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Kagan &Son, L.L.C. <br />February 6, 2015 <br />Page 2 of 5 <br />Secretary of State the entity's name is registered as "KAGAN & SON, L.L.C. "(Please see the <br />enclosed registration with the secretary of state). <br />EXHIBIT A - Legal Description (Rule 6.4.1): <br />2) The legal description submitted for this Exhibit describes a parcel of land encompassing 32.9 <br />acres; however, the conversion application form, item 3.2 lists the "total acreage in the permit <br />area" as 33 acres. Please explain or clarify this apparent discrepancy in acreage. <br />EXHIBIT C - Pre - mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): <br />3) Please clarify what is defined by the term "permit/bonded boundary" used on the cross section of <br />the privacy berm. It is DRMS's understanding that the privacy berm sits inside of the new <br />permit boundary proposed in CN -01. <br />4) Please illustrate the existing topography of the entire permit area with contour lines sufficient to, <br />portray the direction and rate of slope of the affected lands. <br />5) The text in the mining plan describes a maximum 10 -foot setback from the southern permit <br />boundary and the toe of the privacy berm. Please identify the 10 -foot setback on the cross section <br />design of the privacy berm. <br />6) Please label on one or all of the Pre - mining and Mining Plan Map(s), the type of present <br />vegetation covering the affected lands. <br />7) Please have the pre- mining and mining plan map(s) signed by a registered land surveyor, <br />professional engineer, or other qualified person as required by Rule 6.2.1(2)(b). <br />EXHIBIT D - Mining Plan (Rule 6.4.4): <br />8) Please specify if explosives will be used in conjunction with the mining or reclamation <br />operations. <br />9) What is the maximum anticipated mining depth? <br />EXHIBIT E - Reclamation Plan (Rule 6.4.5): <br />10) The current approved post - mining land use is Rangeland. In CN -0 1, the Applicant/operator <br />indicated that the post- mining land use would be residential. Please explain the reasoning for <br />chaining the post - mining land use. How is this parcel of land currently zoned with Custer County? <br />11) Please explain how the privacy berm along the southern portion of the permit boundary will <br />support the post- mining beneficial land use of residential? <br />