UNITED STATES 

DEPARTMENT OF THE INTERIOR 

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

Coyote Creek Mining Company, LLC. 

6502 17th Street. SW 

Zap, ND 58580 

for a mining plan for Federal Coal Lease NDM-110277 at the Coyote Creek Mine, Permit No. 

NACC-1302, Revision 11. The approval is subject to the following conditions. Coyote Creek 

Mine, LLC is hereinafter referred to as the operator. 

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

Coal Lease NDM-110277; the Mineral Leasing Act of 1920, as amended (30 U.S.C. §

181 et seq.); and in the case of acquired lands, the Mineral Leasing Act for Acquired

Lands of 1947, as amended (30 U.S.C. § 351 et seq.). This mining plan approval is

subject to all applicable laws and regulations of the Secretary of the Interior which are

now or hereafter in force; and all such laws and regulations are made part hereof. The

operator shall comply with the provisions of the Federal Water Pollution and Control Act

(33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), and other

applicable Federal laws.

2. This document approves the new mining plan for Federal Coal Lease NDM110277 at the Coyote Creek Mine and authorizes coal development or mining operations

on the Federal lease within the area of mining approval. This authorization is for adding

Federal coal lands into an approved mining plan area:

Federal Coal Lease NDM-110277: 

Township 143 North, Range 89 West. 

SW1⁄4 Section 24: 124 acres, defined in metes and bounds as: 

An area of land located in the southwest quarter of Section 24, T143N, R89W of 

the Fifth Principal Meridian, Mercer County, North Dakota having the bearings 

and distances described as follows: 

Beginning at the West 1/4 corner of said section 24; 

thence South 89°14’25” East a distance of 254.93 feet; 

thence South 69°39’19” East a distance of 525.98 feet; 

thence North 61°15’35” East a distance of 154.05 feet; 

thence South 80°34’40” East a distance of 97.29 feet; 

thence South 17°30’43” East a distance of 83.56 feet; 

thence South 62°36’47” East a distance of 419.73 feet; 

thence South 04°11’50” West a distance of 214.72 feet; 
 

 

 

 

 

 

 

 

 

 

 

thence South 35°02’36” East a distance of 417.76 feet; 

thence South 48°58’43” East a distance of 407.84 feet; 

thence South 64°45’45” East a distance of 551.10 feet; 

thence South 62°09’50” East a distance of 216.85 feet; 

thence North 90°00’00” East a distance of 10.35 feet to a point on the south 

quarter line of said section 24; 

thence South 00°54’35” West a distance of 1,113.06 feet to the south quarter 

corner of said section 24; 

thence North 89°12’30” West a distance of 2631.90 feet to the southwest quarter 

corner of said section 24; 

thence North 00°52’00” East a distance of 2637.80 feet to the point of beginning. 

And 

SE1⁄4 Section 26 (160 acres) 

Total number of acres: 284 acres 

These lands in Federal Coal Lease NDM-110277 encompass 284 acres as shown in 

appended attachments hereto as Attachments A and B. 

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

described in the complete permit application package and approved by the North Dakota

Public Service Commission, except as otherwise directed in the conditions of this mining

plan approval.

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

plan approval, and the requirements of North Dakota Permit No. NACC-1302 issued

under the North Dakota State Program, approved pursuant to the Surface Mining Control

and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.). The Secretary retains the

authority and jurisdiction to modify or cancel this approval for failure to comply with any

of these items or other applicable laws and regulations.

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

development or mining operations under the approved mining plan and shall remain in

effect until superseded, canceled, or withdrawn.

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

operator shall ensure that the resources are not disturbed and shall notify the North

Dakota Public Service Commission and the Office of Surface Mining Reclamation and

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

Public Service Commission in coordination with the Office of Surface Mining

Reclamation and Enforcement.

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

on the basis of further consultation with the U.S. Fish and Wildlife Service pursuant to

section 7 of the Endangered Species Act, as amended, 16 U.S.C. § 1531 et seq.
 

 

 

____________________________________ 

Steven H. Feldgus 

Principal Deputy Assistant Secretary, 

Lands and Minerals Management 

Attachments A and B