NAO-2013-1975
The district commander has received a joint application for federal and state permits as described below:
APPLICANT
Corman Construction Incorporated
12001 Guilford Road
Annapolis Junction, Md. 20701
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located along Interstate 64, at the State Route 288 interchange and crossing of Little Tuckahoe Creek, a tributary of the James River,
in Goochland County, Va.
PROPOSED WORK AND PURPOSE: The applicant proposes to replace the existing westbound and eastbound bridges of Interstate 64, and construct an additional bridge in both directions over Little Tuckahoe Creek in association with VDOT project number 0064-964-110. The new bridges will widen the existing four-lane divided freeway to a six-lane divided freeway, which will relieve traffic congestion and improve safety in the corridor. All of the construction will occur in the existing Virginia Department of Transportation Right of Way. The project will permanently impact 0.64 acres of Palustrine Forested Wetlands, temporarily impact .056 acres of Palustrine Forested Wetlands, and permanently impact 60 square feet of jurisdictional ditch for the construction of the bridges and to make the necessary drainage improvements.
The applicant proposes to mitigate for the proposed impacts by purchasing 1.28 wetlands credits from the Elk Island Mitigation Bank. The applicant indicated that proposed impacts to Waters of the U.S have been avoided and minimized by the bridging of the stream crossing to minimize fill in jurisdictional features.
This permit application is a single and complete crossing that is part of a project known as VDOT project number 0064-964-110, which will widen Interstate 64 from four lanes to six lanes in 4.52 mile-long corridor that begins at a point approximately 0.99 miles west of the Route 623 interchange in Goochland County, Va., and ends approximately 0.38 miles west of the Interstate 295 interchange in Henrico County, Va. This permit application is just for the impact area at the crossing of Little Tuckahoe Creek. The remaining impacts for this federally funded road widening project will be authorized with a State Programmatic General Permit, permit number WP3-14-0011.
In addition to the required Department of the Army permit, the applicant must obtain a permit from the VMRC, and 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. 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), 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 Army 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 Army 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 15 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, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal zone (Tidewater) will be conducted in a manner consistent with the Virginia Coastal Resources Management Program (VCP).
For more information or to obtain a list of the enforceable programs of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: elirons@deq.virginia.gov.
COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Army Corps of Engineers (ATTN: CENAO-WR-R), 803 Front Street, Norfolk, Va. 23510-1096, and should be received by the close of business on May 2, 2014.
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 Mr. Steven VanderPloeg at (804) 323-3780 or steven.a.vanderploeg@usace.army.mil.
FOR THE DISTRICT COMMANDER:
Lynette R. Rhodes
Section Chief
Southern Virginia Regulatory Section