Regulator: Pipeline company too late in reporting artifacts

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  • Maj. Gen. Alan Dohrmann, the leader of the state's National Guard, speaks at the state Capitol in Bismarck, N.D., to Gov. Jack Dalrymple, right, and other members of the state Emergency Commission while requesting an additional $4 million for the North Dakota Department of Emergency Services related to law enforcement costs associated with the Dakota Access Pipeline protests in Morton County. The state agreed Tuesday to borrow an additional $4 million to cover the escalating law enforcement costs, bringing the total line of credit to $10 million. Dalrymple says officials have asked for contributions from the federal government, the pipeline company, an American Indian tribe, "and any entity we can think of."  (Mike McCleary/The Bismarck Tribune via AP)

    Maj. Gen. Alan Dohrmann, the leader of the state's National Guard, speaks at the state Capitol in Bismarck, N.D., to Gov. Jack Dalrymple, right, and other members of the state Emergency Commission while requesting an additional $4 million for the ... North Dakota Department of Emergency Services related to law enforcement costs associated with the Dakota Access Pipeline protests in Morton County. The state agreed Tuesday to borrow an additional $4 million to cover the escalating law enforcement costs, bringing the total line of credit to $10 million. Dalrymple says officials have asked for contributions from the federal government, the pipeline company, an American Indian tribe, "and any entity we can think of." (Mike McCleary/The Bismarck Tribune via AP) (The Associated Press)

  • Dozens of protestors demonstrating against the expansion of the Dakota Access Pipeline wade in cold creek waters confronting local police, as remnants of pepper spray waft over the crowd near Cannon Ball, N.D., Wednesday, Nov. 2, 2016. Officers in riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting several dozen with pepper spray as they waded through waist-deep water in an attempt to reach property owned by the pipeline's developer. (AP Photo/John L. Mone)

    Dozens of protestors demonstrating against the expansion of the Dakota Access Pipeline wade in cold creek waters confronting local police, as remnants of pepper spray waft over the crowd near Cannon Ball, N.D., Wednesday, Nov. 2, 2016. Officers in ... riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting several dozen with pepper spray as they waded through waist-deep water in an attempt to reach property owned by the pipeline's developer. (AP Photo/John L. Mone) (The Associated Press)

  • Tonya Stands recovers after being pepper sprayed by police after swimming across a creek with other protesters hoping to build a new camp to block construction of the Dakota Access Pipeline, near Cannon Ball, N.D., Wednesday, Nov. 2, 2016. Officers in riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting several dozen with pepper spray as they waded through waist-deep water in an attempt to reach property owned by the pipeline's developer. (AP Photo/John L. Mone)

    Tonya Stands recovers after being pepper sprayed by police after swimming across a creek with other protesters hoping to build a new camp to block construction of the Dakota Access Pipeline, near Cannon Ball, N.D., Wednesday, Nov. 2, 2016. Officers ... in riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting several dozen with pepper spray as they waded through waist-deep water in an attempt to reach property owned by the pipeline's developer. (AP Photo/John L. Mone) (The Associated Press)

A North Dakota regulator on Wednesday criticized the company developing the Dakota Access pipeline for waiting 10 days before reporting that American Indian artifacts were found last month along the route.

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In an Oct. 27 letter, a subsidiary of Texas-based Energy Transfer Partners notified the Public Service Commission that stone cairns and other artifacts had been found in mid-October. Consultants determined there was a "low likelihood" for buried artifacts and recommended avoiding the site.

Julie Fedorchak, the PSC chairwoman, said she was disappointed regulators weren't notified earlier. The matter was to be discussed at a PSC meeting Wednesday.

The potential for damage to American Indian sites and artifacts has been a flashpoint in a months-long protest over the pipeline, which is intended to carry crude from western North Dakota almost 1,200 miles to a shipping point in Patoka, Illinois. The Standing Rock Sioux, whose reservation lies near the pipeline route, have led a protest over that issue and the pipeline's potential hazard to drinking water.

Tribal officials said in September they had identified cultural artifacts on private land along the route. North Dakota's chief archaeologist, Paul Picha, later inspected the area and said no sign of artifacts or human remains had been found.

Picha said he was notified of the most recent discovery in a timely manner but didn't report it to the commission because he thought the pipeline company would. He said the site was properly handled.

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The 1,172-mile pipeline is largely complete outside of North Dakota. The federal government in September ordered a temporary halt to construction on corps land around and underneath Lake Oahe, a Missouri River reservoir in the Dakotas. The corps is reviewing its permitting of the project but has given no timetable for a decision.