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end of the first five-year period after start-up the permittee's production retards indicate an increase in average annual daily traffic (AADT), the permittee shall be required to design and reconstruct Bird Road to 20-year County design standards for a rural road from the project's driveway to the southern terminus of Teichert"Aggregates' Bird Road reconstruction. Phasing of the reconstruction shall be permitted. Improvement plans and specifications shall be submitted by a registered civil engineer. A traffic study shall be required to determine the Traffic Index for the reconstruction and whether the increase in traffic by the permittee will increase the Traffic Index for the portion of Bird Road that was reconstructed by Teichert Aggregates. Should the Traffic Index increase, the permittee shall be required to improve the portion of Bird Road that was reconstructed by Teichert Aggregates. 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 Fes will be required for the increase in traffic from this development. The fee is due and payable at the time of building permit 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 Engineering the En ineerin 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"fora five-year period, beginning on January 1 of the year following approval of the Quarry E=xcavation permit in 9 g 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 of 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 Creels, the Department of Public Works may do the work necessary within the project location to restore Hospital Creels 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 four million tans 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)'il