HomeMy WebLinkAbout20221576 Ver 1_More Info Requested_20230728Baker, Caroline D
From: Homewood, Sue
Sent: Friday, July 28, 2023 2:35 PM
To: Hartshorn, Jason; Jason Steele
Cc: Mellor, Colin; Bailey, David E CIV USARMY CESAW (USA)
Subject: Request for Additional Information: Vinfast electric vehicle (EV) manufacturing
complex and associated infrastructure (Project Blue, NCDOT HE-0006, City of Sanford
Utilities); DWR #20221576
No
Please copy DWR on your response to the email below. To ensure that the 401 has accurate information, plans and
impact totals incorporated into any 401 Certification that is issued by DWR, we will consider the project on hold until we
receive a complete response to the items below with the exception of the Archaeological Survey Report.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
sue.homewood@deg.nc.gov please note my new email address
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>
Sent: Wednesday, July 26, 2023 10:38 AM
To: Hartshorn, Jason <jason.hartshorn@kimley-horn.com>; anh.nguyen@vinfastauto.com; Teague, Jeff L
<jlteague@ncdot.gov>
Cc: Mellor, Colin <cmellor@ncdot.gov>; Homewood, Sue <sue.homewood@deq.nc.gov>; Bowers, Todd
<bowers.todd@epa.gov>; Jason Steele <Jason.Steele@freese.com>
Subject: [External] Request for Additional Information: Vinfast electric vehicle (EV) manufacturing complex and
associated infrastructure (Project Blue, NCDOT HE-0006, City of Sanford Utilities); SAW-2014-00610
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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up
Please reference your Individual Permit application for Department of the Army (DA) 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 to 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. Please also reference the U.S. Army Corps of
Engineers, Wilmington District (Corps) public notice for this project dated November 21, 2022, and letter containing
agency and public comments and requesting additional information dated January 27, 2023, your response letter dated
March 10, 2023, and the Corps' subsequent request for additional information dated April 21, 2023. Following receipt of
your response letters dated May 19 and June 1, 2023, as well as subsequent plan revisions received July 15, 18, and 20,
2023, additional items are required to be resolved prior to continuing to process your permit request:
Project Blue
1) Add the Corps approved delineation to Alternative 4 overall plan to enable full evaluation of potential indirect
impacts related to grading/drainage on the site. Please also show grading limits, stormwater controls and other
proposed infrastructure that would ensure that existing aquatic resources maintain their hydroperiod;
2) The conceptual Phase 3 plan building layout does not appear to match the detail plan for Crossings 4 and 5.
Direct impacts appear likely to Wetland W113, and indirect impacts appear likely to the remainder of Wetland
W112 and Stream 123 based on conceptual Phase 3 plan where a building appears to cut off or re-route
hydrology away from this drainage.
3) Impact Site 4: given the small remnant of wetland proposed to remain downstream of the rip rap pad, the Corps
would consider this wetland remnant as additional permanent wetland loss for this crossing.
4) Thank you for the Archeological Survey Report you provided for Phases 113, 2, and 3 f Project Blue. Given that
the proposed project activities occur in areas that contain archeological resources, consultation may need to be
initiated with the State Historic Preservation Office. The Corps is currently reviewing this project in this context
to determine any responsibilities pertaining to Section 106 of the National Historic Preservation Act (NHPA). If
required, please note that NCSHPO may require up to 30 days to respond to our coordination request. Please
note that Corps authorizations cannot preclude completion of Section 106 of the NHPA.
H E-0006
1) In the response to the Corps request for additional information, received by our office via email on 3/10/2023, a
map was provided entitled "STIP HE-0006" "Figure 513: Prior Concepts Map" and Tables 1 and 2 were provided
showing the alternative routes evaluated for HE-0006. Please update and provide those items to include the
expanded study area referenced and shown in the NCDOT supplemental PJD request package submitted to our
office on 4/27/2023.
2) Phase 113 Plans:
a. Site 1: the "triangle" of temporary wetland impacts bound by the permanent mechanized clearing and
fill wetland impacts should also be considered permanent, as this small remnant wetland area would not
retain existing wetland function following construction;
b. Site 2:
i. Please provide a cross-section view of the inlet and outlet of the proposed double box culvert
that clearly shows if both boxes would be the low flow structure, or whether one would be set
or silled higher than the other to create a low- and high -flow box. Please also provide a detail of
the proposed floodplain bench, including how these areas would be stabilized and revegetated
following construction.
ii. Wetland WM appears to be wide enough such that at -grade floodplain culverts are warranted
to maintain hydrologic flow across the larger wetland area.
c. Site 4: project plans reference "Existing Channel w/6' Bench See Detail AF." Please provide this detail for
review.
d. Site 5: Wetland WJ would be segmented into smaller sections as currently proposed, including what
would become a disjunct area within a gore area surrounded by an access ramp. How would this
wetland area maintain its current function as proposed? Unless otherwise justified, this wetland portion
appears to be an indirect impact of the proposed project, suitable for compensatory mitigation at a 1:1
ratio.
e. Sites 7 and 9: the plans appear to show rip rap on either side of the banks of Streams SBD and SBB.
Please ensure that, if rip rap is proposed to be placed below the Ordinary High Water Mark (OHWM) of
the channel, that the impacts are listed as Permanent with no net loss of stream function.
3) Phase 1D Plans: The project plans at Site 1 appear to cut off the western extent of proposed wetland impacts
(Wetland WAT).
4) Phase 2A and 2B Plans: note that the conceptual plans submitted appear to indicate future opportunities to
avoid and minimize impacts to aquatic resources. The stage of design presented does not show drainage
structures or other details necessary to fully evaluate such measures and therefore comments herein are
withheld. Several wetland areas may be considered complete functional losses due to small remaining
remnants, rerouting hydrologic input, etc., including Wetlands WBE (Site 2) and WBF (Site 3) in Phase 2A, and
Wetlands WBJ and WCE (Site 1), WAK (Site 2), WZ (Site 8), WAB (Site 9), and WAC (Site 15) in Phase 2B.
City of Sanford Utilities
1) On the "Phase I Water and Sewer Line Potential WOTUS Impacts" drawings submitted on 6/1/2023, the legend
lists the light blue line as the "Phase 2 Water" line and the dark blue line as the "Phase 1 Water"; this appears to
be reversed on the sheets themselves.
2) Phase 2 Sewer
a. Impacts 5-38, 5-36, 5-34, 5-33, and 5-87 are all very large temporary impacts, which do not appear to be
justified by the size of the sewer line installation. Please justify that these temporary impacts have been
minimized to the maximum extent practicable for the utilities necessary to support the Vinfast project
alone, rather than any future unrelated project.
b. Sheets FM-5, FM-6, and FM-7 show proposed grades several feet above the elevation of the Streams
P2S_529, P2S_28, P2S_27, RD_P2S_SD, and P2S_526. Furthermore, the grades and culverts that are
shown on these plan sheets appear to be proposed for a future unrelated road project and are not
consistent with minimization practicable for the proposed project. Please revise the plan sheets
accordingly.
3) Itemized comments regarding avoidance and minimization and apparent inconsistencies between various
impact drawings and plan sheets are provided in columns V and W on the attached spreadsheet; please revise
and update the affected drawings, plans, and impact spreadsheets accordingly.
The above requested information is essential to the expeditious processing of your application; please forward this
information to us within 30 days of your receipt of this letter.
Further, the Corps is currently drafting the environmental document for this project. Given the scope, complexity, and
interrelation of the activities proposed, note that the Corps is likely to request additional information during this process
regarding specific aspects of the proposed project as needed to entirely and adequately address all components of the
document.
If you have any questions regarding these matters, please contact me at (919) 817-2436 or
David. E.Bailey2@usace.army.mi1.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: (919) 817-2436
Email: David. E.Bailey2@usace.army.miI
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