20221576 Ver 1_More Info Received_20230118

Staff Review Form
NORTH CAROLINA
Ertrlmnmertlrtl Quality
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20221576
Version* 1
Is this project a public transportation project?*
Reviewer List: *
Select Reviewing Office: *
Yes
No
Sue Homewood:eads\slhomewood:[e-mail]
Winston-Salem Regional Office - [phone]
Does this project require a request for payment to be sent?*
Yes
No

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
6/22/2022
Is this supplemental information that needs to be sent to the Corps?*
Yes No
Project Contact Information
Name:
Jason Hartshorn
Who is submitting the information?
Email Address: [e-mail]
Project Information
Existing ID #:
20221576
20170001 (no dashes)
Project Name: Project Blue and HE-0006
Is this a public transportation project?
Yes
No
Existing Version:
1
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Chatham
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Project Blue and HE-0006 - NCDWR RFI Response
Package 20230118.pdf
Only pdf or kmz files are accepted.
20.74MB

Describe the attachments or
comments:
VinFast and NCDOT have reviewed the NCDWR Request for Additional Information and have compiled the
requested additional information for Project Blue and HE-0006.
The additional information response package consists of a narrative response to each of the NCDWR
questions/comments, along with relevant attachments and referenced materials. The file size is about 21 MB
and covers 16 pages in the PDF. Please let me know if you have any trouble accessing the file.
Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
�ad l d vie
Submittal Date: 1/18/2023
Is filled in automatically.

Kimley»>Horn
January 18, 2023
Mr. Shelton Sullivan
401 and Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr. Dave Bailey
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: DWR # 20221576 — Request for Information Response
VinFast Manufacturing Facility — Project Blue
Moncure, Chatham County, North Carolina
Dear Mr. Sullivan and Mr. Bailey,
On behalf of our client, VinFast Manufacturing US, LLC, and in conjunction with NCDOT and their
consultant RK&K, Kimley-Horn is submitting the attached (additional) information for the above
referenced Project per the North Carolina Division of Water Resources (NCDWR) Request for
Additional Information received via email on December 30, 2022.
Below is an outline of the NCDWR comments with a brief narrative addressing each item.
1. 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.
a. As of the date of this Request for Information Response, no comments have been
received from the USACE regarding the Project Blue Public Notice. Once USACE
comments have been received, they will be provided to NCDWR along with responses
and/or any additional information provided to USACE by the Project Blue and HE-0006
team.
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."
a. VinFast understands the limitations surrounding USACE and NCDWR compliance
reviews and designated project applicants/permittees. VinFast and NCDOT will be
addressing responsibility for compliance and mitigation payments between each utility
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provider with specific agreements relating to those improvements and how potential
cases of non-compliance are handled. For the USACE and NCDWR permit application
review specifically, the mitigation table has been revised as requested to show only
VinFast and NCDOT as permittees. Revised text in the table is visible in red.
Revised Phased Mitigation Proposal by Project Phase
Permittee
Project
Component
Designer/
Operator
Phase
Unavoidable
Impacts
Mitigation
Ratio
Proposed
Mitigation
Proposed
VinFast
VinFast Site
Development
VinFast
Phase
1B
0.009 ac
Wetland
2:1
0.018 ac
196 LF Stream
2:1
392 LF
110 LF Stream.
Stabilizatior
2:1
220 LF
Phase 2
(No wetland impacts)
N/A
None
(No stream impacts)
N/A
None
Phase 3
lb
(No wetland impacts)
N/A
None
92 LF Stream
2:1
184 LF
67 LF Stream;N/A
PliiiIMIL
(PNNL)
None
NCDOT
Roadway
Network
Improvements
NCDOT
Phase 1
(East)
6.52 ac Wetland
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
VinFast
Water and
Sewer
Improvements
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
VinFast
Natural Gas
Improvements
Dominion
Energy
No
Phasing
Split
Proposed
0.002 ac
Wetland;
Temporary
N/A
(Temporary)
None
40 LF Stream;
Temporary
N/A
(Temporary)
None
VinFast
Power
Improvements
Duke
Energy
Progress
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
7,242 LF
Stream
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421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

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b. Due to Comment #6 also requesting a change to the mitigation table relating
specifically to the riprap stabilization at VinFast Impact Site #1, the revised table above
also includes that requested revision. Additional detail on that revision is included in
response to Comment #6 below.
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. CDWR provide a multi -part Comment #3, which has been responded to
in -line below for clarity.
a. As this is a multi -part comment, each piece of the comment is repeated below for clarity.
3.1. 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.
a. Page ES-13 (PDF #18) is referring to the details provided in Section 7.2 and the impact
summary table (i.e., Table 25. discussed on Pages 61-62 (PDF #82-83)) of the submitted
permit application package which include a comparison of aquatic resource impacts for the
initial HE-0006 concepts and the Preferred Alternative.
3.2. An overall map depicting these alternatives and associated impacts would support discussion
of minimization and avoidance efforts.
a. Page 61 (PDF #82) of the IP includes reference to a map (Figure 5B: Prior Concept
Comparison) that depicts the prior concept alternatives and includes the modeled
wetlands on an aerial base map. Figure 5B is located in the Figures Section of the
document (PDF #125), and is also attached for your convenience.
3.3.On Page 83, Table 25 lists the Five Concepts with associated stream/wetland impacts, but not
the HE-0006 portions.
a. Page 62 (PDF #83) explains Table 25 in the narrative. Table 25 and the narrative address
HE-0006, which are the NCDOT roadway network improvements.
b. Page 62 (PDF #83) is referring to the HE-0006 Preferred Alternative moving forward into
preliminary design: "Concept 5 was selected as the Preferred Concept and was carried
forward for detailed study (as the Preferred Alternative)....Preliminary design is shown in
Figures 6B and 7B." Also, Tables 25 and 26 list aquatic impacts due to the NCDOT
Roadway Network Improvement Concepts and Preferred Alternative for HE-0006.
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.
a. Attached are Figure 6B: Preliminary Design Map — Phase 1 and Figure 7B:
Preliminary Design Map — Phase 2. These are the figures located in the Figures
Section of the document (PDF #126 and 127) of the original submittal. The current
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attachments have been edited to include the addition of labels that match the Map ID text
in Tables 4 and 12 (streams), Table 5 (surface waters), and Table 10 (wetlands). The Map
ID text is also noted on the series of ten maps in Figure 4B (PDF #115-124) in the Figures
Section of the document.
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 18 impacts; however, you may provide conceptual/typical plans for future phases.
a. Detailed design of the culvert crossings within the VinFast Manufacturing Site is currently
underway for the Phase 1B impacts. The provided permit drawings utilize a conceptual
level design to approximate anticipated impacts based on topography, delineated features,
and road widths. Once detailed design is completed in the next few weeks for the Phase
1B roadway corridor, detailed construction plans, and profile drawings of the proposed
crossings will be provided to NCDWR and USACE.
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.
a. VinFast understands the Division's concern relating to loss of function with long riprap
aprons at culvert crossings. VinFast proposes to provide mitigation for an additional 110
LF of stream impact associated with the riprap stabilization at VinFast Impact Site #1. An
updated NCDMS ILF acceptance letter is attached for reference, and the revised Proposed
Mitigation Table with this revision is included in response to Comment #2 above.
b. As discussed in Comment #5 above, detailed design is currently underway. The permit
drawings for the VinFast Phase 1B corridor will be revised once design is complete and
will be provided to NCDWR. The revised permit drawings will include the revision to remove
permanent no net loss impacts at Impact Site #1.
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 028 .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 18 to support this
statement.
a. The stormwater management plan for Phase 1A has been submitted to Chatham County
under Stormwater Permit Application #WP-22-666. Stormwater approvals for Phase 1 B,
Phase 2, and Phase 3 will follow the same approach and review process as the project is
under the jurisdiction of Chatham County for stormwater.
b. Plans showing the SCMs designed for Phase 1A (consisting of a mix of dry ponds,
bioretention, and treatment swales) are attached as requested. Plans showing the
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conceptual locations for SCMs in Phase 1B are currently being developed and will be
provided to NCDWR in the coming weeks once design is complete.
If you need any additional information to assist in your review of this RFI Response Package, feel free
to contact me at 919-678-4155 or [e-mail].
Sincerely,
Kimley-Horn and Associates, Inc.
Jason Hartshorn, PWS
cc: Ms. Thi Van Anh Nguyen; VinFast Manufacturing US, LLC
Mr. David Bailey, USACE
Mr. Colin Mellor, NCDOT
Mr. Jeffrey Teague, NCDOT Division 8
kimley-horn.com
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
919 677 2000

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
NORTH CAROLINA
Director Environmental Quality
Thi Van Anh Nguyen
VinFast Manufacturing US, LLC
160 Mine Lake Court, Suite 200
Raleigh, NC 27615
January 11, 2023
Expiration of Acceptance: 7/11/2023
Project: Project Blue County: Chatham
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Cape Fear
03030002
Warm Stream
465
Cape Fear
03030002
Riparian Wetland
0.009
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Brandon Wyatt, agent
aEQ:.ARfll IRA D ` /
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Sincerely,
FOR James. B Stanfill
Deputy Director
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

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