2011-05-25_REVISION - C1981018 (3)

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established to permanently mark the perimeter of the area under permit. The assigned permit number shall be affixed to the permanent perimeter marker. Other markers may be used to delineate the boundaries of the proposed permit area. " Ohio does not differentiate between surface and underground mines in terms of perimeter markers. OAC 1501:13-9-01(C) states " (C) An applicant shall define the perimeter of the proposed permit area by means of clearly visible markers prior to filing an application for a permit. Such markers shall substantially comply with the following:" OAC 1501:13-12-01 " Underground operations. (A) Underground operations shall comply with Chapters 1501:13-1 to 1501:13-14 of the Administrative Code except where indicated otherwise. " No mention is made of marking the outer footprint of surface operations and facilities of underground coal mines. Maryland does not differentiate between surface and underground (deep) mines in terms of perimeter markers. Title 26 Subtitle 20 Chapter 13 ".01 General. All surface operations and activities conducted in conjunction with deep mining of coal pursuant to Environment Article, Title 15, Subtitle 6, Annotated Code of Maryland, shall comply with the requirements of this subtitle. This includes provisions relating to permit applications, bonding, and insurance, as well as all performance and reclamation standards. In addition, the following regulations in this chapter set out special requirements applicable to deep mines. " Per Title 26 Subtitle 20 Surface Coal Mining and Reclamation Under Federally approved Program, Chapter 18 Signs and Markers, ".03 Perimeter Markers. All perimeter markers shall clearly mark the perimeter of the permit area before and during surface mining activities. The markers shall be, at a minimum, 2 inch diameter pipes or wood posts or metal posts driven into the earth with a minimum of 3 feet exposed to mark the beginning and ending points of the permit area and any other point necessary to clearly identify the permit area. They shall be identified by painting the exposed portion red or other color as indicated in the permit application. Other marker specifications may be used if approved by the Bureau. " No mention is made of marking the outer footprint of surface operations and facilities of underground coal mines. Likewise, Montana does not differentiate between surface and underground mines in terms of perimeter markers. The Administrative Rules of the State of Montana states: "17.24.524 Signs and Markers... (3) The perimeter of the permit area must be clearly marked by durable and easily recognized markers or by other means approved by the department. Each marker must be visible from each adjacent marker, or markers must be joined by fencing or other durable means approved by the department. Such markers must be designed so that their visibility will not be reduced in general by operation of equipment, weather effects, and other normally occurring effects. The markers must be in place before the start of any mining activities. " Indiana's rules governing coal mining and reclamation operations state: "312 IAC 25-6-71 Underground mining; signs and markers.... (c) The perimeter of the permit area shall be clearly marked before the beginning of underground mining activities. " No mention is made of otherwise marking along the edges of surface operations and facilities of underground coal mines. OSM has shown great latitude in interpreting `appropriate' markers by the approval of Alaska's regulations. Alaska's regulations 11 AAC 90.301(b) states: "(b) The commissioner will, in his or her discretion, reduce sign and marker requirements where the areas are