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Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone shall be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet for raptors. The distance shall be determined by a qualified biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored by a qualified biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). 24.If additional grading is requested, the applicants shall show the scope of the additional grading on the preliminary grading plan. At the discretion of the Director of Community Development, a PUD modification to modify the building pad elevation(s) may be required if it is found that the requested amount of additional grading significantly differs from the approved plan. There is no guarantee that the PUD modification would be approved. 25.AII demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No construction shall be allowed on State or Federal Holidays. The Director of Community Development may allow earlier "start times" or later "stop times" for specific construction activities, e.g., concrete pouring. All construction equipment must meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the hours of construction shall be posted on site. 26.AII trucks hauling soil shall be covered with tarpaulins or other effective covers. 27.Evergreen shrubs shall be planted in front of the retaining walls facing west on both lots as part of the subdivision improvements. Planting details, including species, spacing, quantity, and size shall be shown on the final landscape plan for each lot and is subject to review and approval by the Director of Community Development and City Landscape Architect. 28.A final landscape and irrigation plan for both homes shall be submitted to and approved by the Director of Community Development as part of the building permit plans set prior to issuance of a building permit. Said landscape plan shall be detailed in terms of species, location, size, quantities, and spacing. Plant species shall be of a drought tolerant nature with an irrigation system that maximizes water conservation (e.g., drip system). PUD-116, Berlogar Page 6