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Memorandum TETRA TECH ditch is mostly unvegetated with edges of non-native grasses, including brome,slender wild oat (Avena barbata), rye grass,and wall barley as well as yellow star-thistle (Centaurea solstitialis),and poison hemlock(Conium maculatum). 3.5 Other Special-status Species with Potential to Occur 3.5.1 Crotch's Bumble Bee Crotch's bumble bee is a candidate for listing under the California Endangered Species Act.Although no bumble bees of any species were observed during the site visit or previous Project biological surveys and there are no known occurrences recorded near the Project Property,floral resources (foraging habitat), burrows and crevices (nesting habitat),and leaf litter(overwintering habitat)were observed. However,the site is routinely grazed and trampled by cattle,which likely interferes with the Crotch's bumble bee habitat requirements and reduces habitat suitability(Xerces Society et al.2018). 3.5.2 White-tailed Kite The white-tailed kite is a fully protected species by CDFW. Potential white-tailed kite nesting habitat includes trees located adjacent to the Project Property to the north and northwest. Numerous 8 to 10- foot-tall trees of various species in residential areas have the potential to provide nesting habitat.The open grassland within the Project Property provides potential foraging habitat for white-tailed kites. 3.5.3 Grasshopper Sparrow Tetra Tech notes that MIG observed a grasshopper sparrow,a CDFW Species of Special Concern, by sight and sound during their April 2023 site visit. 4.0 CONCLUSION The Project Site design changed after preparation of the Biological Resources Evaluation Report and Rare Plant Survey Report(Tetra Tech 2022a,2022b).The Draft EIR analyzes potential impacts to biological resources based on the current Project design. Due to the observation of an ephemeral pond in spring 2023 after a historically high rainfall year, additional special-status species,such as western spadefoot and vernal pool invertebrates, have the potential to occur at the Project Property.Although the ephemeral pond will not be directly impacted by proposed Project activities,there is the potential for indirect effects to the pond itself(which may be jurisdictional to RWQCB and CDFW) and the special-status species that may inhabit the pond. Therefore,the EIR has been revised to analyze these potential effects and include mitigation measures. Additional species, including the Crotch's bumble bee and white-tailed kite,will be discussed in the EIR and their impacts from the proposed Project activities will be analyzed. Measures will be proposed to mitigate potential impacts to these species. 4 J u ly 2023