[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9415-9419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03397]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2021-0018]


Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Highway Project; Cities of Chesapeake and Suffolk, Virginia

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: FHWA, in coordination with the Virginia Department of 
Transportation (VDOT), is issuing this notice of intent to solicit 
comment and advise the public, agencies, and stakeholders that an 
Environmental Impact Statement (EIS) will be prepared to study 
potential improvements to seven miles of Interstate 664 (I-664) and the 
Bowers Hill Interchange area at the confluence of I-664, I-64, I-264, 
U.S. Route 460, U.S. Route 58, U.S. Route 13 and Jolliff Road in the 
cities of Chesapeake and Suffolk, Virginia. Persons or agencies who may 
be affected by the proposed project are encouraged to comment on the 
information in this notice and the Supplementary Notice of Intent 
Document. All comments received in response to this Notice of Intent 
Document will be considered and any information presented herein, 
including the preliminary purpose and need, preliminary alternatives 
and identified impacts, may be revised in consideration of the 
comments.

DATES: Comments must be received by March 21, 2022.

ADDRESSES: This Notice of Intent (NOI) and the Supplementary NOI 
Document are available in the docket referenced above at http://www.regulations.gov and on the project website located at 
www.bowershillinterchange.com. The Supplementary NOI Document also will 
be mailed upon request. Interested parties are invited to submit 
comments by any of the following methods:
    Website: For access to the documents, go to the Federal eRulemaking 
Portal located at http://www.regulations.gov or the project website 
located at www.bowershillinterchange.org. Follow the online 
instructions for submitting comments.
    Fax: 804-775-3356.
    Mailing address or for hand delivery or courier: Federal Highway 
Administration, 400 North 8th Street, Suite 750, Richmond, Virginia 
23219.
    Email address: [email protected].
    All submissions should include the agency name and the docket 
number that appears in the heading of this Notice. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided. A summary of the comments 
received will be included in the Draft EIS.

FOR FURTHER INFORMATION CONTACT: FHWA: Eric Rothermel, Environmental 
Protection Specialist, Federal Highway Administration--Virginia 
Division, 400 North 8th Street, Suite 750, Richmond, VA 23219-4825; 
email: [email protected]; 804-775-3347. VDOT: Scott Smizik, 
Assistant Environmental Division Director, Virginia Department of 
Transportation, 1401 East Broad Street, Richmond, VA, 23219; email: 
[email protected]; 804-371-4082.

SUPPLEMENTARY INFORMATION: It is important to note that the FHWA and 
VDOT are committed to public involvement in this project. All public

[[Page 9416]]

comments received in response to this notice will be considered and 
potential revisions made to the information presented herein as 
appropriate. The environmental review of transportation improvement 
alternatives for the Bowers Hill Interchange area and approximately 
seven miles of I-664 will be conducted in accordance with the 
requirements of the National Environmental Policy Act (NEPA) of 1969, 
as amended (42 U.S.C. 4321, et seq.), 23 U.S.C. 139, Council on 
Environmental Quality (CEQ) regulations implementing NEPA (40 CFR 1500-
1508), FHWA regulations implementing NEPA (23 CFR 771.101-771.139) and 
all applicable Federal, State, and local governmental laws and 
regulations.
    Background. In 2017, the Hampton Roads Transportation 
Accountability Commission (HRTAC) designated funding to study the 
Bowers Hill Interchange and included it as a priority project. FHWA and 
VDOT proceeded with an Environmental Assessment (Bowers Hill EA) in 
February 2018 that included a study area limited to the Bowers Hill 
Interchange area, located at the junction of Interstates 664, 264, and 
64, in addition to Route 13/58/460 and Jolliff Road in Chesapeake, 
Virginia.
    The Bowers Hill EA, which was subject to Virginia's NEPA/Section 
404 Merged Process Agreement (merged process), evaluated two 
alternatives in addition to a no-build scenario--Alternative 1, which 
analyzed eastbound and westbound braided ramps; and Alternative 2, 
which considered full reconstruction of the Bowers Hill Interchange.
    Consistent with the merged process, Cooperating Agencies with a 
concurring role concurred upon Environmental Analysis Methodologies, 
Purpose and Need, and a Range of Alternatives. In April 2019, FHWA 
approved the Bowers Hill EA for public availability. A public hearing 
was held on May 9, 2019. It is important to note that the concurring 
role in the merged process has coordination points for the Cooperating 
Agencies. These coordination points are intended to signify that the 
information is sufficient for each agency's purposes in the fulfillment 
of their respective statutory requirements. The concurring roles at 
these points does not signify that public comments will not be 
considered, and changes made as a result of such consideration.
    In early 2020, the Hampton Roads Transportation Planning 
Organization, in consultation with VDOT and HRTAC, formally expanded 
the study area to include seven additional miles north along I-664 to 
the College Drive Interchange and expanded the scope of the study to 
consider planned and existing express lanes in the region. The outcome 
of this expansion was an acknowledgement that the new scope of study 
could result in a significant impact on the human environment. Based on 
these actions, VDOT did not pursue a NEPA decision on the Bowers Hill 
EA, but instead began to plan pre-Notice of Intent (NOI) activities to 
support what was assumed would be an EIS for the expanded scope.
    The following information provided in the NOI is supplemented with 
more detail in the Supplemental NOI Document.

(a) The Preliminary Purpose and Need for the Proposed Action

    The purpose of the Bowers Hill Study is to reduce current 
congestion, improve travel reliability, and provide additional travel 
choice on I-664 from and including the Bowers Hill Interchange to 
College Drive.
    The following needs have been identified for the study:
     Reduce Congestion--current and future travel demand exceed 
capacity that causes congestion and gridlock on I-664 in the study 
area;
     Improve Travel Reliability--current and future congestion 
will increase travel time while reducing the reliability of trips on I-
664 in the study area; and
     Provide Additional Travel Choice--current and future lack 
of roadway travel choices exacerbates congestion and reduces travel 
reliability.
    The preliminary Purpose and Need was developed with agency 
coordination and public input, as described in section e; see the 
Supplemental NOI Document for details on the development of the Purpose 
and Need. The U.S. Environmental Protection Agency (USEPA) and the U.S. 
Army Corps of Engineers (USACE) concurred with the preliminary Purpose 
and Need in December 2020. Agencies and the public are invited to 
comment on the Purpose and Need. The Purpose and Need statement and 
supporting documentation, including data and public input summary, will 
be available in the Draft EIS. The Purpose and Need may be revised 
based on comments received during the comment period on this notice.

(b) A Preliminary Description of the Proposed Action and Alternatives 
the Environmental Impact Statement Will Consider

    The proposed action is anticipated to include improvements to the 
Bowers Hill Interchange and approximately seven miles of I-664 in the 
cities of Chesapeake and Suffolk, Virginia. Agencies and the public are 
invited to comment on the Range of Alternatives for the proposed 
action. Additional information on the Range of Alternatives is in the 
Supplementary NOI Document. The Range of Alternatives proposed to be 
considered in the EIS are the following:

No-Build

    In accordance with the Council on Environmental Quality's 
regulations implementing NEPA (40 CFR 1502.14(c)), the No-Build 
Alternative will be retained for detailed study and will serve as a 
benchmark for comparison with the build alternatives. The No-Build 
Alternative would retain the existing configuration of I-664 in the 
study area, including interchanges, access roads and ramps. The No-
Build Alternative assumes the I-64 High Rise Bridge project including 
express lanes up to the south portion of the Bowers Hill Interchange, 
which is under construction, will be completed.

One Managed Lane and Drivable Shoulder

    This alternative includes adding one full-time managed lane to each 
direction of I-664 throughout the study area, providing a total of six 
lanes. This alternative also includes interchange (including the Bowers 
Hill Interchange) and bridge improvements to accommodate the additional 
lane and a part-time drivable shoulder as part of a managed lane 
system. This alternative would meet purpose and need by accommodating 
travel demand, reducing congestion, improving travel reliability, and 
providing travel choice.

Two Managed Lanes

    This alternative includes adding two full-time managed lanes to 
each direction of I-664 throughout the study area, providing a total of 
eight lanes. Interchange (including the Bowers Hill Interchange) and 
bridge improvements to accommodate the additional lanes are included in 
this alternative. This alternative would meet the purpose and need by 
accommodating travel demand, reducing congestion, improving travel 
reliability, and providing travel choice.

Concepts Considered but Proposed To Not Be Retained for Consideration 
in the EIS

Addition of One General Purpose Lane

    This concept would include the addition of one General Purpose (GP) 
lane to each direction of I-664 throughout the study area, providing a 
total of six GP lanes. Two options for this concept include (1) Route 
58

[[Page 9417]]

braided ramps and (2) full reconstruction of the Bowers Hill 
Interchange. This concept is proposed to not be retained because it 
does not provide additional travel choice, does not separate regional/
through traffic from weaving, merging, and diverging at congested 
interchanges, and would not be consistent with regional transportation 
plans.

Addition of Two General Purpose Lanes

    This concept would include addition of two additional GP travel 
lanes to each direction of I-664 throughout the study area, providing a 
total of eight GP lanes. Two options for this concept include (1) Route 
58 braided ramps and (2) full reconstruction of the Bowers Hill 
Interchange. This concept is proposed to not be retained because it 
does not provide additional travel choice, does not separate regional/
through traffic from weaving, merging, and diverging at congested 
interchanges, and would not be consistent with regional transportation 
plans.

Collector-Distributor (C-D) System

    Under this concept, new lanes separated from the mainline would be 
provided between interchanges. A C-D system's purpose is to move 
vehicle lane-changing, weaving and speed reduction away from the high-
speed traffic on the freeway mainline. This concept is proposed to not 
be retained because it does not provide additional travel choice, does 
not address mainline congestion, has a larger footprint and higher 
structure costs than other mainline improvement concepts, and is not 
consistent with regional transportation plans.

Transportation System Management (TSM)/Transportation Demand Management 
(TDM) Improvements

    TSM/TDM improvements are operational improvements that do not 
necessarily involve physical changes to infrastructure but rather 
maximize the efficiency of the current transportation system or reduce 
the demand for travel on the system through the implementation of low-
cost improvements. Examples of TSM activities include the addition of 
turn lanes, optimized signalization at intersections, and electronic 
Intelligent Transportation Systems. Examples of TDM activities include 
ride sharing, van and carpooling, installation of park and ride 
facilities, and encouragement of teleworking.
    Stand-alone TSM/TDM improvements are proposed to not be retained 
because they would not provide additional travel choice or reduce 
mainline congestion. TSM/TDM improvements could be included as part of 
a Preferred Alternative and are not precluded from being implemented in 
conjunction with other improvements.

Transit-Only Improvements

    Transit-only improvements considered include dedicated rail or bus 
transit facilities along I-664. This concept is proposed to not be 
retained because stand-alone transit improvements would not 
substantially reduce congestion or improve travel reliability, and it 
is not consistent with regional transportation plans.
    The above preliminary Range of Alternatives proposed to be retained 
for consideration in the EIS were concurred upon by USACE and USEPA on 
May 12, 2021. The alternatives would meet the preliminary Purpose and 
Need, detailed in section a. The alternatives to be retained will be 
finalized after the consideration of comments received during the 
comment period on this Notice, and they will be documented in the Draft 
EIS. The alternatives may be revised based on the consideration of 
public comments. The concepts not retained will also be documented in 
the Draft EIS. See the Supplemental NOI Document for a more detailed 
description of the development of the preliminary Range of 
Alternatives.

(c) Brief Summary of Expected Impacts

    The EIS will evaluate the potential social, economic, and 
environmental effects resulting from the implementation of the build 
alternatives and the no build alternative. The following resources are 
the most sensitive resources in the project area and will be evaluated 
closely by FHWA and VDOT:
     Wetlands and Waters of the U.S.: Both build alternatives 
would require fill and removal from Waters of the U.S. and impacts to 
wetlands considered to be jurisdictional which will require a permit 
from the U.S. Army Corps of Engineers (USACE) for the discharge of 
dredged or fill material into Waters of the U.S., including wetlands.
     Relocations: The build alternatives may require 
approximately 95 relocations. VDOT and FHWA will work closely with the 
impacted stakeholders and designers to reduce the number of 
relocations.
     Environmental Justice: There is the potential for impacts 
to communities eligible for consideration as environmental justice 
communities that are low-income and minority due to right-of-way 
requirements, increases in noise, or other environmental factors. FHWA 
and VDOT will work closely with the community to avoid, minimize and 
mitigate these impacts.
    The EIS will evaluate the expected impacts and benefits to the 
known resources above, as well as the following resources: Land use and 
right-of-way, farmland, social and community resources, economics, air 
quality, transportation, traffic noise, ecosystem resources (wildlife 
and threatened and endangered species), historic Section 4(f) 
properties, hazardous waste sites, and visual resources. The level of 
review of the identified resources for the EIS will be commensurate 
with the anticipated effects to each resource from the proposed project 
and will be governed by the statutory or regulatory requirements 
protecting those resources.
    The analyses and evaluations conducted for the EIS will identify 
the potential for effects; avoidance measures; whether the anticipated 
effects would be adverse; and mitigation measures for adverse effects. 
Additional information on the expected impacts is provided in the 
Supplementary NOI document available for review in the docket 
established for this project and on the project website as noted in the 
ADDRESSES section. Comments on the expected impacts to be analyzed in 
the DEIS are welcomed during the NOI comment period.
    Agencies, stakeholders, and the public are invited to comment on 
the expected impacts. The environmental impact analysis will not begin 
until the Purpose and Need, Range of Alternatives and impact categories 
are finalized based on public comment on this notice. The 
identification of impacts may be revised due to the consideration of 
public comments. See the Supplementary NOI Document for a more detailed 
description of the Summary of Expected Impacts. The studies to identify 
the impacts, as well as the analyses of impacts from the retained 
alternatives, will be presented in the Draft EIS.

(d) Anticipated Permits and Other Authorizations

    A Clean Water Act Section 404 permit decision from the USACE is 
anticipated on December 31, 2035. Other likely Federal and State 
authorizations include the Virginia Marine Resources Commission (VMRC) 
Subaqueous Bottoms And Tidal Wetlands Permit on December 31, 2035, a 
Virginia Department of Environmental Quality (VDEQ) Individual Permit 
on December 31, 2035, Section 305 Essential Fish Habitat Permit on 
December 31, 2035, and a Coastal Zone Consistency Determination on 
December 31, 2035. Per 23 U.S.C. 139(d)(10), the

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aforementioned permits and authorizations should be completed by no 
later than 90 days after the issuance of the Record of Decision. 
However, for this project VDOT has requested in accordance with 23 
U.S.C. 139(d)(10)(C)(ii) that those permits and authorizations follow a 
different timeline because the construction date is not expected until 
2035 or later.
    Section 7 consultation under the Endangered Species Act is expected 
to be concluded on May 16, 2023, and Section 106 consultation under the 
National Historic Preservation Act is anticipated to be concluded on 
August 9, 2022. See the Supplemental NOI Document for more detail on 
the anticipated permits and other authorizations.

(e) Scoping and Public Review

Agency Scoping

    In July 2020 as part of initial NEPA scoping to determine the class 
of action, VDOT and FHWA identified and invited agencies who would 
likely serve as Participating, Cooperating, and Cooperating/Concurring 
Agencies for the new study. These agencies are largely the same 
entities involved in the preparation of the Bowers Hill EA.
    Beginning in August 2020, VDOT and FHWA began to brief the likely 
Participating, Cooperating, and Cooperating/Concurring Agencies on 
initial NEPA scoping activities to support the study. Consistent with 
the merged process, USACE and USEPA agreed to provide concurrence on 
key study milestones (Environmental Analysis Methodologies, Purpose and 
Need, and Range of Alternatives) as part of initial NEPA scoping. 
Agencies and the public are invited to comment on the Environmental 
Analysis Methodologies, Purpose and Need, and Range of Alternatives for 
the proposed action.
    Agency coordination up to this point has been conducted primarily 
through VDOT's monthly NEPA Agency Coordination Meeting, to which all 
likely Participating, Cooperating and Cooperating/Concurring Agencies 
are invited. More information on these meetings is available in the 
Supplemental NOI Document, including presentations and meeting 
summaries. A brief summary of agency coordination is included below.

August 2020

     Bowers Hill Interchange Improvements Study introduction;
     Discussion on proposed Environmental Analysis 
Methodologies. The Environmental Analysis Methodologies are available 
in the Supplemental NOI Document.

September 2020

     USACE and USEPA concurrence on Environmental Analysis 
Methodologies;
     Introduction to Purpose and Need process and potential 
Purpose and Need elements as described in section a above.

October 2020

     Agency update on the Purpose and Need survey;
     Review of data to inform potential Purpose and Need 
elements.

November 2020

     Presentation on final results of the Purpose and Need 
survey;
     Continued discussion on data and information to support 
potential Purpose and Need elements.

December 2020

     USACE and USEPA concurrence on Preliminary Purpose and 
Need;
     Introduction of range of concepts;
     Introduction of study schedule.

January 2021

     Study schedule discussion; continued consideration of the 
range of concepts;
     Discussion of known resources in the study area.

February 2021

     Citizen comment opportunity briefing; continued discussion 
of the range of concepts.

March 2021

     Agency update on citizen comment opportunity;
     Continued discussion of the range of concepts; 
introduction to permitting approach.

April 2021

     Final update on citizen comment opportunity;
     VDOT recommendation on the Preliminary Range of 
Alternatives;
     Agency input on permitting assumptions.

May 2021

     USACE and USEPA concurrence on the Preliminary Range of 
Alternatives;
     Next steps.
    As of the date of this notice, the USACE and the USEPA have 
accepted the role of Cooperating/Concurring Agencies under the merged 
process. An Agency Coordination Plan was completed that established a 
framework for coordination among the Federal, State, and local agencies 
participating in the study. The draft Agency Coordination Plan is in 
the Supplemental NOI Document.

Public Review

    As indicated above, VDOT has conducted a purpose and need survey as 
well as held a citizen comment opportunity. The project website will be 
updated with an informational video summarizing the study progress to 
date and next steps. A 30-day comment period is being held in 
association with this NOI. Comments may be submitted according to the 
instructions in the ADDRESSES section of this Notice. Interested 
persons can sign up to receive email announcements, notifications, and 
newsletters on the above project website. The scoping process for this 
EIS will conclude at the end of the 30-day comment period.
    Public hearings will be held during the course of the study, as 
described below. Generally, the locations, dates, and times for each 
public hearing will be publicized through the VDOT website 
(www.bowershillinterchange.com) and in newspapers with local and 
regional circulation, including the Suffolk News Herald, The Virginian-
Pilot, and Legacy Hampton Roads. Materials will be available at the 
meetings in English and Spanish and oral and written comments will be 
solicited.

Public Hearing on a Recommended Preferred Alternative

    A public hearing on VDOT's Recommended Preferred Alternative (RPA) 
is required by the Code of Virginia to inform the Virginia Commonwealth 
Transportation Board (CTB), which is authorized by the Code of Virginia 
to make location decisions for highway projects, including as part of 
NEPA studies.
    Several media will be used to advertise the public hearing on the 
RPA, including but not limited to newspaper advertisements, postcards 
sent to each property within the study area, a social media campaign, 
email, and continued updates to the study website.

Public Hearing on the Draft EIS

    Notice of availability of the Draft EIS for public and agency 
review will be published in the Federal Register and through other 
methods which will identify where interested parties can go to review a 
copy of the Draft EIS. The public hearing will be conducted by VDOT and 
announced a minimum of 15 days in advance. VDOT will provide 
information for the public hearing, including the location, date, and 
time for the meeting through a variety of means including the VDOT 
website

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(www.bowershillinterchange.com) and by newspaper advertisement.

(f) A Schedule for the Decision-Making Process

    Following the issuance of this notice, FHWA and VDOT will 
coordinate with the Participating, Cooperating, and Cooperating/
Concurring Agencies to develop study documentation and the Draft EIS.
     The Draft EIS is anticipated to be issued in August 2022.
     The combined Final EIS and Record of Decision is 
anticipated in November 2023.
     A Section 404 permit decision from the USACE is expected 
in December 2035.
    See the Supplemental NOI Document for additional schedule details.

(g) Request for Identification of Potential Alternatives, Information, 
and Analyses Relevant to the Proposed Action

    To ensure that a full range of issues related to the study are 
addressed and all potential issues are identified, FHWA invites 
comments and suggestions from all interested parties. The project team 
requests comments and suggestions on potential alternatives and 
impacts, and the identification of any relevant information, studies, 
or analyses of any kind concerning impacts affecting the quality of the 
human environment. Any information presented herein, including the 
preliminary purpose and need, preliminary range of alternatives and 
identification of impacts may be revised after consideration of the 
comments. The purpose of this request is to bring relevant comments, 
information, and analyses to the agency's attention, as early in the 
process as possible, to enable the agency to make maximum use of this 
information in decision making. Comments may be submitted according to 
the instructions in the ADDRESSES section of this Notice.

(h) Contact Information

    FHWA: Eric Rothermel, Environmental Protection Specialist, Federal 
Highway Administration, 400 North 8th Street, Suite 750, Richmond, VA 
23219-4825; email: [email protected]; (804) 775-3342.
    VDOT: Scott Smizik, Assistant Environmental Division Director, 
Virginia Department of Transportation, 1401 E Broad Street, Richmond, 
VA 23219; email: [email protected]; (804) 371-4082.

(Catalog of Federal Domestic Assistance Program Number 20.205, Highway 
Planning and Construction. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities apply to this program.)
    Authority: 42 U.S.C. 4321 et seq.; 23 CFR part 771.

    Issued on: February 11, 2022.
Thomas L. Nelson, Jr.,
Division Administrator, Federal Highway Administration, Richmond, 
Virginia.
[FR Doc. 2022-03397 Filed 2-17-22; 8:45 am]
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