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e. Bird nests initiated during construction are presumed to be unaffected, and no buffer is necessary except to avoid direct destruction of a nest or mortality of nestlings. f. If preconstruction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no fu Cher mitigation is required. Trees and shrubs that have been determined to be unoccupied by nesting or other special-status birds may be pruned or removed. 43. Pre-construction Bat Surveys: Prior to issuance of a building or grading permit, a qualified biologist shall conduct a pre-construction special status at survey when large trees are to be removed or underutilized or vacant buildings are to be demolished. If active day or night roosts are found, the bat biclogist shall take actions to make such roosts unsuitable habitat prior to tree removal or building demolition. A no-disturbance buffer of 100 feet shall be created around active bat roosts being used for maternity or hibernation purposes. Bat roosts initiated during construction are presumed to be unaffected, and no buffer is necessary. 44. No new grading or development shall be allowed within 20 feet of the edge of riparian vegetation or top of bank of the Arroyo del Valle, whichever is further from the creek centerline, as delineated by a qualified, City-approved biologist that shall be hired by the applicant/developer. Prior to issuance of a building or grading permit, the biologist shall certify in writing to the Director of Community Development that the project is in compliance with this condition. 45. Prior to issuance of grading permit, the applicant shall submit for review and approval to the Director of Community Development an archeological mitigation program that has been prepared by a licensed archeologist with input from a Native American Representative. The applicant shall implement the requirements and measures of this program, which will include, but not be limited to: • Submission of periodic status reports to the City of Pleasanton and the NAHC. • Submission of a final report, matching the format of the final report submitted for CA-Ala-613/H, dated March 2005, to the City and the NAHC. • A qualified archeologist and the Native American Representative designated by the NAHC will be present on site during grading and trenching for the foundations, utility services, or other on-site excavation, in order to determine if any bone, shell, or artifacts are uncovered. 46. In the event that paleontological resources are encountered during the course of development, all construction activity must temporarily cease in the affected area(s) until the uncovered fossils are properly assessed by a qualified PUD-87, Auf der Maur/ Rickenbach /Vintage City Council Page 8 of 39