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residential is in agreement with Custer County Zoning regulations as well as clear <br />as to the intended post - mining use. <br />11. The privacy berm planned for the southern portion of the permit boundary is <br />intended to help mitigate county road noise and dust as well as screen vehicle <br />lights during night -time hours. The berm can also be used as a wind break as well <br />as a privacy screen from neighboring lots. <br />12. The proposed post- mining land use for this property is the same as all neighboring <br />lots as well as surrounding area as shown on the Zoning Map. The Custer County <br />Zoning Resolution clearly states that agricultural and residential uses are intended <br />to co -exist in this district with a minimum lot size of 35 acres. In the immediate <br />surrounding area, residential use as well as agricultural and mining use is evident. <br />Exhibit F — Reclamation Plan Map <br />13. The Reclamation Map has been re -drawn showing 5 foot contour intervals. The <br />gently sloping (SE -NW) area is not likely to drain out of the shallow depression <br />remaining from gravel extraction operations in the Phase 1 area. <br />14. The map is signed by a qualified individual. <br />Exhibit O — Owners of Record of Affected Lands(surface) and Owners of <br />Substances to be Mined (mineral) <br />15. The Affected Land includes 32.9 acres within Lot 40, an 80 acre lot within the <br />Centennial Ranch Estates. While the deed (copy attached) to Lot 40 clearly states <br />All of the Mineral Rights, the Centennial Ranch Estates lot boundary location <br />included lands adjacent and east of the original homestead parcel that excluded <br />mineral rights to the surface right owner at the time of title transfer from the <br />federal government. A little more than half of the southeastern portion of Phase 3 <br />mining is mineral still owned by the US government and administered by the <br />BLM. To more specifically answer the Division's question: <br />Affected Land Surface owned by KAGAN & SON, L.L.C. <br />Affected Land Mineral owned by KAGAN & SON, L.L.C., with exception of <br />southeast 3/5 of Phase 3 Area, owned by USBLM. Boundary of Mineral <br />ownership within Phase 3 area is shaded orange on the Pre - mining and Mine Plan <br />Map. <br />Adjacent Surface Owners of Record, beginning from POB at SW corner of <br />Affected Land and proceeding clockwise around the Affected Land: <br />Along west boundary, Aaron and Sarah Stutzman <br />Along north boundary, KAGAN & SON, L.L.C. <br />Along east boundary, Jerald A. and Mary Seifert <br />Along southeast corner, Todd A. Laurie <br />Along South boundary, Douglas, J. Fredrickson <br />Exhibit R — Proof of Filing with County Clerk and Recorder <br />16. Included in this mailing is a copy of the receipt of application package at the <br />Custer County Clerk and Recorder's Office <br />17. Copies of all Revisions changes and submittals will filed at the Clerk and <br />Recorders Office and proof of filing will be available if needed. <br />