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The BLM will likewise be contacted in the summer of 2003 to join in the reassessment of the limited hydrologic features located on BLM lands within the Elk Creek lease. The information contained within Exhibit 2.04-E4 (Appendix 3) indicate little more than the presence of runoff type stockponds located on BLM lands. Discussions with the BLM indicate that there was an early filing and a subsequent Interlocutory Decree for one Federal in stream flow right on Bear Creek in the amount of 0.011 cfs. As of the date of this plan, according to latest CDWR records, there has been no indication that the filing has resulted in a final Decree and the CDWR never entered the water right into it's database. Discussions between the CDWR, District 4 and BLM continues in order to resolve the issue. It is likely the final outcome will lead to a listing of the Bear Creek water right into the CDWR database. If additional information becomes available, this plan may be modified as appropriate. It is anticipated that, due to limited and unreliable Beaz creek flows, the resolution of this issue will have little effect on the Water Replacement Plan. CDMG Permit Exhibit 2.05-E7 -Hydrologic Monitoring Plan -Item 2 (also located in Appendix 4 herein) summarized the commitment to conduct the reassessment of the Elk Creek Lease hydrologic resources. During June and September of 2003, OMLLC will conduct the field reassessment of the identified hydrologic resources located within the Elk Creek lease azea. The BLM, USFS, CDWR officials and effected private landowners will be invited to participate and provide consultation. The consultation will be necessary to confirm the status of the identified hydrologic features, determination of "high value" hydrologic resources, consideration of alternative hydrologic monitoring mechanisms to determine injury from mining activities and formulation of more site specific water replacement alternatives if needed. Streams Because the mining activities will not approach Hubbard Creek directly, the stream channel of Hubbard creek will not be reassessed. The ephemeral nature of Elk Creek and Beaz Creek, with the associated lack of consistent surface flows and water diversions, renders again/loss analysis as not feasible nor particularly meaningful. Instead, the reassessment will include an evaluation of the general condition of the stream channels. The stream channels will be assessed and the presence of significant features that could affect stream flow quality or quantity will be noted. Significant pre-mining conditions, such as debris slides, faults, significant erosional features, cracks, faults, wetlands and riparian areas, etc. will be noted by the assessment team. If appropriate, photographic records (visual and infra-red if available) could be employed to assist in the documentation of the condition of the primary stream channel and adjacent tributary drainages. •