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The Colorado Regulations, Federal Regulations, and SMCRA support BME's interpretation. <br />Section 4.02.3 states "The perimeter of a permit area for surface coal mining activities, or in the <br />case of underground mining activities, the perimeter of all areas affected by surface operations <br />or facilities, shall be clearly marked before the beginning of surface coal mining operations. " <br />This section clearly shows a common intent for the perimeter markers whether it be a surface <br />mine or an underground mine. Otherwise such requirements would not carry a common name <br />while addressing different intents and would be found within different subsections. Furthermore, <br />`disturbance boundary' or similar description as it relates to `markers' is never mentioned within <br />Federal or Colorado laws or regulations. <br />It is apparent that the intent of Section 4.02.3 is satisfied by marking the perimeter of the permit <br />area for surface mines. The permit area normally does not coincide with the permitted edge of <br />disturbance. Thus, it is inappropriate to interpret Section 4.02.3 to specifically require perimeter <br />marker placement at the edges of all approved surface disturbances for underground mines. <br />To better understand the intent of Section 4.02.3 one needs to look for the enabling Section of <br />SMCRA. Section 701 states "SEC. 701. For the purposes of this Act - <br />(17) 'permit area" means the area of land indicated on the approved map submitted by the <br />operator with his application, which area of land shall be covered by the operator's bond as <br />required by section 509 of this Act and shall be readily identifiable by appropriate markers on <br />the site; <br />Within the definition of "permit area" is the requirement to place appropriate markers on the <br />perimeter of the permit area. This requirement is further addressed in 30 CFR Sections <br />715.12(c) and 816.11(d) for surface coal mines. Section 715.12(c) states: "(c) Perimeter <br />markers. The perimeter of the permit area shall be clearly marked by durable and easily <br />recognized markers, or by other means approved by the regulatory authority. " Section <br />816.11(d) states: "(d) Perimeter markers. The perimeter of a permit area shall be clearly <br />marked before the beginning of surface mining activities. " <br />Section 516 of SMCRA directs the promulgation of rules and regulations while considering the <br />distinct difference between surface coal mining and underground coal mining. Thus, the slightly <br />different protocol for placement of perimeter markers at underground mines was developed in 30 <br />CFR Sections 817.11(d). Section 817.11(d) states: "(d) Perimeter markers. Each person who <br />conducts underground mining activities shall clearly mark the perimeter of all areas affected by <br />surface operations or facilities before beginning mining activities. " <br />Sections 715.12(c) and 816.11(d) utilize the permit area as the perimeter for the surface <br />operations or facilities at surface mines. At surface mines such operations or facilities typically <br />affect a large portion of the permit area and are of a continuously advancing nature. Section <br />817.1 l (d) allows a smaller perimeter to be marked in the context of underground mines as it is