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Public Service Commission conditionally approves Falkirk Mining permit revision NAFK-9503
Summary
The North Dakota Public Service Commission on May 23 approved a conditional revision to Falkirk Mining Company's surface coal mining permit NAFK-9503, adding mining plans on a small tract, imposing a new road-approval condition and leaving existing bond levels unchanged.
The North Dakota Public Service Commission on May 23 conditionally approved revision 3 8 to surface coal mining permit NAFK-9503 held by Falkirk Mining Company, a motion introduced at the commission's 9 a.m. special meeting.
The motion, moved by the presiding commissioner, would add mining plans on land owned by Falkirk in the east half of the northwest quarter of Section 32, Township 145 North, Range 83 West, and update the permit's introductory, legal, financial, compliance, surface and coal ownership, and operational information. The application is listed as case number R-25-77.
The commission said the revision was deemed "significant" and required public notice. Falkirk submitted affidavits showing notices ran in the McLean County Independent and the Bismarck Tribune for four consecutive weeks; the commission reported it received no objections or requests for informal conferences.
The commission did not change the permit bond. "This motion doesn't make any bond adjustment," the presiding commissioner said, adding the commission determined existing bonds for the area total "almost a $115,000,000," which the commissioner described as sufficient.
The approved order adds a special condition (condition number 4) requiring Falkirk to provide the Public Service Commission copies of road authority approval documents and written findings to close or relocate any public road and to provide approvals if mining activities will occur within 100 feet of the outside right-of-way of any public road. Those documents must be provided to the commission within 30 days of the road authority's approval date.
Reclamation-division staff completed its review and recommended approval of the revision; the commission voted in favor with no stated opposition and the motion was announced as approved. The special meeting then adjourned, and commissioners indicated they would take questions from the press.
Permit: NAFK-9503 (Falkirk Mining Company). Case number: R-25-77. Public notice publications: McLean County Independent; Bismarck Tribune. Bond amount stated by the commission: approximately $115,000,000.
