20230767 Ver 2_USACE More Info Requested_20230929

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
CHARLOTTE REGULATORY FIELD OFFICE
8430 UNIVERSITY EXECUTIVE PARK DRIVE, STE 615
CHARLOTTE, NORTH CAROLINA 28262
September 29, 2023
Regulatory Division
Action ID Number: SAW-2022-02515
Re: Stover North Data Center — CLT 17
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 1,826 Linear Feet (LF) (0.27 acre) of stream
channel and 0.032 acre of wetland, and temporarily impact 73 LF (0.012 acre) of stream
channel, associated with the construction of the Stover North Data Center-CLT 17 (Site)
in Newton, Catawba County, North Carolina.
The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated July 24, 2023. Comments in response to the notice
were received from 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
your application, in compliance with the MOA, we request that you provide the following
additional information.

-2-
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 July 10, 2023:
a. Under section 4.0, "The proposed site layout has been optimized to
meet the needs of the facility's operational requirements while
minimizing site disturbance and disturbance to natural resources.
Microsoft has committed to reducing the company's operational carbon
footprint by 75% by 2030. They have also added water to their long-
standing carbon and energy commitments, launching a new water
replenishment strategy to replace what their operations consume in
water stressed regions by the year 2030." Please explain how the
building of additional data storage as described will lower the
operational carbon footprint, or fit into the plan to help the company
(Microsoft) reduce the operational carbon footprint by 75 percent?
Please provide additional information that further explains the long-
term goals, and how this Site fits into the strategy.
b. Under the purpose and need, "While incentives and grants are typically
approved for these projects, there are specifically monetary
performance requirements that need to be met. For example, Microsoft
has guaranteed a $1 billion minimum investment in Catawba County
associated with four data center sites." The Corps is seeking a
demonstration that the site selection criteria was not solely monetarily
based. Please provide further detailed analysis that the proposed data
centers could not be viable outside of Catawba County, North Carolina.
c. 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

-3-
buildings, minimum parcel acreage required; zoning (industrial);
proximity to large scale infrastructure/development; proximity to
flood plain (miles); aquatic resources on alternative parcels (wetlands
and waters); amount of impact of waters/wetlands on those parcels.
Please revise any design drawings that could potentially be affected by
the above referenced request for information.
d. Please provide the air permit for the proposed 3MW and 500kW diesel -
fired generators. Please provide further information on why additional
diesel -fired generators are necessary for the proposed site design.
Please list if any alternative energy was proposed and if/why it was not
considered under the alternatives.
e. In section 2.4 the applicant has indicated 1. There are five skimmer
basins, six sediment basins and temporary diversion ditches that will
be constructed during phase I of the Erosion and Sediment Control
Plan (E &SCP). During the mass grading operations, storm drainage
infrastructure should be installed across the site as indicated on the
grading and drainage plans. The North Carolina Wildlife Resource
Commission has discussed potential for an underground stormwater
detention basin. Please adequately explain how this new technology
which would allow for greater avoidance and minimization and less
impacts to Waters of the United States were taken into consideration?
Please provide numerical evidence on why this infrastructure is not
being considered.
f. In addition to the information requested from Division of Water
Resources, please address Wildlife Resource Commissions comments
in regard to providing adequate buffers along stream channels. (100-
foot along perennial streams, and 50-foot along intermittent streams
and wetlands).
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.

M
C. The MOA requires that appropriate and practicable mitigation 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 3,492 stream mitigation unites (SMUs)
from the North Carolina Division of Mitigation Services (NCDMS) In -Lieu Fee
Program to offset the unavoidable loss of 1,826 LF (0.27 acres) of stream
channel and 0.032-acre wetland, and temporarily impact 73 LF (0.012 acre) of
stream channel.
Additionally, the following items must be resolved prior to continuing to process
your permit request.
1. The applicant has provided Threatened and Endangered Species information
including the listed species. "On December 1, 2022 and March 20, 2023,
Stantec biologists visited the site to assess wetlands and waters of the US,
vegetative communities, and threatened and endangered species habitat. A
survey for dwarf -flowered heartleaf (Hexastylis Naniflora) was conducted but
no species were found. Please provide all documentation and survey
results/photographs associated with the on -site pedestrian surveys for the
Dwarf flowered heartleaf.
A. "The tri-colored bat (perimyotis subflavus) has been proposed as
Endangered and is expected to be officially listed in fall 2023. Roosting
habitat is present across the site in the form of forested areas. Acoustic
surveys are scheduled in 2023 for this species and further analysis and
recommendations will be provided at that time." Please provide the
survey results and recommendations for the Tri-colored bat.
2. Please provide your responses to the public comments received.
3. 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
kr ststynka.b.stygar _usace.army.mil.

-5-
Sincerely,
Krysta Stygar
Regulatory Program Manager
Charlotte Regulatory Field Office
Enclosures:
1. Table 1. Comments in Response to the Public Notice
2. NCDWR Comment Letter Dated August 24, 2023
Copies furnished electronically:
Melissa Ruiz- Stantec Consulting
Melissa. ruizCc�stantec.com
Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
U.S. Environmental Protection Agency- Region IV
[e-mail]

Date of
Comment
Letter
Commenter
Comment
Recommendation
July 26,
EPA
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has
None
2023
reviewed the subject Individual Permit Public Notice under DA Action ID
SAW-2022-02515 dated July 24, 2023. It is our understanding that the
applicant Microsoft Corporation, is seeking Department of the Army
authorization to permanently impact 1,826 Linear Feet (LF)( 0.27 acres) of
stream channel and 0.032 acre of wetland, and temporarily impact 73 LF
(0.012 acre) of stream channel, associated with the construction of the
Stover North Data Center-CLT 17 in Newton, Catawba County, North
Carolina.
According to the Public Notice, Applicants stated purpose, and the 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-MW of data storage and would include five (5)
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 1,826 LF (0.27 acres) of stream channel and 0.032 acre of wetland,
and temporarily impact 73 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 orienting the buildings to have the least impact on

aquatic resources. The project area contains 0.146 acre of wetland and
3,051 LF of stream. The proposed development would avoid 1,152 LF of
stream channel and 0.11 acre of wetlands.
The applicant has chosen to purchase 3, 493 stream mitigation units from
the North Carolina Division of Mitigation Services (DMS) In -Lieu Fee
Program to offset the unavoidable loss of 1,826 LF of stream channel. No
mitigation is proposed for the permanent loss of 0.032 acre of wetland
because it does not trip the threshold of 0.1 acre.
At this time, EPA Region 4 has no site -specific comments or concerns
associated with the CWA regulation for the project as presented in the
Public Notice.
June 26,
North
On May 22, 2023 the Division of Water Resources (division) received your
Provide all information
2023
Carolina
application requesting a 401 Individual Water Quality Certification from the
as requested, and copy
Division of
Division for the subject project. The Division has determined that your
the CORPS on
Water
application is incomplete and cannot be processed. The application is on-
correspondence.
Resources
hold until all of the following information is received.
1. 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 applicants' 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 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 states 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) 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 of 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. There 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 only
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 NCACA02H.0502€, 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 the above requested
information to the 401 & buffer Permitting Branch, 1617 Mail Service

Center, Raleigh, NC 276991617 or by submitting all the above requested
information through the link.
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 packing and the appropriate fee.
June 27,
United States
I saw the attached PN. Pass along an Official Species List from IPAC
Provide BE/BA to Corps
2023
Fish and
referenced in the PN and the Applicants Biological Evaluation to complete
personnel
Wildlife
consultation. The applicant can find guidance for preparing a BE/BA here:
Service
https://www.fws.gov/office/asheville-ecological-services/asheville-field-
Finish consultation
office -online -review -process -overview.
about the Tri-Colored
Bat, and submit survey
results
June 29,
Catawba
The Catawba have no immediate concerns with regard to traditional
Special condition to the
2023
cultural properties, sacred sites or Native American archaeological sites
SP that indicates that if
within the boundaries of the proposed project areas. However, the Catawba
any items of cultural
are to be notified if Native American artifacts and/or human remains are
significance are
located during the ground disturbance phase of this project.
discovered that
notification to USACE
occurs, and work
halted until
investigations and
notifications are
complete
August
North
Thank you for your letter of July 24, 2023, regarding the above -referenced
Supply additional
9,2023
Carolina
undertaking. We have reviewed the submittal and offer the following
information as
Department
comments:
requested, and CC the
of Natural and
Corps on any
Cultural
There are two known archaeological sites within the proposed area of
correspondence.
Resources:
disturbance: 31CT292 and 31CT293. According to our records, both sites were

State Historic
recorded in January 2023 by Stantec Consulting Services, Inc for the above-
In addition provide the
Preservation
referenced project. We have not received completed site forms or a Phase I
USACE with any
Office
archaeological survey report for compliance review and comment. The sites
cemetery and updated
remain unassessed for eligibility in the National Register of Historic Places.
design plans which
incorporate SHPO's
Additionally, Rhoney's Methodist Church Cemetery is located immediately west
request for a 30-meter
of the project area. The cemetery is an African American cemetery that dates to
buffer with a
the nineteenth century and is still in use. The cemetery has never been
temporary fence.
archaeologically surveyed to have it's boundaries delineated. Based on aerial
imagery and the age of the cemetery, the boundary of the cemetery is
ambiguous, may extend into the project area, and there is a high probability for
unmarked graves. We recommend that a 30-meter buffer be placed around the
cemetery and the installation of temporary fencing along the 30-meter buffer
line to protect possible unmarked graves and separate active work zones from
the area.
Cemeteries are protected under North Carolina General Statutes Chapter 14-
148 and 14-149 and are afforded consideration under Chapter 65. If unmarked
human skeletal remains are encountered during construction, the provisions of
North Carolina General Statue Chapter 70, Article 3 apply. Construction
activities should immediately cease, and the county medical examiner should
be contacted.
The review process cannot proceed until we receive the following items for
review:
• 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 send
through OSA ShareFlle folder that has been created for Stantec's use.
Please submit each site form as a separate document.
• To ensure that the proposed project will be consistent with NCGS Chapter
5, project designed showing how the cemetery will not be subject to
ground disturbance during construction, and a plan that will be followed if
the graves are encountered during construction. Please submit these
documents to [e-mail] along with a cover letter

notifying us of the file location for the archaeological survey report and NC
Site Forms.
• 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 archaeological investigations.
We have determined that the project as proposed will not have an effect of any
historic structures.
August 23,
North
Biologists with the North Carolina Wildlife Resource Commission (NCWRC)
Consider some of the
2023
Carolina
have reviewed the subject document. Comments are provided in
recommendations,
Wildlife
accordance with provisions of the Clean Water Act of 1977 (as amended)
Erosion Control, Tree
Resource
and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat.
Cutting moratoriums,
Commission
401, as amended; 16. U.S.C. 661 et seq.)
and native seed
mixtures for
On behalf of Microsoft Corporation (applicant), Stantec Consulting Services,
stabilization
Inc has submitted an Individual Permit (IP) application for the Stover North
Data Center location on 159.77 acres northeast of the intersection of
Stratton Place and Hickory Lincolnton Highway in Newton, Catawba County,
North Carolina. The proposed project will permanently impact 1,826 linear
feet (LF) of perennial stream channel and 0.032 acres of wetland; and
temporarily impact to 73 If of stream channel. Unnamed tributaries of the
South Fork Catawba River flow through the site.
We have records of federal and state threatened dwarf flowered heartleaf
(Hexastylis Naniflora); and state special concern seagreen darter
(Etheostoma thalassinum) and the American Barberry (Berberis canadensis)
near the site. The tricolored bat (perimyotis subflavus) is proposed for
listing as endangered by the U.S. Fish and Wildlife Service, and it may be

listed as soon as September 2023. The site was surveyed for tricolored bat
and dwarf -flowered heartleaf. No individual Hexastylis Sp plants were found
and the results from the acoustic surveys for tricolored bat are pending. The
South Fork Catawba River at its confluence with the unnamed tributaries is
designated as the Henry Fork -Jacob Fork aquatic Habitat Natural Heritage
Area; natural areas are sites with special biodiversity significance.
Additionally, a Catawba Land Conservancy easement immediately
downstream of the project area.
NCWRC has concerns for the impacts the project will have on aquatic
resources, not only the direct impacts, but also the potential for an increase
in sedimentation and erosion. Placing fill in aquatic resources can alter
hydrology, result in significant negative impacts to downstream areas, and
eliminate aquatic and terrestrial wildlife habitat. Additional impervious
surface results in an increase in stormwater runoff that can exert significant
impacts on stream morphology. This will cause further degradation of
aquatic habitat through accelerated stream bank erosion, channel and
bedload changes, altered substrates, and scouring of the stream channel. In
addition, pollutants (e.g. Sediment, heavy metals, pesticides, and fertilizers)
washed from developed landscapes can adversely affect and extirpate
species downstream.
We offer the following recommendations for the applicant to minimize
impacts to aquatic and terrestrial wildlife resources:
1. We recommend the applicant further reduce impacts to streams
and wetlands. One suggestion is the applicant use an underground
stormwater detention system to allow more space for design layout
changes to reduce impacts to streams.
2. Maintain a minimum 100-foot undisturbed, native, forested buffer
along perennial streams, and a minimum 50-foot buffer along
intermittent streams and wetlands. Maintaining undisturbed,
forested buffers along these areas will minimize impacts to aquatic
and terrestrial wildlife resources, water quality, and aquatic habitat

both within and downstream of the project area. Also, wide riparian
buffers are helpful in maintaining stability of stream banks and for
treatment of pollutants associated with urban stormwater.
3. 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 headcutting. If multiple barrels are required,
barrels other than the base flow barrel(s) should be placed on or
near stream bank full or floodplain bench elevation (similar to
Lysonfield 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 tot
eh 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 to 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 stream in a manner that precludes aquatic life
passage. Bioengineering boulders or structures should be
professionally designed, sized and installed.
4. Non-native plants should not be used for seeding disturbed
areas. Specifically, avoid using Bermuda grass, redtop, tall fescue,
and lespedeza, which are invasive and/or non-native. A list of
alternatives to non-native species has been attached. A grain, such
as oats, wheat or rye can also be used for temporary cover and
native seed mixes for permanent 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,.
5. 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 steeps 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.
6. Erosion control matting made of plastic mesh or twine should not
be used within the project area because it can kill or injure wildlife.
August 24,
Cherokee
The Cherokee Nation (Nation) is in receipt of your correspondence about
2023
Nation
SAW-2022-02515, and appreciates the opportunity to provide comment
upon this project. This communication is intended for government-to-

government consultation with a sovereign federally recognized Tribal
Nation. Information received in consultation will be deemed confidential
unless explicit consent is provided by the Nation.
The Nation maintains databases and records of cultural, historic, and pre-
historic resources in this area. Our Historic Preservation Office (Office)
reviewed this project and cross referenced the project's legal description
against our information. To continue our review, our Office requests a copy
of the related cultural resources survey report with comments from the
State Historic Preservation Office. Additionally, the Nation requests that the
United States Army Corps of Engineers conduct appropriate inquiries with
other pertinent Historic Preservation Offices regarding historic and
prehistoric resources not included in the Nation's databases or records.
If you require additional information or have any questions, please contact
me at your convenience. Thank you for time and attention to this matter.
August 29,
United States
I saw the attached PN. Pass along an Official Species List from IPAC
Supply the BA/BE so
2023
Fish and
referenced in the PN and the Applicant's Biological Evaluation to complete
that consultation can
Wildlife
consultation. The Applicant can find guidance for preparing a BE/BA here:
be complete.
Service
https://www.fws.gov/office/asheville-ecological-services/asheville-field-
office-onilne-review-process-overview.
As well as the Tri-
colored Bat surveys.
Please let me know if you have any questions
September
Catawba
The Catawba have no immediate concerns with regard to traditional
Notify if Native
14, 2023
Indians
cultural properties, sacred sites or Native American archaeological sites
American artifacts
within the boundaries of the proposed project areas. However, the Catawba
and/or human remains
are to be notified if Native American artifacts and/or human remains are
are located.
located during the ground disturbance phase of this project.
COMMENTS RECEIVED PRIOR TO THE START OF THE PUBLIC NOTICE PERIOD

F1 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
Via Email
23 August 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 Stover North Data
Center in Newton, Catawba County, North Carolina. USACE Action ID: SAW-2022-
02515; DEQ No. 20230767v2.
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 Stover North Data Center located on 159.77 acres northeast of
the intersection of Stratton Place and Hickory Lincolnton Highway in Newton, Catawba County, North
Carolina. The proposed project will permanently impact 1,826 linear feet (If) of perennial stream channel
and 0.032 acres of wetland; and temporary impact to 73 if of stream channel. Unnamed tributaries of the
South Fork Catawba River flow through the site.
We have records of federal and state threatened dwarf -flowered heartleaf (Hexastylis naniflora); and state
special concern seagreen darter (Etheostoma thalassinum) and American barberry (Berberis canadensis)
near the site. The tricolored bat (Perimyotis subflavus) is proposed for listing as endangered by the U.S.
Fish and Wildlife Service, and it may be listed as soon as September 2023. The site was surveyed for
tricolored bat and dwarf -flowered heartleaf. No individual Hexastylis sp. plants were found and the results
from the acoustic surveys for tricolored bat are pending. The South Fork Catawba River at its confluence
with the unnamed tributaries is designated as the Henery Fork -Jacob Fork Aquatic Habitat Natural
Heritage Natural Area; natural areas are sites with special biodiversity significance. Additionally, a
Catawba Land Conservancy easement immediately downstream of the project area.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

23 August 2023 Page 2
Stover North Data Center IP
USACE Action ID: SAW-2022-02515
NCWRC Comments
NCWRC has concerns for the impacts the project will have on aquatic resources, not only the direct
impacts, but also the potential for an increase in sedimentation and erosion. Placing fill in aquatic
resources can alter hydrology, result in significant negative impacts to downstream areas, and eliminate
aquatic and terrestrial wildlife habitat. Additional impervious surface results in an increase in stormwater
runoff that can exert significant impacts on stream morphology. This will cause further degradation of
aquatic habitat through accelerated stream bank erosion, channel and bedload changes, altered substrates,
and scouring of the stream channel. In addition, pollutants (e.g., sediment, heavy metals, pesticides, and
fertilizers) washed from developed landscapes can adversely affect and extirpate species downstream.
We offer the following recommendations for the applicant to minimize impacts to aquatic and terrestrial
wildlife resources:
1. We recommend the applicant further reduce impacts to streams and wetlands. One suggestion is
the applicant use an underground stormwater detention system to allow more space for design
layout changes to reduce impacts to streams.
2. Maintain a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a
minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed,
forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife
resources, water quality, and aquatic habitat both within and downstream of the project area.
Also, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment
of pollutants associated with urban stormwater.
3. 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
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.
4. 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. A grain, such as oats, wheat, or rye can also
be used for temporary cover and native seed mixes for permeant seeding. We recommend

23 August 2023 Page 3 NCWRC Comments
Stover North Data Center IP
USACE Action ID: SAW-2022-02515
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).
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.
6. 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 [phone] or email olivia.munzer(c-r�,ncwildlife.org.
Sincerely,
Olivia Munzer
Western Piedmont Habitat Conservation Coordinator
Habitat Conservation Program
ec: Sue Homewood, NCDWR
Chris Sander, Microsoft Corporation
Amber Coleman, Stantec Consulting Services, Inc.

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