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HomeMy WebLinkAbout20221576 Ver 1_Revised Approval Letter_20231201ROY COOPER Govemor ELIZABETH S. BISER Seaetary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 1, 2023 DW R # 20221576 correction Chatham County VinFast Manufacturing US, LLC Attn: Ms. Thi Van Anh Nguyen 160 Mine Lake Ct, Suite 200 Raleigh NC 27615 NC Department of Transportation — Highway Division 8 Attn: Mr. Jeffrey L. Teague, PE 121 DOT Drive Carthage, NC 28327 Delivered via email to: anh.nzuyen@vinfastauto.com / iltgAgue@ncdot.aov Subject: Approval of Individual 401 Water Quality Certification VinFast Automotive Manufacturing Facility (Project Blue) & Associated Infrastructure USACE Action ID. No. SAW-2014-00610 Dear Ms. Nguyen & Mr. Teague: Attached hereto is a copy of Certification No. WQ0006095 issued to Ms. Thi Van Anh Nguyen and VinFast Manufacturing US, LLC and Mr. Jeffrey L. Teague and NC Department of Transportation, dated December 1, 2023. This is a correction to the Certification issued on August 30, 2023. This correction is for the purpose of updating errors in the Table of Impacts and Mitigation Amounts Required. This approval is for the purpose and design described in your application. The NC Department of Transportation will be the responsible party with regards to this Certification for the Chatham -TIP Road Improvements (STIP# HE- 0006) portion of the project. VinFast Manufacturing US, LLC will be the responsible party with regards to this Certification for all other aspects of the project, including offsite utility improvements. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required Noah Carolina Deparhnent of Environmental Quality I Division of Water Resources D_E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NO1T1 CPfv"'"^ 919107.9000 VinFast Manufacturing US, LLC DWRN 20221576 correction Individual Certification NWQC006095 Page 2 of 29 by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www,ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 North Carolina Department of Environmental Quality I Division of Water Resources WE Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 r TM 919.707.9000 wo.rw•uei..�ra.ip� VinFast Manufacturing U5, LLC DWR# 20221576 correction Individual Certification #WQ0006095 Page 3 of 29 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC O2H .0500. Please contact Sue Homewood at 336-813-1863 or sue.homewood@deq.nc.gov if you have any questions or concerns. Division of Water Resources Electronic cc: Jason Hartshorn, Kimley-Horn Colin Mellor, NCDOT Environmental Policy Unit David Bailey, USACE Raleigh Regulatory Field Office Gabriella Garrison, NCWRC Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20221576 Vinfast - Chatham- 4011C-correction.docx D_E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 707 9000 VinFast Manufacturing US, LLC D W R# 20221576 correction Individual Certification #WQC006095 Page 4 of 29 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC006095 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Ms. Thi Van Anh Nguyen and VinFast Manufacturing US, LLC and Mr. Jeffrey L. Teague and NC Department of Transportation, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 9, 2022 and subsequent information on January 19, 2023, March 13, 2023, May 22, 2023, June 20, 2023, July 10, 2023, July 14, 2023 and August 7, 2023, and by Public Notice issued by the U. S. Army Corps of Engineers on November 22, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [35A NCAC 02H .0506(b)] VinFast Manufacturing Facility Site: Type of Impact Amount Approved Amount Mitigation Amount Permanent Approved Required Temporary Perennial Streams Impact Site 1—Road 241 linear feet 0linear feet 241credits Crossing Impact Site 2 — Road 123 linear feet 0 linear feet 123 credits Crossing Impact Site 3 — Road 221 linear feet —culvert 0 linear feet 221 credits Crossing 97 linear feet - riprap Impact Sites — Road 92 linear feet —culvert 0linear feet 92credits Crossing 23linear feet -riprap Total: 677 linear feet — culvert 0 linear feet 677 credits 120 linearfeet - riprap Riparian Wetlands Impact Site 2 — Road 0.02 acres 0 acres 0.02 credits Crossing Impact Site 4 — Road 0.013 acres 0 acres 0.013 credits Crossing Total: 0.033 acres 0 acres 0.033 credits D_Fa North Carolina DeparnuentofEnvironmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919,707.9000 hN�^�^�FmYwn[Me Wai� VinFast Manufacturing US, LLC DWRN 20221576 correction Individual Certification #WQC006095 Page 5 of 29 NCDOT Transportation Improvements: Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Phase 1B Perennial Streams Site 210linear feet -Culvert 62 linear feet - riprap 112linear feet 210credits Site 3 297 linear feet 0 linear feet 297 credits Site 4 82 linear feet 56 linear feet 82 credits Site 7 11 linear feet - culvert 20 linear feet riprap 151 linear feet 11 credits Site 8 89 linear feet 25 linear feet 89 credits Site 9 13 linear feet 50 linear feet - riprap 36 linear feet 13 credits Total., 702 linear feet -culvert 132 linear feet - riprap 419 linear feet 702 credits Riparian Wetlands Site 1 0.214 acres 0.02 acres 0.214 credits Site 2 1.884 acres 0.10 acres 1.884 credits Site 3 0.014 acres 0 acres 0.014 credits Site 4 0.105 acres 0.02 acres 0.105 credits Site 5 0.640 acres 0.04 acres 0.640 credits Site 6 0.019 acres 0.001 acres 0.019 credits Site 7 0.110 acres 0.004 acres 0.110 credits Site 9 0.050 acres 0 acres 0.050 credits Total. 3.036 acres 0.185 acres 3.036 credits Open Waters Site 5 (jurisdictional ditch) 0.002 acres 0.001 acres 0 credits Site 6 0.821 acres 0 acres 0 credits Site 9 0.001 acres 0.001 acres 0 credits Total. 0.824 acres 0.002 acres 0 credits Phase IC Perennial Streams Site 2 275 linear feet 71 linear feet 275 credits Total. 275 linear feet 71 linear feet 275 credits Riparian Wetlands Site 1 1.080 acres 0 acres 1.080 credits Site 4 0.004 acres 0 acres 0.004 credits Total. 1.084 acres 0 acres 1.084 credits Open Waters Site 3 0.001 acres 0.001 acres 0 credits D_EQ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 u�9, rm.mauMa.,Uoi a,� /� VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 6 of 29 Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Site 5 0.740 acres 0 acres 0 credits Total: 0.741 acres 0.001 acres 0 credits Phase 1D Riparian Wetlands Site 1 0.076 acres 0 acres 0.076 credits Site 2 0.361 acres 0 acres 0.361 credits Site 3 0.027 acres 0 acres 0.027 credits Site 4 0.030 acres 0 acres 0.030 credits Total: 0.494 acres 0 acres 0.494 credits Phase 1E Riparian Wetlands Site 2 0.011 acres 0 acres 0.011 credits Total: 0.011 acres 0 acres 0.011 credits Open Waters Site 1 1.230 acres 0 acres 0 credits Total: 1.230 acres 0 acres 0 credits Phase 2A Riparian Wetlands Site 1 2.497 acres 0 acres 2.497 credits Site 2 0.078 acres 0 acres 0.078 credits Site 3 0.210 acres 0 acres 0.210 credits Site 4 0.059 acres 0 acres 0.059 credits Site 5 2.186 acres 0 acres 2.186 credits Site 6 0.012 acres 0 acres 0.012 credits Total: 5.042 acres 0 acres 5.042 credits Open Waters Site 2 0.045 acres 0 acres 0 credits Site 3 0.235 acres 0 acres 0 credits Total: 0.280 acres 0 acres 0 credits Phase 2B Perennial Streams Site 3 121 linear feet 0 linear feet 121 credits Site 1064 linear feet 0linear feet 1064credits Site 14 829 linear feet 0 linear feet 829 credits Site17 119 linear feet 0linear feet 119credits Total: 2,133linearfeet 0linearfeet 2,133credits Riparian Wetlands Site 1 2.228 acres 0 acres 2.228 credits Site 5 0.192 acres 0 acres 0.192 credits Site 7 0.120 acres 0 acres 0.120 credits Site 8 0.548 acres 0 acres 0.548 credits 1OFF& E Q,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 moa*"uwax+n �' 919.707.9000 MpN�MprwMwitlne�t� VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 7 of 29 Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Site 9 0.019 acres 0 acres 0.019 credits Site 10 0.695 acres 0 acres 0.695 credits Site 11 0.141 acres 0 acres 0.141 credits Site 12 0.019 acres 0 acres 0.019 credits Site 13 0.093 acres 0 acres 0.093 credits Site 14 1.927 acres 0 acres 1.927 credits Site 15 0.028 acres 0 acres 0.028 credits Site 16 0.074 acres 0 acres 0.074 credits Site 18 0.715 acres 0 acres 0.715 credits Site 19 0.417 acres 0 acres 0.417 credits Site 20 0.188 acres 0 acres 0.188 credits Total: 7.404 acres 0 acres 7.404 credits Open Waters Site 2 0.228 acres 0 acres 0 credits Site 3 0.419 acres 0 acres 0 credits Site 4 0.249 acres 0 acres 0 credits Site 21 0.389 acres 0 acres 0 credits Total: 1.285 acres 0 acres 0 credits City of Sanford Water & Sewer Improvements Phase 1 Water & Sewer: Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required Perennial Streams (HUC 03030002) 5-71/5-13 94 linear feet 54 linear feet 0 credits 5-02 - culvert 229 linear feet 0 linear feet 229 credits 5-88 33 linear feet 0 linear feet 0 credits 5-85/S-05 41linear feet 43linear feet 0credits Total: 3971inear feet 971inear feet 229 credits Wetlands (HUC 03030002) W-81/W-88 0.10 acres 0.09 acres 0 credits W-87/W-86 0.09 acres 0.08 acres 0 credits W-11 0 acres 0.46 acres 0 credits W-12 0 acres 0.14 acres 0 credits W-85 0.54 acres 0 acres 0 credits W-02 - culvert 0.20 acres 0 acres 0.20 credits W-04 -culvert 0.35 acres 0 acres 0.35 credits W-83 0 acres 0.23 acres 0 credits W-72 0.11 acres 0 acres 0.11 credits W-74/W-73 0.01 acres 0.01 acres 0 credits W-80 0 acres 0.02 acres 0 credits ���North Carolina Department of Environmental Quality I Division of Water Resources D_ E Q J� 512 Noah SalisburyStreet 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NOiTM '"^ 919707,9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 8 of 29 Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required W-79 0 acres 0.02 acres 0 credits W-78 0 acres 0.02 acres 0 credits W-82 0 acres 0.02 acres 0 credits Total. 1.4 acres 1.09 acres 0.66 credits *Permanent stream impacts, other than those noted for culvert installation, are for permanent crossings of the minimum width necessary for routine vehicle access, and/or for armoring of streambed and/or streambank for permanent stabilization. All areas permanently armored will be reconstructed to match the adjacent natural channel dimensions and streambed elevations. **Temporary stream impacts are for dewatering within the Limits of Disturbance (LOD). No grubbing or grading of the streambanks will occur in these areas. No vehicular or machinery shall impact the streambed or streambanks within these impact areas. City of Sanford Water & Sewer Improvements Phase 2 Water: Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required Perennial Streams (HUC 03030004) 5-90/5-50 48linear feet 20linear feet 0credits 5-78/5-51 47 linear feet 20 linear feet 0 credits 5-82 40linear feet 0linear feet 0credits Total. 135 linear feet 40 linear feet 0 credits Intermittent Streams (HUC 03030004) 5-57/5-89 66linear feet 10linear feet 0credits 5-56 29 linear feet 0 linear feet 0 credits 5-55 30 linear feet 0 linear feet 0 credits Total: 125 linear feet 10 linear feet 0 credits Wetlands (HUC 03030002) W-49 0.21 acres 0 acres 0 credits W-47 0.38 acres 0 acres 0 credits W-45 0.06 acres 0 acres 0 credits W-51 0.10 acres 0 acres 0 credits W-75 0.21 acres 0 acres 0 credits Total: 0.96 acres 0 acres 0 credits Wetlands (HUC 03030004) W-56/W-55 0.57 acres 0.24 acres 0 credits W-58/W-57 0.25 acres 0.07 acres 0 credits W-63 0 acres 0.06 acres 0 credits W-53a/W-68 2.66 acres 0.13 acres 0 credits W-53b/W-69 0.94 acres 0.73 acres 0 credits W-53c/W-70 0.29 acres 0.31 acres 0 credits W-59 0 acres 0.06 acres 0 credits W-61/W-60 0.03 acres 0.07 acres 0 credits D ra ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 no.1 N 919.707.9000 m.Mm u I VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 9 of 29 Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required W-62 0 acres 0.08 acres 0 credits W-74a 0 acres 0.28 acres 0 credits Total: 4.74 acres 2.03 acres 0 credits *Permanent stream impacts, other than those noted for culvert installation, are for permanent crossings of the minimum width necessary for routine vehicle access, and/or for armoring of streambed and/or streambank for permanent stabilization. All areas permanently armored will be reconstructed to match the adjacent natural channel dimensions and streambed elevations. **Temporary stream impacts are for dewatering within the Limits of Disturbance (LOD). No grubbing or grading of the streambanks will occur in these areas. No vehicular or machinery shall impact the streambed or streambanks within these impact areas. City of Sanford Water & Sewer Improvements Phase 2 Sewer: Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required Perennial Streams (HUC 03030004) 5-63/5-26 30 linear feet 10 linear feet 0 credits 5-100/5-24 53 linear feet 12 linear feet 0 credits S-23 54 linear feet 0 linear feet 0 credits 5-60/5-22 38 linear feet 13 linear feet 0 credits 5-59/5-21 47 linear feet 3 linear feet 0 credits 5-77 30linear feet 0linear feet 0credits Total: 252 linear feet 38 linear feet 0 credits Intermittent Streams (HUC 03030004) 5-32 (ephemeral stream) 0 linear feet 56 linear feet 0 credits 5-65/5-31 35 linear feet 11 linear feet 0 credits 5-64/5-30 46linear feet 9linear feet 0credits 5-86/5-25 47linear feet 11linear feet 0credits 5-20 44 linear feet 0 linear feet 0 credits 5-19 40linear feet 0linear feet 0credits 5-18 73 linear feet 0 linear feet 0 credits 5-17 41 linear feet 0 linear feet 0 credits 5-16 59linear feet 0linear feet 0credits 5-15 65 linear feet 0 linear feet 0 credits 5-47 74 linear feet 0 linear feet 0 credits 5-46 51linear feet 0linear feet 0credits 5-44 41 linear feet 0 linear feet 0 credits 5-43 31 linear feet 0 linear feet 0 credits 5-37(ephemeralstream) 82linear feet 0linear feet 0credits 5-77 30linear feet 0linear feet 0credits Total: 759 linear feet 87 linearfeet 0 credits Perennial Streams (HUC 03030003) North Carolina Department of Environmental Quality I Division of Water Resources D_E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 .. 11^ 919J079000 aa.A..M a evwo..vu aver Vinfast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 10 of 29 Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required 5-76/5-38 20 linear feet 22 linear feet 0 credits 5-75- culvert /5-36 22 linear feet 27 linear feet 22 credits 5-72 - culvert/5-33 20 linear feet 22 linear feet 20 credits 5-66-culvert/5-87 1 24 linear feet 24 linear feet 24 credits Total: 1 86 linearfeet 95 linear feet 66 credits Intermittent Streams (HUC 03030003) 5-69/5-68 (ephemeral stream) 21 linear feet 11 linear feet 0 credits 5-74/5-35(ephemeral stream) 20linear feet 23linear feet 0credits 5-73/5-34 (ephemeral stream) 20 linear feet 21 linear feet 0 credits Total: 61 linear feet 55 linear feet 0 credits Wetlands (HUC 03030004) W-60A 0.03 acres 0 acres 0 credits W-34 0 acres 0.05 acres 0 credits W-64 0 acres 0.001 acres 0 credits W-32 0 acres 0.06 acres 0 credits W-84 0 acres 0.04 acres 0 credits W-28 0 acres 0.48 acres 0 credits W-26 0 acres 0.001 acres 0 credits W-24 0 acres 0.05 acres 0 credits W-22 0 acres 0.02 acres 0 credits W-20 0.12 acres 0 acres 0 credits W-18 0 acres 0.002 acres 0 credits W-17 0 acres 0.16 acres 0 credits Total: 1 0.15 acres 0.864 acres 0 credits Wetlands (HUC 03030003) W-42 0.08 acres 0 acres 0 credits Total: 0.08 acres 0 acres 0 credits Wetlands (HUC 03030002) W-77/W-16 0.02 acres 0.01 acres 0 credits W-76/W-14 0.08 acres 0.03 acres 0 credits Total: 0.10 acres 0.04 acres 0 credits *Permanent stream impacts, other than those noted for culvert installation, are for permanent crossings of the minimum width necessary for routine vehicle access, and/or for armoring of streambed and/or streambank for permanent stabilization. All areas permanently armored will be reconstructed to match the adjacent natural channel dimensions and streambed elevations. **Temporary stream impacts are for dewatering within the Limits of Disturbance (LOD). No grubbing or grading of the streambanks will occur in these areas. No vehicular or machinery shall impact the streambed or streambanks within these impact areas. D_E O%M North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail ServiceCenter I Raleigh, North Carolina 27699-1617 919.707,9000 VinFast Manufacturing U5, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 11 of 29 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The Permittee has proposed a phased mitigation schedule as noted below for each project area. The attached Compensatory Mitigation Responsibility Transfer Forms (Forms) shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. VinFast Manufacturing Facility Site: Compensatory Mitigation Required River and Sub -basin Number Phase 113 Wetland 0.02 acres (credits) Cape Fear / 03030002 Stream 364 linear feet (credits) Cape Fear / 03030002 Phase 3 Wetland 0.013 acres (credits) Cape Fear / 03030002 Stream 313 linear feet (credits) Cape Fear/03030002 NCDOT Transportation Improvements: Compensatory Mitigation Required River and Sub -basin Number Phase 1 (East) Wetland 4.625 acres (credits) Cape Fear / 03030002 Stream 977 linear feet (credits) Cape Fear/03030002 Phase 2 (West) Wetland 12.446 acres (credits) Cape Fear / 03030002 Stream 2133 linear feet (credits) Cape Fear/03030002 City of Sanford Water & Sewer Improvements: Compensatory Mitigation Required River and Sub -basin Number Stream 229 linear feet (credits) Cape Fear/03030002 Stream 66linear feet (credits) Cape Fear/ 03030003 Wetland 0.66 acres (credits) Cape Fear/ 03030002 Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources i 12 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 riomn cu+avm 919.707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 12 of 29 2. The Permittee shall ensure that within the Sanford Water & Sewer Improvement projects, during right-of-way clearing, grubbing and grading will be limited within 50 feet of a stream except for one traffic lane for construction equipment until construction activities that necessary for utility installation can occur continuously and expeditiously in order to minimize the length of disturbance to the waterbody. Citation: 15A NCAC 02H .0506(b)(2) and (3), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, • secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. The Permittee shall adhere to the Horizontal Directional Drill Contingency Plan provided to the Division on March 13, 2023. If an inadvertent return enters a surface water, wetland or protected riparian buffer, the Permittee shall notify the Raleigh Regional Office at 919-791-4200 (after hours and on weekends call 800-858-0368). Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 4. When final design plans are completed for Impact Sites 3 and 5 within the VinFast Manufacturing Facility the Permittee shall submit a copy to the Division for review. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters. The Permittee shall submit a permit modification request if the impacts from the final design of the road crossings are different than those identified in this approval. No construction activities (including temporary impacts) shall begin at Impact Sites 3 and 5 until after a permit modification has been secured, or the Division has acknowledged review of the final design drawings. Citation: 15A NCAC O2H .O5O6(b)(2) and (3),,15A NCAC 02H .05O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 5. When final design plans are completed for the transportation improvements, a modification to this Certification shall be submitted to the Division. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters and shall include an appropriate final Stormwater Management Plan. No construction activities (including temporary impacts) that impact any wetlands, streams, or surface waters identified as part of the transportation improvements for this project shall begin until after a North Carolina Department of Environmental Quality I Division of Water Resources D_E Q��y 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 os.ww as�ra.ay 919,707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQ0006095 Page 13 of 29 written modification of this Certification has been issued by the Division. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. The Permittee shall notify the Division of any additional impacts to streams, open waters, regulated buffers, and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities associated with this project. These impacts may be considered cumulative to impacts approved in this Certification and may require a modification of this 401 Water Quality Certification approval. Citation: 15A NCAC 02H .0506,• 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 7. The Permittee shall stake the limits of disturbance at utility crossing of Shaddox Creek and conduct a preconstruction meeting with DWR prior to beginning temporary dewatering activities for utility line installation. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity,• wildlife; secondary contact recreation; agriculture), and that 8. The Permittee shall conduct a preconstruction meeting with DWR prior to beginning land disturbing activities for utility line installation from Sta 4+00 to End within the Phase 1 Gravity Sewer line (Plan Sheet GS-1/ESC-15) where work is to be conducted adjacent to a stream channel. Citation: 15A NCAC 02H .0506,• 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity,• wildlife; secondary contact recreation; agriculture), and that 9. For all pond draining activities the Permittee shall ensure that proper measures are taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond draining techniques will create significant disturbance to native aquatic species, additional measures such as collection and �y North Carolina Department of Environmental Quality I Division of Water Resources D_E QJ� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 uw..wyti ' 919,707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 14 of 29 relocation of those native aquatic species may be necessary per the recommendation of the North Carolina Wildlife Resources Commission. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. The Permittee shall secure an approved stormwater management plan (SMP) from Chatham County for each Phase before any impacts authorized this certification occur within that Phase. The applicable portion of the approved SMP shall be constructed and operational before any permanent building or other permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control device, it must be restored to the approved stormwater design condition within 30 days of close-out of the Erosion and Sediment Control Plan. The Permittee shall ensure that all final construction plans for the development comply with the commitments ensure that downstream hydrology is provided to all jurisdictional features within the project limits made within the 401 application and supplemental documents. If any additional direct, or indirect, stream, wetland, or open water impacts result from final SMP design and/or review or approval then Permittee shall submit an application to modify the 401 certification to account for the additional impacts. Any such impact will be considered cumulative to the project. Citation: 15A NCAC 02H .0506(b)(2) and (3), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 11. All wetlands, streams, and surface waters located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. North Carolina Department of Environmental Quality I Division of Water Resources D_E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 o<wM..M m u�.,�nm_I �/ 919707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 15 of 29 Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 12. The Permittee shall ensure that within the Sanford Water & Sewer Improvement projects, during right-of-way clearing, grubbing and grading will be limited within 50 feet of a stream except for one traffic lane for construction equipment until construction activities that necessary for utility installation can occur continuously and expeditiously in order to minimize the length of disturbance to the waterbody. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 13. The Permittee shall adhere to the Horizontal Directional Drill Inadvertent Release Prevention and Response Contingency Plan as submitted on March 10, 2023. If an inadvertent release enters a surface water or wetland, the Permittee shall immediately notify the Raleigh Regional Office at 919- 791-4200 (after hours and on weekends call 800-858-0368). [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 028 .0200 (3)(f), and GS 143 Article 21A]. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 14. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, • wildlife: secondary contact recreation: agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. D E 0%,Z North Carolina Department of Environmental Quality I Division of Water Resources 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NO1RNCA9"'"` 919,707,9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 16 of 29 15. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 16. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 17. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide for utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 18. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative North Carolina Department of Environmental Quality I Division of Water Resources D_E Q�� 512 North SalisburyStreet 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707 9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 17 of 29 criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 19. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. The following specifications shall apply to class B concrete: i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii. Maximum water -cement ratio gallons per sack 6.8 iv. Slump range 2" to 4" v. Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 20. The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 21. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to -{� North Carolina Department of Environmental Quality I Division of Water Resources D_E QJ� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NO"r"�^POLNP 919707,9000 VinFast Manufacturing US, LLC D W R# 20221576 correction Individual Certification #WQC006095 Page 18 of 29 sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 22. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts), Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 23. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 213 of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 24. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the D E 0% � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 dew �m.rM �ar,�ws..�u w.w,� 919.707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 19 of 29 reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 25. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, D_E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ""-'d 919.707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 20 of 29 the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 26. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 27. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b),,15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 28. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 "b"'H W1"` 919.707.9000 VinFast Manufacturing U5, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 21 of 29 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU, • if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 29. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. �y North Carolina DepartmentofEnvironmental Quality I Division of Water Resources D E QJ� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 22 of 29 Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 30. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering streams or wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 31. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c),,15A NCAC 02B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. D_Hw Q�� North Carolina Department ofEnvironmenlal Quality I Division of Water Resources 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 o�r..'A 919.707 9000 .wM+mm meni o..w,� VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQC006095 Page 23 of 29 32. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200,• 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 33. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 34. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 35. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and North Carolina Department of Environmental Quality I Division of Water Resources Q� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 "a"TM'" D 919.707.9000 VinFast Manufacturing U5, LLC DWR# 20221576 correction Individual Certification #WQ0006095 Page 24 of 29 streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0505(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 36. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the stream bed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 37. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. E Q_� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 40,Zo 919.707.9000 rcm� ..0 un VinFast Manufacturing US, LLC DWR# 20221576 correction Individual Certification #WQ0006095 Page 25 of 29 38. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 39. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: ISA NCAC 02H .0507(c), N.C. G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 40. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 41. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b),, 15A NCAC 02H .0507(c) 1011�-{� North Carolina Department of Environmental Quality I Division of Water Resources D_E QJ� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 /`� 919,707.9000 VinFast Manufacturing U5, U-C DWR# 20221576 correction Individual Certification #WQ0006095 Page 26 of 29 Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the IsI day�of Dece ber i Richard E. Rogers, Jr., Directo Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources D_E Q512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 ROY COOPER Governor ELIZ.ABETH S. BISER secretary RICHARD E. ROGERS, JR Director NORTH CAROLINA Fnvironmenta! Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM December 1, 2023 Permittee: VinFast Manufacturing US, LLC DWR Project # 20221576 Project Name: VinFast Automotive Manufacturing Facility (Project Blue) & Associated Infrastructure County: Chatham The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to partially satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006095 issued to VinFast Manufacturing US, LLC and the NC Department of Transportation, dated December 1, 2023 as provided in the table below. VinFast Manufacturing Facility Site: Compensatory Mitigation Required River and Sub -basin Number Phase 1B Wetland 0.02 acres (credits) Cape Fear / 03030002 Stream 364 linear feet (credits) Cape Fear / 03030002 Phase 3 Wetland 0.013 acres (credits) Cape Fear/ 03030002 Stream 313 linear feet (credits) Cape Fear/03030002 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: Noah Carolina Department of Environmental Quality I Division of Water Resources WE��� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORfX 919.707,9000 awn COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM December 1, 2023 Permittee: VinFast Manufacturing US, LLC DWR Project # 20221576 Project Name: VinFast Automotive Manufacturing Facility (Project Blue) & Associated Infrastructure County: Chatham The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to partially satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006095 issued to VinFast Manufacturing US, LLC and the NC Department of Transportation, dated December 1, 2023 as provided in the table below. City of Sanford Water & Sewer Improvements: Compensatory Mitigation Required River and Sub -basin Number Stream 229 linear feet (credits) Cape Fear/ 03030002 Stream 66 linear feet (credits) Cape Fear / 03030003 Wetland 0.66 acres (credits) Cape Fear/03030002 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: North Carolina Department of Environmental Quality I Division of Water Resources D 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 276999611 sn 919.707.9000 ROY COOPER Governer ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM December 1, 2023 Permittee: North Carolina Department of Transportation DWR Project # 20221576 Project Name: VinFast Automotive Manufacturing Facility (Project Blue) & Associated Infrastructure County: Chatham The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to partially satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006095 issued to VinFast Manufacturing US, LLC and the NC Department of Transportation, dated December 1, 2023 as provided in the table below. NCDOT Transportation Improvements: Compensatory Mitigation Required River and Sub -basin Number Phase 1 (East) Wetland 4.625 acres (credits) Cape Fear / 03030002 Stream 977 linear feet (credits) Cape Fear/03030002 Phase 2 (West) Wetland 12.446 acres (credits) Cape Fear/ 03030002 Stream 1 2133 linear feet (credits) Cape Fear/03030002 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: D_E Q Nonh Carolina Depanmenl of Environmental Quahrp I Division of Water Rcselacea 512 Nonh Salisbury Streel 1 1611 Mail Service CenaT I Raleigh, Nonh Carolina 27699-1611 "ter"— __.; 919,707,9000