20230684 Ver 1_Public Notice Comments_20230623

DocuSign Envelope ID: E8133776-7E2D-40F1-B9B6-lEDF4B695449
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 23, 2023
Corps Action ID# SAW-2023-00665
DWR# 20230684
Catawba County
Krysta Stygar
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
Delivered via email to: [e-mail]
Subject Project: Boyd Farm Data Center
Dear Ms. Stygar:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
project:
1. The applicant has provided site selection criteria that appear to be tied to cost and statutory
incentives. The Division requests that the USACE evaluate whether the siting criteria of cost and
economic development incentives is appropriate to be included as LEDPA site alternative
criteria.
The applicant states that 2-story buildings are not feasible due to the proposed construction
schedule. The Division requests that the USACE evaluate whether the applicants preferred
construction schedule is appropriate to be included as LEDPA on -site alternative criteria.
The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
.0506 at this time. The Division has requested additional technical information from the
applicant. The Division requests that the USACE also consider the items requested in the
attached letter during the review of the application.
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-813-1863 or [e-mail].
Sincerely,
ESDocuSigned by:
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980C5097D80E4E9_
Stephanie Goss, Supervisor
401 & Buffer Permitting Unit
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINq
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DocuSign Envelope ID: E8133776-7E2D-40F1-B9B6-1EDF4B695449
Boyd Farm Data Center
Corps Action ID# SAW-2023-00665
Electronic cc: Amber Forestier, Stantec Consulting Services Inc.
Olivia Munzer, NCWRC
DWR MRO
DWR 401 & Buffer Permitting Branch file
DWR# 20230684
Page 2of2
Filename: 20230684_Boyd Farm Data Center_Catawba_PN Comments to USACE.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINq
nw.�mm�.n—wq�si� r 919.707.9000

DocuSign Envelope ID: E8133776-7E2D-40F1-B9B6-lEDF4B695449
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 23, 2023
DWR# 20230684
Catawba County
Microsoft Corporation
Attn: Mr. Chris Sander
One Microsoft Way
Redmond WA 98052
Delivered via email to: [e-mail] / [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Boyd Farm Data Center
Corps Action ID# SAW- SAW-2023-00665
Dear Mr. Sander:
On May 16, 2023, the Division of Water Resources (Division) received your application requesting a 401
Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
If the USACE requests a response to any comments received as a result of the Public Notice,
please provide the Division with a copy of your response to the USACE to ensure we have all
relevant information to complete our review in accordance with 15A NCAC 02H .0506(b).
2. The Division appreciates the applicant's efforts to provide evaluations of multiple on -site
alternatives to document avoidance and minimization of impacts. In order to complete the
Division's avoidance and minimization evaluation, please indicate the proposed width of the
roads at the stream crossing locations (i.e. how many lanes, how wide per lane, etc). In
addition, please specify the proposed road side slopes and provide a discussion regarding the
feasibility of reducing slopes and/or using retaining walls to further minimize stream impacts
at both crossing locations.
3. It appears that the culvert design at Impact SC4 may cause over widening and shallowing of
the stream flow. The Division's criteria for multiple barrel culverts is stated below. Please
provide design plans that will meet this criteria.
"Culverts shall be designed and installed in such a manner that the original stream
profiles are not altered and allow for aquatic life movement during low flows. The
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: E8133776-7E2D-40F1-B9B6-1EDF4B695449
Boyd Farm Data Center
DWR# 20230684
Request for Additional Information
Page 2 of 3
dimension, pattern, and profile of the stream above and below a pipe or culvert
shall not be modified by widening the stream channel or by reducing the depth of
the stream in connection with the construction activity. The width, height, and
gradient of a proposed culvert shall be such as to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the
culvert is wider than the stream channel, the culvertshall include multiple
boxes/pipes, baffles, benches and/or sills to maintain the natural width of the
stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or
scour hole and designed to provide for aquatic passage, then culvert burial into the
streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock."
4. The riprap apron at impact SC5 appears to be significantly wider than the existing stream
channel. This impact has been proposed as "no loss of water", however it is unclear how the
stream pattern and dimensions are proposed to be maintained within the riprap apron.
Please either modify the impact table to account for these impacts as a permanent loss of
stream, or provide clear plans and details that show how the stream pattern will be provided
within the proposed apron. Please note that the response to this item may require submittal
of an updated mitigation acceptance letter from the Division of Mitigation Services.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
gaparNrM of Emironmanfal quay

DocuSign Envelope ID: E8133776-7E2D-40F1-B9B6-1EDF4B695449
Boyd Farm Data Center
DWR# 20230684
Request for Additional Information
Page 3 of 3
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Sincerely,
ISDocuSigned by:
ft fG loss
980C5097D80E4E9...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Amber Forestier, Stantec Consulting Services Inc.
Krysta Stygar, USACE Charlotte Regulatory Field Office
Olivia Munzer, WRC
DWR 401 & Buffer Permitting Branch file
Filename: 20230684 Boyd Data Center - Catawba - addinfo.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly