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needed to connect the new well to the existing AWC irrigation system. At its discretion and at its sole cost and expense, have such plans reviewed by its own engineer. No construction shall begin until AWC approves the plans; provided, however, that such approval shall not be unreasonably withheld. The intent of this provision is to provide an operational well substantially similar to well 50354 in its existing location. If a site proves non-productive through no fault of AWC, the Applicant shall have the burden of selecting another site beginning the process anew. 4) Post-Slurry Wall Requirements. After the installation of the slurry wall, should ground water fluctuations on the Wendell Property exceed the trigger identified by the 24 month study, the Applicant shall implement the following incremental measures: a) The Applicant shall deliver surface water to the Wendell Property in an amount necessary to restore groundwater levels to pre-mining levels. Such water rights shall be legally available for delivery to and use upon the Wendell Property for the purposes of groundwater recharge. Applicant shall promptly reimburse AWC for any loss of nursery stock incurred as a result of the lowering of the water table - - -- - -below thetrigger point: - - b) If, in spite of Applicant's efforts to mitigate, groundwater levels remain below the identified trigger point for a period of 90 days, the Applicant shall pay AWC the lesser of 1) the appraised value of all affected acres; or 2) $90,000 in cash. The $90,000 figure shall be escalated at 6% per annum for the life of the permit no. M-2003-016. The parties shall jointly select a hydrologist and a real estate appraiser who shall identify the affected areas and the value, per acre, of the affected acres, respectively. AWC shall retain ownership of the affected acres. AWC, at its discretion, may use the funds provided by the Applicant to purchase an alternative property, and, if it does, the Applicant shall relocate AWC nursery stock to the newly selected property at its sole cost and expense. Once a payment has been made for affected acres, AWC shall not be entitled to an additional payment for the same acres, regardless of ground water fluctuations, provided, however, that additional payments may be made in later years for additional affected acres. Nothing in this provision shall be construed to relieve Applicant of the responsibility for implementation of the ongoing groundwater mitigation strategies set forth herein, including, but not limited to the provision of surface water to AWC under subparagraph (a) above. 5) Miscellaneous Provisions. As further consideration for the withdrawal of AWC's objections in the DMG and County proceedings, Applicant agrees to a) To plant wetland vegetation on the shorelines of the pit, as reclaimed. b) Include weed control and watering the seeding plan. 3 C:\windowslTEMPIAgreement 030923.doc