Jurisdiction: Reclamation

Orders

On April 14, 2004, the Commission conditionally approved the issuance of Surface Coal Mining Permit NACT-0201 to the Coteau Properties Company, Case No. RC-702-02-266. The new permit covers 17,051 acres and the area is located northwest of Beulah, North Dakota, in Mercer County. This area is commonly referred as Coteau's West Mine Area and it will become part of the Freedom Mine.

Permit NACT-0201 award form and findings
Permit NACT-0201 standard and special conditions
Staff memo to the Commission recommending approval
Findings of Fact, Conclusions of Law and Order, July 7, 2004 (56 kb pdf)

On June 5, 2002, the Commission approved Revision No. 22 to Permit No. NAFK-8705 held by the Falkirk Mining Company, Case No. RC-705-01-624. This revision adds 980.1 acres to this permit for the Falkirk Mine and updates mining and reclamation plans and other information for the additional area. The additional area is located just south of Underwood, North Dakota.

Revision No. 22 to Permit NAFK-8705 award form and findings
Revision No. 22 to Permit NAFK-8705 approval notice
Staff memo to the Commission recommending approval
Map of area added to Permit NAFK-8705

On November 21, 2001, the Commission approved new self and collateral bonds provided by the Coteau Properties Companies for mining permits at the Freedom Mine. The total bond amount for the Freedom Mine is now $44,000,000. The self-bond is in the amount of $39,6000,000 and is guaranteed by Basin Electric Power Cooperative. The amount of the collateral bond is $4,400,000 and the funds are being held in escrow at the Bank of North Dakota.

Staff memo to the Commission on new bonds for the Freedom Mine

On September 19, 2001, the Commission approved a final order for Notice of Violation No. 0101, Case No. RC-822-01-414, issued to BNI Coal, Ltd. The violation was for failure to protect a reclaimed area from water erosion and deposition of sediment and contamination by water transported spoil material. The Commission previously proposed a penalty in the amount of $750 for the NOV, $250 for seriousness and $500 for negligence. An informal conference had been requested by BNI, but they later withdrew the request after the conference had been scheduled. The final order affirms the violation and penalty and cancels the informal conference.

Final order for NOV 0101 (112 kb pdf)
Letter to BNI Coal, Ltd. on proposed penalty
Staff memo to Commission on proposed penalty
Notice for September 25, 2001 informal conference

On September 5, 2001, the Commission approved Bond Release No. 9 for Surface Coal Mining Permit No. CCVV-8107 held by Consolidation Coal Company. This action will allow the release all remaining reclamation liabilities on 108.69 acres of reclaimed native grassland at the Velva Mine southeast of Velva. Most of this acreage was mined under North Dakota’s current reclamation law; therefore, productivity and other vegetative measurements were taken to demonstrate that the reclaimed lands produce at levels at least equal to that of similar non-mined land in the area. Once this final bond release becomes effective, all of the permitted lands at the Velva Mine will have received final bond release and the Commission’s jurisdiction over the mine site will terminate.

Bond Release No. 9 for Permit CCVV-8107 approval form
Staff memo to the Commission on Release No. 9 for Permit CCVV-8107

On March 14, 2001, the Commission adopted mining and reclamation rule changes that were proposed in Case No. RC-439-99-642. The public hearing was held February 28, 2000 and the federal Office of Surface Mining approved the proposed changes on March 2, 2001. Click on the hyperlink below to view the rule changes adopted by the Commission. These changes will become effective either May 1 or June 1, 2001, depending on the date they are published in the North Dakota Administrative Code.

Mining and Reclamation Rule Changes Adopted March 14, 2001

On December 29, 2000, the Commission approved Bond Release No. 2 for Surface Coal Mining Permit No. HKHK-8105 held by Royal Oak Enterprises, Inc. to release all remaining reclamation liabilities on 80.35 acres at the former Royal Oak Mine southeast of Dickinson. Most of this acreage was mined under North Dakota’s current reclamation law; therefore, productivity measurements were taken to demonstrate that reclaimed agricultural lands produce at levels at least equal to that of similar non-mined cropland in the area. The postmining land use of most of this acreage is cropland; however, 1.44 acres are part of Dickinson’s landfill and have an industrial land use designation.

Bond Release No. 2 for Permit HKHK-8105 approval form
Staff memo to the Commission on Release No. 2 for Permit HKHK-8105

On November 22, 2000, the Commission issued its Order on the Formal Hearing that was held on the decision to adopt the Hearing Officer’s Recommended Informal Conference Order and conditionally approve Permit No. BNCR-9702, Case No. RC-822-98-56. That permit was issued on August 2, 2000, and allows BNI Coal Ltd. to conduct mining and reclamation operations on 5848.86 acres of land at its Center Mine. Of the total acreage, 2048.32 acres is new acreage that was not previously permitted and the remaining 3800.54 acres are previously permitted lands that are being consolidated and incorporated into Permit BNCR-9702. One of the special conditions attached to the permit pertains to lands affected by the temporary cessation of mining where reclamation efforts through the initial seeding take more than three years. Following the August 2 decision, the same parties who requested the informal conference requested a formal hearing on that decision. The formal hearing was held October 3, 2000. Click on the links below to see documents related to this permit.

November 22 Order for the Formal Hearing
Hearing Officer’s Recommended Informal Conference Order and Commission Order (160 kb pdf)
Permit BNCR-9702 approval document (123 kb pdf)
Permit Conditions for Permit BNCR-9702 (82 kb pdf)

On November 8, 2000, the Commission adopted the Hearing Officer’s Recommended Informal Conference Order and approved Bond Release No. 3 for Surface Coal Mining Permit KRGC-8101 held by the Knife River Corporation. This bond release allows the release of 60% of the performance bond for the completion of grading and soil replacement on 1573.4 acres at the Gascoyne Mine. The amount of the release is $1,327,754.50 and it will become effective December 8, 2000, unless a formal hearing is requested. The informal conference had been requested by a surface owner who has concerns about the postmining topography on some of his land included in the bond release area.

November 8 Hearing Officer’s Recommended Informal Conference Order and Commission Order
Bond Release 3 to Permit KRGC-8101 approval document

On September 27, 2000, the Commission approved Bond Release No. 4 for Surface Coal Mining Permit No. BNLS-8109 held by BNI Coal Ltd. to release all reclamation liabilities on 114.27 acres at the former Larson Mine. Nearly all of this acreage was initially disturbed by mining activities prior to the effective date of North Dakota’s first reclamation law in 1970. Therefore, minimal revegetation standards applied to this acreage. The postmining land use is industrial and a local earthmoving contractor has purchased the acreage for his use, including the shop building used by BNI Coal, Ltd.

Bond Release No. 4 for Permit BNLS-8109 approval form

On May 10, 2000, the Commission conditionally approved Revision No. 5 to Permit No. NAFK-9503 held by the Falkirk Mining Company, Case No. RC-705-99-602. This revision adds 2,886.94 acres to this permit for the Falkirk Mine and updates mining and reclamation plans and other information for the additional area. The condition attached to the approval pertains to a large sedimentation pond that will be constructed in part of the added area.

Revision No. 5 to Permit NAFK-9503 approval (135 kb pdf)
Revision No. 5 to Permit NAFK-9503 condition (69 kb pdf)

On May 10, 2000, the Commission approved Revision No. 4 to Permit No. NACT-9501 held by the Coteau Properties Company, Case No. RC-702-99-65. This revision adds 359.177 acres to the permit for the Freedom Mine and updates mining and reclamation plans and other information for the additional area.

Revision No. 4 to Permit NACT-9501 approval (135 kb pdf)

On February 23, 2000, the Commission issued an order for Case No. RC-702-99-638, Notice of Violation No. 9903 issued to the Coteau Properties Company. The notice of violation was issued on December 3, 1999 for failure to conduct surface water monitoring according to approved plans in permits for the Freedom Mine. The Commission's February 23 order assessed a $300 penalty for negligence in the matter.

Final Order for NOV 9903 (83 kb pdf)

On July 28, 1999, the Commission approved Bond Release No. 3 to Permit No. BCGH-8204 held by Basin Cooperative Services to release all reclamation liabilities on 511.89 acres at the Glenharold Mine. The bond release is for 371.85 acres of land used for industrial purposes associated with power plant ash disposal activities and to release bond on 140.04 acres of undisturbed land. The amount of the release was $958,230 and it become effective August 27, 1999.

Approval form for Bond Release No. 3 to Permit BCGH-8204 (94 kb pdf)

On July 28, 1999, the Commission removed the condition that was attached to the June 23, 1999 approval of Revision No. 18 to Permit No. NAFK-8705 held by the Falkirk Mining Company for the Falkirk Mine. The condition required Falkirk to give written notice to a downstream landowners of planned sedimentation pond discharges. The condition was removed because Falkirk revised permit language to expand of the scope of landowner notices that are given for impending pond discharges.

Staff memo recommending removal of the condition attached to Revision 18 to Permit NAFK-8705 (54 kb pdf)

On April 14, 1999, the Commission approved Revision No. 13 to Permit No. KRSB-8802 held by the Knife River Corporation for the Beulah Mine. This revision changes the postmining land use on 224 acres to industrial and commercial for use as an ash disposal facility. The waste disposal facility will be located about 3 miles south of Beulah and it will be used for the disposal of ash from the Coyote Power Station.

Approval form for Revision 13 to Permit KRSB-8802 (63 kb pdf)

On March 17, 1999, the Commission issued an order for Case No. RC-613-99-37, Notice of Violation No. 9901 issued to the Knife River Corporation. The notice of violation was issued on January 29, 1999 for failure to obtain grade approval before respreading soil on a 4.8 acre area at the Beulah Mine. The Commission's March 17 order assessed a $200 penalty of negligence in the matter.

Final Order for NOV 9901 (76 kb pdf)

On February 17, 1999, the Commission approved Revision No. 23 to Permit No. KRGC-8101 held by the Knife River Corporation for the Gascoyne Mine. This revision changes the postmining land use on 245.4 acres to industrial and commercial for use as a cattle feedlot facility. Dakota Prairie Beef Cooperative plans to construct the feedlot on this area which is located about two miles northeast of Gascoyne, North Dakota.

Approval form for Revision No. 23 to Permit KRGC-8101 (85 kb pdf)

On January 27, 1999, the Commission the approved a formal hearing order affirming the December 2, 1998 decision to approve Revision No. 10 to Permit No. NACT-9101 held by the Coteau Properties Company. This revision changes the postmining land use on 637 acres for recreational use, including a 45 acre lake called Harmony Lake that will located about 6 miles north of Hazen, North Dakota. A downstream landowner had requested the formal hearing due to concerns that Harmony Lake may adversely affect the quantity and quality of water used for livestock watering.

Formal Hearing Order (116 kb pdf)

On January 13, 1999, the Commission approved changes to Policy Memorandum No. 15 to Mine Operators pertaining to bond release for waste disposal sites on mined lands. The changes specify the amount of soil that should be set aside for these sites before final bond release will be granted by the Commission.

Policy Memorandum No. 15 to Mine Operators - as revised January 13, 1999 (57 kb pdf)

On December 2, 1998, the Commission approved Revision No. 10 to Permit No. NACT-9101 held by the Coteau Properties Company. This revision changes the postmining land use on 637 acres for recreational use, including a 45 acre lake called Harmony Lake that will located about 6 miles north of Hazen, North Dakota. This revision also added approximately 80 acres to the permit area.

Approval form for Revision No. 10 to Permit NACT-9101 (61 kb pdf)
Conditions attached to Revision No. 10 to Permit NACT-9101 (61 kb pdf)

On October 28, 1998, the Commission approved changes to Policy Memorandum No. 16 to Mine Operators pertaining to reclamation cost estimates for setting performance bond amounts. The changes add a loader/truck fleet to the equipment list for moving earthen materials long distances.

Policy Memorandum No. 16 to Mine Operators - as revised October 28, 1998 (338 kb pdf)

Case No. RC-710-98-293: American Colloid Company, Notice of Violation No. 9801

Order to Vacate NOV 9801 - October 1, 1998 (112 kb pdf)

Case No. RC-710-97-97: American Colloid Company, Surface Coal Mining Permit No. ACPG-9701

Permit approval document - April 22, 1998 (95 kb pdf)
Fact sheet for the permit area (58 kb pdf)

Case No. RC-439-97-367: Commission reclamation rulemaking - Order submitting the proposed rule changes, as modified, to the Attorney General for a legal opinion

Order - April 8, 1998 (92 kb pdf)

Proposed rule changes - As modified (226 kb pdf)