FONSI-1

U.S. DEPARTMENT OF THE INTERIOR

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

FINDING OF NO SIGNIFICANT IMPACT

Center Mine

Federal Coal Lease Serial Number: NDM-105513

Federal Mining Plan – Revision 17 to Permit BNCR-9401

A. Introduction

BNI Coal, Ltd. (BNI) owns and operates the Center Mine, which is located in Oliver County, North 

Dakota, approximately 5 miles southeast of Center, North Dakota. BNI proposed a lease by 

application (LBA) for federal coal resources underlying private surface lands in Oliver County, 

North Dakota. The lease area (referred to herein as LBA Tracts; serial number NDM-105513) 

consists of approximately 630 acres of private surface lands and Federal minerals managed by the 

Bureau of Land Management (BLM) in the following locations:

• S 1⁄2 NE 1⁄4 NE 1⁄4 Section 8, Township 141N, Range 83W (20.22 acres)

• E 1⁄2 NE 1⁄4, S 1⁄4 SW 1⁄4, and SE 1⁄4 Section 14, Township 141N, Range 84W (319.27 acres)

• NE 1⁄4, E 1⁄2 SW 1⁄4, SE 1⁄4 NW 1⁄4, and SE 1⁄4 NE 1⁄4 NW 1⁄4 Section 20, Township 142N, 

Range 84W (287.62 acres)

BNI’s final LBA was submitted to the BLM on February 14, 2017. BNI currently operates the 

Center Mine under the following permits approved by the North Dakota Public Service 

Commission (PSC) Permits:

• BNCR-8106

• BNCR-8202

• BNCR-8602

• BNCR-9401

• BNCR-9702

• BNCR-1101

Among other things, BNI is proposing mining activities in LBA Tracts of the application area in 

Section 8, which is within the permit area of the Center Mine that was approved by the PSC under 

Permit BNCR-9401 

Approximately 98 percent of coal from the Center Mine is supplied to the Milton R. Young Station 

coal-fired power plant located adjacent to the northeast corner of the permit area. Minnkota Power 

Cooperative, Inc. owns and operates the Milton R. Young Station that consists of two generating 

units. BNI is under contract to supply coal to the Milton R. Young Station through 2037. The 

proposed mining plan would not change production levels at the Milton R. Young Station or 

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

Young Station would continue to operate and be supplied with coal from other Center Mine 

production areas. The Milton R. Young Station would operate, as needed, independent of the coal 

in the LBA Tracts. Although the Milton R. Young Station is not considered a connected action, 
Finding of No Significant Impact

FONSI-2

operating data from the power plant were evaluated to provide context and to assist with analyzing 

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

In accordance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et 

seq., the Office of Surface Mining Reclamation and Enforcement (OSMRE) prepared the 

accompanying BNI Coal Ltd. Federal Coal Lease-by-Application, Serial Number: NDM-105513 

supplemental environmental assessment (hereafter, the supplemental EA) to address proposed 

mining activities affecting LBA Tracts in Sections 8, 14, and 20 at the Center Mine. The 

supplemental EA details the potential social cost of greenhouse gases and potential mercury, and 

selenium deposition impacts to Federally listed threatened and endangered species that would be 

associated with the approval of the Federal mining plan, i.e., the Proposed Action Alternative, or 

selection of the No Action Alternative. The supplemental EA includes a Biological Assessment 

(BA) for Federally listed threatened and endangered species and/or critical habitat potentially 

present in the area of the LBA Tracts. The environmental consequences were analyzed, including 

the effects when combined with reasonably foreseeable future actions and environmental trends. 

The supplemental EA incorporates by reference the analyses included in the Center Mine Leaseby-Application Serial Number: NDM-105513 (hereafter 2020 BLM EA) (BLM 2020).

B. Statement of Environmental Significance of the Proposed Action

This Finding of No Significant Impact (FONSI) is issued in conjunction with OSMRE’s review of 

Revision 17 to Permit BNCR 9401, in light of the assessment of the proposed activities and impacts 

described and considered in the supplemental EA. Concurrent with this FONSI and pursuant to 30 

C.F.R. part 746, the OSMRE is recommending selection and approval of the Proposed Action as 

it pertains to Section 8 of the LBA Tracts, for the reasons described in section C, below. The 

undersigned person determined that approval of a Federal mining plan for Revision 17 that 

authorizes continuation of mining operations and recovery of the Federal coal would not have a 

significant impact on the quality of the human or natural environment under NEPA Section 

102(2)(C), 42 U.S.C. § 4332(2)(C); therefore, an environmental impact statement (EIS) is not 

required.

C. Reasons for a Finding of No Significant Impact

In response to proposed mining activities that BNI has proposed for LBA Tracts 8 and 20, as well 

as mining activities that BNI is expected to formally propose in the near future for LBA Tract 14, 

OSMRE prepared the supplemental EA to satisfy its requirements under NEPA. The supplemental 

EA evaluates the Proposed Action and No Action’s potential for direct effects to Federally listed 

threatened and endangered species and/or critical habitat, as well as indirect environmental effects

associated with greenhouse gas emissions including the social cost of greenhouse gases and 

screening-level estimate of mercury and selenium deposition (potential effects to Federally listed 

threatened and endangered species) resulting from mining the LBA Tracts. The EA was prepared

pursuant to the requirements of NEPA; the Council on Environmental Quality (CEQ), Department 

of the Interior (DOI), and the OSMRE regulations; and guidance regarding implementing NEPA. 

As part of the evaluation process, OSMRE will make a recommendation to the Assistant Secretary 

of Land and Minerals Management (ASLMM) on a new decision to approve, disapprove, or 

approve with conditions the Federal mining plan for BNCR-9401(Revision 17).
FONSI-3

OSMRE is the lead Federal agency responsible for development of this supplemental EA because, 

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and Mineral Leasing 

Act (MLA), OSMRE will prepare a mining plan decision document (MPDD) in support of its 

recommendation to the ASLMM regarding Federal mining plans or mining plan modifications to 

either approve, approve with conditions, or deny the proposed mining plan and preparation of a 

MPDD cannot be delegated to a State under SMCRA. The ASLMM will decide whether the 

mining plan is approved, approved with conditions, or disapproved. The Proposed Action would 

authorize mining of approximately 6.13 million tons of Federal coal. If the 6.13 million tons of 

Federal coal from the LBA Tracts is mined in a continuous manner, it would represent 

approximately 16 months of coal production at the Center Mine at the maximum mining rate of 

4.6 million tons per year. The projected mine life and operating plans of the Center Mine, whether 

the ASLMM approves the Federal mining plansfor the LBA Tracts or not, are anticipated to extend 

through the year 2037. Therefore, the Proposed Action is a continuation of current surface mining.

The supplemental EA also analyzed the impacts of the No Action Alternative. Under the No Action 

Alternative, OSMRE would not recommend and the ASLMM would not approve the proposed 

mining plans. However, mining would continue at the Center Mine under existing permits and coal 

would continue to be provided to the Milton R. Young Station per existing contracts.

The attached supplemental EA discloses the potential environmental effects of the Proposed 

Action and provides sufficient evidence and support for this FONSI. The supplemental EA was 

prepared by a third-party consulting firm at the direction of OSMRE. During the development of 

the supplemental EA, OSMRE independently reviewed the document to ensure compliance with 

43 C.F.R. part 46, Subpart D and all relevant provisions of CEQ regulations, and other program 

requirements. This independent review included OSMRE’s evaluation of all environmental issues 

disclosed in the supplemental EA and also those identified in comments received from the public. 

OSMRE takes full responsibility for the accuracy, scope, and the content of this document.

The undersigned has determined that, per CEQ, DOI, and OSMRE regulations and guidance, the 

public involvement requirements have been met. OSMRE conducted a 30-day public comment 

period for the supplemental EA and unsigned FONSI from January 26, 2023, to February 25, 2023.

All substantive public comments received to date have been fully considered in the supplemental 

EA and in reaching this FONSI. Appendix B of the supplemental EA includes the public comments 

received and OSMRE’s responses.

This FONSI is based on the potentially affected environment and degree of the effects of the 

Proposed Action, in accordance with 40 C.F.R. § 1501.3(b).

1. The affected area (national, regional, or local) and its resources, such as listed species and 

designated critical habitat under the Endangered Species Act:

The potential to affect threatened or endangered species as well as proposed and final designated 

critical habitat that may occur within the designated analysis areas, was evaluated by preparing a 

BA to fulfill the requirements of the U.S. Fish and Wildlife Service (FWS) under section 7(c) of 

the Endangered Species Act of 1973 (ESA). OSMRE made the following effects determinations 

to threatened and endangered species or critical habitat as a result of the Proposed Action.
Finding of No Significant Impact

FONSI-4

Species or Critical 

Habitat

Scientific Name Species 

Listing

Effect Determination

Dakota skipper Hesperia dacotae Threatened May affect, but not likely to adversely affect

Northern long-eared bat Myotis septentrionalis Threatened[1] May affect, but not likely to adversely affect

Pallid sturgeon Scaphirhynchus albus Endangered May affect, but not likely to adversely affect

Piping plover Charadrius melodus Threatened May affect, but not likely to adversely affect

Piping plover critical 

habitat

Not applicable Not 

applicable

May affect, but not likely to adversely affect

Rufa red knot Calidris canutus rufa Threatened May affect, but not likely to adversely affect

Whooping crane Grus americana Endangered May affect, but not likely to adversely affect

[1] On November 29, 2022 the FWS published a final rule to reclassify the Northern long-eared bat as endangered under the ESA. The FWS 

extended the effective date of the listing reclassification from January 30, 2023 to March 31, 2023.

The BA was submitted to the FWS on February 10, 2022, for review and concurrence. The FWS 

provided informal comments to OSMRE on April 14, 2022. OSMRE then submitted an updated 

BA to the FWS to address the FWS informal comments on January 6, 2023. The FWS concurred 

with OSMRE’s effects determinations on January 31, 2023.

2. Short- and Long-term Effects

OSMRE evaluated the possible issues in the context of reasonably foreseeable activities, including 

the combustion of the Federal coal at the Milton R. Young Station and the associated greenhouse 

gas emissions and potential deposition of mercury and selenium within 50 kilometers of the station 

(including pallid sturgeon habitat in the Missouri River and whooping crane wetland habitat).

The supplemental EA determined that disapproving the Proposed Action would not reduce global 

emissions in any meaningful way because the No Action Alternative has a very similar but not 

perfectly identical emissions profile. Under both the Proposed Action and the No Action 

Alternative, the same amount of coal is expected to be mined annually, at the same rate, until 2037

when the Center Mine is expected to close. Mining the Federal coal under the Proposed Action 

would allow BNI to pursue a more cost-effective mining sequence but is not anticipated to create 

an incentive or opportunity to mine additional coal. Any non-Federal coal not mined under the 

Proposed Action is not expected to be mined at a later time, such as after 2037 when the mine is 

slated for closure. 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 greenhouse gas emissions from the Proposed Action as compared to the No Action

Alternative would have a significant impact on climate change.

The supplemental EA analyzed the effects of mercury and selenium deposition for the Proposed 

Action, as discussed in sections 3.4.1, and 3.5.1, and determined it may affect, but is not likely to

adversely affect, the Dakota skipper, northern long-eared bat, pallid sturgeon, piping plover, rufa 

red knot and whooping crane. 

The Proposed Action is consistent with previous approvals of Federal mining plans and mining 

plan modifications that have been made in the area for several decades. No other anticipated effects 

have been identified that are scientifically controversial. Overall, there were no significant effects 

identified for the Proposed Action.
FONSI-5

3. Beneficial and Adverse Effects

Beneficial and adverse impacts of the Proposed Action are described in the attached supplemental 

EA. As compared to the No Action Alternative, the Proposed Action does not extend the life of 

the Center Mine or change the rate of mining; therefore, the overall annual amount of direct 

emissions is also not anticipated to increase from current levels with the Proposed Action. The 

Proposed Action would indirectly contribute to greenhouse gas, mercury, and selenium emissions 

through the combustion of coal at the Milton R. Young Station located adjacent to the Center Mine. 

Emissions from the burning of LBA Tracts coal would not change the total annual emissions at 

the Milton R. Young Station because that coal will be similar to coal already being delivered, 

power production will be within permitted limits, and the amount of coal produced at the BNI 

Center Mine and delivered to the station would be essentially unchanged from current production 

levels already permitted under the No Action Alternative.

The social cost of greenhouse gases emitted from the Milton R. Young Station under the Proposed 

Action is estimated to range from $129.5 million to $1.34 billion based on the Interagency 

Working Group’s (IWG) Technical Support Document: Social Cost of Carbon, Methane, and 

Nitrous Oxide: Interim Estimates under Executive Order 13990 (IWG Interim SCC Report) 

published in February 2021. The IWG Interim SCC Report updated previous guidance from 2016. 

For Federal agencies, the best currently available estimates of the social cost of greenhouse gases 

are the interim estimates of the social cost of carbon dioxide, methane, and nitrous oxide contained 

in the IWG Interim SCC Report. The estimated social cost of greenhouse gases for the Proposed 

Action are the same as estimated for the No Action Alternative because the Proposed Action does 

not increase the coal mining rate, does not require additional mining equipment, does not extend 

the Life of Mine, does not increase coal combustion by the M.R. Young Station. In other words, 

the Proposed Action does not cause an incremental increase in greenhouse gas emissions or 

potential associated social costs. Accordingly, emissions under the Proposed Action and any 

associated effects, monetized or otherwise, would not by definition produce any significant effects 

relative to the No Action Alternative. In any event, OSMRE currently lacks peer reviewed science 

or a similarly robust management tool allowing the agency to establish thresholds to determine the 

significance of quantifiable greenhouse gas emissions or social cost of an action in terms of the 

action's propensity to affect the climate, incrementally or otherwise.

That said, OSMRE acknowledges that all greenhouse gases contribute incrementally to climate 

change and cumulatively climate change significantly impacts the environment. However, 

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 greenhouse gas emissions from the 

Proposed Action would have a significant impact on climate change when compared to the No 

Action Alternative.

None of the environmental effects discussed in the supplemental EA are considered to be 

significant.
Finding of No Significant Impact

FONSI-6

4. Effects on Public Health and Safety

The 2020 BLM EA evaluated emissions and effluent limits from the Proposed Action and 

confirmed they are within approved standards, as required by state permits, thereby limiting 

potential impacts to public health. Potential risks to public health and safety would be negligible 

and would occur over limited, brief periods. After full reclamation occurs, no public health or 

safety concerns are expected.

5. Effects that Would Violate Federal, State, Tribal, or Local Law Protecting the Environment

The Proposed Action’s effects would not violate Federal, state, tribal, or local laws protecting the 

environment. The Proposed Action is consistent with applicable plans, policies, and programs. As 

described in section 1.3 of the supplemental EA, the Proposed Action is compliant with known 

Federal, state, tribal or local laws. The public, as well as state, tribal, and local stakeholders were 

given the opportunity to comment on the draft supplemental EA. OSMRE sent tribal consultation 

letters to the governments of the following 18 Native American Nations that could be affected by 

the Proposed Action, inviting the Tribes to consult on the Proposed Action. 

• Cheyenne River Sioux Tribe 

• Crow Creek Sioux Tribe 

• Crow Tribe 

• Flandreau Santee Sioux Tribe 

• Fort Belknap Indian Community

• Fort Peck Assiniboine and Sioux 

Tribes 

• Lower Brule Sioux Tribe 

• Lower Sioux Indian Community 

• Mandan, Hidatsa and Arikara Nation 

• Northern Cheyenne Tribe 

• Oglala Sioux Tribe 

• Rosebud Sioux Tribe 

• Santee Sioux Nation 

• Sisseton-Wahpeton Oyate 

• Spirit Lake Tribe 

• Standing Rock Sioux Tribe 

• Turtle Mountain Band of Chippewa 

• Yankton Sioux Tribe 

The Director of the Tribal Historic Preservation Office for the Northern Cheyenne Tribe requested 

to review the Cultural Resources Reports for the project area and OSMRE supplied the reports on 

February 10, 2022. No further comments were received from the Northern Cheyenne Tribe. The 

OSMRE received an email from the Section 106 Review contact for the Fort Peck Assiniboine and 

Sioux Tribes on February 9, 2023, asking OSMRE to resubmit the consultation letter with an 

additional addressee. Accordingly, OSMRE mailed a second letter on February 14, 2023, as 

requested in the email. No other Native American Tribes responded.

_______________________________ 04/20/2023

Marcelo Calle, Manager Date

Program Support Division

Unified Regions 5, 7, 8, 9, 10 and 11

OSMRE