20221576 Ver 1_RPOT Response_20230313

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 13, 2023
Regulatory Division
Re: Request for Time Extension
Vinfast EV manufacturing complex — SAW-2014-00610 (DWR # 20211576)
Chatham County
Ms. Katie Merritt
Division of Water Resources
North Carolina Department of Environmental Quality
1611 Mail Service Center
Raleigh, North Carolina 27699-1611
Dear Ms. Merritt:
Please reference your March 10, 2023, letter requesting an extension of time to
review the subject project for the required individual 401 Water Quality Certification
(WQC). In a letter attached to the email, the North Carolina Division of Water
Resources (DWR) is requesting that the review period for the 401 WQC application be
extended to June 30, 2023.
As you are aware, the Corps of Engineers issued Regulatory Guidance Letter
(RGL) No.19-02 titled: Timeframes for Clean Water Act Section 401 Water Quality
Certifications and Clarification of Waiver Responsibility. Within that guidance, it is
stated that the Corps may consider a 401 Certification waived if the certifying agency
fails or refuses to act on a request for certification within 60-days after receipt of such a
request unless the District Engineer determines that a shorter or longer period of time is
reasonable for the certifying agency to act. It also states that "any additional time
granted should be the minimum amount of time necessary for the certifying agency to
act on a 401 WQC request and should not default to one year from receipt of such
request" as defined in 33 CFR 325.2 (b)(1)(ii).
We have thoroughly reviewed the information contained in your request and
understand that the proposed project is complex, involving evaluation of site design and
construction plans, road improvement plans, rail improvement plans, utility
infrastructure, a water resource identification and testing plan, and modification to the
previously approved stormwater management plan complicated by ongoing construction
activities. We have considered the time frame you have proposed and believe that a
more reasonable deadline for consideration of the 401 application is June 30, 2023.

-2-
Accordingly, a final decision on the application for the WQC should be made on or
before June 30, 2023, or we would have no choice but to consider the WQC waived
(unless the Division denies the certification beforehand).
If you have any questions regarding this correspondence, please do not hesitate to
contact Ms. Jean B. Gibby of my staff by phone at: [phone], Extension 24, or by
email at: [e-mail].
Sincerely,
Tommy Fennel
Chief, Regulatory Division
Copy Furnished Electronically without attachments:
Mr. Todd Bowers
Oceans, Wetlands and Streams Protection Branch
Wetlands and Streams Regulatory Section
U.S. Environmental Protection Agency — Region 4
[e-mail]
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of Environmental Quality
[e-mail]