UNITED STATES

DEPARTMENT OF THE INTERIOR

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

BNI Coal, Ltd.

2360 35th Street. SW 

Center, ND 58530 

for a mining plan modification for Federal Coal Lease NDM-105513 at the Center Mine, Permit 

No. BNCR-9702, Revision 42. BNI Coal, Ltd is hereinafter referred to as the operator. This 

approval is subject to the following conditions. 

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

Lease NDM-105513; 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 a mining plan modification for State Permit No. BNCR-9702, 

Federal Coal Lease NDM-105513 at the Center 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: 

Lease NDM-105513: 

Township 142 North, Range 84 West, 5th P.M. 

Section 20: NE1⁄4, E1⁄2SW1⁄4, SE1⁄4NW1⁄4, SE1⁄4NE1⁄4NW1⁄4 

This land in Federal Coal Lease NDM-105513 encompasses 287.62 acres and is found on the 

map as shown in appended attachments hereto referred as Attachment A and Attachment 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 BNCR-9702 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 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.

____________________________________ ________________

Laura Daniel-Davis Date

Principal Deputy Assistant Secretary, 

Land and Minerals Management 

The action taken herein is pursuant to an existing delegation of authority. 

Attachments: A and B 
Attachment A
Attachment B