20230767 Ver 1_ePCN Application_20230526

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
2/1/2023
BIMS # Assigned
20230767
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Stover North Data Center (CLT17)
1a. Who is the Primary Contact?*
Claire Wolanski
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/26/2023
Nearest Body of Water
South Fork Catawba River
Basin
Catawba
Water Classification
WS-V
Site Coordinates
Latitude:
35.619096
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Catawba
Is this a NCDMS Project
Yes No
Longitude:
-81.315780
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Microsoft Corporation
2b. Deed book and page no.:
see attached
2c. Contact Person:
Chris Sander
2d. Address
Street Address
One Microsoft Way
Address Line 2
City State / Province / Region
Redmond WA
Postal / Zip Code Country
98052 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Amber Coleman
4b. Business Name:
Stantec
4c.Address
Street Address
801 Jones Franklin Road
Address Line 2
Ste 300
city
Raleigh
Postal / Zip Code
27606
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
n/a
1c. Nearest municipality / town:
Newton
2. Project Identification
2a. Property Identification Number:
see attached
2c. Project Address
Street Address
3820 Hickory Lincolnton Highway
Address Line 2
city
Newton
Postal / Zip Code
28658
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Fork Catawba River
3b. Water Resources Classification of nearest receiving water:
WS-V
3c. What river basin(s) is your project located in?
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020403
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
160
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
Currently the property is a mixture of pasture, hayfields and small wooded areas with the majority of the property having been farmed for over 50 years. A 150-ft Duke Energy transmission
line bisects the property northwest to southeast. High density industrial land uses are present immediately to the north with the Target Distribution Center located on the northeast adjacent
property. The Catawba County Municipal Solid Waste Landfill is located to the south. Land uses to the west are rural in nature with farms interspersed with low density residential areas.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.146
4g. List the total estimated linear feet of all existing streams on the property:
3051
4h. Explain the purpose of the proposed project:*
The purpose of the CLT17 project is to provide additional cloud storage capacity in support of Microsoft's North Carolina Regional Network Gateway (RNG). Microsoft establishes RNG's
around the globe within identified regions. Sites within the RNG are required to meet certain connectivity and redundancy requirements and must be located within 20-kilometers (km) of
other data centers in the region that are all connected through fiber optic lines.
The applicant is proposing to develop a multi -phase data center development with five single -story data center buildings and associated infrastructure that will collectively be known as the
Stover North Data Center (CLT17). The primary function of the data center campus is to provide the most efficient, controlled environment for communication servers housed inside the
facility. The overall project includes five 48-megawatt data center buildings with parking, access roads and a pad site for one Duke Energy substation, security entrances and features,
installation and/or relocation of utilities, and stormwater management treatment facilities with impacts to jurisdictional waters. The overall proposed site layout has been optimized to meet
the needs of the facility operational requirements while minimizing site disturbance and disturbance to natural resources.
This nationwide permit only covers the activities required to provide early site access to Duke Energy to begin construction on the substation. The substation is a key component to bring
the data center online and providing early access to Duke Energy helps align their construction timeline with the rest of the site construction. Additional impacts for the remainder of the site
will be covered by a future Individual Permit.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
This nationwide permit includes the access road to reach the substation, a gravel substation pad and associated wet pond. The crossing will be maintained throughout the life of the project
as Duke Energy requires ongoing access to the substation area during and after construction. A 60-inch reinforced concrete pipe (RCP) (108 linear feet) will be installed on stream SD with
approximately 10 feet of temporary disturbance on the upstream end during construction and 30 feet of rip rap stabilization on the downstream end of the pipe. Total permanent and
temporary stream impacts are 1481f (0.026 ac).
A wet pond will be installed on the north side of the substation pad to capture and treat stormwater generated from the substation and access road. A portion of wetland WC will be
impacted by pond construction and includes 162 sgft (0.0037 ac) of permanent fill and 30 sgft (0.0007 ac) of temporary clearing. The wet pond has been designed using NCDEQ
standards and is being reviewed by the City of Hickory.
Typical earth moving equipment will be used including excavators, backhoes, dump trucks and pickup trucks. No indirect impacts are anticipated with the installation of the road crossing,
substation and wet pond.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
Delineated in June 2022 by WK Dickson, field re-evaluation by Stantec on 12/1/22
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-02515
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Dan Zurlo
Agency/Consultant Company: WK Dickson
Other: Melissa Ruiz, Stantec
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps PJD approval3/23/2023
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
This nationwide permit is being obtained to provide early site access from the northern portion of the property across stream SD to the site of a proposed substation. Note that site access
cannot be achieved from the south via Stratton Place due to road condition and private property. Microsoft will first be constructing the gravel substation pad and access road while Duke
Energy will be using the access road to build out the remainder of the substation. The remainder of the data center site construction will be covered under an Individual Permit.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
The remainder of the data center site development will be provided as part of a future Individual Permit.
D. Proposed Impacts Inventory O
1. Impacts Summary

1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?) ��2al
WC1
Reason (?)
Wet pond BMP
2b. Impact type*(?)
P
2c. Type of W.
Headwater Forest
2d. W. name
WC
2e. Forested"`
Yes
2f. Type of Jurisdicition*
(?)
Both
2g. Impact
area
0.004
(acres)
ff:7]
Clearing
T
Headwater Forest
WC
Yes
Both
0.001
(acres)
2g. Total Temporary Wetland Impact
0.001
2g. Total Wetland Impact
0.005
2g. Total Permanent Wetland Impact
0.004
2i. Comments:
A portion of wetland WC will be impacted by pond construction and includes 162 sgft (0.0037 ac) of permanent fill and 30 sgft (0.0007 ac) of temporary
clearing.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
width
3h. Impact
P)
Jurisdiction*
length*
g1
Construction access
Temporary
Other
SD
Perennial
Both
10
10
Averege (feet)
(linear feet)
S2
Road Crossing
Permanent
Culvert
SD
Perennial
Both
10
108
Average (feet)
(linear feet)
S3
Riprap stabilization
Permanent
Rip Rap Fill
SD
Perennial
Both
10
30
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
138 10
31. Total stream and ditch impacts:
148
3j. Comments:
A 60-inch reinforced concrete pipe (RCP) (108 linear feet) will be installed on stream SD with approximately 10 feet of temporary disturbance on the
upstream end during construction and 30 feet of rip rap stabilization on the downstream end of the pipe.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Duke Energy requires ongoing access to the substation area during and after construction. The proposed stream crossing was placed at the same
location as the future permanent crossing location to avoid multiple crossing impacts on the same channel. For construction access, the crossing width
was minimized to the extent practicable while taking Duke Energy's road construction dimension and roadway slope requirements into account. Due to
the site topography and required size of the substation pad and wet pond, small unavoidable impacts to wetland WC are occurring. The substation and
pond were placed within the site to minimize impacts to the maximum extent practicable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project will utilize erosion and sediment control measures which will minimize sediment releases downstream. These measures will be inspected
and properly maintained throughout construction. Bare areas will be temporarily or permanently stabilized as the areas meet final grade. During
construction, a spill prevention, control, and countermeasures (SPCC) plan will be followed to ensure containment of hazardous chemicals. For example,
fuel storage containers will be placed in secondary containment. Any offsite fill material will be certified as contaminant free prior to use.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2c. If yes, mitigation is required by (check all that apply):
D W R Corps

2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
108
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4f. Non -riparian wetland mitigation requested
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
Additional stream mitigation is anticipated for overall site development. Private mitigation bank credits are not available within Catawba 02 HUC and
NCDMS letter of availability is attached including the full expected mitigation needs for the entire site. Stream mitigation required for this portion of the
project will be obtained on the appropriate timeline for this nationwide permit. Additional mitigation for the remainder of the project will be obtained at a
later date.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project is within the Catawba basin but not near the Catawba River.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management programs) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Hickory
Comments:
The City of Hickory is reviewing the stormwater management plan for the entire site. A wet pond (labeled BMP Wet Pond 3 on the stormwater plans) will be built during this early access
construction to capture and treat stormwater resulting from the substation pad development.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
a
O
3. Cumulative Impacts (DWR Requirement)

3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
This overall data center project will not result in additional nearby development. The CLT17 project is a key part of Microsoft's North Carolina Regional
Network Gateway and is aimed at providing additional cloud storage capacity to regions including and beyond the state of NC.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Dwarf flowered heartleaf habitat is present onsite, surveys were completed on 3/20/23 by Stantec and no individuals were found. NCNHP indicates no
known occurrences within one mile of the project. NCNHP and IPaC reports attached.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
https://www.habitat.noaa.gov/apps/efhmapper/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The Shuford -Hoover House (CT-0398) is located to the north along the Hickory Lincolnton Hwy and is listed on the NRHR The resource is not located
on an adjacent parcel and due to the depth of the wooded area between the dwelling and the project it is unlikely that the resource will be able to view
the proposed project. (HPOWeb 2.0 https://www.arcgis.com/apps/webappviewer/index.html?id=d2d04d8d7e03403f889419526e682529)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination? *
NC Flood Risk Information System https://fris.nc.gov/fris/Home.aspx?ST=NC
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
NWP39_attachments_Stover_North_CLT17_20230526_reduced.pdf 8.68MB
CLT17_Agent_Authorization.pdf 164.91 KB
File must be PDF or KMZ

Comments
Note that water and sewer are not required for access road and substation pad construction. However, they will be required as part of the overall site and will be covered within the future
Individual Permit.
Signature O
p By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Amber Coleman
Signature
*&C L. ci&A n,
Date
5/26/2023