UNITED STATES

DEPARTMENT OF THE INTERIOR

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

Coteau Properties Company

204 County Road 15

Beulah, North Dakota 58523

for a mining plan modification for Federal Lease NDM 91535 at the Freedom Mine. The 

approval is subject to the following conditions. Coteau Properties Company is hereinafter 

referred to as the operator.

l. Statutes and Regulations.--This mining plan approval is issued pursuant to Federal Lease

NDM 91535; 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 a 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 Coal Lease NDM

91535 at the Freedom Mine and authorizes coal development or mining operations on the 

Federal leases within the area of mining plan approval. This authorization is valid for the 

area listed below:

Township 145 North, Range 88 West, 5th PM, Mercer County, North Dakota

Section 10 N1/2

Section 14 All

These lands encompass 960 acres and are shown on the mining plan modification area 

map attached hereto as Attachment A.

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

the complete permit application 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 the North Dakota Permit No. NACT-0201 issued under 

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

Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
5. This mining plan approval shall be binding on any person conducting coal development 

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

superseded, canceled, or withdrawn.

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

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

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

Enforcement (OSMRE). The operator shall take such actions as are required by North 

Dakota Public Service Commission in coordination with OSMRE. 

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

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

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

8. The operator shall monitor the bond ratings received by Basin Electric Power 

Cooperative from all national recognized statistical ratings organizations (NRSRO) and 

immediately notify the North Dakota Public Service Commission and OSMRE of any 

change in those bond ratings or in the rating outlook provided by a NRSRO. In addition, 

the operator shall ensure that the North Dakota Public Service Commission and OSMRE 

are provided with copies of Basin Electric Power Cooperative's quarterly financial 

statements within 45days of the end of each quarter. The Secretary retains jurisdiction to 

modify or cancel this approval if the operator no longer meets current or future selfbonding requirements.