Paleontological Mitigation Plan

Appendix J: Paleontological Mitigation Plan

Public The Privileged and Confidential portions of this Appendix are redacted in this Public version. TransCanada Keystone Pipeline, L.P. Keystone XL Pipeline

Paleontological Resources Monitoring and Mitigation Plan, Montana, 2019

Project Number: TAL-00050388-70

Prepared By: Paleo Solutions 2785 Speer Blvd, Unit #01 Denver, CO, 80211 T: 303.882.8048 www.paleosolutions.com

Submitted By: EXP Energy Services Inc. 1300 Metropolitan Blvd. Tallahassee, FL 32308 T: 850.385.5441 F: 850.385.5523 www.exp•com

Document Control Number: KXL1399-EXP-EN-PLN-0135

Date Project Rev Issue Prepared by Checked by Approved by Client (yyyy-mm-dd) Manager

0 2019-04-29 IFU PS ZB ES RG TCPL

Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Legal Notification

This report was prepared by EXP Energy Services Inc. and Paleo Solutions for Keystone XL Pipeline. Any use which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. EXP Energy Services Inc. accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this project.

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Acronyms and Abbreviations

APE Area of Potential Effect BLM Bureau of Land Management CI Construction Inspector DEQ Department of Environmental Quality DNRC Department of Natural Resources and Conservation DOS Department of State EI Environmental Inspector GIS Geographic Information System GPS Global Positioning System IM Instructional Memorandum MDEQ Montana Department of Environmental Quality MOR Museum of the Rockies MOU Memorandum of Understanding NAD North American Datum PFS Paleontological Field Supervisor PFYC Potential Fossil Yield Classification PPI Paleontological Principal Investigator PRM Paleontological Resource Monitor PRMP Paleontological Resource Mitigation Plan SDSM South Dakota School of Mines and Technology SHPO State Historic Preservation Office SWCA SWCA Environmental Consultants, Inc. UTM Universal Transverse Mercator

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Table of Contents

Legal Notification ...... i

Acronyms and Abbreviations ...... ii

Table of Contents ...... iii

List of Appendices ...... iv

List of Figures ...... iv

List of Tables ...... iv

1.0 Introduction ...... 1

2.0 MDEQ Requirements for Paleontological Resource Investigations ...... 3

3.0 Standard Paleontological Resource Mitigation Recommendations ...... 4

4.0 Summary of Existing Data and Field Survey Results ...... 6 4.1 Geologic Context ...... 6 4.2 Previously Documented Fossil Localities...... 8 4.3 Fossil Localities Discovered During Pre- Construction Field Surveys ...... 8

5.0 Construction Monitoring Plan ...... 9 5.1 Monitoring and Mitigation Methods and Procedures ...... 9 Paleontological Resources Personnel ...... 10 Worker Environmental Awareness Program (WEAP) ...... 10 Field Methods ...... 10 Laboratory Methods ...... 17 Final Report ...... 18

6.0 Required Monitoring Locations ...... 19

7.0 Evaluation of New Proposed Work Areas ...... 19

8.0 Conclusion ...... 20

9.0 References ...... 21

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List of Appendices

Appendix A – Summary of Pre-Construction Survey Fossil Localities

Appendix B – Recommended Monitoring Locations

Appendix C – Monitoring Location Maps

Appendix D – Land Owner Fossil Locality Forms

Appendix E – Repository Receipts

Appendix F – BLM Permit

Appendix G – Tracts Remaining to be Surveyed in the Montana Portion of the Project as of 2/22/2019

Appendix H – UDP Flow Chart

List of Figures

Figure 1: Overview Map of the Montana Portion of the Keystone XL Pipeline Project ...... 2

List of Tables

Table 1. Standard Paleontological Mitigation Recommendations Resulting from Paleontological Research, Field Surveys, and Monitoring...... 5

Table 2. Mapped Geologic Units within the Montana Portion of the Keystone XL Project Area including Age, Typical Fossils, and PFYC...... 7

Table 3. Fossil Discovery and Communication Reporting Plan...... 14

Table 4. Agency Contacts for Report Review ...... 19

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1.0 Introduction

At the request of exp Energy Services, Inc., on behalf of TransCanada Keystone Pipeline, LP (Keystone), and in compliance with the requirements of the State of Montana Department of Environmental Quality’s (MDEQ’s) Memorandum of Understanding (MOU) for Paleontological Resource Investigations on the Montana Portion of the Keystone XL Pipeline Project (2011), SWCA Environmental Consultants (SWCA) prepared a confidential draft paleontological resources mitigation plans (PRMP) in 2011 and 2013. Paleo Solutions, Inc. (Paleo Solutions) updated the PRMP (this document) with the results of additional record searches and field work completed since the 2013 report. The PRMP was prepared based on the results of extensive geologic map reviews, literature searches, and museum record searches; and the results of paleontological field surveys that were completed for the Keystone XL Pipeline Project (Project) between 2008 and 2018. Paleontological monitoring locations recommended in this PRMP are based on the March 4, 2019 geographic information system (GIS) dataset provided by exp Energy Services. Across its centerline length of approximately 285.36 miles (Figure 1), the Montana portion of the Project traverses 20 geologic units (4 members of the Fort Union Formation are combined in Table 2) ranging in age from Cretaceous to Holocene. Fossiliferous geologic units include a wide variety of terrestrial and marine sedimentary rocks and surficial sedimentary deposits that range from Cretaceous to Pleistocene in age. The purpose of pre-construction paleontological field surveys is to inspect areas with exposures of paleontologically sensitive bedrock or surficial sediments, including previously recorded fossil localities, for the presence of scientifically important fossils. Paleontological surveys are unnecessary in areas with no surficial exposures of fossiliferous bedrock. The purpose of construction monitoring is to locate, identify, and remove from the path of construction, any scientifically important fossils unearthed by excavation equipment before they are irreparably damaged. Paleontological monitoring is unnecessary unless the location and depth of disturbance will impact fossiliferous bedrock. In compliance with MDEQ (2011) requirements, paleontological monitoring will take place in portions of the Project area that contain geologic units with high (Class 4) or very high (Class 5) paleontological potential (Potential Fossil Yield Classification [PFYC]). These include the Judith River, Hell Creek, Fort Union, and Flaxville formations. Additionally, areas with moderate potential (PFYC 3) will be spot-checked by monitors during construction. These include the Claggett, Bearpaw, Pierre, and Fox Hills formations. Areas with moderate potential (PFYC 3) where previously or newly recorded fossil localities have been documented within 1-mile of the Project area will be continuously monitored. Monitoring is not required in areas where low paleontological potential (PFYC 2) geologic units are present within the Project area. These include a variety of surficial sedimentary deposits of late Tertiary and Quaternary age No geologic units with unknown (PFYC U) or very low (PFYC 1) paleontological potential are present within the Montana portion of the Project. The following sections of the PRMP present the MDEQ (2011) paleontological resource requirements for the Project, provide the rationale for the mitigation recommendations made based on field survey results, provide the details of all procedures pertinent to the mitigation of adverse impacts to paleontological resources that will be followed during Project construction, and provide specific monitoring locations along with the recommended monitoring level of intensity.

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Figure 1: Overview Map of the Montana Portion of the Keystone XL Pipeline Project

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2.0 MDEQ Requirements for Paleontological Resource Investigations

The following stipulations and methods of investigation were issued in an MOU by the MDEQ in 2011. This PRMP addresses those requirements in the MDEQ MOU that pertain to paleontological resource mitigation during the construction phase of the Project. It must be noted that item 9a of the MDEQ MOU requires Keystone to make a reasonable and good faith effort to complete implementation of the PRMP prior to beginning construction of any spread. However, because the bulk of paleontological resource mitigation by its very nature will occur during construction when paleontological monitoring of earth moving activities is taking place and subsurface fossils are unearthed, the implementation of the PRMP cannot be completed prior to construction. 1. Keystone shall complete paleontological record searches and survey work using BLM paleontological resource management guidelines (BLM Manual H-8270-1; BLM IM 2008-009; BLM IM 2009-011) using the services of a permitted and qualified paleontologist. 2. Keystone shall use the services of a qualified paleontologist (BLM Manual H 8270-1; IM 2009-011) to gather and evaluate information concerning the existence and location of paleontological resources within the APE as needed. 3. Where required, Keystone shall submit a written request under ARM 17.20.804(2) to conduct a paleontological literature and file search with the Montana SHPO for a one mile wide area (0.5 mile on either side of the centerline) of the route and associated facility locations as defined by 75-20- 104(3)(a), M.C.A., prior to conducting field surveys. Keystone shall conduct a concurrent file search with the appropriate field offices of the BLM and with the DNRC for state-owned lands. 4. Keystone’s paleontological consultant shall continue to maintain a valid BLM Paleontological Resources Use Permit and any other permits required under federal or state law. 5. Where surveys have not been completed, Keystone shall complete a pedestrian survey prior to construction. Keystone shall conduct the pedestrian survey at an intensity required under BLM IM 2009-011. 6. Keystone shall monitor construction in those portions of the APE with unknown, moderate, high, and very high paleontological potential (classes 3a, 3b, 4, or 5) based on the Potential Fossil Yield Classification System (PFYC). Areas of very low to low potential (1 or 2) will not be subject to pedestrian survey. Areas of moderate potential (3a), if discovered, will be spot checked only. Areas with unknown potential (if any) (3b), and with high and very high potential (4 and 5) will be subject to a 100% pedestrian survey of bedrock exposures. Existing access roads that have been “crowned and ditched” do not need to be surveyed. 7. Keystone shall record and evaluate paleontological resources located in the APE on the forms and within the standards specified in the Montana SHPO Planning Bulletin No. 21, as well as BLM Manual H-8270-1, BLM IM 2008-009, and BLM IM 2009- 011. 8. Keystone shall evaluate paleontological resources located within the APE for scientific significance as outlined in the BLM IM 2009-011. In areas that have been previously inventoried in which the agency with jurisdiction is satisfied with the work, no additional inventory is required. 9. Prior to DEQ’s issuance of a certificate of compliance, Keystone will draft and submit for agency review and approval, a comprehensive Paleontological Resources Mitigation Plan that describes 1) the measures developed in consultation with the consulting parties to minimize and mitigate the adverse effects of the Project’s construction activities on paleontological resources; 2) the manner in which these measures will be carried out; 3) a schedule for their implementation; and 4) how paleontological discoveries within each spread planned for Montana will be handled. The Paleontological Resources Mitigation Plan will be included within Keystone’s Plan of Development and DEQ’s Environmental Specifications.

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a. Keystone will make a reasonable and good faith effort to complete implementation of the Paleontological Resources Mitigation Plan approved by the cooperating agencies prior to beginning construction of any spread. If it is not possible to meet this schedule, Keystone will develop a Coordination Plan that establishes how appropriate treatment will be determined and implemented during construction of the respective spread. b. The mitigation plan will specify the precise locations within the Project APE where monitoring is required and will describe procedures for fossil salvage and paleontological data recordation for non-extensive, isolated scientifically significant fossil discoveries. These types of discoveries are anticipated to be the most common during the course of construction as is typical during pipeline construction projects, and they can be quickly documented and collected with minimal construction delays. The mitigation plan will include agency or land owner notification procedures as appropriate, and procedures that construction personnel should follow in the event that an unexpected fossil discovery is made in an area that is not monitored by a paleontologist. The mitigation plan will also include procedures to be followed in the event of an extensive paleontological discovery as described in “c” below. c. Extensive paleontological discoveries are defined as discoveries that are unanticipated and cannot be quickly mitigated due to their large size and/or complexity (e.g., partial or complete associated dinosaur skeleton or extensive vertebrate microfossil accumulation). For extensive paleontological discoveries, a Locality-Specific Paleontological Mitigation Plan will be developed and approved by the pertinent agency and SHPO. The Locality- Specific Paleontological Mitigation Plan will identify the specific research questions to be addressed with an explanation of their scientific significance, the paleontological methods to be used, and provisions for curation, public interpretation and education, subject to confidential restrictions, if any. d. Keystone will submit the draft Locality Specific Paleontological Mitigation Plan to consulting parties for a seven (7) working day review. Keystone shall address timely comments and recommendations submitted by consulting parties in preparation of the draft Locality Specific Paleontological Mitigation Plan. e. When it has addressed all of the comments and recommendations, Keystone will submit the Final Locality Specific Paleontological Mitigation Plan to all consulting parties and carry out the recommended mitigative measures. 10. BLM, DEQ, SHPO, DNRC and DOS will provide information in their possession regarding paleontological materials to aid the other agencies in satisfaction of their respective responsibilities. 11. All parties to this agreement will have jurisdiction of paleontological resources identified on lands which they manage. All parties to this agreement will be invited to comment on all paleontological resources identified as a result of this agreement. 3.0 Standard Paleontological Resource Mitigation Recommendations

The results of pre-construction technical research (fossil locality record searches, geologic map reviews, literature searches, input from technical experts, regulatory requirements, and agency consultation) and pre-construction field surveys result in standard paleontological resource recommendations including clearance, avoidance, salvage, sampling, and monitoring, and may include combinations of these recommendations. Recommendations made during monitoring can include clearance, fossil recovery, avoidance, and sampling, or a combination. In addition, other types of area- or locality-specific recommendations may be necessary depending on special circumstances encountered during site inspections and monitoring. Standard recommendations are described in detail in Table 1 and are applied

4 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019 to the Montana portion of the Keystone XL Project in Appendix B (Paleontological Mitigation Measures by Location). Standard recommendations include monitoring recommendations based on PFYC designations. The version of the PFYC used in the 2011 and 2013 versions of the mitigation plan have since been updated by the BLM (BLM IM 2016-124). The updated PFYC system is as follows: PFYC 1 – very low paleontological potential, PFYC 2 - low paleontological potential, PFYC 3 – moderate paleontological potential, PFYC 4 – high paleontological potential, PFYC 5 - very high paleontological potential, and PFYC U – unknown paleontological potential. Location-specific recommendations for monitoring, spot-check monitoring, and clearance are provided in Appendices B and C. Table 1. Standard Paleontological Mitigation Recommendations Resulting from Paleontological Research, Field Surveys, and Monitoring.

Based on pre-field survey research and/or field survey or monitoring results, if adverse impacts on paleontological resources are anticipated to be non-existent or below the level of significance for a given surface-disturbing action in a given area, and no further consideration of paleontological resources is Clearance deemed necessary, immediate paleontological clearance is recommended. A clearance recommendation can be made for an entire project area or any portion thereof (including surface and/or subsurface), depending on paleontological potential. If the cost of fossil recovery or other mitigation options is determined to be too high, or permanent damage to the resource caused by surface disturbance is considered to be unavoidable, it may be necessary to “avoid” or “reroute” the portion of the project that intersects the fossil locality in order to prevent adverse Avoidance impacts on the resource. Avoidance should also be considered if a known fossil locality appears to contain critical scientific information that should be left undisturbed for subsequent scientific evaluation. Avoidance for later scientific research is the typical mitigation recommendation made for scientifically significant extensive paleontological discoveries. If isolated small, medium- or large-sized fossils are discovered within a project area during field surveys or construction monitoring, and they are determined to be scientifically significant, they should be recovered. Fossil Fossil recovery may involve simply collecting a fully exposed fossil from the ground surface, or may involve Recovery a systematic excavation, depending upon the size and complexity of the fossil discovery. Fossil excavations should be designed in such a way as to minimize construction delays while properly collecting the fossil and associated data according to professional paleontological standards. Scientifically significant microfossils (vertebrate, invertebrate, plant, or trace fossils) may be identified in rock matrix during surveys or monitoring, or, if they are known to occur elsewhere in the same geologic unit or type of deposit in the general area, a determination of their presence or absence may require the use of test sampling of rock matrix for screen-washing in a paleontological laboratory. In some cases, depending upon Sampling the rock unit involved, test sampling may be appropriate even if microfossils are not visible in the field. The fossils found, if any, will then be inspected and evaluated to determine their significance and whether additional mitigation recommendations are necessary. Mitigation may include collection of additional matrix for screen-washing. The decision to sample may not be made until monitoring is occurring, because it is usually triggered by conditions in the field. If significant (well-preserved, uncommon, and/or identifiable) paleontological resources are known to be present in an area, or if there is a high likelihood that subsurface fossils are present in geologic formations or members thereof within a given project area based on prior field surveys, museum records, or scientific or technical literature, paleontological monitoring of construction excavations would be recommended. Monitoring involves systematic inspections of graded cut slopes, trench sidewalls, spoils piles, and other types of construction excavations for the presence of fossils, and the fossil recovery and documentation of these fossils before they are destroyed by further ground-disturbing actions. Standard monitoring is typically Monitoring used in the most paleontologically sensitive geographic areas/geologic units (PFYC 4 and 5); while spot- check monitoring is typically used in geographic areas/geologic units of moderate or unknown paleontological sensitivity (PFYC 3 or PFYC U). The goal of monitoring is to identify scientifically significant subsurface fossils as soon as they are unearthed in order to minimize damage to them and remove them and associated contextual data from the area of ground disturbance, thereby resulting in subsurface paleontological clearance. Microfossil sampling, macrofossil recovery, and avoidance of fossils may all occur during any monitoring program.

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4.0 Summary of Existing Data and Field Survey Results

This section summarizes the geologic context, record search for previously documented fossil localities, and fossil localities discovered during pre-construction field surveys. 4.1 Geologic Context

The Project area in Montana is directly underlain by 20 mapped geologic units, including members of formations (Table 2). These include the Claggett Formation, Judith River Formation, Bearpaw Formation, Pierre Formation, Fox Hills Formation, Hell Creek Formation, Fort Union Formation, and Flaxville Formation. In addition, there are a variety of surficial sedimentary deposits of late Tertiary and Quaternary age within the Project area (Table 2). No geologic units with unknown (PFYC U) or very low (PFYC 1) paleontological potential are mapped within the Project area in Montana. Sedimentary bedrock units that underlie the Project area were deposited in the Western Interior Epeiric Seaway, a large, shallow sea that covered the central portion of North America during the Late Mesozoic. This seaway existed in an asymmetrical foreland basin that was created by the subduction of the Farallon tectonic plate beneath the North American plate beginning during the Early Cretaceous (Roberts and Kirschbaum, 1995). The Project area is in part underlain by the Williston Basin, a sedimentary and structural basin that contains thick sequences of sedimentary rocks that began its formation during the early Paleozoic and contains deposits that span to the Quaternary (Anna et al., 2003). The Claggett, Judith River, Bearpaw Pierre, and Fox Hills formations were deposited in deeper open marine environments, followed by dominantly terrestrial deposits of the Hell Creek, Fort Union, and Flaxville formations, which signify the closure of the Western Interior Seaway. During the Pleistocene to recent, rivers, glacial outwash, and wind dissected these sedimentary layers and locally deposited fossil-rich surficial sediments of Pleistocene age, which now forms the modern topography. Additional technical information about the geology and paleontology of the Project area is provided in paleontological reports previously prepared for the Project (Browne and Murphey 2009; Johnson et al. 2011a, 2011b; Johnson et al. 2013; Johnson et al. 2013; Knauss et al. 2008, 2009, 2010a, 2010b, 2010c; Knauss et al. 2012a, 2012b, 2012c; Knauss et al. 2013; Murphey and Browne 2010a, 2010b; Murphey et al. 2010; Stathopoulos and Murphey, 2019a, 2019b, 2019c).

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Table 2. Mapped Geologic Units within the Montana Portion of the Keystone XL Project Area including Age, Typical Fossils, and PFYC. Map Geologic Unit Abbreviation Age Typical Fossils PFYC * Holocene-age deposits contain the unfossilized remains of modern taxa and are too young Alluvium Qal Holocene 2 to contain fossils. Holocene-age deposits contain the unfossilized remains of modern taxa and are too young Quaternary (Holocene and Alluvium and Colluvium Qac to contain fossils; Pleistocene-age deposits may contain mineralized or partially 2 Pleistocene) mineralized bones, invertebrates, and plants. Holocene deposits contain the unfossilized remains of modern organisms and are too Sand, gravel, silt or clay Qsg Holocene and Pleistocene young to contain in-situ fossils; Pleistocene deposits contain mostly scattered and poorly 2 preserved fossil remains of vertebrates, plants, and invertebrates. Gravelly sheet-wash Pleistocene deposits contain mostly scattered and poorly preserved fossil remains of Qgac Pleistocene 2 alluvium and colluvium vertebrates, plants, and invertebrates. Holocene deposits contain the unfossilized remains of modern organisms and are too Holocene and/or Alluvial terrace deposits QTat young to contain in-situ fossils; Pleistocene deposits contain mostly scattered and poorly 2 Pleistocene preserved fossil remains of vertebrates, plants, and invertebrates. Holocene deposits contain the unfossilized remains of modern organisms and are too Alluvial terrace deposits Qat Holocene and Pleistocene young to contain in-situ fossils; Pleistocene deposits contain mostly scattered and poorly 2 preserved fossil remains of vertebrates, plants, and invertebrates. Pleistocene deposits contain mostly scattered and poorly preserved fossil remains of Glacial Deposits Qg Pleistocene 2 vertebrates, plants, and invertebrates. Quaternary (Holocene and No in-situ fossils. Ex-situ fossils depend on the source rock; in Project area the Bearpaw Landslide Deposits Qls 2 Pleistocene) Formation is the most common parent material. Miocene to Pliocene, Mammals are known from rocks (Flaxville Formation) thought to be of equivalent age and Sands and Gravels Tsg 2 possibly some Pleistocene source; however, no fossils have been found in these deposits. Miocene to Pliocene, Flaxville Formation Tf Fragmentary but locally abundant vertebrates (mammals). 4 possibly some Pleistocene Fort Union Formation; Tftr, Tfle, Tft, Plants (leaves and wood); invertebrates (mollusks and arthropods); locally abundant Tongue River, Lebo, Tullock, Paleocene 5 Tfld/Tfll vertebrates (fish, amphibians, reptiles, birds, mammals). and Ludlow members Abundant, diverse, and well-preserved terrestrial vertebrates (fish, amphibians, mammals, Hell Creek Formation Khc late Cretaceous 5 and reptiles including dinosaurs), invertebrates (mollusks), and terrestrial plants. Marine invertebrates and vertebrates (fish, sharks) are common; terrestrial plants and Fox Hills Formation Kfh late Cretaceous 3 vertebrates (reptiles, dinosaurs, mammals) are less common. Plants (wood); trace fossils (burrows, borings, fecal pellets, gastroliths); abundant Pierre Formation (Shale) Kp late Cretaceous invertebrates (mollusks, gastropods, bivalves); locally abundant vertebrates (fish, turtles, 3 mosasaurs, plesiosaurs, and more rare dinosaurs, pterosaurs, and birds). Invertebrates (mollusks, ammonites) are very common, marine vertebrates (plesiosaurs, Bearpaw Formation (Shale) Kb late Cretaceous mosasaurs, turtles) are less common, and terrestrial vertebrates (dinosaurs) are 3 uncommon. Vertebrates (fish, amphibians, mammals, and reptiles including dinosaurs), invertebrates Judith River Formation Kjr late Cretaceous 5 (mollusks), and terrestrial plants are common. Invertebrates (mollusks, ammonites) are abundant, vertebrates (dinosaurs) are Claggett Formation (Shale) Kcl late Cretaceous 3 uncommon. * Map abbreviations are from Bergantino 1999a, 1999b, 2001, 2003; Bergantino and Wilde 1998a, 1998b; Vuke and Colton 2003; Vuke, Hargrave, et al. 2011; Vuke, Wilde, Bergantino et al. 2001; Vuke, Wilde, Colton, et al. 2001, 2003; Wilde and Bergantino 2004; Wilde and Smith 2003.

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4.2 Previously Documented Fossil Localities

Per MDEQ (2011) requirements, a paleontological record (locality) search was conducted of a 1-mile-wide corridor (0.5 mile on either side of the centerline) for the pipeline route, and associated infrastructure locations for surveys conducted from. Since the 2013 mitigation plan was developed, the search area has been increased to a 2-mile-wide corridor (1 mile on either side of the centerline) and a 1-mile area surrounding ancillary facilities for the 2019 record search. The record search included the Bureau of Land Management Montana State Office, the Montana State Historic Preservation Office (SHPO), the Montana Department of Natural Resources and Conservation (DNRC), the Montana BLM (Miles City and Malta Field Offices), as well as museums known by the authors to have (or have had) paleontological research projects in eastern Montana. These museums include the University of California Museum of Paleontology and the Carter County Museum. Note that not all agencies/institutions that were contacted for data responded to the request. In addition to the paleontological record searches, literature searches were completed for the Project and were focused on 1) searching for specific locality information (geospatial coordinates); and 2) assessing the general paleontological sensitivity of the geologic units within the Project area based on published scientific literature pertinent to the Project area in eastern Montana. Published geologic maps were used to determine the locations and boundaries of geologic units within the Project area, and the mapped geology was field checked by paleontological survey crews. According to the paleontological record search results received to date there are no previously recorded fossil localities present within the Project area in Montana, and 87 previously recorded fossil localities within 1-mile of the Project area in Montana as currently delineated. This section of the PRMP addresses items 1, 2, 3, 8, and 10 of MDEQ (2011) (see Section 2.0). 4.3 Fossil Localities Discovered During Pre- Construction Field Surveys

Field surveys for the Montana portion of the Project were conducted under Bureau of Land Management (BLM) Paleontological Resource Use Permit Numbers M-97961, M-102444, and MTM-107394 (Appendix F), and were undertaken in compliance with Department of State (DOS), BLM, and MDEQ requirements using BLM guidelines for the assessment and management of paleontological resources (BLM Manual and Handbook 8270-1 [1998]; BLM Instruction Memorandum [IM] 2008-009 [2007]; and BLM IM 2009-011 [2008]). The paleontological field surveys for the Project commenced in July 2008 and were conducted through November 2018, with the exception of previously and/or currently denied tracts and infrastructure added or modified since the Fall 2018 surveys (Section 4.1 and 8.0 provide the references of all Montana survey reports for field surveys completed prior to 2019). Per MDEQ (2011) requirements, areas underlain by geologic units with unknown, high, and very high paleontological potential (PFYCs U, 4, and 5, respectively) were subject to a 100% pedestrian survey (see Table 2). However, there are no geologic units with unknown potential (PFYC U) in the Project area. PFYC 4 and 5 geologic units include areas with exposures of Cretaceous Judith River and Hell Creek formations, Paleocene Fort Union Formation (Tongue River, Lebo, Tullock, and Ludlow members), and Miocene and Pliocene Flaxville Formation. Areas underlain by geologic units with moderate paleontological potential (PFYC 3) were subject to spot checking of bedrock exposures. These include areas with exposures of Cretaceous age Claggett Formation, Bearpaw Formation, Pierre Formation, and Fox Hills Formation. Areas underlain by geologic units with low paleontological potential were not surveyed. These include exposures of a variety of surficial sedimentary deposits of late Tertiary and Quaternary age (see Table 2, PFYC 2). The objective of the field surveys completed for the Project was to reduce adverse impacts on scientifically significant paleontological resources through resource avoidance or mitigation; the mitigation strategy varied depending upon land ownership. During the surveys, 111 fossil localities (73 non-significant and 38 significant) were documented within Montana. A summary of the paleontological discoveries and mitigation status, is provided in Appendix A.

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On BLM and Montana State lands, isolated and easily collected scientifically significant surface fossils were collected and transferred to the Museum of the Rockies and the Museum of Geology at the South Dakota School of Mines and Technology. More extensive paleontological localities (as defined in Section 7.0) were documented and reported to the appropriate land management agency, and the Project alignment was relocated to avoid the resource. Paleontological repositories for the Montana portion of the Project include the Museum of the Rockies (MOR) in Bozeman, Montana, the Museum of Geology at the South Dakota School of Mines and Technology (SDSM) in Rapid City, South Dakota, and the Denver Museum of Nature and Science (DMNS) in Denver, Colorado. The MOR is the repository for all fossils collected from State of Montana lands and has right of first refusal for all fossils collected on federal lands in Montana. All fossils collected from BLM and Montana State lands have been transferred to the MOR and the SDSM (Appendix E). On private lands in Montana, land owners were contacted regarding all fossil discoveries made during paleontological surveys and were provided with three options: A) to grant permission for the fossils to be collected and donated to a paleontological repository that meets federal DM-411 curation standards where they will be available for scientific research, education, and display; B) to grant permission for the fossils to be collected and then given to the land owner; or C) to instruct that the fossils not be collected and left in place, with the understanding that the fossils may be in the path of pipeline construction and as a result may be damaged or destroyed, and waiving all claims against Keystone or its agents or contractors for damages or loss of compensation for loss of economic value to the fossils. If option A was selected, the fossils were professionally prepared in a paleontological laboratory and transferred to the repository along with associated data and a curation fee. If option B was selected, the fossils were provided to the land owner in field condition without laboratory preparation. Appendix D provides a record of land owner decisions. Of the seven scientifically significant fossil localities recorded on private lands, six were collected and given to the land owner (Option B) and one was left in place (Option C). With the exception of areas not yet surveyed, the mitigation of all scientifically significant fossil localities located on BLM, state, and private lands within the current Project alignment has been completed. 5.0 Construction Monitoring Plan

Direct adverse impacts to subsurface paleontological resources may occur as the result of grading and trenching activities. These activities may cause breakage and crushing, resulting in the damage or destruction of these non-renewable subsurface resources. It is not possible to mitigate adverse impacts to completely unexposed subsurface paleontological resources prior to construction because their precise locations below ground are obscured by rock and soil and cannot be known until they are unearthed by grading and trenching activities. However, with properly implemented paleontological monitoring and fossil recovery procedures, the impacts of earth-moving activities can be reduced to an acceptable level (i.e., below the level of significance), and in fact can result in beneficial impacts if it results in the discovery and recovery of fossils that otherwise would have remained buried and thus unavailable for scientific research, education, and display. This section specifies the procedures and protocols that will be followed to reduce adverse impacts on scientifically important paleontological resources during the construction phase of the Project. Although the DOS has overall regulatory oversight of the Project, the monitoring and mitigation procedures described herein comply with BLM paleontological procedural guidelines (BLM 1998, 2008) and best practices in mitigation paleontology (Murphey et al., 2019). The BLM is the only federal agency that has developed procedural guidelines for paleontological resources. The MDEQ has incorporated BLM procedures into their paleontological MOU (2011). This section of the PRMP addresses items 2, 4, 6, 7, and 9 of MDEQ (2011) (see Section 2.0). 5.1 Monitoring and Mitigation Methods and Procedures

Paleontological monitoring and impact mitigation procedures include pre-construction training of non- paleontological personnel, field methods, and laboratory methods. These are presented in detail below.

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Paleontological Resources Personnel All paleontological work will be overseen by a Paleontological Principal Investigator (PPI). Construction monitoring will be performed by Paleontological Resource Monitors (PRM) and supervised by Paleontological Field Supervisors (PFS). On federal lands in Montana, all paleontological resources personnel will be permitted and approved by the BLM.

Worker Environmental Awareness Program (WEAP) Prior to construction, information on paleontological resources will be prepared for worker education and will be included in the environmental handbook for the Project so that it is readily available to all workers in the field. This pamphlet will include images of the types of fossils that are likely to be encountered during grading and trenching activities; work stoppage and notification procedures that should be followed by construction personnel in the event of a fossil discovery; and penalties for the theft or destruction of paleontological resources. A training on paleontological resources will also be presented to all construction workers and EIs as part of the pre-construction worker environmental awareness training program. The presentation materials will be prepared by a qualified and permitted paleontologist and will include photographs of actual fossil specimens of the type that may be encountered by workers in the field during construction. It will also include training for EIs in the recognition of both unweathered and weathered bedrock within the pipeline trench. Some of the sedimentary rock units that will be encountered by workers during construction are difficult to distinguish from soil when weathered but may contain scientifically significant paleontological resources. With this training, EIs can determine when to call paleontological monitors to areas where unanticipated (incorrectly mapped) PFYC 4 or 5 bedrock is encountered during construction (Judith River, Hell Creek, Fort Union (Tongue River, Lebo, Tullock, and Ludlow members), and Flaxville formations). It will be the responsibility of the EIs to recognize unanticipated bedrock and call a PFS to arrange for a PRM to mobilize to the area. During the pre-construction training, construction personnel will be instructed to follow the Unanticipated Discovery Protocol (UDP) (Appendix H). The UDP states that if any subsurface bones or other potential fossils are found and a PRM is not present, work in the immediate area must be halted (150-foot exclusion area) and a supervisor will be immediately notified. The supervisor will then notify the EI, who will notify the Resource Manager, Environmental Compliance Managers and a PFS. The PFS will inspect the fossils and make further recommendations in consultation with PPI.

Field Methods Field methods for the construction phase of the Project include 1) monitoring; 2) fossil recovery; 3) unanticipated fossil discoveries; and 4) fossil discoveries on private lands. These tasks are described in detail below. In general, monitoring and fossil recovery methods are designed to identify and recover scientifically significant paleontological resources and associated data as rapidly and safely as possible to prevent or minimize construction delays while maintaining the scientific value and physical integrity of all fossil specimens to the greatest possible extent.

5.1.3.1 Monitoring Paleontological monitoring in PFYC 4 and 5 geologic units, and spot-check monitoring in PFYC 3 geologic units, involves the systematic inspection of all construction excavations (cut slopes, trenches, spoils piles, and graded surfaces) in accordance with Project safety requirements for occurrences of fossil remains. There are no Class U units within the Project area in Montana. The number of PRMs stationed within PFYC 3, 4, and 5 geologic units will be determined based on construction activity within each construction spread. Operationally, the locations and schedule of monitoring activities will be dictated by concurrent field conditions, primarily the quantity and locations of heavy equipment in the cut and the pace of excavation activities. PRMs will first and foremost adhere to all applicable safety standards prior to approaching a potential paleontological resource. Monitoring can and always should be conducted from a safe distance when conditions are deemed hazardous by monitoring or construction personnel. However, monitoring cannot succeed in preventing damage or destruction of scientifically significant paleontological resources unless PRMs are stationed at locations from which Project excavations are clearly visible. This provides

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PRMs with the critical opportunity to prevent irreparable damage to fossils at the moment of impact by heavy machinery. PRMs will be equipped with all required personal protection equipment including but not limited to hard hats and reflective safety vests to maximize their visibility to heavy equipment operators. PRMs will also be equipped with flagging and survey stakes to delimit areas to be avoided by construction activities during fossil recoveries, when such activities are needed. Other standard equipment for monitors includes tools for fossil exploration and recovery, including awls, brushes, pin vises, picks, and shovels; chemical preservatives (such as vinac, acryloid, or butvar), as well as cyanoacrylate and/or white glue; specimen containers, including vials and bags of various sizes; a plaster kit; global positioning system (GPS) receiver; a field notebook and digital data forms; and a digital camera. PRMs should also be provided with grading plans (when applicable), Project area maps showing proper access and Project boundaries, geologic maps, and background paleontological resource information. During construction, Keystone’s PPI should have the authority to downgrade the monitoring level of effort if the sensitivity of the area is less than anticipated. On BLM lands, the appropriate BLM Field Office Paleontology Coordinator should be notified if Keystone’s Paleontological PPI determines that downgrading the monitoring effort in a certain area is warranted. For state lands, the SHPO and DNRC should be contacted in order to seek approval for a monitoring downgrade. In each situation, a telephone call with an email follow-up should provide adequate documentation to support the decision.

5.1.3.2 Fossil Discovery The work of PRMs is largely visual. It entails searching exposed rock surfaces for bone, plant, and shell fragments indicative of buried fossil remains. When fossils are unearthed by construction equipment and observed by PRMs (or construction personnel) in the trench or in other Project excavations, Keystone will be consulted to determine a plan of action for safely accessing and evaluating the find. The area of the discovery will be fenced to create a 150-foot exclusion area will be set-up to protect the discovery. If possible, a travel lane will be established for construction vehicles to pass around the fossil discovery. The monitor will evaluate the significance of the discovery using hand tools in order to determine the type of fossil and its size, scientific significance and locality specific mitigation procedures. Once the size and extent of the discovery is determined, the dimensions of the exclusion fencing buffer may be adjusted to accommodate the continuation of construction activities and traffic within the approved right-of-way. This could include routing the traffic around the site, or partial excavation and removal of a fossil that would be fully collected after construction in the area has been completed. Security measures will be implemented as necessary to protect unearthed significant fossils until the fossils have been recovered from the locality. The PPI, with assistance from a PFS, will be responsible for developing locality-specific mitigation procedures as needed. Monitoring procedures may include collection of fossiliferous matrix for screen washing and stratigraphic data collection. All fossil discoveries regardless of significance will be reported daily to the PPI and the Resource Manager. Within 48 hours, all significant fossil localities will be reported to the SHPO and DNRC for state land, and the BLM for BLM land (see Section 5.1.3.7). If made on private land, fossil discoveries will be reported to the land owner as described in Section 5.1.3.6. Non-significant fossil localities will be documented and left in place after the evaluation has been completed. Fossil discovery notifications to agency/land owner will take place within 48 hours of discovery after the significance determination has been completed and could involve follow up as requested by the agency/land owner.

5.1.3.3 Fossil Recovery Keystone’s PPI, the Resource Manager, and the EIs will be notified of all fossil salvages undertaken by paleontological monitors on a daily basis. When fossil discoveries are made during monitoring of construction excavations, an immediate evaluation and determination of scientific significance will be necessary in order to determine whether the fossil(s) should be salvaged and to best prevent unnecessary construction delays. Consultation with the PPI or PFS may be needed in order to assist the PRM with the determination of scientific significance. This is in part because it is not uncommon, due to encrustation by rock matrix, for the scientific significance of the fossil to be unknown until it is more fully exposed or even

11 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019 partially prepared (cleaned and stabilized) in the laboratory. On federal and state lands, all scientifically significant fossils will be recovered along with associated data. Fossils lacking scientific significance will be documented but left in place. For non-significant fossils, construction may resume immediately following documentation. Fossil salvages will be conducted in a manner that prevents or minimizes delays to the construction schedule, and additional paleontological personnel will be brought to fossil discovery sites as needed. Salvages range in scope from the rapid removal of small isolated fossils from an active cut, to hand-quarrying of small- and medium-sized fossils over several hours, to excavations of large fossils from a large quarry over several days. The length of time required for each excavation is determined by the size, preservation, and number of fossils at each locality. Depending upon the size and fragility of each fossil salvaged, chemical adhesives and hardeners/consolidants will be applied to fossils as matrix is removed in the field to prevent further breakage during removal and transport. Larger fossils will be jacketed using burlap and plaster, and jackets should be reinforced with cribbing as deemed necessary by the PFS. Data recorded at each fossil locality will include, but not be limited to, Project and phase name, field locality number, geographic location (Universal Transverse Mercator [UTM] coordinates, North American Datum [NAD] 83 datum), elevation from survey stakes if available, formation, stratigraphic position, lithologic description of fossil-bearing stratum and under- and overlying strata, type(s) of fossil(s) (taxonomic identifications and elements as best as can be determined in the field), associations with other fossils, specimen orientation(s), taphonomic observations, photographs, name of collector(s), date of discovery, and date(s) of salvage. Large fossil excavations are often undertaken in consultation with the construction foreman. Heavy equipment provided by the pipeline contractor can be used to assist with removing rock surrounding quarry sites to expedite fossil quarrying and can also hoist large jackets (fossils and rock encased in a protective layer of burlap and plaster) onto flat-bed trucks for removal from the Project area and transport to the paleontological laboratory. All scientifically significant fossils discovered on federal or state lands during construction will be removed from the Project area immediately following salvage operations and transferred to a secure paleontological laboratory for fossil preparation as described below under Section 5.1.4 (Laboratory Methods). Following preparation, these fossils and associated data will then be transferred to an approved paleontological repository.

5.1.3.4 Extensive Fossil Discoveries An extensive fossil discovery is defined as an unexpected occurrence of extremely large and/or complete fossils, or large concentrations of microfossils. These are fossil localities that, due to their large size and complexity, are beyond the normal scope of paleontological mitigation and fossil salvage operations and require special treatment because of their high degree of scientific importance. The procedures for allowing construction to continue outside of the paleontological discovery location should be applied to extensive discoveries when applicable (see section 5.1.3.2). The SHPO and DNRC will be notified immediately upon the discovery of an extensive fossil locality on State of Montana land, and the BLM will be notified immediately upon the discovery of an extensive fossil locality on BLM land. The land owner (via a land agent) will be notified immediately upon the discovery of any extensive fossil locality on private land. In accordance with MDEQ (2011) requirements (item 9c–e), in the event of an extensive paleontological discovery on BLM or state lands, a Locality-specific Paleontological Mitigation Plan will be developed and submitted by the PPI no more than 72 hours after the discovery and approved by the pertinent agency (DNRC for state land, BLM for BLM land) and SHPO. This plan will identify specific research questions with an explanation of their scientific significance, the methods to be used, and provisions for curation, public interpretation, and education. The draft Locality-Specific Paleontological Mitigation Plan will be submitted to consulting parties for a seven-day working review, after which the comments and recommendations will be addressed by Keystone, and a Final Locality-Specific Paleontological Mitigation Plan will be submitted. The mitigation plan for the extensive paleontological discovery will then be implemented.

5.1.3.5 Unanticipated Fossil Discoveries An unanticipated fossil discovery is defined as a discovery of paleontological resources (subsurface bones or other potential fossils) in a geographic area or geologic unit in which it was not expected by construction personnel and where no paleontological monitor is stationed. For all unanticipated discoveries, the UDP (Appendix H) will be followed and depending on the landowner, the steps outlined for fossil discovery and

12 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019 recovery will be followed (see sections 5.1.3.2 and 5.1.3.3). If not significant, the unanticipated discovery will be documented and left in place. Significant unanticipated discoveries will be reported as described in Section 5.1.3.2. A significant or non-significant unanticipated discovery could change the monitoring status of the area from no monitoring or spot check monitoring to full time monitoring.

5.1.3.6 Fossil Discoveries on Private Lands All fossils discovered on private lands are the legal property of the respective land owners. Fossils determined to be non-significant will be documented and left in place. Fossils determined to be scientifically significant will be reported to the land owner once the significance determination has been completed and salvaged using the procedures detailed in sections 5.1.3.2 and 5.1.3.3 in order to prevent potential construction delays that could occur should land owners be unable to be reached at the time of fossil discovery (a good faith effort will be made to contact land owners as rapidly as possible). The PPI or PFS will report the discovery to the EI, who will notify the respective land agent, who will in turn notify the land owner with a fossil discovery notification form. For all scientifically significant fossil discoveries, land owners will be provided with three options: A) to make a potentially tax deductible donation of the fossil(s) to an approved paleontological repository that meets federal DM-411 curation standards where they will be available for scientific research, education, and display; B) to have the collected but unprepared fossils given to the land owner in its field jacket or other storage container; or C) to not collect the fossils and have them left in place with the understanding that the fossils may be in the path of pipeline construction and as a result may be damaged or destroyed, and waiving all claims against Keystone or its agents or contractors for damages or loss of compensation for loss of economic value to the fossils. Land owner decisions will be documented on fossil discovery notification forms and fossil delivery receipt forms. If a land owner chooses to donate the fossil(s) to an approved paleontological repository (Option A), the fossil(s) will receive the same level of laboratory treatment and curation as scientifically significant fossil specimens collected from BLM and state land (see Section 5.1.4.1). Keystone will fund the laboratory preparation and curation of all donated fossils in Montana (as is planned for land owner donation of significant fossils in South Dakota and Nebraska). Note that options regarding tax deductible donations of fossils to museums differ between institutions. There is no guarantee that a museum will elect to accession a fossil that a land owner wishes to donate.

5.1.3.7 Discovery and Reporting Communication Plan In the Montana portion of the Project, fossils may be found by PRM’s, PFSs, or there may be unanticipated discoveries made by equipment operators or other Project personnel. Fossil discoveries may be deemed by the PPI or a PFS to be significant or non-significant, and fossil localities may be discovered on private land, Montana state land, or BLM land. Fossil discovery notification procedures vary depending on fossil significance, land ownership and whether the fossil was discovered by a paleontologist or a construction worker. Table 3 and Appendix H summarize the discovery and reporting communication plan.

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Table 3. Fossil Discovery and Communication Reporting Plan

A. Discovery made by a paleontologist (PRM or PFS) 1. 150-foot exclusion zone established while significance is evaluated by PRM in consultation with PPI and PFS 2. Evaluate and record paleontological data 3. If discovery is non-significant, fossil(s) will be left in place. The Resource Manager will be notified, and construction may resume once the EI clears the area 4. If discovery is significant, fossil(s) will be collected. The PPI and PFS are responsible for developing locality specific mitigation recommendations if needed 5. PPI, Resource Manager and EI's will be notified of all fossil discoveries and salvages daily 6. TC Compliance Manager and exp Resource Manager will review daily data uploads including fossil discoveries and salvages (paleontological locality forms) 7. Fossil locality form(s) provided to SHPO and DNRC within 48 hours. SHPO contact: Stan Wilmoth, 406-444-2882 ([email protected]). DNRC contact Patrick Rennie, 406-444-2882 ([email protected]) 8. All fossil localities reported in final monitoring report for each spread

B. Unanticipated Discovery made by construction worker State of 1. Cease all work in the immediate area Montana Land 2. Construction supervisor will be notified immediately, who will notify EI 3. EI will notify the PPI or a PFS who will evaluate the significance of the discovery with assistance from a PRM 4. Follow procedures A1-8 above

C. Extensive Fossil Locality 1. 150-foot exclusion zone established while significance is evaluated by PRM in consultation with PPI and PFS. 2. If locality is determined to be extensive, the PPI will notify the SHPO and DNRC immediately, and a locality specific mitigation plan will be developed and submitted by the PPI to the SHPO and DNRC within 72 hours. Contact information is provided in A7 3. Locality Specific Mitigation Plan will undergo a 7 day working review after which comments will be addressed by the PPI in consultation with Keystone and a final plan will be submitted. Final plan will be provided to SHPO and DNRC

4. Implementation of Locality Specific Mitigation Plan

A. Discovery made by a paleontologist (PRM or PFS) 1. 150-foot exclusion zone established while significance is evaluated by a permitted PRM in consultation with PPI and PFS. 2. Evaluate and record paleontological data 3. If discovery is non-significant, fossil(s) will be left in place. The Resource Manager will be notified, and construction may resume once the EI clears the area. BLM Land 4. If discovery is significant, fossil(s) will be collected. The PPI and PFS are responsible for developing locality specific mitigation recommendations if needed 5. PPI, Resource Manager and EI's will be notified of all fossil discoveries and salvages daily

6. TC Compliance Manager and exp Resource Manager will review daily data uploads including fossil discoveries and salvages (paleontological locality forms)

7. Fossil locality form(s) provided to BLM and SHPO within 48 hours. BLM contacts: Doug Melton, Miles City FO, 406-233-2800 ([email protected]), Josh Chase, Malta FO, 406-654-5100 ([email protected]), Greg Liggett, BLM State Office, 406-896-5162 ([email protected])

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8. All fossil localities reported in final monitoring report for each spread

B. Unanticipated Discovery made by construction worker 1. Cease all work in the immediate area 2. Construction supervisor will be notified immediately, who will notify EI 3. EI will notify the PPI or a PFS who will evaluate the significance of the discovery with assistance from a PRM 4. Follow procedures A1-8 above

C. Extensive Fossil Locality 1. 150-foot exclusion zone established while significance is evaluated by PRM in consultation with PPI and PFS 2. If locality is determined to be extensive, the PPI will notify the BLM and SHPO immediately, and a locality specific mitigation plan will be developed and submitted by the PPI to the BLM within 72 hours. Contact information is provided above (see BLM A7 and State of Montana A7 above) 3. Locality Specific Mitigation Plan will undergo a 7 day working review after which comments will be addressed by the PPI in consultation with Keystone and a final plan will be submitted. Final plan will be provided to BLM and SHPO =

4. Implementation of Locality Specific Mitigation Plan

A. Discovery made by a paleontologist (PRM or PFS) 1. 150-foot exclusion zone established while significance is evaluated by PRM in consultation with PPI and PFS. 2. Evaluate and record paleontological data 3. If discovery is non-significant, fossil(s) will be left in place. The Resource Manager will be notified, and construction may resume once the EI clears the area. 4. If discovery is significant, fossil(s) will be collected or left in place depending on the landowner’s preference. The PPI and PFS are responsible for developing locality specific mitigation recommendations if needed 5. PPI, Resource Manager and EI's will be notified of all fossil discoveries and salvages daily; landowner will be notified immediately if the fossils are determined to be significant. The landowner discovery form will be prepared and submitted to the EI, who will notify the respective land agent, The forms will be provided to the land owner via the land agent as soon as the landowner can be reached. Response to the form within 48 hours is requested.

Private Land 6. TC Compliance Manager and exp Resource Manager will review daily data uploads including fossil discoveries and salvages (paleontological locality forms)

7. Fossil locality form(s) provided to MDEQ within 48 hours. MDEQ contact: James Strait, 406-444-7675 ([email protected]).

8. All fossil localities reported in final monitoring report for each spread. SHPO receives copies of all private land fossil locality forms.

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C. Extensive Fossil Locality

1. 150-foot exclusion zone established while significance is evaluated by PRM in consultation with PPI and PFS

2. If locality is determined to be extensive, the MDEQ and landowner should be notified immediately, and a locality specific mitigation plan will be developed and submitted by the PPI to the MDEQ within 72 hours. See A7 for MDEQ contact information. The land owner should be contacted via the respective land agent and provided with a fossil discovery notification form. Response to the form within 48 hours is requested.

3. Locality Specific Mitigation Plan will undergo a 7 day working review after which comments will be addressed by the PPI in consultation with Keystone and a final plan will be submitted. Final plan will be provided to MDEQ

4. Implementation of Locality Specific Mitigation Plan

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Laboratory Methods Laboratory methods for scientifically significant paleontological resources recovered during construction include 1) fossil specimen preparation; 2) data entry; 3) specimen and locality data compilation; 4) analysis, inventory, and pre-curation; 5) transfer to a federally approved paleontological repository that meets DM- 411 curation standards; and 6) curation in a museum collection. These tasks are described below.

5.1.4.1 Fossil Specimen Preparation This critical procedure will take place at a properly equipped and secure facility, and all scientifically significant fossils collected from BLM and state land (as well as private land if land owners elect to donate fossils to a museum as described above) will be prepared to the point of curation. Medium- and large-sized vertebrate, invertebrate, and plant fossil specimens will be prepared using standard mechanical fossil preparation techniques. In the case of larger specimens, the first step will consist of the removal of a portion of the protective plaster jacket. Encrusting sedimentary rock matrix will be removed using awls, chisels, hammers, pin vises, and air scribes. In some cases, especially with fossil leaves, a supporting platform of rock matrix can be retained for structural support. Poorly mineralized bones will require treatment with hardeners and consolidants such as vinac and butvar to add strength. Broken bones will be glued back together using adhesives such as cyanoacrylate, acryloid, vinac, and marine epoxy. In some cases, taxidermy putty can be used to provide additional structural support to extremely fragile portions of fossil specimens such as skulls and long bones. The final stage of preparation for many large vertebrate fossils is the construction of a supporting cradle using fiberglass, rebar, and plaster. Many small vertebrate fossils are typically recovered by screen washing of fossiliferous matrix. A variety of techniques will be used to prepare vertebrate microfossils. Some small- and medium-size fossils will require minimal or no preparation because they will consist of complete teeth or bones with no encrusting matrix. Other microfossils will require preparation using a microscope to remove residual matrix with a pin vise and repair broken fossils. Fossiliferous concentrate that is screen washed from bulk matrix samples may require heavy liquid separation followed by picking under a microscope.

5.1.4.2 Data Entry All field data recorded during construction monitoring (daily progress reports, monitoring forms, photographs, photo logs, GPS data, fossil locality forms) will be uploaded to a secure server by paleontological field crews on a nightly basis for review by the exp Resource Manager and the TC Compliance Manager. Each PRM will complete all sections of the forms and start a new form for each day of work and/or each area monitored. These data will be used to prepare the final monitoring report and permit reports per agency requirements. Fossil locality forms will be completed only when fossil discoveries are made, and a form will be completed regardless of fossil significance.

5.1.4.3 Specimen and Locality Data Compilation Field locality numbers will be assigned to each geographic and stratigraphic location where fossils are discovered. These data are recorded at the time of fossil discovery, prior to laboratory preparation and fossil identification. All fossil specimens will be labeled with their taxonomic identification, morphological description, and field numbers at a minimum. This will prepare them for pre-curation (see 5.1.4.4).

5.1.4.4 Analysis, Inventory, and Pre-Curation of Fossils Following fossil preparation, all fossils will be identified, sorted, and inventoried. Fossils will be identified to the lowest taxonomic level, ideally to the level of genus if the quality of preservation makes such precise identifications possible. Sorting involves the organization of fossils into like taxonomic groups. In addition to a taxonomic assignment, the preserved fossil element(s) will be described (e.g., left humerus, right dentary with P/4, and distal phalanx). Paleontological specialists will be used as needed to provide fossil identifications. Pre-curation involves placing the fossils with their labels in conservation quality containers in preparation for transfer to the paleontological repository.

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5.1.4.5 Paleontological Repositories All fossils collected from federal or state land or collected from private land for donation to a museum with land owner consent, will be delivered to a designated paleontological repository within 60 days of the termination of field work for the Project in Montana unless an extension is provided by the BLM or SHPO/DNRC. Repositories for the Project include the MOR with right of first refusal for all fossils collected in Montana, and the SDSM or DMNS for fossils that the MOR elects not to accession. Museums are not obligated to accession fossil specimens that are considered by the curator to be non-significant and/or fall outside of the collections and research focus of the institution.

5.1.4.6 Museum Curation This is an important process that takes place at a museum once the fossils have been delivered. Curation involves the assignment of unique museum catalogue numbers, identification of individual fossil specimens (i.e., confirmation of previously made identifications), assignment of museum fossil locality and unique specimen numbers, preparation of museum locality forms, entry of specimen catalogue and locality data into the computer database, printing of specimen labels, writing of catalog numbers on the actual fossil specimens (or on corks and vials for small specimens), placement of the specimens and labels into archival specimen trays or vials, and permanent storage of the specimens in archival cabinets or open shelves (for large specimens) in the research collections of the museum. Note that the museum, as the official paleontological repository for fossils collected from BLM and state lands or collected from private lands for donation to a museum with land owner consent, will make a final determination as to which fossils should be accessioned based on their quality, scientific significance, and relevance to the museum’s collections and research focus and the availability of storage space. Copies of all field notes, locality forms, locality maps, and photographs, and any other documentation including a copy of the final report, will be provided to the museum.

Final Report Upon completion of the construction mitigation monitoring program for each construction spread, final paleontological monitoring reports will be prepared using BLM requirements (BLM IM 2009-011 [2008] and BLM Manual and Handbook H-8270-1 [1998]). Three reports for each spread will be prepared (if applicable): one for BLM land, one for state land, and one for private land. Copies of the respective reports will be provided to the Montana BLM State Office and, the Miles City Field Office (BLM land), the Montana SHPO and DNRC (state land).. The final monitoring report for each construction spread will be submitted for agency review 90-days after the completion of paleontological monitoring. Table 4 provides the agency contacts for report review in Montana. An annual BLM permit report documenting the monitoring program on BLM lands will be submitted at the end of every calendar year regardless of whether the monitoring program is ongoing. A copy of each final monitoring report will also be provided to each paleontological repository. Smithsonian trinomial numbers will be obtained for all significant fossil localities. Per BLM (1998, 2008) requirements, the reports will include, but not be limited to, the following information: 1) name, affiliation, address, date of report, and permit number of the PPI; 2) Project name and number, name of proponent, and general location of the Project; 3) date(s) of the monitoring and names of all personnel assisting with the Project; 4) a description of the Project and expected impacts to paleontological resources; 5) a summary of mitigation performed; 6) a detailed description of findings, including important discoveries and the scientific significance of the fossils collected, as well as research implications and recommendations for future work; 7) a description of potentially fossiliferous areas to allow for future assessment of localities, even if no fossils were documented during the construction monitoring program; 8) completed BLM locality forms 8270-3 or equivalent for each new locality using UTM NAD 83 coordinates, and 1:24,000-scale maps with new localities plotted using points, lines, or polygons as appropriate as well as GIS shapefiles (locality forms, maps, and any other information containing specific fossil locations should be bound separately or assembled as a separate section to allow for preservation of confidential locality data); and 9) an inventory of field numbers, specimens, and taxonomic identifications and descriptions of all fossils. All data will also be provided to the BLM and other agencies in electronic format.

18 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Table 4. Agency Contacts for Report Review

Report Title Agency Recipient Mailing Address Email Address

Paleontological 225 North Roberts, Helena MT 59620- Monitoring Report, Montana SHPO Stan Wilmoth 1201 (406-444-2694) [email protected] Keystone XL Pipeline, Montana Private Lands 1520 East Sixth Avenue, Helena MT

Montana DEQ James Strait 59620-0901 (406-444-7675) [email protected] 225 North Roberts, Helena MT 59620-

Montana SHPO Stan Wilmoth 1201 (406-444-2694) [email protected] Paleontological BLM State 5001 Southgate Dr., Billings MT 59101 Monitoring Report, Office Greg Liggett (406-896-5162) [email protected] Keystone XL Pipeline, Montana Federal BLM Miles City 111 Garryowen Road, Miles City MT

Lands FO Doug Melton 59301 (406-233-2800) [email protected] 47285 US Highway 2, Malta MT 59538

BLM Malta FO Josh Chase (406-654-5100) [email protected]

Paleontological 225 North Roberts, Helena MT 59620- Monitoring Report, Montana SHPO Stan Wilmoth 1201 (406-444-2694) [email protected] Keystone XL Pipeline, Montana State Lands 8001 N. Montana Avenue, Helena MT

Montana DNRC Patrick Rennie 59602 (406-444-2882) [email protected] 6.0 Required Monitoring Locations

Pursuant to MDEQ (2011) requirements, paleontological monitoring of ground-disturbing activities is recommended for areas where required at all locations within the Project area that contain geologic units (formations and members thereof) with high and very high potential (PFYCs 4 and 5). These include the Judith River Formation, Hell Creek Formation, Fort Union Formation (Tongue River, Lebo, Tullock, and Ludlow members), and Flaxville Formation (see Table 2). Spot-check monitoring is recommended for areas where geologic units with moderate potential (PFYC 3) are present within the Project area. These include the Claggett Formation, Bearpaw Formation, Pierre Formation, and Fox Hills Formation. Monitoring is not required for areas where low paleontological potential (PFYC 2) geologic units are present within the Project area. These include a variety of surficial sedimentary deposits of late Tertiary and Quaternary age (see Table 2). No geologic units with very low (PFYC 1) or unknown (PFYC U) paleontological potential are within the Project area in Montana. Monitoring locations for the Project were determined using GIS to compare published geologic maps (See Table 2 caption for full list) and associated PFYC values for geologic map units to the locations of the Project centerline and associated infrastructure. It should be noted that geologic mapping, especially at the scale of 1:100,000 or larger, is imprecise. It is possible that areas mapped as having low paleontological potential may have high paleontological potential, and vice versa. Specific recommended monitoring locations are listed in Appendix B, and graphically portrayed in maps provided in Appendix C. In summary, full time monitoring is required for 190.07 miles along the Project centerline, and spot-check monitoring is recommended for 56.37 along the Project centerline. No monitoring is required for 38.92 miles along the Project centerline. For non-centerline infrastructure including auxiliary sites, pipe yards, contractor camps, water lines, and pump stations where ground disturbance is planned, full-time monitoring is required for 878.74 acres, and spot-check monitoring is required for 301.75 acres. No monitoring is required for 394.44 acres. In addition, full time monitoring is required for 34.92 miles of access roads where ground disturbance is planned, and spot check monitoring is required for 25.45 miles of access roads where ground disturbance is planned. No monitoring is required for the 13.90 miles of access roads. 7.0 Evaluation of New Proposed Work Areas

During construction, it is anticipated that variances from the approved Project footprint will be requested. These variance footprints will be approached with the same methodology that was used during the pre-

19 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019 construction existing data analysis and field survey phase of the Project. All new areas will be analyzed and surveyed if they extend beyond the current surveyed footprint and have the potential to contain scientifically significant surface fossils or evidence of subsurface fossils (e.g. exposures of fossiliferous bedrock). If a newly identified workspace is within the current surveyed footprint, the location will be evaluated based on its potential to contain scientifically significant surface fossils and any significant fossils will be collected using the same procedures followed for all field surveys completed for the Project to date. Field survey reports for variances will be submitted to the applicable agency. 8.0 Conclusion

This document serves as the Coordination Plan referenced in item 9a of the MDEQ MOU (2011) and is the final version of the PRMP for the Project in Montana. It specifies the precise locations within the Project APE where monitoring is required and describes procedures for fossil salvage and paleontological data recordation for non-extensive, isolated scientifically significant fossil discoveries. It includes procedures for agency and land owner notification, steps that construction personnel should follow in the event that an unanticipated or extensive paleontological discovery is made. As of March 5, 2019, the following tasks remain ongoing: 1. Analyze any future modifications to the Project location including additional paleontological record searches. 2. Surveys of all remaining areas will be completed before construction begins in that area, and survey reports will be prepared and submitted for agency review (see Table 4). A list of remaining tracts to be surveyed as of February 22, 2019 is provided in Appendix G. If fossils are collected during these surveys, they will be transferred to the land owner or repository as required. Any subsequent surveys that take place will not require an update to this PRMP. The field survey reports will describe any monitoring and mitigation recommendations and refer to the monitoring and mitigation procedures in this PRMP.

20 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

9.0 References

Bergantino, R.B. 1999a. Geologic and structure contour map of the Glasgow 30’ x 60’ quadrangle northeastern Montana. Montana Bureau of Mines and Geology Open File Report MBMG 390.

———. 1999b. Geologic map of the Malta 30' x 60' quadrangle, northeast Montana. Montana Bureau of Mines and Geology Open-File Report 389, 4 p., 2 sheet(s), 1:100,000.

———. 2001. Geologic and structure contour map of the Opheim 30’ x 60’ quadrangle northeast Montana. Montana Bureau of Mines and Geology Open File Report MBMG 440.

———. 2003. Geologic and structure contour map of the Whitewater 30’ x 60’ quadrangle northeastern Montana. Montana Bureau of Mines and Geology Open File Report MBMG 471.

Bergantino, R.N., and E.M. Wilde. 1998a. Geologic map of the Plentywood 30' x 60' quadrangle (bedrock emphasis) northeastern Montana. Montana Bureau of Mines and Geology Open-File Report 361.

———. 1998b. Geologic map of the Wolf Point 30' x 60' quadrangle (bedrock emphasis) northeastern Montana. Montana Bureau of Mines and Geology Open-File Report 358, 5 p., 1 sheet(s), 1:100,000.

Bureau of Land Management (BLM). 1998 (revised). Paleontology Resources Management Manual and Handbook. H-8270-1.

———. 2007. Potential Fossil Yield Classification (PFYC) System for Paleontological Resources on Public Lands. Instruction Memorandum No. 2008-009.

———. 2008. Assessment and Mitigation of Potential Impacts to Paleontological Resources. Instruction Memorandum No. 2009-011.

Browne, L.S., and P.C. Murphey. 2009. Paleontological Assessment of BLM Lands along the Steele City Segment of the Keystone XL Project, Montana: Addendum 1. SWCA Paleontological Report No. MT09-14278-01.

Johnson, S.L., G.E. Knauss, and P.C. Murphey. 2013. Paleontological Survey Report: BLM Lands along the Keystone XL Project, Montana: Addendum 4. SWCA Paleontological Report No. MT13-15729- 03 (Draft Submitted to exp).

Johnson, S.L., G.E. Knauss, P.C. Murphey, and A.K. Dongre. 2013. Paleontological Survey Report: Private Lands along the Keystone XL Project, Montana: Addendum 2. SWCA Paleontological Report No. MT13-15729-01 (Draft Submitted to exp).

21 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Knauss, G.E., L.S. Browne, and P.C. Murphey. 2008. Paleontological Assessment for BLM Lands along the Steele City Segment in Montana of the Keystone XL Project. SWCA Paleontological Report No. MT08-14278-01.

———. 2009. Paleontological Assessment of BLM Lands along the Steele City Segment of the Keystone XL Project, Montana: Addendum 2. SWCA Paleontological Report No. MT09-14278-02.

———. 2010a. Summary Report for the Paleontological Assessment of BLM Lands along the Steele City Segment of the Keystone XL Project, Montana: Addendum 3. SWCA Paleontological Report No. MT10-15729-03.

———. 2010b. Summary Report for the Paleontological Assessment of Private Lands along the Steele City Segment of the Keystone XL Project, Montana. SWCA Paleontological Report No. MT10-15729-01.

———. 2010c. Summary Report for the Paleontological Assessment of State Lands along the Steele City Segment of the Keystone XL Project, Montana. SWCA Paleontological Report No. MT10-15729-02.

Knauss, G. E., S.L. Johnson, P.C. Murphey, F.N. Peavey, and W.L. Epperson. 2012a. Paleontological Survey Report: Federal Lands along the Keystone XL Project, Montana: Addendum 4. SWCA Paleontological Report No. MT11-15729-01.

———. 2012b. Paleontological Survey Report: Private Lands along the Keystone XL Project, Montana: Addendum 1. SWCA Paleontological Report No. MT11-15729-02.

———. 2012c. Paleontological Survey Report: State and County Lands along the Keystone XL Project, Montana. SWCA Paleontological Report No. MT11-15729-03.

Knauss, G. E., S.L. Johnson, K. Zubin-Stathopoulos, P.C. Murphey, and A.K. Dongre. 2013. Paleontological Survey Report: State and County Lands along the Keystone XL Project, Montana: Addendum 1. SWCA Paleontological Report No. MT13-15729-02 (Draft Submitted to exp)

Montana Department of Environmental Quality (MDEQ). 2011. Memorandum of Understanding for Paleontological Resource Investigations Along the Montana Portion of the Keystone XL Pipeline Project.

Murphey, P.C., and L.S. Browne. 2010a. Paleontological Survey Report: State Lands along the Steele City Segment of the Keystone XL Project, Montana. SWCA Paleontological Report No. MT10-15729-08.

———. 2010b. Paleontological Survey Report: Private Lands along the Steele City Segment of the Keystone XL Project, Montana. SWCA Paleontological Report No. MT10- 15729-09.

22 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Murphey, P.C., L. Browne, and W.L. Shaver. 2010. Paleontological Assessment of BLM Lands along the Steele City Segment of the Keystone XL Project, Montana. SWCA Paleontological Report No. MT10-15729-07. Murphey. P.C., G. E. Knauss, L.H. Fisk, T.A. Demere, and Robert F. Reynolds. 2019. Best Practices in Mitigation Paleontology. Proceedings of the San Diego Society of Natural History, San Diego Natural History Museum, Department of Paleontology, no. 19, 43 p. Allen Press, Lawrence KS. Vuke, S.M., and R.B. Colton. 2003. Geologic map of the Terry 30' x 60' quadrangle, eastern Montana. Montana Bureau of Mines and Geology Open-File Report 477.

Vuke, S.M., P.A. Hargrave, and L.N. Smith. 2011. Geologic map of the Circle 30' x 60' quadrangle Dawson, McCone, and Prairie counties, eastern Montana. Montana Bureau of Mines and Geology Open-File Report 597.

Vuke, S.M., E.M. Wilde, R.N. Bergantino, and R.B. Colton. 2001. Geologic map of the Ekalaka 30' x 60' quadrangle, eastern Montana and adjacent North and South Dakota. Montana Bureau of Mines and Geology Open-File Report 430.

Vuke, S.M, E.M Wilde, R.B. Colton, and M.C. Stickney. 2001. Geologic and structure contour map of the Baker 30’ x 60’ quadrangle eastern Montana and adjacent North Dakota. Montana Bureau of Mines and Geology Open File Report MBMG 427.

———. 2003. Geologic and structure contour map of the Wibaux 30’ x 60’ quadrangle eastern Montana and adjacent North Dakota. Montana Bureau of Mines and Geology Open File Report MBMG 465.

Wilde, E.M., and R.B. Bergantino. 2004. Geologic and structure contour map of the Fort Peck Lake East 30’ x 60’ quadrangle eastern Montana. Montana Bureau of Mines and Geology Open File Report MBMG 498.

Wilde, E.M., and L.N. Smith. 2003. Geologic and structure contour map of the Richey 30’ x 60’ quadrangle eastern Montana. Montana Bureau of Mines and Geology Open File Report MBMG 475.

23 Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix A – Summary of Pre-Construction Survey Fossil Localities

This confidential appendix provides a table listing the locations of the localities that have been documented for the Project.

Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix B – Recommended Monitoring Locations

Appendix B: This confidential appendix provides a table listing the locations where monitoring will be conducted during construction for identified localities.

Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix C – Monitoring Location Maps

This confidential appendix provides maps of the Project area that depict where monitoring will occur, the underlying geology and the locations of the localities that have been documented for the Project.

Privileged Information: Do Not Release Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix D – Land Owner Fossil Locality Forms

Privileged Information: Do Not Release APPENDIX D: Land Owner Fossil Discovery and Receipt Forms

Notice ofFossils Collected on private Land Dear land owner, the fossils from the locrtity discovered during the paleontological survey conducted for lhe Keysrone-KL piperine project and described b"-t"r" h;-;;" been couected. As tne.lano o_tvner. lhese fossils are youi. property end are here being provided- to you as requested on ih€ ay'rrr'c" of Fossil Locality Discovery on ptivate Land forml ' D"a" Dt"*"",l,, 64r "f UTM Coordinites (NAD 83 Zone r3); F"-lt l"""tlty pRto #/$ ,

E Invenebrate [| Vertebrare

Munipk d'n@ur bone irEemhu;cffi ,erore. &d un dmr nlb€ Fa,.*, o*,*,. *,, ollll'J,TT":,1fi"T5ilff..::;xi:Tmm*"ssuoone. pos,btya scaput!, w6 tound panillly erposed in pl&€ on rh' $urhwest facing srope. foss' wood w6 arso fou"a ,r'" rou,r'*".t ru.i"g *ur. n" tht surf&e indi.ates - -r"ry.rr.*'," the posibiliry of m€ and perh9ps bener presered bones subsudce. "-u"r."i - Drd nct C!llc(+, ,L;ll h4W Ct)tt<'!r'tt( iat fixa,rl z;Lrrza. Px*i t5 l.i/Ll ..',,{ it.artrt ,,r h,l{ s,<.1<.

I her€ acknowledg€ r€ceipr ofnl€ fossils descnbed abov€.

Datet l'd>"ll

r",", ?-/r t / aot I

Thh fon to nlt he tigned bt tltc laad owq ot tiei h,lul rep@nbtile at ,he d\e oflo,sit detbdy. ,

Notice of Fossils Collected on private Land Dear land owner, the fossils from th€ locality discovered during the paleontological survey piperine project conductcd for the Keyston€ KL and described beiow havc now been colected. As the land orher, th€se fossils are your property and are her€ being provided to you as requested on the Notr'c? of Fossil Locdi|: Discover! on private Lan.l torm. Drte or piscovery: 6-02-2010 erretr: sec.:7 rn,"nrr,[i:sN- n,ng", e.]c (NAD UTM Coordinrtes 8.3 Zone t3 Form.tion: HellC.eek Fossil Loc.lity #/s: PR102MC00i. 100602"S1J-0t l-a O*"*lr,-v"*t" w"r,-.r*,t . Fossil TyDes (checkatt thrr lnvenebrare I venebme Briet Description of Fossils: tr I I'Jercnt! .crnL(d .rrr . ' _i.o,. r)utt 16 op( Thcnuhbcrofbonc lirgmenrs on thc snriacc hdicates drc pdssibilir,aofnorcand perhaps benerprcscpcd boncs subsnn.lce. 7 i ., ,. ,,

o',..1"75 l)

D,te: .i f l/':rv)l :

,"", l:i / i, ,/ii

Tta lotu to tt n hp iA'red b\ tl'e la"d .\ter t th?it tor fitl r.r]rctt^tuthp tt the r R it ta:tit dcliery Notice of Fossils Coll€cted on private Land Dear land oryner, the lossils from the localify discovered during fhe paleontological survey condxcted for th€ Keystone pipeline project KL and describcd n"trn n*" no* been conccted. As the land o\yner, these fossils are your propcrt-v tnd are here being provid€d to you as r€quested on the rvatrce of Fossil Locatiy Discover! oh privqte Land qormj ' D,te ofDiscoyery: 6-02,20i0 erretr: Sec.:7 r"""Jip,:'.r- u*"" t'TM Coordinates (!*AD 83:lone lJ): Fo.nrlion: Hell Creek ts"r.il L"."lit) 6, L",,d O;,9; , *eh;v"r;* p ;

X venebrare Bri.f Description ot tostils: lu,ului't" bon. ti"g."n" *-el* Tfu nurberofbone lrlemenrs o. the sudrce indicates rtE po$ibitiry ofmo,e And pe;trps r,"ir". p.r"."a r,*"r,".*,ri"".

)1 lt Drre: l't7)'\\'-\<

Date: i'(ii,t4:,t

fhtr[oM to rt6t b" rE.] hr ttre la d.rh/.r th.n ta|tnt rcyete d rt.t jtE thht etthsil n.h\.,\ Notice of Fossils Collected on Private Land Dear land owner, the fossils from the locality discovered during the paleontological survey conducted for the Keystone KL Pipeline Project and described below have now been collected. As the land owner, these fossils are your property and are here being provided to you as requested on the Notice of Fossil Locality Discovery on Privute Land form.

Date of Discoverv: 6-07-2010 OtrOtr: Sec.: 28 Townshin: 22N Range: 468 UTM Coordinates (NAD 83 Zone l3): Formation: Fon Union Fossil Locality #/s: PRl02MC0l1, 100607-WLS-01 Land Owner/s: David P. and Birdice M. Gibbs Fossil Types (check all that apply): [-l Trace X Ptant f-l Invertebrate ! Vertebrate Brief Description of Fossils: A concentration of fragmentary leaves, angiosperms and gymnosperrns, were documented in a drainage on the southeastern slope of a large hill' q f -qg.'- e,r-t-g Lel\ e-.-*cJ

Localitv Photo:

I here acknowledge receipt ofthe fossils described above.

qlq Date: I z" of 1

Date: 1-8- f t

Thisform to must be signed by the land owner or their lawful representative at the time offossil delivery' Notice of Fossils Collected on Private Land Dear land owtrer, the fossih from th€ localitj discovcred during the paleontologicsl survey conducted for the Keystone KL Pipellne Project and described helorv havc no$ been collectcd. As ihe land owner, these fossils ar€ your property rnd rre lrcre b€ing provided to you rs requesled on the lforr'cs of Fossil Locslitr Discoeery on Ptuate Land form.

DtreofDircoven: 61)9-2010 Ot.Ot: Sec.: 20 Tdrnhi.: 6N Rin!€: 6OE UTM Coordin'ts (NAD 8r Zin. rl): 5..mrriotr: F6d tJni.n t-eh. M6. Fosil Locrlitv 4/s: PRI02FA0OI. 100609-AMS-01 LntrdO{ncr/s: Robcn Wenz Io$il Tm€s (ch.ck dl lhzt roolv): I rn.e fil pt-t R vcrr€brare Briet Dgcriotion or Fo$il5; Muliplc bonc Aaghda. which say include panial lenebrae (phoro 2). w€re found o! surflce ofrhc.otrthwN 'hc taci.gslopeofa low risc {photo l). 'r i< :...-,.\tLai ,!l r;!L:, i:il.r1 r.- " :! -t'l r. .'/ :,1 ,t-t ;.i:': '

L...lirr Phoro:

n ,,'

I hetew acLao*lcdge re.ipr oftle tassG desc.ibed above

o"*. j-J)4Qc!) .ibi. xL P,l6iroros'n silr.rur

rh6knrtu un h. ne'.i h hin th?n tl\tut ttrrtre d|.at Entu olt *it t.rila1 'he ^''tt

Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix E – Repository Receipts

Privileged Information: Do Not Release APPENDIX E: Repository Receipts from MOR and SDSMT

Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix F – BLM Permit

Privileged Information: Do Not Release APPENDIX F: Copy of BLM Paleontological Resources Use Permit Form 8270-2 (Temporary) Permit number: (December 1994)

United States M 102444 Department of the Interior Bureau of Land Management Paleontological Resources Use Permit

A copy of this permit must be carried by the individual(s) named in Line 8 whenever fieldwork is in progress.

1a. Permittee: Paul C. Murphey lb. Affiliation: SWCA Environmental Consultants

2. Mailing Address: 3. Telephone number Office: 4614 Lonespur Ct Office: 303-514-1095 Oceanside, CA 92056 Fax: 760-758-4019 Office: SWCA Environmental Consultants, 295 Interlocken Boulevard, Field party: Suite 300, Broomfield, CO 80021 Fax:

4. Nature of authorized paleontological fieldwork: a. Survey and limited surface collection ---x OR b. Excavation ---

5 . Location of authorized paleontological fieldwork: BLM administered lands in Montana, North and South Dakota.

6. Authorized start date: 7. Expiration date: May 4, 2011 May 3, 2014

8. Name(s) of individual(s) responsible for planning, supervising, and carrying out fieldwork: Field Agents: Paul Murphey, Georgia Knauss, Stephanie Lukowski, Dale Hanson, Wendi Shaver Aubrey Shirk, Ben Burger, Justin Strauss, Nicole Peavey, Amanda Dopheide, Ed Welsh, Shawna Lynn Johnson, Field Monitors: Thomas Temme, Rachel Brown, Peter Kloess, and Matt Knauss, Katherine Card, Nicole Hurlburt.

9. Repository name and address: Museum of the Rockies, 600 W. Kagy Blvd, Bozeman, Montana 59717.

10. Special conditions are attached and must be adhered to.

Field Manager: Date:

Resources Date: BUREAU OF.LAND MANAGEMENT OFFICES MONTANA, NORTH DAKOTA AND SOUTH DAKOTA

MONTANA STATE OFFICE 5001 Southgate Drive Billings, Montana 59101 Telephone: (406) 896-5000 www.blrn.gov/mt

BILLlNGS FillLD OFFICE WESTERN MONTANA HILINE DISTRl CT 0 FFI CE 500] Southgate Drive DISTRICT OFFICE 501 South Second Street East Billings, MT 59]01 106 North Parkman! Malta, MT 59538 Telephone: (406) 896-5013 Butte,MT 59701 Telephone: (406) 654-5100 Telephone: (406) 533-7600

EASTERN Malta Field Office MONTANAfDAKOTAS Butte FieJd Office 501 South SecondStreet East DISTRlCT OFFICE 106 North Parkmont Malta, MT 59538 111 Garryowen Road Butte, MT 59701 Telephone: (406) 654-5100 Miles City, MT 59301 Telephone: (406) 533-7600 Telephone: (406) 233-2800 Oil & Gas Field Office Dillon Field Office 1101 15th Street North Miles City Field Office 1005 Selway Drive Great Falls, MT 59403 111 Garryowen Road Dillon, MT 59725 Telephone: (406) 791-7700 Miles City, MT 59301 Telephone: (406) 683-2337 Telephone: (406) 233-2800 GIasgow-FieraUffice ------~-- Missoula Field Office .5 Lasar Drive North Dakota Field Office 3255 Fort Missoula Road Glasgow, MT 59230 99.23rd Avenue W ,Suite A Missoula, MT 59804 TeJephone:(406) 228~3750 Dickinson, ND 58601 Telephone: (406) 329-3914 Telephone: (70l) 227-7700 Havre Field Office CENTRAL MONTANA 3990 Highway 2 West South Dakota Field Office DISTRICT OFFICE Havre, MT 59501 310 Roundup Street 920 NE Main Telephone: (406) 262-2820 Belle Fourche, SD 57717 Lewistown, MT 59457 Telephone: (605) 892-7000 Telephone: (406) 538-1900

Lewistown Field Office 920 NE Main Lewistown, MT 59457 Telephone: (406) 538-1900

Upper Missouri River National Monument. 920 NE Main Lewistown, MT 59457 Telephone: (406) 538-1900 November 2009

PALEONTOLOGICAL RESOURCES USE PERMIT STANDARD TERMS AND CONDITIONS

Sec. 302(b) of P.L. 94-579, October 21, 1976, 43 U.S.C. 1732 (PRPA, the Act, and 16 U.S.C. 470aaa et seq.)

1. All terms and conditions of this permit shall remain in effect, including reporting requirements, in perpetuity regardless of permit expiration date.

2. All paleontological resources collected on Bureau of Land Management (BLM) administered land under permit remain United States property administered by the BLM.

3. All fieldwork must be coordinated with the appropriate local BLM office paleontology coordinator in advance of fieldwork. 4. Specific locality data is confidential and will not be shared by the permittee, the repository, or other parties unless approved in writing by the BLM permitting officer.

5. The person listed as Permittee (Permit item 1a) is the Principal Investigator (PI) and is responsible for all actions under the permit, for meeting all permit terms and conditions, and the performance and actions of all other personnel. The PI is responsible for ensuring that all individuals working under this permit are: 1) aware of proper and safe field practices; 2) are informed of all the terms and conditions for the permit; and 3) complying with all terms and conditions.

6. All paleontological resource collections made under this permit and appropriate copies of associated records, including a copy of the permit, will be transferred to the approved repository by December 31 of the year in which it is collected. Exceptions must be coordinated with the assigned repository and noted in the annual report with an estimated timeline for transfer.

7. Unless otherwise agreed, all costs shall be borne by the Permittee, including costs of fieldwork, transportation, preparation, identification, cataloging, storage and curation at the designated repository.

8. BLM managers, staff, and/or designated representatives shall have access to the study area during or after performance of fieldwork, and may inspect all materials in place or removed.

9. Permits are valid only for the period specified and may be suspended for management purposes or for cause at the discretion of the BLM authorized officer. Notification of suspension shall be in writing. Fieldwork under these permits may also be halted temporarily by either verbal or written notice from the BLM authorized officer or BLM law enforcement for violations of permit terms and conditions or for administrative

page 1 purposes of the BLM. A suspension or revocation due to violation of these terms and conditions may affect the eligibility to hold or apply for related BLM permits.

10. Permit modifications, including additional terms and conditions, may be made by the BLM authorized officer at any time to address safety or other management concerns or issues. Permittee requests for modification must be in writing.

11. BLM must be notified in writing of any changes to information supplied on the permit application.

12. Permittees may not reassign this permit to any other institution, group, or individual. Any modifications to the permit must be approved in writing by the BLM authorized officer.

13. Permits are not exclusive, and the BLM reserves the right to authorize other uses of the land during the extent of any permit. Fieldwork shall be carried out in such a manner as not to impede other legitimate uses of the public lands, except when a provision has been made by the BLM authorized officer.

14. Other permittees may be engaged in paleontological work in the general area covered by this permit. Where conflicts with respect to areas of interest under a permit are not resolved between permittees, all affected permits may be suspended until the BLM authorized officer is satisfied that conflicts have been resolved.

15. A copy of this permit must be carried by all individuals named on this permit during all phases of field work.

16. Access to the field area is authorized only across BLM-administered lands. Permission for crossing or using private lands or lands administrated by another agency must be secured separately by the Permittee.

17. Special management areas may be present in the area covered by this permit. Yearly or seasonal restrictions may also be in effect. Additional restrictions on activities that are not identified in this permit may be necessary. Please contact the appropriate BLM office for details concerning local land use restrictions.

18. For Survey permits, surface disturbance activities must be kept to less than one square meter, be done only with hand tools, and be consistent with the purposes of the study. An excavation permit is required when surface disturbance exceeds these limits. All disturbances must be remediated by the Permittee.

19. No foreign materials, such as chalk, paint, latex or other molding material shall be applied to the outcrop without prior approval by the BLM and will be allowed only if damage to the fossil (e.g., track or trace) can be avoided. Digital documentation (e.g., photogrammetry) of the paleontological resources and associated surfaces must be

page 2 performed prior to molding and is encouraged for all paleontological resources left in situ.

20. The Permittee must notify the appropriate local BLM district, field or affected office of any evidence of, or actual disturbance or alteration of historical, archaeological, or Native American resources, whether done by Permittee or personnel, or an unrelated party.

21. Any stakes, flagging, or other temporary materials shall be removed upon completion of field activity. Permanent survey monuments or markers shall not be disturbed or removed during the course of field work.

22. Professional best practices must be followed including safety, field behavior, museum use, and Leave No Trace ethics. Leave No Trace: An Outdoor Ethic (www.lnt.org) includes, but is not limited to, restricting vehicular traffic to established roads and trails; cleaning up all camp and work sites; not damaging or cutting living trees; and taking proper precaution to prevent and suppress wildfires. All potential safety issues or illegal activities seen should be immediately reported to BLM or 911 authorities. Do not approach others on this directly if it could potentially put you or them at risk.

23. An annual report is required on or before December 31st of each year a permit is active. This report must cite all documentation and related reports done during that calendar year. A report must be submitted even if no work was done or no paleontological resources were collected during that year. Additional reporting requirements may be required for consulting permits or for multi-year projects or excavations.

24. Any destructive analysis, replication, recall or transfer of material or change of repository must be coordinated with the BLM authorized officer and the designated approved repository.

25. Any press release to the popular media issued from the proponent, Permittee, repository, or academic institution shall acknowledge the BLM. BLM public affairs specialists are available in each state to assist with developing talking points and press releases.

26. Any report, publication, paper, news article, film, television program, or other media resulting from work performed under the permit shall acknowledge the BLM and, where appropriate, cite the permit number and BLM office where the fieldwork was conducted. Copies of such material (as appropriate) will be provided to the BLM.

27. Exhibitions of material collected under this permit shall acknowledge the BLM.

28. Anyone acting under this permit shall indemnify the United States, including its bureaus and employees, against any liability for damage to life or property arising from the occupancy or use of BLM lands.

page 3 PALEONTOLOGICAL RESOURCES USE PERMIT SPECIAL TERMS AND CONDITIONS

CONSULTING PALEONTOLOGISTS

1. All standard terms and conditions (attached) apply except as modified below.

2. Use of additional personnel for field work is permissible, but Agents and Monitors (see below) must be authorized by BLM prior to field work. Resumes for these individuals must be submitted, preferably by the Permittee, for review by BLM.

Principal Investigator—The person listed as Permittee (Permit item 1a) is the Principal Investigator (PI) and is responsible for all actions under the permit, for meeting all permit terms and conditions, and for the performance of all other personnel.

Agent—Other qualified paleontologists may perform field work independently of the PI under the conditions of this permit. Resumes must demonstrate qualifications equivalent to those for Permittees. Agents must be listed on the permit under “Name(s) of individual(s) responsible for planning, supervising, and carrying out fieldwork” (item 8) or authorized in a separate letter from BLM. They must follow all permit terms and conditions applicable to field work and must carry a copy of the permit, included terms and conditions, and separate authorizing letter (if used) while in the field. Field work results must be reported to the PI, who will then submit required reports.

Monitor—Field work monitors may be utilized for on-site monitoring of surface-disturbing activities. The PI or an approved Agent must be in the field near enough to the monitor to allow for prompt examination of all fossil discoveries (within approximately two hours). Field work monitors must have sufficient field experience to demonstrate acceptable knowledge of field identification, collecting, and paleontological techniques.

Field Assistant—Additional personnel may be utilized during field work, but must be under direct and immediate supervision of either the PI or an Agent. Field assistants must have training or experience in identifying paleontological resources prior to performing field work. All discoveries must be immediately reported to the PI or Agent on site. Field assistants are not listed on the permit.

3. Project reports must be submitted to the appropriate BLM Field Office(s) and to the State Office within 30 days from the end of each completed project unless otherwise negotiated with the Field Manager. Fossil locality data is considered proprietary information and project reports or appropriate sections of reports should be labeled as such. Project reports should include the project name and any other designation, the nature of the project (ie. well pad, pipeline), dates of field work, personnel involved, exact location of the project, description of the affected area, description of survey methods applied, and BLM Form 8270-3 Paleontology Locality Form for each site where fossils were observed or collected, listing of fossils collected, and recommendations for further monitoring.

4. Annual and/or final reports under this permit should consist of a summary of work performed for each individual project. This summary should include the project name(s); the nature of the project (i.e. well pad, pipeline); dates of field work, broad description of the project location; and disposition of collections, including Repository Receipt for Collection. Annual or final reports must be filed by December 31 each year. Bureau of Land Management Montana/Dakotas State Office BLM Verification of Collections (completed by BLM) 5001 Southgate Dr. BLM Official: Billings, MT 59101 Date Received:

REPOSITORY RECEIPT FOR COLLECTIONS

Artifacts and specimens recovered from BLM-administered lands are Federal property, and must be managed in a manner consistent with Federal stewardship responsibilities for museum collections. Cultural or paleontological resource permits for collecting activities require that the permittee arrange for curation of artifacts and specimens in an appropriate repository. Collections must be deposited in a repository for curation within one year of completion of the permitted project, unless alternate arrangements have been approved by the BLM permitting official.

This Deposition of Museum Collections Confirmation and Inventory form is required as a condition of the permit and must be completed for all museum collections originating from BLM administered lands, with the associated documentation, to ensure collections are deposited in an appropriate curatorial facility. A receiving document generated by the repository may be substituted if it contains the same information as this form.

Instructions 1. All information requested on this form must be completed by the permittee and repository officials. 2. Permittees must provide an itemized inventory of the objects, lots, samples, and associated documentation to be deposited attached to this statement. The inventory must include site or locality designation, number of units per material type according to BLM and the repository standards. A complete collection includes: • All artifacts, specimens, and environmental materials collected with provenience data • All survey or excavation records and logs • All maps showing locations and boundaries • All valid photographs, negatives, and slides • All analysis records, and copies of all reports and publications 3. A repository official must acknowledge receipt of the collection. Before signing, the repository official should compare the inventory to the actual objects and records being deposited. 4. If the permittee and the Repository Official are the same individual, an additional Repository Official must be signatory to this form. 5. After this form has been signed by the repository official, the original form with the collection inventory must be submitted the BLM State Archaeologist by the permittee. 6. Upon submission to BLM, the BLM official may contact the repository to verify the inventory of collections deposited by the permittee.

Permittee Information Permit Number: Permittee Name: Address: City, State Zip Code: Telephone Number:

Certification of Collection Deposition in Repository by Permittee

I,______(Permittee) certify that ______(name of repository) has on this date, ______, accepted the collections of objects, lots, samples, and associated documentation described on the attached inventory. Signature: Date: Complete or Partial Deposit (check one) I certify that the inventory represents all materials and associated documentation from the work performed under this permit (complete deposit). I certify that this represents a portion of the materials and associated documentation. The attached sheet lists what materials are not yet deposited, the reason they are not deposited at this time and when they are expected to be deposited (partial deposit).

Curation Facility Information Repository Name: Address: City, State Zip Code: Telephone Number: Official Authorizing Receipt (name and title): Accession Number Assigned by the Repository:

Receipt of Collection Statement by Repository Official

I, ______(Repository Official) certify that the ______(name of facility) has on this date,______, accepted the collections of objects, lots, samples, and associated documentation described on the attached inventory from ______(permittee).

Signature: Date:

Attachment 2-1

Bureau of Land Management

COLLECTION INVENTORY FORM

Permit Number: Repository Name: Discipline: Archaeology Repository Accession Number: (check one) Paleontology

Unit Type Site or Locality Catalog Numbers object, bag, cubic feet, linear feet, Number or Field Specimen Numbers Material Type Quantity other (specify) Comments

Objects TOTAL ITEMS: Bags (lot) Cubic Feet (lot) Linear Feet (archival lot)

Attachment 2-2

BUREAU OF LAND MANAGEMENT OFFICES OF MONTANA, NORTH DAKOTA, AND SOUTH DAKOTA

MONTANA STATE OFFICE WESTERN MONTANA Glasgow Field Office (L020) 5001 Southgate Drive DISTRICT (B000) 5 Lasar Drive Billings, MT 59101 106 North Parkmont Glasgow, MT 59230 Telephone: (406) 896-5004 Butte, MT 59702 Telephone: (406) 228-3750 Telephone: (406) 533-7600 Billings Field Office (0010) Havre Field Office (L030) 5001 Southgate Drive Missoula Field Office (B010) 3990 Highway 2 West Billings, MT 59101 3255 Fort Missoula Road Havre, MT 59501 Telephone: (406) 896-5013 Missoula, MT 59804 Telephone: (406) 262-2820 Telephone: (406) 329-3914 Lewistown Field Office (L060) EASTERN MONTANA/ Dillon Field Office (B050) 920 NE Main DAKOTAS DISTRICT (C000) 1005 Selway Drive Lewistown, MT 59457 111 Garryowen Road Dillon, MT 59725 Telephone: (406) 538-1900 Miles City, MT 59301 Telephone: (406) 683-8000 Telephone: (406) 233-2800 Upper Missouri River Breaks Butte Field Office (B070) National Monument (L070) Miles City Field Office (C020) 106 North Parkmont 920 NE Main 111 Garryowen Road Butte, MT 59702 Lewistown, MT 59457 Miles City, MT 59301 Telephone: (406) 533-7600 Telephone: (406) 538-1900 Telephone: (406) 233-2800 Division of Oil & Gas (L002) North Dakota Field Office (C030) NORTH CENTRAL MONTANA 1220 38th Street North 99 23rd Avenue W, Suite A DISTRICT (L000) Great Falls, MT 59405 Dickinson, ND 58601 Telephone: (406) 791-7700 Telephone: (701) 227-7700 Malta Field Office (L010) 501 South Second Street East South Dakota Field Office(C040) Malta, MT 59538 Telephone: (406) 654-5100 309 Bonanza Street Belle Fourche, SD 57717 Telephone: (605) 892-7000

November 2016 Paleontology Contacts

Greg Liggett, MT932 Montana/Dakotas State Office 5001 Southgate Drive Billings, MT 59101 Telephone: 406-896-5162 Email: [email protected]

Eastern Montana Western Montana Miles City Dillon Doug Melton Shannon Gilbert Miles City Field Office Dillon Field Office 111 Garryowen Road 1005 Selway Drive Miles City, MT 59301 Dillon, MT 59725 Telephone: 406-233-2847 Telephone: 406-683-8033 Email: [email protected] Email: [email protected]

North Dakota Missoula Annette Neubert Jody Miller North Dakota Field Office Missoula Field Office 99 23rd Ave W, Suite A 3255 Fort Missoula Road Dickinson, ND 58601 Missoula, MT 59804 Telephone: 701-227-7781 Telephone: 406-329-3884 Email: [email protected] Email: [email protected]

South Dakota Butte Brenda Shierts Carrie Kiely South Dakota Field Office Butte Field Office 310 Roundup Street 106 North Parkmont Belle Fourche, SD 577717 Butte, MT 59701 Telephone: 605-892-7028 Telephone: 406-533-7624 Email: [email protected] Email: [email protected]

Central Montana Hiline Lewistown Havre, Glasgow, or Malta Zane Fulbright Josh Chase Lewistown Field Office Havre Field Office 920 ME Main 3990 Highway 2 West Lewistown, MT 59457 Havre, MT 59501 Telephone: 406-538-1923 Telephone: 406-262-2840 Email: [email protected] Email: [email protected]

Billings Field Office Jennifer Macy Billings Field Office 5001 Southgate Dr. Billings, MT 59101 Telephone: 406-896-5234 Email: [email protected]

Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix G – Tracts Remaining to be Surveyed in the Montana Portion of the Project as of 2/22/2019

Privileged Information: Do Not Release Appendix G – Tracts Remaining to be Surveyed in MT

Tract Type Tract ID PROJ_TYPE NAME CAR_ID SURVEYED SURVEY_STATUS RR ML-MT-FA-00403.0RR Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-FA-00410.000 Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-FA-00400.000 Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED RR AR-MT-DA-10450.0RR Access Road CAR-128 Survey Needed FIELD SURVEY REQUIRED RR AR-MT-DA-10445.0RR Access Road CAR-128 Survey Needed FIELD SURVEY REQUIRED PRIVATE PS13-MT-DA-10080.000 Access Road CAR-128 Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-DA-00460.000 Access Road CAR-128 Survey Needed FIELD SURVEY REQUIRED PRIVATE AR-MT-FA-13025.000 Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED PRIVATE AR-MT-FA-13020.000 Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED PRIVATE AR-MT-FA-13030.000 Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED PRIVATE AR-MT-FA-13015.000 Access Road CAR-TBD Survey Needed FIELD SURVEY REQUIRED PRIVATE PS13-MT-PR-10225.000 Access Road CAR-128 Schmidt Option Survey Needed FIELD SURVEY REQUIRED CAR-128 Culvert Area RR AR-MT-DA-10450.0RR Access Road Access Survey Needed FIELD SURVEY REQUIRED RR AR-MT-DA-10450.0RR Access Road CAR-128 BNSF Option Survey Needed FIELD SURVEY REQUIRED FED ML-MT-VA-00155.000 CL ROW Survey Needed FIELD SURVEY REQUIRED FED ML-MT-VA-00160.000 CL ROW Survey Needed FIELD SURVEY REQUIRED FED ML-MT-FA-00045.000 CL ROW Survey Needed FIELD SURVEY REQUIRED FED ML-MT-MC-00425.000 CL ROW Survey Needed FIELD SURVEY REQUIRED FED ML-MT-PR-00145.000 CL ROW Survey Needed FIELD SURVEY REQUIRED FED ML-MT-PR-00150.000 CL ROW Survey Needed FIELD SURVEY REQUIRED LCL GVMNT CC02-MT-FA-10440.000 Access Road CAR-431 Survey Needed FIELD SURVEY REQUIRED PRIVATE AR-MT-DA-00010.000 Access Road CAR-029C Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-DA-00090.000 Access Road CAR-029C Survey Needed FIELD SURVEY REQUIRED LCL CY-02 GVMNT CC02-MT-FA-10440.000 Aux. Site SITE 1 Survey Needed FIELD SURVEY REQUIRED Access Road ML-MT-PH-00045.000 Access Road CAR-001A Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-FA-00810.000 CL ROW Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-FA-00820.000 CL ROW Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-FA-00520.000 Water Source Access CAR-441 Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-FA-00590.000 Water Source Access CAR-452 Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-MC-00435.000 Water Source Access CAR-025A Survey Needed FIELD SURVEY REQUIRED PRIVATE ML-MT-VA-00085.000 Water Source Access CAR-438 Survey Needed FIELD SURVEY REQUIRED

Keystone XL Pipeline Paleontological Resource Mitigation Plan – Montana KXL1399-EXP-EN-PLN-0135 April 29, 2019

Appendix H – UDP Flow Chart

Privileged Information: Do Not Release UDP Flowchart – Paleontological Resources KXL1399-EXP-EN-DI-0001

Discovery by Project Personnel

HALT Construction within 150 ft of the discovery and CALL EI

EI notifies Paleontological EI notifies Resource EI notifies Environmental Monitor Manager Compliance Managers

Monitor will Evaluate the Discovery and make an Assessment

Non- Significant or EI Contacts Land Agent Significant Extensive to Notify Landowner Discovery Discovery Private land

State or Federal Lands Landowner Decision Resource within 48 hours Manager and PPI Approves Resource Manager or PPI Assessment Contacts State Agency Significant - within 48 hours Extensive - Immediately

Resource Manager Significant Locality Extensive Locality Significant Locality Notifies LEI/EI Fossils are Locality Specific Fossils are Collected/ Mitigation Plan is Collected/Salvaged or Halted Salvaged Prepared left in place per Construction Landowner Decision May Proceed

Submitted to State Agency for 7 -day Review Resource Documentation Provided in Implementation of Spread Report Mitigation Plan

Resource Manager notifies LEI/EI

Halted Construction May Proceed

Resource Documentation Provided in Spread Report

UDP Flowchart – Paleontological Resources KXL1399-EXP-EN-DI-0001 Contact List:

Name Title Phone Gayle Konik Environmental Compliance Manager 713.331.2376 James Yung Environmental Compliance Coordinator 832.370.7951 Erin Salisbury Resource Manager 970.946.8698

Key:

LEI – Lead Environmental Inspector

EI – Environmental Inspector

PPI – Paleo Principal Investigator