Commenter Comment OSMRE Response to Comment

L. David Glatt

(North Dakota 

Department of 

Environmental Quality)

Care is to be taken during construction activity near any 

water of the state to minimize adverse effects on a water 

body. This includes minimal disturbance of stream beds 

and banks to prevent excess siltation, and the 

replacement and revegetation of any disturbed area as 

soon as possible after work has been completed. Caution 

must also be taken to prevent spills of oil and grease that 

may reach the receiving water from equipment 

maintenance, and/or the handling of fuels on the site. 

Guidelines for minimizing degradation to waterways during 

construction are attached.

Section 3.7 and Appendix D of the BLM’s 2020 EA 

(reference (1)) assesses the potential for impacts to 

water resources. Appendix B of the BLM’s 2020 EA 

(reference (1)) provides the extended Mine Plan and 

describes environmental protection measures for the 

Center Mine. BNI would implement erosion control 

measures, as needed, along stream channels to 

establish vegetation and reduce soil erosion. Once a 

stream channel has been deemed ready for reclamation, 

a professionally engineered stream reclamation plan 

would be submitted to the NDPSC for approval. Stream 

channel reclamation or reconstruction plans would be 

submitted and reviewed by the NDPSC, as well as by 

the State Water Commission and NDDEQ as members 

of the PSC’s advisory review committee. All runoff that 

would be in contact with disturbed soils would be 

controlled in sediment ponds. The water would be 

released from the ponds following testing and meeting 

compliance levels (reference (1)).

As previously noted, OSMRE incorporates by reference 

the water resources analyses from BLM’s 2020 EA, and 

they are not discussed further in this EA.

L. David Glatt

(North Dakota 

Department of 

Environmental Quality)

BNI Coal, Ltd. currently has North Dakota Pollutant 

Discharge Elimination System (NDPDES) permits to 

discharge stormwater and wastewater from its mining 

activities. Mining of the Federal coal tracts would be 

subject to the conditions of the permits in accordance with 

state rules and policies.

Comment noted. In addition, Section 3.7 and Appendix 

D of the BLM’s 2020 EA (reference (1)) assesses the 

potential for impacts to water resources. As previously 

noted, OSMRE incorporates by reference the water 

resources analyses from BLM’s 2020 EA, and they are 

not discussed further in this EA.

L. David Glatt

(North Dakota 

Department of 

Environmental Quality)

All solid waste materials must be managed and 

transported in accordance with the state's solid and 

hazardous waste rules. Appropriate efforts to reduce, 

reuse and/or recycle waste materials are strongly 

encouraged. As appropriate, segregation of inert waste 

from non-inert waste can generally reduce the cost of 

waste management. Further information on waste 

management and recycling is available from the 

department's Division of Waste Management at (701) 328-

5166.

Appendix B of the BLM’s 2020 EA (reference (1)) 

provides the extended Mine Plan and describes waste 

management for the Center Mine. BNI disposes of all 

non-coal waste in compliance with NDAC 69-05.2-19-04 

(disposal of non-coal waste). BNI is exempt from the 

Resource Conservation and Recovery Act (RCRA) (42 

U.S.C. 6901) because of their minimal use of products 

and/or recycling efforts in place for products covered by 

RCRA. As previously noted, OSMRE incorporates by 

reference the BLM’s 2020 EA; therefore, waste 

management is not discussed further in this EA.
Commenter Comment OSMRE Response to Comment

Steven Best (North 

Dakota Department of 

Water Resources)

There are no FEMA National Flood Insurance Program 

(NFIP) floodplains identified or mapped where the 

proposed project is to take place. No permit relative to the 

NFIP are likely required based on the current effective 

Flood Insurance Rate Map and State minimum standards. 

However, flood risk has been identified through the North 

Dakota Risk Assessment Mapservice and Base Level

Engineering (BLE) (ndram.dwr.nd.gov). In the absence of 

FEMA NFIP data, BLE is often considered best available 

data and is recommended to be considered in the design 

process. North Dakota has no formal NFIP permitting 

authority as all NFIP permitting decisions are considered 

by impacted NFIP participating communities, the 

community with zoning authority for the area in question. 

Please work directly with the local floodplain 

administrators of the zoning authorities impacted.

Section 3.7 and Appendix D of the BLM’s 2020 EA 

(reference (1)) assesses the potential for impacts to 

water resources. Appendix B of the BLM’s 2020 EA 

(reference (1)) provides the extended Mine Plan and 

describes environmental protection measures for the 

Center Mine. BNI would implement erosion control 

measures, as needed, along stream channels to 

establish vegetation and reduce soil erosion. Once a 

stream channel has been deemed ready for reclamation, 

a professionally engineered stream reclamation plan 

would be submitted to the NDPSC for approval. Stream 

channel reclamation or reconstruction plans would be 

submitted and reviewed by the NDPSC, as well as by 

the State Water Commission and NDDEQ as members 

of the PSC’s advisory review committee (reference (1)).

As previously noted, OSMRE incorporates by reference 

these analyses from BLM’s 2020 EA, and they are not 

discussed further in this EA.

Furthermore, OSMRE sent the Oliver County Planning 

Administrator/Director (local floodplain administrator) an 

outreach letter on January 23, 2023, but did not receive 

a response.

Steven Best (North 

Dakota Department of 

Water Resources)

In accordance with North Dakota Century Code §61-16.1-

38, any new construction or construction modifications on 

water storage impoundments, including dams or ponds,

may require a construction permit from the Department of 

Water Resources (DWR) based on the storage volume 

and hazard classification. Similarly, if any dams or ponds

are to be removed, we request that the DWR Regulatory 

Division be notified. Please contact the DWR Regulatory 

Division at 701-328-4956 if you have any questions.

Section 3.7 and Appendix D of the BLM’s 2020 EA 

(reference (1)) assesses the potential for impacts to 

water resources. Several stock water impoundments 

and dugouts would be removed by mining, and BNI 

provides adequate plans for their replacement in the 

post-mining environment (reference (1)). BNI is 

responsible for consultation with the DWR regarding any 

required permits.

As previously noted, OSMRE incorporates by reference 

these analyses from BLM’s 2020 EA, and they are not 

discussed further in this EA.
Commenter Comment OSMRE Response to Comment

Steven Best (North 

Dakota Department of 

Water Resources)

The Department of Water Resources’ (DWR) Engineering 

and Permitting Section reviewed the project location and 

determined that the project likely does not require a

surface drain permit or construction permit unless the 

project impacts sloughs, ponds, lakes (i.e., wetlands) or so 

long as Hagel Creek is not modified (i.e., deepened, 

widened, rerouted, etc.) Also, a permit may be required if 

the project will modify or impact the 4 dams (BNI Coal P20-1, P-20-2, P-20-3, Albers Dam) located within the T142 

N R84 W Section 20, or the drain (Drain Permit #2699 –

BNI COAL DRAIN) located within T141 N R83 W Section 

8. For more information on these requirements, please 

visit the Regulation & Appropriation tab on the DWR’s 

website (dwr.nd.gov) or contact the DWR’s Regulatory 

Division at 701-328-4956 or dwrregpermits@nd.gov.

Section 3.7 and Appendix D of the BLM’s 2020 EA 

(reference (1)) assesses the potential for impacts to 

water resources. The Proposed Action does not include 

direct modifications to Hagel Creek. Several stock 

water impoundments and dugouts would be removed by 

mining, and BNI provides adequate plans for their 

replacement in the post-mining environment (reference 

(1)). BNI is responsible for consultation with the DWR 

regarding any required permits.

As previously noted, OSMRE incorporates by reference

these analyses from BLM’s 2020 EA, and they are not 

discussed further in this EA.

Steven Best (North 

Dakota Department of 

Water Resources)

Initial review indicates the project does not require a 

conditional or temporary permit for water appropriation. 

However, if surface water or groundwater will be diverted 

for construction of the project, a water permit will be 

required per North Dakota Century Code § 61-04-02. 

Please consult with the Department of Water Resources 

Water Appropriation Division if you have any questions at 

701-328-2754 or appropinfo@nd.gov.

Section 3.7 and Appendix D of the BLM’s 2020 EA 

(reference (1)) assesses the potential for impacts to 

water resources. BNI has a North Dakota State Water 

Commission Conditional Water Permit (No. 3973) for 

160 acre-feet of water that is identified for industrial 

water use (reference (1)). 

As previously noted, OSMRE incorporates by reference 

these analyses from BLM’s 2020 EA, and they are not 

discussed further in this EA.

Steven Best (North 

Dakota Department of 

Water Resources)

The Department of Water Resources maintains a network 

of observation wells across the state for monitoring the 

water levels and quality in glacial and bedrock aquifers.

These wells are often installed in road and highway rightsof-way to limit inconvenience to the adjacent landowners. 

Department of Water Resources observation wells have a

yellow protective casing extending between 1 and 3 feet 

above ground surface, and their locations are marked with 

a stake. If an observation well is encountered during 

project activities and must be removed, please contact the 

Water Appropriation Division. The Department of Water 

Resources hopes to keep all observation wells, but 

otherwise will ensure the well is properly abandoned.

Comment noted, BNI is responsible for consultation with 

the Department of Water Resources regarding potential 

impacts to observation wells. Section 3.7 and Appendix 

D of the BLM’s 2020 EA (reference (1)) assesses the 

potential for impacts to water resources. As previously 

noted, OSMRE incorporates by reference these 

analyses from BLM’s 2020 EA, and they are not 

discussed further in this EA.
Commenter Comment OSMRE Response to Comment

Steven Best (North 

Dakota Department of 

Water Resources)

In section 1.5.2 (Outreach), the incorrect year is listed. It 

should be 2023 rather than 2026.

This typographical error has been corrected.

Chad Orn (North 

Dakota Department of 

Transportation)

This project should have no adverse effect on the North 

Dakota Department of Transportation highways.

However, if because of this project any work needs to be 

done on highway right of way, appropriate permits and risk 

management will need to be obtained from the 

Department of Transportation District Engineer, Larry 

Gangle at 701-328-6955

Comment noted. BNI is responsible for consultation with 

the Department of transportation regarding potential 

work within highway rights of way. 

As previously noted, the BLM’s 2020 EA (reference (1)) 

eliminated transportation from further analysis. OSMRE 

incorporates the BLM’s 2020 EA by reference.

Dennis Barnhart Dennis Barnhart contacted OSMRE via telephone on 

January 31, 2023. He said he had questions but was able 

to resolve them on his own. He lives by the Center Mine 

and has no project concerns. He also said he also spoke 

to BNI representatives. Lastly, he asked that OSMRE 

contact his sister-in-law Marylynn Barnhart because she 

also had questions. 

Comment noted. OSMRE attempted to contact Marylynn 

Barnhart but did not receive a return phone call.

Sharon and George 

Bullinger

Sharon Bullinger contacted OSMRE via telephone on 

January 31, 2023. 

OSMRE returned the telephone call and spoke with 

George Bullinger. He has rights to coal near the Center 

Mine and he wanted to know if this action meant that the 

mine was interested in leasing his coal. OSRME

explained that this action only covered already leased 

federal coal. He appreciated the clarification and had no 

further comment.