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<br />stormwater into surface waters. With respect to the accidental discharge <br />of petroleum products, the Applicant has received approval of a secondary <br />containment plan that includes lined earthen berm storage areas that aze to <br />be constructed prior to the delivery of any such substances to the site. The <br />Applicant has committed to abiding by all pertinent state regulations <br />concerning the transport, use, storage and disposal of petroleum products. <br />4. Because of the Applicant's plans to construct and utilize settling ponds to <br />remove and control sedimentation from the proposed operation, and the <br />Applicant's intent to construct a lined earthen berm storage area for the <br />use of petroleum products prior to the delivery of such products to the site, <br />the weight of the evidence demonstrates that the Applicant has met the <br />minimum requirements of Construction Materials Rule 3.1.7. <br />E. Tousoi[ Protection <br />Construction Materials Rules 3.1.9 and 6.4.5(2)(d) require the segregation <br />and protection of topsoil from erosion or contamination and a description <br />within the reclamation plan of topsoil segregation, preservation and <br />replacement, where applicable. <br />2. The Objectors assert that the Applicant failed to comply with Construction <br />Materials Rules 3.1.9 and 6.4.5(2)(d). <br />3. The Applicant intends to save all topsoil and overburden for reclamation <br />purposes. As the proposed final land use is cropland, the topsoil and <br />overburden are expected to be used to achieve the final land use goal. At <br />9 <br />