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:
Andrew Dietrich
Dewberry Engineers Inc.
8401 Arlington Boulevard
Fairfax, VA 22031
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Wahrani Swamp, Beaverdam Creek, branches of the Diascund Creek, and an unnamed tributary to Diascund Creek Reservoir. The project/review area is located between Mile Marker (MM) 215.6 and MM 224.3 ; at project start Latitude 37.493021° Longitude -77.006140° and project end Latitude 37.446404° Longitude -76.862609°; in New Kent County, Virginia.
PROPOSED WORK and PURPOSE: The applicant proposes to construct additional travel lanes along approximately 8.7 miles of I-64 from MM 215.6 and MM 224.3. The widening would take place in the median of I-64 within the existing Right-of-Way (ROW). The proposed project also includes the replacement of three bridges (EB/WB I-64 over Wahrani Swamp, Route 627 (Good Hope Road) and Beaverdam Creek). The proposed project is the last of three segments referred to as ‘The Gap’, as it will adjoin segments of the interstate between two areas that are six lanes or greater. The proposed project will provide capacity improvements, safety enhancements, and operational benefits for the I-64 corridor. The proposed project would temporarily impact 0.12 acres of palustrine forested wetlands (PFO) and 0.01 acres of palustrine emergent wetlands (PEM) and 3,344 linear feet of streams, permanently impact 1.44 acres of PFO wetlands, 0.01 acres of PEM wetlands and 2,964 linear feet of streams, and permanently convert 0.95 acres of PFO wetlands to PEM wetlands.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The majority of the project’s impacts result from the extension of the roadway fill slope and require lateral fill of wetlands and the extension and/or replacement of existing pipes and culverts. During preliminary design and planning stages, jurisdictional waters and wetlands were identified, incorporated into design files and avoided wherever practicable. The proposed work is within the existing operational ROW and has been designed to avoid the need for stormwater management facilities, which minimizes the project footprint and reduced impacts to jurisdictional features. Extensive collaborative project plan reviews were conducted to reduce grading limits and construction access areas in the vicinity of jurisdictional features, resulting in the elimination and reduction of numerous impact areas. Culvert clean-out/maintenance activities were limited to one side of the culvert, where practicable, to reduce construction access areas and impacts to adjacent streams and wetlands. Where practicable, rip rap outlet protections were located and shortened to minimize impacts to adjacent streams and wetlands. Additionally, multiple areas throughout the project, and especially around PFO wetlands, have been set aside as to avoid tree clearing.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website: webapps.mrc.virginia.gov/public/habitat/additionaldocs.php?id=20252004.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The 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 impacts, and 1:1 for PFO to PEM conversation impacts. To mitigate for the unavoidable wetland impacts the project will require 3.84 acres of wetland mitigation credits and 3,475 stream compensation credits. VDOT has committed to providing up to 4 acres of wetland credits and 3,000 stream credits. As such, it is anticipated that this project will utilize VDOT-allocated credits to satisfy all of the required wetland mitigation credits. This project will also utilize the available 3,000 VDOT-allocated stream credits. Mitigation for the required stream credits in excess of the 3,000 provided credits is currently proposed through the purchase of credits from Windrow Mitigation Bank. This project does not propose the use of Permittee Responsible Mitigation (PRM).
CULTURAL RESOURCES:
Pursuant to 36 CFR 800.2(a)(2) the Federal Highway Administration (FHWA) 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 FHWA.
In September of 2022, VDOT initiated efforts to identify archaeological resources within the APE for the I-64 Gap projects as well as to identify architectural resources within the APE that reached the requisite age (50 years old) since completion of the PA in 2013. Section 106 compliance was re-coordinated with DHR to confirm the findings of the additional survey efforts and, on April 26, 2024, the DHR State Historic Preservation Officer (SHPO) concurred with the findings of the additional studies and the conclusion that the Project would have No Effect on historic properties.
ENDANGERED SPECIES: 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 FHWA is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the FHWA.
Coordination with USFWS has been initiated for the preparation of a Biological Assessment (BA) evaluating the potential effects of the proposed I-64 GAP Segment B Widening project from MM 215.6 and MM 224.3 on threatened, endangered, and proposed endangered species that are federally listed and proposed to be listed under the ESA. The BA identifies specific project design elements that avoid or minimize adverse effects of the Project on listed species, proposed species, and/or critical habitat.
ESSENTIAL FISH HABITAT: The FHWA is the lead Federal agency for Essential Fish Habitat consultation for the proposed action. Any required consultation will be completed by the Federal Highway Administration.
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.
SECTION 408: The proposed project will not alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408 (Section 408)).
VIRGINIA’S COASTAL ZONE MANAGEMENT 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.
The applicant has submitted a request for concurrence to the OEIR, which is currently under review.
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 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.
The Norfolk District will receive written comments on the proposed work, as outlined above, until 15, 2025. 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 Steven VanderPloeg, steven.a.vanderploeg@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.