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Notice of Intent To Prepare an Environmental Impact Statement for a Proposed Highway Project; Cities of Chesapeake and Suffolk, Virginia Publication: Federal Register Agency: Federal Highway Administration Byline: Thomas L. Nelson, Jr. Date: 18 February 2022 Subjects: American Government  , The Environment, Roads & Highways
Topic: Interstate Highway System |
[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: Eric.Rothermel@dot.gov.
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: Eric.Rothermel@dot.gov; 804-775-3347. VDOT: Scott Smizik,
Assistant Environmental Division Director, Virginia Department of
Transportation, 1401 East Broad Street, Richmond, VA, 23219; email:
Scott.Smizik@vdot.virginia.gov; 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
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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
[[Page 9418]]
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: Eric.Rothermel@dot.gov; (804) 775-3342.
VDOT: Scott Smizik, Assistant Environmental Division Director,
Virginia Department of Transportation, 1401 E Broad Street, Richmond,
VA 23219; email: Scott.Smizik@vdot.virginia.gov; (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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