NAO-2011-0462 I-64 Capacity Improvements

Published Sept. 1, 2015
Expiration date: 10/2/2015

AUGUST 31, 2015


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


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

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in waters and wetlands associated with the hydrologic unit code (HUC) 02080206 – Lee Hall Reservoir, Jones Run, Stony Run and Lukas Creek watershed / James River basin and Chesapeake Bay sub-basin in Newport News, Virginia. This is the first segment (Segment I – approximately 5 miles) of a 75 mile section of I-64 that was evaluated with a Final Environmental Impact Statement conducted in 2013. Information concerning the purpose and need maybe found at

PROPOSED WORK AND PURPOSE:  The applicant has proposed to impact 3.18 acres of wetlands and 819 linear feet of streams. In addition, the applicant has proposed to temporarily impact 0.51 acres of wetlands and 461 linear feet of streams. The applicant has proposed to mitigate for all unavoidable or minimized impacts via the purchase of wetland credits from an approved wetland mitigation bank within the appropriate (HUC) and the purchase of stream credits.

The proposed project, Segment I of the I-64 Capacity Improvements includes widening the existing Interstate 64 in Newport News, Virginia from a four (4) lane interstate, to a six (6) lane interstate from 0.50 miles east of Yorktown Road (Route 238 interchange) interchange and ending 1.55 miles west of Jefferson Avenue (Route 143 interchange). The new lanes will be constructed within existing median of I-64 with stormwater management facilities and minor grading on the outside shoulders to make the lane widths compliant with VDOT requirements and to replace existing guardrail. The project also proposes to include forest clearing to address safety as it relates to site distance at the Fort Eustis interchange. To minimize impacts to wetlands and adjacent to wetlands, this clearing will not include grubbing.

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 Virginia Beach 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 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.

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 project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR-C), 803 Front Street, Norfolk, Virginia  23510-1096, and should be received by the close of business on October 2, 2015.

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 at 757-201-7367 or email her at

Attachments for NAO-2011-0426:
Aerial of proposed expansion corridor
Drawings of proposed activities
Topographic Map