NAO-2017-01828 / 18-V1148

Published July 31, 2018
Expiration date: 8/31/2018


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

Shirley Contracting Company, LLC
c/o Charles L. Smith, IV
8435 Backlick Road
Newington, Virginia 22079 

WATERWAY AND LOCATION OF THE AUTHORIZED WORK:  The project is located in waters and wetlands associated with the hydrologic unit code (HUC) 0208107 – Skimino and Queens Creek watersheds of the James River basin and the Chesapeake Bay sub-basin in James City and York Counties, Virginia. This is the third segment (Segment III – 8.2 miles) of a 75 mile section of I-64 that was evaluated with a Final Environmental Impact Statement (FEIS) conducted in 2013. Information concerning the purpose and need maybe found at:  

PROPOSED WORK AND PURPOSE: The proposed project is intended to increase capacity, decrease congestion, eliminate roadway deficiencies, improve emergency use and improve safety along 1-64. The proposed project, Segment III of the I-64 Capacity Improvements includes the reconstruction and widening of the existing Interstate 64 from four (4) to six (6) lanes from 1.05 Miles west of Route 199 (Humelsine Parkway) interchange, continuing 8.2 miles, to 1.15 miles west of Route 199 (Lightfoot). The proposed project will demolish and replace the existing pavement to provide an additional 12’ thru lane and a 12’ full paved shoulder in each direction, in addition to widening, realigning, and signalize the eastbound I-64 exit ramp to Route 143. Existing bridges within the project limits at Lakeshead Drive and Colonial Parkway will be repaired and widened, and the existing I-64 bridges over Queens Creek will be replaced.

Best Management Practices and implementation of approved plans and permits for storm water management, erosion and sediment control, and land disturbance permits, as applicable, will be completed.  

The FEIS evaluated the No Build, as well as Alternative 1A adding general purpose lanes to the outside of existing lanes, Alternative 1B – adding general purpose lanes in the median, Alternative 2A – adding lanes to the outside of the existing lanes and tolling all lanes, Alternative 2B – adding lanes to the median and tolling all lanes, and Alternative 3 – adding managed lanes to the median. Alternative 1B was the preferred alternative as it minimized impacts to undisturbed areas as well as right of way acquisitions. Ancillary facilities, e.g., storm water management facilities, noise barriers, etc., had to be located on the outside shoulder of the project, given the lack of sufficient room in the median, and the location of the impacted receptors. Based on the findings of the FEIS and Record of Decision (ROD), the preferred alternative in this segment, the median widening, was identified as having the least environmental impacts with 1018 linear feet of stream channel impacts and 3.4 acres of wetland impact per the June 2016 ROD. Cumulative impacts were addressed in the approved FEIS and ROD.

The majority of avoidance and minimization opportunities were vetted during the FEIS stage of this project. Primary impacts associated with the project include locations within the median for the roadway widening. Stormwater management basin locations were selected based upon areas identified by VDOT during the FEIS and preliminary design, and were then configured during design to avoid wetlands to the greatest extent practicable within this limited project area.

Culverts under the proposed roadway are designed to maintain hydrology across the site and to minimize secondary impacts to wetland and natural resources outside of the limits of disturbance. All culverts for the project are extensions of existing culverts or new culverts that are not stream to stream connections, thus there is no countersinking of culverts required for this project. 

The project has avoided and minimized impacts to the maximum extent practicable.Those impacts that could not be completely avoided will be mitigated at the prescribed ratios of 2:1 for PFO impacts, 1.5:1 for PSS impacts, 1:1 for PEM/POW impacts, and 1:1 for impacts from shading. To mitigate for the unavoidable wetland impacts, the project proposes to purchase 3.6 wetland credits from an approved wetland mitigation bank.  

Unavoidable wetland and WOUS impacts will be mitigated as required through the forthcoming permitting process with USACE and DEQ. Mitigation for the unavoidable WOUS impacts was determined using the approved Uniform Stream Methodology for use in Virginia. Mitigation is proposed through the purchase of credits from an approved mitigation bank within the same HUC code as the project. To mitigate for the WOUS impacts, the project proposes to purchase 3243 stream credits from an approved mitigation bank. The purchase of 2.35 wetland credits and 3243 stream credits fully offsets the proposed impacts to the project. The RIBITS print out for mitigation banks within the service area of this project with available credits has been provided in Appendix 1 and has been summarized below. Letters of Credit Availability have been requested from each bank and will be included in a separate correspondence. Proof of credit purchase will also be provided after permit issuance and before impacts to jurisdictional wetlands and/or streams due to construction.  

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated, a permit from the James City and York Counties Planning / Wetlands Board and a permit from the Virginia Marine Resources Commission.  Project drawings are attached. 

AUTHORITY: Permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and 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 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 modify, condition or deny this proposal. Comments are used to determine the need for a public hearing and to determine the overall public interest of the proposed modification. Anyone may request a public hearing to consider this modification 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.  

The Federal Highway Administration (FHWA) is funding the project and therefore has been designated by the Corps as the lead Federal agency to fulfill the collective Federal responsibilities under Section 7 of the Endangered Species Act of 1973 (PL 93-205), Section 106 of the National Historic Preservation Act of 1966 (PL 89-665), and the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (PL 104-267). The FHWA has preliminarily determined that:  (l) no environmental impact statement will be required; (2) the project is not likely to adversely affect any species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205); and (3) 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: 

COMMENT PERIOD: Comments on this request for modification 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-S), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on August 31, 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 –