HomeMy WebLinkAbout20230712 Ver 1_Public Notice_20230601ImPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: June 1, 2023
Comment Deadline: July 1, 2023
Corps Action ID Number: SAW-2023-00898
The Wilmington District, Corps of Engineers (Corps) received an application on May 18,
2023, from Microsoft Corporation (Microsoft) seeking Department of the Army
Authorization to permanently impact 889 linear feet (LF) of stream channel and 0.08
acre of wetland, permanently convert 0.19 acre of wetland, and temporarily impact 285
LF of stream channel, in conjunction with the construction of the Lyle Creek Data
Center-CLT 04(Site), in Conover, 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:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Microsoft Corporation
Mr. Chris Sander
One Microsoft Way
Redmond, WA 98052
AGENT (if applicable): Stantec Consulting Services, Inc
Mr. Spencer Davis
801 Jones Franklin Road Suite 300
Raleigh, NC 27606-3394
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 Lyle Creek Data Center
Location Description: The 220.19-acre site is located on seven (7) parcels to the
northwest of intersection of NC Highway 16 and Northern Drive NW. in Conover,
Catawba County, North Carolina. (Parcel Tax ID: 3742087988002, 374208890323,
374206495558,374207680515).
Project Area (acres): 220.19
Nearest Town: Conover
Nearest Waterway: Lyle Creek
River Basin: 03050101
Latitude and Longitude: 35.731135 N,-81.205389 W
Existing Site Conditions
The Site is characterized by active agricultural fields, forested areas, and a past
commercial development (figure 2). The areas that have been developed did not require
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Department of the Army permit authorization and were constructed in uplands. The
commercial development area currently only has infrastructure and concrete pads
present.
A Best Usage Classification (BUC) is assigned to waters of North Carolina based on
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
April 27, 2023, identifying 10,838 LF of potentially jurisdictional stream channels, and
2.555 acres of wetlands.
The streams on -site have a BUC of C. The supplemental classification C designates
aquatic lift, secondary recreation, and fresh water. The supplemental classification NSW
designates Nutrient Sensitive Waters which require limitations on nutrient inputs.
Further, these on -site streams were rated as medium/High using the North Carolina
Stream Assessment Method (NCSAM), with one stream characterized as low.
The Site is characterized by several unique soil map units including, Dan River Loam,
Fairview Clay Loam, Poplar Forest-Udorthents complex, Tomlin loam soils, Tomlin Clay
loam, and Woo lwine-Fairview-Westfield complex soils.
Figure 2. Existing Site Conditions
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Figure 3. USGS Topographic Map
� Site �r
r i .
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 established 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-kilometer (km) of other data centers in the region, all of which are
connected through fiber optic lines.
Project Description
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 road, two (2) Duke Energy Substations, security entrances and
features, installation and/or relocation of utilities, and stormwater management
treatment facilities. Implementation of the proposed project would permanently impact
889 LF stream channel and 0.08 acre of wetland, permanently convert 0.19 acre of
wetland, and temporarily impact 285 LF of stream channels.
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Figure 4. Lyle Creek Data Center — CLT 04 Design Drawing
AlE SV.^,IEM NFD 1%) NORiH GVC%1NA STALE
I
SCALE IN FEET
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 orienting the buildings to have the least
impact on aquatic resources. The project area contains 2.555 acres of wetlands and
10,838 LF of stream. The proposed development would avoid 9,664 LF of stream
channel and 2.25 acres of wetlands. Overall, the proposed design avoids and preserves
greater than 88 percent of streams and wetlands on -site.
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 0.35
acre wetland mitigation units and 1,485 stream mitigation units from a combination of
private mitigation banks and from the North Carolina Division of Mitigation Services
(DMS) In -Lieu Fee Program to offset the unavoidable loss of 889 LF of stream and 0.08
acre of wetland, and the permanent conversion of 0.19 acre of wetland.
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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 -identified permit area.
Endangered Species
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 (Glymptemys muhlenbergii),
Dwarf -flowered Heartleaf (Hexastylis naniflora), Tricolored Bat (Perimyotis
subflavus)
Roosting habitat for the Tricolored Bat is present across the site in the form of
forested areas. Acoustic surveys are scheduled in May 2023 for these species
and further analysis and recommendations will be provided at that time.
Other Required Authorizations
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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 July 1, 2023 to:
NCDWR Central Office
Attention: Ms. Stephanie Goss, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
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,
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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.
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, July 1, 2023. Comments should be
submitted to Ms. Krystynka Stygar, Charlotte Regulatory Field Office, 8430 University
Executive Park Drive, Suite 615, Charlotte, North Carolina, 28262 and by email at
krystynka.b.stygar(a)usace.army. mi1, or by phone at (252)545-0507.
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