20230684 Ver 1_USACE Permit_20240119

1
DEPARTMENT OF THE ARMY
_ WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 19, 2024
Regulatory Division
Action ID: SAW-2023-00665
Microsoft Corporation
Attn: Mr. Chris Sander
One Microsoft Way
Redmond, WA 98052
Dear Mr. Sander:
In accordance with your written request of May 15, 2023, and the ensuing
administrative record, enclosed is a copy of a permit to construct the Boyd Farm
Datacenter (CLT 10). These activities will permanently impact 681 linear feet of stream
channel and temporarily impact 256 linear feet of stream channel.
You should acknowledge that you accept the terms and conditions of the enclosed
permit by signing and dating in the space provided ("Permittee" on page 3). Your
signature, as permittee, indicates that, as consideration for the issuance of this permit,
you voluntarily accept and agree to comply with all of the terms and conditions of this
permit. All pages of the signed permit with drawings should then be returned to this
office for final authorization.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10
fee will be charged for permit applications when the work is noncommercial in nature
and provides personal benefits that have no connection with a commercial enterprise..."
and "A fee of $100 will be charged for permit applications when the planned or ultimate
purpose of the project is commercial or industrial in nature and is in support of
operations that charge for the production, distribution, or sale of goods or services." As
your application fits the latter category, you are requested to remit your payment
electronically via Pay.gov (https://www.pay.gov). Pay.gov instructions can be found at
https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021 coII11/id/5786. As an
option, you may choose to pay with a check for $100, made payable to the Finance and
Accounting Officer, USAED, Wilmington.
This correspondence contains a proffered permit for the above -described site. If you
object to this decision, you may request an administrative appeal under Corps
regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
decision you must submit a completed RFA form to the following address:

District Engineer, Wilmington Regulatory Division
Attn: Krystynka Stygar
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has
been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by March 19,
2024.
It is not necessary to submit an RFA form to the Division Office if you do not object
to the decision contained in this correspondence.
After the permit is authorized in this office, we will then return the signed permit to
you. If you have questions, please contact Ms. Krystynka Stygar at the Charlotte
Regulatory Field Office, telephone [phone] or via email at
Krystyn ka. b.stygar(a)usace.army. m iI.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at https://regulatory.ops.usace.army.miI/customer-
service-survey/ and completing the survey on-line. We value your comments and
appreciate your taking the time to complete a survey each time you interact with our
office.
FOR THE CHIEF, REGULATORY DIVISION
Sincerely,
�'a4w, TD�
Samantha Dailey
Chief, Charlotte Field Office
Regulatory Division, Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Ms. Melissa Ruiz, Stantec Consulting Services, Inc., melissa.ruiz(a�stantec.com
Mr. Todd Bowers, U.S. Environmental Protection Agency, bowers.todd(a�epa.gov
Ms. Sue Homewood, North Carolina Division of Water Resources,
sue. Homewood(a)ncdenr.gov

DEPARTMENT OF THE ARMY PERMIT
Permittee MICROSOFT CORPORATION
ATTN: MR. CHRIS SANDER
Permit No. SAW-2023-00665
Issuing Office
CESAW-RG-C
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves the construction of the Boyd Farm Datacenter (CLT
10), requiring the permanent discharge of fill material into 681 linear feet of stream channel
and temporary impacts of 256 linear feet of stream channel.
Project Location: The project area is located on five (5) parcels northwest of the intersection
of Zeb Haynes Road and W. Maiden Road, in Maiden, Catawba County, North Carolina.
(35.589794° N,-81.235323° W).
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2034. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
2 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
perm it.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit, unless there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest decision, the Corps will normally give
favorable consideration to a request for an extension of this time limit.
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
(PERMITTEE) MICROSOFT CORPORATION (DATE)
MR. CHRIS SANDER
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
(DISTRICT COMMANDER) BRAD A. MORGAN, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property
is transferred, the terms and conditions of this permit will continue to be binding on the new
owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DA TE)
4 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
ACTION ID: SAW-2023-00665
MICROSOFT CORPORATION
BOYD FARM DATA CENTER (CLT 10)
CATAWBA COUNTY
WORK LIMITS / NOTIFICATION
Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plan entitled Boyd Farm Data Center (CLT
10), dated August 2023, which is a part of this permit. The Permittee shall ensure
that the construction design plans for this project do not deviate from the permit
plans attached to this authorization. Any modification to the attached permit plans
must be approved by the U.S. Army Corps of Engineers (Corps) prior to any
active construction in waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
3. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and
maintenance of this project and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a
copy of this permit. A copy of this permit, including all conditions and drawings
shall be available at the project site during construction and maintenance of this
project.
4. Preconstruction Meeting: The Permittee shall conduct an onsite
preconstruction meeting between its representatives, the contractor's
representatives, and the appropriate U.S. Army Corps of Engineers Project
Manager prior to undertaking any work within jurisdictional waters and wetlands
to ensure that there is a mutual understanding of all terms and conditions
contained within the Department of the Army permit. The Permittee shall
schedule the preconstruction meeting for a time frame when the Corps and North
Carolina Division of Water Resources (NCDWR) Project Managers can attend.
The Permittee shall invite the Corps and NCDWR Project Managers a minimum
of thirty (30) days in advance of the scheduled meeting to provide those
individuals with ample opportunity to schedule and participate in the required
meeting. The thirty (30) day requirement can be waived with the concurrence of
the Corps.
5. Notification of Construction Commencement and Completion: The
Permittee shall notify the Corps in writing prior to beginning the work authorized
by this permit and again upon completion of the work authorized by this permit.

SPECIAL CONDITIONS
ACTION ID: SAW-2023-00665
MICROSOFT CORPORATION
BOYD FARM DATA CENTER (CLT 10)
CATAWBA COUNTY
6. Reporting Address: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following: U.S. Army
Corps of Engineers, Wilmington District Charlotte Field Office, Attn: Krystynka
Stygar at 252-545-0507 / Krystynka.b.stygar(a)usace.army. mi1. The Permittee
shall reference the following permit number, SAW-2023-00665, on all submittals.
7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
8. Reporting Violations: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act shall be reported to the Corps in writing and
by telephone at: 252-545-0507 / Krystynka.b.stygar(a)usace.army. miI within 24
hours of the Permittee's discovery of the violation.
ENDANGERED SPECIES AND CULTURAL RESOURCES
9. Endangered Species Act:
a. The Permittee shall implement all necessary measures to ensure the
authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes
an injured or dead threatened or endangered species, the U.S. Army
Corps of Engineers, Wilmington District Charlotte Field Office, Attn:
Krystynka Stygar at 252-545-0507 / Krystynka.b.stygar(a)usace.army.mil
will be immediately notified to initiate the required Federal coordination.
b. If the Tricolored Bat or other bat species are listed as threatened or
endangered prior to tree clearing within the Corps action area, the
applicant shall commit to a tree clearing moratorium between April 1 and
September 30.
10. Historic Properties — Discovery of Previously Unknown Remains and
Artifacts — If the Permittee discovers any previously unknown historic, cultural,
or archeological remains and/or artifacts while accomplishing the activity
authorized by this permit, the Permittee must immediately notify the U.S. Army
Corps of Engineers, Wilmington District Charlotte Regulatory Field Office, Attn:
Ms. Krystynka Stygar, 252-545-0507 or Krvstvnka.b.stygar(U)-usace.army. miI to
initiate the required Federal coordination. The Permittee must notify the Corps of
what has been found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination
2

SPECIAL CONDITIONS
ACTION ID: SAW-2023-00665
MICROSOFT CORPORATION
BOYD FARM DATA CENTER (CLT 10)
CATAWBA COUNTY
has been completed. The Corps will initiate the Federal, Tribal, and state
coordination required to determine if the items or remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
RELATED LAWS
11. Maintain Flows and Circulation Patterns of Waters: Except as specified in
the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters and/or wetlands.
12. Sediment and Erosion Control:
a. No fill or excavation impacts for the purposes of sedimentation and
erosion control shall occur within jurisdictional waters, including wetlands,
unless the impacts are included on the plan drawings and specifically
authorized by this permit. This includes, but is not limited to, sediment
control fences and other barriers intended to catch sediment losses.
b. The Permittee shall remove all sediment and erosion control measures
placed in waters and/or wetlands, and shall restore natural grades on
those areas, prior to project completion.
c. The Permittee shall use appropriate sediment and erosion control
practices which equal or exceed those outlined in the most recent version
of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" to ensure compliance with the appropriate turbidity water quality
standard. Erosion and sediment control practices shall be in full
compliance with all specifications governing the proper design, installation
and operation and maintenance of such Best Management Practices to
ensure compliance with the appropriate turbidity water quality standards.
This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project shall remain in
full compliance with all aspects of the Sedimentation Pollution Control Act
of 1973 (North Carolina General Statutes Chapter 113A Article 4).
Adequate sedimentation and erosion control measures shall be
implemented prior to any ground disturbing activities to minimize impacts
to downstream aquatic resources. These measures shall be inspected and
maintained regularly, especially following rainfall events. All fill material
shall be adequately stabilized at the earliest practicable date to prevent
3

SPECIAL CONDITIONS
ACTION ID: SAW-2023-00665
MICROSOFT CORPORATION
BOYD FARM DATA CENTER (CLT 10)
CATAWBA COUNTY
sediment from entering adjacent waters or wetlands.
13. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.
14. Water Contamination: All mechanized equipment shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the Permittee shall
immediately report it to the N.C. Division of Water Resources at [phone]
or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
AQUATIC LIFE
15. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
16. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with any water in or entering into waters of the United States. Water
inside coffer dams or casings that has been in contact with concrete shall only be
returned to waters of the United States when it no longer poses a threat to
aquatic organisms (concrete is set and cured).
COMPENSATORY MITIGATION
17. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined on the most recent
version of the attached Compensatory Mitigation Responsibility Transfer Form.
The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit.
12

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Microsoft Corporation, (Attn: Mr. Chris Sander) Action ID: SAW-2023-00665
Project Name: Boyd Farm Datacenter (CLT 10) County: Catawba
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03050102, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non Riparian
Coastal
607
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050102, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1214
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 31 January, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite
105, Wake Forest, NC 27587 (or by email to [e-mail] or [e-mail]. mil).
Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager
USACE Field Office:
Email:
K
5
Krystynka Stygar
Charlotte Regulatory Field Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
[e-mail]
January 19. 2024
Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Microsoft Corporation
File Number: SAW-2023-00665)
Date: 01/19/2024
Mr. Chris Sander
Attached is:
See Section
below
X
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil-
Works/Regulatory-Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of
this form and return the form to the district engineer. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
terms and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date
of this notice.
-1-

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of
the Army permit before final action has been taken on the Army permit application. The permit denial
without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate
processing of the Army permit application if subsequent approval is received from the appropriate
Federal, state, and/or local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD
or provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the
Corps within 60 days of the date of this notice means that you accept the approved JD in its
entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the
Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice.
The district will determine whether the information submitted qualifies as new information or data
that justifies reconsideration of the approved JD. A reconsideration request does not initiate the
appeal process. You may submit a request for appeal to the division engineer to preserve your
appeal rights while the district is determining whether the submitted information qualifies for a
reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further
consideration by the Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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If you have questions regarding this decision you
may contact:
District Engineer, Wilmington Regulatory Division
Attn: Krystynka Stygar
69 Darlington Ave
Wilmington, NC 28403
If you have questions regarding the appeal
process, or to submit your request for appeal, you
may contact:
Philip Shannin
Regulatory Appeals Review Officer
South Atlantic Division
60 Forsyth St SW, Floor M9
Atlanta, Georgia 30303-8803
Philip.A.Shannin2(a)usace.army.mil
404-562-5136
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or
your objections to an initial proffered permit in clear concise statements. Use additional pages as
necessary. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the
Corps memorandum for the record of the appeal conference or meeting, and any supplemental
information that the review officer has determined is needed to clarify the administrative record.
Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the
administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
and any government consultants, to conduct investigations of the project site during the course of the
appeal process. You will be provided a 15-day notice of any site investigation and will have the
opportunity to participate in all site investigations.
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Signature of appellant or agent.
Date:
Email address of appellant and/or agent:
Telephone number:
i!