1

UNITED STATES

DEPARTMENT OF THE INTERIOR

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

Cloud Peak Energy

P.O. Box 67

Decker, MT 59025

for a mining plan modification for Federal lease MTM-94378 at the Spring Creek Mine. This 

mining plan approval supplements all previous mining plan approvals for the Spring Creek Mine. 

The approval is subject to the following conditions. Cloud Peak Energy is hereinafter referred to 

as the operator.

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

MTM-94378; the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.); and in 

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

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

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

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

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

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

2. This document approves the mining plan modification for Federal lease MTM-94378 at the 

Spring Creek Mine and authorizes coal development or mining operations on the Federal 

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

plan area into the following Federal coal lands:

Federal Lease MTM-94378

Tract 1

Township 8 South, Range 39 East, Big Horn County, Montana

Section 13: NE 1⁄4 SW 1⁄4 40.0 acres

NW 1⁄4 SW 1⁄4 40.0 acres

SE 1⁄4 SW 1⁄4 40.0 acres

N 1⁄2 SW 1⁄4 SW 1⁄4 SW 1⁄4 20.0 acres

N 1⁄2 SE 1⁄4 SW 1⁄4 SW 1⁄4 05.0 acres

SE 1⁄4 SE 1⁄4 SW 1⁄4 SW 1⁄4 02.5 acres
2

SW 1⁄4 NW 1⁄4 NW 1⁄4 10.0 acres

SW 1⁄4 NW 1⁄4 40.0 acres

SW 1⁄4 SE 1⁄4 NW 1⁄4 10.0 acres

NW 1⁄4 NW 1⁄4 SE 1⁄4 10.0 acres

S 1⁄2 NW 1⁄4 SE 1⁄4 20.0 acres

N 1⁄2 SW 1⁄4 SE 1⁄4 20.0 acres

SW 1⁄4 SW 1⁄4 SE 1⁄4 10.0 acres

Section 14: Beginning at a point bearing S. 60° 25’ 06” E., 2,299.67 feet from sec. cor. 

of secs. 10, 11, 14 and 15 and on the N-S center line of the NE 1⁄4 NW 1⁄4 

of sec. 14 and at 528.30 feet southerly from the NE-NW 1/64 sec. cor. of 

sec. 14; thence on the exclusion boundary line, S. 90° 00’ 00” E., 317.70 

feet; thence S 55° 21’ 33” E., 1,741.06; thence N. 38° 32’ 16” E., 1,422.65 

feet to a point on the N-S center line of the NE 1⁄4 NE 1⁄4 of the said 

section; thence easterly on the E-W center line of the NE 1⁄4 NE 1⁄4 of said 

section to the N-N 1/64 sec. cor. of secs. 13 and 14; thence westerly on the 

E-W center line of the NE 1⁄4 SE 1⁄4 SE 1⁄4 of sec. 14 to the NE-SE-SE 

1/256 sec. cor. of said section; thence northerly on the N-S center line of 

the NE 1⁄4 SE 1⁄4 SE 1⁄4 of said section to the C-E-E-SE 1/256 sec. cor. of 

said section, on the E-W center line of the SE 1⁄4 of said section to the C-ESE 1/64 sec. cor. of said section; thence northerly on the N-S center line of 

the NE 1⁄4 SE 1⁄4 of said section to the C-S-SE 1/256 sec. cor. of said 

section; thence westerly on the E-W center line of the SE 1⁄4 NE 1⁄4 SE 1⁄4 of 

said section to the C-S-N-SE 1/256 sec. cor. of said section; thence 

northerly on the N-S center line of the SE 1⁄4 of said section to the C-E 

1/16 sec. cor. of said section; thence westerly on the E-W center line of 

said section; thence westerly on the E-W center line of said to the C 1⁄4 sec. 

cor. of said section; thence northerly on the N-S center line of said section 

to the C-S-N 1/64 sec. cor. of said section; thence westerly on the E-W 

center line of the S 1⁄2 of the NW 1⁄4 of said section to the SW-NW 1/64 

sec. cor. of said section; thence northerly on the N-S center line of the SW 

1⁄4 NW 1⁄4 of said section to the C-W-NW 1/64 sec. cor. of said section; 

thence easterly on the E-W center line of the NW 1⁄4 of said section to the 

C-E-NW 1/64 sec. cor. of said section; thence northerly on the N-S center 

line of the NW 1⁄4 NW 1⁄4 of said section to the point of beginning, 

containing 137.70 acres, more or less.

Section 24: N 1⁄2 NE 1⁄4 NW 1⁄4 20.0 acres
3

Tract 1 contains 425.20 acres, more or less

Tract 2 

Township 8 South, Range 39 East, Big Horn County, Montana

Section 15: W 1⁄2 SW 1⁄4 SE 1⁄4 20.0 acres

SE 1⁄4 SW 1⁄4 SE 1⁄4 10.0 acres

Section 22: NE 1⁄4 NE 1⁄4 40.0 acres

N 1⁄2 NW 1⁄4 NE 1⁄4 20.0 acres

SE 1⁄4 NW 1⁄4 NE 1⁄4 10.0 acres

E 1⁄4 NE 1⁄4 NW 1⁄4 10.0 acres

NE 1⁄4 SE 1⁄4 NE 1⁄4 10.0 acres

Section 23: SE 1⁄4 NW 1⁄4 40.0 acres

SW 1⁄4 NW 1⁄4 40.0 acres

S 1⁄2 NE 1⁄4 NW 1⁄4 20.0 acres

S 1⁄2 NW 1⁄4 NW 1⁄4 20.0 acres

SW 1⁄4 SW 1⁄4 NW 1⁄4 NE 1⁄4 02.5 acres

Tract 2 contains 242.5 acres, more or less.

Tract 3

Township 8 South, Range 39 East, Big Horn County, Montana

Section 25: SW 1⁄4 SW 1⁄4 40.0 acres

Section 26: SE 1⁄4 SE 1⁄4 40.0 acres

SW 1⁄4 SE 1⁄4 40.0 acres

S 1⁄2 NW 1⁄4 SE 1⁄4 20.0 acres

N 1⁄2 SE 1⁄4 SW 1⁄4 20.0 acres

NW 1⁄4 NW 1⁄4 NE 1⁄4 SW 1⁄4 02.5 acres

SW 1⁄4 NE 1⁄4 NE 1⁄4 SW 1⁄4 02.5 acres

S 1⁄2 NE 1⁄4 NE 1⁄4 SW 1⁄4 05.0 acres

S 1⁄2 NE 1⁄4 SW 1⁄4 20.0 acres

NW 1⁄4 SW 1⁄4 40.0 acres

Section 27: SE 1⁄2 NE 1⁄4 SE 1⁄4 10.0 acres

N 1⁄2 NE 1⁄4 SE 1⁄4 20.0 acres
4

NE 1⁄4 NW 1⁄4 SE 1⁄4 10.0 acres

E 1⁄2 SE 1⁄4 NW 1⁄4 20.0 acres

NW 1⁄4 NE 1⁄4 SW 1⁄4 NE 1⁄4 02.5 acres

S 1⁄2 SE 1⁄4 SW 1⁄4 NE 1⁄4 05.0 acres

NW 1⁄4 SW 1⁄4 NE 1⁄4 10.0 acres

S 1⁄2 SW 1⁄4 NE 1⁄4 20.0 acres

SW 1⁄4 NW 1⁄4 SE 1⁄4 NE 1⁄4 02.5 acres

S 1⁄2 SE 1⁄4 NE 1⁄4 20.0 acres

Tract 3 contains 350 acres, more or less.

Tract 4

Township 8 South, Range 40 East, Big Horn County, Montana

Section 30: SW 1⁄4 SE 1⁄4 40.0 acres

SE 1⁄4 SE 1⁄4 40.0 acres

S 1⁄2 NW 1⁄4 SE 1⁄4 20.0 acres

Tract 4 contains 100 acres, more or less.

These lands in Federal lease MTM-94378 encompass 1,117.7 acres and are found on the 

following Montana USGS 7.5 minute Quadrangle maps: Decker, Pearl School, and Half 

Moon Hill and as shown on the map appended hereto as Attachment A.

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

complete permit application package, and approved by the Montana Department of 

Environmental Quality Industrial and Energy Minerals Bureau, except as otherwise directed 

in the conditions of this mining plan approval.

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

approval, and the requirements of the Montana Permit No. C1979012 issued under the 

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

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

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

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

superseded, canceled, or withdrawn.
5

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

shall ensure that the resources are not disturbed and shall notify the Montana Department of 

Environmental Quality Industrial and Energy Minerals Bureau and the Office of Surface 

Mining Reclamation and Enforcement (OSMRE). The operator shall take such actions as are 

required by the Montana Department of Environmental Quality Industrial and Energy 

Minerals Bureau in coordination with OSMRE. 

7. Treatment of cultural resources within Surface Mining Permit C1979012 and Federal lease 

MTM-94378 is covered by an Memorandum of Agreement (MOA) developed under the 

provisions of Section 106 of the National Historic Preservation Act and pursuant regulations 

(36 CFR 800). Treatment of all cultural resources, including incidental discoveries during the 

course of mining, must be handled according to the provisions of this MOA.

8. 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 7of the 

Endangered Species Act, as amended, 16 U.S.C. 1531 et seq.
15 


TBS 

T !;',S. 

9 

16 

STATE 

21 

28 

33 

9 

,, 

o, 

"·> 

\ 10 

34 

3 

10 

STA.ff L[4.$[ 

C-TG99-00 

STAT£ 

11 

35 

2 

11 

12 

21 22 

.' 

Soulh Por/,­ Pearson Creek 

7 

R39E R40E 

LOCATION MAP 

LEGEND 

Slale or Monlana SMCRA Permit BDlrlda.ry 

Slate of t.l.oolana SMCRA Lile o\ Mine Dishsbance 

Bol.lldary revised ltvO\.gh 215 Oclober 2015. Slat& of Montana Coal Lease EkM.mdary C-1099-00 

Stale o/ Monlana Coal Leaae Boundary C-U00-00 

Stale ol MDfllen&. Coal Lell6a Boundary C-1IOH>O 

Stale ol Montana Coal Lease Bol.Xldary C-1088-05 

Fodoral Coal Lease Bour.d!lr)' MTM 069782 

Federal Coal Leaee Boundary MTM 089405 

Federal Con.I Lea9e BoundMY MTM 94378 

Fee Coal Lease 801.K1dary 

Unleased Federal Coal Lands Within 

SMCRA Mfle Permit Boundary 

Federal Mine Ple.n Area Previo~ly 

Approved for Federal Leases 

MTM--067982 and MTM-88405 

(2,6550 acres last revised 12/14/01) 

Additional Federal Mine Plan Area 

for Federal Lease MTM-94378 

(1.117.7 acres) 

Federal, Slate or Other Coal Lands 

Leased to Olher Coal Company 

Federal Surface Land Tre.cls Within 

or lnlersecling SMCAA Permit Area 

Slate Highway 

Ephemeral Slream (Nole: Some 

Streams Within SMCRA Permit 

Boundary Are Currently Di:it~bed) 

Tongue River Aeservoi" 

Soi d Minerals Ownership Key 

Federal 

Slate ol Montana 

.. Fee 

BIA 

Montano DNRC 

Said Minerals Lease Data Key 

··-·-, 

"1 =-~~ fOAL •1 LOCIC:AL MINIHi; 

(hlli/ UNIT

i____ _j 

FEDlRl>l 

Jl'CC 

/ iW 

I S[ 

.1PPUJ 

# lff'I'- 1-16744} 

COAL OWNER 

COAL LESS[[ 

L[ASC DESCRIPTION 

P.OIK,.01,llEC>DI YJ "90U 

f'HO!Eo(-11'7-LVI 

PERMIT MAP 

FEDERAL MINE PLAN MODIFICATION 

,.,__,._____, ADDINQ FED LEASE MTM-94378