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This is a text-only version of the document "South Heart - Lignite Mine Application - Head Matters - 2010". To see the original version of the document click here.
COMPLETENESS REVIEW RESPONSES FOR PERMIT APPLICATION NO. SHSH-1001
Section 1.0 – Introductory, Legal, Financial, Compliance and Related Information 1. The application form, SFN 10522, in Appendix 1.1.1 requests authorization to engage in surface coal mining and reclamation operations from July 2014 until July 2043. NDCC 38-14.1-12 and NDAC 69-05.2-05-08 (3) limit surface coal mining permits to a period not to exceed five years. However, this provision authorizes the Commission to grant a longer permit term if the applicant demonstrates that a longer term is needed to allow the applicant to obtain necessary financing for equipment and the opening of the operations, and this need is verified, in writing, by the applicant’s proposed financing source, and the application is accurate and complete for the longer period. Please revise the permit term on the permit application form to a 5-year permit term to meet the requirements of NDCC 38-14.1-12 and NDAC 69-05.2-05-08 (3) or provide the necessary demonstration for a longer period term. (GAW & SAS) The first page of the application form, in Appendix 1.1-1 has been revised to reflect a 5-year permit term and the correct application filing date. Section 1.2.4 – Newspaper Publication Notice 2. The ownership listing for Section 23 is confusing as it is included with the listing for the N½ of Section 22 under the heading Section 22 (both tracts have the same surface and coal ownership). Please revise the notice to more clearly show that a tract in Section 23 is being permitted. (JRD) Appendix 1.2-3 has been revised to split Section 23 into its own entry. 3. The last ownership tracts listed in the notice are for the NE½ and NW½ of Section 34. These should be corrected to the NE¼ and NW¼ of Section 34. (SAS, GAW, & DKM) Appendix 1.2-3 has been revised to correct this typographical error. 4. The notice lists Linda L. Yoder as a coal owner in Section 22 but she is not listed along with the other owners for Tract IDs C-1399822-B and C-1399822-C. Please review and correct as necessary. (SAS) Appendix 1.3-2 has been revised to include Linda L. Yoder as a coal owner for tracts C-1399822-B and C-1399822-C. 5. The Title ID for Tract C-1399828-A shows that LaVone G. Johnson (with Richard) and Mary Ann Johnson (with Robert) also signed the coal leases. It appears that they should also be listed as coal owners for the tract located in the NE¼ of Section 28. Currently they are not shown as coal owners in the listing in Appendix 1.3-2 or the notice. Please explain or correct as necessary. (SAS) The title for this parcel lists Richard Johnson and Robert Johnson as the sole owners but it is normal procedure to have spouses sign this type of a lease to prevent the need for a future affidavit of Non-Homestead if the ownership is challenged. The title report for this tract has been updated with this explanation.

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6. The notice indicates that an overpass will be constructed on 122nd Avenue prior to 2038 and that this will not be removed. Please delete the language that states that the overpass will stay in place and not be removed post-mining. At this time it is not certain if the overpass will be allowed to remain as a permanent feature. That decision will be made once the structure is no longer needed. (MDB/GAW) This language has been removed from Appendix 1.2-3. 7. The discussion regarding conducting mining operations within 100’ of the outside right-ofway and road closures in the notice and Section 1.5.5 is very confusing and needs to be clarified. Only road closures are included in this discussion and there is no mention of conducting mining operations within 100’ of the outside right-of-way of any public roads as required by NDAC 69-05.2-10-01(1)(d). If mining will be conducted within 100’ of the outside right-of-way but the road will not be closed, then this will need to be indicated in the notice and Section 1.5.5. It is suggested that a tabular listing be provided of all of the roads and section lines that will be closed and a separate listing of the roads and section line trails in which mining operations will be conducted within 100’ of the outside-right-ofway. The status of each affected road (county road, section line trail, etc.) should also be identified. It is also recommended that roads and section lines be described as common to two sections (e.g., a section line common to Sections 16 and 21 or a county road common to the south half of Sections 27 and 28). The description of an “east-west road bisecting Section 20 at the mid-line of the section” (20) is very confusing. Please clarify this description. Additional items related to road closures and mining within 100’ of the outside right-of-way are discussed below in more detail. (DKM/GAW) • The east-west road bisecting Section 20 at the mid-line of the section is not shown on Figures 1.2-1 or 3.5-11b. It is not clear where this road is located based on the narrative description of the road in the public notice, nor is it clear if this is a public road. The paragraph on page 7 of the notice discusses connecting this road with a new road and improving approximately 4,000 feet of existing road located in the middle and southern portions of Section 20. This is very confusing since these roads are not shown on Figure 1.2-1. Furthermore, the notice states that the east-west road located along the south section line of Section 20 will be closed, but this road is not shown on Figures 1.2-1or 3.5-11b. A clear distinction between public roads, private roads, and unimproved section line rights-of-way needs to be made when describing the road in and around Section 20. (GAW) Figure 3.5-11b identifies a road that will be removed between Sections 21 and 22 that then diagonally crosses the N½ of Section 27 but this road is not shown on Figure 1.2-1. That portion of this road located beyond the section line right-of-way should not be considered a public road unless the county has an easement for the road. Please review and clarify as necessary. (GAW) The notice states that the north-south road located along the southern portion of the west section line of Section 27 and the north-south road located along the northern portion of the west section line of Section 27 will be closed. This is confusing. It appears that the southern portion of the section line is an improved section line road while the northern portion is simply a section line right-of-way. Please clarify. (GAW)

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The notice does not mention closing the section line right-of-ways located between Sections 15 and 16, Sections 16 and 17, Sections 21 and 22, Sections 21 and 28 and it is not clear if all of the section lines between Sections 27 and 28 and Sections 22 and 27 are being closed. Please review and revise the notice as necessary. (GAW) The final sentence of the last paragraph on page 7 of the notice is confusing. It is not clear what is meant by improving approximately 1,000 feet of the section line road along both the northern and southern portions of Sections 33 and 34. Preceding statements indicate that a new road will be constructed along the south section lines of Sections 33 and 34 and that the north section line will be closed. (GAW) Page 8 of the notice identifies five roads that will be closed prior to the beginning of mine construction through life of mine. However, the notice (pages 6 and 7) already states that all but one of these roads will be closed. Please edit for clarity. (GAW)

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Section 1.5.5 and Section 3.5, Appendix 1.2-3 and Figure 3.5-11b have been revised to clarify the section line right of way and road impacts. Figure 3.5-11c has been removed. 8. Please show the section lines and section numbers on the newspaper publication map, Figure 1.2-1. The map that accompanies the newspaper notice (Figure 1.2-1) must be enlarged to adequately show the proposed permit area in adequate detail. NDAC 69-05.210-01(1)(b)(2) (DKM & GAW) Figure 1.2-1 has been revised to address this comment. Section 1.3 – Business Information, Identification of Interests and Rights of Entry 9. Please include the names and addresses of the principles, officers and registered agent of all surface and coal owners that are not sole proprietors as required by NDCC 38-14.1-14 (1)(c)(6). Great Northern Properties Limited Partnership and PHP LLP are listed as coal owners so this information must be provided for these coal owners. Please update Section 1.3.5, Permit Area Surface and Coal Interest accordingly. (GAW) For coal parcels owned by Great Northern Properties LP, the title reports have been revised to include the necessary names and addresses of the principles, officers and registered agent. The links to the title reports for coal ownership are presented in Appendix 1.3-2. PHP, LLP has been dissolved and the parcels have returned to their previous ownership. This change has been made in Appendix 1.3-2 and the linked title reports. Although not specifically commented on in the completeness review, Table 1.3-1 has been revised to reflect a change in ownership and control information. Section 2.1 – Cultural Although not specifically commented on in the completeness review, Figure 2.1-2 was modified from the original permit application to revise the disturbance boundary.

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Revision 1 Section 2.2 – Climate

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No comments were received on Section 2.2 – Climate in the completeness review; however the section was modified from the original permit application to incorporate data gathered at the site and to address other editorial changes. • • Section 2.2 text was modified to reflect additional data collected through the end of calendar year 2009. The following tables were updated to reflect additional data collected through the end of calendar year 2009:

○ Table 2.2-1 ○ Table 2.2-2 ○ Table 2.2-3 ○ Table 2.2-4 ○ Table 2.2.5 ○ Table 2.2-6 ○ Table 2.2-7 ○ Table 2.2-8
• • • • Table 2.2-9 and Table 2.2-10 were deleted and data included in Table 2.2-7 and Table 2.2-8 Figure 2.2-2 was updated to reflect additional data collected through the end of calendar year 2009 Figure 2.2-3 was deleted since data are presented in other tables and figures Figure 2.2-4 was changed to Figure 2.2-3

Section 2.3 – Geology 10. There appears to be a gap in overburden sampling locations for areas within the N½ of Section 16, T139N, R98W. Please provide the required information in applicable sections of the permit as well as in Figure 2.3-17A or provide justification in the permit for the apparent data gap. It appears that an additional two sampling locations within the described area is necessary to meet the requirements of NDAC 69-05.2-08-05(2). (BEB) Two additional rotary boreholes were drilled in accordance with NDAC 69-05.2-08 in the north half of Section 16, T139N, R98W. Section 2.3 text was modified to reflect the additional data collected The following tables, figures and appendices were updated to reflect the additional data collected: • • Table 2.3-4 Table 2.3-5

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Revision 1 • • • • • • • • • • • • • • • • • • • • • • • • • • • • Table 2.3-7 Table 2.3-9 Table 2.3-16 Table 2.3-21 Figure 2.3-1 Figure 2.3-4 Figure 2.3-5 Figure 2.3-6 Figure 2.3-7 Figure 2.3-8 Figure 2.3-9 Figure 2.3-10 Figure 2.3-11 Figure 2.3-12 Figure 2.3-13 Figure 2.3-14 Figure 2.3-17A Figure 2.3-19 Figure 2.3-20 Figure 2.3-21 Figure 2.3-23 Figure 2.3-24 Appendix 2.3-6 Appendix 2.3-9 Appendix 2.3-14 Appendix 2.3-16 Appendix 2.3-17 Appendix 2.3-20

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Section 2.4 - Soil Resources 11. In order to help in the review of the soils report, please insert the soil map unit legend shown on the soil survey maps as a separate table in Section 2.4. It is currently only shown as part of Table 2.4-4 Soil Map Unit Descriptions. (WTG) Soil map unit descriptions are listed in Table 2.4-5. 12. Please provide copies as an appendix to Section 2.4 of the laboratory analysis reports conducted for the soil survey that are summarized in Table 2.4-2 in Section 2.4.5.1.

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Please reference and hyperlink the appendix in Section 2.4.5.1 - Laboratory Results on page 12. (WTG) Appendix 2.4-1 was added to include laboratory analysis reports and hyperlinks were added in Section 2.4.5.1 of the text as requested. 13. Laboratory data summaries for the Flasher and Janesburg series are absent from Table 2.4-2 in Section 2.4.5.1, and there is no notation on the pedon description that the pedon was not sampled. Please include the laboratory data in Table 2.4-2, or explain why it is absent. (WTG) Janesburg Series Catena originally sampled several sites expected to be classified as the Janesburg series. However, laboratory testing concluded that the profiles did not exhibit natric horizons, requiring the profiles to be reclassified as Moreau. When the survey was completed, none of the analyzed profiles were confirmed as Janesburg and map units dominated by Janesburg were found to encompass less than 0.5 percent of the Permit Area. As specified in the scope of work for the soil survey, “…where reclassification based on laboratory results does affect the final distribution of samples between series, this will be noted in the final report and additional samples will not be collected.” The third paragraph of Section 2.4.4.5 and the series description of Janesburg in the report text both include mention of the reclassification of soils due to the absence of natric horizons. The pedon description provided for Janesburg in Appendix 2.4-1 is actually a taxadjunct. During preparation of the lab report, this profile was inadvertently grouped with other reclassified Janesburg profiles under the Moreau series heading. Table 2.4-2 and Table 2.4-6 have been updated to identify this site as a Janesburg taxajunct for consistency. A sentence has been added to the Janesburg series description further noting that no samples were collected from a typical pedon for this series. Flasher Series The flasher series was found to occur to a very limited extent with map units comprising approximately 1.2% of the area within the Permit Boundary. Physical characteristics including sandy texture and shallow depth to bedrock made identification and delineation of the series very easy relative to other map units. Similarly, the analytical results from samples collected from other well drained, sandy soils (i.e., Vebar and Parshall) concluded that the depth to bedrock and differences between topsoil and subsoil horizons were the primary factors affecting salvage. The ease of distinguishing the separation between the topsoil and subsoil horizons, ease of identifying the bedrock contact as the lower limit of salvage, shallow depth of available materials, and limited extent of the series within the Permit Boundary were all factors in the decision to not sample this series. Catena believes that this is consistent with the SOW which stated that “…soils with very limited distribution will not be sampled unless they are suspected to have limitations for use in notable contrast to surrounding soils.” Additional notation has been added to the text of Section 2.4.5.2 and the profile description in Appendix 2.4.1. 14. Please insert a page at the beginning of Appendix 2.4-1 Typical Soil Series Pedon Descriptions in Section 2.4.5.2 that provides an explanation for abbreviations. Several of

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the column headings are abbreviated (percent clay, coarse fragments, effervescence, and visible salts) and they may not be clear to someone unfamiliar with soil descriptions. Rather than changing column headings for each page in the appendix, however, we suggest that the explanation page provide a one-line descriptor of each column heading: for example, Roots - presence or absence. Please also provide an explanation for the following abbreviations used for horizon descriptions: roots, texture, structure, effervescence, and visible salts. (WTG) A cover page was added to Appendix 2.4-2 (formerly Appendix 2.4-1) to include an explanation of abbreviations as requested. Section 2.5 – Ground Water Hydrology 15. As available, please incorporate the construction summary details and charts for ground water monitoring (observation) wells SHO-01, SHO-02, SHO-03, SHO-04, and SHO-05 into Appendix 2.5-1, lithologic logs of the described wells into Appendix 2.5-2, and geophysical logs of the described wells into Appendix 2.5-3 as required by NDAC 69-05.208-06 (1)(d). (BEB) Observation wells SHO-01, -02, -03, -04, and -05 were installed as part of a previous investigation at the site. Well construction and lithologic information from well driller reports for these wells is provided in Appendix 2.5-1 and Appendix 2.5-2, respectively. Geophysical logs at each well cluster are provided in Appendix 2.3-16. A link to this appendix and a brief description has been added to Section 2.5. 16. As required by NDAC 69-05.2-08-06(1)(d), please incorporate geophysical logs for the SHMW-01, 09, 11, 14, and 15 series of ground water monitoring wells into Appendix 2.5-3 or provide the rationale for not including this information in the permit. Several of the described wells are screened in alluvium, although a couple of the wells are screened in overburden as well as in the D Coal seam. (BEB) NDAC 69-05.2-08-06(1)(d) indicates that accompanying data should [emphasis added] include lithologic and geophysical (gamma ray and density) logs. The SHMW-01, -09, -11, 14, and -15 series of monitoring wells are shallow completions installed adjacent to stream channels to evaluate the interaction of surface and ground water as part of hydrogeologic and alluvial valley floor investigations. In order to facilitate accurate description of the hydrogeologic material and installation of shallow wells, boreholes were advanced using hollow stem augers and continuous samples were collected with split spoon sampler. Gamma ray and density geophysical logs would provide little to no additional information given the purpose of the wells and the detailed hydrogeologic description provided by the logging technique. Geophysical logs were not collected in these holes due to the limited utility of these data in evaluating the shallow hydrogeologic conditions. NDAC 69-05.2-0806(1)(d) states that groundwater data points to which geophysical data should accompany should be at a density of one piezometer nest per four square miles. As presented in Section 2.5, there are 16 well nests in the Permit Area resulting in an approximate density of greater than one piezometer nest per one square mile. Geophysical logs are provided for all well series except for SHMW-01, -09, -11, -14, and -15. SHC believes it has complied with the applicable requirements for piezometer nest density and hopes, with this explanation, the PSC agrees.

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Although not specifically commented on in the completeness review, Section 2.5 was modified from the original permit application to incorporate additional data gathered at the site and to address other editorial changes. • • Section 2.5 was modified to reflect additional data through the end of calendar year 2009. The following tables, figures, an appendices were modified to reflect additional data through the end of calendar year 2009:

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Table 2.5-5 Figure 2.5-3 Figure 2.5-4 Figure 2.5-5 Appendix 2.5-6 Appendix 2.5-4

Section 2.6 – Surface Water Information 17. As required by NDAC 69-05.2-08-04(1), please provide a description in Section 2.6.2 of all stock ponds and reservoirs (impoundments or excavations) within the permit boundary. We recommend this be done in a table format that lists the designation, location, use, date surveyed, type, water sampling date (if sampled), spillway or embankment condition, estimated pool size, conditions, features, and whether or not it will be disturbed. Additional documentation could include a photograph of each pond with documentation of designation and date. (WTG) Table 2.6-4 has been added and provides a listing of identified stock ponds and reservoirs within the permit boundary. Water quality data, including dates of sampling or attempted sampling are provided in Appendix 2.6-4. 18. As required by NDAC 69-05.2-08-04, please describe in Section 2.6.5 - Surface Water Probable Hydrologic Consequences, what impact the operation will have on surface water availability, particularly with respect to stock ponds and other developed water resources. If necessary, provide information on the availability and suitability of alternate water sources for existing pre-mining and approved post-mining land uses. (WTG) Section 2.6.5.5 has been added to describe impacts of mining and reclamation on stock ponds. 19. The hyperlink to Table 2.6-18 on page 22 in Section 2.6.5.1 does not appear to function. Please correct as necessary. (WTG) The hyperlink to Table 2.6-18 has been repaired. Although not specifically commented on in the completeness review, Section 2.6 was modified from the original permit application to incorporate additional data gathered at the site and to address other editorial changes. • Section 2.6 text was modified to reflect additional data through the end of calendar year 2009.

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• Table 2.6-4 was modified as described above in response to Comment 17. • Table 2.6-5 was incorrect in the original permit application. The table has been renamed to Stream Gage and Catchment Information. • Table 2.6-11 was deleted as this information is now included in Table 2.6-5. • Table 2.6-12 was renumbered to Table 2.6-11 • Table 2.6-13 was renumbered to Table 2.6-12 • Table 2.6-14 was deleted • Table 2.6-15 was renumber to Table 2.6-13 • Table 2.6-14 was added as a new table • Table 2.6-16 was renumbered to Table 2.6-15 • Table 2.6-17 was renumbered to Table 2.6-16 • Table 2.6-18 was renumbered to Table 2.6-17 • Table 2.6-19 was renumbered to Table 2.6-18 • Table 2.6-20 was renumbered to Table 2.6-19 Section 2.7.1 – Land Use Although not specifically commented on in the completeness review, Appendix 2.7.1-1 and Appendix 2.7.1-2 were modified from the original permit application to change the landowner name from PHP, LLP to Peters, Mary Louise et al. Section 2.7.2 – Vegetation Although not specifically commented on in the completeness review, Table 2.7.2-3, Table 2.7.2-6 and Table 2.7.2-9 were modified from the original permit application to change the landowner name from PHP, LLP to Peters, Mary Louise et al. Section 2.10 – Wetlands 20. Please consider the use of bookmarks in Appendix D and E of Section 2.10-1 so reviewers can find a field data form or photo of a wetland sample plot without scrolling through 160 pages in Appendix D and 40 pages in Appendix E. (GAW) Bookmarks were added to Appendix D and Appendix E as requested. Although not specifically commented on in the completeness review, the following tables and figures were modified from the original permit application to change the landowner name from PHP, LLP to Peters, Mary Louise et al and to revise the disturbance boundary. • Appendix 2.10-1: Table 2.3-1, Figure 2-1, Exhibit 1A, Exhibit 1B, and Exhibit 1C

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Revision 1 Section 3.0 – Operations Plan

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21. As required by NDCC 38.14.1-14(2)(c), please include a narrative in Section 3.0, Operations, that discusses the consideration that has been given to maximizing the utilization and conservation of the coal being recovered so that re-affecting in the future can be minimized. (GAW) Section 3.1.2.6 now reads; “During development of the mine plan, significant consideration was giving to maximizing the utilization and conservation of the lignite being recovered in the Permit Area so that re-affecting the land in the future can be minimized. The same consideration was given to maximizing the recovery of the lignite in the Permit Area in order to minimize total land disturbance. To ensure that lignite recovery will be maximized, the following procedures will be followed:” 22. On Figure 3.1-1, Pit Layout and Facilities Map, please indicate where the coal crushing facility and coal stockpile is to be located and address water management for these structures as necessary. NDAC 69-05.2-09-01(3)&(4) (MSK/MDB The coal crushing facility and coal stockpile will be located at the “Plant Facilities.” Hence, there is no coal crushing facility or coal stockpile located within the Permit Area. Figure 3.1-1 has been updated to show associated water management plan structures. 23. Please reference an existing or new figure on page 8 in Section 3.1.2.3 - Topsoil Removal, where the land ownership parcels listed in Table 3.1-5 are shown. Please also reference the figure as a footnote to Table 3.1-5. (WTG) Text has been added in Section 3.1.2-3 to include a reference to Figure 1.3-2 as requested. Table 3.1-5 has been revised to add a note referencing Figure 1.3.2. 24. In Section 3.3.4, Blasting Plan - Notices, the ND Public Service Commission should also be listed as one of the government agencies that receives the blast notice schedule. (MDB) In Section 3.3-4, the North Dakota Public Service Commission (PSC) has been added to the list of government agencies who receive a blasting schedule notice as requested. 25. Please update Section 3.4, Air Quality Control Plan, to discuss compliance with NDAC 6905.2-09-02(10) which requires a map showing any air pollution collection and control facility. We realize that air pollution collection and control facility sites may not be required by the ND Department of Health Air Quality Permit-to-Construct, but the issue should be discussed and if collection and control facilities are to be constructed, they should be shown on an appropriate map. (GAW) The following text has been added to Section 3.4 to address this comment: • NDAC 69-05.2-09-02(10) requires that an application for a permit to open and operate a surface coal mine include maps showing specific features of the mine including each air pollution collection and control facility. SHC understands the term "air pollution collection and control facility" to refer to a stationary air pollution control device such as

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a baghouse or scrubber. As required by NDAC 69-05.2-09-02(10), the locations of such stationary pollution control devices could readily be reflected on a map. • However, as described above, no discrete air pollution collection and control facilities are proposed for the SHLM. That is because the mining activities proposed in this permit application are conducted with mobile equipment ill suited to the application of stationary air pollution collection and control facilities as SHC understands that term. Instead, as described above, SHC proposes air pollution control measures (e.g., minimization of material drop heights) and practices (e.g., application of water) to reduce emissions to the atmosphere from the proposed mining activities. Therefore, because SHC proposes no air pollution control and collection facilities none are reflected on the maps provided as part of this application. SHC will apply to the North Dakota Department of Health for the required air qualityrelated permit-to-construct in which SHC will propose the air pollution control measures and practices described here.

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26. Please include detailed designs for the South Branch Heart River Bridge which is projected to be constructed prior to 2014. Currently the permit application contains conceptual design and limited information regarding the bridge, but is shown as part of the haul road profile. If the designs are not finalized at this time, the haul road design should not include the bridge at this time. The bridge must meet the requirements of NDAC 6905.2-24-03(5)(b). (MDB) A design of the concrete arch bridge has been prepared and included in the Application. Section 3.5.1.2 has been revised to describe the design, which demonstrates that the structure can safely accommodate the peak flow from a 100-year event. A hydraulic design of the concrete arch bridge and HEC-RAS analysis has been developed from the available 2-foot contour map for the bridge location. The hydraulic design of the bridge and HEC-RAS analysis and cross-sections can be seen in Figure 3.5-13 and Figure 3.5-14. As explained in the revised section, the hydraulic analysis based on the two foot topographic map provides upper bound estimates of water surface elevations because the topographic surface does not delineate the full extent of channel incision. A detailed survey of the area and soil sampling of foundation materials will be completed prior to preparation of construction designs and construction of the bridge. The bridge will be engineered and constructed to support the loads of the mining equipment. The construction designs will be submitted for approval prior to construction of the bridge. 27. Please include a brief discussion of the overpass that is to be constructed over County Road 122 between the SW¼ of Section 23 and SE¼ of Section 22 and either include design plans for this overpass or indicate that such plans will be included in the permit by revision prior to construction. Please indicate the approximate time period for its construction and why it will be needed. This overpass is briefly mentioned in a narrative on page 29 of Section 3.5.1.4. (GAW) Section 3.5.1.4 has been revised to state “The overpass is being constructed to allow safe access for mine traffic to portions of the mine on the both sides of 122nd Avenue. The overpass will allow mine traffic (haul trucks, mine vehicles, mobile equipment, etc.) to pass under 122nd Avenue. Detailed design and construction plans for the planned overpass

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will be provided to the Stark County Road Superintendent and to the PSC as a permit revision prior to any construction. SHC will conduct detailed soil, traffic, and geotechnical studies to support design of the overpass and the detailed design plans will be certified by a professional engineer prior to submission to the Stark County Highway Superintendent and the PSC for approval.” 28. Please include the watersheds for CVT70+51 and CVT55+75 on Figures 3.6-2 and 3.6-3 as well as detailed design plans and calculations for the diversions flowing into CVT70+51 to show the culvert is capable of handling the flows required by NDAC 69-05.2-24-03(5). (MDB) The watersheds that drain to culverts CVT70+51 and CVT55+75 are too large to show on Figure 3.6-2 and Figure 3.6-3. The watersheds are delineated on Figure 3.6-1. SEDCAD flow modeling and culvert design calculations are located in Appendix 3.6-2. This Appendix has been updated to include design flows and calculations for culvert CVT70+51 and well as the design calculations for the West Tributary Diversion segments DD-2 and DD-3 that flow into CVT70+51. The West Tributary Diversion segments DD-1, DD-2 and DD-3 are shown on Figure 3.6-1. 29. In Section 3.6.1, Surface Water Management Plan, please add a statement that detailed water plans for the Pit 2 sequence, including re-routing of the West Tributary will be provided later as allowed by NDAC 69-05.2-09-09(1)(e). However, preliminary plans for this diversion need to be discussed at this time. (MSK/GAW) Changes have been made in Section 3.6-1 to address this comment. The temporary diversions that will be constructed in later permit terms are shown in Figure 3.6-1. Design calculations for the diversion segments DD-1, DD-2 and DD-3 for the West Tributary are included in Appendix 3.6.2 in the sections titled “CVT 70+51 and DD-2, DD-3 of West Tributary Diversion” and “CVT 55+75 and West Tributary Diversion DD-1”. 30. Please label the contour elevations on all of the Water Management Maps, Figures 3.6-1 through 3.6-9; and, update the legend to show the map scale at an established printed page size. (GAW) Contour elevations have been added to the Water Management maps. This includes Figure 3.6-1, Figure 3.6-2, Figure 3.6-3, Figure 3.6-4, Figure 3.6-5, Figure 3.6-6, Figure 3.6-7, and Figure 3.6-8. Although not specifically commented on in the completeness review, the following modifications from the original permit application were made as described below: • • • Figure 3.1-1 has been updated to show the new mine facilities location, associated water management plan structures, and updated disturbance boundary. Figure 3.1-2, Figure 3.3-1 and Figure 3.5-6 have been updated to show the new mine facilities location. Figure 3.1-5a, Figure 3.1-5b, Figure 3.1-5c, Figure 3.1-5d and Figure 3.5-12 have been updated to show the new mine facilities location and water management plan control features.h

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Section 3.5.1.3 text has been updated to include directions to the new mine facilities location. Figure 3.5-4 has been removed because the access road is no longer needed (this figure number will be kept as a place holder). Figure 3.6-8 has been removed due to the revised facilities location. Figure 3.6-9 has been renumbered to Figure 3.6-8.

Section 4.1 – Reclamation Plan 31. The overburden quality sample data for borehole SHOB-11R appears to be absent from Table 4.1-1 in Section 4.1.1.1, Topsoil and Subsoil Removal, while the sample data for borehole SHOB-120R appears to be listed twice, although the data presented on page 8 differs from data presented on page 19. Please review and correct as necessary. (WTG) Table 4.1-1 has been revised. SHOB-120R was listed twice in the table; the first occurrence was mislabeled and should have read SHOB-11R. 32. It appears that much of the methodology used to calculate the worst case bond in Appendix 4.1-1 (Worst Case Bond) does not follow the guidance provided in Policy Memo 16 to Mine Operators. We suggest that you contact Mike Berg of the Reclamation Division to discuss this matter further. (MDB) Discussed this with Mike Berg; he requested a “simplified” version of the bond calculation that did not include as much information. He suggested using the same format that other mine operations have submitted. Appendix 4.1-1 contains the revised bond calculation and has been completed following a format that is similar to permit submittals for other mining operations as requested. The bond calculations have also been updated in response to the July 2010 Update to Policy Memo 16 to Mine Operators – Reclamation Cost Estimating Guidelines. 33. Please include 5 foot contour intervals on Figure 4.1-7B, Permanent Diversions and Impoundments and Wetland Restoration, so that the plan can be properly evaluated and include the design plans for the wetland complexes showing that the watersheds will be of sufficient size to contribute an ample supply of water from normal year precipitation by the ND Water Commission and a 50% annual water yield from the contributing watershed as required by our Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Post-Mining Vegetation Assessments document. Incidentally, the terminology “permanent diversions and impoundments” in the narrative on page 4 of Section 4.1.1.2 and in the legend of the figure is poor terminology as the permanent diversions and impoundments are simply recreated drainageways with wetlands. (GAW) Figure 4.1-7B has been revised to include 5 foot contours. Wetland designs are presented in Appendix 4.1-2. The text in Section 4.1.1.2 has been modified to indicate that the streams are being reclaimed. The title to Figure 4.1-7B “Permanent Diversions and Impoundments” has been changed to “Permanent Impoundments, Re-Established Channels and Wetland Restoration”.

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Section 4.1.1.2 was revised to replace the term “permanent diversion” with “re-established channels”. Section 4.2 – Post-Mining Land Use 34. As required by NDAC 69-05.2-09-13-1, please describe how pre-mine developed water resources affected by mining will be restored during reclamation in support of native rangeland or tame pastureland land use. (WTG) Section 4.2.2 was revised to describe reclamation of pre-mine developed water resources. Figure 4.1-7c was added to show general specifications for reclaimed stock watering ponds. Figure 4.2-1 was revised to show the post-mining developed water resources. Table 4.2-1 and Table 4.2-2 were revised to show acreage of post mining developed water resources. 35. Please include the assumptions and a typical design plan that will be used for the stockponds on reclaimed lands and add a statement that the detailed design plans for each stockpond will be submitted via permit revision before it is constructed. Also, please note that the ponds to be reclaimed in the S½ of Sections 15 and 16, as stated on page 25 of Section 4.2.2 in accordance with the land owner preference statement, are not shown on the Post-Mining Land Use Map. SHC will need to demonstrate that the drainageway that is to be recreated in the S½ of Sections 15 and 16 will support the wetlands within the drainageway and the stockponds (developed water resources). (GAW) Figure 4.1-7c provides general specifications for reclaimed stock watering ponds. Reference to this figure has been added to Section 4.1.1.2. A statement has been added indicating that detailed design plans for the reclaimed stock ponds will be submitted prior to construction. An additional 1-acre pond has been added in the south half of Section 15. There is a 0.45 acre pond, 16SW3, in the south half of Section 16. Appendix 4.1-2 was added to describe the basis for wetlands restoration design and to demonstrate that contributing watersheds are adequate to support wetlands and stock ponds. 36. The hyperlink to Table 4.2-2 on page 20 links to Figure 4.2-2 by mistake. Please correct the hyperlink. (WTG) The hyperlink to Table 4.2-2 now functions correctly. Although not specifically commented on in the completeness review, the following modifications from the original permit application were made as described below: • Post mining land use acreage was revised in Table 4.2-1, Table 4.2-2 and Table 4.1-3 to reflect changes to the disturbance area.

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37. The Pit Layout and Facilities Map, Figure 3.1-1, Life of Mine Map, Figure 3.1-2, Utilities Maps, Figures 3.1-5a-d, Life of Mine Water Management Plan Maps, Figures 3.6-1, Permit Term Water Management Plan Sheets, Figures 3.6-2 & 3.6-3, Pre- and PostMining Topography Maps, Figures 4.1-6 & 4.1-7a, Pre- and Post- Mining Slope Maps, Figures 4.1-8 & 4.1-9, Soil Respread Thickness Map, Figure 4.1-10, Post- Mining Land Use Map, Figure 4.2-1, and other maps have been prepared with a print scale of 1:24,000, 1”=2,000’, on 17” X 22” inch paper size. This scale is too small to be usable when printed. Please revise these maps using a scale of 1:12,000, with a page print size of 36” x 44”, ANSI “E” size. The map scale between different maps should be consistent to allow overlaying. In addition, the contour interval elevation labels have been placed under the contour line in many instances on these maps. Please place the elevation label on top of the contour line. (GAW) The following figures have been revised to plot on a 34 in x 44 in sheet using a scale of 1:12,000. • • • • • • • • • • • • • • • • Figure 3.1-1 Figure 3.1-2 Figure 3.1-5a Figure 3.1-5b Figure 3.1-5c Figure 3.1-5d Figure 3.6-1 Figure 3.6-2 Figure 3.6-3 Figure 4.1-6 Figure 4.1-7a Figure 4.1-7b Figure 4.1-8 Figure 4.1-9 Figure 4.1-10a Figure 4.2-1

Also, while this is not a deficiency, we recommend using an alternative format for presenting the information shown in Figures 1.3-2 and 1.3-3, Surface and Coal Ownership in Section 1.3.5 Permit Area Surface and Coal Interest. The colors, fill patterns, and labels used on the figures make it difficult to interpret the information presented. Please also consider simplifying these figures by removing roads, railroads, drainages, and the quarter-mile permit boundary buffer line. Figure 1.3-2 and Figure 1.3-3 have been revised to address this comment.

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44 Union Boulevard, Suite 300 Lakewood, CO USA 80228 Telephone: (303) 980-0540 Fax: (303) 985-2080 www.golder.com

Golder Associates Inc.

MINE PERMIT APPLICATION SOUTH HEART LIGNITE MINE

STARK COUNTY, NORTH DAKOTA

Prepared for: South Heart Coal LLC 601 Jefferson Street, Suite 3600 Houston, Texas 77002

Prepared by: Golder Associates Inc. 44 Union Boulevard, Suite 300 Lakewood, Colorado 80228

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OFFICES ACROSS AFRICA, ASIA, AUSTRALIA, EUROPE, NORTH AMERICA AND SOUTH AMERICA

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COMPLETE TABLE OF CONTENTS FOR PERMIT APPLICATION NO. SHSH-1001 1.0 INTRODUCTORY, LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION 1.1 Introductory Information 1.1.1 1.1.2 1.2 Application Form Approval Forms

Legal Information 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 Legal Description of Permit Area (NDCC 38-14.1-14(1)(a)) Permit Area Map (NDCC 38-14.1-14(j)) Proof of Filing Fee (NDCC 38-14.1-13(b)) Newspaper Publication Notice (NDCC 38.14.1-18(1)) Certificate of Liability Insurance (NDCC 38-14.1-14(3)) Filing with County Auditor (NDCC 38-14.1-13(2))

1.3

Business Information, Identification of Interests and Right of Entry 1.3.1 1.3.2 1.3.3 1.3.4 Applicant Information Mine Information (69-05.2-06-01(1)(b)) Name of Officers, Directors, and Share Holders, and Organizational Structure of SHC (NDCC 38-14.1-14(1)(c)(e) and NDAC 69-05.2-06-01(1). Name of other Mines Owned or Controlled Either by the Applicant or any Person Who Owns and Controls the Applicant (NDCC 38-14.1-14(1)(e) and NDAC 69-05.2-06-01(1)(f)) Permit Area Surface and Coal Interest Adjacent Surface and Coal Interest (NDCC 38-14.1-14(d), NDAC 69-05.2-06-01 (1)(a)(c), and NDAC 69-05.2-08-02(1)) Certificate of Authenticity (NDAC 69-05.2-06-03)

1.3.5 1.3.6 1.3.7 1.4

Surface Owner Protection Act Compliance Information (NDCC 38-18-06(1)) 1.4.1 1.4.2 Surface Owner Consent Surface Owner Notification Letters

1.5

Other Compliance Information 1.5.1 1.5.2 1.5.3 1.5.4 1.5.5 1.5.6 Current and Previous Permits and Permit Applications, including Pending Applications (NDAC 69-05.2-06-02(1) and NDCC 38-14.1-14(1)(f)) Permit Suspensions or Revocations and Bond Forfeitures (NDCC 38-14.114(1)(h) and NDAC 69-05.2-06-02(2)) Violation Identification (NDCC 38.14.1-14(1)(g) and NDAC 69-05.2-0602(3)(4)(5)) Other Licenses and Permits Relationship to Areas Designated Unsuitable (NDCC 38-14.1-05, NDCC 3814.1-07, NDCC 38-14.1-21(3)(d) and NDAC 69-05.2-04) Entities and/or Persons Who Prepared or Who Consulted in Preparing This Application (NDAC 69-05.2-05-02(3))

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TABLES Table 1.3-1 Table 1.5-1 FIGURES Figure 1.0-1 Figure 1.0-2 Figure 1.2-1 Figure 1.3-1 Figure 1.3-2 Figure 1.3-3 Figure 1.4-1 APPENDICES Appendix 1.1-1 Appendix 1.2-1 Appendix 1.2-2 Appendix 1.2-3 Appendix 1.2-4 Appendix 1.3-1 Appendix 1.3-2 Appendix 1.3-3 Appendix 1.3-4 Appendix 1.4-1 Appendix 1.5-1

Ownership and Control Information Other Required Licenses/Permits Applicable for the South Heart Lignite Mine Permit Area Extended Mine Plan Area Newspaper Publication Map South Heart Coal LLC Corporate Structure Surface Ownership Coal Ownership Landowner Notification Map South Heart Lignite Mine Permit Application Form (SFN 10522) Metes and Bounds Legal Description of Permit Area Proof of Filing Fee Notice of Filing for a Permit to Conduct Surface Coal Mining Operations Certificate of Liability Insurance Surface Ownership Coal Ownership Surface and Coal Lease Agreements Certificate of Authenticity Surface Owner Notification Letters Contact List

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2.0

ENVIRONMENTAL RESOURCES INFORMATION FIGURES Figures 2.0A, B and C 2.1 General Site Map

Cultural and Historic Resources 2.1.1 2.1.2 Cultural Resources Narrative Summary of Cultural Sites 2.1.2.1 Study Area 2.1.2.1 Permit Boundary Current Status of Cultural Resource Site Inventory Summary of Cultural Sites Located within the Study Area Legal Description of the Study Area Previous Cultural Resource Projects within the Study Area Previously Recorded Sites in the Study Area Vicinity Site Attributes and National Register Eligibility Recommendations for Sites within the Study Area Cairn Attributes at Site 32SK1005 Summary of Cultural Site Types Management Recommendations Archaeology Study Area Cultural Resources

2.1.3

TABLES Table 2.1-1 Table 2.1-2 Table 2.1-3 Table 2.1-4 Table 2.1-5 Table 2.1-6 Table 2.1-7 Table 2.1-8 FIGURES Figure 2.1-1 Figure 2.1-2

APPENDICES Appendix 2.1-1 SHSND Correspondences Appendix 2.1-2 A Class III Cultural Resource Inventory 2.2 Climate 2.2.1 Historic Data 2.2.1.1 Precipitation 2.2.1.2 Temperature 2.2.1.3 Relative Humidity 2.2.1.4 Wind Speed and Direction On-Site Meteorological Data Existing and Historic Meteorological Stations Monthly Mean Historic Precipitation Mean Annual Precipitation Monthly Mean Historic Temperature at the Dickinson Municipal Airport (July 2, 1949 - December 31, 2009April 30, 2007) Average Historic Relative Humidity by Month at Six-Hour Intervals at Bismarck (1931-1960) Parameters Measured from at the South Heart Meteorological Station Daily Summaries of Meteorological Data atAverage, Maximum and Minimum Values for Wind Speed, Wind Gust, Wind Direction, Wind Direction Variance, Air Temperature and Relative Humidity from the South Heart Meteorological Mine Station
Monthly Summaries of Meteorological Data by Year at the South Heart Lignite Mine StationDaily Values for Barometric Pressure, Weighing

2.2.2

TABLES Table 2.2-1 Table 2.2-2 Table 2.2-3 Table 2.2-4 Table 2.2-5 Table 2.2-6 Table 2.2-7

Table 2.2-8

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Table 2.2-9

Table 2.2-10

Bucket Rain Gage, Tipping Bucket Rain Gage and Solar Radiation from the South Heart Meteorological Station Monthly Average, Minimum and Maximum Values for Wind Speed, Wind Gusts, Wind Direction, Wind Direction Variance, Air Temperature and Relative Humidity, by Year from the South Heart Meteorological Station Monthly Values for Barometric Pressure, Weighing Bucket, Tipping Bucket and Solar Radiation, by Year from the South Heart Meteorological Station Existing and Historic Meteorological Stations Monthly Mean Historic Precipitation Values Observed Annual Precipitation Windrose for the Dickinson Municipal Airport Station

FIGURES Figure 2.2-1 Figure 2.2-2 Figure 2.2-3 Figure 2.2-43 2.3 Geology 2.3.1 2.3.2

2.3.3

2.3.4

2.3.5

2.3.6

Geology Narrative – General and Regional Study Area Narrative 2.3.2.1 Study Area Geology 2.3.2.2 Study Area Stratigraphy (including coal) 2.3.2.3 Study Area Subsurface Geologic Analysis 2.3.2.4 Study Area Geologic Structure 2.3.2.5 Previous Mining 2.3.2.6 Oil and Gas Wells Within and Near the Study Area 2.3.2.7 Uranium Deposits in Southwest North Dakota Overburden Sampling and Analysis 2.3.3.1 Overburden Sampling 2.3.3.2 Borehole Abandonment Overburden Sample Analysis 2.3.3.3 2.3.3.4 Overburden Analyses Summary of Overburden Characteristics 2.3.4.1 Summary of Overburden Geology 2.3.4.2 Sodium Adsorption Ratio Electrical Conductivity 2.3.4.3 2.3.4.4 Paste pH 2.3.4.5 Saturation Percentage 2.3.4.6 Texture 2.3.4.7 Summary of Overburden within the Permit and Mine Pit Boundaries 2.3.4.8 Whole Rock Acid Digestion for Metals Analysis 2.3.4.9 Synthetic Precipitation Leaching Procedure/Ground Water Leaching Procedure 2.3.4.10 Summary of Overburden within Mine Pit Boundaries Lithologic Logs 2.3.5.1 2002 Lithologic Logs 2.3.5.2 Phase I Lithologic Logs 2.3.5.3 Phase II and Phase III Lithologic Logs 2.3.5.4 Shallow Overburden Lithologic Logs Geophysical Logs 2.3.6.1 2002 Geophysical Logs 2.3.6.2 Phase I Geophysical Logs 2.3.6.3 Phase II and Phase III Geophysical Logs 2.3.6.4 Geophysical Logs Relative to Overburden Geochemistry

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2.3.7

Coal Quality Characteristics Narrative and Data 2.3.7.1 Coal Quality Data 2.3.7.2 Coal Core Laboratory Data Sheets 2.3.7.3 Coal Analysis Summary within the Study Area 2.3.7.4 Coal Quality Summary within the Permit Area North Dakota Generalized Stratigraphic Column for the Williston Basin Correlation of the Lignite Terminology between the SHLM, Northern Pacific Railway Company (NPRC) and the USGS North Dakota Previous Mines Overburden Sampling and Analysis Programs Borehole Data for 2002, Phase I, Phase II, Phase III, and 2009, and 2010 Boreholes for Overburden and Coal Characterization Borehole Data for South Heart Shallow Overburden Boreholes for Overburden Characterization Overburden Analytes-Suite One Overburden Analytes-Suite Two Summary of 2002, Phase I, Phase II, and Phase III, and 2010 Overburden Data for Overburden Analysis Summary of Shallow Overburden Data for Overburden Analysis Suite Two Results: Acid Base Accounting Suite Two Results: Whole Rock Acid Digestion for Metals Suite Two Results: Synthetic Precipitation Leaching Procedure Suite Two Results: Comparison of Ground Water Leaching Procedure to SPLP Available 2002 Boreholes with Lithologic Logs Depth of Subsurface Water Encountered in Phase I, Phase II, Phase III, 2009, 2010, and Shallow Overburden Boreholes 2002 Boreholes with Geophysical Logs Available Boreholes with Coal Quality Data Presented in the Maps Summary of Pre-2006 Coal Quality Lab Data Summary of Coal Quality Analysis for All South Heart Cored Holes Summary of Coal Analysis of Rotary Boreholes for 2006, and 2007, and 2010 Drilling Geology Study Area with Borehole Locations Overview of Study Area Geology Study Area Geology Sheet 1 of 3 Study Area Geology Sheet 2 of 3 Study Area Geology Sheet 3 of 3 Stratigraphic Column Geologic Cross-Sections HT Butte Coal Thickness D Coal Thickness D Coal Overburden Thickness E1 Coal Thickness E Coal Thickness F Coal Thickness HT Butte Coal Bottom Structure D Coal Bottom Structure E1 Coal Bottom Structure

TABLES Table 2.3-1 Table 2.3-2 Table 2.3-3 Table 2.3-4 Table 2.3-5 Table 2.3-6 Table 2.3-7 Table 2.3-8 Table 2.3-9 Table 2.3-10 Table 2.3-11 Table 2.3-12 Table 2.3-13 Table 2.3-14 Table 2.3-15 Table 2.3-16 Table 2.3-17 Table 2.3-18 Table 2.3-19 Table 2.3-20 Table 2.3-21 FIGURES Figure 2.3-1 Figure 2.3-2A Figure 2.3-2B Figure 2.3-2C Figure 2.3-2D Figure 2.3-3 Figure 2.3-4 Figure 2.3-5 Figure 2.3-6 Figure 2.3-7 Figure 2.3-8 Figure 2.3-9 Figure 2.3-10 Figure 2.3-11 Figure 2.3-12 Figure 2.3-13

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Figure 2.3-14 Figure 2.3-15 Figure 2.3-16 Figure 2.3-17A Figure 2.3-17B Figure 2.3-17C Figure 2.3-18A Figure 2.3-18B Figure 2.3-19 Figure 2.3-20 Figure 2.3-21 Figure 2.3-22 Figure 2.3-23 Figure 2.3-24 Figure 2.3-25 Figure 2.3-26 Figure 2.3-27 Figure 2.3-28 Figure 2.3-29 Figure 2.3-30 Figure 2.3-31 Figure 2.3-32 Figure 2.3-33 Figure 2.3-34 Figure 2.3-35 Figure 2.3-36 Figure 2.3-37 Figure 2.3-38 Figure 2.3-39 Figure 2.3-40 APPENDICES Appendix 2.3-1 Appendix 2.3-2 Appendix 2.3-3 Appendix 2.3-4 Appendix 2.3-5 Appendix 2.3-6 Appendix 2.3-7 Appendix 2.3-8 Appendix 2.3-9 Appendix 2.3-10 Appendix 2.3-11 Appendix 2.3-12 Appendix 2.3-13 Appendix 2.3-14 Appendix 2.3-15

E Coal Bottom Structure Location of Previous Underground and Surface Mines Locations of Oil and Gas Wells, and Underground and Surface Mines Overburden Sampling Boreholes Shallow Overburden Boreholes Boreholes with Suite Two Analyses SAR, E.C., and Lithologic Units for SHOB-05, SHOB-14, SHOB-22, SHOB-27, SHOB-33, and SHOB-38 SAR, E.C., and Lithologic Units for SHOB-07, SHOB-16, and SHOB-29 Box and Whisker Plot of Texture vs. SAR Current and Historic Boreholes with Lithologic Logs Current and Historic Boreholes with Geophysical Logs Examples of Geophysical Logs for Gamma Ray Analysis Drill Hole Locations (Core Holes, Quality Modeled) Drill Hole Locations (Rotary Holes) E Coal Heating Value (BTU/lb) (As-Received Basis) E Coal Sulfur Content (%) (As-Received Basis) E Coal Sodium Content (%) (As-Received Basis) E Coal Moisture Content (%) (As-Received Basis) E Coal Ash Content (%) (As-Received Basis) E1 Coal Heating Value (BTU/lb) (As-Received Basis) E1 Coal Sulfur Content (%) (As-Received Basis) E1 Coal Sodium Content (%) (As-Received Basis) E1 Coal Moisture Content (%) (As-Received Basis) E1 Coal Ash Content (%) (As-Received Basis) D Coal Heating Value (BTU/lb) (As-Received Basis) D Coal Sulfur Content (%) (As-Received Basis) D Coal Sodium Content (%) (As-Received Basis) D Coal Moisture Content (%) (As-Received Basis) D Coal Ash Content (%) (As-Received Basis) HT Butte Coal Quality (As-Received Basis) Previous Mine Search Results NDIC DMR, Oil and Gas Division Well Search Results Well No. 6369 Well No. 4975 Summary of 2002 Overburden Analyses by Borehole Summary of Phase I, Phase II, and Phase III, and 2010 Overburden Analyses by Borehole within the Study Area Summary of Shallow Overburden Analyses by Borehole within the Study Area 2002 Overburden Laboratory Data Sheets Phase I, and Phase II, and 2010 Overburden Laboratory Data Sheets Phase III Overburden Laboratory Data Sheets Shallow Overburden Laboratory Data Sheets Suite Two Analyses Laboratory Data Sheets 2002 Lithologic Logs within the Study Area Phase II, and Phase III, and 2010 Lithologic Logs within the Study Area Shallow Overburden Lithologic Logs within the Study Area

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Appendix 2.3-16 2002 Geophysical Logs within the Study Area Appendix 2.3-17 Phase II, and Phase III, and 2010 Geophysical Logs within the Study Area Appendix 2.3-18 Coal Logs 2007 within the Study Area Appendix 2.3-19 Detailed Incremental Analyses for the Cored Holes within the Study Area Appendix 2.3-20 Detailed Incremental Analyses for the Rotary Holes within the Study Area 2.4 Soils Resources 2.4.1 2.4.2 2.4.3 Introduction Study Objectives Soil Resources Study Area 2.4.3.1 Prior Soil Surveys 2.4.3.2 Soil Forming Factors 2.4.3.2.1 Geology and Parent Materials Topography 2.4.3.2.2 2.4.3.2.3 Vegetation and Land Use 2.4.3.2.4 Climate 2.4.3.2.5 Time Study Approach and Methodology Data Review 2.4.4.1 2.4.4.2 Field Survey 2.4.4.3 Pedon Descriptions 2.4.4.4 Sample Collection 2.4.4.5 Laboratory Analyses Classification 2.4.4.6 2.4.4.7 Soil Mapping 2.4.4.8 Determination of Suitable Salvage Materials 2.4.4.9 Prime Farmlands 2.4.4.10 Hydric Soils Results 2.4.5.1 Laboratory Results 2.4.5.2 Soil Series and Map Unit Components 2.4.5.3 Delineations and Map Units 2.4.5.4 Observation Points and Salvage Recommendations 2.4.5.5 Prime Farmlands 2.4.5.6 Hydric Soils Laboratory Parameters and Method References Laboratory Results for All Sample Sites Soil Series Present within the Permit Boundary Soil Map Unit Descriptions Soil Map Unit Acreage within the Permit Boundary Observation Point Classification and Salvage Recommendations

2.4.4

2.4.5

TABLES Table 2.4-1 Table 2.4-2 Table 2.4-3 Table 2.4-4 Table 2.4-5 Table 2.4-6

FIGURES Figure 2.4-1 Soil Study Area Figures 2.4-2A, B, C Soil Survey Maps APPENDICES Appendix 2.4-1 Typical Soil Series Pedon Descriptions

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Ground Water Hydrology 2.5.1 Ground Water Hydrologic Setting 2.5.1.1 Topography and Land Use 2.5.1.2 Climate 2.5.1.3 Surface Water 2.5.1.4 Geology 2.5.1.5 Ground Water 2.5.1.6 Ground Water Use Local Ground Water Hydrology 2.5.2.1 Topography 2.5.2.2 Climate 2.5.2.3 Surface Water 2.5.2.4 Geology 2.5.2.5 Hydrostratigraphy 2.5.2.6 Ground Water Use 2.5.2.7 Aquifers Probable Ground Water Hydrologic Consequences Impacts to Ground Water Quantity 2.5.3.1 2.5.3.2 Impacts to Ground Water Quality 2.5.3.3 Ground Water Hydrologic Reclamation Plan Ground Water Monitoring Plan 2.5.4.1 Baseline Monitoring 2.5.4.2 Pre-Mining Monitoring 2.5.4.32 Monitoring Concurrent with Mining 2.5.4.43 Post-Mining/Reclamation Monitoring 2.5.4.54 Reporting

2.5.2

2.5.3

2.5.4

TABLES Table 2.5-1 Table 2.5-2A Table 2.5-2B Table 2.5-2C Table 2.5-3 Table 2.5-4 Table 2.5-5 FIGURES Figure 2.5-1 Figure 2.5-2 Figure 2.5-3 Figure 2.5-4 Figure 2.5-5 Figure 2.5-6 Figure 2.5-7 APPENDICES Appendix 2.5-1 Appendix 2.5-2 Appendix 2.5-3 Appendix 2.5-4 Appendix 2.5-5 Appendix 2.5-6

Regional and Local Hydrogeology Well Monitoring Locations Staff Gage Locations Seep and Spring Locations Summary of Field Derived Aquifer Test Results Probable Hydrologic Effects of Mining Ground Water Monitoring Schedule

Locations of Monitoring Wells, Staff Gages, and Seeps and Springs Geologic Cross Sections Underburden – HT Butte Aquifer Potentiometric Surface HT Butte Coal Potentiometric Surface Overburden – D Coal Aquifer Potentiometric Surface Underburden and HT Butte Coal Wells Piper Plot Overburden and D Coal Wells Piper Plot

Monitoring Well Borehole and Construction Summary Monitoring Well Lithologic Boring Logs Monitoring Well Geophysics Logs Water Levels and Seep and Spring Flows Aquifer Testing at the South Heart Lignite Mine Water Quality Results for Ground Water and Seeps and Springs

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TABLES Table 2.5-6-1 Table 2.5-6-2 FIGURES Ground Water Quality Seeps and Springs Water Quality

Appendix 2.5-7 Appendix 2.5-8

Figure 2.5-6-1 Overburden Wells Piper Plot Figure 2.5-6-2 D Coal Wells Piper Plot Figure 2.5-6-3 Underburden Wells Piper Plot Figure 2.5-6-4 HT Butte Wells Piper Plot Figure 2.5-6-5 Alluvial Wells Piper Plot Figure 2.5-6-6 Seeps and Springs Piper Plot Boreholes Considered for Interpretation of Hydrogeology Well Certification 1.0 Introduction 2.0 Identification of Wells and Developed Springs 2.1 State Water Commission Databases Search 2.2 Certified Letter Mailings 2.3 Follow-Up Telephone Calls 2.5 Field Surveys 2.6 Signatures and certification forms 3.0 Field Surveys 4.0 Documentation 5.0 Challenges to the Program 6.0 Summary and Conclusions TABLES Table 2.5-8-1 FIGURES Figure 2.5-8-1 APPENDICES Appendix A Appendix B Potential Well/Spring Owners Certified Wells and Springs Typical Letter and Well/Spring Questionnaire Completed Well Survey Packets

2.6

Surface Water Information 2.6.1 Site Geomorphology 2.6.1.1 Watershed Description 2.6.1.2 Channel Characterization 2.6.1.3 Potential Erosion Features Survey Structures and Ponds Surface Water Quantity 2.6.3.1 Historic Water Quantity Data 2.6.3.2 Surface Water Gaging Stations 2.6.3.3 Surface Water Rights Surface Water Quality 2.6.4.1 Historic Water Quality Data 2.6.4.2 Established Water Quality Impairments 2.6.4.3 Study Area Surface Water Quality Surface Water Probable Hydrologic Consequences (PHCs) 2.6.5.1 Effects of Mining and Reclamation Operations on Flooding and Stream Flow Alteration and Sediment Yields 2.6.5.2 Effects of Mining and Reclamation Operations on Surface Water Quality

2.6.2 2.6.3

2.6.4

2.6.5

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Effects of Mining and Reclamation Operations on Recharge Capacity Effects of Mining and Reclamation Operations on Developed Water Resources 2.6.5.45 Surface Water Monitoring Plan 2.6.5.45.1 Baseline Monitoring 2.6.5.45.2 Ongoing and Future Monitoring 2.6.5.45.3 Reporting TABLES Table 2.6-1 Table 2.6-2 Table 2.6-3 Table 2.6-4 Table 2.6-5 Table 2.6-6 Table 2.6-7 Table 2.6-8 Table 2.6-9 Table 2.6-10 Table 2.6-11 Table 2.6-1211 Table 2.6-1312 Table 2.6-14 Table 2.6-1513 Table 2.6-14 Table 2.6-1615 Geomorphic Characteristics of Streams at the Ten Alluvial Sites in the Primary Study Area Culvert Descriptions Bridge and Dam Descriptions Reservoirs and Stock PondsExcavated Stock Ponds Stream Gage and Catchment InformationPrimary Study Area Drainages Summary Information for USGS Stream Gages Baseflow calculations for the Heart River Mean Monthly Flows Primary Study Area Gaging Station Site Selection Criteria Primary Study Area Gaging Station Measuring Devices Rating Curves for Primary Study Area Gaging Stations Measuring Devices Summary of Stark County Water Rights Summary of Historic Water Quality Data and Documentation Sources Water Quality Parameter Sampling Suite Criteria for Selecting Water Quality Sampling Sites Surface Water Sampling Events Surface Water Quality Data: Average, Minimum, Maximum and Number of Sample Dates for Total Dissolved Solids, Suspended Solids, Iron and pH Curve Numbers Associated with Different Hydrologic Soil Types Comparison of Potential Changes in Flows from Proposed Mine Operations Comparison of Potential Changes in Flows Following Mine Reclamation Surface Water Quality Assessment Surface Water Monitoring Schedule South Heart Lignite Mine Overview of Surface Water Study Areas Geomorphic Site Locations Drainage Area – Local Channel Slope Relationship in the Primary Study Area Overland Flow Path Length – Ground Slope Relationship in the Primary Study Area Location of Structures and Ponds Surface Water Contributing Watersheds Sheet 1 Surface Water Contributing Subwatersheds Sheet 2 Heart River Near South Heart (USGS GAGE #06343000) Mean Daily Flow Hydrograph And Flow Exceedance Probabilities, Period of Record from July 01, 1946 To September 30, 1984 Stark County Surface Water Rights Surface Water Quality Monitoring Locations

Table 2.6-1716 Table 2.6-1817 Table 2.6-1918 Table 2.6-2019 Table 2.6-21 FIGURES Figure 2.6-1 Figure 2.6-2 Figure 2.6-3 Figure 2.6-4 Figure 2.6-5 Figure 2.6-6A Figure 2.6-6B Figure 2.6-7

Figure 2.6-8 Figure 2.6-9

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APPENDICES Appendix 2.6-1 Appendix 2.6-2 Appendix 2.6-3 Appendix 2.6-4 2.7

Seasonal Variation for Surface Water Quantity within the Primary Study Area Historical Water Chemistry Data Limited Sediment and Phosphorous Samples at Five Sites Surface Water Quality Results

Pre-mining Land Use and Vegetation 2.7.1 Pre-mining Land Use 2.7.1.1 Introduction 2.7.1.2 Objectives 2.7.1.3 Methods 2.7.1.3.1 Land Use Mapping 2.7.1.3.2 Operator and Landowner Interviews 2.7.1.3.3 Land Capability Classification (LCC) 2.7.1.3.4 Reporting 2.7.1.4 Results 2.7.1.4.1 Cropland 2.7.1.4.2 Tame Pastureland 2.7.1.4.3 Native Vegetation Shelterbelts 2.7.1.4.4 2.7.1.4.5 Recreational 2.7.1.4.6 Residential 2.7.1.4.7 Industrial and Commercial 2.7.1.4.8 Woodlands Developed Water Resources 2.7.1.4.9 2.7.1.4.10 Wetlands 2.7.1.4.11 Other Uses 2.7.1.5 Additional Information 2.7.1.5.1 Grazing Use Conservation Uses 2.7.1.5.2 2.7.1.5.3 Noxious Weeds 2.7.1.5.4 Flooding and Irrigation 2.7.1.5.5 Structures within One-Half Mile of the Extended Mine Plan Boundary Land Capability Classification 2.7.1.6 2.7.1.7 Operator Interviews and Land Management Pre-Mine Land Use Acreage within the Permit Boundary Five-Year Cropland Use and Yield History within the Permit Boundary Stark County Average Crop Yields Soil Mapping Unit Productivity and Forage Suitability Tame Pastureland Production Estimates by Forage Suitability Group Use and Description of Structures within the Permit Boundary Conservation Reserve Program Enrollment and Status within the Permit Boundary Location and Use of Structures within One-Half Mile of the Permit Boundary Summary of Land Capability Classification within the Permit Boundary

TABLES Table 2.7.1-1 Table 2.7.1-2 Table 2.7.1-3 Table 2.7.1-4 Table 2.7.1-5 Table 2.7.1-6 Table 2.7.1-7 Table 2.7.1-8 Table 2.7.1-9

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FIGURES Figure 2.7.1-1 Overview of Land Use Study Area Figure 2.7.1-2A, B, C Pre-mine Land Use Maps Figure 2.7.1-3A, B, C Pre-mine Land Capability Classification Maps APPENDICES Appendix 2.7.1-1 Appendix 2.7.1-2 2.7 Summary of Pre-Mining Land Use Acreage and Soil Mapping Unit Information by Landowner within the Permit Boundary Pre-mine Land Management Information

Pre-mining Land Use and Vegetation 2.7.2 Pre-mining Vegetation 2.7.2.1 Introduction 2.7.2.2 Methodology 2.7.2.2.1 Vegetation Type Delineation and Assessment Requirements 2.7.2.2.2 Sample Location and Sample Size 2.7.2.2.3 Quantitative Inventory Results 2.7.2.3 2.7.2.3.1 Vegetation Classification 2.7.2.3.2 Ecological Site and Vegetation Type Descriptions 2.7.2.3.3 Cropland 2.7.2.3.4 Shelterbelts Species List/Plant Species of Concern 2.7.2.3.5 2.7.2.3.6 Significant Ecological Communities 2.7.2.3.7 Similarity Index (Range Condition) and Utility 2.7.2.3.8 Plant Species Diversity 2.7.2.3.9 Weeds Summary of Vegetation Resources within the Permit Boundary 2.7.2.4 Vegetation Mapping Units Sampled Summary of Point-Intercept Cover Data for Ecological Sites, Woodland and Tame Pasture Similarity Index Summary by Ecological Site and by Landowner within the Permit Boundary Shrub and Tree Density (Stems per Acre) for Three Woodland Types Sampled - Vegetation Study Area Correlation of Vegetation Sampling Sites with Soils Mapping Units and NRCS Ecological Sites Vegetation Acreage by Landowner - Permit Area Vegetation Acreage by Ecological Site/Vegetation Type Shelterbelt Descriptions Shelterbelt Acreage by Landowner North Dakota Natural Heritage Inventory Plant Species of Concern and Significant Ecological Communities Vegetation Study Area Diagram of Plot Layout for Native Grassland and Tame Pastureland Sampling Sites Diagram of Plot Layout for Woodland Sampling Sites Shelterbelt Map Overview Shelterbelt Map (SB-01) Shelterbelt Map (SB-02)

TABLES Table 2.7.2-1 Table 2.7.2-2 Table 2.7.2-3 Table 2.7.2-4 Table 2.7.2-5 Table 2.7.2-6 Table 2.7.2-7 Table 2.7.2-8 Table 2.7.2-9 Table 2.7.2-10 FIGURES Figure 2.7.2-1 Figure 2.7.2-2 Figure 2.7.2-3 Figure 2.7.2-4 Figure 2.7.2-5 Figure 2.7.2-6

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Figure 2.7.2-7 Figure 2.7.2.8 Figure 2.7.2-9 Figure 2.7.2-10 Figure 2.7.2-11 Figure 2.7.2-12 Figure 2.7.2-13 Figure 2.7.2-14 Figure 2.7.2-15 Figure 2.7.2-16 Figure 2.7.2-17 Figure 2.7.2-18 Figure 2.7.2-19 Figure 2.7.2-20

Shelterbelt Map (SB-03) Shelterbelt Map (SB-04) Shelterbelt Map (SB-05) Shelterbelt Map (SB-06) Shelterbelt Map (SB-07) Shelterbelt Map (SB-08) Shelterbelt Map (SB-09) Shelterbelt Map (SB-10) Shelterbelt Map (SB-11) Shelterbelt Map (SB-12) Shelterbelt Map (SB-13) Shelterbelt Map (SB-14) Shelterbelt Map (SB-15) Shelterbelt Map (SB-16) Vegetation Map

EXHIBITS Exhibit 2.7.2-1A, B, C

APPENDICES Appendix A List of Vascular Plant Species Identified Appendix B Percent Canopy Cover/Constancy by Plot for Ecological Sites, Woodland and Tame Pasture Appendix C Annual Above-Ground Production (Grams/m2) by Plot for Ecological Sites, Woodland and Tame Pasture Appendix D Shrub and Tree Density (Stems/Acre) by Plot for Woodland Sample Sites Appendix E Summary of Point-Intercept Cover by Sample Plot for Ecological Sites, Woodland and Tame Pasture Appendix E Attachment Summary of Point-Intercept Cover by Pin Frame Appendix F Shrub and Tree Canopy Cover by Sample Site for Woodland Sites Appendix G Average Number of Species per Plot for Ecological Sites, Woodland and Tame Pasture 2.8 Alluvial Valley Floors 2.8.1 2.8.2 Alluvial Valley Floor Definition Alluvial Valley Floor Determination

APPENDICES Appendix 2.8-1 Alluvial Valley Floor Determination Letter 2.9 Fish and Wildlife Resources 2.9.1 Pre-Mining Fish and Wildlife Inventory 2.9.1.1 Introduction 2.9.1.2 Methods 2.9.1.2.1 Delineation of the Study Area 2.9.1.2.2 Fish 2.9.1.2.3 Wildlife 2.9.1.3 Results 2.9.1.3.1 Species Lists 2.9.1.3.2 Habitats 2.9.1.3.3 Fish 2.9.1.3.4 Endangered or Threatened Species 2.9.1.3.5 Big Game 2.9.1.3.6 Furbearers

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2.9.2

2.9.3

2.9.1.3.7 Game Birds 2.9.1.3.8 Raptors 2.9.1.3.9 Landbirds 2.9.1.3.10 Other Species 2.9.1.4 Summary Fish and Wildlife Protection and Enhancement Plan 2.9.2.1 Introduction 2.9.2.2 Protection of Fish and Wildlife Resources 2.9.2.3 Reclamation and Enhancement of Fish and Wildlife Resources Wildlife Monitoring Plan 2.9.3.1 Introduction 2.9.3.2 Habitat Conversion and Replacement 2.9.3.3 Fish and Wildlife Species Richness 2.9.3.4 Monitoring Reports

TABLES Table 2.9-1 Field Studies by Month Table 2.9-2 Comparison of Baseline Vegetation Types (SCOW 2007) and Wildlife Habitat Types (WESTECH 1993) Table 2.9-3 Characteristics of Landbird Belt Transects Table 2.9-4 Acreages of Wildlife Habitats Identified in the South Heart Lignite Mine Fish and Wildlife Baseline Study Area Table 2.9-5 Wildlife Species Recorded by Habitat Table 2.9-6 Wildlife Species Recorded at Impoundments, 2006-2007 Table 2.9-7 Pronghorn Sightings by Habitat, 2006-2007 Table 2.9-8 White-Tailed Deer Sightings by Habitat, 2006-2007 Table 2.9-9 Ring-Necked Pheasant Sightings by Habitat, 2006-2007 Table 2.9-10 Ring-Necked Pheasant Crow Count Results, 2007 Table 2.9-11 Mourning Dove Coo Count Results, 2007 Table 2.9-12 Landbird Survey Results, June 2007 FIGURES Figure 2.9-1 Overview of Fish and Wildlife Study Area Figure 2.9-2 Roadside Survey Points and Landbird Transects Figure 2.9-3 Wildlife Species Occurrence by Habitat, 2006-2007 Figure 2.9-4 Big Game Sightings, 2006-2007 Figure 2.9-5 Furbearers Sightings, 2006-2007 Figure 2.9-6 Game Bird Sightings, 2006-2007 Figure 2.9-7 Raptor Sightings, 2006-2007 EXHIBITS Exhibit 2.9-1A, B, C, D Fish and Wildlife Habitat Map APPENDICES Appendix 2.9-1 Appendix 2.9-2 Appendix 2.9-3 Appendix 2.9-4 Agency Correspondences Fish and Wildlife Potential Species Lists Representative Habitat Photographs Habitat Type 002 Impoundments Surveyed In the Study Area

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Wetlands 2.10.1 2.10.2 Pre-mining Wetlands Post-mining Wetlands

APPENDICES Appendix 2.10-1 Pre-mining Wetland Report 1.0 Study Approach and Methods 1.1 Review Existing Information and Data Collected from Pertinent Baseline Inventories 1.2 Consult with Applicable Agencies 1.3 Assess Hydrophytic Vegetation 1.4 Evaluate Hydric Soils 1.5 Assess Wetland Hydrology 1.6 Identify and Delineate Non-wetland Waters of the U.S. 1.7 Integrate Wetland Components/Delineate Waters of the U.S 1.8 Assess Water Quality 2.0 Results 2.1 Hydrogeomorphic Classes 2.2 Wetland Vegetation Types 2.3 Water Regimes 2.4 Water Quality 3.0 Summary Within the Permit Boundary TABLES Table 2.0-1 Table 2.0-2 Table 2.0-3 Table 2.3-1 Table 2.4-1 FIGURES Figure 2-1 EXHIBITS Exhibit 1A, B, C APPENDICES Appendix A Appendix B Overview of Wetlands Study Area Wetland Map (3 sheets) List of Vascular Plant Species Identified Percent Hydrophytic Composition Determined Using Three Calculation Procedures for 2006 Vegetation Plots Percent Hydrophytic Composition Determined Using Three Calculation Procedures for 2007 Wetland Plots Field Forms Plot Photographs Number of 2006 Vegetation Plots Meeting Hydrophytic Criteria (In text) Number of Plots Evaluated in 2007 Meeting Wetland Criteria (In text) Wetland Status for 80 Plots Sampled Wetland Study Area Wetland Acreage by Landowner and Wetland Mapping Unit – Permit Area Wetland Water Quality Data

Appendix C

Appendix D Appendix E

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OPERATION PLANS 3.1 Operation Plan - General 3.1.1 Operation Description Narrative 3.1.1.1 Introduction 3.1.1.2 Safety 3.1.1.3 Abandoned Underground Mines 3.1.1.4 Waste Disposal 3.1.1.5 Relocation and Re-Route of Utilities Mining Method Narrative 3.1.2.1 Mine Development 3.1.2.2 Haul Roads 3.1.2.3 Topsoil Removal 3.1.2.4 Overburden Removal 3.1.2.5 Lignite Removal 3.1.2.6 Design Parameters 3.1.2.7 Haul Road Maintenance 3.1.2.8 Regrading and Reclamation Mine Support Facilities 3.1.3.1 Wash Bay Fueling Depot 3.1.3.2 3.1.3.3 Disposal Procedures Explosive Storage Area 3.1.3.4 3.1.3.5 Septic System

3.1.2

3.1.3

3.2

Existing Structures 3.2.1 Existing Structures Narrative 3.2.1.1 Farmsteads 3.2.1.2 Mine Facilities 3.2.1.3 Surface Water Management Structures Farm Building/Structure Removal Narrative

3.2.2 3.3

Blasting Plan 3.3.1 3.3.2 3.3.3 3.3.4 Procedures Schedule Monitoring Notices

3.4 3.5

Air Quality Control Plan Transportation Facilities 3.5.1 Transportation Narrative 3.5.1.1 Haul Road Construction 3.5.1.2 Haul Road and Coal Ramp Plan 3.5.1.3 SHLM Access Road 3.5.1.4 Removed, Re-Routed, Temporarily Closed, and Reclaimed Roads 3.5.1.5 Culvert and Arch Bridge Design Professional Engineer Certification Road Re-Route and Closing Plan Narrative

3.5.2 3.5.3

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Surface Water Management 3.6.1 3.6.2 3.6.3 3.6.4 3.6.5 Surface Water Management Plan Hydrologic Parameters, Design Procedures and Design Concepts Water Management Plan for the Mine Plan Designs for Water Management Structures Water Management Plan Construction and Operations

3.7 3.8 3.9 TABLES

Protection of Public Parks Surface Mining Near Underground Mine Auger Mining Plan Annual Area Disturbed Estimated Lignite Production Equipment List Summaries of Lignite and Overburden Thicknesses Suitable Growth Material Balance by Landowner – Life of Mine Maximum Weight of Explosives to be Detonated within Any 8 Millisecond Delay Period Culvert Design Summary Curve Number Estimates Precipitation Frequency Estimates Ditch Sizing Cover Practice Values

Table 3.1-1 Table 3.1-2 Table 3.1-3 Table 3.1-4 Table 3.1-5 Table 3.3-1 Table 3.5-1 Table 3.6-1 Table 3.6-2 Table 3.6-3 Table 3.6-4 FIGURES Figure 3.1-1 Figure 3.1-2 Figure 3.1-3a Figure 3.1-3b Figure 3.1-4 Figure 3.1-5a Figure 3.1-5b Figure 3.1-5c Figure 3.1-5d Figure 3.2-1a Figure 3.2-1b Figure 3.2-1c Figure 3.3-1 Figure 3.3-2 Figure 3.3-3 Figure 3.5-1 Figure 3.5-2 Figure 3.5-3 Figure 3.5-4 Figure 3.5-5 Figure 3.5-6 Figure 3.5-7 Figure 3.5-8 Figure 3.5-9 Figure 3.5-10

Pit Layout and Facilities Map Life of Mine Overburden and Lignite Removal Schedule Map Mine Support Facilities (Conceptual) Owner’s Offices (Conceptual) Haul Truck Fueling Depot (Conceptual) Utilities Re-Route Map – Water Lines Utilities Re-Route Map – Communication Lines Utilities Re-Route Map – Underground Gas and Electric Lines Utilities Re-Route Map – Power Lines Existing Structures Map – Power Lines Existing Structures Map – Gas Pipe Lines and Water Lines Existing Structures Map – Communication Utilities Blasting Distances Map Typical Blast Design Using Nonel Trunklines and Downline Delays Typical Blast Design Using Detonating Cord General Haul Roads and Coal Ramps Layout Main Haul Road – Typical Cross-Sections Access Roads – Typical Cross-Sections Figure Removed, Number Kept as a Place HolderSite Access Road – Profile Explosive Material Storage Area Access Road Profile Pit Access Road – Profile Main Haul Road – Segment 1 Profile Main Haul Road – Segment 2 Profile Main Haul Road – Segment 3 Profile Main Haul Road – Segment 4 Profile

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Figure 3.5-11a Figure 3.5-11b Figure 3.5-11c Figure 3.5-12 Figure 3.5-13 Figure 3.5-14 Figure 3.6-1 Figure 3.6-2 Figure 3.6-3 Figure 3.6-4 Figure 3.6-5 Figure 3.6-6 Figure 3.6-7 Figure 3.6-8 Figure 3.6-9 APPENDICES Appendix 3.3-1 Appendix 3.3-2 Appendix 3.3-3 Appendix 3.3-4 Appendix 3.3-5 Appendix 3.5-1 Appendix 3.6-1 Appendix 3.6-2

Site Access Route Map Right of Way Closure and Road Relocation MapRoad Re-Route Map – Roads Temporarily Closed or Removed Road Re-Route Map – Roads Re-Established/Reclaimed, Re-Opened, or Constructed Culvert and Bridge Locations South Branch Heart River HEC-RAS Analysis and Cross-Sections South Branch Heart River Haul Road Bridge Plan Life of Mine Water Management Plan Permit Term Water Management Plan Sheet 1 of 2 Permit Term Water Management Plan Sheet 2 of 2 Ditch CD-1A Ditch CD-2A Pond 1 Pond 2 Pond 3 Small Area Exemptions – Stockpile Containment Designs

Blast Record Notice of Blasting Schedule Pre-Blast Survey Request Surface Owners Within One Mile of the Permit Boundary Monitoring Equipment Specification Sheet Certification Letter – Primary Roads Certification Letter – Surface Water Management Operations Plans Surface Water Management SEDCAD Reports South Heart Lignite Mine

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POST-MINING AND RECLAMATION PLANS 4.1 Reclamation Plan 4.1.1 Reclamation Procedures Narrative 4.1.1.1 Topsoil and Subsoil Removal 4.1.1.2 Hydrological Features 4.1.1.3 Roads and Ramps 4.1.1.4 Facilities 4.1.1.5 Disposal of Debris 4.1.1.6 Regrading 4.1.1.7 Rough Grading Conditions and Assumptions 4.1.1.8 General Considerations for Reclamation 4.1.2 Reclamation Schedule 4.1.2.1 Pit Area 1 4.1.2.2 Pit Area 2 4.1.2.3 Pit Area 3 4.1.2.4 Pit Area 4a and 4b 4.1.2.5 Pit Area 5 4.1.3 Reclamation Costs In accordance With 4.1.3.1 Worst Case Reclamation Liability 4.1.3.2 Assumptions for Associated Disturbance 4.1.4 Performance Bond 4.1.5 Post-mining Topography Map Generation 4.1.6 Plan to Manage Mining Openings and Exploration Boreholes Post-mining Land Use 4.2.1 Post-mining Land Use Plan Considerations 4.2.2 Landowner’s Post-mining Land Use Preference Revegetation Plan 4.3.1 Revegetation Techniques 4.3.2 Revegetation Schedule 4.3.2.1 Pre-cropland 4.3.2.2 Native Grassland and Tame Pastureland 4.3.2.3 Riparian Woodland 4.3.2.4 Temporary Seed Mix Areas 4.3.3 Soil Testing Plan 4.3.4 Planting Rates 4.3.4.1 Cropland 4.3.4.2 Tame Pastureland 4.3.4.3 Temporary Areas 4.3.4.4 Riparian Woodland 4.3.5 General Management Plans 4.3.6 Sampling Methods and Success Standards 4.3.6.1 Cropland 4.3.6.2 Tame Pastureland 4.3.6.3 Native Grassland 4.3.6.4 Riparian Woodland 4.3.6.5 Wetlands Predicting Potential for Re-establishing Vegetation 4.4.1 Introduction 4.4.2 Research Supporting Reclamation Methods

4.2

4.3

4.4

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TABLES Table 4.1-1 Table 4.1-2 Table 4.1-3 Table 4.1-4 Table 4.1-5 Table 4.2-1 Table 4.2-2 Table 4.3-1 Table 4.3-2 Table 4.3-3 Table 4.3-4 Table 4.3-5 FIGURES Figure 4.1-1 Figure 4.1-2 Figure 4.1-3 Figure 4.1-4 Figure 4.1-5 Figure 4.1-6 Figure 4.1-7a Figure 4-1-7b Figure 4-1-7-c Figure 4.1-8 Figure 4.1-9 Figure 4.1-10a Figure 4.1-10b Figure 4.1-10c Figure 4.1-10d Figure 4.1-10e Figure 4.1-10f Figure 4.1-10g Figure 4.1-10h Figure 4.1-10i Figure 4.1-10j Figure 4.1-10k Figure 4.1-10l Figure 4.1-10m Figure 4.1-10n Figure 4.1-10o Figure 4.2-1 Figure 4.2-2 APPENDICES Appendix 4.1-1 Appendix 4.1-2 Appendix 4.2-1 5.0 Bond Calculations Post-Mining Wetlands Design Landowner’s Post-mining Preference Statements Overburden Quality Sample Holes within Permit Boundary Overburden EC, SAR, and SAT Values by Landowner per Year Pre and Post Mining Wetland Acreage Comparison by Landowner and Water Regime Reclamation Schedule Legal Description of the Permit Area Pre- versus Post-mining Land Use Acreage by Landowner – Permit Area Pre- versus Post-mining Land Use Acreage – Permit Area Pre-Cropland Seed Mixture Basic Native Grassland Seed Mixture Species to be Added to the Basic Native Grass Mix by Ecological Site Description Temporary Area Seed Mix Stocking Rates for Woody Species Rough Grading Sequence Map SPGM Respread Sequence Map Revegetation Sequence Map Worst Case Pit Cross-section Worst Case Bond Map Pre-mining Topography Post-mining Topography Permanent Diversions and Impoundments, Re-Established Channels and Wetland Restoration General Specifications for Reclaimed Stock Watering Pond Pre-mining Slope Map Post-mining Slope Map Soil Respread Thickness Map Overburden Geochemistry Drill Hole and Correlation Sections Locations Overburden Geochemistry Correlation Chart Section 1 Overburden Geochemistry Correlation Chart Section 2 Overburden Geochemistry Correlation Chart Section 3 Overburden Geochemistry Correlation Chart Section 4 Overburden Geochemistry Correlation Chart Section 5 Overburden Geochemistry Correlation Chart Section 6 Overburden Geochemistry Correlation Chart Section 7 Overburden Geochemistry Correlation Chart Section 8 Overburden Geochemistry Correlation Chart Section 9 Overburden Geochemistry Correlation Chart Section 10 Overburden Geochemistry Correlation Chart Section 11 Overburden Geochemistry Correlation Chart Section 12 Overburden Geochemistry Correlation Chart Section 13 Post-mining Land Use Map Trails Typical Cross-section

REFERENCES CITED

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