PIERRE — State geologist Derric Iles testified Wednesday that TransCanada’s proposed XL pipeline would cross sensitive areas for fossils along its path through western South Dakota, but there’s no way to know if fossils actually will be encountered during construction.

“There’s nothing you can do to predict whether that is going to happen or not,” he said.

Iles said the majority of the oil pipeline’s route crosses over geologic formations which aren’t commonly considered to contain major underground water aquifers. He said the pipeline however will run across the Sand Hills aquifer in Tripp County.

Advertisement

He said the Sand Hills aquifer produces high quality water, but the Tripp County water-users district’s well field there is higher than the pipeline and wouldn’t be affected by an oil leak.

Iles was called as a witness in the state Public Utilities Commission hearing on TransCanada’s application for a construction and operation permit.

James Moore, a Sioux Falls lawyer representing TransCanada, questioned Iles whether the project represents an opportunity for landowners to have fossils discovered on their properties.

“It presents a tremendous opportunity, yes,” Iles replied.

Fossils found on state-owned land along the route are property of the State of South Dakota, he said, and those fossils would be under the jurisdiction of the state commissioner of school and public lands.

Responding to Dakota Rural Action lawyer Paul Blackburn, Iles suggested that TransCanada should contact the landowners and the South Dakota School of Mines and Technology in Rapid City if fossils are found on private property.

Also testifying Wednesday was Paige Hoskinson Olson, the review and compliance coordinator in the state cultural and historical preservation office. She said the U.S. Department of State is following federal law and analyzing the proposed route for sensitive archaeological and historical properties.

Ten archaeology sites and 15 isolated finds were located so far. She said one is a burial site and should be avoided. Two sites would be eligible for listing on the National Register of Historic Places, while two more should be evaluated for eligibility and another should be further analyzed, she said.

Olson said a more detailed survey should be conducted to identify areas with potential for deeply buried archaeological deposits and those areas be tested prior to construction. She said federal officials haven’t responded to that suggestion yet.

The U.S. Department of State is involved because TransCanada needs presidential approval to pierce the U.S. border with the pipeline from Canada.

Olson said her office focuses on human history and doesn’t deal with fossils.

Kim McIntosh, who heads up the spill assessment and cleanup section for the state Department of Environment and Natural Resources, said the agency’s staff feels comfortable that it could adequately respond to a spill if one occurred.

McIntosh said she wouldn’t expect any state or federal funds to be used for a TransCanada spill. She said she would expect the company to bear the cost.