HomeMy WebLinkAbout20230712 Ver 1_More Info Requested_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
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:
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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
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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
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