20221576 Ver 1_More Info Requested_20221229

DocuSign Envelope ID: 2944FD02-7E27-4109-ADEA-A439F698561A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 29, 2022
DWR # 20221576
Chatham County
Mr. Thi Van Anh Nguyen
VinFast Manufacturing US, LLC
160 Mine Lake Court, Suite 200
Raleigh NC 27615
Delivered via email to: [e-mail]
Mr. Jeffrey L. Teague, PE
NCDOT — Division 8
121 DOT Drive
Carthage, NC 28327
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
VinFast Manufacturing Facility — Project Blue
Dear Sirs:
On November 9, 2022, the Division of Water Resources (Division) received your application requesting
an Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
If the U.S. Army Corps of Engineers (USACE) requests a response to any comments received as a
result of the Public Notice, please provide the Division with a copy of your response to the USACE.
2. The application indicates that there will be no additional co -applicants, however the impacts
proposed include offsite utility connections for sanitary sewer, water, power and natural gas. The
application states that "Each of the utility providers will be responsible for design, construction and
mitigation requirements or their respective offsite utility improvements." Please note that if the
401 is to be issued only to the NCDOT and VinFast Manufacturing then these entities will be fully
responsible for compliance with all conditions of that 401 for all impact locations, including those
within offsite utility portions of the project. Please update the proposed phased mitigation table
provided in the application so that only proposed Permittees are listed as "Project Entities".
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000

DocuSign Envelope ID: 2944FD02-7E27-4109-ADEA-A439F698561A
VinFast Manufacturing
DWR# 20221576
Request for Additional Information
Page 2 of 3
On page 18 of the IP, HE-0006 Preferred Alternative is stated as being less impactful to streams and
wetlands as compared to alignments for initial HE-0006 concepts, however an impact summary
table listing comparison of aquatic resource impacts is not available. An overall map depicting these
alternatives and associated impacts would support discussion of minimization and avoidance
efforts. On Page 83, Table 25 lists the Five Concepts with associated stream/wetland impacts, but
not the HE-0006 portions.
4. In order for the Division to complete a review of avoidance and minimization for Phase 1 of the
NCDOT roadway improvements, please provide conceptual roadway plans/alignments which clearly
show and label each proposed impact location.
5. In order to carefully evaluate that proposed impact areas will not cause or contribute to water
quality violations within the VinFast Manufacturing site, please provide detailed construction plans
and profile drawings of the proposed crossings. The permit drawings submitted with the application
do not provide sufficient detail of culvert designs. The Division requires detailed information for
proposed Phase 1B impacts; however you may provide conceptual/typical plans for future phases.
6. The riprap apron proposed at Impact #1 is extensive. It is the Division's experience that when
excessively long riprap aprons are required for velocity control and/or stability that natural stream
function is not maintained and therefore these impacts should be considered as permanent loss of
stream and included in mitigation amounts. Please revise the application materials accordingly.
7. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which includes
designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as
defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply
with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or
contribute to a violation of water quality standards; (3) would result in secondary or cumulative
impacts that cause or contribute to, or will cause or contribute to, a violation of water quality
standards;" The application states that the stormwater management plan for all phases is being
developed to maintain existing drainage areas. Please provide plans that show the locations of the
SCMs designed for Phase 1A and conceptual locations for SCMs in Phase 113 to support this
statement.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHcaaD-wa 919.707.9000

DocuSign Envelope ID: 2944FD02-7E27-4109-ADEA-A439F698561A
VinFast Manufacturing
DWR# 20221576
Request for Additional Information
Page 3 of 3
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act or the
Tar -Pamlico Buffer Rules for this activity and any work done within waters of the state may be a
violation of North Carolina General Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 [e-mail] if you have any
questions or concerns.
Sincerely,
��DOCUSSI�igned bby::+ eeee
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570614EF960B4BF...
Shelton Sullivan, Acting Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jason Hartshorn, Kimley-Horn
David Bailey, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20221576 VinFast Chatham IP addinfo.docx
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL Na " 919.707.9000