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2.05.6(6) <br />The Operator will repair any mine-related damage and be responsible for <br />damage to injured parties as it relates to the Bruce Park Dam and Bruce <br />Park landslide. <br />The Operator has a court approved augmentation plan (Case Number 99 <br />CW 263) for the Water Rights and the High Value Springs and Ponds <br />located on USDA-FS Managed Lands. Additionally, the augmentation plan <br />addresses the BLM's in-stream flow rights in Terror Creek and Hubbard <br />Creek. The court case is presented in Volume III, Tab 2, Water <br />Augmentation. <br />By agreement dated March 18, 2008, the Operator leased the Overland <br />Water Ranchers, LLC, 1,100 shares of the capital stock of The Overland <br />Ditch and Reservoir Company. The 1,100 shares represent 11 % of the <br />water in the ditch. The ditch typically runs 55 cubic feet per second (CFS) <br />thus the leased shares amount to 6 CFS. This water could be diverted to the <br />Terror Creek drainage if required to mitigate damage of injured parties <br />• relative to mine-related damage to the Bruce Park Dams and Bruce Park <br />landslide. The Lease is presented in Volume III, Tab 2, Water <br />Augmentation. <br />(f)(v) A narrative of the detailed description of measures to be taken to determine <br />the degree of material damage or diminution of value or foreseeable use of <br />the surface follows: <br />(f)(v)(A) The features which might be materially damaged by subsidence include the <br />water resources, roads and trails and landslides within the permit and <br />adjacent area. The Operator's facilities may be damaged by rockfall activity. <br />The creeks, springs and ponds within the area projected to be mined in <br />current mine plan (ref. Map 14) have been extensively monitored. The water <br />level and water quality of the groundwater within the formation has also been <br />monitored. The results of the monitoring are presented in Volume III, Exhibit <br />3. Map 6, Geologic Hazards, shows the present location of existing <br />landslides, debris flow, potentially unstable slopes and rock fall hazards. <br /> <br />PR-11 <br />2.05 - 117 - 11 /08 <br />,~ PfRov~~ <br />~Z/~~/U 8 <br />