20230684 Ver 1_Public Notice_20230526

ImPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 26, 2023
Comment Deadline: June 26, 2023
Corps Action ID Number: SAW-2023-00665
The Wilmington District, Corps of Engineers (Corps) received an application on May 15,
2023 from Microsoft Corporation (Microsoft) seeking Department of the Army
authorization to permanently impact 686 Linear Feet (LF) of stream channel, (82 LF
would be associated with riprap dissipator pads) associated and temporarily impact to
258 LF of stream channel associated with the construction of Boyd Farm Data Center-
CLT 10 (Site) located near Maiden, in Catawba County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
httos://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Chris Sander
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
AGENT (if applicable): Amber Forestier
Stantec Consulting Services, Inc.
801 Jones Franklin Road
Raleigh, NC 27606
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
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Location
Figure 1. Location of Boyd Farm Data Center
Location Description: The 294.73-acre Site is located on five (5) parcels northwest of
the intersection of Zeb Haynes Road and W. Maiden Road, in Maiden, Catawba
County, North Carolina. (Parcel Tax ID: 363707678981, 363707699340,
363708992517,363711569552 and 363819608696).
Project Area (acres): 294.73
Nearest Town: Maiden
Nearest Waterway: Clark Creek
River Basin: Santee HUC: 03050102
Latitude and Longitude: 35.589794 N,-81.235323 W
Existing Site Conditions
The northern portion of the Site consists of historic agricultural fields, with wooded areas
along the Clark Stream corridor. Over the last 10-years these agricultural fields have
reforested into a pine plantation. The eastern portion of the Site has been recently
cleared for agricultural fields. The area around Old Maiden Road in the southern portion
of the Site has been maintained as an open field for the last 30-years. Figures 2 and 3
demonstrate the existing conditions of the site.
A Best Usage Classification (BUC) is assigned to waters of North Carolina based on the
existing or contemplated best usage of various bodies of water. A jurisdictional
determination (JD) was submitted on January 24, 2023, by Stantec Consulting Services,
Inc. and field verified by the Corps on February 2, 2023. A preliminary JD was issued on
March 30, 2023, identifying 8,828 LF of potentially jurisdictional stream channel on -site.
The streams on -site have BUC of C. The supplemental classification C designates
aquatic lift, secondary recreation, and fresh water. The supplemental classification NSW
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designates Nutrient Sensitive Waters which require limitations on nutrient inputs.
Further, these on -site streams were rated as medium using the North Carolina Stream
Assessment Method (NCSAM).
The Site is characterized by several unique soil map units including, Lloyd Loam
Complexes, Buncombe Loamy Sand, Conagree Loam, Chewacla Loams, Dorian fine
sandy loam, Madison -Bethlehem Complexes, Pacolet Soils, and Roanoke loams.
Figure 2. Existing Site Conditions
OU
J
Figure 3. USGS Topographic Map
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Applicant's Stated Purpose
The basic purpose of the project is to provide additional cloud storage capacity in
support of Microsoft's North Carolina Regional Network Gateway (RNG). The overall
purpose of the project is to construct a data center that would provide additional cloud
storage capacity for Microsoft's North Carolina 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, all of which are
connected through fiber optic lines.
Project Description
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The applicant is proposing to construct five (5) single -story data center buildings along
with associated infrastructure and amenities. The proposed project would provide 488
Megawatts (MW) of data storage and would include five 48-(MW) data center buildings
with parking, access roads, a pad site for one (1) Duke Energy substation, security
entrances and features, installation and/or relocation of utilities, and stormwater
management treatment facilities. Implementation of the proposed project would
permanently impact 686 LF of stream channel and temporarily impacts 258 LF of
stream channel.
Figure 4. Boyd Farm Data Center- CLT 10 Design Drawing
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Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: As detailed in the plans and alternatives
analysis, the selected alternative has avoided and minimized impacts to waters of the
U.S. to the maximum extent practicable by proposing road alignments that have
reduced stream impacts by 1,114 LF. The building alignment, size, and sizes of the
substation pond have been reduced to the greatest extent possible. The development
has been restricted to only 80 acres of the 294.73-acre site, thereby avoiding impacts to
8,142 LF of stream channel, the majority of the 100-year floodplain and preserving open
space.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant has chosen to purchase 1,208
stream mitigation units from the North Carolina Division of Mitigation Services (DMS) In -
Lieu Fee Program to offset the unavoidable impacts to 686 LF of stream.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
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Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
® The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
® By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
complete. According to the Information for Planning and Consultation (IPAC)
website, the following species are listed: Bog Turtle (Glytempys muhlengergii) ,
Dwarf -Flowered Heartleaf (Hexastylis Naniflora), Tri-Colored Bat (perimyotis
subflavus)
The NCNHP January 2023 Q4 Element Occurrence dataset shows an
occurrence of tricolored bat in the Pinch Gut Creek Culvert under W. Maiden
Road approximately 0.25 miles southeast of the project. Acoustic surveys are
scheduled to occur at the end of May 2023 for this species.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
® The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for a 401 Certification should do so, in
writing, by to:
1►[a]DITA:Z�l'F1[a]i=-
Attention: Ms. Stephanie Goss, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
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Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
® Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
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Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, June 26, 2023. Comments should be
submitted to Ms. Krystynka Stygar, Charlotte Regulatory Field Office, 8430 University
Executive Park Drive, Suite 615, Charlotte, North Carolina 28262 by email at
krystynka.b.stygar(a usace.army. miI , or by phone at [phone]
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