NAO 2011-02448 (Charles City Landfill ,Charles City, Virginia)

U.S. Army Corps of Engineers Norfolk District
Published Dec. 7, 2022
Expiration date: 1/6/2023

December 6, 2022

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

Waste Management of Virginia, Inc.
Mr. Brian McClung
8000 Chambers Road
Charles City, VA 23030 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in unnamed tributaries of the Chickahominy River, James River and the Chesapeake Bay at 8000 Chambers Road, Charles City County, Virginia.  A vicinity map is attached.

LATITUDE AND LONGITUDE: 37.4360, -77.1312

PROPOSED PROJECT:  The applicant proposes to construct 16 new landfill cells, stormwater management facilities and a portion of landfill road at the existing Charles City Landfill. 

PROJECT PURPOSE AND NEED:  The applicant’s stated purpose is to construct 16 new cells, stormwater management facilities, and access roads to expand the existing landfill and meet the local need for additional waste disposal volume. 

AUTHORITY: Permits for the work in waters and wetlands are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217). The Corps must comply with the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108), 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits. 

PURPOSE OF PUBLIC NOTICE:  In compliance with regulations implementing Section 106 of the National Historic Preservation Act (NHPA), the Norfolk District is soliciting comments on the proposed project from the public; Federal, state, and local agencies and officials; Native American Tribes; and other interested parties.  This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects.  Comments are requested to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize or mitigate adverse effects on historic properties.

HISTORIC PROPERTY IDENTIFICATION:   The Norfolk District, Regulatory Branch identified historic properties within the USACE permit area. A cultural resources survey was conducted on the project site and a report prepared: “Phase I Cultural Resources Survey for the Charles City Landfill Project, Charles City County, Virginia”, dated November 2021, by TRC Environmental Corporation and “Viewshed Analysis and Evaluation of Effects for Samaria Church Battlefield (018-5004) and property 018-0087 and Additional Investigation and KOCOA Analysis of Topographic Anomalies for the Charles City Landfill Project, Charles City County, Virginia” dated July 2022, by TRC Environmental Corporation.  The cultural resources survey and report are a reasonable and good faith effort to identify historic properties. The project site is located within the potential National Register boundary of the St. Mary’s Church Battlefield (DHR ID#018-5004).

ADVERSE EFFECT DETERMINATION:  In consultation with the SHPO, and in consideration of views concerning effects provided by consulting parties, including Tribes, the USACE applied the criteria of adverse effect to historic properties within the permit area.  The USACE determines that the proposed federal action would result in an adverse effect on St. Mary’s Church Battlefield historically known as Samaria Church Battlefield.  The USACE is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.  The US Army Corps of Engineers (Norfolk District), Virginia Department of Historic Resources, the permittee and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the National Historic Preservation Act.  

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WRR), 803 Front Street, Norfolk, Virginia 23510-1011, and should be received by the close of on January 5, 2023.

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
Ms. Julie S. Hamilton at 804-436-4725 or by email

Vicinity Map
Project Drawings