20221576 Ver 1_RPOT Request_20230310

DocuSign Envelope ID: FC657F51-AADD-468F-8A60-BB82F8AA1C17
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
March 10, 2023
Jean Gibby, Chief
Raleigh Regulatory Field Office, Wilmington District
US Army Corps of Engineers
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL REVIEW TIME
Certification Request for the proposed Vinfast Manufacturing Site &
NCDOT Chatham -TIP Project STIP#HE-0006
USACE Action ID Number SAW-2014-00610 / DWR# 20211576
Chatham County
Dear Ms. Gibby,
On November 14, 2022, the Division of Water Resources ("DWR") received a request for a 401
Water Quality Certification for the referenced project. The USACE issued a public notice about
the project on November 22, 2022. On December 29, 2022 the Division requested additional
information of the applicant. On January 19, 2023 the Division received a response from the
applicant which only partially addressed the items requested in the December request. On
January 27, 2023 your office requested additional information from the applicant and on
February 23, 2023 your office granted the applicant and extension for their response to your
request. DWR respectfully requests that the reasonable period of time be extended until June
30, 2023. In support of this request, we direct your attention to the following considerations
with regards to considerations listed in RGL 19-02:
i. The complexity of the proposed project:
The project comprises approximately 3000 acres of land and 6 miles of roadway
improvements. The project includes multiple components DWR is required to carefully
evaluate, including, but not limited to: site design and construction plans, road
improvement plans, utility infrastructure, a water resource identification and testing
plan, and stormwater management in order to protect downstream water quality.
iii. Non -Typical Activity or Site:
GDE
NORTH C
AROLINA '
omm ep..orEMr nment o�.iXks.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: FC657F51-AADD-468F-8A60-BB82F8AA1C17
Request for Additional Review Time
Vinfast Manufacturing Facility
Corps Action ID# SAW-2014-00610
DWR # 20221576
Page 2 of 2
Development at "megasites" are non -typical projects given the scale and complexity.
The project includes multiple components including multiple offsite attributes such as
utility corridors.
v. Magnitude of Impact to Aquatic Resources:
The site includes 17 individual streams totaling approximately 33,339 linear feet and
thirty-six individual wetlands totaling approximately 99.2 acres. An additional twenty
five streams totaling 22,219 linear feet are within the proposed roadway corridor.
Impacts for the project are proposed as approximately 54 acres of wetlands and 7,000
linear feet of stream.
By making this request, DWR does not waive its right to determine upon further review of the
certification request that additional information and/or additional time is necessary to process
the application. DWR further does not waive its right to object to or contest the legality of any
of the provisions set forth in Federal Rule and any actions taken by the Corps pursuant to it,
whether related to this certification request or any other projects over which the State has
jurisdiction pursuant to Section 401 of the Clean Water Act.
Thank you for your consideration of this time -sensitive matter. Please contact Sue Homewood
at 336-813-1863 or [e-mail] with any questions.
Sincerely,
DocuSigned by:
-A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 and Buffer Permitting Branch
Division of Water Resources
Electronic cc David Bailey, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
D_E
NORTH CAROLINA
gaparhneM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000