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end of the first five-year penod after start up ttie,perm�ittee's.,production records in an^increase rn:average annual daily traffic (AADT);.the permittee shall be required to design and reconstruct Birri;Road'to 20=year Gounty.design•.standards fora tura# road frbm the a ro'ect's drivewa :t p j y o the southern terminus of:Teichei Aggregates' `Bird Road recon stF idion. I?h'agingof,`th 7 recanstruction,shah be'.permitted. improvement plans ,-an -specifications shall tie submitted by.a,registe'red.cii iI e:ngi6eer.. A traffic study shall be required to determine -the Trafflc'lndex for-`the reconstruction and whether the increase in traffic'by the:pemiitt6 e'.will increase the-Traffic`Index for the portion of,Bird Road that..was reconstructed by Teiehert Aggregates: Shouid the Traffic Index increase, thepermittee :'shalt 'be ,required 'to improve the .'portion of Bird Road that was reconstructed by Teichert.Aggregatet. 'The Maintenance Agreement shall be renewed every five years. if it is determined that there is an increase in traffic, inasmuch as ;.portions of Bird,. Road will -•be used by:'Teichert Aggregates and. the permittee, the .permittee should attempt to coordinate damage repair work with Teichert Aggregates for Bird Road between the southern terminus of 'Teichert Aggregates' Bird Road reconstruction and-State Route 132. (Development Title Section 9-854.3) e. The Traffic Impact Mitigation Fee will be required for the increase in traffic from this development. The fee is due and payable at the time of building perriiit application. The fee currently is $168.90 per daily trip end in the Tracy area. The fee shall be automatically adjusted July 1 of each year by the Engineering .Construction Cost Index as published by the Engineering News Record. Contact the Public Facilities Division of the Department of .Public.Works (209-468-3055) for alternate methods of payment allowed for phased developments. If there is no increase in traffic from this development, there will be no Traffic Impact Mitigation Fee. However, the permittee shall be required to provide production records to Public Works for a five-year period, beginning on January 1 of the year following approval of the Quarry Excavation permit in order to determine whether there is an increase in traffic. The permittee shall enter into an agreement with the County which requires the permittee to pay traffic impact mitigation fees if it is determined through the production records that there is an increase in traffic from this development. (Resolutions R-90-304, R-91-1025, R-93-167, R-94- 174, and R-95-650) f. The permittee shall be responsible for maintaining the portion of Hospital Creek within the project location in a manner that will not reduce the existing channel capacity. A Maintenance Agreement along with a bond or cash deposit in the amount acceptable to the Department of Public Works shall be required to ensure that if the permittee fails, refuses, or neglects to maintain Hospital Creek, the Department of Public Works may do the work necessary within the project location to restore Hospital Creek equal to or better than its original condition, using the funds from said bond or cash deposit, subject to review and adjustment for inflation every five years. The Maintenance Agreement shall be renewed every five years. (Development Title Section 9-1135.2) g. When,aggregate production permitted to access Bird Road and State Route 132, totals reach #our million tons annually, Brown Sand will be required to participate in a fair share financing program which must be adopted by the San Joaquin County Board of Supervisors. Fair share calculations are to consider only Brown Sands production increase over 250,000 tons (97 production base line). 3. PUBLIC HEALTH SERVICES- (Staff Contact: Jeff Caruesco, 468-3438)