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Oliver County approves BNI overpass plan, authorizes road‑use agreement and sends project to Public Service Commission
Summary
The board approved the County Road 37th Avenue Southwest overpass development agreement proposed by BNI Coal LTD, authorized temporary road closings and a road‑use agreement before construction, and will forward findings to the Public Service Commission for further review.
Representatives for BNI Coal LTD presented revised plans for the County Road 37th Avenue Southwest overpass and asked the county to rescind a January motion and revert to the August approval with updated findings. The presenter (speaker 15) summarized changes to the bypass alignment and approach width and provided a suggested resolution and findings for the county’s record.
Commissioners discussed easement status, engineering details and traffic safety. Resident David Horsford raised concerns about bridge height and approach grades; county engineering staff said the design represents the most balanced approach after public stakeholder input and noted the project limits on bridge height to preserve drainage.
After discussion, the board approved a motion to accept the overpass development agreement as presented, with the condition that BNI and the county enter a road‑use agreement before construction begins and that the chair (and county road superintendent) be authorized to sign necessary documents. The motion carried on a roll call; Commissioners Husslone and Burger voted “aye” when called by name, and a third commissioner voted affirmatively.
County staff said approved findings and the county’s approval will be forwarded to the state Public Service Commission (PSC) for the PSC’s next review step. BNI representatives said the plan would be bid this fall and construction would likely be in the following season subject to PSC approval and the county’s road‑use agreement.
