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ATTACHMENT D. ADDITIONAL AGREEMENT BY LANDOWNER <br /> TO WHOM IT MAY CONCERN: <br /> I, William Schoen Senior, Trustee, Nora and William Schoen, Sr. Trust (LANDOWNER) do hereby <br /> state that the Trust has leased the Schoen Farm Sand and Gravel Yard (YARD) to O'Rourke <br /> Excavating, Inc. (OPERATOR) and: <br /> 1. Owns and controls the Anaconda Ditch, near CR-15, and authorize truck and other traffic to <br /> and from the Yard, <br /> 2. Does not require at this time that a fence of any type be installed around the Yard, but reserve <br /> the right to do so in the future, or have the Operator do so in conformance to the lease <br /> agreement between Landowner and Operator, <br /> 3. Intends to obtain all necessary approvals for use of water from the Anaconda Ditch and/or <br /> other sources for use in the Yard (considered industrial activity) and provide that water to the <br /> Operator to use in accordance with all applicable laws, <br /> 4. Will coordinate with the Operator on weed and pest management and control and other issues, <br /> 5. Does not, at this time, anticipate the need for seeding, application of fertilizer or mulch as part <br /> of reclamation, <br /> 6. Intends to install a new irrigation system for the entire field around the Yard after reclamation, <br /> and plant a crop to be decided, at that time, <br /> 7. Agree to the conditions as required by the Division of Reclamation Mining and Safety to <br /> perform the Landowner's own planting of crops and weed control, so that there is no <br /> revegetative component of the reclamation plan, and <br /> 8. Do not require any storm water controls (best management practices or control measures) be <br /> left on the Yard or the Road after reclamation. <br /> Signed this day of April, 2021, by William Schoen Sr., Trustee of Landowner. <br /> (signature) <br /> PROJECT: 5144.2 Schoen Farm Attachments to Response Letter 21 April 2021, Page 4 <br />