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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 appropriately mark the perimeter of <br />the permit area. This requirement is further addressed in 30 CFR Sections 715.12(c) and <br />816.11(d) for surface coal mines. Section 715.12(c) states: "(c) Perimeter markers. The <br />perimeter of the permit area shall be clearly marked by durable and easily recognized markers, <br />or by other means approved by the regulatory authority." Section 816.11(d) states: "(d) <br />Perimeter markers. The perimeter of a permit area shall be clearly marked before the beginning <br />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 />817.11(d) allows a smaller perimeter to be marked in the context of underground mines as it is <br />common for surface facilities and operations at these mines to be present on only a small portion <br />of the permit area and are not of a continuously advancing nature. <br />The difference between 30 CFR Sections 816.1l(d) and 817.1l(d) can be attributed to Section <br />516 of SMCRA. <br />The preamble to 30 CFR 816.11 and 817.11, (44 FR 15137-8, 15262, March 13, 1979), discusses <br />the development of these regulations. It confirms the requirement for perimeter markers being <br />701(17) of SMCRA (definition of "permit area"). The preamble to 817.11 also confirms the <br />influence of Section 516 of SMCRA on the variance in language between 816 and 817. 30 <br />CFR 817.11(d) originally read essentially the same as 816.11(d). Changes to the wording of <br />817.11(d) were not intended to make this section more restrictive than 816.11(d) nor change its <br />intent. These changes are intended to avoid needless markers over areas without surface <br />operations. It was recognized that "Surface perimeter markers above underground workings