(a) Any auger mining associated with surface mining activities shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. Each person who conducts auger mining operations shall leave access for removal of those reserves by future underground mining activities, unless the Commission determines that the coal reserves have been depleted or are limited in thickness or extent to the point that it will not be practicable to recover the remaining coal reserves. The Commission shall make such determination only upon presentation of appropriate technical evidence by the operator. Undisturbed areas of coal shall be left in unmined sections which:

(1) are a minimum of 250 feet wide at any point between each group of auger openings to the full depth of the auger hole;

(2) are no more than 2,500 feet apart, measured from the center of one section to the center of the next section,unless a greater distance is set forth in the permit application under §12.203 of this title (relating to Augering) and approved by the Commission; and

(3) for multiple seam mining, shall have a width of at least 250 feet plus 50 feet for each subjacent workable coal seam. The centers of all unmined sections shall be aligned vertically.

(b) No auger hole shall be made closer than 500 feet in horizontal distance to any abandoned or active underground mine workings, except as approved in accordance with §12.367 of this title (relating to Protection of Underground Mining).

(c) In order to prevent pollution of surface and ground water and to reduce fire hazards, each auger hole, except as provided in subsection (d) of this section, shall be plugged so as to prevent the discharge of water from the hole and access of air to the coal, as follows:

(1) each auger hole discharging water containingtoxic-forming or acid-forming material shall be plugged within 72 hours after completion by backfilling and compacting noncombustible and impervious material into the hole to a depth sufficient to form a water-tight seal. If sealing is not possible within 72 hours, the discharge shall be treated commencing within 72 hours after completion to meet applicable effluent limitations and water-quality standards, until the hole is properly sealed; and

(2) each auger hole not discharging water shall be sealed as in subsection (c)(1) of this section, to close the opening within 30 days following completion.

(d) An auger hole need not be plugged, if the Commission finds:

(1) impoundment of the water which would result from plugging the hole may create a hazard to the environment or public health or safety; and

(2) drainage from the auger hole will not pose a threat of pollution to surface water and will comply withthe requirements of §12.339 and §12.340 of this title (relating to Hydrologic Balance: General Requirements, and to Hydrologic Balance: Water-Quality Standards and Effluent Limitations).

(e) The Commission shall prohibit auger mining, if it determines that:

(1) adverse water-quality impacts cannot be prevented or corrected;

(2) fill stability cannot be achieved;

(3) the prohibition is necessary to maximize the utilization, recoverability or conservation of the solid-fuel resources; or

(4) subsidence resulting from auger mining may disturb or damage powerlines, pipelines, buildings, or other facilities.

Source Note: The provisions of this §12.600 adopted to be effective April 7, 1997, 22 TexReg 3093.