Public Service Commission forwards Falkirk reclamation nomination, approves bond release for parts of Falkirk mine

The North Dakota Public Service Commission voted unanimously May 19 to forward Falkirk Mining Company’s nomination for the U.S. Office of Surface Mining Reclamation and Enforcement (OSMRE) 2025 excellence in surface coal mining reclamation awards and to approve Bond Release No. 6 for a portion of the Falkirk mine permit NAFK-9601.

The nomination forwarded to OSMRE concerns about 730 acres donated by Falkirk to the North Dakota Department of Transportation that became the Coal Lake Wildlife Management Area. The commission’s motion noted the project preserved natural and cultural resources by foregoing coal extraction in sensitive areas — including a Native American burial mound identified as the Paul Ver Mound site — and that the reclamation work exceeded the requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The commission delegated authority to the director of the reclamation division to forward the nomination to OSMRE’s Casper office.

The commission also approved Bond Release No. 6 for permit NAFK-9601, releasing reclamation liabilities on 394.2 acres in portions of Sections 30 and 31, Township 146 North, Range 81 West in McLean County. The approved reduction decreases Falkirk’s bond by $3,353,998.73 effective June 18, 2025, unless a formal hearing is requested. The commission record shows the reclaimed acres included roughly 277 acres that were mined and 117 acres that were never disturbed; mining took place from 1996 to February 2003 and initial reclamation work was completed by February 2007.

Commissioners said the reclamation division’s inspection — which included Falkirk staff and U.S. Fish and Wildlife Service staff — found topsoil and subsoil respread thicknesses verified by soil probing and that portions of the reclaimed section line were reconstructed to township-road standards to allow public travel and agricultural use. Public notice for the bond release ran in the McLean County Independent for four consecutive weeks and the commission recorded no public objections.

Commission members noted Falkirk’s prior work that converted previously required “no mow” roadside areas and praised the company and reclamation staff. The commission’s motion to forward the OSMRE nomination and the bond-release motion were both seconded and carried on voice votes with no recorded nay votes.

The commission’s actions leave a remainder of roughly $2.5 million in bond coverage for the permit’s remaining acreage; the record said the per-acre amount remaining is higher than the amount released for this tranche. The bond release was filed under application case number RC-24-346 and permit NAFK-9601.

Documents in the record list the land now managed by the North Dakota Game and Fish Department with public access for hunting and fishing. The commission noted it will allow the required 30-day period for a formal hearing request before the June 18 effective date.