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HomeMy WebLinkAbout20140957 Ver 2_USACE suspension letter_20181120REPLY 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 (910) 251-4952 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