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HomeMy WebLinkAbout20230684 Ver 1_WRC Comments_202306269 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director Via Email 26 June 2023 Ms. Krystynka Stygar U.S. Amry Corps of Engineers, Wilmington District Charlotte Regulatory Field Office 8430 University Executive Park Dr., Suite 615 Charlote, NC 28262 SUBJECT: Public Notice Comments for the Individual Permit Application for the Boyd Farm Data Center in Maiden, Catawba County, North Carolina. USACE Action ID: SAW-2023- 00665; DEQ No. 20230684vl. Dear Ms. Stygar, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended) and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). On behalf of Microsoft Corporation (applicant), Stantec Consulting Services, Inc. has submitted an Individual Permit (IP) application for the Boyd Farm Data Center located on 294.73 acres northwest of the intersection of Zeb Haynes Road and W. Maiden Road in Maiden, Catawba County, North Carolina. The proposed project will permanently impact 686 linear feet (If) of stream channel and temporary impacts to 2581f of stream channel. Unnamed tributaries of Clark Creek flow through the site. We have records of the state endangered and proposed federally endangered tricolored bat (Perimyotis subflavus). Catawba County manages an open space that lies in the northeast portion of the property. We offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources: 1. We recommend the applicant further reduce impacts. We recommend considering using an underground stormwater detention system to allow more space for design layout changes to reduce impacts. 2. a) The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth), except if slopes of culverts are greater than 2% due to concerns of Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 26 June 2023 Page 2 Boyd Farm Data Center IP USACE Action ID: SAW-2023-0665 NCWRC Comments headcutting. If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream and downstream ends to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to entrap wildlife or support mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel(s) during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. b) If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. c) Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. d) Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. 3. Furthermore, non-native plants should not be used for seeding disturbed areas. Specifically, avoid using Bermudagrass, redtop, tall fescue, and lespedeza, which are invasive and/or non-native. A list of alternatives to non-native species has been attached. Alternatively, use a grain, such as oats, wheat, or rye for temporary cover and native seed mixes for permeant seeding. We recommend planting native, wildflower seed mixes that will create pollinator habitat within the project boundary. Avoid using invasive, non-native plants in seed mixtures or landscaping plants (http://www.ncwildflower.org//plant galleries/invasives_list). 4. Avoid tree clearing activities during the maternity roosting season for bats (May 15 — August 15) due to the decline of tree roosting bat species, such as the tricolored bat. 5. We recommend not clearing the entire site, but rather maintaining the maximum amount of native vegetation as possible. Specifically, we recommend minimize clearing of alive, dying, or dead mature trees, particularly if they are hardwoods. 6. Stringent sediment and erosion control measures should be implemented and installed prior to any land -disturbing activity. Incorporate the following elements into erosion and sediment control plans: minimize clearing and grading, protect waterways, phase construction for larger construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes, establish appropriate perimeter controls, employ advanced settling devices, implement a certified contractors program, and regularly inspect erosion control measures. Ensure all silt fencing is removed once vegetation has reestablished and soils have stabilized. 7. Erosion control matting made of plastic mesh or twine should not be used within the project area because it can injury or kill wildlife. Thank you for the opportunity to provide input for this project. If I can provide further assistance, please call (336) 269-0074 or email olivia.munzer(c-r�,ncwildlife.org. 26 June 2023 Page 3 Boyd Farm Data Center IP USACE Action ID: SAW-2023-0665 Sincerely, Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program ec: Sue Homewood, NCDWR Amber Forestier, Stantec Consulting Services, Inc. NCWRC Comments RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN NORTH CAROLINA" (Species are appropriate for all geographic regions unless otherwise indicated) NON-NATIVE SPECIES NATIVE SPECIES Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Crownvetch Switchgrass Panicum virgatum Centipede Beaked panicgrass Panicum anceps Bermuda Purpletop Tridens flavus Roundheaded bushclover Lespedeza capitata Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Switchgrass Panicum virgatum Kentucky bluegrass Beaked panicgrass Panicum anceps Tall fescue Purpletop Tridens flavus Sudangrass Broomsedge Andropogon virginicus Deer tongue Dicanthelium clandestinum Canadian wildrye Elymus canadensis Virginia wildrye Elymus virginicus Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata Switchgrass Panicum virgatum Splitbeard bluestem Andropogon ternarius Sericea lespedeza Beggarlice Desmodium spp. Kobe lespedeza Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata NC Native Plant Recommendations **A recommended revegetation/stabilization mix would ideally include a combination of the species listed in this table. In addition, please note that additional consideration may be needed in areas that are (highly) erodible and/or have sloped terrain. The following species could be included in all regions for additional stabilization and wildlife benefit: Black-eyed susan: Plains coreopsis: Lance -leaved coreopsis: Narrow -leaved sunflower: Created October 2018 Rudbeckia hirta Coreopsis tinctoria Coreopsis lanceolata Helianthus angustifolius