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UNITED STATES

DEPARTMENT OF THE INTERIOR

This mining plan approval document is issued by the United States of America to: 

Falkirk Mining Company

2801 1st St. SW

Underwood, ND 58576-1087

for a mining plan modification for Federal lease NDM107039 at the Falkirk Mine. This mining 

plan approval supplements all previous mining plan approvals for the Falkirk Mine. The 

approval is subject to the following conditions. Falkirk Mining Company is hereinafter referred 

to as the operator.

1. Statutes and Regulations: This mining plan approval is issued pursuant to Federal lease 

NDM107039; the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.); and in 

the case of acquired lands, the Mineral Leasing Act for Acquired Lands of 1947, as amended 

(30 U.S.C. 351 et seq.). This mining plan approval is subject to all applicable laws and 

regulations of the Secretary of the Interior which are now or hereafter in force; and all such 

laws and regulations are made part hereof. The operator shall comply with the provisions of 

the Federal Water Pollution and Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 

U.S.C. 7401 et seq.), and other applicable Federal laws. 

2. This document approves the mining plan modification for Federal lease NDM107039 at the 

Falkirk Mine and authorizes coal development or mining operations on the Federal lease 

within the area of mining approval. This authorization expands the approved mining plan 

area into the following Federal coal lands:

NDM107039: 

 Sixth PM, T146N, R82W, McLean County, North Dakota 

 Section 10 SE1/4

 

These lands in Federal lease NDM107039 encompass 160 acres and are found on the United 

States Geological Service 7.5 minuet Quadrangle map of Red Desert: Black Rock South and 

North, as shown in the map appended hereto as Attachment A.

3. The operator shall conduct coal development or mining operations only as described in the 

complete permit application package, and approved by the North Dakota Public Service 
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Commission, Reclamation Division, except as otherwise directed in any conditions of this 

mining plan approval. 

4. The operator shall comply with the terms and conditions of the lease, this mining plan 

approval, and the requirements of North Dakota Permit NAFK-8405 issued under the North 

Dakota State program, approved pursuant to the Surface Mining Control and Reclamation 

Act of 1977 (30 U.S.C. 1201 et seq.).

5. This mining plan approval shall be binding on any person conducting coal development or 

mining operations under the approved mining plan and shall remain in effect until 

superseded, canceled, or withdrawn. 

6. If, during mining operations, unidentified prehistoric resources are discovered, the operator 

shall ensure that the resources are not disturbed and shall notify the North Dakota Public 

Service Commission, Reclamation Division and the Office of Surface Mining Reclamation 

and Enforcement. The operator shall take such actions as are required by the North Dakota 

Public Service Commission, Reclamation Division (PSC) in coordination with the Office of 

Surface Mining Reclamation and Enforcement (OSMRE). 

7. The Secretary retains jurisdiction to modify or cancel this approval, as required, on the basis 

of further consultation with the U.S. Fish and Wildlife Service pursuant to section 7 of the 

Endangered Species Act, as amended, 16 U.S.C. 1531 et seq. 

Attachment