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Home My WebLink About20230712 Ver 1_Public Notice Comments_20230626DocuSign Envelope ID: 49B28E55-1017-4E4B-9246-DA7BE700DC26 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 26, 2023 Corps Action ID# SAW-2023-00898 DWR# 20230671 Catawba County Krysta Stygar U.S. Army Corps of Engineers Charlotte Regulatory Field Office Delivered via email to: krystynka.b.stygar@usace.army.mil Subject Project: Lyle Creek 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 sue.homewood@deg.nc.gov. Sincerely, ESDocuSigned by: ft p�t, 1 ass 980C5097D80E4E9_. Stephanie Goss, Supervisor 401 & Buffer Permitting Unit D E Q�,11 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 lll, /"� 919.707.9000 DocuSign Envelope ID: 49B28E55-1017-4E4B-9246-DA7BE700DC26 Lyle Creek Data Center Corps Action ID# SAW-2023-00898 Electronic cc: Amber Forestier, Stantec Consulting Services Inc. Olivia Munzer, NCWRC DWR MRO DWR 401 & Buffer Permitting Branch file DWR# 20230712 Page 2of2 Filename: 20230712_Lyle Creek 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: 49B28E55-1017-4E4B-9246-DA7BE700DC26 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 26, 2023 DWR# 20230712 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 Lyle Creek Data Center Corps Action ID# SAW- SAW-2023-00898 Dear Mr. Sander: On May 22, 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. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon determining that the proposed activity will comply with state water quality standards which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation of water quality standards; (3) 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: 49B28E55-1017-4E4B-9246-DA7BE700DC26 Lyle Creek Data Center DWR# 20230712 Request for Additional Information Page 2 of 3 would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;" Based on the current proposed plan the Division believes indirect impacts to the remaining portion Stream SA between Impacts SA1 and SA4 will be significantly isolated and short and will therefore unable to maintain existing uses at the current function. Therefore it is necessary to include these indirect impacts to Stream SA within the impact table and provide mitigation for this section. 4. Please provide a clear detail of what the proposed impacts are for SF1. The application states that the impact is for riprap as a result of the BMP spillway, however it is unclear if this riprap is proposed only on the stream bank or within the channel. The profile view provided does not denote where the riprap is proposed to be located in relation to the stream bottom or stream bank. If riprap is proposed within the stream bed, please explain why that is required and why velocity/erosion potential can not be controlled before discharge into the stream bed. 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 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 336-813-1863 or Sue.Homewood@deg.nc.gov if you have any questions or concerns. Sincerely, ESDocuSigned by: ft p�G bass 980C5097D80E4E9_. Stephanie Goss, Supervisor 401 & Buffer Permitting Branch �� 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 0—p Mo Emimnmen quay DocuSign Envelope ID: 49B28E55-1017-4E4B-9246-DA7BE700DC26 Lyle Creek Data Center DWR# 20230712 Electronic cc: Request for Additional Information Page 3 of 3 Amber Forestier, Stantec Consulting Services Inc. Krysta Stygar, USACE Charlotte Regulatory Field Office Olivia Munzer, WRC DWR 401 & Buffer Permitting Branch file Filename: 20230712 Lyle Creek 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 onparhnem of EmironmanW 9uallly