the CDFW. White-tailed Kite This species is covered under the SJMSCP.The following measures would be implemented in accordance with the SJMSCP(see Section 5.2.4.19)to mitigate impacts: Prior to Project tree removal/pruning or ground-disturbing activities,such as grubbing,grading,or excavation during the nesting season(e.g.,typically February 15 to September 15), a qualified biologist shall perform a preconstruction survey.All potential nesting trees on the Project site and within 100-feet of the Project site shall be surveyed. If a nest is observed during the preconstruction survey,a 100-foot setback shall be established and maintained during the nesting season until the fledglings leave nests.The setback shall be applied whenever construction or ground-disturbing activities begin during the nesting season with known occupied nests. Setbacks shall be marked by brightly colored temporary fencing. San Joaquin Kit Fox Griffith Energy Storage Project ES-14 Tetra Tech/SCH2O22120675 Draft Environmental Impact Report August 2023