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HomeMy WebLinkAboutWQ0045035_Application (FTSE)_20231228NC Dept of Environmental Quality Department of Environmental Quality DW R Division of Water Resources "- DEC 2 S 2OZ3FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 10-23 & SUPPORTING DOCUMENTATION Application Number: Ll� (to be completed by DWR) All items must be com leted or the application will be returned 1. APPLICANT INFORMATION: 1. Applicant's name: City of Sanford (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ® Municipal ❑ Other 3. Signature authority's name: PAUL M. WEEKS JR. PE per 15A NCAC 02T .01&4b1 Title: UTILITIES AND ENGINEERING DIRECTOR 4. Applicant's mailing address: P.O. BOX 3729 City. SANFORD State: NC Zip: 27331-3729 5. Applicant's contact information: Phone number: (919) 777-1119 Email Address: PAUL.WEEKS@SANFORDNC.NET II. PROJECT INFORMATION: 1. Project name: Project Blue VinFast Phase 1 A and 1 B 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: , For modifications, also attach a detailed narrative description as described in Item G of the checklist. If new construction, but part of a master plan, provide the existing permit number: WQ00_ 3. County where project is located: Chatham County 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.6170' Longitude:-79.0041 5. Parcel ID (if applicable): 5623,65276 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Joseph Scott Kruz License Number: 050332 Firm: WSP USA Environment & Infrastructure Inc. Mailing address: 1075 BigSShanty Road, NW Suite 100 City: Kennesaw State: GA Zip: 30144-152 Phone number: (404) 433-7819 Email Address: scott.kurzOmsp.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: BBWTP Owner Name: City of Sanford Pennit Number: NCO024147 V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s). WQCS00047 2. Downstream (Receiving) Sewer Information: 16 inch F1 Gravity ® Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS00047 Owner Name(s): CITY OF SANFORD V1. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑ No ® NIA 2. If the Applicant is a Developer of lots to be sold, has a Developer' erati nal A reem nt FORM: DEV) been attached? ❑ Yes ❑ No ❑ NIA 3. If the Applicant is a Home/Property Owners' Association, has an HOAIPOA Operational 6Z eement (FORM: H)and supplementary documentation as required by 15A NCAC 02T.0115(c) been attached? ❑ Yes ❑ No ® N.A 4. Origin of wastewater: (check all that apply): ❑ Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash ❑ Residential (Leased) ❑ Retail with food preparation..service ❑ Hotel and/or Motels ❑ School / preschool 1 day care ❑ Medical i dental ;veterinary facilities ❑ Swimming Pool/Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ® Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater; % Domestic 14.5 % Commercial 85.5 % Industrial (See 15A NCAC 02T .0103(20)) If Industrial, is there a Pretreatment Program in effect? ❑ Yes® No 6. Has a flow reduction been approved under 15A NCAC 02T .0114i O? [I Yes ® No D If es provide a co of flow reduction a roval letter with this application 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow r b No. of Units Flow Factories with showers 35 gal. -employee 2078 71,050 GPD Institutional dining hall 5 gal/employee 2030 10,150 GPD Cooling Tower 170 gal/min 1 244,800 GPD Treated wastewater (Paint Shop) 162.9 gaVmin 1 234,585 GPD gal/ GPD gal;' GPD Total 560,585 GPD a See 15A NCAC 02T .01 14(b). 01 Lai),and [e 2) for caveats to wastewater design flow rates (i.e. proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 560,585 GPD (per 15A NCAC 02T 0114 and G.S. 143-215.1) ➢ Do not include future flows or previously permitted allocations If permitted flow is zero, please indicate why: ❑ Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line. Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow. ❑ Flow has already been allocated in Permit Number; Issuance Date: ❑ Rehabilitation or replacement of existing sewers with no new flow expected ❑ Other (Explain): VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 4710 Class 235 PVC 8 330 Class 50 DIP 6 3450 Class 235 PVC ➢ Section 11 & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) 02T .0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: _ . Longitude: - . _ 3. Total number of pumps at the pump station: _ 3. Design flow of the pump station: millions gallons per day (firm capacity) ➢ This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s) per pump(s): . gallons per minute (GPM) at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per MDCPSFM Section 2.01C.l.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T _0305(h){1]: ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B)_ ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility and may not be portable Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C): ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - or ❑ Portable pumping unit with plugged emergency pump connection and telemetry: ➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided as part of this permit application in the case of a multiple station power outage. IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)): 1. Does the project comply with ail separations/alternatives found in 15A NCAC 02T .0305(f) & lg ? ® Yes ❑ No 15A NCAC 02T.0305(f) contains minimum separations that shall he. nrnvirlerl for cPwPr cvctrmc- Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 18 inches 'Water mains (vertical - water over sewer preferred, including in benched trenches) 18 inches =Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-1 waters of Class I or Class II impounded reservoirs used as a source of drinking water, and associated wetlands. 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands associated with these waters (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches, as well as wetlands associated with these waters or classified as WL. 10 feet Any building foundation (horizontal) 5 feet Any basement (horizontal) 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches y it noncompliance with 02-1-V30501 or (g). see Section X.1 of this application *I 5A NCAC 02T.0305 contains alternatives where separations in 02T.0305(Ij cannot be achieved. Please check "yes" above if these alternatives are used and provide narrative information to explain. **Stream classifications can be identified using the Division's NC_Surface Water Classifications webpag_e 2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N A ➢ If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document, signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule. 3. Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ N A ➢ Please provide supplementary information identifying the areas of non-conformance. ➢ See the Division's draft se paratign requirements for situations where separation cannot be met. ➢ No variance is required if the alternative design criteria specified is utilized in design and construction. 4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: ® No If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ❑ Yes ❑ No ➢ This includes Trout Buffered Streams per 15A NCAC 2B_0202 5. Does the project require coverage/authorization under a 404 Nationwide. -individual permits ® Yes ❑ No or 401 Water Quality Certifications? ➢ Please provide the permit number/permitting status in the cover letter if coverage. -authorization is required. 6. Does project comply with 1 vA NCAC 02T.0105(c)(6) (additional permits;'certiftcations)? ® Yes ❑ No Per 15A-NCAC 02T.0105(c)i6l, directly related environmental permits or certification applications must be being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). Does this project include any sewer collection lines that are deemed "high -priority?" ® Yes ❑ No Per 15A NVAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer. Siphons and sewers suspended through interference/conflict boxes require a variance approval. ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location) High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit. DocuSign Envelope ID: 763EE424-F989-434C-BCF9-559C31DB6CB1 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 0.2T, the Minimum Design Criteria for the Permitting of Pum1t Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria latest version) as applicable? ® Yes ❑ No If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review to the Central Office. Approval of the reauest will be issued concurrently_ with the approval of the permit, and projects reauirine a variance approval may be subject to longer review times. For projects resuirine two or more variances or where the variance is determined by the Division to be a sienificant portion of the project, the full technical review is required. 2. Professional Engineer's Certification: 1, Joseph Scott Kurz , attest that this application for Project Blue VinFast Phase 1A and 1 B (Professional Engineer's name from Application item III I ) (Project Name from Application Item 1L 1) has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Desip-n Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the application information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701) North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per 15A NCAC 02T .0106(b): rz jk CARO����i,. SEAL 033?�- 1, Paul M. Weeks JR , attest that this application for Project Blue Vin Fast Phase 1A and 1B (Signature Authority Name from Application item 13.) (Project Name from Application Item 11 1) attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and; or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE - In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. P_:thcuSlpned by, k, Wt. kS ,1}Y'. P.e. 12/29/2023 Signature: 'eac39`78"1139- _ Date: FORM: FTA 10-23 Page 5 of 5 NC Dept of Environmental Quality DEC 2 8 2023 State of North Carolina D Department of Environmental Quality Raleigh Regional Ofice Division of Water Resources Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-23) Entity Requesting Allocation: City of Stanford Project Name for which flow is being requested: Project Blue VinFast Phase IA and 1 B More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. 1. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Big Buffalo Wastewater Treatment Plant b. WWTP Facility Permit #: NCO024147 A11 flows are in MGD c. WWTP facility's permitted flow 12 d. Estimated obligated flow not yet tributary to the WWTP 2.0243 e. WWTP facility's actual avg. flow 4.1390 f. Total flow for this specific request 0.560585 g. Total actual and obligated flows to the facility 2.3029 h. Percent of permitted flow used 19.19% Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) Design Pump Pump Average Approx. Station Station Firm Daily Flow** Current (Name or Permit Capacity, * (Firm : pf), Avg. Daily Number) No. MGD MGD Flow, MGD (C) (D)=(B+C) (E)=(A-D) Obligated, Not Yet Total Current 'l'nbutary Flow Plus Daily Flow, Obligated Available MGD Flow Capacity*** * The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): City of Stanford Collection System Downstream Permit Number: WfCS00047 Page 1 of 8 FTSE 10.23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2CU1DA8A1128 1II. Certification Statement: 1 Paul Weeks, Jr. PE, certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and 11 plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. CDOCUSioned by; AIA�, k. kas ,IfY'. P.E. 12/29/2023 ggraeeaesraaas9 Signing Official Signature Utilities and Engineering Director Title of Signing Official Page 2 of 8 Date FTSE 1 p-23 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section 11 where Available Capacity is < 0. Pump Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for % and , MGD of the Available Capacity (E) in Pump Station ; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately MGD per year; and that c. A funded Capital Project that will provide the required planned capacity, namely _ is in design or under construction with planned completion in ; and/or d. The following applies: Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143 215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Official Signature Page 3 of 8 Date FTSE 10-23 WASTEWATER TREATMENT SYSTEM EXPANSIONS BEYOND EXISTING ALLOCATION Complete this form and submit applicable supporting documentation if the proposed project is subject to overallocation allowances outlined per G.S. 143 215.1(f5). Receiving WWTP Name: Receiving WWTP Permit Number: Provide a cony of the active NPDES permit for the receivirly WWTP. Overallocation Criteria 1. Does the receiving WWTP's existing NPDES permit have an expansion Flow tier? ❑ Yes or ❑ No. a. If yes, provide the expansion flow tier: MGD; proceed to item 2. b. If no, overallocation is not all for this construction until such a time that the receiving WWTP's NPDES permit is modified for inclusion of an expansion flow tier capable of receiving and sufficiently treating the wastewater generated by the proposed construction. 2. Is the receiving WWTP and collection system located within either (1) a county with a projected population growth rate above two percent annually based on a 20 -year residential growth projection conducted using data provided by the Office of State Budget and Management (OSBM) State Demographer or (2) one of the top 20% of the fastest growing counties in the State by population based on a 10-year residential growth projection conducted using data provided by the OSBM State Demographer? ❑ Yes or ❑ No. a. If yes, submit a residential population projection to support your claim; proceed to item 3. b. If no, overallocation is not allowable for this construction. 3. Has the receiving WWTP received a violation for being non -compliant with any non -flow limitations identified in the active NPDES permit in the past 5 years? ❑ Yes or ❑ No. a. If yes, overallocation is not allowable for this construction. b. If no, submit a limit violation report to support your claim; proceed to item 4. 4. Has the receiving WWTP exceeded its monthly average flow limitation identified in the active NPDES permit more than once in any 12-month period in the past 10 years? ❑ Yes or ❑ No. a. If yes, overallocation is not allowable for this construction. The receiving WWTP may not allocate more than one hundred percent (100%) of the existing system's hydraulic capacity until the permittee complies with the permitted monthly flow for at least 12 consecutive months. b. If no, submit a WWTP flow report to support your claim; proceed to item 5. 5. Is completion of construction for work identified in an Authorization to Construct (ATC) permit that results in expansion of facility to the next flow tier anticipated to occur within 24 months of the submittal date? ❑ Yes or ❑ No. a. If yes, allocation of one hundred ten percent (115%) of the receiving WWTP's existing hydraulic capacity is allowable. i. Provide the ATC Permit Number: ii. Submit a construction timeline signed by the contactor's Project Manager; iii. Submit a letter of agreement of timeline feasibility signed by the NC -licensed Professional Engineer responsible for the certification of work covered under the applicable ATC permit; iv. Proceed to item 6. b. If no, allocation of one hundred ten percent (110%) of the receiving WWTP's existing hydraulic capacity is allowable. Proceed to item 6. Page 4 of 8 FTSE 10-23 6. Does the overallocation identified as allowable under item 5 result in a WWTP flow rate greater than the permitted projected capacity after expansion? ❑ Yes or ❑ No. a. If yes, overallocation is not allowable for this construction. b. If no, proceed to item 7. 7. Does the overallocation identified as allowable under item 5 result in a WWTP flow rate greater than 801,o of the permitted projected capacity after expansion? ❑ Yes or ❑ No. a. If yes, overallocation is allowable. Submit an engineering evaluation of the receiving WWTP's future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. This shall be provided to the Division prior to the proposed activity. Proceed to item 8. b. If no, overallocation is allowable. 8. Does the overallocation identified as allowable under item 5 result in a WWTP flow rate greater than 90% of the permitted projected capacity after expansion? ❑ Yes or ❑ No. a. If yes, overallocation is allowable. However, the permittee for the receiving WWTP shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. This shall be provided to the Division prior to the proposed activity. b. If no, overallocation is allowable. Signing Official Signature Dale Page 5 of 8 FTSE 10-23 NC Deft of Environmental Quality DEC 2 8 M 3 �a Raleigh Regional Office Z USGS 82"o`E_ i c°, u° /I 4 V i VINFAST DOWNSTREAM�� SANITARY CONNECTION !r I e f ED TO CITY OF SANFORD - � (A PROJECT SITE . _'2 LIMITS OF f+ DISTURBANCE ,+ " sp i 750 a L LEGEND USGS 7"5 MINUTE TOPO MAPS MERRY OAKS. NC 2019 PROJECT BLUE MONCURE. NC 2019 —LIMITS OF DISTURBANCE COKESBURY. NC 2019 NTS WSP USA Environment & Infrastructure, Inc. CLIENT 1BIG SHANTY ROAD, VINFAST SUITEITE 100 KENNESAW, GA 301D144 PHONE 770.421-3400 LICENSURE: NC ENG: F-1253 PROJECT PROJECT BLUE VINFAST PHASE 1A AND 1B DWN BY: DATUM: DATE: DS NAD83 12I22I2023 TITLE 7 REV, NO.: PROJECT NO: USGS MAP SK 0 6162 22 0216 PROJECTION SCALE, FIGURE No. NTS SAN FIGURE 2 1 B d6 MdC MdC l / MaB �.., ��•�f � 1 B M CrC / ChA C. Pe8 CcC , PeA U` 51B r !/ Pe6 Pea � _ s Md jk �7 MdC . ol MhE MrA ry 0/ T�A v r -� Md �f{ Liberty P Pe6 df Chritt Cerise t _. Grch O rist Ceme M rA 1 `- � I Pr..A �• 4 4 C7 s -i, .W. -Uk l PO \/v f, WhC CrB r ! f ` kilo � wno CHATHAM COUNTY UNIH CA Rn1!%A NC Dept of EnvjrOr"llental Qllal.ry DEC 2 8 2023 WATERSHED PROTECTION DEPARTMENT P.O. Box 548 Pitteboro, NC 27312 Raleigh PegitnIal price PHONE, (919) 545-8394 Fax: (919) 542-2698 . E-mail: drew.blake@ehathamcountync.gov • Website: www.chalhamcountyne.gov August 16, 2023 Jason Hartshorn 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 Project Name: Prolect Blue Phases 1A, 113, 2, Roadway and Utility Crossin Location: Pis 65276 & 66669 Dear Mr. Hartshorn, Based on information which you provided to our department on July 27, 2023, staff within the Watershed Protection Department completed a Riparian Buffer Impact Review and Construction Plan Review for three (3) proposed stream crossings associated with the Project Blue Site. These reviews were completed to determine what pro,6sions of the Chatham County Watershed Protection Ordinance, the project and its associated riparian buffer impacts would be subject too. Project and Impact,Scope Based on the information you provided the Project Blue Site will be developed in multiple phases with Phase 1 A currently active. Phase 1 B is the proposed roadway connection between Phase 1 A and US-1. Phase 2 contains the development of internal infrastructure and parking areas, and Phase 3 is the roadway connection between the "Site" west toward US-1 /Pea Ridge Road. Proposed Impacts were provided as follows: • Impact Site 1 (Perennial stream S1): (Phase 1 A) {roadway crossing) o Zone 1 impacts - 8,338 square feet o Zone 2 impacts - 18,269 square feet • Impact Site 2 (Perennial stream S13): (Phase 1B) (roadway crossing) o Zone 1 impacts - 8,498 square feet o Zone 2 impacts - 22,807 square feet Impact Site 3 (Perennial stream S3): (Phase 2) (Utilities and temporary crossing) o Zone 1 impacts - 18, 861 square feet o Zone 2 impacts - 27,741 square feet Subject Ordinances and Required Buffers The parcels associated with Project Blue are subject to the 1994 Watershed Protection Ordinance and the Water Supply Watershed Ordinance. Development within the site is subject to the 10/70 Rule. The riparian buffers for the site are 100-ft for perennial streams and 50-ft for intermittent streams. Impacts to Ri arian Buffers: Section 304 (C)(2) of the 1994 Watershed Protection Ordinance requires that stream crossing by streets and utilities be designed to minimize the amount of intrusion into the buffer. Conclusions: It is our opinion that based on the information and plans provided the proposed impacts are minimized to the Fullest extent possible. Additionally, formal authorization from this department is not required prior to conducting the proposed work as the 1994 Watershed Protection Ordinance does not establish a formal No Practical Alternatives Process. CHATHAM COUNTY ?11A1H CA AOI I%A WATERSHED PROTECTION DEPARTMENT P.Q. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8394 Fax: (919) $42-2698 • E-mail: drow.blake@chathamcountync.gov . Website: www.chathamcountync.gov Additional re%7ews may be necessary should this project result in riparian buffer impacts that are not addressed in this correspondence. Additionally, a Section 401 /404 Permit may be required. Any inquiries regarding Section 401 /404 permitting should be directed to the Division of Water Resources (Central OFFce; at (919) 807-6364 and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) 554- 4884. This office may inspect the property to determine if the provisions of this exemption are being met. Any variation from the site plan or failure to meet the minimum requirements listed above may result in a Notice of Violation and a permit may be required. Should you have questions concerning this notice or the requirements of the Ordinance please contact me at your earliest convenience. My phone number is (919; 548-6715. Respectfully, Atw D&A21 Drew Blake Assistant Director, CESSWI CC: Rachael Thorn, Director, Chatham County Watershed Protection Department Justin Hasenfus, Erosion Control Program Manager, Chatham County Watershed Protection Department Taylor Burton, Senior Watershed Specialist, Chatham County Watershed Protection Department Attachments: Project Narrative, Completed by Kimlcy-Horn, dated July 27, 2023 Figure 5: Project Blue Chatham County WPO Buffer Impacts — Overall, completed by Kin-dey Horn, dated July 2023 Figure 5.1: Project Blue Chatham County WPO Buffer Impacts - Site 1, completed by Kimley Horn, dated July 2023 Figure 5.2: Project Blue Chatham County WPO Buffer Impacts — Site 2, completed by Kimley Horn, dated July 2023 Figure 5.3: Project Blue Chatham County WPO Buffer Impacts - Site 3, completed by Kimley Horn, dated July 2023 Kimley>»Horn July 27, 2023 Mr, Drew Blake Chatham County Watershed Protection 12 East Street, P.O. Box 1809 Pittsboro, NC 27312 RE: Chatham County Buffer Authorization Project Blue Site Chatham County, NC Dear Mr. Blake: On behalf of our client, VinFast Manufacturing US, LLC, Kimley-Horn is submitting the attached documentation for the riparian buffer authorization for the Project Blue Site located in Chatham County, North Carolina. The project proposes the construction of an EV manufacturing complex within the Project Blue Site, which will be constructed in multiple phases over the next few years. Phase 1A is currently under construction in uplands only and consists of multiple manufacturing shops to take raw materials to finished vehicles. Phase 1B is the proposed roadway connection from Phase 1A to the proposed HE-0006 improvements at the US-110ld US-1 interchange. Phase 2 is the proposed Gigafactory that will produce EV battery cells, along with supporting internal roadway infrastructure and parking areas. Phase 3 is the additional roadway connection from the Site west to the US-1 and Pea Ridge Road interchange improvements. The proposed construction of the VinFast manufacturing comp ex roadway network will result in unavoidable impacts to protected Chatham County Watershed Protection Ord nance riparian buffers in three locations. Roadway crossings will require the placement of streams into culverts and associated grading within riparian buffers to construct the roadway network in the Project Blue Site. At impact Site 3, utilities wil) be run beneath the roadway crossing to avoid add tionai riparian buffer impacts from a new location crossing. Due to extensive stream crossing the Project Blue Site, no practical alternative to crossing streams exists that also provide connectivity to surrounding public roadways. The proposed roads and associated crossings will be constructed in accordance with the requirements of the Chatham County Watershed Protection Ordinance, Section 304(F)4, and in accordance with Section 304(F)4, these road crossings are not required to receive authorization, however this documentation is being submitted to Chatham County for their records. Per discussions with Chatham County, development within the Site is subject to the 1070 Rule, and therefore 100' riparian buffers are required on perennial streams (30' Zone 1, 70' Zone 2) and 50' riparian buffers are required on intermittent streams (30' Zone 1, 20' Zone 2). The following riparian buffer -mpacts will result from the proposed perpendicular road crossings for Phases 1A, 1 B, and 2 of the Project Blue Site: 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 Kimley Morn Impact Site 1 (Perennial stream S1): Zone 1 impacts - 8,338 square feet Zone 2 impacts - 18,269 square feet Impact Site 2 (Perennial stream S13): * Zone 1 impacts - 8,498 square feet o Zone 2 impacts - 22,807 square feet Impact Site 3 (Perennial stream S3): o Zone 1 impacts - 8,338 square feet o Zone 2 impacts - 27,741 square feet Page 2 If there is any additional information you need to assist in the processing of this NW P application, please do not hesitate to contact me at (919) 678-4155 or Jason, Hartshorn@Kimley-Hom.com. Sincerely, , � , ;; , , ZO; el Jason Hartshorn, PWS Attachments 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 ro is r 0 0 0 M Z 0 .�.. m cc 0 J N is CA N CL E CL E � 7 �u .o vs 0 r CV�d.00 d C 0 C C. +�+ E N N r N Im m m a EL a to LL N N C Ca D m C O C O C 0 O O U U cU E m cc �o 3 0 :3 0 U t U t U c 0 c 0 U U c c U U N co lCO la m.± U U a CL o a 0 m U •- J � � rQ .-. 43 N ^ 0 j Q r COS N w 0—CD C` E o N N O � C CAU) m m m O r o � � cD N w C M 0 C.T. 0 VJ V U to U �b E E W d CDlVp L U Ea- Uo UC5 c c m cc IL a y LL O nN of w J Qj Y N y E E t-- � • s .r � i .—. .--. IV N `1% m o 0 o o a a .' N N 2i 0 O O O U U Iz a m m .J _ N _T _T y io 'o o U U ! 1 f 'CIO fC V rX o a E E (D 9) F 1 : M N 'C l0 m L .0 U a li i J kw K T�y 5 _ 3 � •3 j J E Et f~ 1 1~ �1 1 7 r n u � N N ` 'y Q E a E X c _ c cv c� O 'Y G E O N a7 N ;! m_ > N m sr � 1_ N mY°° T �, ti 's I 1 0 cV 1 zo a0 a- c c X ! U).2 N E E IOU 0 f0c }� t!! � a r � LO i ; Q) c (1) c m m i ! E � a El � m El CD nN N- cco L .E M W cl _E ca _E ~ v r 0 N O 3 N � N 0 N 7 m 0 N m 0 a N m a N O E a O U s E U E � c U 0 0 U U N 8 D L 0 Vl U U m C t r E U C m L 3 9' U C �Y 41 L U d 0 a J ~ , ///, / if � r•`J E E- r N N — in w co f 2w, '-� M Cocc m; � 0 0 as m N � N n .- of co W E Y DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-E1940F3A1D89 NC Dept of Ernironmerta] Quality 01 ROY COOPER Governor 7 D E C 2 8 2023 ELIZABETH S. BISER Secretary RICHARD E. ROGERS. JR. NORTH CAROLINA eigh Regional Office Director EnWronmenud Quality �iA August 30, 2023 DWR # 20221576 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.nauven@vinfastauto.com / 1 ea ue ncdot. ov Subject: Approval of Individual 401 Water Quality Certification VinFast Automotive Manufacturing Facility (Project Blue) & Associated Infrastructure USACE Action ID. No. SAW-2014-00610 Dear Ms. Nguyen & Mr. Teague: Attached hereto is a copy of Certification No. WQ0006095 issued to Ms. Thi Van Anh Nguyen and VinFast Manufacturing US, LLC and Mr. Jeffrey L. Teague and NC Department of Transportation, dated August 30, 2023. 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 by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. Nunh Carolina Depanmcnl of 1-m imnmenlal ouahrq I Nvision of Warer Reaaunc, D E 512 %orth Sahxhun Slrccl 1 1617 Mad Scn ice Cenlcr I Ralcigh. Nonh Catulma 27699-1617 a-�a v DocuSign Envelope ID: DE40F452-EE214C21•B6F4-L1940F3A1D89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 2 of 29 This Water Quality Certification nelther 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, littora' rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested (G.S. 143-215.51. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E 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 hit ; �www.ncoah_com; or by calling the OAH Clerk's Office at (919) 431-3000, A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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 15013-23(a). Q �� •onh Carolina Department of Lnwronmental Quality Division of Water Resources 512 North Salisbury Street 1 l61-- Mntl Service Center I Raleigh,.Nonh Carolina 2769916ltce�"D_EJ 9197079000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-E194OF3AiD89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 3 of 29 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, W�•r^� W [/• PJr. 8281W42M""6 ((// Richard E. Rogers, Jr., Director Division of Water Resources Electronic cc: Jason Hartshorn, Kimley-Horn Colin Mellor, NCDOT Environmental Policy Unit David Bailey, USACE Raleigh Regulatory Field Office Paul Weeks, Utilities and Engineering Director, City of Sanford Gabriella Garrison, NCWRC Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20221576 Vinfast - Chatham- 4011C-draft.docx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street r 1617 Mail Service Center 1 Raleigh. North Carolina 29699-I617 919 707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-El94OF3AlD89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 4 of 29 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC006095 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 0213.0200, 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 linearfeet— 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 �� North Carolina Department of f m ironmenial Quabty E Division of Water Resources 4!5:f E5' 2 \onh Salisbury Street 1 6: -.Mal. Service Center I Raleigh, North Carolina 27699-107 � 9' 9.707.9I100 DocuSign Envelope ID: DE40F452-EE21-4C21-86F4-Elg4OF3AID89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 5 of 29 NCdOT Transportation Improvements: Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Phase 16 Perennial Streams 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 31 linear feet 151 linear feet 31 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: 722 linear feet - culvert 112 linear feet - riprap 380 linear feet 722 credits Riparian Wetlands Site 1 0.19 acres 0.04 acres 0.19 credits Site 2 1.65 acres 0.33 acres 1.65 credits Site 3 0.01 acres 0.01 acres 0.01 credits Site 4 0.06 acres 0.06 acres 0.06 credits Site 5 0.56 acres 0.12 acres 0.56 credits Site 6 0.01 acres 0.01 acres 0.01 credits Site 7 0.04 acres 0.08 acres 0.04 credits Site 9 0.02 acres 0.03 acres 0.02 credits Total: 2.54 acres 0.68 acres 2.54 credits Open Waters Site 6 0.82 acres 0 acres 0 credits Total: 0.82 acres 0 acres 0 credits Phase 1C Perennial Streams Site 2 275 linear feet 71 linear feet 275 credits Site 3 25 linear feet 10 linear feet 25 credits Total: 300 linear feet 81 linear feet 300 credits Riparian Wetlands Site 1 0.96 acres 0.12 acres 0.96 credits Site 4 0 acres 0.01 acres 0 credits Total: 0.96 acres 0.13 acres 0.96 credits Open Waters Site 5 0.74 acres 0 acres 0 credits Total: 0.74 acres 0 acres 0 credits D\orth Carolina Department of Environmental Quality Division of Water Resources - E Q 512 North Salisbury Sineei 1 617 Mail Service Cemer I Raleigh -North Carolina 2!699- 1617 1- 919 707.9000 DocuSign Envelope ID: DE40F452 EE21-4C21-B6F4-E194OF3A1D89 VinFast Manufacturing US, LLC DWR# 20221576 ndividual Certification #WQC006095 Page 6 of 29 Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Phase 1D Riparian Wetlands Site 1 0.08 acres 0 acres 0.08 credits Site 2 0.36 acres 0 acres 0.36 credits Site 3 0.03 acres 0 acres 0.03 credits Site 4 0.03 acres 0 acres 0.03 credits Total: 0.50 acres 0 acres a50 credits Phase 3E Riparian Wetlands Site 2 0.01 acres 0 acres 0.01 credits Total: 0.01 acres 0 acres 0.01 credits Open Waters Site 1 1.23 acres 0 acres 0 credits Total: 1.23 acres 0 acres 0 credits Phase 2A Riparian Wetlands Site 1 2.50 acres 0 acres 2.50 credits Site 2 0.08 acres 0 acres 0.08 credits Site 3 0.21 acres 0.01 acres 0.21 credits Site 4 0.06 acres 0 acres 0.06 credits Site 5 2.19 acres 0 acres 2.19 credits Site 6 0.01 acres 0 acres 0.01 credits Total: 5.05 acres 0.01 acres 5.05 credits Open Waters Site 2 0.05 acres 0 acres 0 credits Site 3 0.24 acres 0 acres 0 credits Total. 0.29 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 0linear feet Z133 credits Riparian Wetlands Site 1 2.24 acres 0 acres 2.24 credits Site 5 0.19 acres 0 acres 0.19 credits Site 7 0.12 acres 0 acres 0.12 credits Site 8 0.55 acres 0 acres 0.55 credits Site 9 0.02 acres 0 acres 0.02 credits Site 10 0.70 acres 0 acres 0.70 credits or::D �'j� North Caro' ina Department of Er.vtronmeniat Quphty i Division of Water Resources -05.2 North Sahsbu- Street 1 ' 617 .Mai Service ('ether I Ralergh_ North Camwna 27699 : 61 " ft Y./v 9' 9 707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-86F4-E1940F:JAI E,89 VinFast Manufacturing U5, LLC DWR# 20221576 Individual Certification #WQC006095 Page 7 of 29 Type of Impact Amount Approved Permanent Amount Approved Temporary Mitigation Amount Required Site 11 0.14 acres 0 acres 0.14 credits Site 12 0.02 acres 0 acres 0.02 credits Site 13 0.09 acres 0 acres 0.02 credits Site 14 1.93 acres 0 acres 1.93 credits Site 15 0.03 acres 0 acres 0.03 credits Site 16 0.07 acres 0 acres 0.07 credits Site 18 0.72 acres 0 acres 0.72 credits Site 19 0.42 acres 0 acres 0.42 credits Site 20 0.19 acres 0 acres 0.19 credits Total: Z43 acres 0 acres Z43 credits Open Waters Site 2 0.23 acres 0 acres 0 credits Site 3 0.42 acres 0 acres 0 credits Site 4 0.25 acres 0 acres 0 credits Site 21 0.39 acres 0 acres 0 credits Total: 1.29 acres 0 acres 0 credits City of Sanford Water & Sewer Imarovements Phase 1 Water & Sewer: Type of Impact Amount Approved Permanent* Amount Approved Temporary" Mitigation Amount equired Perennial Streams {HUC 03030002) 5-71/5-13 94 linear feet 54 linear feet 0 credits 5-02 - culvert 229 linear feet 0 linear feet 229 credits 5-88 33 linear feet 0 linear feet 0 credits 5-85/5-05 41 linear feet 43 linear feet 0 credits Total: 3971ineor feet 97 linear feet 229 credits Wetlands (HUC 03030002) W-81/W-88 0.10 acres 0.09 acres 0 credits W-87/W-86 0.09 acres 0.08 acres 0 credits W-11 0 acres 0.46 acres 0 credits W-12 0 acres 0.14 acres 0 credits W-85 0.54 acres 0 acres 0 credits W-02 - culvert 0.20 acres 0 acres 0.20 credits W-04 -culvert 0.35 acres 0 acres 0.35 credits W-83 0 acres 0.23 acres 0 credits W-72 0.11 acres 0 acres 0.11 credits W-74/W-73 0.01 acres 0.01 acres 0 credits W-80 0 acres 0.02 acres 0 credits W-79 0 acres 0.02 acres 0 credits W-78 0 acres 0.02 acres 0 credits North Carolina Department of Environmental Quality . Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Cara: Una 27699-;617 y 9 [9.707.9000 DocuSign Envelope ID: DE40F452-EE21.4C21-B6F4-E194OF3A$Da9 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 8 of 29 Type of Impact Amount Approved Permanent* Amount Approved Temporary" Mitigation Amount Required W-82 0 acres 0.02 acres 0 credits Total: 1.4 acres 1.09 acres 0.66 credits "Permanent stream impacts, other than those noted for culvert installation, are for permanent crossings of the minimum width necessary for routine vehicle access, and/or for armoring of streambed and/or streambank for permanent stabilization. All areas permanently armored will be reconstructed to match the adjacent natural channel dimensions and streambed elevations. "Temporary stream impacts are for dewatering within the Limits of Disturbance (LOD). No grubbing or grading of the streambanks will occur in these areas. No vehicular or machinery shall impact the streambed or streambanks within these impact areas. City of Sanford Water & Sewer Improvements Phase 2 Water: Type of Impact Amount Approved Permanent* Amount Approved Temporary" Mitigation Amount Required Perennial Streams (HUC 03030004) 5-90/5-50 48 linear feet 20 linear feet 0 credits 5-78/5-51 47 linear feet 20 linear feet 0 credits 5-82 40 linear feet 0 linear feet 0 credits Total: 135 linear feet 40 linear feet 0 credits Intermittent Streams (HUC 03030004) 5-57/5-89 66 linear feet 10 linear feet 0 credits 5-56 29 linear feet 0 linear feet 0 credits 5-55 30 linear feet 0 linear feet 0 credits Total: 1251inear 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: 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 W-62 0 acres 0.08 acres 0 credits W-74a 0 acres 0.28 acres 0 credits 1E !North Carolma Department of knvtronmental Quality I Division of Water Resources 512 North Salisbury Street i :61 T Mai Serwce Center Raleigh. North Carolina 27699-16t 7 919.707 9000 DocuSign Envelope ID: Dr40F452-EE21.4C21-B6F4-E194OF9AI D89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 9 of 29 Type of Impact Amount Approved Permanent' Amount Approved Temporary** Mitigation Amount Required 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 !!near 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 871inear feet 0 credits Perennial Streams (HUC 03030003) 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 E��A North Carolina Department of Environmental Quahity I Division of Water Resources 'r�/w 512 North Saksbury Street 1617 Mad Service Center I Raleigh. North Carolina 27699-1617 — V 9l9 707.9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-El94OF3AIDS9 VinFast Manufacturing U5, LLC DWR# 20221576 Individual Certification #WQC006095 Page 10 of 29 Type of Impact Amount Approved Permanent* Amount Approved Temporary** Mitigation Amount Required S-72 - culvert/S-33 20 linear feet 22 linear feet 20 credits S-66-culvert/S-87 24 linear feet 24 linear feet 24 credits Total: 86 linear feet 95 linear feet 66 credits Intermittent Streams (HUC 03030003) S-69/S-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 S-73/S-34 (ephemeral stream) 20 linear feet 21 linear feet 0 credits Total. 611inear 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 permanent 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 (LQD). 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. This approval requires you to follow the conditions listed in the certification below. �� North Carolina Departmem of 6nvtronmental Quality I Division of Water Resources /yJ�} 512 North Salisbury Street 1 1617 Mail Service Center ' Raleigh. North Carolina 27699-16'7 ,�� ��� 919.707.9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-El94OF3AID89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 11 of 29 CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The Permittee has proposed a phased mitigation schedule as noted below for each project area. The attached Compensatory Mitigation Responsibility Transfer Forms (Forms) shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. VinFast Manufacturing Facility Site: Compensatory Mitigation Required River and Sub -basin Number Phase 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 6.52 acres (credits) Cape Fear / 03030002 Stream 1,634 linear feet (credits) Cape Fear / 03030002 Phase 2 (West) Wetland 15.86 acres (credits) Cape Fear / 03030002 Stream 1,589 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 0.46 acres (credits) Cape Fear / 03030002 Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. Q � North Carolina Department or Environmental Quality I Division of Water Resources D, E y 512 North Salishury Street 1617 Mail Service Center a Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: DE40F452-EE21-4C21-66F4-El94OF3AlD89 VinFast Manufacturing US, LLC DWRR 20221576 Individual Certification #WQC006095 Page 12 of 29 2. The Permittee shall ensure that within the Sanford Water & Sewer Improvement projects, during right-of-way clearing, grubbing and grading will be limited within 50 feet of a stream except for one traffic lane for construction equipment until construction activities that necessary for utility installation can occur continuously and expeditiously in order to minimize the length of disturbance to the waterbody. Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. The Permittee shall adhere to the Horizontal Directional Drill Contingency Plan provided to the Division on March 13, 2023. If an inadvertent return enters a surface water, wetland or protected riparian buffer, the Permittee shall notify the Rale-gh 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. 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 '7� North Carolina Department of Environmental Quality I Division or Water Resources D `� 512 North Salisbury Street 1617 Mail Service Center I Raleigh. North Carolina 27699 1617 �_�.2 a �./ 919.707.9000 DocuSign Envelope ID: DE40F452-EE214C21-B6F4-E1940F3AID89 VinFast Manufacturing US, LLC DWR# 20221576 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. 6. The Permittee shall notify the Division of any additional impacts to streams, open waters, regulated buffers, and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities associated with this project. These impacts may be considered cumulative to impacts approved in this Certification and may require a modification of this 401 Water Quality Certification approval. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife, • secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 7. The Permittee shall stake the limits of disturbance at utility crossing of Shaddox Creek and conduct a preconstruction meeting with DWR prior to beginning temporary dewatering activities for utility line installation. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity,• wildlife; secondary contact recreation; agriculture); and that 8. The Permittee shall conduct a preconstruction meeting with DWR prior to beginning land disturbing activities for utility line installation from Sta 4+00 to End within the Phase 1 Gravity Sewer line (Plan Sheet GS-1/ESC 15) where work is to be conducted adjacent to a stream channel. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and that 9. For all pond draining activities the Permittee shall ensure that proper measures are taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond draining techniques will create significant disturbance to native aquatic species, additional measures such as collection and DQ--A North Carolina Department of knvironmental Quality Division or Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699 16F 9197479404 bocuSign Envelope ID: DE40F452-EE21.4C21 B6F4-E1940F3A1D89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 14 of 29 relocation of those native aquatic species may be necessary per the recommendation of the North Carolina Wildlife Resources Commission. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetiand 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. D North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699.1617 _ E Q 919.707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-86F4-E194OF3AID89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 15 of 29 Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 12. The Permittee shall ensure that within the Sanford Water & Sewer Improvement projects, during right-of-way clearing, grubbing and grading will be limited within 50 feet of a stream except for one traffic lane for construction equipment until construction activities that necessary for utility installation can occur continuously and expeditiously in order to minimize the length of disturbance to the waterbody. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 13. The Permittee shall adhere to the Horizontal Directional Drill Inadvertent Release Prevention and Response Contingency Plan as submitted on March 10, 2023. If an inadvertent release enters a surface water or wetland, the Permittee shall immediately notify the Raleigh Regional Office at 919• 791-4200 (after hours and on weekends call 800-858-0368). [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 14. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife: secondary contact recreation: agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Uepanment of hnrironmental Qua:.%y ❑i.:sion o! Water Resources ��QEQ� 512 Korth Salisbury Street 161' Ma I Service : enter I Pale gh..North Carolina 21699 16 . _� 919.707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-E194OF3AID89 VinFast Manufacturing Us, LLC DWR# 20221576 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); ISA 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 ontidegradation 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 shal 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 Q �� North Carolina Department of Environmental Quality Division of Water Resources D, E 512 \onh Salisbury Street 1617 Mail Service Center I Raleigh. \onh Carolina 27699.1617 919.707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-E194OF3AlD89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 17 of 29 criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 19. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10,5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. The following specifications shall apply to class B concrete: i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii. Maximum water -cement ratio gallons per sack 6.8 iv. Slump range 2" to 4" v. Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 20. The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that offects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected in determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 21. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200), including but not limited to D E \orth Carolina department or Envvonmental Quality I Division of Water Resources 512 North Salisbury Street i 617 Mail Service Cemer I Raleigh. North Carolina 27699-1617 DocuSlgn Enve ope fD DE40F452-EE21-4C21-B6F4-El94oF3AiDB9 VinFast Manufacturing U5, LLC DWR# 20221576 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 2B 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 \orth Carolina Department of tnvironmenial Qua'ity I Di%is.o.- of Water Resources S l2 \onh Sal:sbury Street 11617 Ma.1 Serve. Center I Ra etgh. \onh Carolina 27699 16C 919.707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-El94OF3AID89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQ0006095 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)(I) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 25. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU, • if turbidity exceeds these levels due to natural background conditions, North Carolina Department or Environmental Quality I Division of Water Resource-. D� E Q 'Z> 512 \onh Salisbury Street 1617 glad Service Center I Raleigh.'North Caro..na 2'699 6 919.707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-E194OF3AID89 VinFast Manufacturing US, LLC DWR# 20221576 Individual Certification #WQC006095 Page 20 of 29 the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 26. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02N .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 02N .0506(b); 15A NCAC 01N .0507(c); 15A NCAC 028.0100; 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, 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 15 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. Xonh Carolina Department of EnywonmeMll Quality ' Division of water Resources �DHF �Q: �� 512 North Salisbury Drees 1617 14ail Service Cetuer I Raleigh. North Carolina 27699-1617 � 919 7079000 Docu5ign Envelope ID: DE40F452-EE21-4C21-B6F4-El94oF3AID69 VinFast Manufacturing U5, LLC DWR# 20221576 Individual Certification #WQC006095 Page 21 of 29 Citation: 15A NCAC 02H .0506(b); 15A NC4C 02H .0507(c); 15A NCAC 028.0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 29. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. D North Carolina department of Envtronmenlal Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Cenrer I Raletgh. North Caraltna 2T699-161 X 919.707 9000 DocuSign Envelope ID: DE40F452-EE21-4C21-86F4-E194OF3AlD89 VinFast Manufacturing US, LLC DWR# 20221576 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 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, 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 shag 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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Vail 5-nice Center , Raleigh. North Carolina 27699.1617 919.707 9000 DocuSign Envelope ID: DE40F452-EE21.4C21-B6F4-E1940F3A1 D89 VinFast Manufacturing U5, LLC DWR# 20221576 Individual Certification #WQC006095 Page 23 of 29 32. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 01H .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, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 33. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 34. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b);15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 35. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and QANorth CMr ina Department of knVLronmenial Qua ily Division or Water Resourrec c:�.,—D E '%> 512 North Salisbury Street 1 ' 617 Mail Service Center I Raleigh. North Carolina 27699-1617 „, , t. �/ 919,707 900D DocuSign Envelope ID: DE40F452-EE21-4C21 B6F4-E1940F3A1lD89 VinFast Manufacturing US, LLC DWR# 20221576 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 028.0201 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); ISA 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, 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 shag 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. �DHF��� North Carolina Department of Environmental Quality Division of Watcr Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. \orth ( arohna 2.699. 16"° 919.7079000 DocuSign Envelope ID: DE40F452-EE21-4C21-B6F4-El94OF3AlD89 VinFast Manufacturing US, LLC DWR# 20221576 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: 1SA 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: 15ANCACO2H.0507(c); N.C.G.S143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 40. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 41. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) North Carolina Departmenz of hm.ronmenral Qua ny Dn:sion of Water Reso*:rces SI Z North Salisbury Street I .61 - Mail Service t enter I Ra.'ergh. North Cerolcna V699-16:7 Qram. x.x\ r 919 707 9000 DocuSign Envelope ID: DE40F452-EE21.4C21-B6F4-E1940F3A1 D89 VinFast Manufacturing U5, LLC DWR# 20221576 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 30th day of August 2023 DoocuSlpned by. f`'t6'l f. �I—B2816AD426A6406 Richard E, Rogers, Jr., Director Division of Water Resources Q A North Carolina Department of Environmental Quality I Dn isum of Water Resources z:�-D-E512 North Salisbury Street 11617 MailService Center I Raleixh. North Carolina 27699-1617 r — 6 " 919.707 9000 DocuSign Envelope ID- DE40F452-EE21-4C21-B6F4-E194OF3AID89 ROY COOPER Govemor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director SLA7E y NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM August 30, 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 August 30, 2023 as provided in the table below. VinFast Manufacturing Facility Site: Compensatory Mitigation Required River and Sub -basin Number Phase 1B Wetland 0.02 acres (credits) Cape Fear/03030002 Stream 364 linear feet (credits) Cape Fear / 03030002 Phase 3 Wetland 0.013 acres (credits) Cape Fear / 03030002 Stream 313 linear feet (credits) Cape Fear / 03030002 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)j. Signature Authority Name (print): Signature: Date: DR North Carolina Department of Envirunmcntal Quality : Divtston of Water Resource, E �Q 5 512 North Salsbury Street 1 1611 Mad Scn ice Center I Raleigh. North Carolina 27699.1611 L"r"\ � 919.707 9000 DocuSign Envelope ID DE40F452-EE21-4C21-B6F4-El94OF3AID89 ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director (W, OF NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM August 30, 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 August 30, 2023 as provided in the table below. NCDOT Transportation Improvements: Compensatory Mitigation Required River and Sub -basin Number Phase 1 (East) Wetland 6.52 acres (credits) Cape Fear / 03030002 Stream 1,634 linear feet (credits) Cape Fear / 03030002 Phase 2 (West) Wetland 15.86 acres (credits) Cape Fear/030,30002 Stream 1,589 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: DNorth Carolina Department of Environmental Qur[tty I Division of Water Resources -EQ 5!2 North Salisbury Street I ] 6l ] Mad Scrvicc Centl'r 1 Ralctgh, North Carolina 27699- W 1 �,� � 919.707 90M DocuSlgn Envelope ID DE40F452-EE214C21-B6F4-El94oF3AID89 ROY COOPER Govemor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR- Director ' S ,r NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM August 30, 2023 Permittee: VinFast Manufacturing U5, 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 August 30, 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 0.46 acres (credits) Cape Fear / 03030002 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: North Carolina DCpanment of J:nelronmem;il Quality I Division of Water Resoumcs 512 North Salisbury StrLrt 1 1611 Ki+il Service Center Raleigh, Nunh Carolina 27699-161 1 ,;--. �. •o � \ �/' 919 707.9000 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 89 DARLINGTON AVENUE t WILMINGTON, NORTH CAROLINA 28443-1343 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: NGDWof Env:rofilental Quallby Regional Off 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. A 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.Bailey2Ausace_armv.mil. Sincerely, Tommy Fennel Chief, Regulatory Division Wilmington District Enclosures E-Copy Furnished wlattachments: Jason Hartshorn, Kimley-Horn, 'ason.hartshorn kimle-horn,com Todd Bowers, U.S. Environmental Protection Agency, bowers.todd a a_ ov Sue Homewood, North Carolina Division of Water Resources, sue. hornewood&!pg .nc. ov Pete Benjamin, U. S. Fish and Wildlife Service, pete Benjamin fws..ov 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,-79.016704" 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. 'US GOVERNMENT PRIWING OFFICE 1986-717425 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. jkdv�— 12/08/2023 (PERMITTEE) VINFAST MANUFACTURING US, LLC (DATE) MS. THI VAN ANH NGUYEN 9" 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: 1986-717425 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) *U.S GOVERNMENT PRINTING OFFICE: 1996 717425 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 1 NOTIFICATION 1. 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-12, 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 K 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 3 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 subflavus) 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 4 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.mil/Missions/Regulatory- Permit-Program/Agency-Coordination/ESAI. 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. 5 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. 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: 8 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 PhasingRequired Required Requirement Due "Road Plan and Profile" Sheets 4 and 6 of 7, Prior to initiating any Phase 1B "Appendix G: Project Blue 0.04 728 impacts as author zed Permit Impact Drawings" - by this permit Impact Sites 1 and 2 Project Blue Phase 2 No impacts or com nsatory midi ation require for this phas "Permanent Culvert (Vinfast facility) Crossing #3 Future Phase 3", "Permanent Culvert Phase 3 Crossing and #5 Future 0.026 626 Prior to initiating any authorized impacts in Phase 3",and "Appendix G: Project Blue Project Blue Phase 3 Permit Impact Drawings" - Impact Sites 3-5 NCDOT "Wetland and Surface Water Impacts Phase 1 B and Permit" Phase 1 B Permit Prior to initiating any STIP 1C Drawing Sheets 1 — 33, and $ 24 1,954 impacts as authorized HE-0006 Phase 1C Permit Drawing by this permit Sheets 1 — 13 Phases 1 D, 1 E, Compensatory mitigation requirements for these phases will be assessed per 2A, and 2B the stipulations of Special Condition 2 above "Phase I Water and Sewer Line Potential WOTUS Impacts" Sheets 1-15, Water and "Phase It Sewer Line Prior to initiating any Utilities Sewer Lines Potential WOTUS Impacts" 8.09 670 impacts as authorized Phases 1 and 2 Sheets 149, 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. wt NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Vinfast Manufacturing US,7�mber: 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.mil/Missions/Civil- WorkslRegulatory-Program-and-Permitslappealsl 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 Philiv.A.Shannin2ausace.army.md 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 httgs://www.usace.army.mil/MissEonslCivil- WorkslReaulatorv-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 Philiy.A.Shannin2@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 Mithtation*: 8-digit HUC and Basin: 03030002_ Cane Fpar River Racin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 73 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-diRit HUC and Basin: 03030002. Cane Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool COId Riparian Riverine Ripar an Non-Riverine Non -Riparian Coastal 146 1 0.04 Mitigation Site Debited: RES Cape Fear 02 Umbrella Mitiltation 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 deb ted). 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 willine and able to accept the applicant's compensatory miflization responsibility was provided. This compensatory mitigation re uirement is specific to all of the miti able wetland impacts and a Portion of the miti able stream impacts associated with Phase 1B of the Project Blue component of the Vinfast sin le and complete project. The wetland and stream credits required correspond to 0.02 acre of impacts and 146 linear feet of impact& 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 on updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBlTS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 2707 {or by email to SA WA& TL10 usoce. armw. m ill. 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 it ngton 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 h : ribits_ a _ rrnr{iir. 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 icredits) 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-diait HUC and Basin: 03030002. Cane Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian 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 - Dalryland 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 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 RE5 dated November 7 2023 confirming they are williniz and able to accept the applicant's compensatory mitigation responsibility was provided. • This compensatory,mitilZation requirement is specific to a portion of the mitt able stream impacts associated with Phase 18 of the Proiect Blue component of the Vinfast single and complete proiect. • 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 R18iTS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 205, 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 November 8 2023 it ngton 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 htt 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 iAttn: 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: 0303a0m_ Cane Fear River pain Stream Impacts (linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 313 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. Cane Fear River Rosin 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 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/tLF 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 miti able 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 10S, Wake Forest, NC 17587 (or by email to SAWM1TPusoce.ormy.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 Carol,na 27587 Email: David. E.Bailey2@usace.army.mil November 8, 2023 Wllr4npanntrict 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:j/ribit sace.army.m4. 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 18 and IC 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 Riparian 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_ Cane Fear River Ravin Stream Mitigation (credits) Wetiand Mitigation (credits) Warm Cool Cold Riparan Riverine Riparian Non-Riverine Non -Riparian Coastal 1,954 Mitigation Site Debited: Restoration S tems 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, ver;fy that I am authorized to approve mitigation transactions for the MT-gation 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 of Sponsor's Authorized Representative: of Sponsor's Authorized 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 banksponsor. • 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 proiect • 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 SAWMlTtulusoce. army.m!!1. 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 111 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-divit HUC and Basin: 03030002. Cane Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian 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) Wetiand Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non•Riverine I 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 s,te. 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 o 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 miti able wetland im acts associated with Phases 1B and 1C of the STIP HE-0006 component of the Vinfast single and complete oroiect • The wetland and stream credits required correspond to 4.12 acre of impacts at 2A. 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 RI81TS, and 4) the Wilmington District Mitigation Office, 3332 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 for by email to SA WM1T�Ausocr. arm v. moo. 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 9. 2023 ilm ngton 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.ZZribits- 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. Cane Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine I Riparian Nan-Riverine Non -Riparian Coastal 229 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-dleit HUC and Basin: 03030002. Cane Fear River Rasin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold ne R Riparian River! iparian Non-Riverine Non -Riparian Coastal 458 0.274 Mitigation Site Debited: RES Cape Fear 02 Umbrella Miti ation 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 USAGE 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 iaddress 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 confirminp, they are willing and able to accept the a licant's compensatory miti ation responsibility was provided. • This compensatory mitigation requirement is, specific to all of the mitigable stream impacts and a portion of the mitilZable wetland im acts associated with the utilities component of the Vinfast single and Complete Proiect, within HUC 03030002, • The stream credits required correspond to 229 linear feet of impacts at 2:1. • The wetland credits required correspond to 0.137 acre of m acts 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 27S87 (or by email to SAWMITtgusoce.ormv.mid. 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 Wii i 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 btlyBribits.usace.armv.mil. Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation ResponsibilitV 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*: B-digit HUC and Basin: 03030002. Cane Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian 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: B-digit HUC and Basin: 03030002. Cane Fear River Ravin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine parian Non-Riverine Non -Riparian Coastal r2.846 Mitigation Site Debited: Wildlands Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Midization 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 1 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 3D 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 s ecific to a portion of the miti able wetland impacts associated with the utilities component of the Vinfast single and complete proiect, 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 27SB7 (or by email to SAWMITOusace.armv.miU. 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 g /'44" November 8, 2023 _ Wil i gton 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.mi1. 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. Cane Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Nan-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. Cane Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine I 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 re uirement is specific to a Portion of the miti able stream impacts associated with the utilities component of the Vinfast single and complete proiect, 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, 3332 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 for by email to SAWMITOusace.armv.mif). 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 Herrtage Tade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David.E.BaIley2@usace.army.mil November 8. 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://ribit5.usace.army.mil. Page 2 of 2 ft 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 Riparian Non-Riverine Non -Riparian Coastal 23.5 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. Caoe Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine 1 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 (NCOOT), 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 miti able stream impacts associated with the utilities component of the Vinfast sin le 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.arm .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 9 November 8 2023 Wil in 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.o5,ace.armv,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_ Cane Fear River Rasin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 4.89 it more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-dieit HUC and Basin_ 03030nn4 rape Fear River Racin Stream Mitigation (credits) Wetland Mitigation (credits) Warm —+ Cool Cold Riparian River ne 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 USAGE 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 of Sponsor's Authorized Representative: Signature of Sponsor's Authorized 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 newversion 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 resoonsibility was provided. • This compensatory miti ation requirement is specific to all of the miti able wetland im acts associated with the utilities component of the Vinfast single and complete Proiect. 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.orm .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 Wil �n 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 J1 ri bits. usace. a rmymil. 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 31 CH 1146, 31 CH 1151, and 31 CH 1154, 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 I. 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 3 I CH 1146, 31 CH 1151, and 31 CH 1154 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 3 I CH 1146, 31 CH 1151, and 31 CH 1154 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 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. 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 of Interior'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 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. VI1. Implementation Execution of this MOA 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 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 Date. • 20 OCT 2 2 i 0 3 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: 1 Or24r"2023 Darin J. Wa 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: Docuftned by: .,o 10/23/2023 Date: Jamie Joe Lancaster, P. E. Environmental Analysis Unit Head 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 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 (3 i CH 1146, 31 CH 1151, and 31 CH 1 l 54) Memorandum of Agreement Chatham County, STIP No. HE-0006, WBS No. 49919.1.1 Project Blue VinFast Phase 1A and 113 Sewer System Extension NC Dept of Environmental Quality DEC 2 S 2023 Raleigh Regional Office Cover Letter The following cover letter is provided to the Water Resources Division of NC DEQ to summarize the project scope of work regarding the Sanitary Sewer System Extension into the VinFast Project. Freese and Nichols has been working with City of Sanford on design for the Triangle Innovation Point Water and Sewer Improvements. Portions of the scope of work for the Triangle Innovation Point Improvements includes bringing domestic water, and wastewater services to the VinFast property. The property owner, VinFast, (property ID 5623, 65276, 5842) is connecting into a stub out provided by City of Sanford (stub out from City of Sanford MH-5 N:679026.76 E:1995579.35), the entire sanitary sewer installed by the property owner will be gravity sewer with the majority of the pipe being PVC. The site work is broken down into two phases due to 401:404 permitting timelines, Phase 1 A has majority of the scope of work relating to utilities, while Phase I has the remaining utilities that is crossing one of the intermittent streams onsite. From discussions with Chathahm County, City of Sanford and NCDEQ, sanitary sewer laterals are to be permitted by Chatham County, and Sanford being the secondary reviewing agency while sanitary sewer main lines are to be permitted by NCDEQ. 401r"404 Permitting is currently approved review from USACE and NCDWR, copies of approvals have been attached with this submittal. Erosion Control and stormwater permitting for 1 B has been approved local jurisdiction having authority, permit numbers have been provided on cover sheet. Phase 1 A has permit approvals for Erosion Control and Stormwater Permits. Sanitary Sewer Structures to be reviewed under Chatham County and NOT NCDEQ: a Body Later to SAN MH 19 a SAN CO 14.5 a SAN CO 19.1 a Assembly Lateral a SAN CO 17.4 12.1.1 a SAN Ol 17.3 a SAN CO 12,1.1.1 a SAN CO 17.2 a SAN CO 12.1.2 a SAN CO 17.1 a SAN OI 12.1.3 a SAN CO IT 1.1 a SAN CO 12.1.4 a Body Lateral to SAN MH 17 a Paint Lateral to a CEP Lateral to SAN MH 13 12.22.2023 a SAN CO 13.1 • SAN CO 12.2.1 a Body Lateral to SAN MH 12 e SAN CO 12.2.1.1.1 • SAN CO 12.7 a SAN CO 12.2.1.2 a SAN CO 12.6 a SAN GI 12.2.1.3 a Paint Lateral to SAN MH 14.2 a SAN CO 12.2.1.4 • SAN CO 14.2.1 a SAN CO 12.2.2 • SAN CO 14.3 a SAN CO 12.2.3 0 SAN CO 14.4 0 SAN CO 12.2.4 to SAN MH SAN MH • SAN OI 12.2.5 • Body Lateral to SAN MH 8.1 • SAN CO 12.2.6 • SAN CO 8.2 • SAN CO 12.2.4.2 • SAN CO 8.3 • Paint Lateral to SAN MH 12.3 • SAN CO 8.4 • SAN CO 12.3.1 • GST Lateral to SAN MH 7.1 • Paint Lateral to SAN MH 12.5 • SAN CO 7.1.2 • SAN CO 12.5.1 • Assembly Lateral to SAN MH 7.2 • SAN CO 12.5.2 • SAN CO 7.2.1 • SAN CO 12.5.3 • Assembly Lateral to SAN MH 7.7 • SAN CO 12.5.4 • SAN OI 7.7.1 • SAN CO 12.5.5 • SAN CO 7.7.2 • Assembly lateral to SAN MH • SAN CO 7.8 10.1 • SAN CO 7.9 • SAN CO 10.2 • Car Wash Lateral to SAN MH • SAN CO 10.3 7.6.1 • SAN GI 10.4 • SAN CO 7.6.2 • SAN CO 10.1.1 Note: All GI and OI shall be permitted by Environmental Health Department. Lateral pipes connection pipes to main to fall under Chatham County Permitting. ' vlronment WSP USA Environment &Infrastructure Inc. NC Dept of E4 1075 Big Shanty Rd NW Suite 100 Kennesaw, Georgia 30144 Phone: (770) 421-3400 DEC2 8 Z08 Qual: LETTER OF TRANSMITTAL Raleigh Regional Office TO: NCDEQ- Raleigh Regional Office Water DATE 12/22/23 Quality Section Project No. 6162 22 0216 3800 Barret Drive Proj. Name: Project Blue Raleigh, North Carolina 27609 Subject: VinFast Sanitary NCDEQ Phase lA and 1B Plans Attention: Trent Allen WE TRANSMIT TO YOU: ® HEREWITH ❑ UNDER SEPARATE COVER SUBJECT: ®DRAWINGS ❑SPECIFICATIONS ❑CALCULATIONS ❑REPORT ❑COST ESTIMATE OAS NOTED ACTION: ❑FOR YOUR INFORMATION ®FOR YOUR COMMENT OR APPROVAL [-]RETURNED FOR CORRECTION: RESUBMIT ❑APPROVED AS NOTED ❑AS REQUESTED SENT BY: ®MAIL ❑CERTIFIED MAIL ❑EXPRESS ❑COURIER ❑HAND DELIVERED ❑FACSIMILE: /inchidino transmittal cheetl COPIES DATE' DESCRIPTION 1 12/22/23 FTSE-10-18 Application with Sanitary Figures 1 12/22/23 Sewer System Extension Application Fast Track 1 12/22/23 Sanitary NCDEQ Cover Letter 1 12/22/23 Project Bluc VinFast NCDEQ Sanitary Plans Phase 1 A and 1 B 12-22-2023 1 12/11/23 404 Permit Approval 1 8/30/23 401 Permit Approval I 8/16/23 Chatham County Riparian Buffer Exemption Letter REMARKS: Please find the attached submittal package for permit review/approval regarding NCDEQ Domestic Water Permitting for the VinFast Moncure EV Manufacturing Facility. Review fee check will be sent by VinFast. Permit fee check has been sent by VinFast. CC: trent.allen@deq.ne.gov paul.weeks@sanfordnc.net tresha.price@deq.ne.gov david.stanciu@wsp.com shawn.guyer@dcq.nc.gov By. FOR: Scott Kurz Senior Engineer Direct Phone: (404) 443-7819 Email: scott.kurz@wsp.com CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited if you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Do C.15 Fain Rr+ued 10/ &W From: Williams. Theresa K To: paul.weeks(clsanfordnc.net; scott.kurz(alwsD.com Cc: Wild, Elaine Subject: Project blue VinFast Phase IA and 113 - FTA Date: Thursday, December 28, 2023 1:00:04 PM Attachments: imaae001.Dna Good Afternoon, I received the Fast Track application for the above -named project. The bottom of page 5 of the application is not signed and dated and the Flow Tracking for Sewer Extension Application is not signed. We need those two things completed before we can move forward with processing your application. Thank you, Theresa K. Williams Administrative Specialist Water Resources Water Quality Regional Operations Section (WQROS) North Carolina Department of Environmental Quality Office: (919)791-4246 theresa.williams(@deq.nc.gov "Your smile is your logo. Your personality is your business card. How you leave others after an experience with you becomes your trademark." - Jay Danzie Physical Address: 3800 Barrett Drive, Raleigh, NC 27609 Mailing Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 Q:> NORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 8160 Class 235 PVC 8 330 Class50 DIP ➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - ° 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day (firm capacity) ➢ This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s) per pump(s): gallons per minute (GPM) at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per MDCPSFM Section 2.01C. Lb. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B)_ ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility and may not be portable Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C): ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - or ❑ Portable pumping unit with plugged emergency pump connection and telemetry: ➢ Include documentation that the portable source is owned or contracted by the applicant and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided as part of this permit application in the case of a multiple station power outage. FORM: FTA 10-23 Page 3 of 5 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 DIvIlsion of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-23) Entity Requesting Allocation: City of Stanford Project Name for which flow is being requested: Project Blue VinFast Phase IA and 1B More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: b. WWTP Facility Permit # Buffalo WasteWater Treatment Plant NCO024147 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used All flows are in MGD 12 1.72608 4.1390 0.0 5.86508 48.9 II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Approx. Obligated, Total Pump Pump Average Current Not Yet Current Flow Station Station Firm Daily Flow** Avg. Daily Tributary Plus (Name or Permit Capacity, * (Firm / pf), Flow, Daily Flow, Obligated Available Number) No. MGD MGD MGD MGD Flow Capacity*** Shaddox WQ0039653 2.7 1.08 0.1569 .0097 .1666 0.9134 Hughes WQ0039653 2.35 .9403 .1569 .0097 .1666 0.7737 Little D.,FF 1 WQ0040285 6.365 2.545 1.304 0.660 1.964 0.581 * The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): City of Stanford Collection System Downstream Permit Number: WQCS00047 Pagel of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 III. Certification Statement: I Paul Weeks, Jr. PE, certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. EDocuSigned by: au1 k, (1 uks ,fir. P.f. 12/29/2023 BBC39E6667844B9... Signing Official Signature utilities and Engineering Director Title of Signing Official Date Page 2 of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section II where Available Capacity is < 0. Pump Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for % and MGD of the Available Capacity (E) in Pump Station ; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately MGD per year; and that c. A funded Capital Project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143- 215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Official Signature Date Page 3 of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 WASTEWATER TREATMENT SYSTEM EXPANSIONS BEYOND EXISTING ALLOCATION Complete this form and submit applicable supporting documentation if the proposed project is subject to overallocation allowances outlined per G.S. 143-215.1(6). Receiving WWTP Name: Receiving WWTP Permit Number: Provide a copy of the active NPDES permit for the receiving WWTP. Overallocation Criteria 1. Does the receiving WWTP's existing NPDES permit have an expansion flow tier? ❑ Yes or ❑ No. a. If yes, provide the expansion flow tier: MGD; proceed to item 2. b. If no, overallocation is not allowable for this construction until such a time that the receiving WWTP's NPDES permit is modified for inclusion of an expansion flow tier capable of receiving and sufficiently treating the wastewater generated by the proposed construction. 2. Is the receiving WWTP and collection system located within either (1) a county with a projected population growth rate above two percent annually based on a 20-year residential growth projection conducted using data provided by the Office of State Budget and Management (OSBM) State Demographer or (2) one of the top 20% of the fastest growing counties in the State by population based on a 10-year residential growth projection conducted using data provided by the OSBM State Demographer? ❑ Yes or ❑ No. a. If yes, submit a residential population projection to support your claim; proceed to item 3. b. If no, overallocation is not allowable for this construction. 3. Has the receiving WWTP received a violation for being non -compliant with any non -flow limitations identified in the active NPDES permit in the past 5 years? ❑ Yes or ❑ No. a. If yes, overallocation is not allowable for this construction. b. If no, submit a limit violation report to support your claim; proceed to item 4. 4. Has the receiving WWTP exceeded its monthly average flow limitation identified in the active NPDES permit more than once in any 12-month period in the past 10 years? ❑ Yes or ❑ No. a. If yes, overallocation is not allowable for this construction. The receiving WWTP may not allocate more than one hundred percent (100%) of the existing system's hydraulic capacity until the permittee complies with the permitted monthly flow for at least 12 consecutive months. b. If no, submit a WWTP flow report to support your claim; proceed to item 5. 5. Is completion of construction for work identified in an Authorization to Construct (ATC) permit that results in expansion of facility to the next flow tier anticipated to occur within 24 months of the submittal date? ❑ Yes or ❑ No. a. If yes, allocation of one hundred ten percent (115%) of the receiving WWTP's existing hydraulic capacity is allowable. i. Provide the ATC Permit Number: ; ii. Submit a construction timeline signed by the contactor's Project Manager; iii. Submit a letter of agreement of timeline feasibility signed by the NC -licensed Professional Engineer responsible for the certification of work covered under the applicable ATC permit; iv. Proceed to item 6. b. If no, allocation of one hundred ten percent (110%) of the receiving WWTP's existing hydraulic capacity is allowable. Proceed to item 6. Page 4 of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 6. Does the overallocation identified as allowable under item 5 result in a WWTP flow rate greater than the permitted projected capacity after expansion? ❑ Yes or ❑ No. a. If yes, overallocation is not allowable for this construction. b. If no, proceed to item 7. 7. Does the overallocation identified as allowable under item 5 result in a WWTP flow rate greater than 80% of the permitted projected capacity after expansion? ❑ Yes or ❑ No. a. If yes, overallocation is allowable. Submit an engineering evaluation of the receiving WWTP's future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. This shall be provided to the Division prior to the proposed activity. Proceed to item 8. b. If no, overallocation is allowable. 8. Does the overallocation identified as allowable under item 5 result in a WWTP flow rate greater than 90% of the permitted projected capacity after expansion? ❑ Yes or ❑ No. a. If yes, overallocation is allowable. However, the permittee for the receiving WWTP shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. This shall be provided to the Division prior to the proposed activity. b. If no, overallocation is allowable. Signing Official Signature Date Page 5 of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 Instructions for Flow Tracking form (FTSE) and Planning Assessment Addendum (PAA) Section I a. WWTP Facility Name: Enter the name of the WWTP that will receive the wastewater flow. b. WWTP Facility Permit #: Enter the NPDES or Non -Discharge number for the WWTP receiving the wastewater flow. c. WWTP facility's permitted flow, MGD: From WWTP owner's NPDES or Non -Discharge permit. d. Estimated obligated flow not yet tributary to the WWTP, MGD: This includes flows allocated to other construction projects not yet contributing flow to the collection system. Flows allocated through interlocal agreements or other contracts not yet contributing flow to the collection system are also included. For POTWs that implement a pretreatment program, include flows allocated to industrial users who may not be using all of their flow allocation. Please contact your Pretreatment Coordinator for information on industrial flow tributary to your WWTP. As of January 15, 2008 the POTW should have reviewed flow allocations made over the last two years and reconciled their flow records, to the best of their ability, so it is known how much flow has been obligated and is not yet been made tributary to the WWTP, in accordance with local policies and procedures employed by the reporting entity. e. WWTP facility's actual avg. flow, MGD: Previous 12 month average. f. Total flow for this specific request, MGD: Enter the requested flow volume. g. Total actual and obligated flows to the facility, MGD Equals [d + e + fJ h. Percent of permitted flow used: Equals [(g / c)* 100] For example: On January 15 a POTW with a permitted flow of 6.0 MGD, reported to the Regional Office that there is 0.5 MGD of flow that is obligated but not yet tributary. The annual average flow for 2007 is 2.7 MGD. There is a proposed flow expansion of 0.015 MGD. The first Form FTSE submitted after January 15, 2008 may have numbers like this: c. = 6.0 MGD d. = 0.5 MGD e. = 2.7 MGD £ = 0.015 MGD g. = 3.215 MGD h. = 53.6 % The next Form FTSE may be updated like this with a proposed flow expansion of 0.102 MGD: c. = 6.0 MGD d. = 0.515 MGD e. = 2.73 MGD f. = 0.102 MGD g. = 3.349 MGD h. = 55.8 % Each subsequent FTSE form will be updated in the same manner. Page 6 of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 Section II List the pump station name or number and approximate pump station firm capacity, approximate design average daily flow (A) approximate current average daily flow (B), and the obligated, not yet tributary flow through the pump station (C) for each pump station that will be impacted by the proposed sewer extension project. Calculate the total current flow plus obligated flow (D=B+C) and the available capacity (E=A-D). Include the proposed flow for this project with other obligated flows that have been approved for the pump station but are not yet tributary (C). Firm capacity is the maximum pumped flow that can be achieved with the largest pump out of service as per the Minimum Design Criteria. Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) of not less than 2.5. If the available capacity (E) for any pump station is < 0, then prepare a planning assessment for that pump station if the system has future specific plans related to capacity that should be considered in the permitting process. (A) (B) (C) (D)=(B+C) (E)=(A-D) Obligated, Design Approx. Not Yet Total Current Firm Average Current Avg. Tributary Flow Plus Pump Station Capacity Daily Flow Daily Flow, Daily Flow, Obligated Available (Name or Number) MGD (Firm / pf) MGD MGD Flow Capacity* Kaw Creek PS 0.800 0.320 0.252 0.080 0.332 -0.012 Valley Road PS 1.895 0.758 0.472 0.135 0.607 0.151 Page 7 of 8 FTSE 10-23 DocuSign Envelope ID: E775C1C4-A309-4B31-B751-2C01DA8A1128 Planning Assessment Addendum Instructions Submit a planning assessment addendum for each pump station listed in Section II where available capacity is < 0. A planning assessment for Kaw Creek PS (see example data above) may be performed to evaluate whether there is significant likelihood that needed improvements or reductions in obligated flows will be in place prior to activating the flows from the proposed sewer extension project. If the system decides to accept the flow based on a planning assessment addendum, it is responsible to manage the flow without capacity related sanitary overflows and must take all steps necessary to complete the project or control the rate of flow to prevent sanitary sewer overflows. The planning assessment may identify a funded project currently in design or construction, or a planned project in the future not yet funded but in a formal plan adopted by the system. The system should carefully weigh the certainty of successful timely project completion for any expansion, flow management diversion or infiltration and inflow elimination projects that are the foundation of a planned solution to capacity tracking and acceptance compliance. For example: Given that: a. The proportion and amount of obligated, not yet tributary flow accounts for 24 % and 0.080 MGD of the committed flow in Pump Station Kaw Creek; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately 0.01 MGD per year; and that c. A funded capital project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: The master plan and ten year capital plan contain recommended scope and funding for a capital project entitled Kaw Creek Pump Station upgrade with funding planned in July 2014. This project is planned to add 0.100 MGD to the firm capacity of the pump station by October 2015. Inclusion of this proposed capital project as a condition of this Flow Tracking/Acceptance for Sewer Extension Permit Application elevates this project's priority for funding and construction to be implemented ahead of the activation of obligated, not yet tributary flows in amounts that exceed the firm pump station capacities identified in Section II above. Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. Page 8 of 8 FTSE 10-23