Published Aug. 15, 2016
Expiration date: 9/15/2016

The district commander has received a joint permit application for federal and state permits for work as described below:

Allan Myers Virginia, Inc.
Attn: Mr. Tom Heil
301 Concourse Boulevard, Suite 300
Glen Allen, Virginia 23059 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in waters and wetlands associated with the hydrologic unit code (HUC) 02080206 and 0208107 – Warwick River, King and Queen Creeks, Skiffes Creek and Reservoir, Whiteman Swamp, and Blows Mill Run / watersheds of the James River basin and the Chesapeake Bay sub-basin in Newport News, James City and York Counties, Virginia. This is the second segment (Segment II – approximately 7 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 proposed project is intended to increase capacity, eliminate roadway deficiencies, and improve safety along 1-64. The proposed project, Segment II of the I-64 Capacity Improvements includes pavement reconstruction of existing lanes and additional travel lanes and shoulder lanes, and widening of nine existing bridges and six box culverts. The widening will occur in the median of the existing interstate, limiting the amount of right of way required to construct the project and avoiding impacts to existing interchanges. Best Management Practices and implementation of approved plans and permits for stormwater management, erosion and sediment control, and land disturbance permits, as applicable, will be completed. The Segment II Project is located on I-64 from approximately 1.05 miles west of Route 199 (Humelsine Parkway/Marquis Center Parkway) to approximately 0.54 miles east of Route 238 (Yorktown Road) in Newport News, York County and James City County, Virginia. The proposed project includes widening of the existing interstate to a 3-lane section for approximately 7.08 miles from the point westward where the I-64 Segment I project ends. 

Avoidance and minimization efforts primarily focused on constructing most of the 13 capacity improvements in the median areas to avoid impacts to aquatic resources located between the roadway and the ROW. Other avoidance and minimization efforts included:

• Minimizing the number of stormwater management (SWM) facilities and locating the

SWM facilities outside of jurisdictional areas

• Minimizing impacts from SWM outfalls

• Retrofitting/rehabilitating existing culverts to maintain connectivity and hydrologic function, and to avoid culvert replacements and the associated impacts.

• Location and design of new culverts to minimize impacts

• Strategic use of retaining and MSE walls, and guard rails to reduce fill slopes 

The proposed project will require compensation for permanent impacts of approximately 339 linear feet of streams requiring mitigation under the Unified Stream Methodology (USM) protocols, of which 217 are within the James River watershed and 122 are within the York River Watershed. For each stream reach, EEE developed USM compensation and Stream Assessment Summary. A total of 340 stream credits are required for permanent stream impact compensation, of which 214 are within the James River watershed and 126 are within the York River watershed. Temporary stream impacts are not subject to compensatory mitigation. Compensation is also required for 0.39 acres of permanent impacts to PFO wetlands and 0.20 acres of conversion (PFO to PEM) impacts. Applying standard mitigation ratios mandated by federal and state regulations and guidance, and the April 10, 2008 Final Mitigation Rule, (2:1 for PFO permanent loss impact and 1:1 for PFO conversion impacts), the total compensation required for wetland impacts is 0.98 wetland credits, of which 0.78 credits is for permanent loss of PFO wetlands and 0.20 credits is for PFO conversion. There are no compensable PSS, PEM or PUB impacts. Of the 0.98 wetland credits required for mitigation, 0.96 credits are attributable to impacts in the James River watershed and 0.02 acres in the York River watershed. To meet the compensation requirements, the applicant is proposing to acquire the required credits from a selected commercial mitigation banker who offers available credits for purchase having terms and conditions acceptable to the applicant to purchase. 

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 City of Newport News, 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 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 September 15, 2016.  

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