Appeal: 18-1173 Doc: 40-3 Filed: 05/22/2018 Pg: 1 of 3 EXHIBIT 2 TO SECOND MOTION FOR PRELIMINARY RELIEF EMAIL EXCHANGE BETWEEN DEREK TEANEY, COUNSEL FOR PETITIONERS, AND DAVID GUNTER, COUNSEL FOR RESPONDENTS, REGARDING REQUEST TO CORPS FOR STAY PENDING REVIEW (MAY 21, 2018) Appeal: 18-1173 Doc: 40-3 Filed: 05/22/2018 Pg: 2 of 3 Monday, May 21, 2018 at 11:39:37 PM Eastern Daylight Time Subject: Re: MVP verifica.on Date: Monday, May 21, 2018 at 2:56:04 PM Eastern Daylight Time From: Derek Teaney To: Gunter, David (ENRD) CC: Sibley, Trey, DeBergh, James V CIV USARMY CEHQ (US) Dave and Trey -As I discussed with Dave, Pe..oners contend that the en.re verifica.on should be stayed pending review. We construe the Corps' posi.on ar.culated below and in telephone calls with Dave to be a par.al denial of Pe..oners' request for stay. We appreciate the Corps' efforts to move quickly in response to our May 15 le^er. Nonetheless, Pe..oners intend to file a mo.on with the Court on Tuesday May 22, 2018, seeking a stay for the dura.on of the li.ga.on and applicable to all stream crossings. I remain available to discuss these ma^ers, so don't hesitate to call me or email me. Best regards, Derek From: Gunter, David (ENRD) Sent: Monday, May 21, 2018 11:13:32 AM To: Derek Teaney Cc: Sibley, Trey; DeBergh, James V CIV USARMY CEHQ (US) Subject: MVP verifica.on Derek, Last Friday we discussed the Corps’ intent to invoke the procedures of 33 C.F.R. 330.5 to resolve the poten.al issue that you raised in your May 15 le^er. You told me that your client would agree not to file a second stay mo.on in the Fourth Circuit if the Corps would suspend its verifica.on under that regula.on, and you gave us un.l noon today. I’m wri.ng to let you know that the Corps does intend to suspend its verifica.on for the four crossings iden.fied in your le^er while it works to resolve this issue. The agency is currently working on a drah le^er and, based on what I have heard, I expect it will be signed by Wednesday. I hope you will appreciate that we are working on this issue in good faith and this is an unusually fast response, even if we won’t have a final le^er today. Please let me know your inten.ons so we can be prepared to respond if necessary, or if you would like to discuss your Friday briefing deadline. Thanks, David Gunter United States Department of Jus.ce Environment and Natural Resources Division P.O. Box 7415 Washington, DC 20044 (202) 514-3785 EXHIBIT 2 TO SECOND MOTION FOR PRELIMINARY RELIEF Page 1 of 2 Appeal: 18-1173 Doc: 40-3 Filed: 05/22/2018 Pg: 3 of 3 EXHIBIT 2 TO SECOND MOTION FOR PRELIMINARY RELIEF Page 2 of 2