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<br />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. Topsoil 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 hat 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 rec]amation <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 />the beginning of mining operations, topsoil will be stripped and stockpiled <br />separately from overburden, Topsoil will be used to form berms around <br />the perimeter of the proposed operation. The topsoil beans will be graded <br />at 2:1, seeded with a mixture of crested wheatgrass, pubescent wheatgrass <br />and orchard grass as soon as possible after placement, and watered as <br />needed to prevent erosion and control dust. Once mining is completed, the <br />topsoil will be redistributed over the site in depths comparable to the <br />