NAO-2021-03032 (Powerhouse95 Data Center Phase II, Spotsylvania County, Virginia)

Permit Application No. NAO-2021-03032-TREC
Project Name: Powerhouse95 Data Center Phase II

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:

APPLICANT:
PowerHouse95, LLC
1660 International Drive, Suite 500
McLean, Virginia 22102      

AGENT:         
TNT Environmental, Inc.
4455 Brookfield Corporate Drive, Suite 100
Chantilly, Virginia 20151

WATERWAY AND LOCATION:  The project would affect waters of the U.S. associated with unnamed tributaries to Massaponax Creek.  The project site is located at the south of Route 17 Mills Drive, east of Cosner Drive and in Spotsylvania County, Virginia (38.219889,  -77.47653).

PROPOSED WORK and PURPOSE:  The applicant requests authorization to construct Phase II of the PowerHouse95 Data Center project.  The project involves the construction of 3 buildings and associated infrastructure to include, but not limited to,  access roads, utilities, and stormwater management.  Permanent impacts associated with Phase II include 1.49 acre of palustrine emergent wetland (PEM), 0.84 acre of palustrine forested wetland (PFO), and 0.03 acre (693 linear feet) of intermittent stream channel.  

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.

AVOIDANCE AND MINIMIZATION: The applicant has stated the proposed layout was deigned to avoid and minimize impacts to waters of the U.S. to the maximum extent practicable while meeting the digital and power demands of the region and with consideration of limiting factors such as power availability. The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

The applicant has evaluated multiple design iterations and site-planning measures to avoid and minimize impacts to wetlands and other waters to the maximum extent practicable while still meeting the project’s purpose of providing 300 megawatt (MW) of additional data-center capacity. Early project concepts contemplated a higher MW output, but the overall capacity was reduced to limit the development footprint and avoid greater impacts to aquatic resources. The applicant also states that extensive site constraints—such as mandatory screening buffers, utility easements, and transmission-line corridors—dictated where facilities could be placed. Within these limitations, the layout was adjusted to shift buildings, access roads, and parking to upland areas where feasible. For example, the use of underground stormwater was considered to be non-feasible due to larger volume requirements that would expand ground disturbance and increase environmental impacts.

Several project components were also designed or located in ways intended to minimize unavoidable impacts. Substation siting was confined to the eastern portion of the property to co-locate with existing transmission infrastructure and reduce the amount of new utility corridor disturbance. Building footprints were refined to the smallest practicable size while still meeting operational and code requirements, and the applicant determined that consolidating parking or relocating entrance roads was not feasible due to county-approved access points, required sight distances, security protocols, and Americans with Disabilities Act (ADA) accessibility. In addition, the proposed two-story building height represents the maximum allowed under zoning; increasing vertical density was not permitted and therefore could not be used as a further avoidance measure. Finally, mechanical and generator equipment could not be placed on roofs due to zoning limits, safety considerations, and noise-mitigation needs, which constrained opportunities to shrink the equipment yard footprint.

Erosion and Sediment Control will also be enforced and monitored during the construction portion of the development to ensure no secondary impacts to the wetlands will occur.  The Corps is in the process of evaluating the avoidance and minimization measures as well as the alternatives analysis located within the joint permit application.

A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website: https://webapps.mrc.virginia.gov/public/habitat/search_permits.php

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: purchasing 3.17 wetland credits at a 1:1 ratio for the loss of palustrine emergent wetlands and 2:1 ratio for the loss of palustrine forested wetlands. The applicant will purchase 1,026 stream compensation credits as calculated by the Corps/ Virginia Department of Environmental Quality (VDEQ) approved stream assessment methodology.  All credits will be purchase from a Corps approved wetland and/or stream mitigation bank.

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 for the proposed action. Any required consultation will be completed by the Corps.

The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. 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 District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or Tribal Historic Preservation Office, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, and the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat

ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 of the Endangered Species Act (ESA) any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the USFWS for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

The USFWS IPaC Official Species List and Species Conclusion Table are attached for review and comment by the USFWS and the National Marine Fisheries Service (NMFS).

ESSENTIAL FISH HABITAT (EFH):

There is no EFH in the Corps area of responsibility.

NAVIGATION:

The proposed structure or activity is not located in the vicinity of a federal navigation channel.

VIRGINIA’S COASTAL ZONE MANAGEMENT (CZM) PROGRAM: For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). It is the applicant’s responsibility to submit a consistency certification to the OEIR at eir@deq.virginia.gov for concurrence or objection, and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found in the Federal Consistency Manual here: https://www.deq.virginia.gov/our-programs/environmental-impact-review/federal-consistency.

For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 659-1915 or e-mail: bettina.rayfield@deq.virginia.gov.

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 VDEQ. 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 VDEQ. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency (USEPA) Administrator when it has received a Department of the Army (DA) permit application and the related certification. The USEPA 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 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, USEPA, under authority of Section 404(b) of the CWA 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 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 27, 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 Anna Lawston at anna.r.lawston@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.