20140957 Ver 2_USACE suspension letter_20181120

REPLY TO
ATTENTION OF:
Regulatory Division
SAW -2014-01558
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVE
WILMINGTON, NC 28403
November 20, 2018
NOTICE OF NATIONWIDE PERMIT 12 VERIFICATION SUSPENSION
Atlantic Coast Pipeline, LLC
Attn: Ms. Leslie Hartz
707 East Main Street, 19th Floor
Richmond, Virginia 23219
Dear Ms. Hartz:
I am writing you per your request, dated November 20, 2018; regarding the February
9, 2018 Department of the Army permit verification letter (SAW -2014-01558) issued to
you authorizing under Nationwide Permit (NWP) #12, impacts to waters of the U.S. at
552 single complete projects, or crossings of Waters of the U.S. within North Carolina.
These impacts facilitate the installation of a 186 mile natural gas pipeline in North
Carolina known as the Atlantic Coast Pipeline (ACP).. On November 7, 2018, the United
States Court of Appeals for the Fourth Circuit stayed the Corps' verification of ACP's
compliance with the NWP 12 in West Virginia. Because of that order, it is uncertain
whether NWP 12 will ultimately be available to authorize work for ACP in North
Carolina.. Therefore as requested, the Wilmington District finds it appropriate to
temporarily suspend your authorization and await clarity on this issue.
Exercising our authority under 33 CFR §330.5, we hereby suspend the February 9,
2018, authorization to conduct work under NWP 12. Effective immediately you must
stop all activities being done in reliance upon the authorization under the NWP. You
may take measures necessary to stabilize any work in progress. This suspension will
remain in effect until the authorization is reinstated, modified or revoked.
Within 10 days of receipt of this notice of suspension, you may request a meeting
with the Wilmington District to present information on this matter. After completion of
such meeting or within a reasonable period of time after this notice, if no meeting is

2
requested, the Corps may take action to reinstate, modify or revoke the authorization. If
you have any questions and/or concerns about this permit verification suspension,
please contact me via telephone at [phone] or via email at
scott. c. mcle ndon (n, usace.army-.mil.
Sincerel ,
"Scott MC
on
Chief, Regulatory Division
WilmingtonDistrict
Cc (via e-mail):
Mike Hatten (Corps -- Huntington District)
Peter Kube (Corps — Norfolk District)
Brian Bridgewater (WV DEP)
Kevin Bowman,Federal Energy Regulatory Commission
Karen Higgins NC Division of Water Resources