Sec. 26.20.13.05. Hydrologic Balance: General Requirements

A. In this regulation, an owner of interest in real property includes an owner, a renter, a tenant, or a lessee of real property.

B. Operations shall be conducted to minimize water pollution, and, where necessary, treatment methods shall be used to control water pollution.

C. Acceptable practices to control and minimize water pollution include but are not limited to:

(1) Stabilizing disturbed areas through land shaping;

(2) Diverting runoff;

(3) Achieving quickly germinating and growing stands of temporary vegetation;

(4) Regulating channel velocity of water;

(5) Lining drainage channels with rock or vegetation;

(6) Mulching;

(7) Selectively placing and sealing acid-forming and toxic-forming materials;

(8) Designing mines to prevent gravity drainage of acid waters;

(9) Sealing;

(10) Controlling subsidence; and

(11) Preventing acid mine drainage.

D. The permittee shall promptly replace the water supply of an owner of interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source that is contaminated, diminished, or interrupted proximately resulting from underground mining activities.

E. Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

F. If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If this approach is selected, written concurrence shall be obtained from the water supply owner.