Coyote Creek Mine

Emergency Lease of Federal Coal

Serial Number: NDM 110277

Supplemental Environmental Assessment

February 2024

US Department of the Interior

Office of Surface Mining Reclamation and Enforcement

Program Support Division

One Denver Federal Center

Lakewood, CO 80225

Phone (303) 236-2900
Supplemental Environmental Assessment, February 2024 Table of Contents

Coyote Creek Mine Federal Coal Emergency Lease by Application i

Table of Contents

Chapter 1 Introduction...............................................................................................................1

1.1 Introduction....................................................................................................................1

1.2 Background ....................................................................................................................6

1.2.1 Coyote Station.............................................................................................................7

1.3 Regulatory Framework and Necessary Authorizations.............................................8

1.4 Purpose and Need for the Proposed Action.................................................................9

1.5 Outreach and Issues Identification.............................................................................10

1.5.1 Public Involvement ...................................................................................................10

1.5.2 Tribal and Section 106 Consultation.........................................................................11

1.5.3 U.S. Fish and Wildlife Service Consultation ............................................................13

Chapter 2 Description of the Alternatives..............................................................................14

2.1 Introduction..................................................................................................................14

2.2 Proposed Action ...........................................................................................................14

2.3 No Action ......................................................................................................................14

Chapter 3 Affected Environment and Impacts......................................................................16

3.1 Introduction..................................................................................................................16

3.2 Past, Present, and Reasonably Foreseeable Future Actions....................................17

3.3 Climate Change and Social Cost of Greenhouse Gases............................................17

3.3.1 Trends in Global, United States, and North Dakota Greenhouse Gas 

Emissions..................................................................................................................18

3.3.2 Social Cost of Greenhouse Gases .............................................................................22

3.3.3 Proposed Action........................................................................................................24

3.3.4 No Action..................................................................................................................26

Chapter 4 List of Preparers .....................................................................................................29

Chapter 5 References................................................................................................................30
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Coyote Creek Mine Federal Coal Emergency Lease by Application ii

List of Tables

Table 3-1 Proposed Action Summary for Potential GHG Emissions from Mining LBA 

Tracts and Coal Combusted at an Electric Generating Utility...............................18

Table 3-2 SC-GHGs Associated with Mining LBA Tracts and Coal Combustion under 

the Proposed Action...............................................................................................25

Table 3-3 Estimated Social Cost of GHG for the No Action Alternative of Coal 

Combusted at an Electric Generating Utility.........................................................26

Table 4-1 List of Preparers.....................................................................................................29

Table 4-2 Consultants.............................................................................................................29

List of Figures

Figure 1-1 General location of the Proposed Action.................................................................2

List of Appendices

Appendix A Social Cost of Greenhouse Gases Calculations

Appendix B Public Comment Responses
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Coyote Creek Mine Federal Coal Emergency Lease by Application iii

Abbreviations and Acronyms

μg microgram

μg/m2

/yr micrograms per square meter per year

μg/m3

/yr micrograms per cubic meter per year

μg/yr micrograms per square meter per year

ASLM Assistant Secretary for Land and Minerals Management

BA Biological Assessment

BLM Bureau of Land Management

CCMC Coyote Creek Mining Company

CCUS carbon capture, utilization, and storage

CEQ Council on Environmental Quality

C.F.R. Code of Federal Regulations

CO2e carbon dioxide equivalent 

°C degrees centigrade 

°F degrees Fahrenheit

EA Environmental Assessment

EIS Environmental Impact Statement

EPA U.S. Environmental Protection Agency

ESA Endangered Species Act

FLIGHT Facility Level Information on Greenhouse Gases Tool

FONSI Finding of No Significant Impact

FWS U.S. Fish and Wildlife Service

Gt gigaton

GHG greenhouse gas

GHRP Greenhouse Gas Reporting Program

Hg(0) elemental mercury

Hg(II) oxidized mercury

Hg-p particle bound mercury

IWG Interagency Working Group

IPCC Intergovernmental Panel on Climate Change

IRA Inflation Reduction Act of 2022

km kilometers

L liter(s)

lb/yr pounds per year

LBA Tracts lease area

LBA lease by application

m2 square meters

m3 cubic meters

MeHg methylmercury

mg/kg milligrams per kilogram
Supplemental Environmental Assessment, February 2024 Table of Contents

Coyote Creek Mine Federal Coal Emergency Lease by Application iv

MLA Mineral Leasing Act of 1920

MMT million metric tons

MPDD mining plan decision document

NADP National Atmospheric Deposition Program

NCTF United States National Climate Task Force

NDC national determined contribution

PSC North Dakota Public Service Commission

NEPA National Environmental Policy Act of 1969

ng nanogram

ng/L nanograms per liter

OSMRE Office of Surface Mining Reclamation and Enforcement

PM10 particulate matter less than 10 microns in size

PSC Public Service Commission

R2P2 Resource Recovery and Protection Plan

SC-CH4 social cost of methane

SC-CO2 social cost of carbon dioxide

SC-GHG social cost of greenhouse gases

SC-N2O social cost of nitrous oxide

SEA Supplemental Environmental Assessment

SHPO State Historic Preservation Office

SMCRA Surface Mining Control and Reclamation Act

UNEP United Nations Environment Programme

U.S.C. United States Code

USDOI United States Department of the Interior
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Coyote Creek Mine Federal Coal Emergency Lease by Application 1

Chapter 1 Introduction

1.1 Introduction

On December 13, 2017, Coyote Creek Mining Company (CCMC) submitted a lease-byapplication (LBA) to the Bureau of Land Management’s (BLM) Montana/Dakotas State Office 

for an emergency lease of federal coal to lease two 160-acre tracts of federal coal within the 

existing permit boundary of the Coyote Creek Mine (https://eplanning.blm.gov/eplanningui/project/114011/570). The need for an emergency lease sale is consistent with 43 C.F.R. §

3425.1-4 in that if the coal resources are not leased, they would be bypassed in the reasonably 

foreseeable future, and, if leased, some portion of the federal coal tracts applied for would be 

used within 3 years.

The delineated area of the federal coal tracts (Figure 1-1) is as follows:

• Fifth Principal Meridian, North Dakota

• SW1⁄4 Section 24, Township 143 North, Range 89 West

• SE1⁄4 Section 26, Township 143 North, Range 89 West

• 284.0 acres in Mercer County, North Dakota

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Coyote Creek Mine Federal Coal Emergency Lease by Application 3

Pursuant to sections 503 and 523 of the Surface Mining Control and Reclamation Act of 1977 

(SMCRA), the North Dakota Public Service Commission (PSC) is authorized to regulate surface 

coal mining operations on private, state, and federal lands within North Dakota. See 30 C.F.R. 

part 934. The PSC maintains primacy to enforce performance standards and permit requirements 

and has authority during environmental emergencies, while the Office of Surface Mining 

Reclamation and Enforcement (OSMRE) retains oversight responsibilities to ensure that PSC is 

effectively implementing, administering, enforcing, and maintaining its approved program, as 

well as certain duties that cannot be delegated to PSC. The OSMRE is the agency responsible for 

making a recommendation to the United States Department of the Interior (USDOI) Assistant 

Secretary for Land and Minerals Management (ASLM) to approve, disapprove, or approve with 

conditions the proposed mining plan required by section 207(c) of the Mineral Leasing Act of 

1920, as amended. 

The BLM North Dakota Field Office completed an Environmental Assessment (EA) in 2020 that 

analyzed the environmental impacts of the federal coal lease proposed by Coyote Creek (LBA 

Tracts). The BLM subsequently issued a Finding of No Significant Impact (FONSI) on July 17, 

2020, and issued the federal coal lease on November 1, 2020. The OSMRE Western Region 

Office and PSC cooperated in preparing the EA (reference (1)). As a federal agency, the OSMRE 

is subject to the National Environmental Policy Act of 1969 (NEPA) and, therefore, must 

conduct an environmental review, in the form of either adopting a prior NEPA document for the 

same project, supplementing a prior NEPA document for the same project, or creating a new 

NEPA analysis, before proceeding with the federal action of making a recommendation to the 

ASLM regarding the mining plan. The OSMRE determined a supplement to the prior EA was 

needed.

The OSMRE also determined that the Proposed Action of mining a new federal coal lease 

constitutes a mining plan decision requiring approval by the ASLM. Federal coal lease NDM110277 is the first and only federal coal lease at the Coyote Creek Mine. The OSMRE’s decision 

was based upon consideration of the federal regulations at 30 C.F.R. parts 740 and 746. The 

OSMRE will develop a mining plan decision document (MPDD) recommendation that will be 

based on compliance with:

• NEPA

• BLM’s Resource Recovery and Protection Plan (R2P2) documentation

• Federal coal lease NDM-110277

• PSC permit findings

• Any documentation ensuring compliance with applicable requirements of other federal

laws, regulations, and executive orders, including preparing a Biological Assessment 

(BA) to assess the potential to affect threatened or endangered species, as well as 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 4

proposed and final designated critical habitat that may occur within the designated 

analysis areas, and fulfill the requirements for consultation with the U.S. Fish and 

Wildlife Service under Section 7(c) of the Endangered Species Act (ESA) of 1973, and 

consultation on cultural resources

The affected environment, environmental impacts and mitigation, and cumulative effects 

analyses for the following elements were addressed in the 2020 EA (reference (1)):

• Air quality 

• Climate change

• Water resources

• Federally listed species

• Socioeconomics

The 2020 EA (reference (1)) eliminated the following resources issues from further analysis:

• Cultural: archaeological resources and Native American religious concerns

• Geology and minerals

• Invasive plants, noxious weeds, and vegetation

• Land use and access

• Livestock grazing

• Paleontology

• Soils (physical and biological)

• Plants: non-federally listed or BLM sensitive species

• Wastes

• Migratory birds and raptors

• Wildlife: non-federally listed or BLM sensitive species

• BLM natural areas

• Culturally designated Areas of Critical Environmental Concerns or Special Designation 

Areas
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• National historic trails

• Areas of critical environmental concern

• Wild and scenic rivers

• Wilderness areas, wilderness study areas, or lands with wilderness characteristics

• Environmental justice

• Prime or unique farmlands

• BLM’s fuels and fire management areas

• BLM sensitive plants

• Federally listed plant species

• Recreational areas

• Visual resources

• Water rights

• Wild horses and burro’s areas

• Fisheries

• Woodlands or forestry

The OSMRE incorporates, by reference, the analyses from the 2020 EA (reference (1)). 40 

C.F.R. § 1501.12; 43 C.F.R. § 46.135. The analyses in the 2020 EA that, upon subsequent 

review, OSMRE determined did not need updating are not discussed further in this Supplemental 

Environmental Assessment (SEA). The OSMRE prepared this SEA to further assess potential 

climate change impacts, as well as the anticipated social cost of greenhouse gases (SC-GHG)

associated with the approval of the federal mining plan, including the effects when combined 

with reasonably foreseeable future actions and environmental trends.

The OSMRE prepared this SEA to thoroughly examine the potential environmental impacts of 

the Proposed Action and No Action Alternatives to support informed decision-making. This SEA 

is consistent with:

• the purpose and goals of NEPA;

• Council on Environmental Quality’s (CEQ) implementing NEPA regulations at 40 C.F.R.

parts 1500-1508;
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• USDOI’s NEPA regulations (43 C.F.R. part 46);

• USDOI Departmental Manual Part 516;

• OSMRE guidance on implementing NEPA, including the OSMRE Handbook on 

Procedures for Implementing the NEPA (reference (2));

• longstanding federal judicial and regulatory interpretations; and

• administration priorities and policies, including Secretary’s Order No. 3399 requiring 

bureaus and offices to use “the same application or level of NEPA that would have been 

applied to a Proposed Action before the 2020 Rule went into effect” (referring to the 

CEQ’s final rule to revise its NEPA regulations published on July 16, 2020, at 85 Fed. 

Reg. 43,304-43,376).

NEPA requires federal agencies to consider the potential environmental impacts of proposed 

federal actions and determine whether significant impacts to the human environment would 

occur. The term “significant” is discussed in 40 C.F.R. § 1501.3(b). If the OSMRE determines 

that the project would have significant impacts following the analysis in this SEA, then OSMRE 

would be required to prepare an Environmental Impact Statement (EIS). If the OSMRE 

determines that the potential impacts would not be significant, the OSMRE would prepare a 

FONSI to document this finding, and, accordingly, would not prepare an EIS.

Pursuant to NEPA, as amended, and in accordance with Executive Order 13990 (January 20, 

2021), OSMRE has prepared this SEA to update and disclose the assessment of the SC-GHG that

could result from the Coyote Creek Mine’s (Coyote Creek) proposed federal mining plan. This 

assessment serves to monetize the effects of the GHG emissions from Coyote Creek’s ongoing 

and future operations by valuing the social cost of those emissions as thoroughly, accurately, and 

transparently as possible, drawing from the best available scientific and economic data and 

methodologies.

In the 2020 EA (reference (1)), the BLM and OSMRE described the reasonably foreseeable 

impacts expected to occur as a result of Coyote Creek’s proposal to lease and mine federal coal 

in federal coal lease NDM-110277 but did not conduct a SC-GHG analysis.

1.2 Background

CCMC is the owner and operator of the Coyote Creek Mine and has been mining coal at the 

Coyote Creek Mine since 2016. The Coyote Creek Mine typically produces around 2 million 

tons of lignite coal per year. The maximum production rate approved in the Coyote Creek Mine’s 

minor source operating permit is 3.2 million tons of lignite coal per year (reference (2)). All the 

coal from the Coyote Creek Mine is supplied to the Coyote Station coal-fired power plant 

located adjacent to the northeast corner of the permit area via a half-mile-long conveyor. Lignite 

power plants are typically constructed next to the mines that supply them due to the high-
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moisture content that makes the transportation of lignite coal uneconomic over long distances 

(reference (4)). Lignite coal has the propensity to spontaneously combust which further reduces 

the ability to transport the coal over long distance rail routes. As such, there is neither a rail 

loadout facility at the Coyote Creek Mine nor are there any proximate rail lines that would allow 

for rail transport of the coal to other end users. The Coyote Station is jointly owned by the Otter 

Tail Power Company, Northern Municipal Power Agency, Montana-Dakota Utilities Company, 

and NorthWestern Energy. CCMC is under contract to supply coal to the Coyote Station through 

2040.

The federal coal lease NDM 110277 is located within Coyote Creek’s permit boundary 

(Figure 1-1). The BLM issued the lease on November 1, 2020. Permit NACC-1302 was 

approved in 2014 by the PSC, the regulatory authority authorized by the OSMRE to issue surface 

coal mining permits. Each federal coal tract comprises federal minerals managed by the BLM

and private surface lands. 

As required by section 207(c) of the Mineral Leasing Act and 30 C.F.R. § 746.14, the ASLM 

may approve, approve with conditions, or deny a mining plan based on a recommendation from 

OSMRE. Because numerous approvals are required to lease and mine federal coal, the 2020 EA 

was jointly prepared by the BLM Montana/Dakotas State Office and OSMRE. The PSC 

participated as a cooperating agency due to its special expertise and jurisdiction as the SMCRA 

regulatory authority for approving and issuing the mining permit.

The 2020 EA analyzed the potential effects on the environment as a result of issuing a federal

coal lease for the proposed LBA and approval of the federal mining plan by the ASLM to allow 

federal coal to be mined. The 2020 EA determined that the potential effects would not be

significant, and the BLM issued a FONSI documenting its determination that conducting a lease 

sale and issuing a federal coal lease would not result in significant environmental effects. The 

OSMRE prepared this SEA in response to Secretarial Order 3399 (April 2021) - DepartmentWide Approach to the Climate Crisis and Restoring Transparency and Integrity to the DecisionMaking Process, Executive Order 13990 (January 2021) - Public Health and the Environment 

and Restoring Science to Tackle the Climate Crisis, and Executive Order 14008 (January 2021) -

Tackling the Climate Crisis at Home and Abroad. 

1.2.1 Coyote Station

The Coyote Station is not considered a connected action to this Proposed Action. The OSMRE 

Handbook on Procedures Implementing NEPA defines connected actions as follows:

Connected actions are those actions that are “closely related” and should be analyzed 

in the same NEPA document...Actions are connected if they automatically trigger 

other actions that may require an EIS; cannot or will not proceed unless other actions 

are taken previously or simultaneously; or if the actions are interdependent parts of a 

larger action and depend upon the larger action for their justification.
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(reference (3)). The proposed action would not change production levels at the Coyote Station or 

require changes to its current regulatory permits. If the mining plan is rejected, the Coyote 

Station would continue to operate and be supplied with coal from other Coyote Creek Mine 

production areas. The Coyote Station would operate, as needed, independent of the coal in the 

LBA Tracts. Although the Coyote Station is not considered a connected action, operating data 

from the power plant are included in this SEA to provide context and to assist with analyzing the 

reasonably foreseeable future action of combustion of coal sourced from the LBA Tracts. 

Regulatory Framework and Necessary Authorizations

The following key laws, as amended, establish the primary authorities, responsibilities, and 

requirements for developing federal coal resources: 

• Mineral Leasing Act of 1920 (MLA)

• National Historic Preservation Act of 1966

• NEPA

• Clean Air Act of 1970

• Clean Water Act of 1972

• Endangered Species Act of 1973

• SMCRA

The SMCRA provides the legal framework for the federal government to regulate coal mining by 

balancing the need for continued domestic coal production and protecting the environment and 

society, while also striving to return mined land to beneficial use when mining is finished. The 

OSMRE implements its responsibilities for the MLA and SMCRA under regulations at 30 C.F.R.

§§ 700 through 955. 

The SMCRA provides the OSMRE with primary responsibility for administering programs that 

regulate surface coal mining operations in the United States. Pursuant to section 503 of the 

SMCRA, 30 U.S.C. § 1253, the PSC developed, and the Secretary of the Interior approved, 

North Dakota’s permanent regulatory program authorizing the PSC to regulate surface coal 

mining operations on private and state lands within North Dakota. Pursuant to section 523 of 

SMCRA, 30 U.S.C. § 1273, and 30 C.F.R. § 934.30, the PSC entered into a cooperative 

agreement with the Secretary of the Interior authorizing the PSC to regulate surface coal mining 

operations on federal lands within the state. This cooperative agreement does not permit PSC to 

issue a federal mining plan.

Pursuant to this cooperative agreement, a federal coal leaseholder must submit a permit 

application package, that includes the R2P2 and state mining permit application, to the OSMRE 
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and PSC for any proposed coal mining and reclamation operations on federal lands in the state. 

In general, federal lands include surface ownership and mineral interests, owned by the federal

government. 30 U.S.C. § 1291(4). If the permit application complies with the relevant laws and

plan, the PSC issues a permit to the applicant to conduct coal-mining operations. 

If federal lands are present, the ASLM will then decide whether or not to approve the mining

plan and whether or not additional conditions are needed. The ASLM makes this decision after 

the OSMRE prepares a MPDD in support of its recommendation for approval, disapproval, or 

approval with conditions. Pursuant to 30 C.F.R. § 746.13, the OSMRE’s recommendation will be 

based on:

• the permit application package, including the R2P2;

• information prepared in compliance with NEPA, including this SEA;

• documentation assuring compliance with the applicable requirements of federal laws, 

regulations, and executive orders other than NEPA;

• comments and recommendations or concurrence of other federal agencies and the public;

• findings and recommendations of the BLM with respect to the R2P2, federal lease 

requirements, and the MLA;

• findings and recommendations of the PSC with respect to the permit application and the 

state program; and

• findings and recommendations of the OSMRE regarding additional requirements of 30 

C.F.R. parts 740 through 746.

1.3 Purpose and Need for the Proposed Action

Coyote Creek’s purpose and need for the Proposed Action is to mine the approximately 5.23 

million tons of minable coal in the LBA Tracts for continued operation of the Coyote Creek 

Mine. As previously noted, if the 5.23 million tons of federal coal from the LBA Tracts are

mined in a continuous manner, it would represent approximately 2 years of coal production at the 

Coyote Creek Mine at the maximum mining rate of 2.5 million tons per year.

The purpose of OSMRE’s federal action is to evaluate Coyote Creek’s application for a federal

mining plan that is required before the federal coal contained in the federal lease tracts can be 

mined. The OSMRE must conduct an environmental analysis under NEPA that can inform its 

recommendation to the ASLM regarding whether to approve, disapprove, or approve with 

conditions the proposed mining plan, as required by the MLA and the SMCRA and its 

implementing regulations at 30 C.F.R. part 746; 30 U.S.C. § 207(c). The ASLM will consider the 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 10

OSMRE’s recommendation to decide whether the mining plan modification is approved, 

disapproved, or approved with conditions.

1.4 Outreach and Issues Identification

1.4.1 Public Involvement

On October 15, 2018, BLM posted the Proposed Action on its ePlanning website with NEPA 

number DOI-BLM-MT-0000-2018-0006-EA. A notice of intent to scope for the EA was released 

by BLM and OSMRE on October 15, 2018, initiating the public scoping period. The BLM and 

OSMRE carried out a 14-day public scoping period which ended on October 29, 2018. Issues 

identified through the scoping process that warranted detailed analysis in the 2020 EA are 

described in Section 1.7 of the 2020 EA (BLM and OSMRE 2020 (reference (1)) for more 

information on the public involvement). A notice of availability of the 2020 EA was published in 

the Federal Register on May 6, 2020, initiating a 30-day public comment period (reference (4). 

85 Fed. Reg. 26,985. The agencies reviewed all public comments, and agency responses to all 

substantive public comments are included in The Public Comment Report, July 2020.

The OSMRE released the draft SEA and unsigned FONSI on December 7, 2023, for a 30-day 

public comment period. The OSMRE published notices in the Bismarck Tribune, Beulah 

Beacon, and Hazen Star as well as mailed public outreach and tribal consultation letters. The 

public comment period ended January 5, 2024.

The OSMRE received two comment letters during the comment period. The North Dakota 

Department of Environmental Quality noted:

• the need to minimize fugitive dust

• provided guidelines for minimizing impacts to waterways 

• Coyote Creek has existing permits to discharge stormwater and wastewater from its 

mining activities extend to the LBA Tracts

• reference to air permitting requirements

Sections 3.3.1.2 and 3.4 of the 2020 EA describe air quality and water resources, respectively. 

As previously noted, the OSMRE incorporates, by reference, the analyses from the 2020 EA

(reference (1)) and they are not discussed further in this SEA. 

The second comment letter was sent by landowners within the Coyote Creek Mine permit area 

who noted concerns regarding:

• reclamation standards and requirements
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• addition of federal coal reserves to the Coyote Creek Station who is not using carbon 

capture and sequestration

• the Coyote Creek Mine and Coyote Creek Station should be a single source for air 

emissions 

• federal coal leasing requirements

Mining and reclamation activities would proceed as described in Section 2.4.1. of the 2020 EA. 

Section 3.3.1.2 of the 2020 EA (reference (1)) describes the air quality permitting requirements 

for the Coyote Creek Mine (reference (1)). As described in the comment report for the 2020 EA 

(reference (1)), the BLM reviewed the rules and regulations of an emergency lease sale (43 CFR 

3425.1-4) and concluded it meets the standards of an emergency lease sale in that 1) if the coal 

resources are not leased, they would be bypassed in the reasonably foreseeable future, and 2) if 

the coal resources are leased, some portion of federal coal tracts applied for would be used 

within 3 years. BLM issued the federal coal lease NDM 110277 in November 2020. As 

previously noted, the OSMRE incorporates, by reference, the analyses from the 2020 EA

(reference (1)) and they are not discussed further in this SEA. 

1.4.2 Tribal and Section 106 Consultation

For the 2020 EA development, BLM and the OSMRE sent letters to the tribal 

president/chairperson, Tribal Historic Preservation Officer, and other cultural contacts for the 

following tribes. 

• Crow Tribe

• Crow Creek Sioux Tribe

• Cheyenne River Sioux Tribe

• Flandreau Santee Sioux Tribe

• Fort Belknap Indian Community

• Ft. Peck Tribes

• Lower Brule Sioux Tribe

• Three Affiliated Tribes: Mandan, Hidatsa, and Arikara Nation

• Northern Cheyenne Tribe

• Oglala Sioux Tribe
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• Rosebud Sioux Tribe

• Sisseton-Wahpeton Oyate Tribes

• Spirit Lake Sioux Tribe

• Standing Rock Sioux Tribe

• Turtle Mountain Band of Chippewa

• Yankton Sioux Tribe

The agencies also contacted tribes via telephone and email to ensure that they sufficiently met all 

requests for further information.

Sixteen tribes were contacted by mail with known cultural resource information asking them for 

a review and if they have any additional traditional cultural sites of concern in the proposed lease 

areas. Follow up emails with additional cultural information were sent and telephone calls were 

made to seven consulting tribes that have been key in coordinating with BLM on coal projects or 

who are on reservations that are close to the project area. These tribes include: Three Affiliated 

Tribe, Mandan, Hidatsa, Arikara Nation (MHAN), Spirit Lake Sioux (ND), Turtle Mountain 

Chippewa (ND), Rosebud Sioux Tribe (SD), Cheyenne River Sioux Tribe (SD), Standing Rock 

Sioux Tribe (ND/SD), and Northern Cheyenne Tribe (MT). No additional cultural sites of 

concern were identified inside the proposed lease area and review of the one homestead site 

32ME2431 located inside the lease area was conducted by the Northern Cheyenne Tribe, the 

Rosebud Sioux Tribe, and by the Three Affiliated Tribe, MHAN. 

A finding of no issues for the project was offered by the THPOs for the Northern Cheyenne 

Tribe and Rosebud Sioux Tribe. The Three Affiliated Tribe, MHAN’s compliance officer sent an 

email stating: “The TAT-THP office concurs with the determination on the site form and has no 

concern that any cultural properties will be affected.”

Based on site surveys and field visits by the agencies, as well as the tribal responses finding no 

issues for the project, the BLM and the OSMRE made a recommendation of no historic 

properties affected for leasing the federal coal. Concurrence was met on this determination with 

the North Dakota State Historic Preservation Office (SHPO) on February 12, 2019, under SHPO 

Ref: 19-5381 (see reference (1) for more information on the public involvement). 

As previously noted, the OSMRE sent letters to all tribal nations with ancestral or aboriginal 

interest in the project area to invite comment and requests for formal consultation during the 

public comment period. The OSMRE did not receive comments or requests for formal 

consultation regarding this project with tribal nations.
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1.4.3 U.S. Fish and Wildlife Service Consultation

Section 7 of the ESA requires consultation with the U.S. Fish and Wildlife Service (FWS) for 

projects requesting federal funding and/or regulatory agency authorization to ensure that the 

proposed federal action(s) do not jeopardize the continued existence of any threatened, 

endangered, or proposed species or result in the destruction or adverse modification of 

designated critical habitat. Barr Engineering Co. prepared a BA on behalf of the OSMRE to 

support agency coordination with the FWS and compliance with Section 7 of the ESA of 1973, 

as amended (16 U.S.C. §§ 1531 et seq.) for its MPDD recommendations for the LBA Tracts. 

The BA analyzed how mining the LBA Tracts could affect threatened and endangered species 

and designated critical habitat. Two endangered species and four threatened species were 

identified as having the potential to occur in the action area (a 50-kilometer [(km)] radius area). 

The species considered in the BA include the following:

• Dakota skipper (Hesperia dacotae), threatened

• Northern long-eared bat (Myotis septentrionalis), endangered 

• Pallid sturgeon (Scaphirhynchus albus), endangered

• Piping plover (Charadrius melodus) and its critical habitat, threatened

• Red knot (Calidris canutus rufa), threatened

• Whooping crane (Grus americana), endangered

The OSMRE conservatively (protectively) determined that the proposed action, may affect, but 

is not likely to adversely affect the species (and critical habitat) listed above.

The “may affect, but not likely to adversely affect” determination for the Pallid sturgeon, 

Northern long-eared bat, Piping plover, Red knot, and Whooping crane are based on potential 

indirect impacts to surface waters, including wetlands and riparian corridors, related to mercury 

and metal (e.g., selenium) emissions from the Coyote Station burning Coyote Creek Mine coal. 

Surveys conducted for portions of the LBA Tracts where mining would occur indicate suitable 

habitat (Type B) present for the Dakota skipper but no individuals were documented. However, 

the “may affect, but not likely to adversely affect” determination for the Dakota skipper is

conservatively based on the potential for mercury and selenium emissions from the Coyote

Station to be contributed to Dakota skipper habitat.

The BA was submitted to the FWS on January 18, 2023, for review and concurrence. The FWS 

concurred with the OSMRE’s effects determinations on January 24, 2024. 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 14

Chapter 2 Description of the Alternatives

2.1 Introduction

Chapter 2 of this SEA incorporates Chapter 2 of the 2020 EA (reference (1)) by reference and 

only provides additional information regarding climate change and the SC-GHG insofar as it is 

necessary to the analysis presented in this document. There is a description of the two 

alternatives that were considered and analyzed in detail (i.e., Alternative A: No Action 

Alternative and Alternative B: Proposed Action) in Chapter 2 of the 2020 EA. The 2020 EA 

describes the ongoing mining operations, as well as how the mining operations would continue 

under both alternative scenarios (i.e., Alternatives A and B). Chapter 2 of this SEA describes the 

Proposed Action and the No Action Alternative in relationship to the SC-GHG analysis in 

Chapter 3.

2.2 Proposed Action

The location of the LBA Tracts is detailed in Chapter 1.1 and shown on Figure 1-1. Sections 24 

and 26 tracts of the application area (i.e., LBA Tracts [NDM-110277]) are within the permit area

of the Coyote Creek Mine (Figure 1-1) that was approved by the PSC (Permits NACC-1302).

Coyote Creek submitted a request to the PSC to revise Permit NACC-1302 to include the federal

coal tracts in sections 24 and 26. PSC has approved the permit revision to include the leased 

federal coal but included a condition to the approval requiring federal mining plan approval 

before the leased federal coal can be mined.

Coyote Creek estimates that there are approximately 5.2 million tons of mineable federal coal 

located in the LBA Tracts. If the 5.2 million tons are mined continuously, it would represent 

approximately two years of coal production at the Coyote Creek Mine at a mining rate of 2.5 

million tons per year. However, the actual time to produce the coal from the LBA Tracts is 

expected to be longer than two years. Coyote Creek estimates that mining of the federal coal will 

occur over the course of 13 years (2023-2035) because the federal coal is blended with private 

coal as needed to meet the requirements of the mine’s contract with Coyote Station. The Coyote 

Creek Mine projected mine life and operating plans, whether the LBA Tracts are mined or not, 

extend through the year 2040. The Proposed Action is for the OSMRE to submit an MPDD 

making a recommendation to the ASLM to approve the MPDD.

Mining and reclamation activities would proceed as described in Section 2.4.1. of the 2020 EA

(reference (1)).

2.3 No Action

Under the No Action Alternative, the OSMRE would not recommend approval of the MPDD to 

the ASLM. Without ASLM’s approval, the PSC’s proposed permit would revert to the previous 

permit. Under the previous permit, the federal coal reserves in the LBA Tracts would not be 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 15

recovered and mining of private coal would continue in other permitted areas until available coal 

reserves are mined out in 2040.

Under the No Action Alternative, additional soil removal and stripping would occur on these 

tracts under the previous state permit in order to support mining the adjoining private coal 

reserves, as well as additional soil stockpiles being placed on these tracts. 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 16

Chapter 3 Affected Environment and Impacts

3.1 Introduction

This chapter describes the existing condition of resources and evaluates climate change and the

potential GHGs that could be released by implementing the alternatives described in Chapter 2, 

as they relate to the MPDD for Coyote Creek Mine. This chapter incorporates Chapter 3 of the 

2020 EA by reference and only provides supplemental information regarding climate and GHGs 

where relevant to the analysis presented in this SEA.

This chapter describes the environmental consequences, including the effects when combined 

with reasonably foreseeable future actions and environmental trends. “Reasonably foreseeable” 

means “sufficiently likely to occur such that a person of ordinary prudence would take it into 

account in reaching a decision.” 40 C.F.R. § 1508.1(aa). 40 C.F.R. § 1508.1(g) define “effects or 

impacts” as:

changes to the human environment from the proposed action or alternatives that 

are reasonably foreseeable and include the following: 

(1) Direct effects, which are caused by the action and occur at the same time and 

place. 

(2) Indirect effects, which are caused by the action and are later in time or farther 

removed in distance but are still reasonably foreseeable. Indirect effects may 

include growth inducing effects and other effects related to induced changes in 

the pattern of land use, population density or growth rate, and related effects on 

air and water and other natural systems, including ecosystems.

(3) Cumulative effects, which are effects on the environment that result from the 

incremental effects of the action when added to the effects of other past, present, 

and reasonably foreseeable actions regardless of what agency (Federal or nonFederal) or person undertakes such other actions. Cumulative effects can result 

from individually minor but collectively significant actions taking place over a 

period of time.

(4) Effects include ecological (such as the effects on natural resources and on the 

components, structures, and functioning of affected ecosystems), aesthetic, 

historic, cultural, economic, social, or health, whether direct, indirect, or 

cumulative. Effects may also include those resulting from actions which may have 

both beneficial and detrimental effects, even if on balance the agency believes 

that the effects will be beneficial.
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Coyote Creek Mine Federal Coal Emergency Lease by Application 17

3.2 Past, Present, and Reasonably Foreseeable Future Actions

For this analysis, the temporal span of the Proposed Action represents the time during which 

LBA Tract mining would occur (i.e., 5.2 million tons of coal mined over 13 years). For assessing 

potential impacts from GHG emissions, including SC-GHG, the geographic extent of the 

cumulative impacts analysis area is considered at the state, national, and global scales.

Past and present actions in the analysis areas that would contribute to cumulative effects include 

mining, power plant operations, industrial activities, and agricultural activities. Of these 

activities, surface mining and the associated electrical power generation dominate the analysis 

area emissions. In addition to these sources, agriculture, including row crops, hayfields, and 

grazing lands, is a predominant industry in North Dakota. There is significant oil and gas 

development in the northwest portion of North Dakota, notably in the Bakken Region. Coyote 

Creek Mine and Coyote Station lie within the southeastern limit of the Bakken Region.

Therefore, the reasonably foreseeable actions for this analysis consist of potential future federal

coal mining at Coyote Creek Mine and coal combustion at the Coyote Station Power Plant. 

Mining operations at Beulah, Center, Falkirk, and Freedom Mines are expected to continue for 

the foreseeable future at current production rates and continued surface disturbances according to 

individually approved mining plans. The continued operations of the other mines at permitted 

rates and within their permitted boundaries are not considered a change to existing conditions; 

therefore, they are not a reasonably foreseeable action.

3.3 Climate Change and Social Cost of Greenhouse Gases

The BLM’s 2020 EA presented an analysis regarding the affected environment, environmental 

impacts and mitigation, and cumulative effects for climate (reference (1)). This Section provides 

an updated climate analysis in addition to SC-GHGs.

Table 3-1 summarizes the direct and indirect GHG emissions from the mining and combustion of 

the 5.2 million tons of mineable federal coal located in the LBA Tracts based on the emissions 

presented in the BLM 2020 EA (reference (1)). Table 3-1 assumes GHG emission global 

warming potentials published by the Intergovernmental Panel on Climate Change (IPCC) in 

2014 (reference (5)). 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 18

Table 3-1 Proposed Action Summary for Potential GHG Emissions from Mining LBA 

Tracts and Coal Combusted at Coyote Station

Parameter Description Proposed Action

Total Federal Coal Combusted (million tons) 5.2

Number of Years in Operation (years) 2

Annual Federal Coal Combusted (tons) 2,600,000

Cumulative 100-year CO2e Mining Emissions (million tons CO2e) 8.3

Annual 100-year CO2e Mining Emissions (million tons CO2e/year) 0.08

Annual 100-year CO2e Mining Emissions (metric tons CO2e/year) 7,497,748

Cumulative 100-year CO2e Coal Combustion Emissions (million tons CO2e) 7.3

Annual 100-year CO2e Coal Combustion Emissions (million tons CO2e/year) 0.07

Annual 100-year CO2e Coal Combustion Emissions (metric tons CO2e/year) 6,640,032

From reference (1)

3.3.1 Trends in Global, United States, and North Dakota Greenhouse Gas Emissions

3.3.1.1 Emission Levels

Preliminary estimates from the Rhodium Group for 2020 show global emissions at 50.1 gigatons

(Gt) of carbon dioxide equivalents (CO2e), representing a 4.4% decline from 2019 levels, by far 

the largest drop in recorded history. The reduction in emissions in 2020 was primarily due to the 

COVID-19 pandemic and global recession. In 2020, China accounted for nearly 30% of all 

global emissions, the United States accounted for approximately 10% of global GHG emissions, 

while India and the European Union accounted for 6% each. In 2019 (the latest year for which 

there is sufficient data to provide sectoral level detail), GHGs were emitted across the following 

primary economic sectors globally: industry (30%); electric power generation (26%); land use, 

agriculture, and waste (21%); transportation (16%); and buildings (7%) (reference (6)). The 

Proposed Action’s (mining and combustion) annual emissions represent approximately 0.0024% 

of 2020 global annual GHG emissions.

GHG emissions in the United States are tracked by the Environmental Protection Agency (EPA) 

through two complementary programs. First is the Inventory of U.S. Greenhouse Gases and 

Sinks, which is the annual GHG emissions inventory published by EPA that represents all United 

States emissions (reference (7)). The second is the Greenhouse Gas Reporting Program 

(GHGRP), which generally applies to facilities that emit more than 25,000 million metric tons 

(MMT) of CO2e each year. The facility level emissions reported under GHGRP are published 

through the Facility Level Information on Greenhouse Gases Tool (FLIGHT). EPA estimates 

that the FLIGHT data reported by large emitters reflect 85% to 90% of the total U.S. emissions 

(reference (8)). 
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In 2020, total gross United States GHG emissions were 5,981 MMT CO2e, and net emissions 

were 5,222 MMT CO2e. Net GHG emissions include both anthropogenic and natural emissions 

of GHGs as well as removals by sinks (e.g., carbon uptake by forests). From 2005 to 2020, net 

GHG emissions in the United States declined 21%. This decline reflects the combined impacts of 

long-term trends in population and economic growth, energy markets, and technological 

changes, including energy efficiency, and energy fuel choices. Net GHG emissions decreased 

from 2019 to 2020 by 11%. The primary driver for the decrease was an 11% decrease in CO2

emissions from fossil fuel combustion, primarily due to a 13% decrease in transportation 

emissions and a 10% decrease in electric power sector emissions, reflecting both a decrease in 

demand from the COVID-19 pandemic and a continued shift from coal to less carbon intensive 

natural gas and renewables. Carbon dioxide (CO2) is the primary GHG contributing to total 

United States emissions, accounting for 79% of the total GHG emissions in 2020. By 

comparison, methane (CH4) accounted for 11%, nitrous oxide (N2O) accounted for 7% of 

emissions and fluorinated gases accounted for nearly 3% of emissions. In 2020, GHGs were 

emitted across the following primary economic sectors in the U.S.: transportation (27%), electric 

power/electricity generation (25%), industry (24%), agriculture (11%) residential homes (7%), 

and commercial businesses (6%). (reference (7)) The Proposed Action’s (mining and 

combustion) annual emissions represent approximately 0.02% of 2018 net annual U.S. GHG 

emissions. (reference (9a)).

In 2021, total North Dakota GHG emissions were 36.9 MMT CO2e. GHGs were emitted across 

the following primary economic sectors in the North Dakota: electric power/electricity 

generation (76%), chemical producers (10%), petroleum and natural gas systems (6%) mineral 

mining (3%), refineries (2%), waste management (2%), and other sources (2%). (reference (8)). 

The Proposed Action’s (mining and combustion) annual emissions represent approximately 20% 

of 2020 annual North Dakota GHG emissions.

Federal lands are responsible for GHG emissions from certain activities, such as fossil fuel 

extraction and combustion, as well as carbon sequestration, which is the process of capturing and 

storing atmospheric carbon dioxide through uptake into soils, vegetation, aquatic environments, 

and other ecosystems (biologic sequestration) or through injection into porous underground rock 

formations (geologic sequestration). The United States Geological Survey has estimated GHG 

emissions and carbon sequestration on federal lands for the 10-year period from 2005 to 2014 

(reference (9)). GHG emissions (when considering just CO2) associated with the combustion and 

extraction of fossil fuels from United States’ federal lands increased from 1,362 MMT CO2e in 

2005, to 1,429 MMT CO2e in 2010, and then decreased to 1,279 MMT CO2e in 2014. CH4 and 

N2O emissions from federal lands also decreased over the same 10-year period. When the federal

lands’ fossil fuel extraction and combustion emissions are combined with ecosystem emissions 

and sequestration estimates, the annual net carbon emissions from federal lands within the 

conterminous United States (48 contiguous states) ranged from 683 to 783.5 MMT CO2e from 

2005 to 2014, indicating a net carbon emission from federal lands within the conterminous 
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United States. The annual net carbon emissions from North Dakota ranged from 2.5 to 12.4 

MMT CO2e from 2005 to 2014, indicating a net carbon emission from North Dakota federal

lands (reference (9)). The Proposed Action’s (mining and combustion) annual emissions 

represent approximately 60% of North Dakota’s federal lands 2014 emissions, and 0.96% of 

national federal lands 2014 emissions.

The BLM Specialist Report on Annual Greenhouse Gas Emissions and Climate Trends presents 

the estimated emissions of GHGs attributable to fossil fuels produced on lands and mineral estate 

managed by the BLM. More specifically, the report estimates GHG emissions from coal, oil, and 

gas development that is occurring, and is projected to occur, on the federal onshore mineral 

estate. BLM estimated a total of 448.30 MMT CO2e from all coal production on federal lands in 

2021 and 42.44 MMT CO2e from all coal production on federal lands in North Dakota in 2021

(reference (10)). The Proposed Action’s annual emissions represent approximately 1.67% of 

national 2021 federal coal emissions, and 17.7% of North Dakota’s 2021 federal coal emissions. 

3.3.1.2 Emission Goals

The IPCC Special Report Global Warming of 1.5°C estimates with high confidence that to limit 

global warming to 1.5 degrees centigrade (°C), global GHG emissions in 2030 would need to be 

40% to 50% lower than 2010 emissions (reference (11)). Based on the IPCC findings, the United 

Nations Environment Programme (UNEP) Emissions Gap Report estimates global GHG 

emissions in 2030 would need to be 55% lower than currently projected 2030 emissions in order 

to limit global warming to 1.5°C and would need to be 30% lower in order to limit warming to 

2°C (reference (12)). The Paris Agreement is a legally binding international climate change 

treaty designed to encourage individual countries to pledge specific emissions reductions so that 

the world can meet the necessary GHG reduction levels to limit global warming to 1.5°C 

(reference (13)). Unfortunately, UNEP has estimated that emission reduction pledges from 

individual nations are anticipated to reduce projected 2030 emissions by only 7.5%, falling far 

short of the 55% reduction needed to limit global warming to 1.5°C (reference (12)). Therefore, 

global temperatures are anticipated to continue to rise well above levels necessary to avoid the 

worst impacts from climate change.

The United States National Climate Task Force (NCTF) was established on January 27, 2021, by 

the Executive Order on Tackling the Climate Crisis at Home and Abroad (EO 14008). EO 14008 

was issued to facilitate the organization and deployment of a government-wide approach to 

combat the climate crisis (reference (14)). The NCTF performed an analysis of potential and 

measured impacts of various policies and measures (both potential and existing) at all levels of 

government and in all relevant sectors to develop the United States national determined 

contribution (NDC) under the Paris Agreement. This analysis was conducted using input from all 

federal government agencies as well as other stakeholders, such as scientists, activists, local and 

state governments, and various local institutions. For the industrial sector, the NDC outlines that 

the United States government will support research on and implementation of very low- and 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 21

zero-carbon industrial processes and products, including introducing these products to market. 

The United States government will also incentivize carbon capture, utilization, and storage 

(CCUS) and the use of new sources of hydrogen for powering industrial facilities 

(reference (15)).

The United States NDC established an economy-wide target of reducing net GHG emissions by 

50% to 52% below 2005 levels in 2030 (reference (15)). The United States has also established 

the goal of net-zero emissions no later than 2050 and 100% carbon pollution-free electricity by 

2035 (references (16); (17). In 2020, United States net GHG emissions totaled 5,222 MMT 

CO2e, representing a 21% emissions reduction below 2005 level (reference (7)). The United 

States is broadly on-track to meet the 2025 goal of 26% to 28% emissions reductions below 2005 

levels (reference (15)). On August 16, 2022, President Biden signed the Inflation Reduction Act 

of 2022 (IRA) into law, which is the single largest action ever taken by the United States 

government to combat climate change. The IRA included several additional economic incentives 

to support the development of CCUS (reference (18)). However, it should be acknowledged that 

at this time, CCUS is not yet adequately developed or deployed to fully mitigate all GHGs 

associated with electricity generation from coal. According to analysis from the Rhodium Group, 

the net result of all the provisions in the IRA is anticipated to help United States net GHG 

emissions decline to 32-42% below 2005 levels in 2030, which represents a substantial step 

towards its goals, but still short of the climate target of 50-52% below 2005 levels in 2030 

(reference (19))

The net United States emissions in 2005 were 6,635 MMT CO2e (reference (15)); therefore, the 

2030 net emissions goals are estimated to be between approximately 3,185 and 3,318 MMT 

CO2e. Comparing the 2020 net GHG emissions of 5,222 MMT CO2e to the low end of the 2030 

estimated emissions of 3,185 MMT CO2e shows that annual net United States GHG emissions 

must be reduced by 2,037 MMT CO2e between 2020 and 2030. Under the Proposed Action, 8.2

MMT CO2e would be emitted annually from 2023 to 2030, representing approximately 0.4% of 

the necessary emissions reduction of 2,037 MMT CO2e to meet the 2030 emissions goals. To 

meet the goal of 100% carbon pollution-free electricity by 2035, annual U.S. GHG emissions 

from the electric power/electricity generation sector must be reduced by 1,305.5 MMT CO2e

between 2020 and 2035. Under the Proposed Action 8.2 MMT CO2e would be emitted annually 

from 2030 to 2034, this represents approximately 0.6% of the necessary emissions reduction of 

1,305.5 MMT CO2e to meet the 2035 100% carbon pollution-free electricity goal. Under the 

Proposed Action 8.2 MMT CO2e would be emitted in 2035, these emissions would prohibit 

reaching the 100% carbon pollution-free electricity goal by 2035. 

North Dakota does not currently have formal GHG emission targets (reference (20)).
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3.3.1.3 Carbon Budget

The United States does not currently have a carbon budget with which to compare the Proposed 

Action’s potential emissions. While a global carbon budget does exist, a comparison of the 

Proposed Action’s emissions to the global carbon budget would not be useful given the relative 

size of the global carbon budget. However, we are including a discussion of the global carbon 

budget for background. The global carbon budget is an estimate for the total amount of 

anthropogenic CO2 that can be emitted to have a certain chance of limiting the global average 

temperature increase to below 2°C (3.6 degrees Fahrenheit [°F]) relative to preindustrial levels. 

IPCC estimates that if cumulative global CO2 emissions from 1870 onwards are limited to 

approximately 1,000 Gt of carbon (3,670 Gt CO2), then the probability of limiting the 

temperature increase to below 2°C (3.6°F) is greater than 66 percent (reference (21)). Since this 

IPCC report was published, various studies have produced differing estimates of the remaining 

global carbon budget; some estimates have been larger (reference (22)) and others have been 

smaller (reference (23)). Most notably, the IPCC Sixth Assessment Report (reference (24)) 

detailed the implications of methodological advancements in estimating the remaining carbon 

budget. The report concluded that, due to a variety of factors, estimates for limiting warming to 

2°C (3.6°F) are about 11 to 14 Gt of carbon (40 to 50 Gt CO2) higher than estimates in the IPCC 

Fifth Assessment Report (reference (21)). In other words, the global carbon budget presented in 

IPCC Sixth Assessment Report was slightly larger than would have been expected based on the 

Fifth Assessment Report global carbon budget. Estimates of the remaining global carbon budget 

vary depending on a range of factors, such as the assumed conditions and the climate model used 

(reference (25)). Because of underlying uncertainties and assumptions, no one number for the 

remaining global carbon budget can be considered definite. 

Using IPCC’s estimated carbon budget in the Sixth Assessment Report, as of 2019, 

approximately 655 Gt of carbon (2,403 Gt CO2) of this budget has already been emitted, leaving 

a remaining global budget of 358 Gt of carbon (1,313 Gt CO2) (reference (24)). The emissions 

reductions needed to keep global emissions within this carbon budget would require dramatic 

reductions in all United States sectors, as well as, from the rest of the world. Even with the full 

implementation of global emissions reduction commitments to date, global emissions in 2030 

would still be roughly 11 Gt CO2e higher than what is consistent with a scenario that limits

warming to 2°C [3.6 ̊F] from preindustrial levels (reference (12)).

3.3.2 Social Cost of Greenhouse Gases

The social cost of carbon (SC-CO2), social cost of nitrous oxide (SC-N2O), and social cost of 

methane (SC-CH4) – together, the SC-GHG are estimates of the monetized damages associated 

with incremental increases in GHG emissions in a specific year. 

On January 20, 2021, President Biden issued E.O. 13990, Protecting Public Health and the 

Environment and Restoring Science to Tackle the Climate Crisis (reference (24)). Section 1 of 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 23

E.O. 13990 establishes an Administration policy to, among other things, listen to the science; 

improve public health and protect our environment; ensure access to clean air and water; reduce 

GHG emissions; and bolster resilience to the impacts of climate change (reference (26)). 

Section 2 of the E.O. calls for federal agencies to review existing regulations and policies issued 

between January 20, 2017, and January 20, 2021, for consistency with the policy articulated in 

the E.O. and to take appropriate action.

Consistent with E.O. 13990, the CEQ rescinded its 2019 Draft National Environmental Policy 

Act Guidance on Considering Greenhouse Gas Emissions and issued interim National 

Environmental Policy Act Guidance on Federal Consideration of Greenhouse Gas Emissions 

and Climate Change (2023 GHG Guidance) on January 9, 2023 (reference (26)). CEQ issued the 

2023 GHG Guidance as interim guidance so that agencies may use it immediately to assess GHG 

emissions and climate change effects while they seek public comment on the guidance (reference 

(28)).

Regarding the use of social cost of carbon or other monetized costs and benefits of GHGs, the 

2023 GHG Guidance noted that NEPA does not require monetizing costs and benefits

(reference (27)). It also noted that “the weighing of the merits and drawbacks of the various 

alternatives need not be displayed using a monetary cost-benefit analysis and should not be when 

there are important qualitative considerations” (reference (27)).

Section 5 of E.O. 13990 emphasized that federal agencies should “capture the full costs of 

greenhouse gas emissions as accurately as possible, including by taking global damages into 

account” and established an Interagency Working Group (IWG) on the Social Cost of 

Greenhouse Gases ([reference (26)]). In February 2021, the IWG published Technical Support 

Document: Social Cost of Carbon, Methane, and Nitrous Oxide: Interim Estimates under 

Executive Order 13990 (reference (28)). This is an interim report that updated previous guidance 

from 2016. 

In accordance with this direction, Sections 3.3.2 and 3.3.3 provide estimates of the monetary 

value of changes in GHG emissions that could result from selecting each alternative. Such 

analysis should not be construed to mean a cost determination is necessary to address potential 

impacts of GHGs associated with specific alternatives. These numbers were monetized; 

however, they neither constitute a complete cost-benefit analysis nor present a direct comparison 

with other impacts analyzed in this document. For instance, the OSMRE’s overall analysis for 

this action does not monetize most of the major costs or benefits and does not include all revenue 

streams from the Proposed Action. SC-GHG is provided only as a useful measure of the benefits 

of GHG emissions reductions to inform agency decision-making.

For federal agencies, the best currently available estimates of the SC-GHG are the interim 

estimates of the social cost of carbon dioxide (SC-CO2), SC-CH4, and SC-N2O developed by the 

IWG on the SC-GHG. Select estimates are published in the Technical Support Document 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 24

(reference (28)) and the complete set of annual estimates are available on the Office of 

Management and Budget’s website (reference (29)).

The IWG’s SC-GHG estimates are based on complex models describing how GHG emissions 

affect global temperatures, sea level rise, and other biophysical processes; how these changes 

affect society through, for example, agricultural, health, or other effects; and monetary estimates 

of the market and nonmarket values of these effects. One key parameter in the models is the 

discount rate, which is used to estimate the present value of the stream of future damages 

associated with emissions in a particular year. A higher discount rate assumes that future benefits 

or costs are more heavily discounted than benefits or costs occurring in the present (i.e., future 

benefits or costs are a less significant factor in present-day decisions). The current set of interim 

estimates of SC-GHG have been developed using three different annual discount rates: 2.5%, 

3%, and 5% (reference (28)). 

As expected with such a complex model, there are multiple sources of uncertainty inherent in the 

SC-GHG estimates. Some sources of uncertainty relate to physical effects of GHG emissions, 

human behavior, future population growth and economic changes, and potential adaptation 

(reference (28)). To better understand and communicate the quantifiable uncertainty, the IWG 

method generates several thousand estimates of the social cost for a specific gas, emitted in a 

specific year, with a specific discount rate. These estimates create a frequency distribution based 

on different values for key uncertain climate model parameters. The shape and characteristics of 

that frequency distribution demonstrate the magnitude of uncertainty relative to the average or 

expected outcome.

To further address uncertainty, the IWG recommends reporting four SC-GHG estimates in any 

analysis. Three of the SC-GHG estimates reflect the average damages from the multiple 

simulations at each of the three discount rates. The fourth value represents higher-than-expected 

economic impacts from climate change. Specifically, it represents the 95th percentile of damages 

estimated, applying a 3% annual discount rate for future economic effects. This is a low 

probability, but high damage scenario, and represents an upper bound of damages within the 3% 

discount rate model. The estimates in Sections 3.3.3 and 3.3.4 follow the IWG recommendations.

Detailed calculations are presented in Appendix A.

3.3.3 Proposed Action 

For the Proposed Action, Coyote Creek estimates that approximately 5.2 million tons of 

mineable federal coal are in the LBA Tracts. If the 5.2 million tons are mined continuously, it 

would represent approximately two years of coal production at Coyote Creek Mine at a mining 

rate of 2.5 million tons per year. However, because the federal coal will not be mined all at one 

time, the actual time to produce coal from the LBA Tracts is estimated to be 13 years. Coyote 

Creek Mine’s projected mine life and operating plans, whether the LBA Tract is mined or not, 

extend through the year 2040, so the estimated GHG emission rates for the continued operations 
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Coyote Creek Mine Federal Coal Emergency Lease by Application 25

at Coyote Creek Mine or Coyote Station would be unchanged by the Proposed Action. 

Therefore, Table 3-2 only summarizes the direct and indirect GHG emissions from mining and 

combusting 5.2 million tons of mineable federal coal in the LBA Tracts, based on the emissions 

presented in this SEA.

Because (as noted above) lignite coal is difficult to transport, the Coyote Creek Mine is not 

connected to a rail line, and Coyote Creek Mine sells all of its coal to the Coyote Station; and 

because CCMC’s purpose in seeking the OSMRE’s approval is to facilitate a more efficient 

mining and reclamation plan, not to increase the supply of its marketable coal for sale, the 

OSMRE is confident, based on the data before it, that the Proposed Action would not result in 

increased sales of coal from Coyote Creek Mine (and associated GHG emissions) over and above 

the No Action Alternative.

Table 3-2 summarizes the SC-GHGs associated with estimated emissions from the Proposed 

Action. These estimates represent the present value (from the perspective of 2023) of future 

market and nonmarket costs associated with CO2, CH4, and N2O emissions. Estimates are 

calculated based on IWG estimates of social cost per metric ton of emissions for a given 

emissions year (reference (28)) and the OSMRE’s estimates of emissions in each year. They are 

rounded to the nearest $1,000. The estimates assume emissions would start in 2023 and end in 

2035, based on the current mining plan.

The OSMRE notes that the Proposed Action does not implicate “perfect substitution” of the type 

discouraged under NEPA. National Environmental Policy Act Guidance on Consideration of 

Greenhouse Gas Emissions and Climate Change, 88 Fed. Reg, 1196, 1205 & fn. 96, 97 (Jan. 9, 

2023). Mining of the LBA Tracts may lower marginal costs for the mine, which may be passed 

on to the Coyote Station and ultimately result in increased coal combustion, which could in turn 

lead to higher emissions. Likewise, mining the LBA Tracts may lower certain emissions 

associated with mining by allowing the mine to operate more efficiently. However, these 

changes are speculative and difficult to quantify.

Table 3-2 SC-GHGs Associated with Mining LBA Tracts and Coal Combustion under 

the Proposed Action

Social Cost 

Metric

5%

Average

Discount Rate

3%

Average

Discount Rate

2.5%

Average

Discount Rate

3%

Average Discount 

Rate, 95th Percentile

SC-CO2 $119,174,612 $403,624,711 $596,311,132 $1,206,688,498

SC-CH4 $625,230 $1,355,113 $1,764,181 $3,578,724

SC-N2O $801,062 $2,461,983 $3,591,300 $6,481,649

Total $120,600,904 $407,441,806 $601,666,612 $1,216,748,872
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3.3.4 No Action

Under the No Action Alternative, the OSMRE would not recommend approval of the MPDD to 

the ASLM. Without ASLM’s approval, the PSC’s approved permits would revert to the previous 

permits. Under the previous permits, the federal coal reserves in the LBA Tracts would not be 

recovered and mining would continue in other permitted areas until 2040. Mining the federal

coal would not occur, and the specific emissions associated with the federal coal would not 

occur. However, under the No Action Alternative the 5.2 million tons of federal coal described in 

the Proposed Action would be replaced on a one-to-one basis with private coal that has been 

previously leased to the Coyote Creek Mine. Mining the equivalent 5.2 million tons of mineable 

non-federal coal would occur at the existing rate of 2.5 million tons per year in other permitted 

areas. Coyote Station would continue to combust coal from other Coyote Creek Mine production 

areas at current rates, independent of the coal in the LBA Tracts, until 2040. Coyote Station 

would operate, as needed, independent of the coal in the LBA Tracts. Further, if the federal

mining plan is approved as described in the Proposed Action, then the 5.2 million tons of federal

coal would be mined and combusted, but the mine would not mine the equivalent amount of 

private coal at a later time because that amount of private coal is not needed for the mine to be 

able to supply Coyote Station until the current life of mine estimate of 2040. Therefore, the No 

Action Alternative would not change the estimated GHG emission rates for existing conditions. 

Table 3-3 summarizes the direct and indirect SC-GHG associated with the continued operations 

at Coyote Creek Mine or Coyote Station under the No Action Alternative.

Table 3-3 Estimated Social Cost of GHG for the No Action Alternative of Coal 

Combusted at an Electric Generating Utility

Social Cost 

Metric

5%

Average

Discount Rate

3%

Average

Discount Rate

2.5%

Average

Discount Rate

3%

Average 

Discount Rate, 

95th Percentile

SC-CO2 $119,174,612 $403,624,711 $596,311,132 $1,206,688,498

SC-CH4 $625,230 $1,355,113 $1,764,181 $3,578,724

SC-N2O $801,062 $2,461,983 $3,591,300 $6,481,649

Total $120,600,904 $407,441,806 $601,666,612 $1,216,748,872

Estimated SC-GHG costs for the No Action Alternative (Table 3-3) and the Proposed Action 

(Table 3-2) are identical because mining rate, direct mining equipment emissions, and indirect 

coal combustion rate at Coyote Station are the same for both alternatives. Therefore, the 

Proposed Action does not result in an incremental direct or indirect increase in the SC-GHGs 

from the No Action Alternative. 
Supplemental Environmental Assessment February 2024 Chapter 3

Coyote Creek Mine Federal Coal Emergency Lease by Application 27

3.3.4.1 Unavoidable Adverse, Irretrievable, and Irreversible Effects

The Coyote Creek Mine does not currently employ any CCUS technology, and there are no 

permit requirements to employ CCUS or reduce GHG emissions through other means; therefore, 

GHG emissions from the Proposed Action and their contribution to cumulative GHG levels and 

climate change are unavoidable and irretrievable throughout the life of the mine. Cumulative 

climate change impacts may be irreversible, depending on what future steps are taken to address 

future cumulative GHG emissions worldwide (i.e., if the world is unable to limit GHG 

emissions, some climate change impacts may be irreversible). Impacts on the long-term 

sustainability of area resources is dependent on the steps taken by the international community to 

limit GHG emissions (e.g., long-term sustainability of hydrologic resources will depend on the 

degree to which climate change induces drought and/or flooding which depends on the degree to 

which the planet warms which is directly related to the degree to which the international 

community does or does not limit GHG emissions).

3.3.4.2 Conclusion

CCMC would haul coal from the LBA Tracts in trucks via a direct corridor passing through 

undisturbed areas and the Permit NACC-1302 area to the Coyote Station’s coal crushing facility 

(Section 1.2.1). The coal is then transported from the crushing facility to Coyote Station via 

conveyor. The Coyote Station has current operating permits, with the ability to renew every 5 

years, and the Coyote Creek Mine is anticipated to operate through the permitted lifetime of the 

Coyote Station. The Coyote Creek Mine has non-federal coal leases sufficient to supply the 

Coyote Station through 2040. While the Coyote Creek Mine could supply the Coyote Station 

with non-federal coal sources, CCMC has applied to mine coal within federal leases because this 

would make for a more efficient mine plan. The Coyote Creek Mine is expected to have a 

maximum mining rate of 2.6 million tons per year and a life of mine through 2040, regardless of 

whether the Proposed Action is approved or not (Section 1.2). As such, annual GHG emissions 

from the Proposed Action will be approximately the same as emissions under the No Action 

Alternative. Therefore, regardless of whether the Proposed Action is approved or not, average 

annual emissions (primarily indirect) are expected to be approximately, 0.0024% of 2020 global 

emissions, 0.02% of 2018 United States net emissions, 20% of 2021 North Dakota emissions, 

60% of North Dakota’s federal lands 2014 emissions, 0.96% of 2014 national federal lands 

emissions, 1.67% of national 2021 federal coal emissions, and 17.7% of North Dakota’s 2021 

federal coal emissions. Additionally, the Proposed Action does not result in an incremental 

increase in the SC-GHG from the No Action Alternative. 

The global carbon budget is discussed in Section 3.3.1.3. The United States does not currently 

have a carbon budget with which to compare this project’s potential emissions, however, as 

discussed in Section 3.3.1.3, the United States has set specific emissions reduction goals. Under 

the Proposed Action, 8.2 MMT CO2e would be emitted annually from 2023 to 2040, 

representing approximately 0.4% of the necessary emissions reduction of 2,037 MMT CO2e to 
Supplemental Environmental Assessment February 2024 Chapter 3

Coyote Creek Mine Federal Coal Emergency Lease by Application 28

meet the 2030 emissions goals. The EPA has not set specific thresholds for GHG emissions. 

Disapproving the Proposed Action would not reduce global emissions in any meaningful way 

because the No Action Alternative has a very similar emissions profile. Therefore, while climate 

change does significantly impact the environment and the Proposed Action would produce 

climate changing emissions, there is no indication that the amount of GHG emissions from the 

Proposed Action as compared to the No Action Alternative would have a significant impact on 

climate change.
Supplemental Environmental Assessment February 2024 Chapter 4

Coyote Creek Mine Federal Coal Emergency Lease by Application 29

Chapter 4 List of Preparers

Table 4-1 and Table 4-2 identify the OSMRE staff and consultants used in the preparation of this 

SEA. 

Table 4-1 List of Preparers

Organization Name Title / Project Responsibility

OSMRE Logan Sholar Natural Resource Specialist / Project Manager, internal scoping, 

review of Supplemental EA

OSMRE Charlie Kwak Environmental Protection Specialist, review of Supplemental 

EA

Table 4-2 Consultants

Organization Name Title / Project Responsibility

Barr Engineering Co. Amanda Gravseth Senior Chemical Engineer / Project Manager, Supplemental 

EA author 

Barr Engineering Co. Bernardo Garza Senior NEPA Consultant, Supplemental EA author

Barr Engineering Co. Lisa Ungar Senior Administrative Assistant, review of Supplemental 

EA

Barr Engineering Co. Rachael Shetka Vice President / Project Principal, review of Supplemental 

EA
Supplemental Environmental Assessment February 2024 References

Coyote Creek Mine Federal Coal Emergency Lease by Application 30

Chapter 5 References

1. U.S. Department of the Interior Bureau of Land Management. Coyote Creek Mine Lease 

by Application for Emergency Lease Sale of Federal Coal, Serial Number: NDM 110277 

Environmental Assessment. July 2020.

2. North Dakota Department of Environmental Quality. Air Pollution Control Minor Source 

Permit to Operate: Coyote Creek Mining Company, LLC. October 21, 2021. Permit Number: 

AOP-28007 v2.0.

3. U.S. Department of the Interior Office of Surface Mining Reclamation and Enforcement.

Handbook on Procedures for Implementing the National Environmental Policy Act. July 

2019.

4. Bureau of Land Mangement. Notice of Availability of the Environmental Assessment for 

Coyote Creek Mining Company's Lease-by-Application NDM 110277, Mercer County, ND, 

Notice of Public Hearing, & Request for Comment on Env Assessment, Maximum Economic 

Recovery, & Fair Market Value. Federal Register. May 6, 2020, pp. 26985-26986. 

Document Number: 2020-09613.

5. Intergovernmental Panel on Climate Change (IPCC). Climate Change 2014: Synthesis 

Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the 

Intergovernmental Panel on Climate Change. [ed.] R. K. Pachauri and L. A. Meyer. Geneva, 

Switzerland : IPCC, 2014.

6. Rivera, Alfredo, et al. Preliminary 2020 Global Greenhouse Gas Emissions Estimates. 

[Online] December 23, 2021. Rhodium Group, LLC. https://rhg.com/research/preliminary2020-global-greenhouse-gas-emissions-estimates/.

7. U.S. Environmental Protection Agency. Inventory of U.S. Greenhouse Gas Emissions and 

Sinks: 1990-2020. April 15, 2022. EPA 430-R-22-003.

8. —. Facility Level Information on GHGs Tool (FLIGHT). [Online] 2021 Greenhouse Gas 

Emissions from Large Facilities. http://ghgdata.epa.gov/ghgp/main.do.

9. Merrill, M.D., Sleeter, B.M., Freeman, P.A., Liu, J., Warwick, P.D., and Reed, B.C.

Federal Lands Greenhouse Gas Emissions and Sequestration in the United States: Estimates 

for 2005–14. 2018. p. 31. U.S. Geological Survey Scientific Investigations Report 2018–

5131.

10. Bureau of Land Management. 2021 BLM Specialist Report on Annual Greenhouse Gas 

Emissions and Climate Trends: from Coal, Oil, and Gas Exploration and Development on the 

Federal Mineral Estate). 2022.
Supplemental Environmental Assessment February 2024 References

Coyote Creek Mine Federal Coal Emergency Lease by Application 31

11. Intergovernmental Panel on Climate Change. Global Warming of 1.5oC. An IPCC Special 

Report on the impacts of global warming of 1.5°C above pre-industrial levels and related 

global greenhouse gas emission pathways, in the context of strengthening the global response 

to the threat of climate change,. s.l., Cambridge, UK : Cambridge University Press, 2019. 

The impacts of global warming of 1.5°C above pre-industrial levels and related global 

greenhouse gas emission pathways (context of strengthening the global response to the threat 

of climate change, sustainable development and efforts to eradicate poverty).

12. UNEP, UNEP Copenhagen Climate Center (UNEP-CCC). Emissions Gap Report 2021. 

October 26, 2021.

13. United Nations. Paris Agreement. 2015.

14. Presidential Executive Order. Tackling the Climate Crisis at Home and Abroad. 19 Federal 

Register. February 1, 2021. Vol. 86, pp. 7619-7633.

15. National Climate Advisor; White House Office of Domestic Climate Policy. The United 

States of America Nationally Determined Contribution - Reducing Greenhouse Gases in the 

United States: A 2030 Emissions Target. n.d.

16. Special Presidential Envoy for Climate; National Climate Advisor. The Long-Term 

Strategy of the United States: Pathways to Net-Zero Greenhouse Gas Emissions by 2050. 

November 2021.

17. Presidential Executive Order. Catalyzing Clean Energy Industries and Jobs Through 

Federal Sustainability. Federal Register. December 8, 2021. Vol. 86, No. 236, pp. 70935-

70943. Executive Order 14057.

18. United States of America. Fact Sheet: The Inflation Reduction Act Supports Workers and 

Families. August 19, 2022.

19. Larsen, John, et al. A Turning Point for US Climate Progress Assessing the Climate and 

Clean Energy Provisions in the Inflation Reduction Act. [Online] August 12, 2022. 

https://rhg.com/research/climate-clean-energy-inflation-reduction-act/.

20. Center for Climate and Energy Solutions. U.S. State Greenhouse Gas Emissions Targets. 

[Online] https://www.c2es.org/document/greenhouse-gas-emissions-targets/.

21. Intergovernmental Panel on Climate Change. Climate Change 2014: Synthesis Report. 

Contribution of Working Groups I, II and III to the Fifth Assessment Report of 

Intergovernmental Panel on Climate Change. [ed.] Rajendra K. Pachauri, Leo Meyer and 

Core Writing Team. s.l., Geneva, Switzerland : IPCC, 2014. p. 151.

22. Millar, Richard J., et al. Emission budgets and pathways consistent with limiting warming 

to 1.5°C. Nature Geoscience. October 2017, Vol. 10, pp. 741-747.
Supplemental Environmental Assessment February 2024 References

Coyote Creek Mine Federal Coal Emergency Lease by Application 32

23. Mitchell, Dann, et al. The myriad challenges of the Paris Agreement. Philosophical 

Transactions of the Royal Society A Mathematical Physical and Engineerig Sciences. 2018, 

Vol. 376.

24. Intergovernmental Panel on Climate Change. Sixth Assessment Report. IPCC. [Online] 

https://www.ipcc.ch/assessment-report/ar6/.

25. Friedlingstein, P., Jones, M. W., O'Sullivan, M., Andrew, R. M., Hauck, J., Peters, G. 

P., Peters, W., Pongratz, J., Sitch, S., Le Quéré, C., Bakker, D. C. E., Canadell, J. G., 

Ciais, P., Jackson, R. B., Anthoni, P., Barbero, L., Bastos, A., Bastrikov, V. Global 

Carbon Budget 2019. Earth System Science Data. 2019, Vol. 11, pp. 1783-1838.

26. Presidential Executive Order. Protecting Public Health and the Environment and Restoring 

Science To Tackle the Climate Crisis. Federal Register. January 25, 2021. Vol. 86, 14, pp. 

7037-7043. Executive Order 13990.

27. Council on Environmental Quality. Final Guidance for Federal Departments and Agencies 

on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in 

National Environmental Policy Act Reviews Memorandum for Heads of Federal 

Departments and Agencies. August 1, 2016.

28. Interagency Working Group on Social Cost of Greenhouse Gases, United States 

Government. Technical Support Document: Social Cost of Carbon, Methane, and Nitrous 

Oxide - Interim Estimates under Executive Order 13990. February 2021.

29. Office of Management and Budget. Social Cost of Greenhouse Gases. Regulatory Matters | 

The White House. [Online] [Cited: November 23, 2021.] 

https://www.whitehouse.gov/omb/information-regulatory-affairs/regulatory-matters/#scghgs.
Coyote Creek Mine Federal Coal Emergency Lease by Application

33

Appendix A

Social Cost of Greenhouse Gases Calculations
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

34

Appendix A Social Cost of Greenhouse Gases Calculations

Year 5.0%_CO2 3.0%_CO2 2.5%_CO2 3% 95th Pct._CO2 5.0%_CH4 3.0%_CH4 2.5%_CH4 3% 95th Pct._CH4 5.0%_N2O 3.0%_N2O 2.5%_N2O 3% 95th Pct._N2O

2020 14.476 51.082 76.421 151.608 665.688 1485.078 1953.209 3906.371 5779.426 18405.298 27130.806 48255.974

2021 14.964 52.15 77.727 155.119 692.917 1532.015 2008.649 4034.779 5981.4 18842.379 27687.532 49463.691

2022 15.453 53.219 79.033 158.629 720.147 1578.952 2064.09 4163.187 6183.373 19279.46 28244.259 50671.409

2023 15.942 54.287 80.339 162.139 747.376 1625.89 2119.53 4291.595 6385.347 19716.542 28800.985 51879.127

2024 16.431 55.355 81.645 165.65 774.605 1672.827 2174.97 4420.003 6587.321 20153.623 29357.712 53086.844

2025 16.919 56.423 82.951 169.16 801.834 1719.764 2230.41 4548.41 6789.294 20590.704 29914.439 54294.562

2026 17.408 57.491 84.257 172.67 829.063 1766.701 2285.851 4676.818 6991.268 21027.785 30471.165 55502.279

2027 17.897 58.56 85.563 176.181 856.292 1813.639 2341.291 4805.226 7193.242 21464.867 31027.892 56709.997

2028 18.386 59.628 86.869 179.691 883.521 1860.576 2396.731 4933.634 7395.215 21901.948 31584.618 57917.715

2029 18.874 60.696 88.175 183.201 910.75 1907.513 2452.171 5062.042 7597.189 22339.029 32141.345 59125.432

2030 19.363 61.764 89.481 186.712 937.979 1954.45 2507.612 5190.45 7799.163 22776.11 32698.071 60333.15

2031 19.947 62.908 90.844 190.535 972.355 2009.824 2571.507 5344.225 8046.879 23268.02 33309.463 61692.265

2032 20.53 64.052 92.207 194.359 1006.731 2065.198 2635.403 5498.001 8294.595 23759.929 33920.854 63051.381

2033 21.114 65.196 93.57 198.183 1041.107 2120.572 2699.299 5651.776 8542.311 24251.838 34532.245 64410.496

2034 21.697 66.34 94.934 202.006 1075.483 2175.946 2763.195 5805.552 8790.027 24743.748 35143.636 65769.611

2035 22.281 67.484 96.297 205.83 1109.859 2231.32 2827.091 5959.327 9037.743 25235.657 35755.028 67128.727

2036 22.864 68.628 97.66 209.654 1144.235 2286.694 2890.986 6113.103 9285.459 25727.567 36366.419 68487.842

2037 23.448 69.772 99.023 213.477 1178.611 2342.068 2954.882 6266.878 9533.175 26219.476 36977.81 69846.958

2038 24.031 70.916 100.387 217.301 1212.987 2397.441 3018.778 6420.653 9780.891 26711.385 37589.202 71206.073

2039 24.615 72.06 101.75 221.124 1247.363 2452.815 3082.674 6574.429 10028.607 27203.295 38200.593 72565.188

2040 25.199 73.204 103.113 224.948 1281.739 2508.189 3146.569 6728.204 10276.323 27695.204 38811.984 73924.304

2041 25.845 74.35 104.449 228.448 1319.241 2564.102 3209.556 6872.909 10566.545 28224.594 39456.17 75348.507

2042 26.491 75.496 105.785 231.947 1356.743 2620.014 3272.542 7017.614 10856.768 28753.983 40100.356 76772.71

2043 27.137 76.642 107.12 235.447 1394.244 2675.927 3335.528 7162.319 11146.991 29283.373 40744.542 78196.914

2044 27.783 77.788 108.456 238.947 1431.746 2731.839 3398.515 7307.023 11437.213 29812.763 41388.727 79621.117

2045 28.429 78.933 109.792 242.447 1469.247 2787.751 3461.501 7451.728 11727.436 30342.152 42032.913 81045.32

2046 29.076 80.079 111.128 245.946 1506.749 2843.664 3524.487 7596.433 12017.659 30871.542 42677.099 82469.524

2047 29.722 81.225 112.464 249.446 1544.25 2899.576 3587.474 7741.138 12307.881 31400.932 43321.285 83893.727

2048 30.368 82.371 113.799 252.946 1581.752 2955.489 3650.46 7885.842 12598.104 31930.321 43965.471 85317.93

2049 31.014 83.516 115.135 256.445 1619.253 3011.401 3713.446 8030.547 12888.327 32459.711 44609.656 86742.134

2050 31.66 84.662 116.471 259.945 1656.755 3067.314 3776.432 8175.252 13178.549 32989.101 45253.842 88166.337

2051 32.349 85.857 117.855 263.593 1697.036 3126.505 3842.777 8328.179 13489.648 33545.582 45927.063 89663.937

2052 33.053 87.068 119.255 267.293 1738.297 3186.839 3910.287 8483.966 13808.092 34111.451 46610.299 91186.975

2053 33.772 88.297 120.672 271.044 1780.561 3248.336 3978.983 8642.667 14134.052 34686.864 47303.699 92735.884

2054 34.507 89.543 122.106 274.848 1823.852 3311.021 4048.886 8804.337 14467.708 35271.985 48007.414 94311.103

2055 35.258 90.807 123.556 278.706 1868.196 3374.915 4120.018 8969.032 14809.240 35866.975 48721.598 95913.078

2056 36.026 92.088 125.024 282.618 1913.618 3440.042 4192.399 9136.807 15158.834 36472.002 49446.407 97542.265
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Year 5.0%_CO2 3.0%_CO2 2.5%_CO2 3% 95th Pct._CO2 5.0%_CH4 3.0%_CH4 2.5%_CH4 3% 95th Pct._CH4 5.0%_N2O 3.0%_N2O 2.5%_N2O 3% 95th Pct._N2O

2057 36.810 93.388 126.510 286.584 1960.145 3506.425 4266.051 9307.720 15516.681 37087.235 50181.999 99199.125

2058 37.611 94.706 128.013 290.606 2007.803 3574.090 4340.997 9481.831 15882.975 37712.847 50928.533 100884.129

2059 38.429 96.042 129.534 294.685 2056.619 3643.061 4417.260 9659.198 16257.917 38349.011 51686.174 102597.754

2060 39.265 97.398 131.073 298.821 2106.622 3713.362 4494.863 9839.884 16641.709 38995.907 52455.085 104340.487

2061 40.120 98.772 132.630 303.015 2157.841 3785.021 4573.829 10023.949 17034.562 39653.715 53235.436 106112.822

2062 40.993 100.166 134.206 307.268 2210.306 3858.062 4654.183 10211.458 17436.688 40322.619 54027.395 107915.263

2063 41.885 101.580 135.800 311.580 2264.046 3932.512 4735.948 10402.473 17848.307 41002.807 54831.135 109748.319

2064 42.797 103.013 137.414 315.953 2319.092 4008.399 4819.150 10597.063 18269.643 41694.468 55646.833 111612.513

2065 43.728 104.467 139.046 320.388 2375.477 4085.751 4903.813 10795.292 18700.925 42397.797 56474.666 113508.371

2066 44.680 105.941 140.698 324.884 2433.233 4164.595 4989.964 10997.229 19142.389 43112.990 57314.813 115436.433

2067 45.652 107.436 142.370 329.444 2492.393 4244.961 5077.628 11202.943 19594.274 43840.248 58167.460 117397.245

2068 46.646 108.952 144.061 334.068 2552.992 4326.878 5166.832 11412.506 20056.826 44579.773 59032.790 119391.363

2069 47.661 110.490 145.773 338.756 2615.064 4410.375 5257.603 11625.989 20530.297 45331.774 59910.994 121419.354

2070 48.698 112.049 147.505 343.511 2678.645 4495.484 5349.969 11843.465 21014.945 46096.459 60802.262 123481.792

Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide, Interim Estimates under E.O. 13990. Interagency Working Group on Social Cost of Carbon, United States Government. February 2021.

Social Cost estimates for emissions years beyond 2050 are estimated using an annual growth rate equal to the average annual growth in social cost estimates for the last five years of available estimates from the TSD (2046-2050)
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Social Cost of Carbon Dioxide Calculator

Base Year: 2021 (The Base Year is often the current year and can be no later than the first year of emissions.)

Year 1: 2022 (First year of emissions)

Year of 

emissions

CO2

emissions 

(metric 

tons)1

Per ton 

SC-CO2

Value 

(2020$/

metric 

ton 

CO2)

2,3

Average, 

5%

Per ton 

SC-CO2

Value 

(2020$/

metric 

ton 

CO2)

2,3

Average, 

3%

Per ton 

SC-CO2

Value 

(2020$/

metric 

ton 

CO2)

2,3

Average 

2.5%

Per ton 

SC-CO2

Value 

(2020$/met

ric ton 

CO2)

2,3

95th 

Percentile, 

3%

Present 

Value (in 

Base Year) 

of Estimated 

SC-CO2 by 

emissions 

year 

(2020$)4

Average, 5%

Present Value 

(in Base Year) 

of Estimated 

SC-CO2 by 

emissions year 

(2020$)4

Average, 3%

Present Value 

(in Base 

Year) of 

Estimated 

SC-CO2 by 

emissions 

year (2020$)4

Average 

2.5%

Present Value 

(in Base Year) 

of Estimated 

SC-CO2 by 

emissions year 

(2020$)4

95th Percentile, 

3%

2022 $15 $53 $79 $159 $0 $0 $0 $0

2023 3,681,297 $16 $54 $80 $162 $53,231,047 $188,374,534 $281,500,706 $562,618,280

2024 3,681,297 $16 $55 $82 $166 $52,251,275 $186,485,891 $279,099,331 $558,059,575

2025 $17 $56 $83 $169 $0 $0 $0 $0

2026 $17 $57 $84 $173 $0 $0 $0 $0

2027 $18 $59 $86 $176 $0 $0 $0 $0

2028 $18 $60 $87 $180 $0 $0 $0 $0

2029 $19 $61 $88 $183 $0 $0 $0 $0

2030 $19 $62 $89 $187 $0 $0 $0 $0

2031 $20 $63 $91 $191 $0 $0 $0 $0

2032 $21 $64 $92 $194 $0 $0 $0 $0

2033 $21 $65 $94 $198 $0 $0 $0 $0

2034 $22 $66 $95 $202 $0 $0 $0 $0

2035 $22 $67 $96 $206 $0 $0 $0 $0

2036 $23 $69 $98 $210 $0 $0 $0 $0

2037 $23 $70 $99 $213 $0 $0 $0 $0

2038 $24 $71 $100 $217 $0 $0 $0 $0

2039 $25 $72 $102 $221 $0 $0 $0 $0

2040 $25 $73 $103 $225 $0 $0 $0 $0

2041 $26 $74 $104 $228 $0 $0 $0 $0

2042 $26 $75 $106 $232 $0 $0 $0 $0

2043 $27 $77 $107 $235 $0 $0 $0 $0

2044 $28 $78 $108 $239 $0 $0 $0 $0

2045 $28 $79 $110 $242 $0 $0 $0 $0

2046 $29 $80 $111 $246 $0 $0 $0 $0

2047 $30 $81 $112 $249 $0 $0 $0 $0

2048 $30 $82 $114 $253 $0 $0 $0 $0

2049 $31 $84 $115 $256 $0 $0 $0 $0

2050 $32 $85 $116 $260 $0 $0 $0 $0

2051 $32 $86 $118 $264 $0 $0 $0 $0

2052 $33 $87 $119 $267 $0 $0 $0 $0

2053 $34 $88 $121 $271 $0 $0 $0 $0

2054 $35 $90 $122 $275 $0 $0 $0 $0

2055 $35 $91 $124 $279 $0 $0 $0 $0

2056 $36 $92 $125 $283 $0 $0 $0 $0

2057 $37 $93 $127 $287 $0 $0 $0 $0

2058 $38 $95 $128 $291 $0 $0 $0 $0

2059 $38 $96 $130 $295 $0 $0 $0 $0

2060 $39 $97 $131 $299 $0 $0 $0 $0

2061 $40 $99 $133 $303 $0 $0 $0 $0

2062 $41 $100 $134 $307 $0 $0 $0 $0

2063 $42 $102 $136 $312 $0 $0 $0 $0

2064 $43 $103 $137 $316 $0 $0 $0 $0

2065 $44 $104 $139 $320 $0 $0 $0 $0

2066 $45 $106 $141 $325 $0 $0 $0 $0

2067 $46 $107 $142 $329 $0 $0 $0 $0

2068 $47 $109 $144 $334 $0 $0 $0 $0

2069 $48 $110 $146 $339 $0 $0 $0 $0

2070 $49 $112 $148 $344 $0 $0 $0 $0

2071 $49 $112 $148 $344 $0 $0 $0 $0
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Annual Discount Rates Average, 5% Average, 3% Average 2.5% 95th Percentile, 

3%

Present Value (in Base Year) of Estimated SCCO2 for all CO2 emissions, 2020$)$105,482,322 $374,860,425 $560,600,037 $1,120,677,855

1 Annual GHG Estimates from Air Resource Specialist,

2 Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide, Interim Estimates under E.O. 13990. Interagency Working Group on Social Cost of Carbon, United States 

Government. February 2021.

3 Social Cost estimates for emissions years beyond 2050 are estimated using an annual growth rate equal to the average annual growth in social cost estimates for the last five years of available 

estimates from the TSD (2046-2050)

4 The SCC estimates from the IWG represent the present value of damages from that year's emissions discounted back to the year of emissions. These columns take that value and discount to the 

base year in order to facilitate the total NPV calculation.
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Social Cost of Methane Calculator

Base Year: 2021 (The Base Year is often the current year and can be no later than the first year of emissions.)

Year 1: 2022 (First year of emissions)

Year of emissions CH4 emissions 

(metric tons)1

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

Average, 5%

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

Average, 3%

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

Average 2.5%

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

95th Percentile, 3%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

Average, 5%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

Average, 3%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

Average 2.5%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

95th Percentile, 

3%

2022 $720 $1,579 $2,064 $4,163 $0 $0 $0 $0

2023 411 $747 $1,626 $2,120 $4,292 $278,614 $629,881 $829,151 $1,662,594

2024 411 $775 $1,673 $2,175 $4,420 $275,014 $629,189 $830,087 $1,662,466

2025 $802 $1,720 $2,230 $4,548 $0 $0 $0 $0

2026 $829 $1,767 $2,286 $4,677 $0 $0 $0 $0

2027 $856 $1,814 $2,341 $4,805 $0 $0 $0 $0

2028 $884 $1,861 $2,397 $4,934 $0 $0 $0 $0

2029 $911 $1,908 $2,452 $5,062 $0 $0 $0 $0

2030 $938 $1,954 $2,508 $5,190 $0 $0 $0 $0

2031 $972 $2,010 $2,572 $5,344 $0 $0 $0 $0

2032 $1,007 $2,065 $2,635 $5,498 $0 $0 $0 $0

2033 $1,041 $2,121 $2,699 $5,652 $0 $0 $0 $0

2034 $1,075 $2,176 $2,763 $5,806 $0 $0 $0 $0

2035 $1,110 $2,231 $2,827 $5,959 $0 $0 $0 $0

2036 $1,144 $2,287 $2,891 $6,113 $0 $0 $0 $0

2037 $1,179 $2,342 $2,955 $6,267 $0 $0 $0 $0

2038 $1,213 $2,397 $3,019 $6,421 $0 $0 $0 $0

2039 $1,247 $2,453 $3,083 $6,574 $0 $0 $0 $0

2040 $1,282 $2,508 $3,147 $6,728 $0 $0 $0 $0

2041 $1,319 $2,564 $3,210 $6,873 $0 $0 $0 $0

2042 $1,357 $2,620 $3,273 $7,018 $0 $0 $0 $0

2043 $1,394 $2,676 $3,336 $7,162 $0 $0 $0 $0

2044 $1,432 $2,732 $3,399 $7,307 $0 $0 $0 $0

2045 $1,469 $2,788 $3,462 $7,452 $0 $0 $0 $0

2046 $1,507 $2,844 $3,524 $7,596 $0 $0 $0 $0

2047 $1,544 $2,900 $3,587 $7,741 $0 $0 $0 $0

2048 $1,582 $2,955 $3,650 $7,886 $0 $0 $0 $0

2049 $1,619 $3,011 $3,713 $8,031 $0 $0 $0 $0

2050 $1,657 $3,067 $3,776 $8,175 $0 $0 $0 $0

2051 $1,697 $3,127 $3,843 $8,328 $0 $0 $0 $0
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Year of emissions CH4 emissions 

(metric tons)1

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

Average, 5%

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

Average, 3%

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

Average 2.5%

Per ton SC-CH4 Value 

(2020$/metric ton 

CH4)

2,3

95th Percentile, 3%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

Average, 5%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

Average, 3%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

Average 2.5%

Present Value (in 

Base Year) of 

Estimated SCCH4 by emissions 

year (2020$)4

95th Percentile, 

3%

2052 $1,738 $3,187 $3,910 $8,484 $0 $0 $0 $0

2053 $1,781 $3,248 $3,979 $8,643 $0 $0 $0 $0

2054 $1,824 $3,311 $4,049 $8,804 $0 $0 $0 $0

2055 $1,868 $3,375 $4,120 $8,969 $0 $0 $0 $0

2056 $1,914 $3,440 $4,192 $9,137 $0 $0 $0 $0

2057 $1,960 $3,506 $4,266 $9,308 $0 $0 $0 $0

2058 $2,008 $3,574 $4,341 $9,482 $0 $0 $0 $0

2059 $2,057 $3,643 $4,417 $9,659 $0 $0 $0 $0

2060 $2,107 $3,713 $4,495 $9,840 $0 $0 $0 $0

2061 $2,158 $3,785 $4,574 $10,024 $0 $0 $0 $0

2062 $2,210 $3,858 $4,654 $10,211 $0 $0 $0 $0

2063 $2,264 $3,933 $4,736 $10,402 $0 $0 $0 $0

2064 $2,319 $4,008 $4,819 $10,597 $0 $0 $0 $0

2065 $2,375 $4,086 $4,904 $10,795 $0 $0 $0 $0

2066 $2,433 $4,165 $4,990 $10,997 $0 $0 $0 $0

2067 $2,492 $4,245 $5,078 $11,203 $0 $0 $0 $0

2068 $2,553 $4,327 $5,167 $11,413 $0 $0 $0 $0

2069 $2,615 $4,410 $5,258 $11,626 $0 $0 $0 $0

2070 $2,679 $4,495 $5,350 $11,843 $0 $0 $0 $0

2071 $2,679 $4,495 $5,350 $11,843 $0 $0 $0 $0

Annual Discount Rates Average, 5% Average, 3% Average 2.5% 95th Percentile, 

3%

Present Value (in Base Year) of Estimated SC-CH4

for all CH4 emissions, 2020$)

$553,627 $1,259,070 $1,659,238 $3,325,059

1 Annual GHG Estimates from Air Resource Specialist,

2 Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide, Interim Estimates under E.O. 13990. Interagency Working Group on Social Cost of Carbon, United States Government. February 2021.

3 Social Cost estimates for emissions years beyond 2050 are estimated using an annual growth rate equal to the average annual growth in social cost estimates for the last five years of available estimates from the TSD (2046-2050)
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Social Cost of Nitrous Oxide Calculator

Base Year: 2021 (The Base Year is often the current year and can be no later than the first year of emissions.)

Year 1: 2022 (First year of emissions)

Year of emissions N2O emissions 

(metric tons)1

Per ton SC-N2O 

Value 

(2020$/metric ton 

N2O)2,3

Average, 5%

Per ton SC-N2O 

Value 

(2020$/metric 

ton N2O)2,3

Average, 3%

Per ton SCN2O Value 

(2020$/metric 

ton N2O)2,3

Average 2.5%

Per ton SC-N2O Value 

(2020$/metric ton 

N2O)2,3

95th Percentile, 3%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

Average, 5%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

Average, 3%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

Average 2.5%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

95th Percentile, 3%

2022 $6,183 $19,279 $28,244 $50,671 $0 $0 $0 $0

2023 62 $6,385 $19,717 $28,801 $51,879 $359,085 $1,152,253 $1,699,618 $3,031,865

2024 62 $6,587 $20,154 $29,358 $53,087 $352,803 $1,143,492 $1,690,216 $3,012,083

2025 $6,789 $20,591 $29,914 $54,295 $0 $0 $0 $0

2026 $6,991 $21,028 $30,471 $55,502 $0 $0 $0 $0

2027 $7,193 $21,465 $31,028 $56,710 $0 $0 $0 $0

2028 $7,395 $21,902 $31,585 $57,918 $0 $0 $0 $0

2029 $7,597 $22,339 $32,141 $59,125 $0 $0 $0 $0

2030 $7,799 $22,776 $32,698 $60,333 $0 $0 $0 $0

2031 $8,047 $23,268 $33,309 $61,692 $0 $0 $0 $0

2032 $8,295 $23,760 $33,921 $63,051 $0 $0 $0 $0

2033 $8,542 $24,252 $34,532 $64,410 $0 $0 $0 $0

2034 $8,790 $24,744 $35,144 $65,770 $0 $0 $0 $0

2035 $9,038 $25,236 $35,755 $67,129 $0 $0 $0 $0

2036 $9,285 $25,728 $36,366 $68,488 $0 $0 $0 $0

2037 $9,533 $26,219 $36,978 $69,847 $0 $0 $0 $0

2038 $9,781 $26,711 $37,589 $71,206 $0 $0 $0 $0

2039 $10,029 $27,203 $38,201 $72,565 $0 $0 $0 $0

2040 $10,276 $27,695 $38,812 $73,924 $0 $0 $0 $0

2041 $10,567 $28,225 $39,456 $75,349 $0 $0 $0 $0

2042 $10,857 $28,754 $40,100 $76,773 $0 $0 $0 $0

2043 $11,147 $29,283 $40,745 $78,197 $0 $0 $0 $0

2044 $11,437 $29,813 $41,389 $79,621 $0 $0 $0 $0

2045 $11,727 $30,342 $42,033 $81,045 $0 $0 $0 $0

2046 $12,018 $30,872 $42,677 $82,470 $0 $0 $0 $0

2047 $12,308 $31,401 $43,321 $83,894 $0 $0 $0 $0

2048 $12,598 $31,930 $43,965 $85,318 $0 $0 $0 $0

2049 $12,888 $32,460 $44,610 $86,742 $0 $0 $0 $0

2050 $13,179 $32,989 $45,254 $88,166 $0 $0 $0 $0

2051 $13,490 $33,546 $45,927 $89,664 $0 $0 $0 $0
Supplemental Environmental Assessment February 2024 Appendix A

Coyote Creek Mine Federal Coal Emergency Lease by Application

Year of emissions N2O emissions 

(metric tons)1

Per ton SC-N2O 

Value 

(2020$/metric ton 

N2O)2,3

Average, 5%

Per ton SC-N2O 

Value 

(2020$/metric 

ton N2O)2,3

Average, 3%

Per ton SCN2O Value 

(2020$/metric 

ton N2O)2,3

Average 2.5%

Per ton SC-N2O Value 

(2020$/metric ton 

N2O)2,3

95th Percentile, 3%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

Average, 5%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

Average, 3%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

Average 2.5%

Development and 

Operations

Present Value (in Base 

Year) of Estimated SCN2O by emissions year 

(2020$)4

95th Percentile, 3%

2052 $13,808 $34,111 $46,610 $91,187 $0 $0 $0 $0

2053 $14,134 $34,687 $47,304 $92,736 $0 $0 $0 $0

2054 $14,468 $35,272 $48,007 $94,311 $0 $0 $0 $0

2055 $14,809 $35,867 $48,722 $95,913 $0 $0 $0 $0

2056 $15,159 $36,472 $49,446 $97,542 $0 $0 $0 $0

2057 $15,517 $37,087 $50,182 $99,199 $0 $0 $0 $0

2058 $15,883 $37,713 $50,929 $100,884 $0 $0 $0 $0

2059 $16,258 $38,349 $51,686 $102,598 $0 $0 $0 $0

2060 $16,642 $38,996 $52,455 $104,340 $0 $0 $0 $0

2061 $17,035 $39,654 $53,235 $106,113 $0 $0 $0 $0

2062 $17,437 $40,323 $54,027 $107,915 $0 $0 $0 $0

2063 $17,848 $41,003 $54,831 $109,748 $0 $0 $0 $0

2064 $18,270 $41,694 $55,647 $111,613 $0 $0 $0 $0

2065 $18,701 $42,398 $56,475 $113,508 $0 $0 $0 $0

2066 $19,142 $43,113 $57,315 $115,436 $0 $0 $0 $0

2067 $19,594 $43,840 $58,167 $117,397 $0 $0 $0 $0

2068 $20,057 $44,580 $59,033 $119,391 $0 $0 $0 $0

2069 $20,530 $45,332 $59,911 $121,419 $0 $0 $0 $0

2070 $21,015 $46,096 $60,802 $123,482 $0 $0 $0 $0

2071 $21,015 $46,096 $60,802 $123,482 $0 $0 $0 $0

Annual Discount Rates Average, 5% Average, 3% Average 2.5% 95th Percentile, 3%

Present Value (in Base Year) of Estimated SC-N2O for all N2O emissions, 2020$) $711,889 $2,295,745 $3,389,834 $6,043,948

Total for all GHGs $106,747,838 $378,415,240 $565,649,109 $1,130,046,863

1 Annual GHG Estimates from Air Resource Specialist.

2 Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide, Interim Estimates under E.O. 13990. Interagency Working Group on Social Cost of Carbon, United States Government. February 2021.

3 Social Cost estimates for emissions years beyond 2050 are estimated using an annual growth rate equal to the average annual growth in social cost estimates for the last five years of available estimates from the TSD (2046-2050)

4 The SCC estimates from the IWG represent the present value of damages from that year's emissions discounted back to the year of emissions. These columns take that value and discount to the base year in order to facilitate the total NPV calculation.
Coyote Creek Mine Federal Coal Emergency Lease by Application 

42 

Appendix B

Public Comment Responses
Supplemental Environmental Assessment February 2024 Appendix B

Coyote Creek Mine Federal Coal Emergency Lease by Application

Appendix B Public Comment Responses

Commentor Comment OSMRE Response to Comment

L. David Glatt

(North Dakota Department of 

Environmental Quality)

All necessary measures must be taken to minimize fugitive dust emissions created during construction 

activities. Any complaints that arise are to be dealt with in an efficient and effective manner. 

Section 3.3.1.2 of the 2020 EA (reference (1)) describes the fugitive dust control measures required for Coyote 

Creek. Furthermore, Coyote Creek developed and implements a fugitive dust control plan to comply with air 

quality permit condition requirements. As previously noted, the OSMRE incorporates by reference the air quality 

analysis from the 2020 EA, and it is not discussed further in this SEA.

L. David Glatt

(North Dakota Department of 

Environmental Quality)

Care is to be taken during construction activity near any water of the state to minimize adverse effects on a 

water body. This includes minimal disturbance of stream beds and banks to prevent excess siltation, and the 

replacement and revegetation of any disturbed area as soon as possible after work has been completed. 

Caution must also be taken to prevent spills of oil and grease that may reach the receiving water from 

equipment maintenance, and/or the handling of fuels on the site. Guidelines for minimizing degradation to 

waterways during construction are attached.

Section 3.4 of the 2020 EA (reference (1)) assesses the potential for impacts to water resources. Coyote Creek 

would implement sediment control measures established within the NDPSC-issued SMCRA permit that would 

minimize impacts to the downstream surface water features outside the disturbance area. As previously noted, the 

OSMRE incorporates by reference the water resources analyses from the 2020 EA, and they are not discussed 

further in this SEA.

L. David Glatt

(North Dakota Department of 

Environmental Quality)

Coyote Creek Mining Company currently has North Dakota Pollutant Discharge Elimination System 

(NPDES) permits to discharge stormwater and wastewater from its mining activities. Mining of the Federal 

coal tracts would be subject to the conditions of the permits in accordance with state rules and policies.

Comment noted. In addition, Section 3.4 of the 2020 EA (reference (1)) assesses the potential for impacts to 

water resources. As previously noted, the OSMRE incorporates by reference the water resources analyses from 

2020 EA, and they are not discussed further in this SEA.

L. David Glatt

(North Dakota Department of 

Environmental Quality)

The proposed project appears to have the potential to be a source of emissions to the air capable of causing or 

contributing to air pollution and may be required to have an Air Pollution Control Permit to 

Construct/Operate as required by Chapter 33.1-15-14 of the North Dakota Air Pollution Control Rules. The 

applicant should contact the department’s Air Pollution Control Program at 701-328-5188 prior to 

commencing construction.

Section 3.3.1.2 of the 2020 EA (reference (1)) describes that the Proposed Action does not require a new or 

modified air quality permit. As previously noted, the OSMRE incorporates by reference the air quality analysis 

from the 2020 EA, and it is not discussed further in this SEA.

Casey and Julie Voight It has become apparent that the North Dakota Public Service Commission is using “policy memos” in order 

to relax reclamation standards and requirements for replacement of suitable plant growth material, as is 

reflected in a recent complaint brought to the ND PSC by the Voigts (see Complaint of Casey and Julie Voigt 

with Exhibits in Public Service Commission Case No. RC-23-348). The use of such “policy memos” as a 

replacement for submitting and obtaining approval from OSMRE for amended regulations should not be 

tolerated.

Mining and reclamation activities would proceed as described in Section 2.4.1. of the 2020 EA (reference (1)). 

As noted in the public comment report, the 2020 EA was written with the assumption that all terms and 

conditions of the federal coal lease, as well as the NDPSC mine permits and federal mining plan, will be 

implemented as required. The NDPSC inspects the mine at least partially each month and fully each quarter to 

enforce compliance with the state mining laws. BLM also conducts inspections quarterly to enforce compliance 

with the terms and conditions of the lease. To the extent that NDPSC discovers a violation of its state mining 

laws, its enforcement program will require remedial action by the mine operator to abate the violation. In the 

event that a mine operator proposes a revision to their existing mining permit, the NDPSC would process the 

proposed revision per the requirements of SMCRA, and the proposed revision may be subject public review at 

which time members of the public could submit comments to NDPSC to address potential issues with the 

revision.

Casey and Julie Voight North Dakota is also currently attempting to authorize numerous carbon capture and sequestration projects 

that are supported by the Biden Administration, and in some cases are intended to make the burning of lignite 

and ND coal plants viable as the United States energy sector transitions away from fossil fuels. Adding 

additional federal coal reserves to a mine and plant that are not utilizing the CCS technology conflicts with 

the government’s goals in this regard. 

As noted in the SEA, the Coyote Creek Mine does not currently employ any CCUS technology, and there are no 

permit requirements to employ CCUS or reduce greenhouse gas (GHG) emissions through other means; 

therefore, GHG emissions from the Proposed Action and their contribution to cumulative GHG levels and climate 

change are unavoidable and irretrievable throughout the life of the mine. 

Under the No Action Alternative, the 5.2 million tons of federal coal described in the Proposed Action would be 

replaced on a one-to-one basis with private coal that has been previously leased to the Coyote Creek Mine. 

Mining the equivalent of 5.2 million tons of mineable non-federal coal would occur at the existing rate of 2.5 

million tons per year in other permitted areas. Coyote Station would continue to combust coal from other Coyote 

Creek Mine production areas at current rates, independent of the coal in the LBA Tracts, until 2040. Coyote 

Station would operate, as needed, independent of the coal in the LBA Tracts. Further, if the federal mining plan is 

approved as described in the Proposed Action, then the 5.2 million tons of federal coal would be mined and 

combusted, but the mine would not mine the equivalent amount of private coal at a later time because that amount 

of private coal is not needed for the mine to be able to supply Coyote Station until the current life of mine 

estimate of 2040. Therefore, the No Action Alternative would not change the estimated GHG emission rates for 

existing conditions.
Supplemental Environmental Assessment February 2024 Appendix B

Coyote Creek Mine Federal Coal Emergency Lease by Application

Commentor Comment OSMRE Response to Comment

Casey and Julie Voight It is also important to note that the Mine’s plan is subject to significant control by the Coyote Station, and the 

Voigts have previously pointed out that the coal power plant at Coyote Station and the Coyote Creek Mine 

have a lignite sales agreement that has allowed the Coyote Station power plant veto authority over any mine 

plans created by Coyote Creek Mine, such that the two entities are in fact a single source and should be 

permitted as such. Before any federal coal leases are issued based on the current mine plan, this issue should 

be considered and OSM should require the Mine plan to accurately reflect the joint operation of the power 

plant and the mine. The Lignite Sales Agreement between the Mine and the Coyote Station provides that 

“Coyote Station is [the Mine’s] only customer under an all-requirements cost-plus management fee LSA. 

Under the LSA, Coyote [Creek Mine] receives a contractually-agreed fee based on the amount of lignite 

delivered. While Coyote [Creek Mine] is responsible for all mine operations, the Coyote Station Owners are 

responsible for funding all mine operating costs and guarantee all of the capital required to build and operate 

the mine.” Additional characterizations of the LSA make it clear that the Station and the Mine are operating 

as a single source and should be treated as such in permitting decisions: 

The price and other economic assumptions used to estimate the recoverable reserves are supported by 

the existing all-requirements LSA and the life-of-mine plan associated with that contract. Compensation 

to Coyote under the LSA includes reimbursement of all mine operating costs plus a contractuallyagreed fee based on the amount of coal delivered. Coyote Station is located directly next to the Coyote 

Creek Mine (i.e. a mine-mouth operation) and 100% of the required coal to operate the Coyote Station 

is sourced from the Coyote Creek Mine.

The LSA eliminates the Coyote Creek Mine’s exposure to spot coal market price fluctuations. As a 

result of the cost-plus nature of the all-requirements LSA and the mine-mouth location of Coyote 

Station, factors such transportation costs, location and quality of competing coal reserves, and the 

ability to compete in the market are not relevant considerations in determining the economic feasibility 

and viability of the coal reserves associated with the Coyote Creek Mine.

The issues related to the power plant and mine being a single source were discussed at EPA and copies of 

some of that correspondence are included with these comments and incorporated herein by reference.

As detailed in Section 1.2.1 of the SEA, the Coyote Station is not considered a connected action to this Proposed 

Action. The Proposed Action would not change production levels at the Coyote Station or require changes to its 

current regulatory permits. If the mining plan is rejected, the Coyote Station would continue to operate and be 

supplied with coal from other Coyote Creek Mine production areas. The Coyote Station would operate, as 

needed, independent of the coal in the LBA Tracts. Although the Coyote Station is not considered a connected 

action, operating data from the power plant are included in this SEA to provide context and to assist with 

analyzing the reasonably foreseeable future action of combustion of coal sourced from the LBA Tracts. 

Furthermore, Section 3.3.1.2 of the 2020 EA (reference (1)) describes the air quality permitting requirements for 

the Coyote Creek Mine. 

Casey and Julie Voight The federal coal lease should not have been issued here and was issued on an emergency basis in violation of 

pertinent law.

As described in the comment report for the 2020 EA (reference (1)), the BLM reviewed the rules and regulations 

of an emergency lease sale (43 CFR 3425.1-4) and concluded that the CCMC LBA met the standards of an 

emergency lease sale in that 1) if the coal resources were not leased, they would have been bypassed in the 

reasonably foreseeable future, and 2) if the coal resources were leased, some portion of federal coal tracts applied 

for would be used within 3 years. BLM issued the federal coal lease NDM 110277 in November 2020.

The application for Coyote Creek Coal Company states they would like to mine the coal in T. 143 N., R 89 W., 

5th Principal Meridian Section 24: SW1⁄4, Section 26: SE1⁄4, by 2021. Under 43 CFR §3425.1-4(i) Emergency 

leasing, it states, the federal coal is needed within 3 years (A) to maintain an existing mining operation at its 

current average annual level of production on the date of application. BLM received this application on December 

13, 2017, and, therefore, this criterion is met. Also stated in the coal lease application, the applicant will bypass 

the coal if the coal lease is not issued. Under Emergency Leasing regulation §3425.1-4(ii), if the coal deposits are 

not leased, they would be bypassed in the reasonably foreseeable future, and, therefore, this criterion is met. An 

emergency coal lease is still subject to a public lease sale, including fair market value requirements, and the 

standard conditions stipulated to in a federal coal lease. The emergency lease increases the diligence requirements 

such that the operator must be mining coal on the tract within three years of lease issuance.

Casey and Julie Voight The Voigts respectfully request that the OSMRE either deny the requested approval or conduct a full 

Environmental Impact Statement prior to issuing any approvals in this matter. 

Regarding preparation of an Environmental Impact Statement (EIS), OSMRE determined that the proposed 

federal mining plan does not meet the criteria in Part 516 of the Departmental Manual Chapter 13.4 – Major 

Actions Normally Requiring an EIS. It should be noted that neither the 2020 BLM EA incorporated by reference

nor this supplemental EA identified any significant impacts that would require further analysis at the level of an 

EIS. Because the Proposed Action and No Action alternatives would produce nearly identical levels of GHG 

emissions, the Proposed Action would not have significant impacts on climate when compared to the No Action.
Supplemental Environmental Assessment February 2024 Appendix B

Coyote Creek Mine Federal Coal Emergency Lease by Application

Commentor Comment OSMRE Response to Comment

Casey and Julie Voight It has become apparent that the North Dakota Public Service Commission is using “policy memos” in order 

to relax reclamation standards and requirements for replacement of suitable plant growth material, as is 

reflected in a recent complaint brought to the ND PSC by the Voigts (see Complaint of Casey and Julie Voigt 

with Exhibits in Public Service Commission Case No. RC-23-348). The use of such “policy memos” as a 

replacement for submitting and obtaining approval from OSMRE for amended regulations should not be 

tolerated.

Mining and reclamation activities would proceed as described in Section 2.4.1. of the 2020 EA (reference (1)). 

As noted in the public comment report, the 2020 EA was written with the assumption that all terms and 

conditions of the federal coal lease, as well as the NDPSC mine permits and federal mining plan, will be 

implemented as required. The NDPSC inspects the mine at least partially each month and fully each quarter to 

enforce compliance with the state mining laws. BLM also conducts inspections quarterly to enforce compliance 

with the terms and conditions of the lease. To the extent that NDPSC discovers a violation of its state mining 

laws, its enforcement program will require remedial action by the mine operator to abate the violation. In the 

event that a mine operator proposes a revision to their existing mining permit, the NDPSC would process the 

proposed revision per the requirements of SMCRA, and the proposed revision may be subject public review at 

which time members of the public could submit comments to NDPSC to address potential issues with the 

revision.