The provisions of Regulations .08—.08-3 of this chapter are applicable in addition to any other statutory or regulatory requirement applicable under federal or State law. Notwithstanding any other provision of law, the provisions of Regulations .08—.08-3 of this chapter may not be construed to prohibit the location or use of a water-dependent facility, in accordance with Regulation .04 of this chapter, for the transport of a surface mining product or by-product.