December 12, 2024
CENAO-WRR
NAO-2024-02953
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
APPLICANT
Mr. Tom Heil
Allan Myers, Inc.
12500 Fair Lakes Circle, Suite 150
Fairfax, Virginia 23059
PROJECT LOCATION: The proposed project is located between mile marker (MM) 224.3 and MM 233.3 in James City County and York County, Virginia.
PROJECT SIZE: The project corridor is a 9-mile segment of Interstate 64.
NEAREST WATERWAY: France Swamp and various tributaries to the York and James rivers.
LATITUDE AND LONGITUDE: 37.4107022 / -76.7959039
PROJECT DESCRIPTION AND PURPOSE:
The proposed project is designed to upgrade I64 to enhance safety and capacity for the travelling public. The proposed project is the first of three “Gap” segments that will adjoin segments of I64 that have a minimum of six travel lanes. The proposed addition of a third lane in each direction will increase connectivity between Richmond and Hampton Roads. The project is anticipated to result in temporary impacts to 0.39 acres of wetlands and 25,580 square feet (2,799 linear feet) of streams as well as permanent impacts to 1.26 acres of wetlands and 17,882 square feet of streams (2,099 linear feet). The project will also result in the conversion of 0.31 acres of palustrine forested (PFO) wetlands to palustrine emergent (PEM) wetlands.
AVOIDANCE AND MINIMIZATION:
The majority of the impacts associated with this project result from extension of roadway fill slope to construct the proposed improvements. Jurisdictional waters and wetlands were identified during project planning and design and impacts have been avoided wherever possible. Avoidance and minimization of the identified features has been a central focus of project design and development. This is demonstrated in the following ways:
- All project staging and disposal areas have been located outside of jurisdictional areas.
- The project has been designed to avoid the need for stormwater management facilities which minimizes the project footprint and overall impact. This resulted in a reduction of stream impacts by 560 linear feet and wetland impacts by 0.2 acres.
- Work at culvert outlets is limited to the placement of riprap for outlet protection to limit channel erosion.
- Project review has led to a reduction in grading limits and construction access areas in the vicinity of jurisdictional areas. This resulted in the removal of several impact areas.
- Guardrail design has been optimized to reduce stream impacts by 2,630 linear feet and wetland impacts by 0.59 acres.
- Drainage ditch design has been optimized to reduce stream impacts by 230 linear feet and wetland impacts by 0.14 acres.
- Natural channel design has been implemented at several locations throughout the project corridor to minimize lateral stream channel impacts.
- Tree clearing limits have been minimized to avoid wetland conversion impacts.
- All instream work will be conducted in the dry to minimize downstream impacts.
COMPENSATORY MITIGATION:
Mitigation for unavoidable impacts is proposed at the prescribed ratios of 2:1 for PFO impacts, 1.5:1 for PSS impacts, 1:1 for PEM impacts, and 1:1 for PFO to PEM conversion impacts. Mitigation for unavoidable stream impacts was determined using Unified Stream Methodology (USM). Current estimates are that the project will require 2.83 acres of wetland credits and 2,500 linear feet of stream credits. This project proposes to obtain all mitigation credits from private mitigation banks in the Lower James River Watershed and the York River Watershed. This project does not propose any permittee responsible mitigation.
In addition, the applicant must obtain an Individual Section 401 Water Quality Certification or waiver from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website at: webapps.mrc.virginia.gov/public/habitat/additionaldocs.php?id=20241533
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, 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 (EIS) pursuant to the National Environmental Policy Act. Preliminary review of the application indicates that no EIS will be required.
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: The Federal Highway Administration (FHWA) is the lead Federal agency.
- In November 2022, the FHWA approved a Categorical Exclusion (CE) level National Environmental Policy Act (NEPA) document for I-64 Improvements from Exit 205 to Exit 234, which covers this phase (“Gap C”) of the proposed improvements.
- The initiated coordination with the U.S. Fish and Wildlife Service (USFS) on June 18, 2024. The applicant searched the USFWS IPaC system and found potential for the Northern Long-eared Bat, Tricolored Bat, and Small Whorled Pogonia within the area of potential efffect. The applicant submitted a Biological Assessment to USFWS on 09/13/2024. The Biological Assessment was informed by an Acoustic Bat Survey to document the presence of bats within the project corridor as well as a Habitat Assessment to for Small Whorled Pogonia.
- The applicant has completed coordination with the Virginia Department of Historic Resources (DHR). On September 15, 2023, DHR staff provided correspondence concluding that “No Historic Properties.”
- There is no Essential Fish Habitat (EFH) in the Corps area of responsibility for this project.
- 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 for concurrence or objection, and proof of concurrence must be submitted to the Corps prior to final permit issuance. USACE has received documentation that the applicant submitted CZMA consistency documentation to DEQ on November 26, 2024.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM:
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.
COMMENT PERIOD:
Comments on this project should be in writing and can be sent by either email to justin.summers@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on January 13, 2025.
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 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
Mr. Justin Summers, justin.summers@usace.army.mil, (540) 986-6793.