20140957 Ver 2_Temporary Suspension Request Letter_20181120

7 EaMain Street
Richmond, VA 23219{1
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November 20 2018
Mr. Scott McLendon
Chief, Regulatory Division
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
By Email: Scott. C.hcLendon �asace. arsr��. i{
Re: Atlantic Coast Pipeline
Dear Chief McLendon:
On behalf of Atlantic Coast Pipeline, LLC ("Atlantic"), we respectfully request a temporary suspension of the
Corps' authorizations under NWP 12 for all jurisdictional project impacts within the Wilmington District to be
effective as of the close of business today. As you know, on November 7, 2018, the Fourth Circuit Court of
Appeals ordered a temporary stay pending review of the Corps' NWP 12 reverification for Atlantic in the
Huntington District. The Court did so based on arguments raised by petitioners regarding West Virginia
Department of Environmental Protection ("WV DEP") Special Conditions C and L as they relate to Atlantic's
proposed crossing of the Greenbrier River in West Virginia. Notwithstanding the stay, Atlantic continues to
believe that the crossing complies with all relevant conditions, including C and L, and we will vigorously defend
the Corps' reverification on the merits of the appeal, which remains pending before the Fourth Circuit. We do
not believe that the state -based 401 issues in West Virginia directly affect or undermine Atlantic's verification in
the Wilmington District because those issues are capable of being resolved without triggering an individual 404
permit and because Atlantic is otherwise able to comply with all applicable NWP 12 conditions. Nonetheless,
to avoid confusion and the risk of additional, unnecessary litigation, Atlantic is requesting a temporary
suspension from the Norfolk District (as well as Pittsburgh and Norfolk).
We note that WV DEP has proposed modifications to its 401 conditions applicable to NWP 12 and is expected
to finalize those modifications shortly. Those modifications may resolve (or at least provide a process for
resolving) the concerns raised by petitioners in the Huntington District. Once finalized, we would expect
Atlantic's existing verifications to be reverified and modified, as well. In light of the pending litigation in the
Huntington District and the impending modifications by WV DEP, we believe that an administrative suspension
of the Corps' authorizations under NWP 12 in the Wilmington District would be appropriate and would give
Atlantic, the Corps and WV DEP the opportunity for further consultation on these issues.
In support of this request, Atlantic plans to halt any new work authorized under NWP 12 at all jurisdictional
stream and wetland crossings located within the Wilmington District effective as of the close of business today,
subject to a reasonable period of time to stand -down existing in -stream work, demobilize equipment and
construction personnel, and stabilize impacted areas to ensure environmental protections.
Sincerely,
Leslie Hartz
Authorized Representative