SECTION 460:20-47-3. Auger mining: coal recovery

(a)   Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with Section 460:20-43-17 of these Regulations.

(b)   Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete.

(c)   Each person who conducts auger mining operations shall leave areas of undisturbed coal, as approved by the Department, to provide access for future underground mining activities to coal reserves remaining after augering is completed, unless it is established that the coal reserves have been depleted or are so limited in thickness or extent that it will not be practicable to recover the remaining coal. This determination shall be made by the Department upon presentation of appropriate technical evidence by the operator.