The North Dakota Public Service Commission approved two permit revisions and two five‑year renewals for BNI Coal Limited’s Center Mine during its regular meeting.
The actions cover revision 19 and renewal 6 for permit BNCR‑9401 and revision 45 (including revocation of special condition No. 2) and renewal 5 for permit BNCR‑9702, extending the permits for five‑year terms and updating mining and reclamation plans.
The commission’s approval follows reviews by the reclamation division. Commissioner Randy Christman said, “The reclamation division has completed its review of the application and recommended it be approved as do I.” The public‑notice process produced affidavits of publication in the Center Republican and the Bismarck Tribune and notification to agencies, affected landowners and advisory committee members.
Why this matters: the revisions update legal, financial and operational sections of the permits — including coal removal areas, waste disposal cells and water monitoring — and adjust the “worst case” bond estimates used to secure reclamation obligations.
What the commission approved: revision 19 to BNCR‑9401 identifies the next five‑year coal removal area, updates mine maps and plans, and updates the worst‑case bond estimate. The commission also approved renewal 6 for BNCR‑9401, extending the permit term to Aug. 16, 2030. The transcript records the commission’s finding that BNI’s existing surety for BNCR‑9401 is “just over $11,400,000,” which exceeds the minimum required under the revision docket.
For a different permit area at the same Center Mine, the commission approved revocation of special condition No. 2 and approved revision 45 to BNCR‑9702. The transcript says revision 45 was submitted after BNI purchased a surface parcel that had prompted the earlier special condition; because BNI later acquired that property, staff concluded the condition was no longer necessary. Revision 45 updates post‑mine topography, reclamation schedules, groundwater and surface water management, fish and wildlife protection and the consolidated “worst case” bond estimate for the Center Mine consolidated bond area.
The commission also approved renewal 5 for BNCR‑9702, extending that permit to Aug. 2, 2030. The transcript records that BNI’s existing surety for the consolidated bond area is $49,472,000, which the commission found exceeds the recalculated minimum bond of $45,269,000.
Discussion versus decision: commissioners framed these items as staff‑reviewed, significant revision applications that met public‑notice requirements; no objections or requests for informal conference were received for BNCR‑9401, and for BNCR‑9702 the commission received comments from three advisory committee members and the North Dakota Department of Transportation but no objections. The reclamation division recommended approval of each item and the commission voted to approve each motion.
Next steps and limits: the renewals extend permit terms for five years; the transcript records agency estimates that, while renewals are five‑year authorizations, mining operations in the Center Mine may continue beyond the single five‑year term (the speaker noted anticipated mining into the 2040s for some permit areas). Any future changes to bond amounts, operations or land ownership that require permit modification would be subject to additional review and public notice.
Ending note: the commission’s approvals were voice votes during the regular meeting; no roll‑call tallies were recorded in the transcript.