20221576 Ver 1_Public Notice_20221122

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: November 22, 2022
Comment Deadline: December 22, 2022
Corps Action ID Number: SAW-2014-00610
The Wilmington District, Corps of Engineers (Corps) received an application on
November 8, 2022, from VinFast Manufacturing US, LLC seeking Department of the
Army authorization to permanently discharge dredged or fill material into a total of 3,688
linear feet of stream channel, 22.789 acres of wetlands, and 1.0 acre of open water
impoundments, and temporarily discharge dredged or fill material into a total of 4,095
linear feet of stream channel and 14.292 acres of wetlands, associated with developing
an electric vehicle (EV) manufacturing complex and associated infrastructure in
Chatham County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www. saw. usace. army. m i l/M issions/Requ latory-Perm it-Program/Publ ic-Notices/
Applicant/Co-Applicant: Mr. Thi Van Anh Nguyen
VinFast Manufacturing US, LLC
160 Mine Lake Court, Suite 200
Raleigh, North Carolina 27615
Mr. Jeffrey L. Teague
North Carolina Department of Transportation
Division of Highways, Division 8
121 DOT Drive
Carthage, North Carolina 28327
AGENT (if applicable): Mr. Jason Hartshorn
Kimley-Horn
421 Fayetteville Street, Suite 600
Raleigh, North Carolina 27601
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
Section 404 of the Clean Water Act (33 U.S.C. 1344)
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❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Location Description:
Project Area (acres): -2,534
Nearest Town: Moncure, NC
Nearest Waterway: Shaddox Creek, Gulf Creek, Haw River, Deep River, Wombles
Creek, Little Shaddox Creek, Hughes Creek, Copper Mine Creek, Gum Fork,
Little Buffalo Creek.
River Basin: Cape Fear; Hydrologic Unit Codes (HUCs) 03030002, 03030003, and
03030004
Latitude and Longitude: 35.614384 N,-79.018704 W
The proposed project (Project) consists of three major components: "Project Blue",
"NCDOT STIP# HE-0006", and "Utilities."
Project Blue:
Project Blue, as shown on the "Project Blue Vicinity Map" below, comprises
approximately 1,300 acres of land within the larger Triangle Innovation Point (TIP)
development area in southeastern Chatham County, North Carolina. This site is located
approximately 3.5 miles east of Moncure and 1.0 mile west of Shearon Harris Reservoir,
approximately 0.5 mile west of the Wake County line. Project Blue is bounded by Old
US-1 (SR 1011) to the north, Corinth Road (SR 1916) and Moncure Flatwood Road (SR
1924) to the south, Shaddox Creek to the west, and Christian Chapel Church Road (SR
1912) to the east.
NCDOT STIP# HE-0006:
HE-0006, as shown on the "HE-0006 Vicinity Map" below, would include approximately
6 miles of roadway improvements in the southeastern area of Chatham County to
improve the connection between US Highway 1 (US-1) and the Project Blue site. These
sites are primarily centered along the existing interchanges of US-1 with Pea Ridge
Road (SR 1972) and Old US-1 (SR 1011), and generally extending south to the Project
Blue site.
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Preiact Blue Vicinity Man
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Figure 1A: Project Blue Vicinity Map
Project Blue Site
Moncure, Chatham County, NC
July 2022
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NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION 8
STIP HE-0006
Tnangle Innovation Point
Roadway Network Improvements
Chatham County
Figure 1 B: Vicinity Map
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Utilities:
The proposed offsite utility connections to the Project Blue development would include
sanitary sewer and water infrastructure provided by the City of Sanford (see "Sewer and
Water Vicinity Map" below), power from Duke Energy Progress, Inc. (Duke Energy), and
natural gas infrastructure provided by Dominion Energy, Inc (see "Natural Gas Vicinity
Map" below). All infrastructure improvements would be constructed in phases to align
with the construction schedule for Project Blue and anticipated staffing and production
timelines.
Phase 1 of the proposed City of Sanford sanitary sewer connection would extend
approximately 2.75 miles from existing infrastructure along Old US-1 (SR 1011) to
Woodland Road and through the western portion of the Project Blue Site. Phase 2 of
the sanitary sewer connection would extend approximately 13 miles from Iron Furnace
Road (SR 1463) in Sanford, Lee County to Corinth Road (SR 1916) southwest of the
Project Blue site. Phase 1 of the proposed City of Sanford waterline connection would
extend approximately 3.5 miles from Jordan Dam Road (SR 1970) west to Woodland
Road in the northwestern portion of the Project Blue Site. Phase 2 of the waterline
connection would extend 7.3 miles north from Poplar Springs Church Road (SR-1537)
to the Old US-1 and Corinth Road intersection, with an additional 3,000-foot extension
from Lower Moncure Road (SR 1002) to Moncure Pittsboro Road (SR 1012). Dominion
Energy proposes to extend an existing natural gas line located north of the Project Blue
site along Old US-1. The extension would construct approximately 2.24 miles of new
natural gas pipeline along Moncure Flatwood Road (SR 1924) and tie into the northern
portion of the Project Blue site.
Existing Site Conditions
The overall development, including Project Blue, STIP# HE-0006, and utilities, is
located within the Piedmont (45) Level III Ecoregion of North Carolina, and specifically
within the Triassic Basin (45g) Level IV Ecoregion. Per the 2002 Ecoregions of North
Carolina and South Carolina publication from the USGS, "The Triassic Basins of the
Carolinas occur in four narrow bands and have unusual Piedmont geology of
unmetamorphosed shales, sandstones, mudstones, siltstones, and conglomerates.
Local relief and elevations are often less than in surrounding regions, and, with rocks
that are easier to erode, stream valleys that cross the region tend to widen. Soils tend
to be clayey with low permeability, and streams have low base flows. The clay has a
high shrink -swell potential that can hinder construction; it is also utilized by many brick
makers in the region. A mosaic of mixed and deciduous forest, pasture, cropland, and
urban land cover occurs here."
Elevations within the Project Blue and HE-0006 areas range from 170 feet to 280
feet above mean sea level (MSL). The steepest slopes exist along drainages close to
Shaddox Creek. Multiple hill tops, ridgelines and drainages exist throughout the Site.
Although summaries of the existing site conditions are included below, detailed
descriptions of existing site conditions for each Project component are described in
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Sewer and Water Vicinity Map
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FIGURE IC:
Utilities
Vicinity Map
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Area
Figure 1 Project Location
Sanford -TIP Water and Sewer Improvements
Chatham and Lee Counties, NC
r.FREESENICHOLS 531 N. Liberty St
Winston-Salem, NC 27101
Coord,nate System: NAD 1983 StateMane North Carnhea 8195 3209 f eet
Corinth
0.03
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Legend
Natural Gas Easement
Project Blue Study Area
Feet
0 800 1,600
Kimley>>>Horn
Natural Gas Vicinity Map
Figure 30: Natural Gas USGS Topographic Map
Project Blue - Utilities
Chatham County, NC
October 2022
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Section 1.3 of the supplemental information located on the District Website at
https://www. saw. usace. army. m i I/Missions/Requ latory-Perm it-Program/Publ ic-Notices/.
Project Blue:
Project Blue is located within the unincorporated community of Moncure in southeastern
Chatham County and is within the zoning jurisdiction of Chatham County. The current
zoning of the Project Blue Site is Heavy Industrial District (IH). The approximately
1,300-acre Site is primarily composed of forestry tracts managed for timber production
with unimproved road corridors and utility easements crossing the Site in multiple
locations. Project Blue is located in the Cape Fear River Basin outside of the Jordan
Lake Water Supply Watershed, within HUCs 03030002 and 03030004.
Per the United States Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS) Soil Survey for Chatham County, 12 soil series are
mapped within the site. The majority of soil serries identified are non-hydric, though
27.1 % of soil series within the site have hydric inclusions.
The site is a mix of planted pine stands transected by a large overhead powerline
easement, with pockets of hardwood tree signatures and riparian systems dispersed
throughout. Select timber harvest operations have occurred over the years as recent as
2017. Invasive species commonly found in North Carolina such as autumn olive
(Elaeagnus umbellata), Chinese privet (Ligustrum sinense), Japanese wisteria (Wisteria
floribunda), and Japanese honeysuckle (Lonicera japonica) are prevalent throughout
different areas within the site. Japanese stilt -grass (Microstegium vimineum) was also
observed within the lower, mesic mixed hardwood areas. Upland areas consisted of
dominant species such as loblolly pine (Pinus taeda), sweetgum (Liquidambar
styraciflua), and red maple (Acer rubrum).
Potential waters of the US (WOUS) within this project component were delineated by
Kim ley -Horn over the course of 5 years from November 2017 to March 2022, identifying
17 individual streams totaling approximately 33,339 linear feet, 36 wetlands totaling
approximately 99.2 acres, and two open waters totaling approximately 0.36 acre. The
Corps issued a Preliminary Jurisdictional Determination (PJD) for the majority of this
area on July 19, 2022. A PJD request for the remainder of this area was submitted to
the Corps on November 3, 2022, and is currently under review.
The streams identified are all Unnamed Tributaries (UTs) to Shaddox Creek and appear
to be characteristic of surface water features in the Triassic Basin, composed of
primarily silt and sand substrate and prone to drying out during periods of low
precipitation and/or high evapotranspiration. These features all have an NCDWR Best
Usage Classification of WS-IV. Wetland types within the Site have been classified as
Bottomland Hardwood Forests, Headwater Forests, and Floodplain Pools based on the
North Carolina Wetland Assessment Methodology (NCWAM) classification system.
Stream and wetland functional assessment scores using NCSAM and NCWAM,
respectively, ranged from Low to High across the site.
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Within the headwater forest community, the canopy and understory species were
dominated by loblolly pine, black willow (Salix nigra), and sweetgum. Common species
observed in the herbaceous layer typically included Pennsylvania smartweed
(Polygonum pennsylvanica), Pennsylvania sedge (Carex pensylvanica) bushy knotweed
(Polygonum ramosissimum), and Japanese stilt -grass. Within the Bottomland
Hardwood Forest community, the vegetation was dominated by red maple, sweetgum,
and a few loblolly pines scattered throughout the canopy and sapling levels. Other
vegetation observed includes knotweed, Japanese silt -grass, dog fennel (Eupatorium
capillifolium), and common sedge (Carex sp.). Within the floodplain pool community,
the vegetation was dominated by sweetgum, common rush (Juncus effusus), and
broad -winged sedge (Carex alata). Other vegetation observed includes bulrush
(Scirpus sp.), and broadleaf cattail (Typha latifolia).
NCDOT STIP# HE-0006:
The roadway network improvements extend through an unincorporated area of
Chatham County, just east of the Haw River. The study area for the roadway network
improvements includes three noncontiguous areas encompassing proposed roadway
improvements. These areas generally include the vicinity of New Elam Church Road
(from just north of US-1 to just south of Old US-1), Pea Ridge Road (from just north of
US-1 to just south of Old US-1), and the Christian Chapel Church Road intersection with
NC 42. These areas are referred to as the NCDOT study area(s). The NCDOT study
area is largely characterized by wooded properties and established homes. Residential
uses are scattered along Old US-1, New Elam Church Road, and Pea Ridge Road, with
several clusters of homes along these roads and intersecting unpaved private roads.
One of these clusters, at Old US-1 and New Elam Church Road, comprises the
community of Merry Oaks. Businesses in the NCDOT study area are more prevalent
along Pea Ridge Road. The southern -most NCDOT study area (at NC 42) is wooded,
with several adjacent homes on large parcels. Access to a Harris Lake boat ramp is
just north of this portion of the DCIA on Christian Chapel Church Road (via Cross Point
Road). These areas are all located in HUC 03030002.
Per the USDA Soil Survey for Chatham County, 18 soil series are mapped within the
NCDOT study areas. The majority of soil series identified are non-hydric, though 24.6%
of these soil series are listed as partially hydric or have hydric inclusions.
The NCDOT study areas include five terrestrial communities, including
Maintained/Disturbed, Mixed Pine/Hardwood Forest, Pine Forest, Bottomland Hardwood
Forest, and Mixed Hardwood Forest. Upland forested areas consisted of dominant
species such as loblolly pine, sweetgum, red maple, shortleaf pine (Pinus echinata),
and American holly (Ilex opaca).
Potential waters of the US (WOUS) within this project component were delineated by
RK&K, identifying 25 individual streams totaling approximately 22,219 linear feet,
numerous ponds totaling 4.6 acres, and 85 wetlands totaling approximately 105 acres.
The Corps field -verified the delineation on August 12, 2022, and a PJD is pending.
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The streams identified are all UTs to Shaddox Creek or the Haw River, have an
NCDWR Best Usage Classification of WS-IV, and appear to be characteristic of surface
water features in the Triassic Basin. Wetland types within the Site have been classified
as Bottomland Hardwood Forests, Headwater Forests, Riverine Swamp Forest,
Hardwood Flat, Seep, Floodplain Pool, and Basin Wetlands based on NCWAM. Stream
and wetland functional assessment scores using NCSAM and NCWAM, respectively,
ranged from Low to High across the NCDOT study areas. Vegetation within the
delineated wetlands ranged widely but was generally consistent with species listed for
the Project Blue component.
Utilities:
The proposed offsite Utility Corridors are located in various directions stemming from
the Project Blue site and primarily run through undeveloped areas consisting primarily of
agricultural land, natural and planted forestry tracts, and riparian corridors. The Phase
1 and 2 water corridors cross the Haw River, Shaddox Creek, the Deep River and the
Cape Fear River, 11 wetland complexes, and 10 UTs of the Haw, Deep and Cape Fear
Rivers. Additionally, Phase 1 and 2 sewer corridors would cross the Haw River, Little
Shaddox Creek, Hughes Creek, Gum Fork, Little Buffalo Creek, Copper Mine Creek,
Wombles Creek, Shaddox Creek, and the Deep River, 15 wetland complexes, and 24
UTs of the Haw, Cape Fear, and Deep Rivers. No home sites or associated structures
are located within the Utility Corridor. Portions of the corridor utilize existing powerline
easements and roadway corridors. The Utility Corridor is located in HUCs 03030002,
03030003, and 03030004.
Per the USDA Soil Surveys for Chatham and Lee Counties, 39 soil series are mapped
within the proposed utility corridors. The majority of soil series identified are non-hydric,
though 14.4% of these soil series are listed as partially hydric or have hydric inclusions.
The utility corridors include similar terrestrial communities, to those described above
Potential WOUS within this project component were delineated by Freese and Nichols
in July and August 2022, identifying 47 individual streams totaling approximately3,717
linear feet and 85 wetlands totaling approximately 14.3 acres. A PJD request for these
areas was submitted to Corps on August 26, 2022, and is currently under review.
The streams identified are all UTs to or main stems of Shaddox Creek, the Haw and
Deep Rivers, Gulf Creek, Wombles Creek, Little Shaddox Creek, Hughes Creek,
Copper Mine Creek, Gum Fork, and Little Buffalo Creek. Wetland types within the Site
are Bottomland Hardwood Forests and Headwater Forest types, based on NCWAM.
Stream and wetland functional assessment scores using NCSAM and NCWAM have
not been completed for these areas. Vegetation within the delineated wetlands range
widely but are generally consistent with species listed for the Project Blue component.
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Applicant's Stated Purpose
The proposed Project purpose is to create an automotive manufacturing facility capable
of taking raw materials and producing finished electric vehicles for sale in the US. The
production facility would initially focus on the VF 8 and VF 9 Sport Utility Vehicles
(SUV), with additional models being manufactured at the Site as design and sales
progress. Manufacturing facilities proposed for the Site include the Press Shop, Body
Shop, General Assembly, Paint Shop, Final Car Lot, Gigafactory, supplier park, and
associated parking, along with the necessary supporting infrastructure such as
roadways, rail spur, utilities, and stormwater management facilities intended to address
the Site and local, regional, and state economic development needs. The proposed
work would benefit the state of North Carolina, Chatham County, and the Town of
Moncure by providing jobs and expanding the tax base through clean industry.
Project Description
VinFast would be responsible for the design, construction, and mitigation requirements
for the Project Blue portion of the Project. The North Carolina Department of
Transportation (NCDOT) would be responsible for the design, construction, and
mitigation requirements for the State Transportation Improvement Project (STIP) # HE-
0006) road improvements portion of the Project. Additionally, VinFast would be entering
into developer agreements with the City of Sanford, Dominion Energy, and Duke Energy
Progress to design, construct, and mitigate for the necessary offsite utilities connecting
to the Project Blue site. In addition to the information provided below, detailed
descriptions of the proposed Project components are provided in Section 2 of the
supplemental information located on the District Website at
https://www. saw. usace. army. m i I/Missions/Regulatory-Perm it-Program/Publ ic-Notices/.
Project Blue:
VinFast proposes the construction of a manufacturing complex within the approximately
1,300-acre Project Blue site, which would be constructed in multiple phases over the
next 2-5 years:
• Phase 1A is currently under construction and consists of approximately 205
acres of high ground uplands in the southeastern corner of the Site, accessed
from existing public roadway corridors. The Phase 1A build consists of multiple
manufacturing shops to take raw materials to finished vehicles and includes a rail
spur to provide connectivity from Phase 1A to the existing rail lines in the Site
and the adjacent CSX railroad. The Phase 1A layout would facilitate a stepped
manufacturing process flow and includes the following shops (described in
process order):
o Press Shop — takes raw coils of steel, cut them into blanks, and stamp
sheet metal parts for use on vehicles;
o Body Shop — takes body panels and frames and assembles the vehicle
body;
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o Paint Shop — paint and coating operations for the assembled vehicle
bodies;
o General Assembly — takes the painted vehicle bodies and assembles all
other components (battery, drivetrain, electronics, interior/exterior pieces);
o Final Car Lot — storage area for completed vehicles ready for shipping;
• Phase 1 B is the proposed roadway connection from the high ground in the
southeastern portion of the Site north to the proposed HE-0006 improvements at
that US-1/Old US-1 interchange. This roadway corridor would provide improved
connectivity within the Site and move vehicle and truck traffic off of the area
roadways to a more direct corridor between the Site and US-1;
• Phase 2 is the proposed Gigafactory that would produce the EV battery cells for
use in the vehicles being produced by VinFast on the Site, along with supporting
internal roadway infrastructure and parking areas;
• Phase 3 of the VinFast facility is an expansion of the interior roadway network,
providing a new roadway connection heading west to connect to the US-1 and
Pea Ridge Road interchange improvements proposed by NCDOT as STIP# HE-
0006. This interior roadway is planned to come online as VinFast ramps up
production on the Site and is anticipated to exceed traffic capacity for a single
interchange point of access to US-1 at Old US-1.
Stream and wetland impacts associated with Project Blue are associated with roadway
crossings of three different locations:
• Impact Site #1 (Stream S1 - Perpendicular Road Crossing): permanent
discharge of dredged or fill material into 215 linear feet (LF) of stream channel,
110 LF of which would not constitute a loss of stream channel, for culvert
installation and rip rap outlet protection;
• Impact Site #2 (Stream S13 and Wetland W15 - Perpendicular Road Crossing):
permanent discharge of dredged or fill material into 91 LF of stream channel and
0.009 acre of wetlands, necessary to extend an existing culvert carrying S13
beneath Moncure-Flatwood Road;
• Impact Site #3 (Stream S3 — Perpendicular Road Crossing): permanent
discharge of dredged or fill material into 159 LF of stream channel, 67 LF of
which would not constitute a loss of stream channel, for culvert installation and
rip rap outlet protection.
NCDOT STIP# HE-0006:
NCDOT proposes roadway network improvements, such as interchange creation/
modification, new location roads, and road widening, to support Project Blue. Proposed
roadway improvements are currently anticipated to include:
• Modifying the US-1 interchange with Old US-1 at Exit 84;
• Adding a new US-1 interchange with New Elam Church Road (SR 1910) (i.e.,
converting the existing overpass to an interchange);
• Realigning New Elam Church Road between US-1 and Old US-1 and upgrading
to a four -lane median -divided roadway (50 mph design speed) with limited
access control;
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• Constructing interchange access from realigned New Elam Church Road to Old
US-1 and spanning the railroad right of way with the interchange bridge;
• Modifying the existing US-1 interchange with Pea Ridge Road (SR 1972) at Exit
81
• Realigning Pea Ridge Road (SR 1972) between US-1 and Old US-1 and
upgrading to a four -lane median -divided roadway (50 mph design speed) with
limited access control;
• Constructing interchange access from realigned Pea Ridge Road to Old US-1
and spanning the railroad right of way with the interchange bridge;
• Improving the existing Pea Ridge Road intersection with Old US-1, including the
potential to add turn lanes and/or signalization;
• Upgrading Old US-1 to a multi -lane facility at the new interchanges with realigned
New Elam Church Road and realigned Pea Ridge Road;
• Improving the Christian Chapel Church Road (SR 1912) intersection with NC 42.
HE-0006 is included in the 2020-2029 State Transportation Improvement Program and
is state funded. It is currently programmed for planning and environmental study only.
Funding for the roadway network improvements and associated wetlands mitigation
needed to support the project would be through the state's Economic Development
Project Reserve.
HE-0006 is proposed to be constructed in two phases. Construction of HE-0006 Phase
1 is planned to begin in January 2023. However, this schedule is subject to change and
is contingent on funding. While the State of North Carolina has allocated funding for
HE-0006 Phase 1, funding for HE-0006 Phase 2 construction is expected to follow
notification from the industry that necessary job creation thresholds have been met. Per
North Carolina General Assembly Session Law 2022-74, the industry must meet a
target of 3,875 jobs prior to release of funds for Phase 2 construction, therefore there is
no defined timetable for delivery of Phase 2 improvements.
• HE-0006 Phase 1 provides roadway improvements in the eastern portion of the
study area in the vicinity of New Elam Church Road, US-1, and Old US-1. In
addition, potential intersection improvements at Pea Ridge Road with Old US-1
and at NC 42 with Christian Chapel Church Road are included in Phase 1.
• HE-0006 Phase 2 provides additional roadway improvements in the western
portion of the study area in the vicinity of Pea Ridge Road, US-1, and Old US-1.
Although impacts to streams and wetlands would be avoided and minimized to the
extent practicable, permanent impacts are unavoidable. Impacts based on preliminary
design (slope stakes plus a 40-foot buffer) are summarized below:
• East (Phase 1): permanent discharge of dredged or fill material into 1,634 LF of
stream channel and 6.52 acres of wetlands;
• West (Phase 2): permanent discharge of dredged or fill material into 1,589 LF of
stream channel and 16.26 acres of wetlands
Utilities:
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To facilitate the development within the Project Blue Site, extensive offsite utility
improvements are necessary due to the lack of existing infrastructure in this part of
Chatham County. The proposed improvements include water and sewer upgrades
planned by the City of Sanford, natural gas infrastructure extensions planned by
Dominion Energy, and rerouting of an existing overhead power transmission line
planned by Duke Energy.
The City of Sanford is currently designing the water and sewer infrastructure
improvements in two phases. Sanford's Phase 1 consists of approximately 19,216 feet
of water line, an 8.75 million gallon per day (MGD) capacity sewer lift station, 12,630
feet of gravity sewer, and 4,430 feet of force main to provide additional water supply
facilities from Chatham County and wastewater service to the existing Sanford -Chatham
County wastewater system located along Corinth Road. Sanford's Phase 2 consists of
approximately 38,117 feet of water line, modifications to 3 sewer lift stations, 1,900 feet
of gravity sewer, and 67,545 feet of force main to provide new water transmission
facilities from the Sanford Water Treatment Plant (WTP) and wastewater system to
parallel the existing Sanford -Chatham County system. The proposed sanitary sewer
line improvements extend from the City of Sanford in Lee County northeast across NC
Highway 87 (NC-87) and US-1 and under the Deep River to an existing pump station on
Corinth Road and from the intersection of Corinth Road and Old US-1 southeast below
Shaddox Creek and into the Site. The proposed water line improvements would extend
from two locations in Lee County to the Site: one section extends from north of the US-
1 and Moncure Pittsboro Road (SR 1012) interchange east to the Site, and the second
section extends from the Sanford Water Plant located along NC Highway 42 (NC-42)
west of Poplar Springs Church Road (SR 1537) northeast to the Project Blue site.
Construction of these facilities would result in temporary impacts to wetlands and
streams for the installation of the utilities, as well as permanent conversion of forested
or shrub/scrub wetlands to herbaceous wetlands (wetland conversion) for the
establishment of permanent utility easements and maintenance corridors. The following
impacts are proposed for the water and sewer utilities, the product of numerous
proposed crossings:
• Temporary discharge of dredged or fill material into 8.82 acres of wetlands,
requiring permanent wetland conversion;
• Temporary discharge of dredged or fill material into an additional 5.47 acres of
wetlands;
• Temporary discharge of dredged or fill material into 0.61 acre (4,055 LF) of
stream channel.
Dominion Energy is currently designing the natural gas transmission line improvements
to provide service to the manufacturing facility. Approximately 2.24 miles of new natural
gas pipeline are necessary and would connect to the existing natural gas line at Old US-
1 north of the Project Blue site. The new natural gas line would connect to the Site
along Moncure Flatwood Road. Timing for the natural gas improvements is anticipated
to be concurrent with Phase 1 B of the VinFast facility. Once Moncure Flatwood Road is
abandoned, VinFast would dedicate a maintenance easement back to Dominion Energy
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within the Site. Construction of these facilities are estimated to result in the following
impacts related to two crossings:
• Temporary discharge of dredged or fill material into 0.002 acre of wetlands;
• Temporary discharge of dredged or fill material into 40 LF of stream channel.
Currently, the transmission line realignment is being evaluated by Duke Energy, and
exact timing and realignment needs or locations have not been determined. It is
anticipated for purposes of this permit application package that any realignment would
be co -located with existing transmission line corridors and no additional impacts
(permanent or temporary) would result from the transmission line realignment. Should
that be determined as not practicable by Duke, a permit modification would be
discussed with the Corps and the North Carolina Division of Water Resources
(NCDWR) and submitted accordingly when specifics are known. It is anticipated that
the Duke Energy realignment, if determined to be necessary by Duke Energy, would
occur along with the Phase 2 development within the VinFast facility.
The "Permit Impact Drawings" included in Appendix G of the supplemental information
depict the temporary and permanent impact areas for the project components, including
detailed impact types and impact quantities for the Project Blue and Utilities
components, and conceptual plans for HE-0006. This information is located on the
District Website at https://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Publ ic-Notices/.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
In general, perpendicular stream crossings were maintained where possible to achieve
minimum impact to streams and wetlands. Existing drainage patterns would also be
maintained to avoid overall impacts to the human and natural environment. In addition
to modifying the general layout of the site, VinFast has also carefully designed each
crossing to avoid and minimize impacts to streams and wetlands to the extent
practicable.
At VinFast Impact Site 1, the design utilizes a perpendicular crossing of stream S1 to
reduce impact lengths, and crosses S1 at a particularly straight stream reach further
minimizing impacts. A large culvert system is proposed to ensure aquatic connectivity
and provide unobstructed base flow and storm flow through the culvert, while protecting
aquatic life movement. Riprap outlet protection is proposed to be keyed into the stream
bed and banks to ensure long term stability at the crossing location.
At VinFast Impact Site 2, the design utilizes an existing culvert crossing of Stream S13
and proposes to extend the culvert slightly to accommodate the required roadway
typical section width. As part of the crossing at Site 2, the existing culvert would be
upsized, allowing better flow and aquatic connectivity beneath the roadway. Currently
Version 10.03.2022 Page 15

the culvert is undersized and appears to overtop the road occasionally. The culvert
extension is primarily to the west as well, which avoids the majority of wetland W15 on
the upstream side. Minimal impacts (<0.01 ac) to the wetland would result. At Site 2,
riprap outlet protection would again be keyed into the bed and banks to ensure long
term stability while minimizing loss of waters.
At VinFast Impact Site 3, perpendicular crossings are used for the crossing over stream
S3, and a very straight section of stream has been utilized for the culvert installation,
minimizing impacts to the extent practicable. Riprap outlet protection would be keyed
into the bed and banks of the stream to avoid loss of stream length while still providing
long term erosion control and preventing stream degradation.
NCDOT has similarly avoided and minimized impacts to aquatic resources to the extent
practicable. Measures taken by NCDOT in the design process to minimize unavoidable
impacts include:
• Adjusting the alignment and curve on a hydraulic bridge to cross Shaddox Creek
at a straight section of the creek.
• For any hydraulic crossings under 10 feet of fill that would need more than a 60-
inch pipe opening, a box culvert would be constructed with sills/baffles sized as
necessary.
• Perpendicular crossings would be maintained to achieve minimum impact to
streams and/or wetlands.
• Proposed bridges are shown spanning three crossings on Shaddox Creek,
including the removal of a 1928 (4-barrel) box culvert under Old US-1 and
possible channel improvements upon removal to restore stream function.
Utilities have been carefully designed to avoid and minimize impacts to provide utility
service to the manufacturing facility. Water and sewer lines would be directionally
drilled beneath streams and wetlands where practicable, and maintenance easements
have been narrowed where practicable in stream or wetland areas.
The applicant submitted additional descriptive information about the proposed project,
including an Alternatives Analysis for four off -site and three additional on -site
alternatives for Project Blue, and four additional on -site alternatives for NCDOT STIP#
HE-0006. This information is included in Section 7 and Appendices A, B, and C of the
supplemental information found on the District Website at
https://www. saw. usace. army. m il/M issions/Requ latory-Perm it-Program/Public-Notices/
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Due to the long construction timeline and duration of development between the permit
application and the ultimate buildout of each of the respective phases of the Project, the
Applicants propose to mitigate for unavoidable stream and wetland impacts on a per -
Version 10.03.2022 Page 16

phase basis. Each Applicant would be responsible for the mitigation requirement
associated with their respective impacts in each phase. The Applicants would notify the
Corps and NCDWR in advance of anticipated construction initiation for each phase and
would secure mitigation for that phase and submit the required documentation to Corps
and NCDWR for review prior to initiating impacts associated with each phase. For
purposes of mitigation, the following phases are proposed:
Project
Entity
Phase
Unavoidable Impacts
Mitigation Ratio
Proposed
Mitigation
Proposed
VinFast
Phase 1B
0.009 ac Wetland
2:1
0.018 ac
196 LF Stream
2:1
392 LF
110 LF Stream: PNNL*
N/A (PNNL)
None
Phase 2
(No wetland impacts)
N/A
None
(No stream impacts)
N/A
None
Phase 3
(No wetland impacts)
N/A
None
92 LF Stream
2:1
184 LF
67 LF Stream; PNNL*
N/A (PNNL)
None
NCDOT
Phase 1 (East)
6.52 ac Wetland R
2:1
13.04 ac
1.634 LF Stream
2:1
3.268 LF
Phase 2 (West)
16.26 ac Wetland
2:1
32.52 ac
1.589 LF Stream
2:1
3.178 LF
City of
Sanford
No Phasing Split
Proposed
8.82 ac Wetland; Conversion
1:1
8.82 ac
5.47 ac Wetland: Temporary
N/A (Temporary)
None
4.055 LF Stream; Temporary
N/A (Temporary)
None
Dominion
Energy
No Phasing Split
Proposed
0.002 ac Wetland: Temporary
N/A (Temporary)
None
40 LF Stream: Temporary
N/A (Temporary)
None
Duke
Energy
No Phasing Split
Proposed
(No wetland impacts)
N/A
None
(No stream impacts)
N/A
None
• - Permanent No Net Loss Impacts
Total Mitigation
Proposed
54.40 ac
Wetland
7,022 LF
Stream
Project Blue:
VinFast would be responsible for mitigation associated with the construction of the
Project Blue site. Impacts to streams and wetlands are located within the Haw River
watershed (HUC 03030002). VinFast proposes to mitigate for permanent impacts to
wetlands by purchasing riparian wetland mitigation credits and warm water stream
credits from the NC Division of Mitigation Services (NCDMS). Available banks in the
watershed were contacted and did not have enough credits at the time of request,
however given the long lead time and phased mitigation approach, VinFast would verify
credit availability from approved 3rd party mitigation banks in the watershed prior to
utilizing NCDMS. For purposes of this application, mitigation has been reserved with
NCDMS so that in the event that 3rd party mitigation bank credits are not available
when needed, mitigation can still be provided for proposed impacts in each phase. As
shown in the table above, minor impacts to streams are proposed associated with riprap
outlet protection. Shown in the table as "Permanent No Net Loss", or PNNL, riprap is
proposed to be keyed into the bed and bank of the stream channels to better armor and
Version 10.03.2022 Page 17

protect the stream from long term erosional risks associated with the installation of the
culverts. The riprap would be installed in accordance with NCDOT, Corps, and
NCDWR requirements to ensure no permanent loss of function in the stream or impacts
to aquatic life movement. Since no loss of function is anticipated, no mitigation is
proposed for PNNL impacts.
NCDOT STIP# HE-0006:
The NCDOT has avoided and minimized impacts to jurisdictional resources to the
maximum extent practicable at this stage of design. NCDOT plans to continue to refine
designs to minimize impacts. The proposed construction of HE-0006 would likely result
in unavoidable impacts to jurisdictional streams, open water ponds, non -riparian and
riparian wetlands within the Haw River watershed (HUC 03030002). NCDOT would use
NCDMS for compensatory mitigation for HE-0006 permanent stream and wetland
impacts at a 2:1 ratio.
Utilities:
The majority of the impacts associated with the water, sewer, and natural gas utility
improvements would be temporary in nature. Extensive horizontal directional drilling
(HDD) and boring would be used to avoid impacts to streams and wetlands along the
utility corridors, however some areas of the alignment would not be able to be installed
via HDD or boring and would require open cut trench installation. These open cut
trench installations are the temporary impacts quantified in the application. Temporary
impacts to streams and wetlands would be re -graded and revegetated to pre -
construction conditions, however establishment of permanent utility maintenance
easements is anticipated to result in permanent loss of function to forested wetlands
along the utility corridors. Mitigation for the loss of function for conversion of forested
wetlands to herbaceous wetlands is proposed at a 1:1 ratio, and mitigation credits would
be secured by available 3rd party mitigation bank credits and/or NCDMS. The utility
alignment crosses three different HUCs (03030002, 03030003, and 03030004), and
mitigation credit availability is highly variable between the three watersheds.
In addition to the information provided above, a more detailed description of the
proposed compensatory mitigation is provided in Section 8 of the supplemental
information located on the District Website at
https://www. saw. usace. army. m i l/M issions/Regu latory-Perm it-Program/Public-Notices/.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
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Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966,
Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for
Implementing Appendix C, the District Engineer consulted district files and records and
the latest published version of the National Register of Historic Places and initially
determines that:
7
Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently requests
initiation of consultation with the SHPO (or THPO).
Note that the cultural resources review for the HE-0006 Project component is
proceeding according to the "Programmatic Agreement among the Federal
Highway Administration, United States Army Corps of Engineers, Wilmington
District, North Carolina Department of Transportation, Advisory Council on
Historic Preservation, and North Carolina State Historic Preservation Officer for
the Transportation Program in North Carolina", dated December 2020, designed
to facilitate consultation for Section 106 of the NHPA for federally funded and/or
authorized transportation undertakings in North Carolina that may affect historic
properties.
The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
For the Project Blue Project component, SHPO provided a letter to the Applicant,
dated August 16, 2022, stating that they "determined that the project as proposed
will not have an effect on any historic structures." However, SHPO also
recommended that a comprehensive archaeological survey of the site be
conducted by an experienced archaeologist. The Applicant stated that they are
currently contracted with a Professional Archaeologist to conduct archaeological
surveys within proposed limits of disturbance for each Phase of Project Blue, and
that those surveys will be conducted over the coming months and provided to
allow for continued consultation.
For the Utilities Project component, the Applicant has conducted a limited
desktop cultural resources review within 1-mile of the proposed corridors,
consisting of review of North Carolina Archaeology Site Files, the HPOWEB 2.0
online mapper, and archaeological research reports. The Corps subsequently
initiates consultation with the SHPO for this Project component.
Version 10.03.2022 Page 19

For additional information, please see Section 1.3.9 of the supplemental information,
located on the District Website at https://www.saw.usace.army.mil/Missions/Regulatory-
Permit-Program/Public-Notices/.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
7
By copy of this public notice, the Corps requests initiation of consultation
under Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
Based on information provided by the Applicant, the Corps offers the following
determination for Cape Fear shiner (Notropis mekistocholas) for the Project Blue
and HE-0006 Project components: May Affect Not Likely to Adversely Affect.
Determinations of No Effect were found for all other listed species per Project
component.
For specific information used as justification for these determinations, please see
Section 1.3.8 of the supplemental information, located on the District Website at
https://www.saw.usace.army.m iI/Missions/Regulatory-Perm it-Program/Public-
Notices/.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑ The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
Version 10.03.2022 Page 20

7
The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for a 401 Certification should do so, in
writing, by December 13, 2022, to:
NCDWR Central Office
Attention: Supervisor, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
7
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
Version 10.03.2022 Page 21

United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, December 22, 2022. Comments
should be submitted to David E. Bailey, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
817-2436. Comments may also be submitted to [e-mail]
Version 10.03.2022 Page 22