15093 I-564 Intermodal Connector Project.Pdf

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COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address. 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O. Box 1105, Richmond, V irginia 23218 David K. Taylor Sccttlary of Nam! Resources Fax: 804-698-4019 - TDD (804) 698-4021 Director www.deq.virginia.gov (804)698-4020 1-x00.592-5482

September 2, 2015

Mr. Chuck Bradley Stantec 5209 Center Street Williamsburg, VA 23188

RE: Federal Consistency Certification: Interstate 564 Intermodal Connector Project, Norfolk, U.S. Army Corps of Engineers Individual Permit (DEQ 15-093F)

Dear Mr. Bradley,

The Commonwealth of Virginia has completed its review of the federal consistency certification (FCC) for the above-referenced project. The Department of Environmental Quality (DEQ) is responsible for coordinating Virginia's review of federal consistency documents and responding to appropriate officials on behalf of the Commonwealth. This letter is in response to the FCC submission received on June 9, 2015. The FCC was submitted by Stantec, Inc. as a requirement to obtain an U.S. Army Corps of Engineers (Corps) Individual Permit. The following agencies and planning district commission participated in this review:

Department of Environmental Quality Department of Game and Inland Fisheries Department of Conservation and Recreation Department of Health Department of Historic Resources Department of Transportation Marine Resource Commission Hampton Road Planning District Commission

The City of Norfolk also was invited to comment. Corps IP/I-564 Intermodal Connector 15-093F

PROJECT DESCRIPTION

Cherry Hill Construction, Inc. plans to construct a four-lane divided highway, local connectors, bridges, overpasses, stormwater management areas and other infrastructure associated with the Interstate-564 Intermodal Connector project in the City of Norfolk. The project includes the reconfiguration of the commercial vehicle inspection station for Naval Station Norfolk. The project qualifies for an Individual Permit from the U.S. Army Corps of Engineers, which necessitates review under federal consistency regulations. Unavoidable permanent impacts associated with the project total approximately 4.44 acres of permanent impacts to water of the United States. The project will be constructed on land owned by the Norfolk Southern Railway Company, United States of America, Virginia Port Authority and the Commonwealth of Virginia. The Federal Highway Administration is administering the project. According to the federal consistency certification (FCC), the project will be consistent with the enforceable policies of the Virginia Coastal Zone Management (CZM) Program.

PUBLIC PARTICIPATION

In accordance with 15 CFR §930.2, a public notice of this proposed action was published in OEIR's Program Newsletter and on the DEQ website from June 22, 2015 to July 13, 2015. No public comments were received in response to the notice.

FEDERAL CONSISTENCY UNDER THE COASTAL ZONE MANAGEMENT ACT

Pursuant to the Coastal Zone Management Act (CZMA) of 1972, as amended (16 USCA, CZMA § 307, § 1456(c)(3)(A)) and its implementing federal consistency regulations (15 CFR Part 930, subpart D), any applicant for a required listed federal license or permit to conduct an activity, in or outside of the coastal zone, affecting any land or water use or natural resource of the coastal zone of the Commonwealth shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the enforceable policies of the Virginia CZM Program and that such activity will be conducted in a manner consistent with the program. At the same time, the applicant shall furnish to DEQ a copy of the certification with all necessary information and data. The Commonwealth has six months after receipt of a complete FCC to concur or object to the applicant's finding of project consistency with the Virginia CZM Program. The Virginia CZM Program is comprised of a network of programs administered by several agencies. In order to be consistent with the Virginia CZM Program, all the applicable permits and approvals listed under the enforceable policies of the Virginia CZM Program must be obtained prior to commencing the project.

2 Corps IP/I-564 Intermodal Connector 15-093F FEDERAL CONSISTENCY CONCURRENCE

Based on our review of the FCC and the comments submitted by agencies administering the applicable enforceable policies of the Virginia CZM Program, DEQ concurs that the proposal is consistent with the Virginia CZM Program provided all applicable permits and approvals are obtained as described below. If, prior to construction, the project should change significantly and any of the enforceable policies of the Virginia CZM Program would be affected, pursuant to 15 CFR §930.66, the applicant must submit supplemental information to DEQ for review and approval. Other state approvals which may apply to this project are not included in this FCC. Therefore, the applicant must ensure that this project is constructed and operated in accordance with all applicable federal, state, and local laws and regulations. In addition, in accordance with 15 CFR Part 930, subpart D, § 930.58(a) (3), we encourage the applicant to consider the Advisory Policies of the Virginia CZM Program as well (see Attachment 2).

ANALYSIS OF ENFORCEABLE POLICIES

The analysis which follows responds to the discussion of the enforceable policies of the Virginia CZM Program that apply to this project and review comments submitted by agencies that administer the enforceable policies.

1. Fisheries Management. The FCC (page 1) states that the project will affect the Elizabeth River, which is a confirmed anadromous fish use area, but the impacted area has been previously disturbed.

1(a) Agency Jurisdiction.

1(a)(i) Virginia Marine Resources Commission (VMRC) and Department of Game and Inland Fisheries (DGIF). The fisheries management enforceable policy is administered by the VMRC (Virginia Code Section 28.2-200 to 28.2-713) and the DGIF (Virginia Code Section 29.1-100 to 29.1-570).

1(a)(11) Department of Health. The VDH Division of Shellfish Sanitation (DSS) is responsible for protecting the health of the consumers of molluscan shellfish and crustacea by ensuring that shellfish growing waters are properly classified for harvesting, and that molluscan shellfish and crustacea processing facilities meet sanitation standards. The mission of this Division is to minimize the risk of disease from molluscan shellfish and crustacea products at the wholesale level by classifying shellfish waters for safe commercial and recreational harvest; by implementing a statewide regulatory inspection program for commercial processors and shippers; and by providing technical guidance and assistance to the shellfish and crustacea industries regarding technical and public health issues. 3 Corps IP/1-564 Intermodal Connector 15-093F

1(b) Agency Comments. VDH DSS states that it has no comments on the proposed project. VMRC does not indicate that the project would negatively affect fisheries.

1(c) Conclusion. Assuming adherence to erosion and sediment controls, DGIF states that the project would be consistent with the fisheries management enforceable policy.

2. Wetlands Management. The FCC (page 2) states there will be both tidal and nontidal wetland impacts.

2(a) Agency Jurisdiction.

2(a)(1) DEQ. The State Water Control Board promulgates Virginia's water regulations, covering a variety of permits to include Virginia Pollutant Discharge Elimination System Permit, Virginia Pollution Abatement Permit, Surface and Groundwater Withdrawal Permit, and the Virginia Water Protection Permit (VWPP). The VWPP is a state permit which governs wetlands, surface water, and surface water withdrawals/impoundments. It also serves as § 401 certification of the federal Clean Water Act § 404 permits for dredge and fill activities in waters of the U.S. The VWPP Program is under the Office of Wetlands and Stream Protection (OWSP).

2(a)(ii) VMRC. Tidal wetlands are regulated by VMRC under the authority of Virginia Code §28.2-1301 through §28.2-1320.

2(b) DEQ Findings. The DEQ Tidewater Regional Office (TRO) states that a Virginia Water Protection (VWP) Individual Permit No. 02-4237 was issued for the 1-564 Intermodal project in 2002. This permit expires in 2017, and its term cannot be further extended. The VWPP Program is currently reviewing a JPA for the modified project and plans to issue a new individual permit.

2(c) VMRC Findings. VMRC states that JPA was submitted for the project on June 1, 2015. The project received authorization from the Norfolk Wetlands Board at the July 8, 2015, for a portion of the project impacting tidal, non-vegetated wetlands resulting from the construction of an outfall on the Elizabeth River. The Code of Virginia § 28.2-1306 states "If an applicant desires to use or develop wetlands owned by the Commonwealth, he shall apply for a permit directly to the Commission, and in addition to the application fee required by the wetlands zoning ordinance, he shall pay those fees and royalties assessed under 28.2-1206." Consequently, the portion of the project which includes the tidal wetland impacts as part of the Boush Creek system will have to be authorized by VMRC since the development is on property currently owned by the Virginia Port Authority. VMRC states that the Commission unanimously approved the project on August 25, 2015, contingent upon the purchase of 50,530 square feet of tidal wetlands credits from the Libertyville Mitigation Bank. 4 Corps IN-564 Intermodal Connector 15-093F

2(d) Requirements. The applicant must obtain a VWPP from DEQ.

2(e) Conclusion. Provided the applicant complies with its VMRC permit and obtains and complies with a new VWP Permit issued by DEQ, the project would be consistent with the wetlands management enforceable policy.

3. Subaqueous Lands. The FCC (page 1) states that the project includes construction of a bridge that will cross Boush Creek and the construction of an outfall structure along the shoreline of the Elizabeth River.

3(a) Agency Jurisdiction. VMRC, pursuant to Section 28.2-1200 et seq. of the Code of Virginia, has jurisdiction over any encroachments in, on, or over any state-owned rivers, streams, or creeks in the Commonwealth.

The VMRC serves as the clearinghouse for the JPA used by the:

• Corps for issuing permits pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act; • DEQ for issuance of a VWPP; • VMRC for encroachments on or over state-owned subaqueous beds as well as tidal wetlands; and • local wetlands board for impacts to wetlands.

The VMRC distributes the completed JPA to the appropriate agencies. Each agency conducts its review and responds.

3(b) Agency Findings. VMRC states that a subaqueous permit will be required for submerged land impacts associated with the outfall on the Elizabeth River. VMRC states that the Commission unanimously approved the project on August 25, 2015.

3(c) Conclusion. Provided the project complies with the requirements of the VMRC subaqueous permit, it would be consistent with the subaqueous lands management enforceable policy.

4. Air Pollution Control. The FCC (page 3) indicates that insignificant air quality impacts would occur during construction.

4(a) Agency Jurisdiction. The DEQ Air Division, on behalf of the Air Pollution Control Board, is responsible for developing regulations that implement Virginia's Air Pollution Control Law. DEQ is charged with carrying out mandates of the state law and related regulations as well as Virginia's federal obligations under the Clean Air Act as amended in 1990. The objective is to protect and enhance public health and quality of life through 5 Corps IP/I-564 Interrnodal Connector 15-093F control and mitigation of air pollution. The division ensures the safety and quality of air in Virginia by monitoring and analyzing air quality data, regulating sources of air pollution, and working with local, state and federal agencies to plan and implement strategies to protect Virginia's air quality. The appropriate regional office is directly responsible for the issue of necessary permits to construct and operate all stationary sources in the region as well as to monitor emissions from these sources for compliance. As a part of this mandate, the environmental documents of new projects to be undertaken in the state are also reviewed. In the case of certain projects, additional evaluation and demonstration must be made under the general conformity provisions of state and federal law.

4(b) Ozone Maintenance Area. The project site is located in an ozone maintenance area and an emission control area for volatile organic compounds (VOCs) and oxides of nitrogen (N0x), which are contributors to ozone pollution.

4(c) Requirements.

4(c)(i) Fugitive Dust. During land-disturbing activities, fugitive dust must be kept to a minimum by using control methods outlined in 9VAC5-50-60 et seq. of the Regulations for the Control and Abatement of Air Pollution. These precautions include, but are not limited to, the following:

• Use, where possible, water or suitable chemicals for dust control during the proposed demolition and construction operations and from material stockpiles; • Install and use hoods, fans and fabric filters to enclose and vent the handling of dusty materials; • Cover open equipment for conveying materials; and • Promptly remove spilled or tracked dirt or other materials from paved streets and dried sediments resulting from soil erosion.

4(c)(ii) Open Burning. If project activities change to include the burning of vegetative debris, this activity must meet the requirements under 9VAC5-130 et seq. of the regulations for open burning, and it may require a permit. The regulations provide for, but do not require, the local adoption of a model ordinance concerning open burning. The responsible agent should contact the locality to determine what local requirements, if any, exist.

4(c)(iii) Asphalt Paving. In accordance with 9VAC5-45-780 et seq., there are limitations on the use of "cut-back" (liquefied asphalt cement, blended with petroleum solvents) that may apply to paving activities associated with the project. The asphalt must be "emulsified" (predominantly cement and water with a small amount of emulsifying agent) except when specified circumstances apply. Moreover, there are time-of-year restrictions on its use during the months of April through October in VOC 6 Corps IP/l-564 Intermodal Connector 15-093F

emission control areas.

4(d) Agency Recommendation. DEQ recommends that all precautions are necessary to restrict the emissions of VOCs and NOx during construction.

4(e) Conclusion. Provided the project complies with applicable requirements, it would be consistent with the air pollution control enforceable policy of the Virginia CZM Program.

5. Coastal Lands Management. The FCC (page 4) states that construction of public roads is exempt from the Chesapeake Bay Preservation Act.

5(a) Agency Jurisdiction. The DEQ Office of Local Government Programs (OLGP) administers the Chesapeake Bay Preservation Act and Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations).

5(b) Agency Findings. The DEQ OLGP finds that Norfolk's local Chesapeake Bay Preservation Act program includes designated Chesapeake Bay Preservation Areas (CBPA) in portions of the city. According to the maps provided, the site of the project is located within the city's designated CBPA and includes both Resource Protection Areas and Resource Management Areas, both of which have an Intensely Developed Area overlay.

5(c) Requirement. Development of a public road is conditionally exempted under Section 9VAC25-830-150B1 of the Regulations provided that appropriate erosion and sediment control and stormwater management requirements are met and the following is met:

a. Optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize (i) encroachment in the Resource Protection Area and (ii) adverse effects on water quality.

5(d) Conclusion. DEQ OLGP states that since this activity would be considered exempt from the Regulations, provided it adheres to the above requirement.

6. Nonpoint Pollution Control. The FCC (page 2) indicates that the project would comply with applicable erosion and sediment control and stormwater management requirements.

6(a) Agency Jurisdiction. The DEQ Office of Stormwater Management (OSM) administers nonpoint pollution control policy the Virginia Erosion and Sediment Control Law and Regulations (VESCL&R) and the Virginia Stormwater Management Law and Regulations (VSWML&R). DEQ is responsible for the issuance, denial, revocation, 7 Corps IP/I-564 Interrnodal Connector 15-093F termination and enforcement of the General VPDES Permit for Discharges of Stormwater from Construction Activities (previously known as General Permit for Discharges of Stormwater from Construction Activities or Virginia Stormwater Management Program (VSMP) permit) for the control of stormwater discharges regulated under the VSWML and the VSMP Regulations.

6(b) Agency Comments. DEQ OSM did not respond to DEQ's request for comments. However, based on responses to similar projects, regulatory guidance for the control of nonpoint source pollution is presented below.

6(c) Requirements.

6(c)(1) Erosion and Sediment Control Project-Specific Plan. VDOT projects that involve land-disturbing activities of equal to or greater than 10,000 square feet (2,500 square feet in Chesapeake Bay Preservation Area) must comply with the most current version of the VDOT erosion and sediment control (ESC) and stormwater management (SWM) Annual Standards and Specifications approved by DEQ. All regulated land- disturbing activities must have a project-specific ESC plan developed in accordance with the DEQ approved VDOT ESC and SWM Annual Standards and Specifications. All regulated land-disturbing activities associated with the project, including on and off site access roads, staging areas, borrow areas, stockpiles, and soil intentionally transported from the project must be covered by the project-specific ESC plan. Annual Standards and Specifications must be prepared in accordance with VESCL&R and the most current version of the Virginia Erosion and Sediment Control Handbook.

6(c)(ii) Stormwater Management Project-Specific Plan. VDOT projects that result in land-disturbing activities equal to or greater than 1 acre (2,500 square feet in Chesapeake Bay Preservation Area) must comply with the most current version of the VDOT ESC and SWM Annual Standards and Specifications approved by DEQ. All regulated land-disturbing activities must have a project specific SWM plan developed in accordance with the DEQ approved VDOT ESC and SWM Annual Standards and Specifications. Annual Standards and Specifications must be prepared in accordance with the Virginia Stormwater Management Law and the Virginia Stormwater Management Program (VSMP) Permit Regulations.

6(c)(iii) General Permit for Stormwater Discharges from Construction Activities (VAR10). The operator or owner of a construction activity involving land disturbance of equal to or greater than 1 acre is required to register for coverage under the General Permit for Discharges of Stormwater from Construction Activities and develop a project specific stormwater pollution prevention plan (SWPPP). The SWPPP must be prepared prior to submission of the registration statement for coverage under the general permit and the SWPPP must address water quality and quantity in accordance with the VSMP

8 Corps IP/I-564 Intermodal Connector 15-093F Permit Regulations. General information and registration forms for the General Permit are available at www.deq.virginia.gov/Programs/Water/StormwaterManagement/ VSMPPermits. aspx.

ADDITIONAL ENVIRONMENTAL CONSIDERATIONS

In addition to the enforceable policies of the Virginia CZM Program, comments also were provided with respect to applicable requirements and recommendations of the following programs:

1. Solid and Hazardous Waste Management.

1(a) Agency Jurisdiction. On behalf of the Virginia Waste Management Board, the DEQ Division of Land Protection and Revitalization is responsible for carrying out the mandates of the Virginia Waste Management Act (Virginia Code §10.1-1400 et seq.), as well as meeting Virginia's federal obligations under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation Liability Act , commonly known as Superfund. The DEQ Division of Land Protection and Revitalization also administers those laws and regulations on behalf of the State Water Control Board governing Petroleum Storage Tanks (Virginia Code §62.1-44.34:8 et seq.), including Aboveground Storage Tanks (9VAC25-91 et seq.) and Underground Storage Tanks (9VAC25-580 et seq. and 9VAC25-580-370 et seq.), also known as Virginia Tank Regulations', and § 62.1-44.34:14 et. seq. which covers oil spills.

Virginia:

• Virginia Waste Management Act, Virginia Code § 10.1-1400 et seq. • Virginia Solid Waste Management Regulations, 9 VAC 20-81 0 (9 VAC 20-81-620 applies to asbestos-containing materials) • Virginia Hazardous Waste Management Regulations, 9 VAC 20-60 - (9 VAC 20-60-261 applies to lead-based paints) • Virginia Regulations for the Transportation of Hazardous Materials, 9 VAC 20- 110.

Federal:

• Resource Conservation and Recovery Act (RCRA), 42 U.S. Code sections 6901 et seq. • U.S. Department of Transportation Rules for Transportation of Hazardous Materials, 49 Code of Federal Regulations, Part 107 • Applicable rules contained in Title 40, Code of Federal Regulations.

9 Corps IP/I-564 Intermodal Connector 15-093F

The DEQ Division of Land Protection and Revitalization also administers those laws and regulations on behalf of the State Water Control Board governing Petroleum Storage Tanks (Virginia Code § 62.1-44.34:8 et seq.), including Aboveground Storage Tanks (9VAC25-91-10 et seq.) and Underground Storage Tanks (9VAC25-580-10 et seq.), also known as 'Virginia Tank Regulations' as well as Virginia Code §62.1-44.34:14 et. seq. which covers oil spills.

1(b) Database Search. The DEQ Division of Land Protection and Revitalization (DLPR) states that it conducted a cursory review of its files, including a Geographic Information System search, and identified waste sites in close proximity of the project site. See the attached letter from DEQ DLPR for specific information.

1(c) Requirements.

• Test and dispose of any soil that is suspected of contamination or wastes that are generated during construction-related activities in accordance with applicable federal, state and local laws and regulations. • Characterize all construction and demolition debris, including any excess soil, in accordance with the Virginia Hazardous Waste Management Regulations prior to disposal at an appropriate offsite facility, as applicable. • Conduct the installation and operation or the removal, relocation or closure of any regulated petroleum storage tanks — aboveground storage tank (AST) and underground storage tank (UST) —in accordance with the requirements of the Virginia Tank Regulations 9VAC25-91-10 et seq. (AST) and 9VAC25-580-10 et seq. (UST).

1(d) Agency Recommendations.

• Evaluate the waste sites of concern (see attached) in close proximity of the project site to determine if the project could affect or be affected by the waste sites. • DEQ encourages all projects and facilities to implement pollution prevention principles, including:

D the reduction, reuse and recycling of all solid wastes generated; and o the minimization and proper handling of generated hazardous wastes.

2. Historic Structures and Architectural Resources.

2(a) Agency Jurisdiction. The Virginia Department of Historic Resources (DHR) conducts reviews of both federal and state projects to determine their effect on historic properties. Under the federal process, DHR is the State Historic Preservation Office, and ensures that federal undertakings - including licenses, permits, or funding - comply 10 Corps IP/1-564 Interrnodal Connector 15-093F with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulation at 36 CFR Part 800. Section 106 requires federal agencies to consider the effects of federal projects on properties that are listed or eligible for listing on the National Register of Historic Places. For state projects or activities on state lands, DHR is afforded an opportunity to review and comment on (1) the demolition of state property; (2) major state projects requiring an EIR; (3) archaeological investigations on state-controlled land; (4) projects that involve a landmark listed in the Virginia Landmarks Register; (5) the sale or lease of surplus state property; (6) exploration and recovery of underwater historic properties; and (7) excavation or removal of archaeological or historic features from caves. Please see DHR's website for more information about applicable state and federal laws and how to submit an application for review: http://www.dhrvirginia.gov/StateStewardship/Index.htm.

2(b) Agency Findings. DHR has consulted on the proposed 1-564 Intermodal Connector project with the Federal Highway Administration (FHWA), Virginia Department of Transportation (VDOT) and Navy pursuant to Section 106 of the National Historic Preservation Act, as amended, and its implementing regulation 36 CFR Part 800. DHR states that the undertaking will have no adverse effect to historic properties listed in or eligible for the National Register of Historic Places.

3. Natural Heritage Resources.

3(a) Agency Jurisdiction.

3(a)(1) Natural Heritage Resources. The Virginia Department of Conservation and Recreation's (DCR) Division of Natural Heritage (DNH). DNH's mission is conserving Virginia's biodiversity through inventory, protection and stewardship. The Virginia Natural Area Preserves Act (Virginia Code §10.1-209 through 217), authorized DCR to maintain a statewide database for conservation planning and project review, protect land for the conservation of biodiversity, and the protect and ecologically manage the natural heritage resources of Virginia (the habitats of rare, threatened and endangered species, significant natural communities, geologic sites, and other natural features).

3(a)(ii) Threatened and Endangered Plant and Insect Species. The Virginia Department of Agriculture and Consumer Services (VDACS): The Endangered Plant and Insect Species Act of 1979 (Virginia Code Chapter 39 §3.1-1020 through 1030) authorizes VDACS to conserve, protect and manage endangered and threatened species of plants and insects. Under a Memorandum of Agreement established between VDACS and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species.

3(b) Agency Findings — Atlantic Sturgeon. According to the information currently in DCR DNH's files, the Atlantic sturgeon (Acipenser oxyrinchus, G3/S2/LE/LT) has been 11 Corps IP/I-564 Intermodal Connector 15-093F documented downstream from the project site in the James River. Atlantic sturgeon is a large fish that reaches a maximum length of about 4.3 meters and may live for several decades. The adults migrate between fresh water spawning areas and salt water non- spawning areas. They feed primarily on benthic invertebrates and small fishes as available. Stocks on the Atlantic slope have been severely reduced by overfishing (mainly during the late 1800s and early 1900s), pollution, sedimentation, and blockage of access to spawning areas by dams (Gilbert 1989, Burkhead and Jenkins 1991, Marine and Coastal Species Information System 1996). In the Chesapeake Bay and elsewhere in the range, hypoxic events have increased and may degrade nursery habitat for Atlantic sturgeon (Secor and Gunderson 1997). Habitat loss due to dam construction and water pollution are thought to be major factors impeding full recovery of populations (Smith 1985, cited by Johnson et al. 1997; Gilbert 1989). A late maturation age and use of estuaries, coastal bays, and upstream areas of rivers for spawning and juvenile development make stocks vulnerable to habitat alterations in many areas (NatureServe 2012). This species is currently classified as endangered by the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) and threatened by the DGIF.

3(c) Agency Findings — Threatened and Endangered Plant and Insect Species. DCR states that the current activity will not affect any documented state-listed plant and insect species.

3(d) Agency Findings — Natural Area Preserves. DCR states that there are no State Natural Area Preserves under DCR's jurisdiction in the project vicinity.

3(e) Agency Recommendations.

• Contact DCR DNH and re-submit project information and a map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized. • Implement and strictly adhere to applicable state and local erosion and sediment control/storm water management laws and regulations to minimize adverse impacts to the aquatic ecosystem as a result of the proposed activities. • Coordinate with NOAA Fisheries to ensure compliance with protected species legislation.

4. Wildlife Resources.

4(a) Agency Jurisdiction. DGIF, as the Commonwealth's wildlife and freshwater fish management agency, exercises enforcement and regulatory jurisdiction over wildlife and freshwater fish, including state- or federally-listed endangered or threatened species, but excluding listed insects (Virginia Code, Title 29.1). DGIF is a consulting agency under the U.S. Fish and Wildlife Coordination Act (16 U.S. Code §661 et seq.) 12 Corps IP/1-564 Intermodal Connector 15-093F and provides environmental analysis of projects or permit applications coordinated through DEQ and several other state and federal agencies. DGIF determines likely impacts upon fish and wildlife resources and habitat, and recommends appropriate measures to avoid, reduce or compensate for those impacts. For more information, see the DGIF website at www.dgif.virginia.gov.

4(b) Agency Findings. Based on the scope and location of the proposed work, DGIF does not anticipate it to result in adverse impacts upon listed species and designated resources under its jurisdiction.

4(c) Agency Recommendations. To minimize overall impacts to wildlife and natural resources, DGIF offers the following comments about development activities:

• Avoid and minimize impacts to undisturbed forest, wetlands, and streams to the fullest extent practicable. • Maintain undisturbed naturally vegetated buffers of at least 100 feet in width around all on-site wetlands and on both sides of all perennial and intermittent streams, where practicable. • Adhere to a time-of-year restriction from March 15 through August 15 of any year for all tree removal and ground clearing to protect nesting resident and migratory songbirds. • Implement and adhere to appropriate erosion and sediment controls throughout project construction and site restoration. • Work with DGIF to develop site-specific measures as necessary.

5. Transportation Impacts.

5(a) Agency Jurisdiction. The Virginia Department of Transportation (VDOT) provides comments pertaining to potential impacts to existing and future transportation systems.

5(b) Agency Findings. The VDOT Hampton Roads Planning Office states that there are two projects in the area according to VDOT's planning documents. They are the Air Terminal Interchange project and the Terminal Boulevard Pavement Rehabilitation project (see attached VDOT letter for details). The submitted materials do not include an official traffic analysis. Based on the project location, VDOT does not find major impact to the existing or proposed transportation facilities that have not already been identified.

5(c) Agency Recommendation. The VDOT Hampton Roads Planning Office recommends that the FHWA coordinate closely with the VDOT Project Management Office.

6. Pollution Prevention. DEQ advocates that principles of pollution prevention be used in all construction projects as well as in facility operations. Effective siting, planning and 13 Corps IP/I-564 Intermodal Connector 15-093F on-site best management practices will help to ensure that environmental impacts are minimized. However, pollution prevention techniques also include decisions related to construction materials, design and operational procedures that will facilitate the reduction of wastes at the source.

6(a) Agency Recommendations. We have several pollution prevention recommendations that may be helpful during the construction: • Consider environmental attributes when purchasing materials. For example, the extent of recycled material content, toxicity level and amount of packaging should be considered and can be specified in purchasing contracts. • Consider contractors' commitment to the environment when choosing contractors. Specifications regarding raw materials and construction practices can be included in contract documents and requests for proposals. • Choose sustainable materials and practices for infrastructure and building construction and design. These could include asphalt and concrete containing recycled materials, and integrated pest management in landscaping, among other things. The DEQ Office of Pollution Prevention provides information and technical assistance relating to pollution prevention techniques. If interested, please contact DEQ (Meghann Quinn at 804-698-4021).

7. Pesticides and Herbicides. In general, when pesticides or herbicides must be used, their use should be strictly in accordance with manufacturers' recommendations. In addition, DEQ recommends that the responsible agent use the least toxic pesticides or herbicides effective in controlling the target species. For more information on pesticide or herbicide use, please contact the Virginia Department of Agriculture and Consumer Services (804-786-3501).

8. Local and Regional Comments. As customary, DEQ invited the Hampton Roads Planning District Commission (PDC) to comment on the project.

8(a) Jurisdiction. In accordance with CFR 930, Subpart A, § 930.6(b) of the Federal Consistency Regulations, DEQ, on behalf of the state, is responsible for securing necessary review and comment from other state agencies, the public, regional government agencies, and local government agencies, in determining the Commonwealth's concurrence or objection to a federal consistency certification.

8(b) Regional Comments. The HRPDC staff has reviewed the federal consistency determination for this project (DEQ#15-093F —1-564 Intermodal Connector Project) and consulted with local staff. The proposal appears to be consistent with local and regional plans and policies.

14 Corps IP/I-564 Intermodal Connector 15-093F

REGULATORY AND COORDINATION NEEDS

1. Wetlands Management. The project must comply with the Virginia Water Protection Program (Virginia Code § 62.1-44.15 et seq.; 9VAC25-210 et seq.) and the requirements of the DEQ VWPP permit. In addition, the project must comply with the VMRC tidal wetlands permit issued pursuant to Code §28.2-1301 through §28.2-1320. Contact DEQ (Bert Parolari at [email protected]) and VMRC (Justine Woodward at [email protected]).

2. Subaqueous Lands Management. VMRC, pursuant to Section 28.2-1200 et seq. of the Code of Virginia, has jurisdiction over any encroachments in, on, or over any state- owned rivers, streams, or creeks in the Commonwealth. The applicant must comply with a VMRC subaqueous permit to be consistent with the subaqueous lands management enforceable policy of the Virginia CZM Program. Contact VMRC (Justine Woodward at [email protected]) for additional information.

3. Air Pollution Control. Guidance on minimizing the emission of volatile organic compounds (VOCs) and oxides of nitrogen (NOr) during construction may be obtained from DEQ TRO. The following regulations may apply during construction:

• 9 VAC 5-45-780 et seq. governing asphalt-paving; • 9VAC5-50-60 et seq. governing fugitive dust emissions; and • 9VAC5-130 et seq., for open burning.

3(a) Coordination. Contact DEQ TRO (Troy Breathwaite at Troy.Breathwaite@deq. virginia.gov) for additional information on air quality regulations.

4. Solid and Hazardous Wastes. All solid waste, hazardous waste and hazardous materials must be managed in accordance with all applicable federal, state and local environmental regulations.

These state laws and regulations may apply:

• Virginia Waste Management Act (Code of Virginia Section 10.1-1400 et seq.); • Virginia Hazardous Waste Management Regulations (VHWMR) (9VAC20-60); • Virginia Solid Waste Management Regulations (VSWMR) (9VAC20-81); and • Virginia Regulations for the Transportation of Hazardous Materials (9VAC20- 110).

These federal laws and regulations may apply:

15 Corps IP/I-564 Intermodal Connector 15-093F

• Resource Conservation and Recovery Act (RCRA) (42 U.S.C. Section 6901 et seq., and the applicable regulations contained in Title 40 of the Code of Federal Regulations); and • U.S. Department of Transportation Rules for Transportation of Hazardous materials (49 Code of Federal Regulations Part 107).

4(c) Coordination.

• Report the removal, relocation or closure of any regulated petroleum storage tank to DEQ TRO (Tom Madigan, DEQ TRO, 5636 Southern Blvd., Virginia Beach, VA 23462, Phone: 757-518-2115). • Contact DEQ TRO (Sean Priest at 757-518-2141) for additional information on waste management as necessary.

5. Natural Heritage Resources. Contact the DCR DNH (804-371-2708) and re-submit project information and a map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized.

6. Wildlife Resources. Contact DGIF (Amy Ewing at [email protected]) for additional information as necessary on its recommendations.

7. Chesapeake Bay Preservation Act. Development of a public road is conditionally exempted under Section 9VAC25-830-150B1 of the Regulations provided that appropriate erosion and sediment control and stormwater management requirements are met and the following is met:

Contact DEQ (Daniel Moore at [email protected]) for additional information as necessary.

8. Erosion and Sediment Control and Stormwater Management.

8(a) Erosion and Sediment Control Plan. The project must comply with VDOT's approved Annual Standards and Specifications for erosion and sediment control. A project-specific Erosion and Sediment Control (ESC) Plan must be prepared for projects involving land-disturbing activities equal to or greater than 10,000 square feet or 2,500 square feet in a Chesapeake Bay Preservation Area. However, a project-specific ESC Plan is not required to be submitted to DEQ. All plans must be prepared in accordance with the Erosion and Sediment Control Handbook, the VESCL §62.1-44.15 et seq., and

16 Corps IP/1-564 Interrnodal Connector 15-093F VESCR 9VAC25-840-30. Contact DEQ (Larry Gavan at [email protected]) for additional information if necessary.

8(b) Stormwater Management Plan. As with the ESC Plan, VDOT is required to prepare a project-specific Stormwater Management Plan for all projects involving land- disturbing activities equal to or greater than 1 acre or 2,500 square feet in a Chesapeake Bay Preservation Area. However, these plans need not be submitted to DEQ for approval. All standards and specifications and plans must be prepared in accordance with the current versions of the Virginia Stormwater Management Law (§62.1-44.15 et seq.) and the Virginia Stormwater Management Permit Regulations (VSMP Permit Regulations 9VAC25-870 et seq.). Contact DEQ (Larry Gavan at [email protected]) for additional information if necessary.

8(c) General Permit for Stormwater Discharges from Construction Activities (VARIO). For projects involving land-disturbing activities equal to or greater than 1 acre, VDOT is required to apply for registration coverage under the Virginia Stormwater Management Program General Permit for Discharges of Stormwater from Construction Activities. Specific questions regarding the Stormwater Management Program requirements should be directed to DEQ (Holly Sepety at 804-698-4039) (SWML §62.1- 44.15 et seq.; VSMP Permit Regulations 9VAC25-840 et seq.).

9. Traffic Impacts. The VDOT Hampton Roads Planning Office recommends that the FHWA coordinate closely with the VDOT Project Management Office. Contact VDOT (Darryll Lewis at 757-925-1622) for additional information.

Thank you for the opportunity to comment on the FCC. The detailed comments of reviewers are attached. If you have questions, please do not hesitate to call me at (804) 698-4204 or Julia Wellman at (804) 698-4326.

Sincere y,

Bettina Sullivan, Manager Environmental Impact Review and Long Range Priorities Program

Enclosures ec: George Janek, USAGE Chuck Roadley, Stantec Marcus Jones, Norfolk 17 Corps IP/I-564 Intermodal Connector 15-093F Ben McFarlane, HRPDC Amy Ewing, DGIF Robbie Rhur, DCR Roy Soto, VDH Roger Kirchen, DHR Justine Woodward, VMRC Chip Ray, VDOT Jim Cromwell, VDOT Elizabeth Jordan, VDOT

18 V'N*„. 1?‘t f; d

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources Fax; 804-698-4019 - TDD (804) 698-4021 Director www.deq.virginia.gov (804)698.4020 I.800.592-5482 Attachment 2

Advisory Policies for Geographic Areas of Particular Concern a. Coastal Natural Resource Areas - These areas are vital to estuarine and marine ecosystems and/or are of great importance to areas immediately inland of the shoreline. Such areas receive special attention from the Commonwealth because of their conservation, recreational, ecological, and aesthetic values. These areas are worthy of special consideration in any planning or resources management process and include the following resources:

a) Wetlands b) Aquatic Spawning, Nursery, and Feeding Grounds c) Coastal Primary Sand Dunes d) Barrier Islands e) Significant Wildlife Habitat Areas f) Public Recreation Areas g) Sand and Gravel Resources h) Underwater Historic Sites. b. Coastal Natural Hazard Areas - This policy covers areas vulnerable to continuing and severe erosion and areas susceptible to potential damage from wind, tidal, and storm related events including flooding. New buildings and other structures should be designed and sited to minimize the potential for property damage due to storms or shoreline erosion. The areas of concern are as follows:

i) Highly Erodible Areas ii) Coastal High Hazard Areas, including flood plains. c. Waterfront Development Areas - These areas are vital to the Commonwealth because of the limited number of areas suitable for waterfront activities. The areas of concern are as follows:

i) Commercial Ports ii) Commercial Fishing Piers iii) Community Waterfronts

Although the management of such areas is the responsibility of local government and some regional authorities, designation of these areas as Waterfront Development Areas of Particular Concern (APC) under the VCP is encouraged. Designation will allow the use of federal CZMA funds to be used to assist planning for such areas and the implementation of such plans. The VCP recognizes two broad classes of priority uses for waterfront development APC:

i) water access dependent activities; ii) activities significantly enhanced by the waterfront location and complementary to other existing and/or planned activities in a given waterfront area.

Advisory Policies for Shorefront Access Planning and Protection a. Virginia Public Beaches - Approximately 25 miles of public beaches are located in the cities, counties, and towns of Virginia exclusive of public beaches on state and federal land. These public shoreline areas will be maintained to allow public access to recreational resources. b. Virginia Outdoors Plan - Planning for coastal access is provided by the Department of Conservation and Recreation in cooperation with other state and local government agencies. The Virginia Outdoors Plan (VOP), which is published by the Department, identifies recreational facilities in the Commonwealth that provide recreational access. The VOP also serves to identify future needs of the Commonwealth in relation to the provision of recreational opportunities and shoreline access. Prior to initiating any project, consideration should be given to the proximity of the project site to recreational resources identified in the VOP. c. Parks, Natural Areas, and Wildlife Management Areas - Parks, Wildlife Management Areas, and Natural Areas are provided for the recreational pleasure of the citizens of the Commonwealth and the nation by local, state, and federal agencies. The recreational values of these areas should be protected and maintained. d. Waterfront Recreational Land Acquisition - It is the policy of the Commonwealth to protect areas, properties, lands, or any estate or interest therein, of scenic beauty, recreational utility, historical interest, or unusual features which may be acquired, preserved, and maintained for the citizens of the Commonwealth. e. Waterfront Recreational Facilities - This policy applies to the provision of boat ramps, public landings, and bridges which provide water access to the citizens of the Commonwealth. These facilities shall be designed, constructed, and maintained to provide points of water access when and where practicable. f. Waterfront Historic Properties - The Commonwealth has a long history of settlement and development, and much of that history has involved both shorelines and near-shore areas. The protection and preservation of historic shorefront properties is primarily the responsibility of the Department of Historic Resources. Buildings, structures, and sites of historical, architectural, and/or archaeological interest are significant resources for the citizens of the Commonwealth. It is the policy of the Commonwealth and the VCP to enhance the protection of buildings, structures, and sites of historical, architectural, and archaeological significance from damage or destruction when practicable. Wellman, Julia (DEQ)

From: Ewing, Amy (DGIF) Sent: Wednesday, July 22, 2015 1:48 PM To: Woodward, Justine (MRC); Wellman, Julia (DEQ) Subject: ESSLog# 24772_15-0777_15-093F_I-564 intermodal Connector

Based on the scope and location of the proposed work, we do not anticipate it to result in adverse impacts upon listed species or designated resources under our jurisdiction.

To minimize the adverse impacts of linear utility project development on wildlife resources, we offer the following general recommendations: avoid and minimize impacts to undisturbed forest, wetlands, and streams to the fullest extent practicable; maintain naturally vegetated buffers of at least 100 feet in width around wetlands and on both sides of perennial and intermittent streams, where practicable; conduct significant tree removal and ground clearing activities outside of the primary songbird nesting season of March 15 through August 15; and, implement and maintain appropriate erosion and sediment controls throughout project construction and site restoration. We understand that adherence to these general recommendations may be infeasible in some situations. We are happy to work with the applicant to develop project-specific measures as necessary to minimize project impacts upon the Commonwealth's wildlife resources.

Assuming adherence to erosion and sediment controls, we find this project consistent with the Fisheries Management Section of the CZMA.

Thanks, Amy

Amy Ewing Environmental Services BiologistlFWIS Manager VA Dept. of Game and Inland Fisheries 7870 Villa Park Dr, Henrico, VA 23228 804-367-2211 a7 DGIF.virginia.gov Molly Joseph Ward Joe Elton Secretary of Natural Resources Deputy Director of Operations

Clyde E. Cristman Rochelle Altholz Director aptit... Director of .1dministration and Finance COMMONWEALTH of VIRGINIA David Dowling Depun. Director of DEP klt IMENT OF CONSERVATION AND RECREATION Sail and II .ater and Dam .Safen

MEMORANDUM

DATE: July 8, 2015

TO: Julia Wellman, DEQ

FROM: Roberta Rhur, Environmental Impact Review Coordinator

SUBJECT: DEQ 15-093F,1-564 Intermodal Connector Project

Division of Natural Heritage

The Department of Conservation and Recreation's Division of Natural Heritage (DCR) has searched its Biotics Data System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

According to the information currently in our files, the Atlantic sturgeon (Acipenser oxyrinchus, G3/S2/LE/LT) has been documented downstream from the project site in the James River. Atlantic sturgeon is a large fish that reaches a maximum length of about 4.3 meters and may live for several decades. The adults migrate between fresh water spawning areas and salt water non-spawning areas. They feed primarily on benthic invertebrates and small fishes as available.

Stocks on the Atlantic slope have been severely reduced by overfishing (mainly late 1800s and early 1900s), pollution, sedimentation, and blockage of access to spawning areas by dams (Gilbert 1989, Burkhead and Jenkins 1991, Marine and Coastal Species Information System 1996). In Chesapeake Bay and elsewhere in the range, hypoxic events have increased and may degrade nursery habitat for Atlantic sturgeon (Secor and Gunderson 1997). Habitat loss due to dam construction and water pollution are thought to be major factors impeding full recovery of populations (Smith 1985, cited by Johnson et al. 1997; Gilbert 1989). A late maturation age and use of estuaries, coastal bays, and upstream areas of rivers for spawning and juvenile development make stocks vulnerable to habitat alterations in many areas (NatureServe 2012). Please note that this species is currently classified as endangered by the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) and threatened by the Virginia Department of Game and Inland Fisheries (VDGIF).

To minimize adverse impacts to the aquatic ecosystem as a result of the proposed activities, DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. Due to the legal status of the Atlantic sturgeon, DCR recommends coordination with NOAA Fisheries and Virginia's regulatory authority for the management and protection of this species, the VDGIF, to ensure compliance with the Virginia Endangered Species Act (VA ST §§ 29.1-563 — 570).

There are no State Natural Area Preserves under DCR's jurisdiction in the project vicinity.

MO East Main Street, 24-1' Floor Richmond, Virginia 23219 804-78(ki l2 4

State Parks • Soil and Water Conservation • Outdoor Recreation Planning :Vamral Heritage • Dam Softly and Floodplain Management • Land Conservation Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species. The current activity will not affect any documented state-listed plants or insects.

New and updated information is continually added to Biotics. Please re-submit project information and map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized.

The Virginia Department of Game and Inland Fisheries (VDGIF) maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://va fwis,org/fwis/ or contact Ernie Aschenbach at 804-367-2733 or [email protected]. This project is located within 2 miles of documented occurrences of state and federally listed animals. Therefore, DCR recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and VDGIF, Virginia's regulatory authority for the management and protection of these species to ensure compliance with state and federal endangered species legislation.

The remaining DCR divisions have no comments regarding the scope of this project. Thank you for the opportunity to comment.

Cc: Amy Ewing, VDGIF Troy Andersen, USFWS Christine Vaccaro, NOAA Literature Cited

Burkhead, N. M., and R. E. Jenkins. 1991. Fishes. Pages 321-409 in K. Terwilliger (coordinator). Virginia's Endangered Species: Proceedings of a Symposium. McDonald and Woodward Publishing Company, Blacksburg, Virginia.

Gilbert, C. R. 1989. Species profiles: life histories and environmental requirements of coastal fishes and invertebrates (Mid-Atlantic Bight) Atlantic and shortnose sturgeons. U.S. Fish and Wildlife Service Biological Report. 82(11.22). U.S Army Corps of Engineers TR EL-82-4. 28 pp.

Johnson, J. H., D. S. Dropkin, B. E. Warkentine, J. W. Rachlin, and W. D. Andrews. 1997. Food habits of Atlantic sturgeon off the central New Jersey coast. Transactions of the American Fisheries Society 126(1):166-170.

Marine and Coastal Species Information System. 1996. October 1-last update. Fish and Wildlife Information Exchange-VA Tech. Online. Available: http://wwwfw.vtedulfishes/macsis.html.

NatureServe. 2012. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. (Accessed: May 14, 2012).

Secor, D. H., and T. E. Gunderson. 1997. Effects of hypoxia and temperature on survival, growth, and respiration of juvenile Atlantic sturgeon, Acipenser oxyrinchus. Fisheries Bulletin 96:603-613. Wellman, Julia (DEQ)

From: Soto, Roy (VDH) Sent: Tuesday, July 07, 2015 12:09 PM To: Wellman, Julia (DEQ) Subject: ACOE 15-093F

Project Name:1-564 lntermodal Connector Project, City of Project It: 15-093F UPC #: N/A Location: Norfolk

VOH — Office of Drinking Water has no comments for the subject project.

VDH — Division of Shellfish Sanitation has no comments for the subject project.

Regards,

Roy Soto, PE, PMP Special Projects Engineer Virginia Department of Health, Office of Drinking Water James Madison Building 109 Governor St, Room 628 Richmond, VA 23219 804.864.7516 (D) www.vdh.virginia.gov/ODW/SourceWaterPrograms mffEDE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

MEMORANDUM

TO: Julia Wellman, Environmental Program Planner

FROM: Steve Coe, Division of Land Protection & Revitalization Review Coordinator

DATE: June 25, 2015

COPIES: Sanjay Thirunagari, Division of Land Protection & Revitalization Review Manager; file

SUBJECT: Environmental Impact Report; 15-093F DOD 1-564 Intermodal Connector Project, Norfolk Naval Station, Norfolk, VA 23505.

The Division of Land Protection and Revitalization (DLPR) has completed its review of the Environmental Impact Review Request for the 1-564 Intermodal Connector Project, Norfolk Naval \ Station, Norfolk, VA 23505. We have the following comments concerning the waste issues associated with this project.

Solid and hazardous waste issues were not addressed in the submittal. The submittal did not indicate a search of waste-related data bases. The Waste Division staff conducted a cursory review of its data files including a GIS database search, in order to identify waste sites that could impact or be impacted by the proposed project.

Facility waste sites of possible concern were located within the same zip code, 23505, with four within 250 feet of the project corridor.

RCRA/Hazardous Waste Facilities - 43 sites identified in zip code 23505. Four were identified as being in close proximity to the project corridor.

1) ID# VAD982396494 - Cargill Inc, 8801 Hampton Blvd, Norfolk, VA 23505. Contact: Gary Schaffer at 804-489-7880. 2) ID# VAD000482760 - Global Technology Systems, 8900 Hampton Blvd, Norfolk, VA 23505. Contact: Ronald Painter at 804-423-4912. 3) ID# VAD988223822 - S.S. Wright U.S. DOT, Maritime Adm, Sewells Point Lambert Dock HAM, Norfolk, VA 23505. Contact: Thomas ORourke at 804-441-6393. 4) ID# VAD982705402 - USDA Federal Grain Inspection Service, Cargill W - 8801 Hampton Blvd, Norfolk, VA 23505. Contact: Mary Vick at 804-441-6723.

CERCLA Sites - I site, but not in close proximity to the project corridor. The following websites may prove helpful in locating additional information for these identification numbers: http://www.epa.govisuperfund/sitesicursites/index.htm or http://www.epa.gov/enviro/html/rcris/rcris_quely java.html.

FUDs Site - none

Solid Waste Facilities - none

VRP Sites - none

Petroleum Release events - 6 events in close proximity to the project corridor

1) ID# 19952243 - GTS Corp Mitchell & Smith, 8900 Hampton Blvd, Norfolk, VA 23505. Event Date: 12/27/2006. Status: Closed. 2) ID# 19940638 - GTS Corp, 8900 Hampton Blvd, Norfolk, VA 23505. Event Date: 8/9/2007. Status: Closed. 3) ID# 199111063 - Sewells Point Facility, 8797 Hampton Blvd, Norfolk, VA 23505. Event Date: 7/20/2006. Status: Closed. 4) [D# 19911983 - Norfolk Naval Base, Bldg CEP-4, 9900 Hampton Blvd, Norfolk, VA 23505. Event Date: 7/28/2006. Status: Closed. 5) ID# 20155128 - U.S. Navy - Naval Station, 8900 Hampton Blvd, Norfolk, VA 23505. Event Date: 1/8/2015. Status: Null. 6) ID# 19940718 - Norfolk Naval Base, Bldg CA-13, 9900 Hampton Blvd, Norfolk, VA 23505. Event Date: 8/8/2007. Status: Closed.

(Note: Dates above are the latest PC Database edit dates of the specific PC Case Nos.)

Please note that the DEQ's Petroleum Contamination (PC) case files of the PC Case Nos. in zip code 23505 and any identified possible petroleum releases should be evaluated by the project engineer or manager to establish the exact location of the release and the nature and extent of the petroleum release and the potential to impact the proposed project. The facility representative should contact the DEQ's Tidewater Regional Office (757-518-2000) for further information and the administrative records of the PC cases which are in close proximity to the proposed project.

NOTE: In any construction or demolition project, the proper management of wastes (solid or hazardous) generated is a priority. The information below provides waste management guidance such projects.

General Comments

Soil, Sediment, and Waste Management

Any soil that is suspected of contamination or wastes that are generated must be tested and disposed of in accordance with applicable Federal, State, and local laws and regulations. Some of the applicable state laws and regulations are: Virginia Waste Management Act, Code of Virginia Section 10.1-1400 et seq.; Virginia Hazardous Waste Management Regulations (VHWMR) (9VAC 20-60); Virginia Solid Waste Management Regulations (VSWMR) (9VAC 20-81); Virginia Regulations for the Transportation of Hazardous Materials (9VAC 20-110). Some of the applicable Federal laws and regulations are: the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901 et seq., and the applicable regulations contained in Title 40 of the Code of Federal Regulations; and the U.S. Department of Transportation Rules for Transportation of Hazardous materials, 49 CFR Part 107.

Asbestos and/or Lead-based Paint

All structures being demolished/renovated/ removed should be checked for asbestos-containing materials (ACM) and lead-based paint (LBP) prior to demolition. If ACM or LBP are found, in addition to the federal waste-related regulations mentioned above, State regulations 9VAC 20-81-620 for ACM and 9VAC 20-60-261 for LBP must be followed. Questions may be directed to Ms. Lisa Silvia at the Tidewater Regional Office (757-518-2175).

Pollution Prevention — Reuse - Recycling

Please note that DEQ encourages all construction projects and facilities to implement pollution prevention principles, including the reduction, reuse, and recycling of all solid wastes generated. All generation of hazardous wastes should be minimized and handled appropriately.

If you have any questions or need further information, please contact Steve Coe, Environmental Specialist, at (804) 698-4029. DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF AIR PROGRAM COORDINATION

ENVIRONMENTAL REVIEW COMMENTS APPLICABLE TO AIR QUALITY

TO: Julia H. Wellman DEQ - OEIA PROJECT NUMBER: 15 — 093F

PROJECT TYPE: 0 STATE EA / EIR X FEDERAL EA I EIS 0 SCC

X CONSISTENCY CERTIFICATION

PROJECT TITLE: I — 564 INTERMODAL CONNECTOR PROJECT

PROJECT SPONSOR: DOD I DEPT. OF THE ARMY / ARMY CORPS OF ENGINEERS

PROJECT LOCATION: X OZONE MAINTENANCE AND EMISSION CONTROL AREA FOR NOX & VOC

REGULATORY REQUIREMENTSMAY BE APPLICABLE TO: X CONSTRUCTION 0 OPERATION

STATE AIR POLLUTION CONTROL BOARD REGULATIONS THAT MAY APPLY: 1. ❑ 9 VAC 5-40-5200 C & 9 VAC 5-40-5220 E — STAGE I 2. 0 9 VAC 5-40-5200 C & 9 VAC 5-40-5220 F — STAGE II Vapor Recovery 3. 0 9 VAC 5-45-780 et seq. — Asphalt Paving operations 4. X 9 VAC 5-130 et seq. — Open Burning 5. X 9 VAC 5-50.60 et seq. Fugitive Dust Emissions 6. 0 9 VAC 5-50-130 et seq. - Odorous Emissions; Applicable to 7. 0 9 VAC 5-50-160 et seq. — Standards of Performance for Toxic Pollutants 8. 0 9 VAC 5-50-400 Subpart , Standards of Performance for New Stationary Sources, designates standards of performance for the 9. 0 9 VAC 5-80-1100 et seq. of the regulations — Permits for Stationary Sources 10. 0 9 VAC 5-80-1700 et seq. Of the regulations — Major or Modified Sources located in PSD areas. This rule may be applicable to the 11. 0 9 VAC 5-80-2000 et seq. of the regulations — New and modified sources located in non-attainment areas 12. 0 9 VAC 5-80-800 et seq. Of the regulations — Operating Permits and exemptions. This rule may be applicable to

COMMENTS SPECIFIC TO THE PROJECT: All precautions are necessary to restrict the emissions of volatile organic compounds (VOC) and oxides of nitrogen (NOx).

iftt S . PC-A."440Si

(Kotur S. Narasimhan) Office of Air Data Analysis DATE: June 18, 2015 Wellman, Julia (DEQ)

From: Gavan, Larry (DEQ) Sent: Tuesday, September 01, 2015 4:27 PM To: Cooper, Robert (DEQ); Wellman, Julia (DEQ) Subject: RE: EIR 15-093F_I-564 Intermodal Connector Project

(i) Erosion and Sediment Control Plan

VDOT projects that involve land-disturbing activities of equal to or greater than 10, 000 square feet (2,500 square feet in Chesapeake Bay Preservation Area) must comply with the most current version of the VDOT erosion and sediment control (ESC) Annual Standards and Specifications approved by DCR. All regulated land-disturbing activities must have a project-specific ESC plan developed in accordance with the DCR approved VDOT ESC Annual Standards and Specifications. However, the project-specific ESC plan need not be submitted to DEQ for approval since VDOT has DCR approved Annual Standards and Specifications. All regulated land-disturbing activities associated with the project, including on and off site access roads, staging areas, borrow areas, stockpiles, and soil intentionally transported from the project must be covered by the project-specific ESC plan. Annual Standards and Specifications must be prepared in accordance with VESCL&R and the most current version of the Virginia Erosion & Sediment Control Handbook. [Reference: VESCL §62.1-44.15 et seq.; VESCR 9VAC25-840-30 et seq. Please note that the Annual Standards and Specifications for 2014 will be approved by DEQ since effective July 1, 2013, the administration of the E & S law and regulations has been transferred from DCR to DEQ.

(ii) Stormwater Management Plan

VDOT projects that result in land-disturbing activities equal to or greater than 1 acre (2,500 square feet in Chesapeake Bay Preservation Area) must comply with the most current version of the VDOT stormwater management (SWM) Annual Standards and Specifications approved by DCR. All regulated land-disturbing activities must have a project specific SWM plan developed in accordance with the DCR approved VDOT SWM Annual Standards and Specifications. However, the project specific SWM plan need not be submitted to DEQ for approval since VDOT has DCR approved Annual Standards and Specifications. Annual Standards and Specifications must be prepared in accordance with the Virginia Stormwater Management Act (VSMA) and the Virginia Stormwater Management Program (VSMP) Permit Regulations. [Reference: VSMA §62.1-44.15 et seq.; VSMP Permit Regulations 9VAC25-870-160] Please note that the Annual Standards and Specifications for 2014 will be approved by DEQ since effective July 1, 2013, the administration of the VSMA and VSMP permit regulations has been transferred from DCR to DEQ.

From: Cooper, Robert (DEQ) Sent: Tuesday, September 01, 2015 4:16 PM To: Gavan, Larry (DEQ) Subject: FW: EIR 15-093F_I-564 Intermodal Connector Project

Lets talk

From: Wellman, Julia (DEQ) Sent: Tuesday, September 01, 2015 2:24 PM To: Cooper, Robert (DEQ) Subject: RE: EIR 15-093F_I-564 Intermodal Connector Project

I need to close this project. Can you get back to me today?

1 4,x

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources Fax: 804-698-4019 - TDD (804) 698-4021 Director www.deq.virginia.gov (804) 698-4020 1-800-592-5482 MEMORANDUM

TO: Daniel Moore

FROM: Shawn Smith, Chesapeake Bay Local Assistance

DATE: June 30, 2015

SUBJECT: DEQ I5-093F 1-564 Intermodal Connector, City of Norfolk

We have reviewed the proposed 1-564 Intermodal Connector project located in the City of Norfolk. Norfolk's local CBPA program includes designated Chesapeake Bay Preservation Areas in portions of the City. According to the maps provided, the site of the project is located within the City's designated CBPA and includes both Resource Protection Areas and Resource Management Areas both of which have an Intensely Developed Area overlay. Development of a public road is conditionally exempted under Section Section 9 VAC 25-830-150 B 1 of the Regulations provided that appropriate erosion and sediment control and stormwater management requirements are met and the following is met:

As this activity would be considered as exempt from the Regulations, provided it adheres to the above criteria, there are no Bay Act program requirements. DEPARTMENT OF ENVIRONMENTAL QUALITY TIDEWATER REGIONAL OFFICE ENVIRONMENTAL IMPACT REVIEW COMMENTS

July 10, 2015

PROJECT NUMBER: 15-093F

PROJECT TITLE: 1-564 Intermodal Connector Project

As Requested, TRO staff has reviewed the supplied information and has the following comments:

Petroleum Storage Tank Cleanups: No comments.

Petroleum Storage Tank Compliance/Inspections: The removal, relocation or closure of any regulated petroleum storage tanks - aboveground storage tank (AST); underground storage tank (UST) must be conducted in accordance with the requirements of the Virginia Tank Regulations 9 VAC 25-91-10 et seq (AST) and / or 9 VAC 25-580-10 et seq (UST). Documentation and / or questions should be submitted to Tom Madigan - DEQ Tidewater Regional Office - 5636 Southern Blvd., Virginia Beach, VA 23462. Phone (757) 518-2115. Installation and operation of any regulated petroleum storage tank(s) either AST or UST must also be conducted in accordance with the Virginia Regulations 9 VAC 25- 91-10 et seq and / or 9 VAC 25-580-10 et seq. Please contact Tom Madigan (757) 518-2115 for additional details.

Virginia Water Protection Permit Program (VWPP): VWP Individual Permit No. 02-4237 was issued for the 1-564 Intermodal project in 2002. This permit expires in 2017 and its term cannot be further extended. The VWPP Program is currently reviewing a joint permit application for the modified project and plan to either modify and transfer the existing permit to reflect the revised project, or issue a new individual permit.

Air Permit Program : No comments.

Water Permit Program : Water Permits (VPDES/VPA/MS4) - no comments

Groundwater - No comments

i of 2 DEPARTMENT OF ENVIRONMENTAL QUALITY TIDEWATER REGIONAL OFFICE ENVIRONMENTAL IMPACT REVIEW COMMENTS

July 10, 2015

PROJECT NUMBER: 15-093F

PROJECT TITLE: 1-564 Intermodal Connector Project

Waste Permit Program : All construction, demolition and debris waste, including excess soil, must be characterized in accordance with the Virginia Hazardous Waste Management Regulations prior to management at an appropriate facility. For additional information, contact Sean Priest, DEQ-TRO at (757) 518-2141 or jonathan.priestOdeq.virginia.gov.

Storm Water Program: No Comments - This project is being overseen by Robert Cooper In Central Office.

The staff from the Tidewater Regional Office thanks you for the opportunity to provide comments.

Sincerely,,

Cindy Keltner Environmental Specialist II 5636 Southern Blvd. VA Beach, VA 23462 (757) 518-2167 Cindy.Keltner®deq.virginia.gov

2 oft Wellman, Julia (DEQ)

From: Woodward, Justine (MRC) Sent: Tuesday, August 25, 2015 2:30 PM To: Wellman, Julia (DEQ) Subject: RE: ACOE: 1-564 Intermodal Connector Project, City of Norfolk, DEQ #15-093F

Yes, the public hearing took place on July 8, 2015. Also, this morning the Commission unanimously approved the project contingent upon the purchase of 50,530 square feet of tidal wetlands credits from the Libertyville Mitigation Bank.

Thanks!

Justine Woodward Environmental Engineer, Habitat Management Division Virginia Marine Resources Commission 2600 Washington Ave., 3rd Floor Newport News, VA 23607 Office: (757) 247-8027 email: iustine.woodwardPmrc.virginia.eov

From: Wellman, Julia (DEQ) Sent: Tuesday, August 25, 2015 12:56 PM To: Woodward, Justine (MRC) Subject: RE: ACOE: 1-564 Intermodal Connector Project, City of Norfolk, DEQ #15-093F

Hi Justine,

Is it correct to assume that the hearing took place on July 8, 2015 instead of 2014?

From: Woodward, Justine (MRC) Sent: Thursday, July 09, 2015 2:15 PM To: Wellman, Julia (DEQ) Subject: ACOE: 1-564 Intermodal Connector Project, City of Norfolk, DEQ #15-093F

Hi Julia,

A Joint Permit Application was submitted for the above referenced project on June 1, 2015. The project received authorization from the Norfolk Wetlands Board at their public hearing yesterday, July 8, 2014, for a portion of the project impacting tidal, non-vegetated wetlands resulting from the construction of an outfall on the Elizabeth River.

28.2-1306 of the Code of Virginia states "If an applicant desires to use or develop wetlands owned by the Commonwealth, he shall apply for a permit directly to the Commission, and in addition to the application fee required by the wetlands zoning ordinance, he shall pay those fees and royalties assessed under 28.2-1206. Consequently, the portion of the project which includes the tidal wetland impacts as part of the Boush Creek system will have to be authorized by the Commission since they are on property currently owned by the Virginia Port Authority. Additionally, a subaqueous permit will also be required for submerged land impacts associated with the outfall on the Elizabeth River.

It is anticipated that the Commission will consider this matter at their August 25, 2015 meeting.

Thank you for the opportunity to comment.

Regards, 1 Wellman, Julia (DEQ)

From: Woodward, Justine (MRC) Sent: Thursday, July 09, 2015 2:15 PM To: Wellman, Julia (DEQ) Subject: ACOE: 1-564 Intermodal Connector Project, City of Norfolk, DEQ #15-093F

Hi Julia,

It is anticipated that the Commission will consider this matter at their August 25, 2015 meeting.

Thank you for the opportunity to comment.

Regards, Justine

i. Wellman, Julia (DEQ)

From: Holma, Marc (DHR) Sent: Friday, June 12, 2015 9:05 AM To: Wellman, Julia (DEQ) Subject: 1-564 Intermodal Connector Project, City of Norfolk (DHR 1998-315312012-0687; DEQ 15-093F)

Julia,

We received the above referenced project for our review and comment. The DHR has already been consulted on the proposed 1-564 Intermodal Connector project by both the FHWA/VDOT and Navy pursuant to Section 106 of the National Historic Preservation Act, as amended, and its implementing regulation 36 CFR Part 800. At that time we concurred that the undertaking will have No Adverse Effect to historic properties listed in or eligible for the National Register of Historic Places. We reiterate our earlier No Adverse Effect determination for the current review for DEQ.

Sincerely,

Marc Holma

1 COMMONWEALTH of VIRGINIA

DEPARTMENT OF TRANSPORTATION 1700 NORTH MAIN STREET SUFFOLK. VIRGINIA 21134 Charles A. Kilpatrick, P.E. Commissioner

August 19, 2015

Ms. Julia Wellman Department of Environmental Quality Office of Environmental Impact Review 629 East Main Street, Sixth Floor Richmond, VA 23219

RE: CZMA Consistency Certification -I-564 Intermodal Connector Project Project Number: I 5-093F - Environmental Impact Report Review City of Norfolk

Ms. Wellman,

The Hampton .Roads Planning Office has completed this courtesy review of the CZMA Consistency Certification for the 1-564 Intermodal Connector Project. The primary focus of the review is to identify any major transportation issues that should be included or further explored in the document. The comments that follow are preliminary in nature and provided for your review or revision as deemed appropriate.

The proposed project consists of constructing a four-lane divided highway, local connectors, bridges, overpasses, and stormwater management areas, and a reconfiguration of the commercial vehicle inspection station for Naval Station Norfolk.

There was a transfer of interests in Real Property of the United States to the Commonwealth of Virginia for construction in Norfolk, Virginia. An environmental assessment of the project revealed a Finding of No Significant Impact (FONSI) issued separately by both the Department of the Navy and the Federal Highway Administration. The design of the project has avoided and minimized impacts associated with the greatest extent practicable with the enforceable policies of the Virginia Coastal Zone Management Program (VCP). Despite avoidance and minimization, there are unavoidable permanent impacts with the project that the applicant will compensate with proposed wetland credits. The Virginia Marine Resources Commission (VMRC) is reviewing a Joint Permit Application (JPA).

There are two projects either recently completed, under construction or proposed in VDOT's Six Year Plan and the Hampton Roads 2034 Long Range Plan that improves traffic flow in this area. They include:

WE KEEP VIRGINIA MOVING Project Number15-093F I 2 August 19, 2015

• UPC 59175 — Air Terminal Interchange — City of Norfolk • UPC 105588 — Terminal Boulevard Pavement Rehabilitation — City of Norfolk

It is recommended that there be close coordination with the Federal Highway Administration - Eastern Federal Land Division via the VDOT Project Management Office. The submitted materials do not include an official traffic analysis. Based upon the project location, we can find no major impacts to the existing or proposed transportation facilities that have not already been identified in the project scope.

If any additional information is required, contact Darryll Lewis at 757-925-1622 or email at [email protected].

Sincerely, 4 N1 W i Wk,'‘ Darryll D Lewis

WE KEEP VIRGINIA MOVING Wellman, Julia (DEQ)

From: Ben McFarlane [[email protected] Sent: Monday, July 20, 2015 10:10 AM To: Wellman, Julia (DEQ) Cc: Randy Keaton; Jennifer Coleman; McCarthy, Seamus Subject: DEQ#15-093F -1-564 Intermodal Connector Project

Ms. Wellman,

The HRPDC staff has reviewed the federal consistency determination for this project (DEQ#15-093F —1-564 Intermodal Connector Project) and consulted with local staff. The proposal appears to be consistent with local and regional plans and policies.

We appreciate the opportunity to review this project. If you have any questions, please let me know.

Benjamin J. McFarlane, AICP Senior Regional Planner Hampton Roads Planning District Commission 723 Woodlake Drive Chesapeake, VA 23320 Phone: 757-420-8300 I Fax: 757-420-9300 1-fA MATO AI ROA 05

All email correspondence to and from this address is subject to the Virginia Freedom of Information Act and to the Virginia Public Records Act, which may result in monitoring and disclosure to third parties, including law enforcement.