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HomeMy WebLinkAbout20230684 Ver 1_More Info Requested_20230623DocuSign 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: chsander@microsoft.com / lexijones@microsoft.com 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 Sue.Homewood@deg.nc.gov 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