20230767 Ver 1_NWP39_attachments_Stover_North_CLT17_20230526_reduced_20230526

Stantec Consulting Services Inc.
801 Jones Franklin Road,Suite 300
Sta ntec Raleigh NC 27606-3394
May 23, 2023
File: SAW-2022-02515
Krysta Stygar, Regulatory Project Manager
Charlotte Regulatory Field Office
US Army Corps of Engineers
8430 University Executive Park Drive
Suite 615
Charlotte, NC 28262
Dear Ms. Stygar,
Reference: AID: SAW-2022-02515 Stover North Datacenter(CLT17) NWP#39 PCN
The purpose of this letter is to submit a preconstruction notification for a Nationwide#39 for a substation
and access road as part of the Stover North Datacenter(CLT17) in Newton, NC.
The purpose of the overall CLT17 project is to provide additional cloud storage capacity in support of
Microsoft's North Carolina Regional Network Gateway (RNG). 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.
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.
Regards,
STANTEC CONSULTING SERVICES INC.
Amber Coleman >_ss,Pws
Senior Associate
Phone:[phone]
Nbbile:[phone]
[e-mail]
C. Sue Homewood, DWR
Design with community in mind

NWP 39
Stover North Data Center (CLT17)
Table of Contents
1 . DWR Prefile request
2. Parcel information
3. Figures (Vicinity / USGS Topoquad, Soils)
4. SAW-2022-02515 PJ D
5. Permit Drawings
6. Ecology Findings Letter
7. 1 PaC List
8. NCNHP Report
9. HPOWEB 2.0 Map
10. FEMA Map
11 . Agent Authorization (separate file)

1 . DWR Prefile Request

From: 401PreFile
To: Ruiz, Melissa
Subject: Automatic reply: [External]401/Buffer Pre-filing Meeting Request
Date: Wednesday,February 1,2023 9:40:32 AM
This email confirms receipt of your pre-filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre-filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non-Transportation Central Staff:
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non-Transportation Regional
Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deq.nc.gov/about/divisions/water-resources/water-resources- ep rmits/transportation-
perm itti ng/staff-contacts
Caution: This email originated from outside of Stantec. Please take extra precaution.
pr6cautions suppl6mentaires.
precauciones adicionales.

From: Ruiz,Melissa
To: 401PreFile(c ncdenr.aov
Subject: 401/Buffer Pre-filing Meeting Request
Date: Wednesday,February 1,2023 9:39:00 AM
4 individual Projects for Microsoft Corporation in Catawba
Please fill out the following information:
Project Name: Boyd Farm Data Center(CLT10)
County: Catawba County
Applicant Name: Microsoft Corporation, Chris Sander
Applicant Email: lexijones(@microsoft.com
Project Name: Stover Data Center(CLT17)
County: Catawba County
Applicant Name: Microsoft Corporation, Chris Sander
Applicant Email: lexiiones(@microsoft.com
Project Name: Lyle Creek Data Center(CLT04)
County: Catawba County
Applicant Name: Microsoft Corporation, Chris Sander
Applicant Email: lexijones(@microsoft.com
Project Name: Fuller RNG (CLT 40)
County: Catawba County
Applicant Name: Microsoft Corporation, Chris Sander
Applicant Email: lexijones(@microsoft.com
**Please note that multiple projects may be submitted within the same email by supplying all the above
information for each project.
***In the event your email is not allowing auto-responses, please save a copy of your sent email for your
records and if necessary use that copy in application/form submittal.

2. Parcel Information

Parcel Information -CLT17
Parcel ID Deed Book Page Number Owner Address Physical Address
361801196254 3781 0535 Microsoft Corporation 3820 Hickory Lincolnton
361801087291 3781 0535 One Microsoft Way Highway
361801187760* 3781 0535 Redmond,WA 98052 Newton, NC 28658
361801174011 3781 0535
361801372692* 3781 0506
parcels with NWP39 impacts

Catawba county Geospatial Real Estate Search
MAKING '.i""f Information Services
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This map/report product was prepared from the Catawba County,NC Geospatial Information Services. Catawba County has made substantial efforts
to ensure the accuracy of location and labeling information contained on this map or data on this report.Catawba County promotes and recommends
the independent verification of any data contained on this map/report product by the user.The County of Catawba,its employees,agents,and
personnel,disclaim,and shall not be held liable for any and all damages,loss or liability,whether direct,indirect or consequential which arises or may
arise from this map/report product or the use thereof by any person or entity.
Copyright 2023 Catawba County NC
03/20/2023

3. Figures
Figure 1 . Vicinity Map (USGS)
Figure 2. Soils Map

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O$�' 'gip\+►.0 m � \
IP-
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L 900s
♦ 4111, R
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♦ to
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i.
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m
m
\A\
2,000
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� Project Area Feet
(At original document size of 8.5x11)
24,000
E
® Stantec
Project Location Prepared by ECL on 2022-12-16
TR by MGS on 2022-12-21
_ Catawba County,North Carolina IR by BSS on 2022-12-21
Clienf/Project 203401901
Microsoft
Notes MS CLT17 Environmental Permitting
- 1.Coordinate System:NAD 1983 StatePlane North Carolina
FPS 3200 Feet Figure No.
2.Data Sources:Microsoft,NC Geodetic Survey
3.Topographic map©USGS 7.5 Minute Series Topographic
Map,Reepsville,NC Quadrangle,1973 Title
Project Location Map
a
Page 1.2
Disclaimer:This document has been prepared based on information provided by others as cited in the Notes section.Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors
or omissions which may be incorporated herein as a result.Stantec assumes no responsibility for data supplied in electronic format,and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.

Map Unit Description Pill
Symbol
CaB Cecil sandy loam,2 to 6 percent slopes '
CaC Cecil sandy loam,6 to 10 percent slopes
ChA Chewacla loam,0 to 2 percent slopes,frequently Flooded
LcB Lloyd loam,2 to 6 percent slopes
LcC Lloyd loam,6 to 10 percent slopes y~r �i+'> '•l
LcD Lloyd loam,10 to 15 percent slopes
LcE Lloyd loam,15 to 25 percent slopes
LdB2 Lloyd clay loam,2 to 6 percent slopes,moderately eroded
LdC2 Lloyd clay loam,6 to 10 percent slopes,moderately eroded 40�• _ _• LCB 1 f
PaE3 Pacolet clay loam,10 to 25 percent slopes,severely eroded 0� PaE3 1
LdC2
� LeE LcC LcE
1 f
� ♦ \ v /�ram.
CaB
Fes♦
ChA
♦ PCal V-
LdC�2 LfcD►
��♦ LcE LcB ;
LCB ; '
*,LdB2
r Old S�ate`RQ �, ; LdC2
♦ ♦ LCB
CaC 100�
S ♦ • LdC2
0
fgfi a
f
m
0 350 700 N
l-, Project Area Feet
SOIS (At original document size of 8.5x11)
8,400
E
® Stantec
Project Location Prepared by ECL on 2022-12-16
TR by MGS on 2022-12-21
_ Catawba County,North Carolina IR by BSS on 2022-12-21
ClienWroject 203401901
Microsoft
Notes MS CLT17 Environmental Permitting
- 1.Coordinate System:NAD 1983 StatePlane North
Carolina FPS 3200 Feet
2.Data Sources:ESRI,Microsoft,INC Geodetic Figure No.
Survey,and USDA NRCS SSURGO Soil Survey 2
3.Orthoimagery©INC OneMap,INC Center for Title
Geographic Information and Analysis,NC 911 Board Soils Map
v
Page 2.3
Disclaimer:This document has been prepared based on information provided by others as cited in the Notes section.Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors
or omissions which may be incorporated herein as a result.Stantec assumes no responsibility for data supplied in electronic format,and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.

4. SAW-2022-02515 PJ D

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-2022-02515 County:CatawbaU.S.G.S.Quad:NC-Reepsville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Microsoft Corporation
Aaron Bilyeu
Address: One Microsoft Way
Redmond,WA98052
Telephone Number: 888-725-1047
E-mail: aaron.bilyeu(&,microsoft.com
Size(acres) 158 Nearest Town Newton
Nearest Waterway South Fork Catawba River RiverBasin Santee
USGS HUC 03050102 Coordinates Latitude:35.619096
Longitude:-81.315780
Location description:Project is located at3820 Hickory Lincohiton Highway,near Newton,Catawba County,North Carolina.
PINW:361801174011,361801196254,361801372692,36180118776,3618010872910
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described projectarea/property,thatmay be subjectto Section 404 ofthe Clean Water
Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).The waters have been
delineated,and the delineation has beenverifiedby the Corps to be sufficiently accurate andreliable.The approximate boundaries
of these waters are shown on the enclosed delineation map dated 2/6/2023.Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process,including determining compensatory mitigation.Forpurposes of computation of
impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made onthe basis of a
preliminary JD will treat allwaters andwetlands thatwould be affected in anywayby the permitted activity onthe site as if they
are jurisdictional waters of the U.S.This preliminary determination is not an appealable action underthe Regulatory Program
Administrative Appeal Process(Reference 33 CFR Part 331).However,you mayrequest an approved JD,which is an appealable
action,by contacting the Corps district for further instruction.
❑ There appearto be waters onthe above described proj ect area/property,that may be subjectto Section 404 ofthe Clean Water
Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).However,since the waters
have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation,this preliminary determinationis merely an effective presumption of CWA/RHA
jurisdiction overall of the waters at the project area,which is not sufficiently accurate andreliable to support anenforceable
permit decision.We recommendthat you have the waters onyourprojectarea/propertydelineated.As the Corps may not be able
to accomplish this wetland delineationin a timely manner,you maywish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within theabove described project area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act(RHA)(33 USC§403)and Section 404 ofthe Clean WaterAct
(CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceedfive years from thedateof this notification.
❑ There are waterson the above describedproject area/property subjectto thepermit requirements of Section 404 ofthe Clean
Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination maybe
relied upon fora periodnotto exceedfiveyears from the date ofthis notification.
❑We recommend you have the waters on your project area/property delineated. As the Corps maynotbe able to accomplish
this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑The waters on yourproject area/property havebeen delineated and the delineation has been verified by the Corps.The
approximate boundaries of these waters are shown onthe enclosed delineation map datedDATE.We strongly suggest youhave
this delineation surveyed. Upon completion,this survey should be reviewed and verified bythe Corps. Once verified,this survey

SAW-2022-02515
will provide an accurate depiction of all areas subject to CWAj urisdiction on yourproperty which,provided there is no change in
the law or our published regulations,may be relied upon for a period not to exceed five years.
❑The waters have been delineated and surveyed and area ccurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE.Unless there is a change in the law or our published regulations,this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S.,to include wetlands,present on the above describedproject area/property which are subjeetto the
permit requirements of Section404 of the Clean WaterAct(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination maybe relied upon fora periodnotto exceed five years from the date ofthis notification.
❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act(LAMA).
You should contact the Division ofCoastal Management in Morehead City,NC,at(252)80 8-2 808 to determine their
requirements.
Pla cement of dredged or fill material within waters of the US,including wetlands,without a Department ofthe Army permit may
constitute a violation of Section301 of the C1eanWaterAct(33 USC§ 1311). Placementof dredged or fill material,construction or
pla cementof structures,orwork within navigable waters ofthe United States without a Department of the Armypermit may
constitute a violationof Sections 9 and/or 10 of the Rivers andHarbors Act(33 USC§401 and/or403).If you have any questions
regardingthis determination and/ortheCorps regulatory program,please contact Kr s1ynkaBStygarat252-545-0507or
kry sty nka.b.stygarkgsace.a rmy.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers,the project area exhibits criteria for waters of the U.S. as defined in 33
CFR 328,Regulatory Guidance Letter 05-05,the 1987 Wetland Delineation Manual,and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0: See the
preliminary.jurisdictional determination form dated 3/23/2023.
D. Remarks:See aquatic resources on map, "CLT 17-Data Center 02-06-2023"
E. Attention USDA Program Participants
This delineation/determinationhas beenconductedto identify the limits of Corps'Clean Water Act jurisdiction forthe particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information(This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination,you mayrequestan administrative appealunder Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification ofApp eal Process(NAP)fact sheet and Request for Appeal(RFA)form. Ifyou request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr.Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,FloorM9
Atlanta,Georgia 30303-8803
AND
PHILIP.A.SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,thatit meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form,it must be received at the above address byNot applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: /l Gbh/V
Date of JD:3/23/2023 ExpirationDate ofJD:Notapplicable

SAW-2022-02515
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Pp=l 36:4:0
Copy Furnished:
Property Owners:
Michael Wyant
3820 Hickory Lincolnton Highway
Newton,NC 28658
Michael.3y .antt gMrealty.com
Jeffery Wyant
2670 DaybreakerDrive
Park City,UT 84098
Gregory Wyant
4629 HertherRoad
Lincolnton,NC 28092
Whitener Family Trust
C/O Michael Whitener
PO Drawer2428
Hickory,NC 28603

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:Microsoft Corporation,AaronBilyeu File Number: SAW-2022-02515 Date:3/23/2023
Attached is: See Section below
INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
PROFFERED PERMIT(Standard Permit or Letter of permission) B
❑ PERMITDENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I- The following identifies yourrights and options regarding an administrative appeal of the above decision.
Additional informationmaybefoundatorhttl2://www.usace.army.mil/Missions/CivilWorks/Re 1,gu ato yProaramandPennits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appealthe permit,including its terms and conditions,and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit(Standard orLOP)because of certain terms and conditions therein,you may request
that the permit be modified accordingly.You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will
forfeit yourright to appealthe permit in the future. Upon receipt ofyourletter, the district engineer will evaluate your
objections and may:(a)modify the permit to address allof yourconcems,(b)modify the permit to address some of your
objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appealthe permit,including its terms and conditions,and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit underthe Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD(which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasons for appealingthe decision or yourobjections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum forthe
record of the appeal conference ormeeting,and any supplemental information that the review officerhas determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However,you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe If you only have questions regarding the appealprocess you may
appealprocess you may contact: also contact:
District Engineer,Wilmington Regulatory Division MR.PHILIP A.SHANNIN
Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office CESAD-PDS-O
U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9
8430 University Executive Park Drive,Suite 615 ATLANTA,GEORGIA 303 03-8803
Charlotte,North Carolina 28262
PHONE:[phone];FAX[phone]
EMAIL:PHILIP.A.SHANNIN(�,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided at 5-day
notice of any site investigation,and will have the opportunitv to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn:Krystynka B Stygar,8430 University Executive Park Drive,Suite
615,Charlotte,North Carolina 28262
For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative
Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 1OM15,Atlanta,Georgia 3 0303-8801
Phone:[phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01/04/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Microsoft Corporation, Aaron Bilyeu, One
Microsoft Way, Redmond, WA 98052
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stover Assemblage, SAW-
2022-02515
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 3820 Hickory
Lincolnton Highway, near Newton, Catawba County,North Carolina. PIN(s): 361801174011,361801196254,
361801372692, 36180118776,3618010872910
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County:Catawba City: Newton
Center coordinates of site (lat/long in degree decimal format):Latitude:35.619096 Longitude:-81.315780
Universal Transverse Mercator:
Name of nearestwaterbody:South Fork Catawba
River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑Office(Desk) Determination. Date:
❑X Field Determination. Date(s): February 6,2023
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE"SUBJECT TO
REGULATORY JURISDICTION
Site Number Latitude Longitude Estimated Type of aquatic Geographic
(decimal (decimal amountof resources(i.e.,wetland authority to
degrees) degrees) aquatic vs. non-wetland waters) which the
resources in aquatic resource
reviewarea "may be"subject
(acreage and (i.e.,Section 404
linear feet,if or Section
applicable 10/404)
WA 35.6220200 -81.3160470 0.032 acres Wetland Section 404
W B 35.618466 -81.310969 0.104 acres Wetland Section 404
WC 35.618466 -81.310969 0.01 acres Wetland Section 404
SA 35.6220680 -81.315735 266 LF Non-wetland waters Section 404
SB 35.622760 -81.314807 971 LF Non-wetland waters Section 404
Sc 35.620950 -81.320451 162 LF Non-wetland waters Section 404
SD 35.618555 -81.311957 1625 LF Non-wetland waters Section 404
SE 35.618896 -81.309718 27 LF Non-wetland waters Section 404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD(AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit,or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non-reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD,which does not make an official determination of
jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3)the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary;(5)
undertaking any activity in reliance upon the subjectpermit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative orjudicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and(7)whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit(and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area,the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)Checked items are included in the administrative
record and are appropriately cited:
®Maps,plans,plots or plat submitted by or on behalf of the PJD requestor:
Map:
©Data sheets prepared/submitted by or on behalf of the PJD requestor.Datasheets:
©Office concurs with data sheets/delineation report.
❑Office does not concurwith data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑X U.S. Geological Survey Hydrologic Atlas:
©USGS NHD data:
©USGS 8 and 12 digit HUC maps:
©U.S. Geological Survey map(s).Cite scale&quad name:
©Natural Resources Conservation Service Soil Survey. Citation:
®Nationa I wetlands inventory map(s). Cite name:
❑State/local wetland inventory map(s):
®FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date):
or ® Other(Name&Date):
❑Previous determination(s). File no. and date of response letter:
❑Other information(please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtainingthe signature is
3/23/2023 impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms.If the requester does not respondwithin the established
time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

F Ivor— 6, /
' ♦ ,
1101
a _
41
i -
r
I• Y
Legend
PotentialJurisdictionalWetland Wetland WA 0.032 ac
Wetland WB 0.104104 ac o soo 1,OOFeet Stantec
Proje c t Stud y Are a
Wetland WC 0.01 ac At original document size of11x17)
Po to n tia 1 Ju rind is do n a 1 Stre a m s-Pe re nn is 1 1:6,372
Stream SA 256 If
Project Location Prepared by GRG on 2023-02-06
Stream SIB971 If N Catawba County,NC TR by ALC on 2023-03-22
Stream SC 162 If IR Review by MMR on 2023-03-22
ClenlPro
Stream SD 1625 If M CrOS 203401901 RE
Oft t VA
Stream SE 127 If CLT17 Data Center
Preliminary Jurisdictional Determination
Figure No.
1
Notes Title
1.Coordinate System:NAD 1983 StatePlane North Carolina FIPS 3200 Feet Potential Jurisdictional Waters
2.Data Sources:WK Dickson,Stantec
3.Background:Source:Esri,Mazar,Earthstar Geographics,and the GIS User Community
/ Disclaimer:This document has been prepared based on information provided by others as cited in the Notes section.Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result.Stantec assumes no responsibility for data supplied in electronic format,and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.

5. Permit Drawings

SITE DATA: / // /\ /�/\ J / \ \ ✓/�\\ 1111��
PERMANENT IMPACTS TEMPORARY IMPACTS
TOTAL LAND AREA ±160 ACRES / 1 � /!�// J I � � I I I I I \ lll
IMPACT# STREAM STREAM
TOTAL LAND DISTURBED ±26 ACRES \� / �r� / I I I I I l J // II 11 Jlll
I III I I �J
�APPROXIMATE WETLANDS ±0.14 ACRES LF ACRES LF ACRES
\ \ \ i\ � �/ // � / II I
APPROXIMATE STREAM ±0.40 ACRES(3,051LF) 1\ I \�\ / \ _ / IIIIIIII w IIII��/ SD4 10± 0.002±
JURISDICTIONAL IMPACTS
l11IJ IIl i SD5 108± 0.020±oTEMPORAR �IIIIII
APPROXIMATE STREAM ±0.002 ACRES(10LF±) � SD6 30+ 0.006+
APPROXIMATE WETLAND ±0.0007 ACRES
1 I I l✓ II I /(\ TOTAL 138± 0.026± 10± 0.002±
,III PERMANENT
= 1
J APPROXIMATE STREAM ±0.026 ACRES(1381-1
APPROXIMATE WETLAND ±0.04 ACRES
\ \ JURISDICTIONAL IMPACTS
\ PERMANENT IMPACTS TEMPORARY IMPACTS
/
IMPACT# WETLAND WETLAND
SF AC SF AC
wC1 162± 0.0037±
WC2 30± 0.0007±
TOTAL 162± 0.0037± 30± 0.0007±
/
LEGEND
STREAM APPROXIMATE WETLAND LIMITS
APPROXIMATE STREAM LIMITS
PROPOSED PERMANENT WETLAND IMPACT
1 I if)
WET-AND WC PROPOSED PERMANENT STREAM IMPACT
PROPOSED TEMPORARY WETLAND IMPACT
\ \ \ \ \ _ _ — I I I I II�I�II PROPOSED TEMPORARY STREAM IMPACT
STR\MSD —LOD— LIMITS OF DISTURBANCE
CAMPUS BOUNDARY
DIRECTION OF FLOW
SUBSTATION
PAD = 910.0 /
— 1 I I / \ \\\\\\\\\� / PROPOSED STORM DRAIN PIPE
\ _ \ jI
I II — \o \fie\ . I -✓~ 1
PROPOSED RIP RAP OUTLET
I \
NOTES
1. COORDINATE SYSTEM NAD 1983 NORTH
CAROLINA STATE PLANE.
\ ^ \ \1,�\ 2. SURVEY AND TOPOGRAPHY DATA
\\\v
o \\ \ \\\ \ \j � — — \ ( /\ � �� PROVIDED BY COLLIERS ENGINEERING&
DESIGN.
i/
N SCALE IN FEET
/ \ I \1 1\ r \ 0 300 600
WK\ 0 0 NEWTON,I ORTHOFT CAROLINA
P ° DICKSON
communityInfrastructure consultants CLTI7DATACENTER
IMPACTS MAP
a / \ DRAWN BY: SHS CHECKED BY: MSS APPROVED BY: SWW EXHIBIT:
LL DATE: MAY 2023 1 DWG SCALE: AS NOTED PROJECT NO: 20230067.00.CL EXHIBIT 1

SITE DATA: �
TOTAL LAND AREA ±160 ACRES i J/ // //� TEMPORARY ETLAN WC MPACT WC2 / / � I PERMANENT IMPACTS TEMPORARY IMPACTS
TOTAL LAND DISTURBED ±26 ACRES // / / / / / / / / / / / / / �� IMPACT# STREAM STREAM
APPROXIMATE WETLANDS ±0.14 ACRES / / / / / / / / / / // LF ACRES LF ACRES
APPROXIMATE STREAM ±0.40 ACRES(3,051 LF) cb�
SD4 10± 0.002±
JURISDICTIONAL IMPACTS —
/TEMPORARY SD5 108± 0.020±
�/ / / / / � � / / // // / / 1 1
APPROXIMATE STREAM ±0.002 ACRES(10LF±) / / / / / / / / / / / / // / / / / C f ��� — — — ( SD6 30± 0.006±
APPROXIMATE WETLAND ±0.0007 ACRES — /
TOTAL r 138± 0.026± 10± 0.002±
PERMANENT
APPROXIMATE STREAM ±0.026 ACRES(138LF±)
PERMANENT IMPACT SD6
a APPROXIMATE WETLAND ±0.04 ACRES / STREAM SD (RIP RAP) / / / // / / // / / / / — -
/ / / // JURISDICTIONAL IMPACTS
±30 LF (±240 SF)
PERMANENT IMPACTS TEMPORARY IMPACTS
fps / / // // / / /// / — / ` �p0 \O — IMPACT# WETLAND WETLAND
��� /// O SF AC SF AC
/ // / ' //�llpp/// / //// / �j ( / ��� cb WC1 162± 0.0037±
PERMANENT IMPACT WC1 WC2 30± 0.0007±
J% WETLAND W °
/ C cb�b TOTAL 162± 0.0037± 30± 0.0007±
/ / _ / / �/ /// kcj0 �� — // ^ ` ±0 0037 AC (±162 SF)
PERMANENT IMPACT S135 �� ��° LEGEND
/ O STREAM SD (CULVERT)
a
±108 LF ±864 SF / / APPROXIMATE WETLAND LIMITS
10
/ / SEE EXHIBIT 3 FOR i APPROXIMATE STREAM LIMITS
/`foa PROFILE ' i PROPOSED PERMANENT WETLAND IMPACT
p01
N / I / / / / / /Q G / — ; / PROPOSED PERMANENT STREAM IMPACT
N / /� 119
9 //� /QX�Q�// j/ o� SUBSTATION
PROPOSED TEMPORARY WETLAND IMPACT
ACCESS ROAD� / \
WETLAND WB / / / / / i' / i' ' / — / PROPOSED TEMPORARY STREAM IMPACT
/ NO IMPACTS
/
LIMITS OF DISTURBANCE
Z / / I ,// _ i ° d0 \ CAMPUS BOUNDARY
I
— ' \o DIRECTION OF FLOW
/ / // ° / 0 PROPOSED STORM DRAIN PIPE
/// / // 1 � /�/i/, / i - - - - - — - - 0 \ PROPOSED RIP RAP OUTLET
/ / /ice J/ . TEMPORARY IMPACT SD4 o / — — — \ o /
/ STREAM SD
j ±10LF (±80 SF)
' — _
NOTES
COORDINATE
1 SYSTEM CAROLIINA STA EPLANE. 1983 NORTH
—_ - -_— — / / _ _ / - - - - — — — SUBSTATION
_
s — — — — — — // — — / — — — — // �� �� \ PAD = 910.0' ° ° 2. SURVEY AND TOPOGRAPHY DATA
j// i i — �� \ o PROVIDED BY COLLIERS ENGINEERING&
DESIGN.
- - - — - - �i — - - - - - \ ��•. + SCALE IN FEET
WKMICROSOFT
NEWTON, NORTH CAROLINA
- - - � DICKSON
CLT17 DATA CENTER
N — — community infrastructure consultants IMPACTS MAP
_ . - - -
wDRAWN BY: SHS CHECKED BY: MSS APPROVED BY: SWW EXHIBIT:
/ DATE: MAY 2023 1 DWG SCALE: AS NOTED I PROJECT NO: 20230067.00.CL EXHIBIT 2
LL

0
900 —— - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
895 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 895
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
w EXISTING GRADE
I> 890 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 890
CULVERTS
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
—HW#S-27
PROPOSED GRADE
INV.:872.89
M . . . . . . . . . . . . . . . . . . . .
885 —— - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 885
<
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . PERMANENT . . . . . . . . . .
IMPACT SD5
880 —— - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — * . . . . . . . . . . . . . . -- 880
0 CULVERTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
z . . . . . . . . . . . . . . . . . . HW#S-13
INV.:869.82
875 . . . . . . . .
. . . . . 94 Liz . . . . . . . . . . . . . . . . INV.:869.38 875
1? 6 "RCP PERMANENT
3-70 5 ,, . . . . . . . . . . . IMPACT SD6
870 —— - - - - - - - - - - - - - - - - - - 870. . . . . . . . . . . . . . . . . . . . . .TEMP RARY
z IMPACT SD4
< ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
865 865
0+50 0+00 0+50 1+00 1+50 2+00
PERMANENT IMPACT SD5
SCALE: HOR 1"=50'; VERT 1"=10'
SCALE IN FEET
0 50 100
MICROSOFT
\A1K
z
< F D I C KSO N NEWTON, NORTH CAROLINA
0
2 CLT1 7 DATA CENTER
N
community infrastructure consultants IMPACTS MAP
< DRAWN BY: SHS CHECKED BY: MSS APPROVED BY: SWW EXHIBIT
DATE: MAY 2023 1 DWG SCALE: AS NOTED PROJECT NO: 20230067.00.CLI EXHIBIT 3 1

6. Ecology Findings Letter

Stantec Consulting Services Inc.
521 East Ivbrehead Street,Suite 425
Stantec Charlotte NC 28202-2695
March 30, 2023
LexiJones
Microsoft Corporation
RE: Protected Species Evaluation of CLT17-Stover Site
Newton, Catawba County, NC
Dear Mrs. Jones:
Stantec has been contracted by Microsoft to evaluate the Stover Site (CLT17)for the current extents of
jurisdictional waters and potential presence of protected species. Stantec reviewed the existing natural
resource investigations completed by WK Dickson in June 2022. On December 1, 2022, and March 20,
2023, Stantec biologists visited the site to assess wetlands and waters of the US, vegetative communities,
and threatened and endangered species habitat. A survey for dwarf-flowered Heartleaf(Hexastylis
naniflora)was conducted but no specimens were found. Updates to federally protected species as of March
30, 2023, are summarized below and generally include the proposed listing of tricolored bat and the
absence of dwarf-flowered heartleaf.
Rare species are protected by the Endangered Species Act and the Bald and Golden Eagle Protection Act
administered by the United States Fish and Wildlife Service (USFWS). WK Dickson evaluated the site for
the potential presence of protected species habitat in June 2022. Stantec reviewed their findings and
obtained up-to-date listing and occurrence information from USFWS and NC Natural Heritage Program
(NCNHP). Stantec performed a site visit on March 20, 2023, to assess current site conditions and evaluate
potential habitat for the dwarf-flowered heartleaf. The USFWS Information for Planning and Consultation
(IPaC) has detailed the potentially occurring species for the project area in Catawba County, NC (Table 1).
The NCNHP January 2023 Q4 Element Occurrence dataset does not show any known occurrences of
federally protected species within one mile of the project.
Table 1. Potentially ccurring T&E Species within Catawba Count USFWS IPaC 03/31/2023
Common Name Scientific Name Federal Status* Habitat Biological Conclusion
Tri-colored bat Perimyotis PE Yes Unresolved
subflavus
Bog Turtle Glyptemys T-SA Marginal Not Required
muhlenber ii
Monarch Butterfly Danaus C No No Effect
p/exippus
Dwarf-flowered Hexastylis T Yes No Effect
Heartleaf naniflora
Bald Eagle Haliaeetus BGPA No No Effect
leucocephalus
*PE= Proposed Endangered; T-SA=Threatened due to similar appearance; C= Concerned; T= Threatened;
BGPA= Bald and Golden Eagle Protection Act
Design with community in mind

Nbrch 30,2023
Lexi Jones
Page 2 of2
Reference: Protected Species Evaluation and Update
A variety of vegetative communities are present onsite with most of the site being pasture with some
forested areas. A maintained transmission line bisects the property from the northwest to the southeast.
Wetlands onsite are relatively small and occur adjacent to the unnamed tributaries to South Fork Catawba
River. They are woody wetlands that have experienced severe disturbance due to livestock impacts. The
more mature forested areas onsite are typical Oak-Hickory uplands with areas of maintained pine forest.
The tri-colored bat has been proposed as Endangered and is expected to be officially listed in fall 2023.
Roosting habitat is present across the site in the form of forested areas. Acoustic surveys are scheduled in
2023 for this species and further analysis and recommendations will be provided at that time.
During field evaluation in December 2022, one area of suitable dwarf flowered heartleaf habitat was found.
No individual Hexastylis sp. plants were found. On March 20, 2023, Stantec biologists surveyed this
potential habitat during the approved survey window(March - May)and no specimens were found. Due to
no individuals being located it has been determined that this project will not affect this species.
During field evaluation on December 1, 2022, marginal bog turtle habitat was found in wetland WB and WC.
USFWS has confirmed that surveys are not required. Since bog turtle is listed due to similarity of
appearance to the northern bog turtle no further action is required.
Monarch butterfly is listed as a candidate species and is not yet listed on the endangered species list. No
further action is required. Additionally, during field evaluation in December 2022, no suitable habitat
including milkweed was observed as the open areas of the site are actively mowed.
Additionally, no water bodies large enough or sufficiently open to be considered potential feeding sources
for bald eagle were identified. Due to lack of habitat and known occurrences it has been determined that
this project will not affect this species.
Stantec is appreciative of the opportunity to provide natural resource services to our client. Please
don't hesitate to contact Melissa Ruiz ([e-mail]/919-649-0545) if you have any questions
or concerns.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Mel' sa Ruiz Principal
En 'onmental Scientist
Phone:[phone]
[e-mail]
[e-mail]
Design with community in mind

7. 1 PaC List

IPaC U.S. Fish &Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering additional site-
specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section. \ t
Location
Catawba County, North Carolina
10
r
r
Local office
Asheville Ecological Services Field Office
t. [phone]
1B [phone]
160 Zillicoa Street
Asheville, NC 28801-1082

Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the
species range if the species could be indirectly affected by activities in that area (e.g., placing a dam
upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the
species by reducing or eliminating water flow downstream). Because species can move, and site
conditions can change, the species on this list are not guaranteed to be found on or near the project
area. To f0ly rjetermine any potential effects to species, additional site-specific and project-specific
information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area of
such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal
agency. A letter from the local office and a species list which fulfills this requirement can only be
obtained by requesting an official species list from either the Regulatory Review section in IPaC (see
directions below) or from the local field office directly_
For project evaluations that require USFWS concurrence/review, please return to the IPaC website and
request an official species list by doing the following:
1 . Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species! and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries-').
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list.
Please contact NOAA Fisheries for species under their jurisdiction.
1 . Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals

NAM E STATUS
Tricolored Bat Perimyotis subflavus Proposed Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Reptiles
NAM E STATUS
Bog Turtle Glyptemys muhlenbergii SAT
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6962
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Dwarf-flowered Heartleaf Hexastylis naniflora Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2458
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
There are no critical habitats at this location.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Acts.

Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1 . The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gQv//program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter
your location, desired date range and a species on your list). For projects that occur off the Atlantic
Coast, additional maps and models detailing the relative occurrence and abundance of bird species on
your list are available. Links to additional information about Atlantic Coast birds, and other important
information about your migratory bird list, including how to properly interpret and use your migratory
bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME BREEDING SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC)throughout its range in the
continental USA and Alaska.

Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project activities
to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this
report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A
taller bar indicates a higher probability of species presence. The survey effort (see below) can be used
to establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps,
1 . The probability of presence for each week is calculated as the number of survey events in the week
where the species was detected divided by the total number of survey events for that week. For-
example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of
them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence is
calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week
of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is
expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe

Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Chimney Swift
BCC Rangewide 1111 10■■ ■tii 6—di 1116 -- - - - . . . - . . . . -
(CON)
Rusty Blackbird i +— --
BCC-BCR
Wood Thrush i r
BCC Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur in
the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding
their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be
advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present
on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKIN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the Rapid Avian Information Locator(RAIL)Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in
my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network(AKN). This data is derived from a growing collection of survey, banding, and citizen science
datasets.
Probability of presence data is continuously being updated as new and better information becomes available. To learn
more about how the probability of presence graphs are produced and how to interpret them, go the Probability of
Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at
the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a
breeding season associated with it, if that bird does occur in your project area, there may be nests present at some
point within the timeframe specified. If"Breeds elsewhere" is indicated, then the bird likely does not breed in your
project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their range
anywhere within the USA(including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or(for non-eagles) potential susceptibilities in offshore areas from certain
types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid
and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more
information on conservation measures you can implement to help avoid and minimize migratory bird impacts and
requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of bird
species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also
offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including
migration. Models relying on survey data may not include this information. For additional information on marine bird
tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a perrnit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern.
To learn more about how your list is generated, and see options for identifying what other birds may be in your project
area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified
location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that
overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey
effort(indicated by the black vertical bar) and for the existence of the "no data" indicator(a red horizontal bar).A high
survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as
more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of

certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of
concern have the potential to be in your project area, when they might be there, and if they might be breeding(which
means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in
knowing when to implement conservation measures to avoid or minimize potential impacts from your project
activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about
conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your
migratory bird trust resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
i
There are no refuge lands at this location.
k
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory ( NWI )
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of
the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers
District.
Please note that the NWI data being shown may be out of date. We are currently working to update our
NWI data set. We recommend you verify these results with a site visit to determine the actual extent of
wetlands on site.
This location overlaps the following wetlands:
RIVERINE
R4SBC
A full description for each wetland code can be found at the National Wetlands Inventory website

NOTE: This initial screening does not replace an on-site delineation to determine whether wetlands
occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use
of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the
amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata
should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and the
actual conditions on site. -4
Data exclusions do,(
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery
as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic
vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some
deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These
habitats, because of their depth, go undetected by aerial imagery.
Data precautions 01W
C)v
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory.There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.

8. NCNHP Report

Roy Cooper,Governor
■`00■
n ■ NC DEPARTMENT OF D.Reid Wilson,Secretary
■■ ■i NATURAL AND CULTURAL RESOURCES
■ own Misty Buchanan
Deputy Director,Natural Heritage Program
NCNHDE-22051
May 24, 2023
Amber Coleman
Stantec
801 Jones Franklin Road
Raleigh, NC 27606
RE: Stover North Data Center (CLT17)
Dear Amber Coleman:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.ciov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butler(a)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
UcOARI MEN i QF NAiURAL ANU LULTURAL kLSiQokLES
Q 121 W JONES STREET,RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699
® OFC 919 707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Stover North Data Center (CLT17)
May 24, 2023
NCNHDE-22051
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Na Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Freshwater Fish32501 Etheostoma Seagreen Darter 2007-09-26 E 3-Medium --- Special G4 S3
thalassinum Concern
Mayfly 1837 Homoeoneuria Cahaba Sand-filtering 1992-08-17 H? 3-Medium --- Significantly G3 S2
cahabensis Mayfly Rare
Vascular Plant 27704 Berberis canadensis American Barberry 2009-Pre E 4-Low --- Special G3G4 S2
Concern
Vulnerable
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
CTB/Henry Fork-Jacob Fork Aquatic Habitat R1 (Exceptional) C4 (Moderate)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name wner Owner Type do
Catawba County Open Space Catawba County Local Government
Catawba County Open Space Catawba County Local Government
City of Newton - Jacob Fork Park City of Newton Local Government
NC Land and Water Fund Project NC DNCR, NC Land and Water Fund State
Catawba Lands Conservancy Easement Catawba Lands Conservancy Private
Catawba Lands Conservancy Easement Catawba Lands Conservancy Private
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.orq/help. Data query generated on May 24,2023;source: NCNHP,Spring (April)2023. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

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Page 3 of 3

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