HomeMy WebLinkAbout20221576 Ver 2_Approval Letter_20240502DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 2, 2024
DWR # 20221576 Ver 2
Chatham County
VinFast Manufacturing US, LLC
Attn: Ms. Thi Van Anh Nguyen
160 Mine Lake Ct, Suite 200
Raleigh NC 27615
NC Department of Transportation — Highway Division 8
Attn: Mr. Jeffrey L. Teague, PE
121 DOT Drive
Carthage, NC 28327
Delivered via email to: anh.nguyen@vinfastauto.com / ilteague@ncdot.gov
Subject: Approval of Individual 401 Water Quality Certification
VinFast Automotive Manufacturing Facility (Project Blue) & Associated Infrastructure
USACE Action ID. No. SAW-2014-00610
Dear Ms. Nguyen & Mr. Teague:
Attached hereto is a copy of Certification No. WQC006095 issued to Ms. Thi Van Anh Nguyen and VinFast
Manufacturing US, LLC and Mr. Jeffrey L. Teague and NC Department of Transportation, dated May 2,
2024. This is a modification to the certification issued on December 1, 2023. This modification is to
incorporate revisions to the NCDOT Phases 113 and 1C and incorporate modifications for final design of
Phases 1D and elimination of Phase 1E. This approval is for the purpose and design described in your
application. The NC Department of Transportation will be the responsible party with regards to this
Certification for the Chatham -TIP Road Improvements (STIP# HE-0006) portion of the project. VinFast
Manufacturing US, LLC will be the responsible party with regards to this Certification for all other aspects
of the project, including offsite utility improvements. The plans and specifications for this project are
incorporated by reference as part of this Water Quality Certification. If you change your project, you must
notify the Division and you may be required to submit a new application package with the appropriate fee.
If the property is sold, the new owner must be given a copy of this Certification and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 2 of 28
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,n W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 3 of 28
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or sue.homewood@deq.nc.gov if you have any
questions or concerns.
Sincerely,
IDocuSigned by:
Sft p�t, bass
980C5097DKE4E9...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
Electronic cc: Jason Hartshorn, Kimley-Horn
Chris Rivenbark, RK&K
David Bailey, USACE Raleigh Regulatory Field Office
Gabriella Garrison, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20221576v2 Vinfast - Chatham- 4011C.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,—W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 4 of 28
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 modification application received by the N.C. Division of Water Resources (Division)
on March 7, 2024 and prior information received on January 19, 2023, March 13, 2023, May 22, 2023,
June 20, 2023, July 10, 2023, July 14, 2023 and August 7, 2023, and by Public Notice issued by the U. S.
Army Corps of Engineers on November 22, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
VinFast Manufacturing Facility Site:
Type of Impact
Amount Approved
Amount
Mitigation Amount
Permanent
Approved
Required
Temporary
Perennial Streams
Impact Site 1— Road
241 linear feet
0 linear feet
241 credits
Crossing
Impact Site 2 — Road
123 linear feet
0 linear feet
123 credits
Crossing
Impact Site 3 — Road
221 linear feet — culvert
0 linear feet
221 credits
Crossing
97 linear feet - riprap
Impact Site 5 — Road
92 linear feet —culvert
0 linear feet
92 credits
Crossing
23 linear feet - riprap
Total:
677 linear feet — culvert
0 linear feet
677 credits
120 linear feet - riprap
Riparian Wetlands
Impact Site 2 — Road
0.02 acres
0 acres
0.02 credits
Crossing
Impact Site 4 — Road
0.013 acres
0 acres
0.013 credits
Crossing
Total:
0.033 acres
0 acres
0.033 credits
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,n W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
NCDOT Transportation Improvements:
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 5 of 28
Type of Impact
Amount Approved
Permanent
Amount
Approved
Temporary
Mitigation Amount
Required
Phase 1B
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
185 linear feet
82 credits
Site 7
11 linear feet - culvert
20 linear feet riprap
165 linear feet
11 credits
Site 8
89 linear feet
65 linear feet
89 credits
Site 9
35 linear feet
49 linear feet - riprap
56 linear feet
35 credits
Total:
724 linear feet - culvert
131 linear feet - riprap
583 linear feet
724 credits
Riparian Wetlands
Site 1
0.208 acres
0.014 acres
0.208 credits
Site 2
1.895 acres
0.105 acres
1.895 credits
Site 3
0.022 acres
0 acres
0.022 credits
Site 4
0.109 acres
0.257 acres
0.109 credits
Site 5
0.643 acres
0.041 acres
0.643 credits
Site 6
0.021 acres
0.001 acres
0.021 credits
Site 7
0.111 acres
0 acres
0.111 credits
Site 9
0.053 acres
0 acres
0.053 credits
Utility Site 1
0 acres
0.051 acres
0 credits
Total:
3.062 acres
0.469 acres
3.062 credits
Open Waters
Site 5 (jurisdictional
ditch)
0.002 acres
0.001 acres
0 credits
Site 6
0.821 acres
0 acres
0 credits
Site 9
0.001 acres
0.001 acres
0 credits
Total:
0.824 acres
0.002 acres
0 credits
Phase 1C
Perennial Streams
Site 2
279 linear feet
82 linear feet
279 credits
Site 7
17 linear feet
40 linear feet
17 credits
Total:
296 linear feet
122 linear feet
296 credits
Riparian Wetlands
Site 1
1.079 acres
0 acres
1.079 credits
Site 4
0.004 acres
0 acres
0.004 credits
Site 6
0 acres
0.007 acres
0 credits
Total:
1.083 acres
0.007 acres
1.083 credits
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 6 of 28
Type of Impact
Amount Approved
Permanent
Amount
Approved
Temporary
Mitigation Amount
Required
Open Waters
Site 5
0.740 acres
0 acres
0 credits
Total:
0.740 acres
0 acres
0 credits
Phase 1D
Riparian Wetlands
Site 1
0.034 acres
0 acres
0.034 credits
Site 2
0.224 acres
0.020 acres
0.224 credits
Site 3
0.003 acres
0 acres
0.003 credits
Utility Site 1
0 acres
0.009 acres
0 credits
Utility Site 2
0 acres
0.142 acres
0 credits
Utility Site 3
0 acres
0.108 acres
0 credits
Total:
0.261 acres
0.279 acres
0.261 credits
Phase 2A
Riparian Wetlands
Site 1
2.497 acres
0 acres
2.497 credits
Site 2
0.078 acres
0 acres
0.078 credits
Site 3
0.210 acres
0 acres
0.210 credits
Site 4
0.059 acres
0 acres
0.059 credits
Site 5
2.186 acres
0 acres
2.186 credits
Site 6
0.012 acres
0 acres
0.012 credits
Total:
5.042 acres
0 acres
5.042 credits
Open Waters
Site 2
0.045 acres
0 acres
0 credits
Site 3
0.235 acres
0 acres
0 credits
Total:
0.280 acres
0 acres
0 credits
Phase 2B
Perennial Streams
Site 3
121 linear feet
0 linear feet
121 credits
Site 6
1064 linear feet
0 linear feet
1064 credits
Site 14
829 linear feet
0 linear feet
829 credits
Site 17
119 linear feet
0 linear feet
119 credits
Total:
2,133 linear feet
0 linear feet
2,133 credits
Riparian Wetlands
Site 1
2.228 acres
0 acres
2.228 credits
Site 5
0.192 acres
0 acres
0.192 credits
Site 7
0.120 acres
0 acres
0.120 credits
Site 8
0.548 acres
0 acres
0.548 credits
Site 9
0.019 acres
0 acres
0.019 credits
Site 10
0.695 acres
0 acres
0.695 credits
Site 11
0.141 acres
0 acres
0.141 credits
Site 12
0.019 acres
0 acres
0.019 credits
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprU-t of EmlmMIB�I OwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 7 of 28
Type of Impact
Amount Approved
Permanent
Amount
Approved
Temporary
Mitigation Amount
Required
Site 13
0.093 acres
0 acres
0.093 credits
Site 14
1.927 acres
0 acres
1.927 credits
Site 15
0.028 acres
0 acres
0.028 credits
Site 16
0.074 acres
0 acres
0.074 credits
Site 18
0.715 acres
0 acres
0.715 credits
Site 19
0.417 acres
0 acres
0.417 credits
Site 20
0.188 acres
0 acres
0.188 credits
Total:
7.404 acres
0 acres
7.404 credits
Open Waters
Site 2
0.228 acres
0 acres
0 credits
Site 3
0.419 acres
0 acres
0 credits
Site 4
0.249 acres
0 acres
0 credits
Site 21
0.389 acres
0 acres
0 credits
Total:
1.285 acres
0 acres
0 credits
City of Sanford Water & Sewer Improvements Phase 1 Water & Sewer:
Type of Impact
Amount Approved
Permanent*
Amount Approved
Temporary**
Mitigation Amount
Required
Perennial Streams (HUC 03030002)
S-71/S-13
94 linear feet
54 linear feet
0 credits
S-02 - culvert
229 linear feet
0 linear feet
229 credits
S-88
33 linear feet
0 linear feet
0 credits
S-85/S-05
41 linear feet
43 linear feet
0 credits
Total:
397 linear 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
W-82
0 acres
0.02 acres
0 credits
Total:
1.4 acres
1.09 acres
0.66 credits
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 8 of 28
*Permanent stream impacts, other than those noted for culvert installation, are for permanent crossings
of the minimum width necessary for routine vehicle access, and/or for armoring of streambed and/or
streambank for permanent stabilization. All areas permanently armored will be reconstructed to match
the adjacent natural channel dimensions and streambed elevations.
**Temporary stream impacts are for dewatering within the Limits of Disturbance (LOD). No grubbing or
grading of the streambanks will occur in these areas. No vehicular or machinery shall impact the
streambed or streambanks within these impact areas.
City of Sanford Water & Sewer Improvements Phase 2 Water:
Type of Impact
Amount Approved
Permanent*
Amount Approved
Temporary**
Mitigation Amount
Required
Perennial Streams (HUC 03030004)
S-90/S-50
48 linear feet
20 linear feet
0 credits
S-78/S-51
47 linear feet
20 linear feet
0 credits
S-82
40 linear feet
0 linear feet
0 credits
Total:
135 linear feet
40 linear feet
0 credits
Intermittent Streams (HUC 03030004)
S-57/S-89
66 linear feet
10 linear feet
0 credits
S-56
29 linear feet
0 linear feet
0 credits
S-55
30 linear feet
0 linear feet
0 credits
Total:
125 linear feet
10 linear feet
0 credits
Wetlands (HUC 03030002)
W-49
0.21 acres
0 acres
0 credits
W-47
0.38 acres
0 acres
0 credits
W-45
0.06 acres
0 acres
0 credits
W-51
0.10 acres
0 acres
0 credits
W-75
0.21 acres
0 acres
0 credits
Total:
0.96 acres
0 acres
0 credits
Wetlands (HUC 03030004)
W-56/W-55
0.57 acres
0.24 acres
0 credits
W-58/W-57
0.25 acres
0.07 acres
0 credits
W-63
0 acres
0.06 acres
0 credits
W-53a/W-68
2.66 acres
0.13 acres
0 credits
W-53b/W-69
0.94 acres
0.73 acres
0 credits
W-53c/W-70
0.29 acres
0.31 acres
0 credits
W-59
0 acres
0.06 acres
0 credits
W-61/W-60
0.03 acres
0.07 acres
0 credits
W-62
0 acres
0.08 acres
0 credits
W-74a
0 acres
0.28 acres
0 credits
Total:
4.74 acres
2.03 acres
0 credits
*Permanent stream impacts, other than those noted for culvert installation, are for permanent crossings
of the minimum width necessary for routine vehicle access, and/or for armoring of streambed and/or
streambank for permanent stabilization. All areas permanently armored will be reconstructed to match
the adjacent natural channel dimensions and streambed elevations.
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 9 of 28
"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)
S-63/S-26
30 linear feet
10 linear feet
0 credits
S-100/S-24
53 linear feet
12 linear feet
0 credits
S-23
54 linear feet
0 linear feet
0 credits
S-60/S-22
38 linear feet
13 linear feet
0 credits
S-59/S-21
47 linear feet
3 linear feet
0 credits
S-77
30 linear feet
0 linear feet
0 credits
Total:
252 linear feet
38 linear feet
0 credits
Intermittent Streams (HUC 03030004)
S-32 (ephemeral stream)
0 linear feet
56 linear feet
0 credits
S-65/S-31
35 linear feet
11 linear feet
0 credits
S-64/S-30
46 linear feet
9 linear feet
0 credits
S-86/S-25
47 linear feet
11 linear feet
0 credits
S-20
44 linear feet
0 linear feet
0 credits
S-19
40 linear feet
0 linear feet
0 credits
S-18
73 linear feet
0 linear feet
0 credits
S-17
41 linear feet
0 linear feet
0 credits
S-16
59 linear feet
0 linear feet
0 credits
S-15
65 linear feet
0 linear feet
0 credits
S-47
74 linear feet
0 linear feet
0 credits
S-46
51 linear feet
0 linear feet
0 credits
S-44
41 linear feet
0 linear feet
0 credits
S-43
31 linear feet
0 linear feet
0 credits
S-37(ephemeral stream)
82 linear feet
0 linear feet
0 credits
S-77
30 linear feet
0 linear feet
0 credits
Total:
759 linear feet
87 linear feet
0 credits
Perennial Streams (HUC 03030003)
S-76/S-38
20 linear feet
22 linear feet
0 credits
S-75- culvert /S-36
22 linear feet
27 linear feet
22 credits
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
S-74/S-35 (ephemeral
stream)
20 linear feet
23 linear feet
0 credits
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 10 of 28
Type of Impact
Amount Approved
Permanent*
Amount Approved
Temporary**
Mitigation Amount
Required
S-73/S-34 (ephemeral
stream)
20 linear feet
21 linear feet
0 credits
Total:
61 linear feet
55 linear feet
0 credits
Wetlands (HUC 03030004)
W-60A
0.03 acres
0 acres
0 credits
W-34
0 acres
0.05 acres
0 credits
W-64
0 acres
0.001 acres
0 credits
W-32
0 acres
0.06 acres
0 credits
W-84
0 acres
0.04 acres
0 credits
W-28
0 acres
0.48 acres
0 credits
W-26
0 acres
0.001 acres
0 credits
W-24
0 acres
0.05 acres
0 credits
W-22
0 acres
0.02 acres
0 credits
W-20
0.12 acres
0 acres
0 credits
W-18
0 acres
0.002 acres
0 credits
W-17
0 acres
0.16 acres
0 credits
Total:
0.15 acres
0.864 acres
0 credits
Wetlands (HUC 03030003)
W-42
0.08 acres
0 acres
0 credits
Total:
0.08 acres
0 acres
0 credits
Wetlands (HUC 03030002)
W-77/W-16
0.02 acres
0.01 acres
0 credits
W-76/W-14
0.08 acres
0.03 acres
0 credits
Total:
0.10 acres
0.04 acres
0 credits
*Permanent stream impacts, other than those noted for culvert installation, are for 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.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Division has received a copy Mitigation Responsibility Transfer Forms which partially
satisfies the original mitigation requirements for this project as approved December 1, 2023 and
as specified below. Mitigation for additional impacts must be provided for the proposed
impacts as specified in the table below. The attached Compensatory Mitigation Responsibility
Transfer Forms (Forms) shall be completed and provided to the Division prior to any impacts
occurring on additional phases of the project. If the Mitigation Sponsor specified on the
attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROI IVA
!!l 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
OWwU,,d nF Emlmanl b1 Oual� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 11 of 28
Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from
the Division.
VinFast Manufacturing Facility Site:
Compensatory Mitigation Provided
River and Sub -basin Number
Phase 1B
Wetland
0.02 acres (credits)
Cape Fear / 03030002
Stream
364 linear feet (credits)
Cape Fear / 03030002
Compensatory Mitigation Required
River and Sub -basin Number
Phase 3
Wetland
0.013 acres (credits)
Cape Fear / 03030002
Stream
313 linear feet (credits)
Cape Fear / 03030002
NCDOT Transportation Improvements:
Compensatory Mitigation Provided
River and Sub -basin Number
Phase 113 & 1C
Wetland
4.145 acres (credits)
Cape Fear / 03030002
Stream
1020 linear feet (credits)
Cape Fear / 03030002
Compensatory Mitigation Required
River and Sub -basin Number
Phase 1D
Wetland
0.261 acres (credits)
Cape Fear / 03030002
Phase 2 (West)
Wetland
12.446 acres (credits)
Cape Fear / 03030002
Stream
2133 linear feet (credits)
Cape Fear / 03030002
City of Sanford Water & Sewer Improvements:
Compensatory Mitigation Provided
River and Sub -basin Number
Stream
229 linear feet (credits)
Cape Fear / 03030002
Stream
66 linear feet (credits)
Cape Fear / 03030003
Wetland
0.66 acres (credits)
Cape Fear / 03030002
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, 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.
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)
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 12 of 28
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
3. The Permittee shall adhere to the Horizontal Directional Drill Contingency Plan provided to the
Division on March 13, 2023. If an inadvertent return enters a surface water, wetland or
protected riparian buffer, the Permittee shall notify the Raleigh Regional Office at 919-791-4200
(after hours and on weekends call 800-858-0368).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
4. When final design plans are completed for Impact Sites 3 and 5 within the VinFast
Manufacturing Facility the Permittee shall submit a copy to the Division for review. Final
designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to
wetlands, streams, and other surface waters. The Permittee shall submit a permit modification
request if the impacts from the final design of the road crossings are different than those
identified in this approval. No construction activities (including temporary impacts) shall begin
at Impact Sites 3 and 5 until after a permit modification has been secured, or the Division has
acknowledged review of the final design drawings.
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
When final design plans are completed for Phase 2 of 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 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 13 of 28
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. 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
relocation of those native aquatic species may be necessary per the recommendation of the North
Carolina Wildlife Resources Commission.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 14 of 28
8. 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.
9. 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.
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.
10. 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)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 15 of 28
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.
11. 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.
12. 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.
13. Any utility construction corridor that is parallel to a stream or open water shall not be closer than
10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
14. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to
the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 16 of 28
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.
15. 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.
16. 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
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. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofE"mnme�lOwl 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 17 of 28
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. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to
minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled
separately from subsoils and will be backfilled into the trench only after the subsoils have been
placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, 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.
19. 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
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.
20. 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 18 of 28
21. 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.
22. 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
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 19 of 28
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.
23. 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 028.0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
24. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
25. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 20 of 28
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
26. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
27. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 21 of 28
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.
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.
28. 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)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 22 of 28
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.
29. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
30. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 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.
31. 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)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 23 of 28
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.
32. 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.
33. 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
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.
34. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 24 of 28
35. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, 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.
36. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
37. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
VinFast Manufacturing US, LLC
DWR# 20221576 Ver 2
Individual Certification #WQC006095
Page 25 of 28
38. 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.
39. 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)
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 2Rd day of May, 2024
ESDocuSigned by:
ft p�G rbss
980C5097D80E4E9_
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n W10-Ift /� 919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
May 2, 2024
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 May 2, 2024
as provided in the table below.
VinFast Manufacturing Facility Site:
Compensatory Mitigation Required
River and Sub -basin Number
Phase 3
Wetland
0.013 acres (credits)
Cape Fear / 03030002
Stream
313 linear feet (credits)
Cape Fear / 03030002
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation
Provider, no more than 25 percent of the total mitigation required by Division can be met through
preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
oR.m.m,r�.n_neraial` /"� 919.7�7.9�0�
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
May 2, 2024
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 May 2, 2024
as provided in the table below.
in
.uui transportation Improvements:
Compensatory Mitigation Required River and Sub -basin Number
Phase 1D & 1E
Wetland 0.261 acres (credits) Cape Fear / 03030002
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation
Provider, no more than 25 percent of the total mitigation required by Division can be met through
preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000
DocuSign Envelope ID: 38A4728A-8515-482C-8D41-612370A645D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
May 2, 2024
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 May 2, 2024
as provided in the table below.
NCDOT Transportation Improvements:
Compensatory Mitigation Required
River and Sub -basin Number
Phase 2 (West)
Wetland
12.446 acres (credits)
Cape Fear / 03030002
Stream
2133 linear feet (credits)
Cape Fear / 03030002
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation
Provider, no more than 25 percent of the total mitigation required by Division can be met through
preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature: Date:
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
oR.m.m,r�.n_neraial` /"� 919.7�7.9�0�