NAO-2017-02084- 17-V4208

Published Dec. 18, 2017
Expiration date: 1/18/2018

The District Commander has received a joint application for Federal and State permits as described below:

Lawrence Ramsey VDOT 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located at Latitude: 37°31'52" Longitude: 77°20'29" FEMA FIRM number: FM51087C0165C Nearest Community: Sandston - Surrounding Land Use: Commercial, Urban mix Basin: unnamed tributary to Gillie Creek / James River Basin Sub-basin: 2C. Lower James River Sub-basin Hydrologic Unit Code: 02080206. Intersect of I-64 and Route 156 in Henrico County, Virginia.  

PROPOSED WORK AND PURPOSE: The applicant proposes to replace the structurally deficient Structure 9760 east bound along I-64 and west bound structure 9762 along I-64, the two existing I-64 E and W bridges, over Route 156, with one structure and increasing the vertical clearance from 14’6” to 16’6”, required by AASHTO LRFD Bridge Design Specifications. The increase in vertical clearance will be derived from a combination of roadway profile raise and optimizing replacement structure depth. Widening will occur to the inside. No changes to the horizontal alignment of I64 are proposed however, Route 156 will be brought up to standard to the termini of the merge/acceleration lanes. The interchange will be converted from a cloverleaf to a partial cloverleaf in an attempt to reduce the construction limits and impacts along Route 156, the ramps, and the loops of the interchange. Crashes along I-64 will be reduced by removing the weave.  

An unnamed tributary to Gillie Creek that parallels a significant portion of the project was entirely avoided. Although there are extensive wetland impacts, there were additional wetland areas that were avoided. The wetlands that will be impacted are not ecologically diverse and were likely created along Route 156 by the construction of I-64, occurring primarily within the existing cloverleaves. All stockpile and staging areas have been designed and located within upland areas in an effort to avoid additional impacts. Construction access and staging will result in the temporary impact to 0.30 acres (13,391 square feet) of PEM wetland impacts and 1.07 acres (46,937 square feet) of PFO wetland impacts. In addition, 245 linear feet of a jurisdictional ditch within the project area will be impacted. Mitigation for wetland impacts will be compensated at a 2:1 ratio for 68,126 square feet of PFO wetland impacts (136,252 square feet) and a 1:1 ratio for 28,598 square feet of PEM wetland impacts (28,598 square feet) by purchasing 164,850 square feet of credits from the Chickahominy Environmental Mitigation Bank in Charles City County.  

The minimum amount of riprap necessary to provide stabilization will be utilized. Strict adherence to E&S measures will be ensured. Temporary impacts areas will be restored to original contours and seeded with a suitable native plant mix. Several roadway alternatives were considered which would have resulted in stream impacts and additional wetland impacts. The alternative chosen had the least amount of jurisdictional impacts.  

According to the CCB VA Eagles Nest Locator Map, Bald eagles are not present within 660' of the proposed project. The closest Bald eagle nests are within 3 miles (HE1703 - Last Checked/Occupied 2017 and HE1303 - Last Checked/Occupied 2017). According to the USFWS Bald eagle Concentration Area Map, Bald eagle Concentration Areas are not present within or near the proposed project limits. The FPWR Two Mile Buffer Map and List, lists 2NH Sites (1NL/SCU - Broadwater Creek, located approximately 2 miles from the proposed project site) and (1FL/CS - Chickahominy River I295 to Grapevine SCU - located approximately 1.4 miles from the proposed project). VDOT coordinated with DCR-DNH on 10/26/2017. Comments are still pending. According to IPAC, the NLEB is listed as threatened. Currently there are no known hibernacula and/or maternity roosts within a 1/4 mile and/or 150' of the proposed project limits. Since tree removal is part of the proposed scope of work, VDOT coordinated with USFWS for a may affect without incidental take determination on 06/22/2016. Comments were not received. 

VDOT Effect Determination: NO EFFECT. VDHR reviewed the CR studies and concurred with VDOT's determinations: Archaeological Site 44HE1186 is not eligible for the NRHP under Criterion D; Criteria A-C are considered not applicable. Bridges 2015 (VDHR No. 043-5861) and 2016 (VDHR No. 043-5860) are not eligible for the NRHP individually or as contributing resources to an historic district. Therefore, no historic properties present or affected. Stip. 2 Determination Date: 12/06/2016   

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated and a permit from the Henrico County Wetlands Board.  Project drawings are attached.  

AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.  

FEDERAL EVALUATION OF APPLICATION: 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. The decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments. All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The Environmental Protection Agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act).   

The Corps of Engineers 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 direct, indirect, and cumulative impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.  Anyone may request a public hearing to consider this permit application by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing. The District Commander will then decide if a hearing should be held. 

Preliminary review indicates that: No environmental impact statement will be required; after conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected. Based on this “no effect” determination, no further coordination with the Fish and Wildlife Service is required. No known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. Additional information might change any of these findings.   

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, 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 Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice.  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review 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 here: 

For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact

Review at (804) 698-4330 or e-mail: or  

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on January 18, 2018.  

PRIVACY & 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 U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers.  Submissions should not include any information that the submitter seeks to preserve as confidential.  

If you have any questions about this project or the permit process, contact Scharlene Floyd 757-201-7367 –