PURPOSE: This rule sets forth the requirements for auger mining pursuant to sections 444.810 and 444.855.2(9), RSMo.

1. (1) 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 areas of undisturbed coal to provide access for removal of those reserves by future underground mining activities unless it has been determined in the permit and plan 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. This determination shall be made in the permit and plan only upon presentation of appropriate technical evidence by the operator.

2. (2) Undisturbed areas of coal shall be left in unmined sections which—

   1. (A) Are a minimum of two hundred fifty feet (250') wide at any point between each group of auger openings to the full depth of the auger hole;
   2. (B) Are no more than two thousand five hundred feet (2500') 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 10 CSR 40-6.060(5) and approved in the permit and plan; and
   3. (C) Shall have, for multiple seam mining, a width of at least two hundred fifty feet (250') plus fifty feet (50') for each subjacent workable coal seam. The centers of all unmined sections shall be aligned vertically.
3. (3) No auger hole shall be made closer than five hundred feet (500') in horizontal distance to any abandoned or active underground mine workings, except as approved in accordance with 10 CSR 40-3.070.

4. (4) In order to prevent pollution of surface and ground water and to reduce fire hazards, each auger hole, except as described in section (5) of this rule, shall be plugged so as to prevent the discharge of water from the hole and access of air to the coal as follows:

   1. (A) Each auger hole discharging water containing toxicor acid-forming material shall be plugged within seventy-two (72) hours after completion by backfilling and compacting noncombustible and impervious material into the hole to a depth sufficient to form a watertight seal or the discharge shall be treated commencing within seventy-two

5. (72) hours after completion to meet applicable effluent limitations and water quality standards under 10 CSR 40-3.040(2), until the hole is properly sealed; and

   1. (B) Each auger hole not discharging water shall be sealed as described in subsection (4)(A) of this rule to close the opening within thirty (30) days following completion.

6. (5) An auger hole need not be plugged if the commission or director finds—

   1. (A) Impoundments of the water which would result from plugging the hole may create a hazard to the environment or public health or safety; and
   2. (B) Drainage from the auger hole will not pose a threat of pollution to surface and ground water and will comply with the requirements of 10 CSR 40-3.040(1) and (2).

7. (6) The permit and plan shall prohibit auger mining if it is determined that—

   1. (A) Adverse water quality impacts cannot be prevented or corrected;
   2. (B) Fill stability cannot be achieved;
   3. (C) The prohibition is necessary to maximize the utilization, recoverability or conservation of the solid fuel resources; or
   4. (D) Subsidence resulting from auger mining may disturb or damage powerlines, pipelines, buildings or other facilities.

AUTHORITY: section 444.530, RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed March 21, 2000, effective Oct. 30, 2000. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.