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PSC conditionally approves Oliver Wind 4 tree-and-shrub mitigation plan pending written waivers
Summary
The commission approved Oliver Wind 4 LLC’s tree-and-shrub mitigation plan for the Oliver Wind 4 project and its 345 kV transmission line on condition the developer obtain written landowner waivers where landowners declined on-property replanting; the plan follows NRCS guidance and includes landowner choice of species and spacing.
The North Dakota Public Service Commission on May 19 conditionally approved Oliver Wind 4 LLC’s tree-and-shrub mitigation plan for the 200-megawatt Oliver Wind 4 Energy Center in Oliver County and its associated 345 kV transmission line in Oliver and Mercer counties, contingent on receipt of written landowner waivers where applicable.
The commission’s site-permit order from April 29, 2024, requires that landowners be offered the option to have removed trees and shrubs replaced on their property and that, if they waive replacement, the waiver be provided in writing. Under the approved plan, Oliver Wind 4 consulted with the Oliver County Soil Conservation District and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) field office technical guide to create planting specifications appropriate to local soils and growing conditions. The filings say landowners who opted in selected species and quantities and received individualized planting plans for location and spacing.
Commissioners discussed the timing of landowner contacts and noted many landowners were busy with spring fieldwork when developer outreach began March 27. Commissioners said some landowners who did not respond could be non-farming landowners and questioned whether earlier contact would have changed opt-in rates. The commission’s approval is conditioned on receipt of the written waivers required by the siting specifications; staff told commissioners that some landowners have given verbal approval and the company is awaiting final paperwork.
The motion to approve the plan upon receipt of written waivers was seconded and adopted on a voice vote. Commissioners said staff will monitor implementation and the company may undertake plantings as scheduling allows; specifics on monitoring timelines were not included in the record.
