The West Virginia Rivers Coalition and 22 other organizations (including ABRA and
several of its members) filed comments on July 26 with the West Virginia Department of
Environmental Protection’s (WVDEP) proposed modification of Nationwide Permit 12 (NWP 12),
Construction activity on the Atlantic Coast Pipeline was suspended several months ago as the result of a stay from the Fourth Circuit Court of Appeals regarding a successful challenge to the endangered species biological opinion that had been issued by the U.S.
On April 24th the West Virginia Department of Environment Protection (WVDEP) approved its modification of the state’s 401 Certification of the Army Corps of Engineers’ 404 Nationwide Permits. In its approval, WVDEP decided against the proposed Standard Condition 22 that would have allowed it to waive or modify any standard or special condition which would have set a very bad precedent.
The U.S. Army Corps of Engineers filed a motion on January 18 with the Fourth Circuit Court of Appeals for a remand and vacating of the permit that the Huntington District of the Corps had issued for the Atlantic Coast Pipeline (ACP) to cross rivers and streams and West Virginia.
Modifications to the West Virginia regulations covering stream crossings for pipelines and similar projects have been proposed by the state’s Department of Environmental Protection. The modifications address the issue of the state’s existing requirement governing the timeframe within which stream crossing must be completed within 72 hours.