20230684 Ver 1_USACE More Info Requested_20230801

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
CHARLOTTE REGULATORY FIELD OFFICE
8430 UNIVERSITY EXECUTIVE PARK DRIVE, STE 615
CHARLOTTE, NORTH CAROLINA 28262
August 1, 2023
Regulatory Division
Action ID Number: SAW-2023-0665
Re: Boyd Farm Data Center
Mr. Chris Sander
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
Dear Mr. Sander,
Please reference your Individual Permit (IP) application for Department of the Army
(DA) authorization to permanently impact 686 Linear Feet (LF) of stream channel, (82
LF would be associated with riprap dissipator pads) and temporarily impact 258 LF of
stream channel associated with the construction of Boyd Farm Data Center-CLT 10
(Site) located near Maiden, in Catawba County, North Carolina.
The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated May 26, 2023. Comments in response to the notice
were received from a concerned neighbor, the Cherokee Nation, United States Fish and
Wildlife Service (USFWS), United States Environmental Protection Agency (EPA), North
Carolina Department of Natural and Cultural Resources, State Historic Preservation
Office (NCSHPO), and North Carolina Department of Environmental Quality, Division of
Water Resources (NCDEQ-DWR) and North Carolina Wildlife Resource Commission
(WRC). The comments and recommendations received are enclosed for your
information and to provide you with the opportunity to address any of the stated
concerns (reference Table 1 attached).
Further, on February 6, 1990, the Department of Army (DA) and the U.S.
Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA)
establishing procedures to determine the type and level of mitigation necessary to
comply with the Clean Water Act (CWA) Section 404(b)(1) Guidelines. This MOA
provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practical alternative; second, taking appropriate and practical steps to
reduce impacts on waters and wetlands; and finally, compensation for remaining
unavoidable impacts to the extent appropriate and practical. To enable us to process

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your application, in compliance with the MOA, we request that you provide the following
additional information.
A. Permits for work within wetlands or other special aquatic sites are available only
if the proposed work is the least environmentally damaging, practicable
alternative. Please furnish information regarding any other alternatives, including
upland alternatives, to the work for which you have applied and provide
justification that your selected plan is the least damaging to water or wetland
areas.
Specifically, please add to the alternatives analysis provided in your
Individual Permit application dated May 26, 2023:
a. What is the minimum MW required to achieve the purpose and need of
the proposed project?
b. Please explain how five (5) buildings at 48 MW each would provide
488 MW of total storage.
c. The applicant has indicated under the purpose and need section 4.2
that, "The State of North Carolina encourages data centers to locate
within the state and currently provides three sales and use tax
exemptions for purchase of items related to data centers and their
operations." The Corps is seeking a demonstration that the site
selection criteria was not solely monetarily based. Further in the
narrative, the applicant indicates, that "Because Catawba County is
already home to several data centers, the county has existing fiber and
electrical infrastructure to serve additional sites as well as low taxes,
making it a desirable location for data centers." Furthermore, "Microsoft
has guaranteed a $1 Billion minimum investment in Catawba County
associated with four data center sites." Please provide further detailed
analysis that the proposed data centers could not be viable outside of
Catawba County, North Carolina.
d. Please provide a revised table that compares the selection criteria
outlines below to your offsite alternatives, refer to Table 10 in your
application submittal. Please use the following selection criteria and
quantify as appropriate: Minimum MW required to achieve the purpose
and need of the project; Proximity to other data centers (in miles);
Utilities (Sewer, water, electric, existing infrastructure); number of
buildings, minimum parcel acreage required; zoning (industrial);

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proximity to large scale infrastructure/development; proximity to
floodplain (miles); aquatic resources on alternative parcels (wetlands
and waters); amount of impact of waters/wetlands on those parcels.
e. The applicant indicated that stie selection and suitability, "9. Land that
is: a Least impactful to the environment (wetlands/waters of the US,
other environmental issues, artifacts, and endangered species) b. not
close to airports, freeways, schools, churches, and shopping centers."
Please clarify why the applicant is unable to potentially work with land
that is close to the above listed restraints.
f. Please revise any design drawings that could potentially be affected by
the above referenced request for information.
g. Please provide further clarification as to why Catawba County was
selected for the project location. Further, please provide additional
justification as to why the following site selection criteria were chosen:
Statutory incentives for taxes and or local rebates/incentives: Example -
property tax abatements, income tax free zones, enterprise zones.
h. Section 6.2.2.1 Offsite Alternatives: The applicant determined that
Catawba County, was the most appropriate project location based on
the site selection, and other suitability criteria. The applicant did not
state which other areas, counties, and/or cities were considered for the
proposed development in the North Carolina Regional Network
Gateway. Therefore, please provide other locations that were
considered along with reasons/justifications as to why those sites were
not chosen.
In the alternatives analysis has indicated that every alternative is five
(5) single story buildings, (Example: Summary Site 1 would not meet
the project purpose because of insufficient developable areas for the
required data storage capacity and would have greater impacts to the
aquatic environment.") Please provide reasoning/justifications as to
why two-story buildings are not feasible or considered under the
alternative analysis.
Alternative Site 3 (Mccreary Farms): The applicant indicated that, "The
parcel is currently zoned industrial and surrounded by residential land.

M
The parcels bordering the west and east sides of the site were initially
analyzed for additional acreage, but they are zoned residential, which
would require re -zoning and they were not available for purchase."
Please provide additional details as to why an alternative that could not
be reasonably feasible or purchased was considered a viable
alternative option to the applicants preferred alternative?
k. "The area at the rear of the property along Pinch Gut Creek contains
steep slopes and grading would have impacts to at least 1.5 AC of a
FEMA regulated 100-year floodplain and the associated floodway.
Engineering requirements would be extensive; mitigation for the
impacts would not be possible onsite; and permitting requirements, if
possible, would extend the timeline for construction." Please provide
additional details as to why mitigation for the impacts is not possible
onsite and were considered as part of the alternatives analysis, when
the proposed LEDPA for the preferred action alternative does not have
onsite mitigation proposed? Please provide additional details as to why
the extension of the timeline of construction are considered under the
selection criteria.
Offsite alternative 3 states, "No existing fiber in proximity. This would
require an extension from existing lines." Please provide additional
details for all alternatives in regard to this statement. What is the
distance/location to the utility substation, building hook -in that indicates
that this was a key component to determining offsite alternatives. In
addition, please provide this information for the LEDPA. Furthermore,
in Table 10, please define "adjacent" in regard to "other utilities."
m. On -site alternative 1 demonstrates 6-48 MW (288 MW) and a 10.73AC
substation pad site. Please provide additional details showing why a
six -building design was considered for an onsite alternative when the
preferred alternative only has five buildings planned?
n. In the applicants discussion of onsite alternatives, "Alternative Layout 1
was not chosen due to the excessive impacts to streams with the
entrance road and the easternmost building on the northern pad site.
Alternative layout 2 included the minimization of the stream impacts
associated with the entrance road, but the impacts were still too high
and the added requirements to increase the substation pad site
required redesign; therefore this alternative was not chosen.

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Alternative 3 was not chosen due to the excessive impacts to streams
that added over 250 LF of stream impacts to the floodplain crossing.
The total amount of data storage also decreased from 288 MW in
alternative layout 1, to 268.8 MW in alternative layout 2 then 244 MW
in alternative layout 3 and finally 240 MW in the preferred alternative."
Please provide additional details and consistent data when comparing
onsite alternatives.
B. It is necessary for you to have taken all appropriate and practicable steps to
minimize losses of Waters of the U.S. including wetlands. Please indicate all that
you have done, especially regarding development and modification of plans and
proposed construction techniques, to minimize adverse impacts.
I have evaluated the avoidance and minimization included in your application and
have determined the details to be generally sufficient for our evaluation.
C. The MOA requires that appropriate and practicable mitigation will be required for
all unavoidable adverse impacts remaining after the applicant has employed all
appropriate and practicable minimization. Please indicate your plan to mitigate
for the projected, unavoidable loss of waters or wetlands or provide information
as to the absence of any such appropriate and practicable measures.
The applicant has chosen to purchase 1,372 stream mitigation units (SMUs)
from the North Carolina Division of Mitigation Services (NCDMS) to offset
the unavoidable loss of 686 LF of stream channel.
Additionally, the following items must be resolved prior to continuing to process your
permit request.
The applicant has provided Threatened and Endangered Species information
including proposed listed species. "The tri-colored bat has been proposed to be
federally listed as endangered and is expected to be officially listed before this site
goes to construction. Roosting habitat is present across the site in the form of
forested areas. Acoustic surveys are scheduled to occur at the end of May 2023 for
this species and further analysis and results will be provided at that time." Please
provide the results of the acoustic surveys, and any avoidance and minimization
measures based on the survey results that the applicant proposes.
2. The applicant has indicated that "No previously recorded archaeological sites are
located within the Project Area. Four previously recorded archaeological sites are
located within a 1.6-kilometer(1-mile) radius of the Project Area." Based on the
Corps review area, there are numerous sites within the overall project area that

in
were assigned archaeological numbers with the Office of State Archaeology in
January of 2023. The Corps requests a copy of the survey results, and files that
were complied. The Corps requests to be copied on any correspondence with the
State Historic Preservation Office. NCSHPO indicated that this information request
is required. Please provide the Corps with a copy of the historical report (HSSR)
and any correspondence between the applicant and NCSHPO. Your response to
this item needs to include 1) date(s) of field survey; and 2) approximate timeframe
when the survey and report will be available to the Corps and NCSHPO.
3. In the discussion of impacts, the applicant indicates that on several impacts,
Example. Impact SA4-Road Crossing -Culvert. "The culvert will be countersunk 12-
inches and back -filled with onsite materials. " Please provide a description as to
what onsite materials definition is. The Corps is concerned that the use of non -clean
fill may be utilized and want to ensure clean fill materials will be use.
4. Please provide your responses to the public comments received.
5. Please note that responses to the questions above may prompt additional
information requests to allow full evaluation of the proposed project.
The above requested information is essential to the expeditious processing of your
application; please forward this information to us within 30 days of your receipt of this
letter. If you have any questions regarding this correspondence, please contact me at
[phone] or krystynka.b.stygar usace.army.mi1.
Sincerely,
Krysta Stygar
Regulatory Program Manager
Charlotte Regulatory Field Office
Enclosures:
1. Table 1. Comments in Response to the Public Notice
2. NCDEQ-DWR Comment Letter Dated June 23, 2023
3. NCSHPO Comment Letter Dated June 23, 2023
Copies furnished electronically:
Melissa Ruiz — Stantec Consulting
[e-mail]
Todd Bowers
Permit Review Specialist

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Wetlands Regulatory Section
U.S. Environmental Protection Agency- Region IV
Bowers.toddkeba.gov
Sue Homewood
NCDEQ- Division of Water Resources
Winston-Salem Regional Office
Sue.Homewood(i�ncdenr. gov

Date of
Comment
Letter
Commenter
Comment
Recommendation
June 10,
Bryan Beverly,
I am voicing my concern for the stream near the rear of my property at 1327 Clarks
Address concerns by
2023
Neighbor
Creek Circle. I also own the lot next to my house. I want my stream to be left as is. I
showing design plans
have given no allowance for anyone to cross over onto my land to alter the stream on
and any additional
my property.
FEMA- Flood plain
considerations.
Per our earlier conversation, please send me a copy of the plans indicating the intent of
Microsoft and the stream.
[e-mail]
Already the land is designated flood zone at the stream as it flows into Clark Creek and
surely nothing would cause additional concern. I hope no changes to my property and
no changes to the stream on my land.
Thank you for your help in this matter.
June 21,
Cherokee
The Cherokee Nation (Nation) is in receipt of your correspondence about Boyd Farm Data
Special condition to
2022
Nation
Center, and appreciates the opportunity to provide comment upon this project. Please
the SP that indicates
allow this letter to serve as the Nation's interest in acting as a consulting party to this
that if any items of
proposed project.
cultural significance
are discovered that
The Nation maintains databases and records of cultural, historic, and pre -historic
notification to USACE
resources in this area. Our Historic Preservation Office (Office) reviewed this project,
occurs, and work
cross referenced the project's legal description against our information and found no
halted until
instances where this project intersects or adjoins such resources. Thus, the Nation does
investigations and
not forsee this project imparting impacts to Cherokee cultural resources at this time.
notifications are
complete
However, the Nation requests that the United States Army Corps of Engineers (USACE)
halt all project activities immediately and re -contact our Offices for further consultation if
items of cultural significance are discovered during the course of this project.
Additionally, the Nation requests that the USACE conduct appropriate inquiries with

other pertinent Tribal and Historic preservation Offices regarding historic and prehistoric
resources not included in the Nation's databases or records.
June 23,
North Carolina
Thank- you for your letter of May 26, 2023, regarding the above -referenced undertaking.
Comply with
2022
Department
We have reviewed the submittal and offer the following comments:
requests for sharing
of Natural and
of digital files, and CC
Cultural
There are five known archaeological sites within the proposed area of disturbance:
the USACE on
Resources :
31CT294 through 31CT298. According to our records, these sites were recorded in
correspondence.
State Historic
January 2023 by Stantec Consulting Services, Inc. for the above referenced project;
Preservation
however, we have not received completed site forms, or a Phase I archaeological survey
Office
report for compliance review and comment. These five sites are considered unassessed
for eligibility in the National Register of Historic Places. We request the following items
for review.
• One (1) Digital copy of the archaeological survey report, to be sent through
Sharefile.
• One (1) digital copy of each NC Site Form(s) with Site map(s) for each site that
was recorded as part of the archaeological investigation, to be sent through
ShareFile. Please submit each site form as a separate document.
• Hard copies of reports will be requested by OSA once we determine that no
further changes to the report are needed. Concurrence letters will not be send
until after we receive the hard copy of the final archaeological survey report.
•
We strongly recommend that all future projects be submitted for environmental review
prior to any archaeological investigations. Unless we request archaeological
investigations upon review of a project, we do not require prior archaeological surveys.
We have determined that the project as proposed will not have an effect on any historic
structures.
June 23,
North Carolina
REQUEST for
2022
Department
additional
of

Environmental
On behalf of the NC Division of Water Resources, we respectfully request that you consider
information : forma
Quality
the following comments within your review of the 404 Individual Permit request for the
on 05/16/2022
above referenced project:
1. The applicant states that the purpose of the project is to construct a large-scale, master -
planned industrial logistics complex to provide warehousing and supply -chain distribution
space to meet current and future demands. The Division commends the applicant for their
efforts to reduce impacts to jurisdictional features, however, the purpose of the project does
not appear to rely on specifically sized buildings and the applicant has not provided
justification for the building sizes proposed, therefore it appears that alternative building
layouts could provide for additional avoidance and minimization.
2. The applicant has provided information regarding the limited opportunities for distribution
centers within the Charlotte MSA. The applicant appears to have selected the location of the
project as Iredell County without providing further information or analysis regarding other
alternative locations along the outer edges of the "wheel of development" outside of the
Charlotte MSA area.
3. 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 and requests that the USACE also consider the attached letter during the review of
the application.
June 23,
North Carolina
On May 16, 2023, the Division of Water Resources (Division) received your
Does this require a
2022
Department
application requesting a 401 Individual Water Quality Certification from the Division
new 401 pre -file?
of
for the subject project. The Division has determined that your application is
Environmental
incomplete and cannot be processed. The application is on -hold until all of the
If the information is
Quality
following information is received.
not received 30 days
from June, 23, and
1. If the USACE requests a response to any comments received as result of the Public
the application is
Notice, please provide the Division with a copy of your response to the USACE to
resubmitted for 401
ensure we have all relevant information to complete our review in accordance with
purposes, does this
15A NCACA 02H.0506 (b).
restart the pre -file?
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 indicated 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 culvert design at Impact SC4 may cause overwidening 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 dimension, pattern and profile
of the stream above and below the pipe or culvert shall not be modified by widening
the stream channel or reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be 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 culvert
shall 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 culvers/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
stream 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 a
scour hole and designed to provide for aquatic life 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 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 with
the rip rap apron. Please either modify the impact table to account for these impacts
as permanent loss of stream, or provide clear plans and details that show how the
stream pattern will be provided with 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.
May 26,
Environmental
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject
Clean Air Act-
2023
Protection
Individual Permit Public Notice under DA Action ID SAW-2023-00665 dated May 26, 2023. It is
analysis/
Agency
our understanding that the applicant, Microsoft Corporation (Microsoft), is seeking
conformance to
Department of the Army authorization to permanently impact 686 Linear Feet (LF) of stream
NEPA and potential
channel, (82 LF would be associated with rip -rap dissipator pads) associated and temporarily
for significant large
impact to 258 LF of stream channel associated with the construction of Boyd Farm Data
carbon Dioxide
Center- CLT 10 (Site) located near Maiden, in Catawba County, North Carolina.
emission s?
According to the Public Notice, Applicant's State Purpose, and Project Description, the
applicants stated purpose of the proposed 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.
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 roads, a pad site for one (1) Duke Energy substation, security entrances and features,
installation and/or relocation of utilities, and stormwater management treatment facilities.
Implementation of the proposed project would permanently impact 686 LF of stream channel
and temporarily impacts of 258 LF of stream channel.
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 proposing road
alignments that have reduced stream impacts by 1,114 LF. The building alignment, size, and
sizes of substation pons have been reduced to the greatest extent possible. The development
has been restricted to only 80 acres of the 294.73-acre site, thereby avoiding impacts to 8,142
LF of stream channel, the majority of the 100-year floodplain and preserving open space.
The applicant has chosen to purchase 1,208 stream mitigation units from North Carolina
Division of Mitigation Services (DMS) In -Lieu Fee Program to offset unavoidable impacts to
686 LF of stream.
At this time, EPA Region 4 has no site -specific comments or concerns associated with CWA
regulation for this project as presented in the Public Notice. I have forwarded this project to
my NEPA Branch for guidance on facilities such as these that may require other analysis and
potential conformance to Clean Air Act regulation due to significantly large carbon dioxide
emissions from power consumption of facilities like this. I may follow-up later with comments
as appropriate.
June 26,
NC Wildlife
Unnamed tributaries of Clark Creek flow through the site. We have records of the state
????
2023
Resource
endangered and proposed federally endangered tricolored bat (Perimyotis subflavus).
Since they are
Commission
Catawba County manages an open space that lies in the northeast portion of the property.
recommendations...

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 head cutting. 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 based 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 modifications of velocity.
b) If multiple piles or cells are used, at least one pipe o 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 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) Rip Rap 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 alternative to non-native species has been attached. Alternatively,
use a grain, such as oats, wheat, or rye for temporary ground cover and native seed mixes for
permanent seeding. We recommend planting native, wildflower seed mizes that will create
pollinator habitat within the project boundary. Avoid using invasive, non-native plants in seed
mixtures for landscaping plants.
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, especially if they are hardwoods.
6. Stringent sediment and erosion control measures should eb implemented and installed
prior to and 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 contractor's 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 project
area because it can injure or kill wildlife.
COMMENTS RECEIVED PRIOR TO THE START OF THE PUBLIC NOTICE PERIOD
June 27,
United States
I saw the attached PN. Pass along an Official Species List from IPAC referenced in the PN and
Although not
2023
Fish and
the Applicants Biological Evaluations to complete consultation. The applicant can find
required, we
Wildlife
guidance for preparing a BE/BA here: https://www.fws.gov/office/asheville-ecological-
encourage the
Service
services/asheville-fielf-office-online-review-process-overview.
applicant to avoid
any associated tree

clearing activities
during this animals
maternity roosting
season from May15-
AUG 15.
Ensure that the
surveys for the
tricolored bat are
submitted
BE/BA drafted and
any correspondence
with the USFWS cc
the Corps

DocuSign 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: [e-mail] / [e-mail]
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 CAROLINA
Ogwhnnnl of Emlmnnnental Oaali� 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
D � �
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
o�_M&�ro� QUaZ ,
919.707.9000

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 [e-mail] if you have any
questions or concerns.
Sincerely,
EsDocuSigned by:
ft ply AA. f,1 ass
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
REQNorth 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
npphnaM of EmironmanW 9uallly

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
June 23, 2023
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Krystynka Stygar [e-mail]
Corps of Engineers, Wilmington District
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Re: Construct Boyd Farm Data Center, Old Maiden Road, Maiden, Catawba County, ER 23-1264
Dear Ms. Stygar:
Thank you for your letter of May 26, 2023, regarding the above -referenced undertaking. We have reviewed
the submittal and offer the following comments:
There are five known archaeological sites within the proposed area of disturbance: 31 CT294 through
31CT298. According to our records, these sites were recorded in January 2023 by Stantec Consulting
Services, Inc. for the above reference project; however, we have not received completed site forms, or a
Phase I archaeological survey report for compliance review and comment. These five sites are considered
unassessed for eligibility in the National Register of Historic Places. We request the following items for
review:
• One (1) digital copy of the archaeological survey report, to be sent through ShareFile.
One (1) digital copy of each NC Site Form(s) with site map(s) for each site that was recorded as part
of the archaeological investigation, to be sent through ShareFile. Please submit each site form as a
separate document.
Hard copies of reports will be requested by the OSA once we determine that no further changes to
the report are needed. Concurrence letters will not be sent until after we receive the hard copy of the
final archaeological survey report.
We strongly recommend that all future projects be submitted for environmental review prior to any
archaeological investigations. Unless we request archaeological investigations upon review of a project, we
do not require prior archaeological surveys.
Please note that starting June 30, 2023, OSA will use Citrix ShareFile for archaeological consultants to
submit digital archaeological reports and site files for Environmental Review. Consultants should review
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

ER 23-1264, June 23, Page 2 of 2
our ShareFile User Guidelines and submit a ShareFile User Access Form to Kim Urban
(kimberly.urbankncdcr.gov) to obtain access to ShareFile if they have not already done so.
More information on our Environmental Review submission requirements can be found at:
hgps:Harchaeology.ncdcr. goy/pro grams/environmental-review.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review(cncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
[� Ramona Bartos, Deputy
[� State Historic Preservation Officer
cc: Donald Sadler, Stantec
donald. sadlerkstantec. c om
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898