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Biological Resources Evaluation Report Griffith Energy Project 5.5.7 Other Special-Status Birds During the survey, two loggerhead shrikes, one ferruginous hawk, and one California horned lark were observed. Loggerhead shrike is a CDFW Species of Special Concern, and the ferruginous hawk and California horned lark are CDFW Watch List species. The two loggerhead shrikes were observed foraging in the southern corner of the Project site, the ferruginous hawk was observed soaring overhead, and the California horned lark was heard calling in the southern portion of the site. Each of these species have been previously documented within 5 miles of the Project site (CDFW 2021 a). While the ferruginous hawk does not nest in the San Joaquin Valley, the loggerhead shrike may nest in the trees within the residential areas in the 150-meter buffer, and California horned larks may nest in areas of the Project site and 150-meter buffer mapped as Avena spp. —Bromus spp. herbaceous semi-natural alliance habitat. 5.5.8 Nesting Birds Native birds and their nests are protected under the Federal Migratory Bird Treaty Act. Ground-nesting, cavity-nesting, shrub-nesting, and tree-nesting species were observed onsite (Table 2). Ground-nesting birds can nest in areas mapped as Avena spp.—Bromus spp. herbaceous semi-natural alliance, cavity and structure-nesting birds can nest in the areas mapped as residential, and tree nesting species can nest in the areas mapped as residential or areas mapped in the 150-meter buffer as suitable nesting for Swainson's hawk (Figure 8). One inactive raptor nest was found in the 150-meter buffer area. Trees that could support raptor nesting are located in the residential areas of the Project site, but it is unlikely that nesting will occur within the residential areas of the Project site because of the level of human activity (e.g., noise disturbance, light pollution). There are many suitable natural and man-made features for raptor nesting within the 150-meter buffer(Figure 8). 5.5.9 San Joaquin Kit Fox The SJKF is Federally listed as endangered and State listed as threatened. Potential SJKF dens based on the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) are defined as described below. • Any suitable underground hole that has entrances of appropriate dimensions (5 to 8 inches in diameter): o Any den or burrow of another species (e.g., coyote, badger, red fox, or California ground squirrel)that has appropriate dimensions for kit fox use. o Atypical dens such as pipes, culverts, canal banks, and other man-made features. • Typical kit fox dens may also include the following features (USFWS 2011): o Kit fox tracks, scat, or prey remains in the vicinity of the den o Dirt berms adjacent to the entrances. o Matted vegetation adjacent to den entrances. There have been 6 recorded occurrences of SJKF within 5 miles in all directions of the Project site, but records are prior to 2000 (CDFW 2021 a). Within the BSA, there was an abundant prey base and friable soils to support burrows/dens. CNDDB records of SJKF have been previously documented on the Project site in 1989 (CDFW 2021a). However, there are no occurrences within the past 20 years in the CNDDB (CDFW 2021a). During the general biological survey, three potential burrows which met the size requirements for SJKF were observed on the Project site and one culvert was observed in the BSA(Figure 6). No SJKF sign was seen during the survey and the burrows observed originated from other small mammal species. Representative potential dens and burrows found during the surveys that could be used Tetra Tech, Inc. 5-15 July 2023