April 27, 2026
CENAO-WRR-C
NAO-2024-2533
FEDERAL PUBLIC NOTICE
The District Commander received ajoint application for Federal and State permits as described below:
APPLICANT
Mr. Cody Pugh
Norfolk Southern Railway Company
650 Peachtree Street NW, Box 45
Atlanta, GA 30308
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is along the Norfolk Southern Railway crossing of Higgins Swamp, in New Kent County, Virginia. A vicinity map is attached.
LATITUDE AND LONGITUDE: Lat: 37.525839; Long: -77.204193
PROPOSED PROJECT: The applicant proposes to permanently impact 325 square feet of wetlands, and 17 linear feet of stream channel and temporarily impact 845 square feet of wetlands and 44 linear feet of stream channel to repair the existing culvert, headwalls, wingwalls, and apron at Mile Post F-153.10 on the Norfolk Southern Railroad.
PROJECT PURPOSE AND NEED: To repair the culvert, headwalls, wingwalls, and apron to maintain the safety of the railroad crossing over Higgins Swamp.
AUTHORITY: Permits for the work in waters, including 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 NHPA 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 NHPA, the Corps 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. The Corps is requesting comments 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 Corps identified historic properties within the Corps permit area. A cultural resources survey was conducted on the project site and a report prepared: “Norfolk Southern Corps Rehabilitation of NS Culvert F-153.10 over Higgins Swamp Determination of Eligibility for the NRHP”, dated March 7, 2025, by WSP. The cultural resources survey and report are a reasonable and good faith effort to identify historic properties. The survey identified 3 architectural sites, 043-0308 - Savage Station Battlefield, 042-5017 - Cold Harbor Battlefield, and 063-5160 - Norfolk Southern Railroad Culvert. The project site is also located within the potential National Register boundary of the Cold Harbor Battlefield (DHR ID# 063-5160) and the Savage Station Battlefield (DHR ID# 042-5017).
ADVERSE EFFECT DETERMINATION: In consultation with the State Historic Preservation Office, and in consideration of views concerning effects provided by consulting parties, the Corps applied the criteria of adverse effect to historic properties within the permit area. The Corps determined that the proposed federal action would result in an adverse effect on DHR architectural site number 063-5160 – Norfolk Southern Railroad Culvert, 043-0308 - Savage Station Battlefield, and 042-5017 - Cold Harbor Battlefield. The Corps 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 Corps, the 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 NHPA.
COMMENT PERIOD: Comments on this project should be in writing and can be sent to https://rrs.usace.army.mil/rrs/public-notices. or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Steven VanderPloeg), 9100 Arboretum Parkway, Suite 235, Richmond Virginia 23236, and should be received by the close of business on May 27, 2026.
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 Steven VanderPloeg at 804-397-9836 or by email steven.a.vanderploeg@usace.army.mil.
Attachments:
Vicinity Map
Project Drawings