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and Markers ... (3) The perimeter of the permit area must be clearly marked by durable and <br />easily recognized markers or by other means approved by the department. Each marker must be <br />visible from each adjacent marker, or markers must be joined by fencing or other durable means <br />approved by the department. Such markers must be designed so that their visibility will not be <br />reduced in general by operation of equipment, weather effects, and other normally occurring <br />effects. The markers must be in place before the start of any mining activities. " <br />Indiana's rules governing coal mining and reclamation operations state: "312 IAC 25-6-71 <br />Underground mining; signs and markers.... (c) The perimeter of the permit area shall be clearly <br />marked before the beginning of underground mining activities. " No mention is made of <br />otherwise marking along the edges of surface operations and facilities of underground coal <br />mines. <br />Appropriate Perimeter Marker Placement <br />There are various ways of complying with `Perimeter marker' requirement for an underground <br />mine. Marker placement could follow any of the following scenarios and meet the requirements <br />found in 30 CFR 817.11(d) and CCR 407-2 4.02.3. <br />• Place markers at the outer edge of the `permit area'. <br />• Place markers at the outer edge of the approved disturbance. <br />• Place markers at or between either of the first two options. <br />Using the Deserado Mine as an example the `permit area' option would consist of approximately <br />31 miles of markers, the `approved disturbance' option approximately 92 miles of markers, and <br />the `between' option approximately 23 miles of markers. It should also be noted the `between' <br />option would allow a more strategic layout of the markers enabling the operator to utilize high <br />points in the terrain and avoid treed areas to maximize the distance between markers while <br />maintaining a line of site between them. This, of course, is if traditional posts are used. to mark <br />the perimeter. <br />There are several ways in which the perimeter could be `marked'. The more traditional method <br />is to place a monument on the ground such as a specially marked post, cairn, fence, dozed path, <br />ditch, etc. This method relies on the human placement and additional interpretation as to its <br />proper location. This also requires additional alteration of the environment, utilizing resources, <br />and leaving visual impacts that detract from the natural setting. <br />A much more contemporary method to mark the perimeter is the use of modern GPS technology. <br />Such technology allows the user to better manage the resource as the perimeter now becomes <br />continuous and does not rely on the operator or inspector to locate monuments or extrapolate <br />between them. This method of marking the perimeter of the permit area minimizes the <br />placement of markers where they would serve no useful purpose. In addition, removal of <br />markers would not become an issue, continued maintenance would be simple, changes could be <br />easily implemented, and adverse visual impacts to the public lands could be minimized. This