HomeMy WebLinkAbout20221576 Ver 1_USACE Permit_20231211DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 11, 2023
Regulatory Division
Action ID: SAW-2014-00610
VinFast Manufacturing US, LLC
Attn: Thi Van Anh Nguyen
160 Mine Lake Court, Suite 200
Raleigh, North Carolina 27615
North Carolina Department of Transportation
Attn: Jeffrey L. Teague
Division of Highways, Division 8
121 DOT Drive
Carthage, North Carolina 28327
Dear Ms. Nguyen and Mr. Teague:
In accordance with your written request of November 8, 2022, and the ensuing
administrative record, enclosed is a permit to permanently discharge dredged or fill
material into a total of 0.850 acre (5,824 linear feet) of stream channel (0.521 acre
[4,122 linear feet] of which are considered a permanent loss of waters), 17.765 acres of
wetlands, and 4.359 acres of open water impoundments, and temporarily discharge
dredged or fill material into a total of 0.160 acre (912 linear feet) of stream channel and
10.981 acres of wetlands (6.77 acres of which would be permanently converted from
forested wetlands to herbaceous wetlands), associated with developing an electric
vehicle (EV) manufacturing complex and associated infrastructure in Chatham County,
North Carolina.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant general conditions require that:
a. You must complete construction before December 31, 2033.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and
conditions.
You should address all questions regarding this authorization to David E. Bailey at
the Raleigh Regulatory Field Office, telephone (919) 817-2436 or via email at
David. E. Bailey2(a)usace.army. m il.
Sincerely,
Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Jason Hartshorn, Kimley-Horn, mason. hartshorn(a)kimley-horn.com
Todd Bowers, U.S. Environmental Protection Agency, bowers.todd(a)epa.gov
Sue Homewood, North Carolina Division of Water Resources,
sue. homewood(a)deg. nc.gov
Pete Benjamin, U. S. Fish and Wildlife Service, Pete beniamin(a)fws.gov
DEPARTMENT OF THE ARMY PERMIT
Permittee VINFAST MANUFACTURING US, LLC
ATTN: THI VAN ANH NGUYEN
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
ATTN: JEFFREY L. TEAGUE
Permit No. SAW-2014-00610
Issuing Office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves construction of the Vinfast electric vehicle (EV) manufacturing
complex (Project Blue) and associated infrastructure, including NCDOT roadway improvements (STIP No.
HE-0006) and utility improvements. The project involves the permanent discharge of dredged or fill material
into a total of 0.850 acre (5,824 linear feet) of stream channel (0.521 acre [4,122 linear feet] of which are
considered a permanent loss of waters), 17.765 acres of wetlands, and 4.359 acres of open water
impoundments, and the temporary discharge of fill material into a total of 0.160 acre (912 linear feet) of stream
channel and 10.981 acres of wetlands (6.77 acres of which would be permanently converted from forested
wetlands to herbaceous wetlands).
Project Location: The Project Blue site is located approximately 3.5 miles east of Moncure and 1.0 mile west
of Shearon Harris Reservoir, approximately 0.5 mile west of the Wake County line, in southeastern
Chatham County, North Carolina (35.6143840 N,-79.0187040 W). The NCDOT STIP HE-0006 roadway
improvements are primarily centered along and between the existing interchanges of US Highway 1 (US-1)
with Pea Ridge Road (SR 1972) and Old US-1 (SR 1011), and extend generally south to the Project Blue site.
Phase 1 of the water and sewer lines extend approximately 2.75 miles from the north side of Old US-1 (at
Pea Ridge Road) in Moncure, Chatham County, to Woodland Road and through the western portion of the
Project Blue site. Phase 2 of the sewer line extends approximately 13 miles from Iron Furnace Road (SR
1463) in Sanford, Lee County to Corinth Road (SR 1916) southwest of the Project Blue site. Phase 2 of the
waterline extends 7.3 miles north from Poplar Springs Church Road (SR-1537) to the Old US-1 and Corinth
Road intersection, with an additional 3,000-foot extension from Lower Moncure Road (SR 1002) to Moncure
Pittsboro Road (SR 1012), in Moncure Chatham County. Natural gas line improvements extend 2.24 miles
south along Moncure Flatwood Road (SR 1924) and tie into the northern portion of the Project Blue site.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2033. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached
if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,
or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of
the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this
time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
12/08/2023
(PERMITTEE) VINFAST MANUFACTURING US, LLC (DATE)
MS. THI VAN ANH NGUYEN
9��7 12/08/2023
(PERMITTEE) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (DATE)
MR. JEFFREY L. TEAGUE
This permit becomes effective when the . ederal official, designated to act for the Secretary of the Army, has signed
below.
11 DEC 2023
(DISTRICT COMMANDER) BRAD A. MORGAN, COLONEL (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE) (DATE)
4 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
WORK LIMITS / NOTIFICATION
Work Limits: All work authorized by this permit shall be performed in strict
compliance with the following attached permit plans, itemized by project component,
which are a part of this permit:
a. Project Blue (Vinfast facility): "Alternative 4 (Revised), Preferred Alternative"
dated August 4, 2023, "Road Plan and Profile" Sheets 4 and 6 of 7, "Permanent
Culvert Crossing #3 Future Phase 3", "Permanent Culvert Crossing #4 and #5
Future Phase 3", "Erosion Control Details" Sheets 4, 5, and 8 of 8, and "Appendix
G: Project Blue Permit Impact Drawings" - Impact Sites 1 - 5;
b. NCDOT STIP HE-0006: NCDOT "Wetland and Surface Water Impacts Permit"
Phase 1 B Permit Drawing Sheets 1 - 33 and Phase 1 C Permit Drawing Sheets 1
- 13.
c. Utilities:
i. "City of Sanford, Sanford - TIP Water and Sewer Improvements, Phase I
Water and Sewer Line Potential WOTUS Impacts" Pages 1 - 15;
ii. "City of Sanford, Sanford - TIP Water and Sewer Improvements, Phase II
Sewer Line Potential WOTUS Impacts" Pages 1 - 49;
iii. "City of Sanford, Sanford - TIP Water and Sewer Improvements, Phase II
Water Line Potential WOTUS Impacts" Pages 1 - 28;
iv. "City of Sanford Triangle Innovation Point Water & Sewer Improvements
Phase 1 Chatham and Lee County" Sheets G-1 - G-7, GS-1, UT-8 - UT-
22, BL-5, BL-8 - BL-10, LS-1, LS-2, AD-1 - AD-7, AD-1 2, ADDT-1, DT-1,
DT-2, DT-6, ESC-8 - ESC-20, ECDT-3, and ECDT-5 - ECDT-8;
V. "City of Sanford Triangle Innovation Point Water & Sewer Improvements
Phase 2 Chatham and Lee County" sewer Sheets G-1 - G-5, GS-1, GS-2,
FM-1 - FM-68, LS-1, LS-2, LS-7, LS-8, LS-14, LS-15, DT-1, DT-2, DT-6,
ESC-1 - ESC-51, and ECDT-5 - ECDT-8;
vi. "City of Sanford Triangle Innovation Point Water & Sewer Improvements
Phase 2 Chatham and Lee County" water Sheets G-1 - G-14, WL-1 -WL-
30, HDD-1- HDD-3, WDT-5, DT-1, DT-2, DT-6, ESC-1 - ESC-23, ECDT-3,
ECDT-5 - ECDT-8,
The Permittees shall ensure that the construction design plans for this project do
not deviate from the permit plans (itemized per project component above)
attached to this authorization. Any modification to the attached permit plans must
be approved by the U.S. Army Corps of Engineers (Corps) prior to any active
construction in waters or wetlands.
SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
2. Phasing of the STIP HE-0006 Component: For the HE-0006 component, this
permit only authorizes work on Phases 1 B and 1 C of STIP HE-0006. Construction
on Phases 1 D, 1 E, 2A, and 213 of STIP HE-0006 shall not commence until all the
following occur: (a) final design has been completed for those sections and
submitted to the Corps; (b) the Permittee has minimized impacts to waters and
wetlands to the maximum extent practicable and the Corps concurs with this
assessment; (c) any modification to the plans have been approved by the Corps in
writing; and (d) a final compensatory mitigation plan has been submitted by the
Permittee and approved by the Corps.
3. Borrow and Waste: To ensure that all borrow and waste activities occur on high
ground and do not result in the degradation of adjacent waters and wetlands, except
as authorized by this permit, the Permittee shall require its contractors and/or agents
to identify all areas to be used as borrow and/or waste sites associated with this
project. The Permittee shall provide the Corps with appropriate maps indicating the
locations of proposed borrow and/or waste sites as soon as such information is
available. The Permittee shall submit to the Corps site -specific information needed
to ensure that borrow and/or waste sites comply with all applicable Federal
requirements, to include compliance with the Endangered Species Act and the
National Historic Preservation Act, such as surveys or correspondence with
agencies (e.g., USFWS, SHPO, etc.). The required information shall also include the
location of all aquatic features, if any, out to a distance of 400 feet beyond the
nearest boundary of the site. The Permittee shall not approve any borrow and/or
waste sites before receiving written confirmation from the Corps that the proposed
site meets all Federal requirements, whether or not potential waters of the U.S.
including wetlands are located in the proposed borrow and/or waste site. All
delineations of aquatic sites on borrow and/or waste sites must be verified by the
Corps and shown on the approved reclamation plans. The Permittees shall ensure
that all borrow and/or waste sites comply with Special Condition 4 of this permit.
Additionally, the Permittees shall produce and maintain documentation of all borrow
and waste sites associated with this project. This documentation will include data
regarding soils, vegetation, hydrology, any delineation(s) of potential waters of the
US, and any jurisdictional determinations made by the Corps to clearly demonstrate
compliance with Special Condition 4. All information will be available to the Corps
upon request. The Permittees shall require its contractors to complete and execute
reclamation plans for each borrow and/or waste site and provide written
documentation that the reclamation plans have been implemented and all work is
completed. This documentation will be provided to the Corps within 30 days of the
completion of the reclamation work.
4. Except as authorized by this permit or any Corps -approved modification to this
permit, no excavation, fill, or mechanized land -clearing activities shall take place at
any time in the construction or maintenance of this project, within potential waters of
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SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
the US including wetlands, or shall any activities take place that cause the
degradation of potential waters of the US including wetlands. There shall be no
excavation from, waste disposal into, or degradation of, potential waters of the US
including wetlands associated with this permit without appropriate modification of
this permit, including appropriate compensatory mitigation. This prohibition applies to
all borrow and waste activities connected with this project. In addition, except as
specified in the plans attached to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns
within, into, or out of potential waters of the US including wetlands or to reduce the
reach of potential waters of the US including wetlands.
5. Permit Distribution: The Permittees shall require their contractors and/or agents to
comply with the terms and conditions of this permit 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
permit. A copy of this permit, including all conditions and drawings shall be available
at the project site during construction and maintenance of this project.
6. Preconstruction Meeting: The Permittees shall conduct an onsite preconstruction
meeting(s) between their representatives, their contractor's representatives, and the
appropriate Corps Project Manager prior to undertaking any work within jurisdictional
waters and wetlands to ensure that there is a mutual understanding of all terms and
conditions contained within the Department of the Army permit. The Permittees shall
schedule the preconstruction meeting(s) for a time frame when the Corps, and
NCDWR Project Managers can attend. The Permittees shall invite the Corps, and
NCDWR Project Managers a minimum of thirty (30) days in advance of the
scheduled meeting in order to provide those individuals with ample opportunity to
schedule and participate in the required meeting. The thirty (30) day requirement
can be waived with the concurrence of the Corps.
7. Notification of Construction Commencement and Completion: The Permittees
shall notify the Corps in writing prior to beginning the work authorized by this permit
and again upon completion of the work authorized by this permit.
8. Reporting Address: All reports, documentation, and correspondence required by
the conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District, Raleigh Regulatory Field Office, Attn: David E. Bailey
at 919-817-2436 / David.E.Bailey2@usace.army.mil. The Permittees shall reference
the following permit number, SAW-2014-00610, on all submittals.
9. Permit Revocation: The Permittees, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to
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SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the waters or wetlands to their pre -
project conditions.
10. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act shall be reported to the Corps in writing and by
telephone at: 919-817-2436 / David.E.Bailey2@usace.army.mil within 24 hours of
the Permittees' discovery of the violation.
ENDANGERED SPECIES ACT
11. The Permittees shall implement all necessary measures to ensure the authorized
activity does not kill, injure, capture, harass, or otherwise harm any federally -listed
threatened or endangered species. While accomplishing the authorized work, if the
Permittees discover or observe an injured or dead threatened or endangered
species, the U.S. Army Corps of Engineers, Wilmington District, Raleigh Regulatory
Field Office, Attn: 919-817-2436 / David. E.Bailey2@usace.army. mi1, must be
immediately notified to initiate the required Federal coordination.
12. Suitable habitat for tricolored bat (Perimyotis subf/avus) may be present within the
project areas of the Project Blue, HE-0006, and utilities project components. On
September 14, 2022, the USFWS published a proposal in the Federal Register to list
the tricolored bat as endangered under the Endangered Species Act (ESA). The
permittee understands and agrees that all work associated with the clearing and
removal of trees and removal or modification of culverts must be completed prior to
the effective date of the final listing in the Federal Register. Work associated with the
aforementioned activities not completed by that time must cease and the permittee
must contact the Corps (Attn: David E. Bailey, 919-817-2436 /
David. E.Bailey2@usace.army.mil) to determine if additional coordination with the
United States Fish and Wildlife Service is required under Section 7 of the
Endangered Species Act prior to continuing work.
13.The Wilmington District, Federal Highway Administration, U.S. Fish and Wildlife
Service (USFWS), and the North Carolina Department of Transportation (NCDOT)
have conducted programmatic Section 7(a)(2) consultation for the Northern long-
eared bat (NLEB) for NCDOT projects located in Divisions 1-8. The result of this
programmatic consultation is a Programmatic Biological Opinion (PBO) issued by
the USFWS titled, "Programmatic Biological Opinion — Revised, NCDOT Program
Effects on the Northern Long-eared Bat in Divisions 1-8", dated December 15, 2022.
This PBO contains agreed upon conservation measures which would minimize take
of NLEB. As noted in the PBO, applicability of these conservation measures varies
depending on the location of the project. The USFWS has documented that no
reasonable and prudent measures, nor terms and conditions, are necessary or
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SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
appropriate to minimize the amount or extent of incidental take of NLEB caused by
the Action; therefore, the incidental take statement does not provide reasonable and
prudent measures for this species. Department of the Army (DA) authorization under
general permit or standard permit (Individual Permit) is conditional upon the
NCDOT's compliance with applicable, agreed upon conservations measures of the
PBO, which is incorporated by reference in this permit for the HE-0006 project
component. Failure to comply with the applicable conservation measures, where a
take of the NLEB occurs, would constitute an unauthorized take by the permittee,
and would also constitute permittee non-compliance with this permit for the HE-0006
project component. The USFWS is the appropriate authority to determine
compliance with the terms and conditions of its PBO and the ESA. All PBOs can be
found on our website at: https,//www.saw.usace.army.miI/Missions/Regulatory-
Permit-Program/Agency-Coordination/ESA/.
NATIONAL HISTORIC PRESERVATION ACT
14. NCDOT shall abide by all stipulations identified in the Memorandum of Agreement
between the North Carolina Department of Transportation, the North Carolina State
Historic Preservation Officer and the U.S. Army Corps of Engineers, Wilmington
District, executed on October 24, 2023, which is incorporated herein by reference
(copy attached).
15. While accomplishing the authorized work, if the Permittees discover any previously
unknown cultural resources, the District Engineer will be immediately notified so that
required coordination can be initiated with the North Carolina Division of Natural and
Cultural Resources.
MAINTAIN FLOWS AND CIRCULATION PATTERNS OF WATERS
16. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters and/or
wetlands.
17.The Permittee shall implement all reasonable and practicable measures to ensure
that equipment, structures, fill pads, work, and operations associated with this
project do not adversely affect upstream and/or downstream reaches. Adverse
effects include, but are not limited to, channel instability, flooding, and/or stream
bank erosion. The Permittee shall routinely monitor for these effects, cease all work
when detected, take initial corrective measures to correct actively eroding areas, and
notify this office immediately. Permanent corrective measures may require additional
authorization by the U.S. Army Corps of Engineers.
SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
18. Culverts placed within wetlands must be installed in a manner that does not restrict
the flows and circulation patterns of waters of the United States. Culverts placed
across wetland fills purely for the purposes of equalizing surface water shall not be
buried, but the culverts must be of adequate size and/or number to ensure
unrestricted transmission of water.
UTILITIES
19.Authorized permanent at -grade stream and wetland crossings (e.g. fords) for the
utilities project component must be constructed according to the "Permanent Stream
Crossing" and "Wetland Crossing" details included (Sheet ECDT-8) in the attached
permit plans.
20.Temporary Impacts Restoration Measures: Within thirty (30) days of the date of
completing the authorized work, the Permittee shall remove all temporary fills in
potential waters of the US and restore the affected areas to pre -construction
contours and elevations. The affected areas shall be re -vegetated with regionally
appropriate native, non-invasive riparian vegetation to minimize erosion and ensure
site stability.
a. Authorized temporary impacts to streams for the utility project component of this
project must be restored and stabilized according to the "Special Embankment
For River Bank Stabilization" detail included (Sheet ECDT-5) in the attached
permit plans.
b. In wetland areas where utility installation via trenching is authorized, wetland
topsoil shall be segregated from the underlying subsoil, and the top 6 to 12
inches of the trench shall be backfilled with topsoil from the trench.
21. Crossings of the Cape Fear and Haw Rivers, Gulf Creek, and Shaddox Creek
(waterline) must be accomplished through trenchless methods, such as horizontal
directional drilling (HDD) or similar. Note that no discharges of dredged or fill
material are authorized within the Neuse River whatsoever.
22. Inadvertent Release: When using HDD or similar trenchless techniques under
potential waters of the United States, including wetlands, the Permittees shall closely
monitor the project for inadvertent releases of material from the drilling operation
leaching to the surface and into potentially jurisdictional areas. Any discharge from
inadvertent releases into potential waters of the United States, including wetlands,
shall be reported to U.S. Army Corps of Engineers, Wilmington District Raleigh
Regulatory Field Office, Attn: David E. Bailey, 919-817-2436 or
David.E.Bailey2@usace.army.mil within 48 hours. Restoration and/or mitigation may
be required as a result of any unintended discharges.
0
SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
All crossings of wetlands, streams, or other waters undertaken using Horizontal
Directional Drill methods must abide by the attached "Michaels° Contingency Plan,
Inadvertent Release Prevention and Response Plan for Non -Hazardous Drilling
Fluid" (pages 1 through 9).
RELATED LAWS
23. Sediment and Erosion Control:
a. No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
b. The Permittees shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior
to project completion.
c. The Permittees shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to ensure
compliance with the appropriate turbidity water quality standard. Erosion and
sediment control practices shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such
Best Management Practices in order to ensure compliance with the appropriate
turbidity water quality standards. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project shall
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic
resources. These measures shall be inspected and maintained regularly,
especially following rainfall events. All fill material shall be adequately stabilized
at the earliest practicable date to prevent sediment from entering into adjacent
waters or wetlands.
24. Clean Fill: The Permittees shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for
7
SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
fill shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all
fill material placed in waters or wetlands shall be generated from an upland source.
25.Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products
or any other hazardous waste, the Permittees shall immediately report it to the N.C.
Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act shall be
followed.
AQUATIC LIFE
26.Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
27. Prohibitions on Concrete: The Permittees shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned
to waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
COMPENSATORY MITIGATION
28. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Forms. The requirements
of these forms, including any special conditions listed on these forms, are hereby
incorporated as special conditions of this permit.
Compensatory mitigation phasing is provided in the table below:
A
SPECIAL CONDITIONS
ACTION ID: SAW-2014-00610
VINFAST MANUFACTURING US, LLC
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
VINFAST EV MANUFACTURING COMPLEX AND ASSOCIATED INFRASTRUCTURE
CHATHAM AND LEE COUNTIES
Special Condition 28 continued:
Project
Compensatory
Associated Permitted
Wetland
Stream
Compensatory
Component
Mitigation
Plan Sheets
Credits
Credits
Mitigation
Phasing
Re uired
Re uired
Requirement Due
"Road Plan and Profile"
Sheets 4 and 6 of 7,
Prior to initiating any
Phase 1 B
"Appendix G: Project Blue
0.04
728
impacts as authorized
Permit Impact Drawings" -
by this permit
Impact Sites 1 and 2
Phase 2
No impacts or comp nsatory mitigation require for this phase
Project Blue
"Permanent
(Vinfast
Culvert
facility)
Crossing #3 Future Phase
3", "Permanent Culvert
Prior to initiating any
Phase 3
Crossing #4 and #5 Future
0.026
626
authorized impacts in
Phase 3",and
"Appendix
Project Blue Phase 3
G: Project Blue
Permit Impact Drawings" -
Impact Sites 3-5
NCDOT "Wetland and
Surface Water Impacts
Prior to initiating any
Phase 1 B and
Permit" Phase 1 B Permit
8.24
1,954
impacts as authorized
STIP
1C
Drawing Sheets 1 — 33, and
by this permit
HE-0006
Phase 1C Permit Drawing
Sheets 1 — 13
Phases 1 D, 1 E,
Compensatory mitigation requirements for these phases will be assessed per
2A, and 2B
the sti ulations of S ecial Condition 2 above
"Phase I Water and Sewer
Line Potential WOTUS
Impacts" Sheets 1-15,
Water and
"Phase II Sewer Line
Prior to initiating any
Utilities
Sewer Lines
Potential WOTUS Impacts"
8.09
670
impacts as authorized
Phases 1 and 2
Sheets 1-49, and
by this permit
"Phase II Water Line
Potential WOTUS Impacts"
Sheets 1-28
*Note that the cost of compensatory mitigation credits is not determined by the Corps.
9
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Vinfast Manufacturing US,
File Number: SAW-2014-00610
Date -December 11, 2023
LLC
Attached is:
See Section below
X
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at https://www.usace.army.miI/Missions/Civil-
Works/Regulatory-Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of
this form and return the form to the district engineer. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
terms and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date
of this notice.
-1-
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of
the Army permit before final action has been taken on the Army permit application. The permit denial
without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate
processing of the Army permit application if subsequent approval is received from the appropriate
Federal, state, and/or local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD
or provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the
Corps within 60 days of the date of this notice means that you accept the approved JD in its
entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the
Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice.
The district will determine whether the information submitted qualifies as new information or data
that justifies reconsideration of the approved JD. A reconsideration request does not initiate the
appeal process. You may submit a request for appeal to the division engineer to preserve your
appeal rights while the district is determining whether the submitted information qualifies for a
reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further
consideration by the Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision
If you have questions regarding the appeal
you may contact:
process, or to submit your request for appeal, you
may contact:
Philip Shannin
Regulatory Appeals Review Officer
South Atlantic Division
60 Forsyth St SW, Floor M9
Atlanta, Georgia 30303-8803
Philip.A.Shannin2(a)usace.army.mil
404-562-5136
-2-
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or
your objections to an initial proffered permit in clear concise statements. Use additional pages as
necessary. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the
Corps memorandum for the record of the appeal conference or meeting, and any supplemental
information that the review officer has determined is needed to clarify the administrative record.
Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the
administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
and any government consultants, to conduct investigations of the project site during the course of the
appeal process. You will be provided a 15-day notice of any site investigation and will have the
opportunity to participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
-3-
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: North Carolina Department
File Number: SAW-2014-00610
Date: December 11, 2023
of Transportation
Attached is:
See Section below
X
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at https://www.usace.army.miI/Missions/Civil-
Works/Regulatory-Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of
this form and return the form to the district engineer. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
terms and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date
of this notice.
-1-
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of
the Army permit before final action has been taken on the Army permit application. The permit denial
without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate
processing of the Army permit application if subsequent approval is received from the appropriate
Federal, state, and/or local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD
or provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the
Corps within 60 days of the date of this notice means that you accept the approved JD in its
entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the
Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice.
The district will determine whether the information submitted qualifies as new information or data
that justifies reconsideration of the approved JD. A reconsideration request does not initiate the
appeal process. You may submit a request for appeal to the division engineer to preserve your
appeal rights while the district is determining whether the submitted information qualifies for a
reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further
consideration by the Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision
If you have questions regarding the appeal
you may contact:
process, or to submit your request for appeal, you
may contact:
Philip Shannin
Regulatory Appeals Review Officer
South Atlantic Division
60 Forsyth St SW, Floor M9
Atlanta, Georgia 30303-8803
Philip.A.Shannin2(a)usace.army.mil
404-562-5136
-2-
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or
your objections to an initial proffered permit in clear concise statements. Use additional pages as
necessary. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the
Corps memorandum for the record of the appeal conference or meeting, and any supplemental
information that the review officer has determined is needed to clarify the administrative record.
Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the
administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
and any government consultants, to conduct investigations of the project site during the course of the
appeal process. You will be provided a 15-day notice of any site investigation and will have the
opportunity to participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
-3-
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Project Blue component Phase 1B County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
73
1 0.02
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
146
0.04
Mitigation Site Debited: RES Cape Fear 02 Umbrella Mitigation Bank -Tobacco Road Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from RES, dated November 7, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to all of the mitigable wetland impacts and a portion of the
mitigable stream impacts associated with Phase 1B of the Project Blue component of the Vinfast single and
complete protect.
• The wetland and stream credits reauired correspond to 0.02 acre of impacts and 146 linear feet of im
respectively, at 2:1
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
X/9
District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Project Blue component Phase 1B County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
291
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
582
Mitigation Site Debited: RES Cape Fear 02 Umbrella Mitigation Bank - Dairyland Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from RES, dated November 7, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to a portion of the mitigable stream impacts associated with
Phase 1B of the Project Blue component of the Vinfast single and complete project.
• The stream credits required correspond to 291 linear feet of impacts at 2:1;
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
00,
District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Project Blue component Phase 3 County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
313
1 0.013
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
626
0.026
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• This compensatory mitigation requirement is specific to all of the mitigable stream and wetland impacts associated
with Phase 3 of the Project Blue component of the Vinfast single and complete project. Completion of this
mitigation requirement is due prior to initiating any impacts as authorized within Phase 3
• The wetland and stream credits required correspond to 0.013 acre of impacts and 313 linear feet of impacts,
respectively, at 2: 1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
Email:
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
David.E.Bailey2@usace.army.mil
�LI
Wilmington District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation (Attn: Jeffrey L. Teague) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex —STIP HE-0006 component Phases 1B and 1C County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
977
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,954
Mitigation Site Debited: Restoration Systems Cape Fear 02 Umbrella Mitigation Bank- Benton Branch Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• NCDOT provided documentation via email on November 9, 2023, that they had reserved these stream credits from
the bank sponsor.
• This compensatory mitigation requirement is specific to all of the mitigable stream impacts associated with Phases
1B and 1C of the STIP HE-0006 component of the Vinfast single and complete project.
• The stream credits required correspond to 977 linear feet of impacts at 2:1.
• This form was amended from the previous version (dated November 9, 2023) to correct errors in authorized
stream impact amounts.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
December 7, 2023
Wilmington District Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation (Attn: Jeffrey L. Teague) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex —STIP HE-0006 component Phases 1B and 1C County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
4.12
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
8.24
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• This compensatory mitigation requirement is specific to all of the mitigable wetland impacts associated with
Phases 1B and 1C of the STIP HE-0006 component of the Vinfast single and complete protect.
• The wetland and stream credits required correspond to 4.12 acre of impacts at 2:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. arm y.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
"47:4.& zo�;%4�
District Project Manager Signature
November 9, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Utilities component HUC 03030002 County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
229
1 0.137
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
458
0.274
Mitigation Site Debited: RES Cape Fear 02 Umbrella Mitigation Bank -Tobacco Road Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from RES, dated November 7, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to all of the mitigable stream impacts and a portion of the
mitigable wetland impacts associated with the utilities component of the Vinfast single and complete project,
within HUC 03030002.
• The stream credits reauired correspond to 229 linear feet of im
• The wetland credits
ired correspond to 0.137 acre of im
As at 2:1.
at 2: 1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT(Wusace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
November 8. 2023
WilAag"t-on District Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Utilities component HUC 03030002 County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
2.323
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
2.846
Mitigation Site Debited: Wildlands Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from Wildlands, dated November 7, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to a portion of the mitigable wetland impacts associated with
the utilities comaonent of the Vinfast sinele and comDlete Droiect. within HUC 03030002.
• The wetland credits required correspond to 0.523 acre of impacts at 2:1 and 1.8 acre of impacts at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager
USACE Field Office:
Email:
David E. Bailey
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
David.E.Bailey2@usace.army.mil
Wilm'ir,g on District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Utilities component HUC 03030003 County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
82.5
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
165
Mitigation Site Debited: RES Cape Fear 03 Umbrella Mitigation Bank -Feed and Seed Site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from RES, dated November 7, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to a portion of the mitigable stream impacts associated with
the utilities comaonent of the Vinfast sinele and comDlete Droiect. within HUC 03030003.
• The stream credits required correspond to 82.5 linear feet of impacts at 2:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
Wilmington District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Utilities component HUC 03030003 County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
23.5
1 0.08
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
47
0.08
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, dated November 8, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to all of the mitigable wetland impacts and a portion of the
mitigable stream impacts associated with the utilities component of the Vinfast single and complete project, within
HUC 03030003.
• The stream credits required correspond to 23.5 linear feet of impacts at 2:1.
• The wetland credits required correspond to 0.08 acre of impacts at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager
USACE Field Office:
Email:
David E. Bailey
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
David.E.Bailey2@usace.army.mil
Wilr4inCton District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: VinFast Manufacturing US, LLC (Attn: Thi Van Anh Nguyen) Action ID: SAW-2014-00610
Project Name: Vinfast EV Manufacturing Complex — Utilities component HUC 03030004 County: Chatham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
4.89
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
4.89
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, dated November 8, 2023, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility was provided.
• This compensatory mitigation requirement is specific to all of the mitigable wetland impacts associated with the
utilities component of the Vinfast single and complete protect, within HUC 03030004.
• The wetland credits required correspond to 4.89 acre of impacts at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailey2@usace.army.mil
Wilrrfingl—on District Project Manager Signature
November 8, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE TRIANGLE INNOVATION POINT ROADWAY NETWORK IMPROVEMENTS
IN CHATHAM COUNTY, NORTH CAROLINA
USACE AID No. ID SAW-2014-00610
STIP No. HE-0006 WBS No. 49919.1.1
WHEREAS, the U.S. Army Corps of Engineers (USACE) is considering issuance of a permit
under Section 404 of the Clean Water Act (CWA) and, if required by final design, Section 10 of
the Rivers and Harbors Act (RHA) of 1899, to the North Carolina Department of Transportation
(NCDOT) for transportation infrastructure for the Vinfast single and complete project, also
known as the Triangle Innovation Point Roadway Network improvements, in Chatham County,
North Carolina (the Undertaking); and
WHEREAS, USACE has been designated the lead federal agency for this Undertaking with
regard to compliance with Section 106 of the National Historic Preservation Act (54 U.S.C. §
306108); and
WHEREAS, USACE has defined the undertaking's area of potential effects (APE) as NCDOT's
Study Area and Additional Study Area, which encompasses about 1,231 acres, as shown on the
attached map — Appendix A; and
WHEREAS, USACE has determined that the Undertaking will have an adverse effect upon
archaeological sites 31CH1146, 31CH1151, and 31CH1154, properties listed in or determined
eligible for listing in the National Register of Historic Places (NRHP) (historic properties); and
WHEREAS, USACE has consulted with the North Carolina State Historic Preservation Officer
(SHPO) pursuant to 36 CFR §800 et seq., which are the regulations implementing Section 106 of
the National Historic Preservation Act (54 U.S.C. § 306108); and
WHEREAS, in accordance with 36 CFR § 800.6(a)(1), USACE has notified the Advisory
Council on Historic Preservation (Council) of the adverse effects and the Council has decided
that their participation in the development of the Memorandum of Agreement (MOA) is not
required; and
WHEREAS, NCDOT, as an applicant for a federal permit, has participated in the consultation
and has been invited by USACE and SHPO to join them as a Signatory to this MOA, pursuant to
36 CFR § 800.2(c)(4); and
WHEREAS, pursuant to 36 CFR § 800.3(f)(2), in a letter dated September 14, 2023, USACE
invited the Catawba Indian Nation Tribal Historic Preservation Office (THPO) to participate in
the Section 106 consultation and sign this MOA as a Concurring Party; and
WHEREAS, the Catawba Indian Nation THPO responded on October 16, 2023, and indicated
that they wish to be a consulting party; and
NOW, THEREFORE, USACE, NCDOT, and SHPO agree that any authorization that may be
issued by USACE for the Undertaking shall include, by permit special condition, the following
stipulations to take into account the effect of the Undertaking on the historic properties.
STIPULATIONS
L Mitigation: Data Recovery at Archaeological Sites 31CH1146, 31CH1151, and
31CH1154
1. NCDOT will develop site specific Data Recovery Plans (DRPs) for the affected portions
of Site's 31CH1146, 31CH1151, and 31CH1154 in consultation with SHPO, the Catawba
Indian Nation, and USACE.
2. NCDOT will ensure that the DRPs will be implemented after Right -of -Way is acquired
and prior to construction activities within the site's locations as shown in the DRPs.
3. The DRPs will include provisions for using the archaeological excavations at sites
31CH1146, 31CH1151, and 31CH1154 to create regional evaluative contexts for similar
resource types.
4. Subsequent to the completion of the fieldwork and prior to the start of construction,
NCDOT will ensure that site specific Management Summaries (MS) are prepared for
each site that contain summarized descriptions of the size, extent, and results of the
excavations and field samples/studies undertaken for completion of the Data Recovery
fieldwork at each site.
A. The MS will include a discussion of the nature and number of features
identified and excavated, the nature of the artifacts, and other data
recovered, in both qualitative and general quantitative terms. The
document will include tabular, graphic, map, and other data as appropriate
to illustrate the extent of field excavations.
B. The MS will also present additional analysis or research to be conducted
and incorporated into the draft Data Recovery Report.
C. The information presented in the MS should be sufficient to allow all
Signatories to assess whether the terms of the DRP have been met and
provide a preliminary summary of the nature of the results.
D. The MS will be reviewed and approved by an NCDOT Archaeologist who
meets the Secretary of the Interior's Standards and Guidelines:
Archeology and Historic Preservation Professional Qualifications
Standards, to ensure compliance with the approved Data Recovery Plan.
E. Upon approval of the MS by the NCDOT Archaeologist a copy of the MS
will be provided to SHPO, the Catawba Indian Nation, and USACE. The
SHPO, the Catawba Indian Nation, and USACE shall have 30 days to
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1 2
review the MS. No construction, or construction -related activities, such as
material stockpiling or equipment staging, will be allowed within the
boundary of the site until the MS has been reviewed by NCDOT, SHPO,
the Catawba Indian Nation, and USACE.
5. The analysis and data recovery report preparation, detailing the Data Recovery
excavations at each site, will be completed by the NCDOT, or their consultants, within
eighteen (18) months after completion of the fieldwork for each individual site. The Data
Recovery investigations will be documented in site specific archaeological reports
conforming to the Secretary oflnterior's Standards and Guidelines and the North
Carolina Office of State Archaeology's Archaeological Investigation Standards and
Guidelines. Copies of the draft Data Recovery reports shall be sent to all Signatories and
the Catawba Indian Nation for review and comment. Once approved by all Signatories
and the Catawba Indian Nation, copies of the final reports shall be sent to the USACE
and the SHPO and the Catawba Indian Nation for their records.
II. Unanticipated Discovery
Inadvertent or accidental discovery of human remains will be handled in accordance with
North Carolina General Statutes 65 and 70. In accordance with 36 CFR 800.13(b), if
previously unknown historic or archeological remains are identified while accomplishing
the activity authorized by the federal permit, NCDOT will immediately notify USACE,
who will initiate the required coordination to determine if the remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
III. Amendments
Should any of the Signatories to this MOA believe that its terms cannot be carried out or
that an amendment to the terms must be made, that party(ies) shall immediately consult
with the other parties to develop amendments in accordance with 36 CFR 800.6(c)(7). If
an amendment cannot be agreed upon, the dispute resolution process set forth in
Stipulation IV will be followed. This MOA may be amended when such an amendment
is agreed to in writing by all Signatories. The amendment will be effective on the date a
copy, signed by all the Signatories, is filed with the Council.
IV. Dispute Resolution
Should any of the Signatories to this MOA object within (30) days to any plans or
documentation provided for review pursuant to this MOA, USACE shall consult with the
objecting party(ies) to resolve the objection. If USACE or the objecting party(ies)
determines that the objection cannot be resolved, USACE will forward all documentation
relevant to the dispute to the Council. Within forty-five (45) days after receipt of all
pertinent documentation, the Council shall:
- Provide the USACE with any comments, which USACE will take into account in
reaching a final decision regarding the dispute. Any comments provided by the
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1 3
Council will be understood to pertain only to the subject of the dispute; the
signatories' responsibilities that are not the subject of the dispute will remain
unchanged.
At any time during the implementation of the measures stipulated in this Agreement,
should an objection to any such measures or its manner of implementation be raised
by a concurring party or member of the public, USACE shall take the objection into
account and consult as needed with the objecting party, SHPO, or the Council to
resolve the objection.
V. Termination
Any of the Signatory Parties to this MOA may terminate the agreement by providing
notice to the other parties, provided that the Signatories and Concurring Parties will
consult during the period prior to termination to seek agreement on amendments or other
actions that would avoid termination. Termination of this MOA will require compliance
with 36 C.F.R. § 800. This MOA may be terminated by the execution of a subsequent
MOA that explicitly terminates or supersedes its terms.
VI. Duration
Unless terminated pursuant to Stipulation V above, this MOA will be in effect until the
USACE, in consultation with the other Signatory Parties, determines that all of its terms
have been fulfilled or if NCDOT is unable or decides not to construct the Undertaking.
However, if the terms of the MOA are not carried out within five (5) years from the date
of its execution, the MOA will expire. Prior to such time, USACE may consult with the
other signatories to reconsider the terms of the Agreement and amend it in accordance
with Stipulation III above.
VIL Implementation
Execution of this MCA by USACE, NCDOT, and SHPO, its subsequent filing with
the Council, and implementation of its terms evidence that USACE has afforded
the Council an opportunity to comment on the Undertaking, and that USACE has
taken into account the effects of the Undertaking on historic properties.
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1 4
MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE TRIANGLE INNOVATION POINT ROADWAY NETWORK IMPROVEMENTS
IN CHATHAM COUNTY, NORTH CAROLINA
USACE AID No. ID SAW-2014-00610
STIP No. HE-0006 WBS No. 49919.1.1
Signatory:
UNITED STATES ARMY CORPS OF ENGINEERS
FOR THE COMMANDER
ext here
Date: 20 OCT 2023
Tommy Fennel
Chief, Regulatory Division
Wilmington District
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1
MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE TRIANGLE INNOVATION POINT ROADWAY NETWORK IMPROVEMENTS
IN CHATHAM COUNTY, NORTH CAROLINA
USACE AID No. ID SAW-2014-00610
STIP No. HE-0006 WBS No. 49919.1.1
Signatory
STATE HISTORIC PRESERVATION OFFICER:
Date: 10/24/2023
-Z" Darin J. Wat rs, Ph.D.
State Historic Preservation Officer
Deputy Secretary, North Carolina Department of Natural and Cultural Resources
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1 6
MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE TRIANGLE INNOVATION POINT ROADWAY NETWORK IMPROVEMENTS
IN CHATHAM COUNTY, NORTH CAROLINA
USACE AID No. ID SAW-2014-00610
STIP No. HE-0006 WBS No. 49919.1.1
Signatory:
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION:
DocuSigned by:
10/2 3/202 3
Date:
Jamie Joe Lancaster, P. E.
Environmental Analysis Unit Head
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1 7
MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE TRIANGLE INNOVATION POINT ROADWAY NETWORK IMPROVEMENTS
IN CHATHAM COUNTY, NORTH CAROLINA
USACE AID No. ID SAW-2014-00610
STIP No. HE-0006 WBS No. 49919.1.1
Concur:
THE CATAWBA INDIAN NATION:
DATE:
Wenonah Haire
Tribal Historic Preservation Officer
Catawba Indian Nation
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1
MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE TRIANGLE INNOVATION POINT ROADWAY NETWORK IMPROVEMENTS
IN CHATHAM COUNTY, NORTH CAROLINA
USACE AID No. ID SAW-2014-00610
STIP No. HE-0006 WBS No. 49919.1.1
APPENDIX A
Location and Site Map
showing the Area of Potential Effects
and Historic Properties (31CH1146, 31CH1151, and 31CH1154)
Memorandum of Agreement
Chatham County, STIP No. HE-0006, WBS No. 49919.1.1
1 MaBMdB MdB Project Blue (PA 22-05-0002
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iUbggt alt% — , �i►[lhi�:�
1. i ► r : �1 11 If b US kkaaliir
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 1, 2023
DWR # 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.nguyen@vinfastauto.com / ilteaPue@ncdot.Pov
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. WQC006095 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
North Carolina Departrnent of Cnv,ronmenlai Qrialih I Division of Water RcsuuTces
312 Norlh Salisbury Street 11017 Maul Service Cmtei I Raleigh, Nonh Carolins 27699-107
D_E
" •n A "° /� � 919 707R000
o�ne�.e a em�d aw.mr V
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
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 .0200] 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 150B 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
I1 i ; Oji A i , w,r, h , i,r 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 tarolinu Uapartment dl Gnvironuiemal Quality 1 litvinoti al Water Hrsuurcz_,
512 North 5ahsb:try Streat 11(0 Mail Service Center I Rdleirh, Ndnll Carolina 2'699.161 7
019 707 VUgU
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
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 1506-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or sue.homewood@deq.nc.gov if you have any
questions or concerns.
Sincerely, ,
Richard E. Rogers, Jr., Directo /
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
North Carolina Departmritt of Lnvrronmenral Quality j lAviSiuu u!Water Rest+urces
512 North Salisbury Street 1 1617 Mail Service Ceme4 I Raleigh, North Caroitria 27b99-1617
919 7(i7 9j!gn
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQ0006095
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 026 .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. [15A 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
0 linear feet
241 credits
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 Site 5 — Road
92 linear feet —culvert
0 linear feet
92 credits
Crossing
23 linear feet - riprap
Total:
677 linear feet — culvert
0 linear feet
677 credits
120 linear feet - 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
Nnrth Carolina Depanme�it of L'uviron+nental Qnalily � Ditiisi�n of N'ata Resources.
P E Q�� 512 Norlh Visbui) S"o 1 1617 Mail Service Center I Raleigh. North Ca+vlina 2'699.1617
919 707 90011
NCDOT Transportation Im
Type of Impact
Phase 1B
Perennial Streams
VinFast Manufacturing US, LLC
QWR# 20221576 correction
Individual Certification #WQC006095
Page 5 of 29
ents:
Amount Approved Amount Mitigation Amount
Permanent Approved Required
Temaorary
Site 2
210 linear feet - culvert
62 linear feet - riprap
112 linear feet
210 credits
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
i Kiparian wetianas
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:
3.035 acres
0.185 acres
3.036 credits
Upen 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
tinase is
PerennialStreams
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
upen waters
Site 3 0.001 acres 0.001 acres 0 credits
North Carolina Repartment of Environmental Quality I Division ui 5h'atee Resources
512 Nonh Salishury Streel 1 1617 Mail Service Center I Raleigh. Noah Carolina 27699-W 7
919 707 WOO
�9ta� V
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification f#WRC006095
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 6
1064 linear feet
0 linear feet
1064 credits
Site 14
829 linear feet
0 linear feet
829 credits
Site 17
119 linear feet
0 linear feet
119 credits
Total:
2,133 linear feet
0 linear feet
Z133 credits
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
North Cam] ilia peparhnenTni'Environmental Qualit}' I Dtvisionof Water Resources
SI? No11h Salisbury Street I lAl7 Mail Service Censer I Raleigh, Nonh Carolina 27699-161
Nf]HIH CAHULPUI ! �/ a1 a.7V7, 9000
e'puL�+M al hwYo�eenhl Uriry�
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)
S-71/5-13
94 linear feet
54 linear feet
0 credits
S-02 - culvert
229 linear feet
0 linear feet
229 credits
S-88
33 linear feet
0 linear feet
0 credits
S-85/5-05
41 linear feet
43 linear feet
0 credits
Total:
397 linear feet
97 linearfeet
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 Defmcvncnt of Ell yirunntcutal Quaiit]l I DiYI5lU1T of Water Resources
i 12 North Salisbury Street 1 1617 Mail Service Center I Raloigh. Nijrth Carolina 27699-1617
p mr
°�`"" 010 1f17 4000
n.a.z a [w.xa.�e�x ;
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)
S-90/S-50
48 linear feet
20 linear feet
0 credits
S-78/S-51
47 linear feet
20 linear feet
0 credits
S-82
40 linear feet
0 linear feet
0 credits
Total:
135 linear feet
40 linear feet
0 credits
Intermittent Streams (HUC 03030004)
5-57/S-89
66 linear feet
10 linear feet
0 credits
S-56
29 linear feet
0 linear feet
0 credits
S-55
30 linear feet
0 linear feet
0 credits
Total: 1
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
Nonh Carolina Department of En-'roimenlal Quably I Di-Iaion of water Resclurces
D F q— 512 North Salisbury Stteet 1 1617 Mail Semce Center I Raleigh nlonll Carolina 27699-1617
rroz u uas 919.707 9pRq
on.rn�.m a enrn..eFlr ou.wy� /''�
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
5-23
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
30 linear feet
0 linear feet
0 credits
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
46 linear feet
9 linear feet
0 credits
5-86/5-25
47 linear feet
11 linear feet
0 credits
5-20
44 linear feet
0 linear feet
0 credits
5-19
40 linear feet
0 linear feet
0 credits
5-18
73 linear feet
0 linear feet
0 credits
5-17
41 linear feet
0 linear feet
0 credits
5-16
59 linear feet
0 linear feet
0 credits
5-15
65 linear feet
0 linear feet
0 credits
5-47
74 linear feet
0 linear feet
0 credits
5-46
51 linear feet
0 linear feet
0 credits
5-44
41 linear feet
0 linear feet
0 credits
5-43
31 linear feet
0 linear feet
0 credits
5-37(ephemeral stream)
82 linear feet
0 linear feet
0 credits
5-77
30 linear feet
0 linear feet
0 credits
Total:
759 linear feet
87 linear feet
0 credits
Perennial Streams (HUC 03030003)
Nanh Carolina Deparnncnt tit 1-woronnientai Quabty I Division of Water Resource.
DmQ� 512 North Salisbury Street I Ibl7 Mail Service Center I Raleigh. North Carolina 27699-1617
919 707,9000
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
24 linear feet
24 linear feet
24 credits
Total:
86 linear feet
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/S-35 (ephemeral
stream)
20 linear feet
23 linear feet
0 credits
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:
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 oermanent crossi
ngs
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.
Nan, Carolina Departmsat ofIDvironmental (lump) I Division of NaicrResowces
512 North Sali�bniN Street 11617 Mall Spiv ice Center I Raleigh, Noah Carr,hna 3709.1(117
919 707 HUUI)
�rn� mr�.Mn.r,m OwM�
VinFast Manufacturing U5, LLC
DWR# 20221576 correction
Individual Certification 4WQC006095
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)]:
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 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
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
42133
12.446 acres (credits)
Cape Fear / 03030002
Stream
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
66 linear 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, ore 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.
North C'arulinx Deganriiost of Eirvuuiiineutal [lualrty j 6rvr1uns ui Water KesorLrces
i t2 Nortlt Saltsbun, Streit 1 1617 Mail Service Center I RaICILh. North Carolina 27699-1617
oepna..m a�.�.wRe�r �h� 919 707 9{1t}rl
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
Page 12 of 29
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 j; 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 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.
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
NuAll Carolina De tinent UI [:ntiirtsryiuenlal Qualify I Uiviainn of Waled kesoiures
Di E Q �
512 North 5alisbury Streit 1 1617 Mail Service Center I ftaielyll. Norill Carolina 27699-1617
nioarri 'OL"'"
o.wo�nu m u�uh V
01 u 707 900
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
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.
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
tine 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 far 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 fine 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
N40111t Carnlinn Department of Gswiromnental Qua Iol I Ili y scan of Water Resoateca
512 North Soiisbnsy Street 1 1617 Mail Service Ccnter 1 Raicigh, North Carolina 27699.1617
911) 707 0000
YkarL�artl YI Enwrew�tal Guup�
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification ItWQC006095
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 0214.0507(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, takes, or reservoirs
designated as trout waters; for takes 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.
Nnsth Carolina 17eranmeul of F'nvimnmenral Qi�a3gT' []ivicnn of �37a10r RicPprC25
D Q ' Q Narih Salisbury Siirr.l 1 1617 Maii Service Cenler I Raleigh *lurch Carolma 27099-1617
nor,.-rs3v�ivn
���� (13970790(](1
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 antidegrodation 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 antidegradotion 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 02B .0200 (3)(f), and GS 143 Article 21A].
Citotion: 15A NCAC 02H .0506(b); 1SA 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); I5A 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.
Nurrh CnrP11rim Deparunem i+t k m stoumenTal Vualny I LAVISIPn 31 %aler KM%rces
D_E Q
512 North SAhsbum St reel 1 1617 MuiI Scrvrce Center I Raleikh- North Carolma 27099-1017
i.i[ani._ aw� 919 707 900D
arrwam A hnManrMs 0rtl4r`
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 antidegrodation 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
-y� North Carolina MitartrntnI of Ermrommrital Qualify I Diwmon of Water Rc3onrccs
D"E Q✓; 512 North Salisbi n_ Slicer I lf,17 Mail Service C'entet I Raleigh. North Carolina 27609 1617
awnsf zn ra ui^.a VW 71179{KJO
o.w.a..n a �mw.nnr
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' 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 antidegrodation 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 .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, ore 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
Noidi Carulina Depanmem of hivTiorlmegral Quabn, i Division W Waret' DiesPurces
',12 Nonli Saiisharn Street I lbl7 Mail Service Cemer I Raleigh. North Carohna ]7699�lf,17
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VinFast Manufacturing US, LLC
DWR# 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 � �>+7nnh Cntro}tna DepRrtntgtt of Fnvimm�temal Qublih- 1 S}itiisrrni of Water Resources
512 Ncuth Sal Otury Street 11h17 Mail Service Cenlo I Ralei h, Nnrth Carolina 27699-1617
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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 04B .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 wetiond 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,
E Q✓� Nmtlr Carolina C�epastmeni n1 [-nn �r��ntttcntal Quail} I l7ivrsrn:r of Vv'aler Rcsiiurccs
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VinFast Manufacturing US, LLC
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Individual Certification #WQCOD6095
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 f3) 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 of fish, 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.
DWQNtrth C'awhaa DtparnnanI ofi nvimmaenlal (duality I D+`ssmi of Wales Resources
512 Nmh Salishury Street 11617 Mail Service Center I Raleirh, tvanit Carntma 37699-1617
919 707 9000
VinFast Manufacturing U5, LLC
DWR# 20221576 correction
Individual Certification #WQ0006095
Page 21 of 29
Citation: I5A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); ISA NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided far 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 of fish. 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.
North Carolnia lleparlipc7❑ or tnurnnlllemal 1r11aaIR1 I U1, mon 01 Wifler Resources
QM2 Noah Sahsbur% S(reet 1 14,17 Mail Servlcc Centet I Raleigh, Nrn1h Cart) 27G99-1017
14M.�Q.E 010 707 9000
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VinFast Manufacturing US, LLC
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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.
Norift Cnrcrlmn 1)epttnntent Qualil) I Ui,omt aMatcr fissrauruci
512 Nord) Salisfmry Street 1 16P Mail Semee Center I Raleigh, Noilli Carolina 77699-I6I 7
90 707 9000
VinFast Manufacturing U5, LLC
DWR# 20221576 correction
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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 Wetiond 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 oil
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 Deriatitncnt of Cnvimnmental Qual[ly j DiVrMun u1 W'a[er Resources
512 North Safi Awry Street i 1617 Mali 'Service Censer I Raleigh. North Carolina 27G1)9-1017
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VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
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 .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.
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 streambed 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 028.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, ore 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 othersolids, 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.
wQNorth Carolina Depamnent of Gnvuomnenlal QUUhly I ❑ivisxon of Watet Resoorces
�I? North Salisbury Stteel 1 I617 Mail 5elyice Centei I Raleigh, Nr rtl C';unlma?7rr)q-Ibl7
9197079000
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
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 02B .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: 15A 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 ore
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 far 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 .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.
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)
NMI) Carolina Geparthrenl of hmiowilmial Quaht) I Prvwon of Wafer Resource.,
512 North Salisbury Street 11617 Mail Set% -ice fester I Raleigh, North Carolina 27699.161 7
VinFast Manufacturing US, LLC
DWR# 20221576 correction
Individual Certification #WQC006095
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 V/day of December 10�3
t
` Richard E. Rogers, Jr., Directo
;��
Division of Water Resources
D EQ
Nnrth Carolina 17epanment of Enwnxmrentai Quality j 1J:vtstun ul' Water Rtauuices
512 North Salishun' Sirect 1 1617 Mail Service Center t Raleigh. North1G1 Carolina
"° T., 1
919 7(i7.91)fS0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental 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 (DIMS) 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 Perm ittee must provide a copy of this form to DIMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DIMS 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 snore 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:
Nanh Caraliisal7epatyntem ufEittstoil tttental Qualin. I Dtsrssors nt Water Resources
ill North Saltsba" Sheet 1 1611 Mai Service Canter 1 Raleigh, North Carolina 27699-161 1
.axan, canu�ti. +
osa.�rado�� 9197D7rJl]p0
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 (]5A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
Noah Carolina Departmem of l:nvirunmenia] QuaGn i Ihvisiml of Wat0 Rusousees
5l7 Nonh SAshur% SlTeel 1 1611 Mail Seiz ire C'enlet 112alclgJl, North Carolina 27699-161 l
Dr 919 707.0000
rr«.w�...wowwn�
ROY COOPER
Governor
ELIZABETH S. BISER
Seeretory
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
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:
FMD� Norlh Carolina Delranineus of Euwi urnnental L7ualtry I L}wision oi' Waief ROSoIiYCes'
IQ512 North Salisbury Street 1 1611 Mail Service Center I Raleigh North Carolina 27699-161 1
�anurr�eiw �/ 419.707,9000