ND Public Service Commission approves Falkirk Mining permit revision to remove nearly 500 acres, add sediment-pond designs

Bismarck — At a special meeting on April 10, 2025, the North Dakota Public Service Commission voted to approve Revision 37 to surface coal-mining permit AFK-9503, held by Falkirk Mining Company. The revision deletes 499.3 acres that the company and commission staff said had not been affected by mining or reclamation activities, adds design plans for three sedimentation ponds, and updates other operation and surface-water-management plans; the filing is identified as case RCD-25-20.

The commission’s reclamation division inspected the acreage proposed for deletion on Feb. 13 and Feb. 25 to verify the land had not been disturbed and recommended approval. “Reclamation staff recommends approval of this revision, as do I,” the presiding commissioner said during the meeting. The commission treated the application as an insignificant revision, meaning staff said no bond adjustment was necessary; the permit, staff said, does not contain any federal coal.

Commission business included a motion to approve the revision followed by a second; commissioners voted in favor and the motion carried. The deleted tracts are in McLean County, according to the permit filing.

The action updates the permit’s introductory and legal information, operation plan and surface-water-management plan, and adds design plans for three new sedimentation ponds. The commission record shows that staff verified that the listed tracts have not been disturbed by mining or reclamation operations.

The commission did not add or remove bond requirements because the revision was classified as insignificant, and no federal coal was associated with the permit, the staff recommendation stated.

The commission moved on to other agenda items after approving the permit revision.