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(1) Support facilities, including temporary and mobile facilities, required for, or used incidentally to, the operation of the mine including, but not limited to, mine buildings, rock crushers, coal loading facilities, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, septic systems, sewage lagoons, fuel storage and distribution facilities, sheds, shops, other buildings, and environmental monitoring sites must be designed, constructed or reconstructed, and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities must be designed, constructed or reconstructed, maintained, and used in a manner which prevents, to the extent possible using the BTCA:

(a) damage to fish, wildlife, and related environmental values; and

(b) additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions must not be in excess of limitations of state or federal law.

(2) All strip or underground mining operations must be conducted in a manner that minimizes damage, destruction, and disruption of services provided by oil, gas and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the department.

(3) No support facility may be constructed in a manner or located other than as indicated in the approved permit application or site approved by the department.

History: 82-4-204, MCA; IMP, 82-4-231, 82-4-232, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 2548, Eff. 10/22/04.

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