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DESERADO MINE <br />BLUE MOUNTAIN ENERGY <br />3607 County Rd. 65 <br />Rangely, CO 81648 <br />(970)675-4300 <br />fax (970)675-4399 <br />May 24, 2011 <br />Mr. Jim Stark <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br />owis,10 • Sat%V <br />M+ning and <br />RE: Minor Revision #147 - Perimeter Marker revisions. <br />Dear Jim: <br />As previously discussed BME proposes to revise the way that the perimeter marker requirements <br />(Sections 4.02.3 and 4.02.4) are met at the Deserado Mine. To devise this plan we conducted a <br />thorough review of pertinent Federal and State laws and regulations regarding perimeter markers <br />and past OSM precedent setting actions regarding this issue. <br />BME's plan fully complies with pertinent laws and regulations as they were intended by OSM at <br />the time they were written and State regulations were being reviewed and approved. This plan <br />may run contrary to a much narrower interpretation which has evolved as a result of 30-years of <br />attrition within the State, Federal and industry. The most recent interpretation, where perimeter <br />markers are required at the edge of most underground mine surface disturbances, is <br />understandable considering the wording of Federal and State regulations when viewed outside of <br />the historic context. <br />The Colorado Regulations, Section 4.02.3, states "The perimeter of a permit area for surface <br />coal mining activities, or in the case of underground mining activities, the perimeter of all areas <br />affected by surface operations or facilities, shall be clearly marked before the beginning of <br />surface coal mining operations. " This section clearly shows a common intent for the perimeter <br />markers whether it be a surface mine or an underground mine. Otherwise such requirements <br />would not carry a common name while addressing different intents and would be found within <br />different subsections. Furthermore, `disturbance boundary' or similar description as it relates to <br />`markers' is never mentioned within 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 />