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