TO WHOM IT MAY CONCERN: The Norfolk District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:
AGENT:
Wetland Studies and Solutions, Inc. (WSSI)
c/o Mr. Robbie Clark
5300 Wellington Branch Drive, Suite 100
Gainesville, VA 30155
WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed tributaries to Broad Run. The project/review area is located southeast of the intersection of Old Ox Road (Route 606) and Beaver Meadow Road (Route 614) in Loudoun County, Virginia, at approximately Latitude 38.95945 N and Longitude -77.48850 W.
PROPOSED WORK and PURPOSE: The applicant requests authorization to modify Corps Individual Permit NAO-2006-07410 for the Digital Dulles data center campus in Loudoun County, Virginia. The proposed modification includes additional wetland and stream impacts associated with reconfiguration of previously approved site layouts, construction of two additional data center buildings, relocation and expansion of two substations, expansion of an overhead electrical transmission easement, and updates to stormwater management facilities.
The currently authorized project includes approximately 7.31 acres of wetland impacts and 420 linear feet of stream impacts to palustrine forested (PFO), palustrine scrub-shrub (PSS), and palustrine emergent (PEM) wetlands, some of which have already occurred. Construction has proceeded in phases, with impacts not yet initiated, in progress, or complete. The applicant proposes an additional 1.20 acre of permanent wetland impact and 21 linear feet of permanent stream impact. Under the proposed modification, total impacts would be approximately 8.91 acres of wetlands and 441 linear feet of stream channel, including palustrine open water (POW). The modification reflects a combination of unchanged impacts, refinements that increase or decrease previously authorized impacts, avoidance of one authorized impact, and three new impact areas associated with a relocated substation pad, stormwater management facilities, and expansion of an overhead transmission line.
The stated purpose of the project is to construct a large-scale, phased data center campus, including the substation capacity and electrical transmission infrastructure necessary to support continued regional demand. According to the applicant, the modification is proposed to accommodate updated substation sizing requirements, revised stormwater management needs, and the addition of two data center buildings.
AVOIDANCE AND MINIMIZATION: The applicant states that the project layout was revised to avoid and minimize impacts to waters of the United States to the maximum extent practicable while accommodating changes to site design, substation capacity, stormwater management, and building placement.
According to the applicant, the reconfiguration is driven by increased size requirements for Substations #02 and #06, updated electrical infrastructure standards, realignment of the overhead transmission line, and construction of two additional data center buildings. The applicant states that the orientation and footprint of the substations and transmission easement are dictated by utility provider requirements and cannot be further reduced.
Stormwater management facilities were redesigned to meet updated local and state requirements. The applicant states that some facilities required enlargement or relocation and that underground detention was evaluated but found infeasible beneath building pads or substations due to safety, access, and storage capacity constraints. Proposed Pond 2-3 and Pond 1-1 were sized based on drainage needs and located in areas the applicant identifies as the only practicable locations.
The applicant states that project components were refined to reduce impacts where practicable, including adjustments to grading limits, stormwater facilities, and the southwestern substation layout. One previously authorized impact was avoided, several impacts were reduced, and three new impacts are proposed in association with a relocated substation pad, a new stormwater management facility, and expansion of the overhead transmission line easement.
The applicant indicates that placing the two additional data center buildings adjacent to the existing campus reduces the need for new off-site infrastructure. According to the applicant, development at other locations would require additional utility installations and could result in greater impacts to aquatic resources.
The Corps is continuing to evaluate the applicant’s avoidance and minimization measures and requested additional information on December 1, 2025.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website: Application Number 20201114 and Application Number 20252364.
COMPENSATORY MITIGATION: The applicant states that compensatory mitigation for previously authorized impacts has been completed. To offset the additional permanent impacts proposed under this modification, the applicant proposes to purchase 2.28 wetland mitigation credits and 26 stream mitigation credits from an approved mitigation bank or from the Virginia Aquatic Resources Trust Fund.
CULTURAL RESOURCES: Pursuant to 36 CFR 800.2(a)(2) the Corps is the lead Federal agency responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA) for the proposed action. Any required consultation will be conducted by the Corps.
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the NHPA. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer (SHPO), federally recognized tribes, and other interested parties.
The Corps evaluated the undertaking pursuant to Section 106 of the NHPA utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places (NRHP) and initially determines that cultural resources investigations have previously been conducted within portions of the project area, with additional studies completed in areas added since issuance of the original permit. Prior archaeological and architectural surveys identified resources recommended as not eligible for listing in the NRHP, and the Virginia Department of Historic Resources (DHR) concurred with those recommendations. More recent surveys revisited previously identified architectural resources and evaluated newly added areas. Some of these recommendations have not yet been reviewed by DHR.
The Corps is currently reviewing the submitted cultural resources documentation and is awaiting additional information requested on December 1, 2025, to complete its evaluation of potential effects to historic properties. Consultation with DHR and Tribal Nations will be conducted, as appropriate, in accordance with Section 106 of the NHPA. The District Engineer’s final eligibility and effect determinations will be based on the results of that coordination and consideration of the undertaking’s potential direct and indirect effects within the Corps-identified permit area and area of potential effect (APE).
ENDANGERED SPECIES: The Corps has conducted an initial review of the application and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) system to evaluate the potential presence of federally listed, proposed, or candidate species and designated critical habitat within the vicinity of the proposed project.
Based on the IPaC Official Species List, no federally listed threatened or endangered species or designated critical habitat are identified within the project area. The IPaC system identifies the following proposed species as potentially occurring within the project area:
|
Species Common Name and/or Critical Habitat Name
|
Scientific Name
|
Federal Status
|
|
Tricolored Bat
|
Perimyotis subflavus
|
Proposed Endangered
|
|
Green Floater
|
Lasmigona subviridis
|
Proposed Threatened
|
|
Monarch Butterfly
|
Danaus plexippus
|
Proposed Threatened
|
All tree clearing associated with the currently authorized limits of Phase I and Phase II of the Digital Dulles project has occurred. The proposed modification includes approximately 119.3 acres of additional tree clearing. The Corps conducted a preliminary review of the proposed modification and environmental conditions within the Corps-identified action area. The proposed work consists of grading, stormwater management facilities, substation relocation, road crossings, transmission easement work, and associated tree clearing within an active, previously disturbed development footprint.
Based on the absence of documented suitable roosting or foraging habitat for the Tricolored Bat, the absence of suitable perennial stream or riverine habitat for the Green Floater within the action area, and the lack of documented milkweed resources or suitable breeding habitat for the Monarch Butterfly, the Corps preliminarily determines that the proposed action would have no effect on these proposed species and would not jeopardize their continued existence. Conferencing with the USFWS is therefore not required at this time.
Pursuant to Section 7 of the Endangered Species Act (ESA), any required consultation will be conducted in accordance with 50 CFR Part 402. The Corps is the lead Federal agency for ESA compliance for the proposed action.
This public notice serves as a request to the USFWS for any additional information regarding the presence of listed or proposed threatened or endangered species or designated critical habitat that may be affected by the proposed activity. The USFWS IPaC Official Species List is attached.
ESSENTIAL FISH HABITAT: The Corps is the lead Federal agency for Essential Fish Habitat (EFH) compliance for the proposed action. Based on available information, no EFH is present within or near the project area and consultation is not required.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: No concurrence is required because the project is not located within Virginia’s Coastal Zone.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Virginia Department of Environmental Quality. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the Corps. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the Corps. Submissions should not include any information that the submitter seeks to preserve as confidential.
The Norfolk District will receive written comments on the proposed work, as outlined above, until February 5, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs. The Corps point of contact for this project is Brittany Kopitsky (brittany.d.kopitsky@usace.army.mil).
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.