You can copy from here when filling out the rest of the page.
Lyman Richey Corporation proposes to expand and continue to mine sand and gravel at Plant 51. The project would occur within three phases and would impact a total of 10.84 acres of wetlands over fifteen years. Below are the impacts by phase: Phase 1—Years one to five—A total of 6.49 acres of PEMA/C riverine floodplain wetlands will be impacted by Phase 1. Phase 2—Years six to ten—A total of 3.07 acres of PEMA/C riverine floodplain wetlands will be impacted by Phase 2. Phase 3—Years eleven to fifteen—A total of 1.28 acres of PEMA/C riverine floodplain wetland will be impacted by Phase 3. If a permit decision is made to authorize, the permit would be evaluated every 5 years in order to address any changes to the project, which may include but is not limited to, impacts, mitigation, endangered species, or jurisdiction.
Lyman Richey Corporation proposes to expand and continue to mine sand and gravel at Plant 51. The project would occur within three phases and would impact a total of 10.84 acres of wetlands over fifteen years. Below are the impacts by phase: Phase 1—Years one to five—A total of 6.49 acres of PEMA/C riverine floodplain wetlands will be impacted by Phase 1. Phase 2—Years six to ten—A total of 3.07 acres of PEMA/C riverine floodplain wetlands will be impacted by Phase 2. Phase 3—Years eleven to fifteen—A total of 1.28 acres of PEMA/C riverine floodplain wetland will be impacted by Phase 3. If a permit decision is made to authorize, the permit would be evaluated every 5 years in order to address any changes to the project, which may include but is not limited to, impacts, mitigation, endangered species, or jurisdiction.
PUBLIC NOTICE
Application No: NWO-2018-00237-WEH
Applicant: Lyman Richey Corp.
Waterway: Platte River and Adjacent/Abutting Wetlands
Issue Date: September 14, 2018
Expiration Date: October 5, 2018
21 DAY NOTICE
Reply To:
NEBRASKA REGULATORY OFFICE
8901 SOUTH 154TH STREET, SUITE 1, OMAHA, NEBRASKA 68138-3635
JOINT PUBLIC NOTICE: This public notice is issued jointly by the U.S. Army Corps of
Engineers, Omaha District, and the Nebraska Department of Environmental Quality (NDEQ), P.O.
Box 98922, State House Station, Lincoln, Nebraska 68509. NDEQ will review the proposed
project for state certification in accordance with the provisions of Section 401 of the Clean Water
Act. NDEQ hereby incorporates this public notice as its own public notice and procedures by
reference thereto. For the purposes of NDEQ, this public notice will expire 30 days from the issue
date shown above.
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344).
APPLICANT: Carol White, Lyman-Richey Corp., 2625 South 158th Plaza, Omaha, Nebraska
68130.
PROJECT LOCATION: The project is located in Section 20, Township 13 North, Range 10
East, Sarpy County, Nebraska, specifically 41.085713, -96.318941.
PROJECT DESCRIPTION: Lyman Richey Corporation proposes to expand and continue to
mine sand and gravel at Plant 51. The project would occur within three phases and would impact
a total of 10.84 acres of wetlands over fifteen years. Below are the impacts by phase.
Phase 1--Years one to five--A total of 6.49 acres of PEMA/C riverine floodplain wetlands
will be impacted by Phase 1.
Phase 2--Years six to ten--A total of 3.07 acres of PEMA/C riverine floodplain wetlands
will be impacted by Phase 2.
1
Phase 3--Years eleven to fifteen--A total of 1.28 acres of PEMA/C riverine floodplain
wetland will be impacted by Phase 3.
If a permit decision is made to authorize, the permit would be evaluated every 5 years in order to
address any changes to the project, which may include but is not limited to, impacts, mitigation,
endangered species, or jurisdiction.
Basic Project Purpose: The basic project purpose, as defined by the Corps, is mining.
Applicant's Project Purpose: The project purpose, as stated by the applicant, is to expand an
existing sand and gravel mine to extract sand and gravel for commercial sale in the market service
area that includes Sarpy County, Council Bluffs, and Lincoln market areas.
Overall Project Purpose: The overall project purpose, as defined by the Corps, is to mine sand
and gravel for commercial sale in the market service area that includes Sarpy County, Council
Bluffs, and Lincoln market areas.
SPECIAL AQUATIC SITES: The proposed project would impact a total of 10.84 acres of
PEMA/C riverine floodplains wetlands in three phases over fifteen years.
AVOIDANCE, MINIMIZATION, AND MITIGATION:
Avoidance and Minimization: The applicant has considered alternatives to avoid, minimize, and
mitigated impacts to waters of the United States. This includes alternative site locations. The
alternative site locations under review have more impacts to waters of the United States than the
proposed Plant 51 expansion or were not able to be acquired. The applicant has provided an
alternative analysis for compliance with Section 404(b)(1).
Mitigation: The applicant proposes to mitigate unavoidable wetland impacts associated with Phase
1 expansion and operation of Plant 51 at the Gretna Bottom Mitigation Site located in Sections 4,
9, and 16, Township 13 North, Range 10 East, Sarpy County, Nebraska. The Gretna Bottom
Mitigation Site and Plant 51 are located within the Lower Platte HUC-8 watershed (10200202)
and the Lower Platte Alluvial Plain Level IV Ecoregion. Phase 1 will impact 6.49 acres of
PEMA/C riverine floodplain wetlands and impacts are proposed to be mitigated with 12.98 acres
of PEMA/C riverine floodplain wetlands. The applicant will submit a detailed compensatory
wetland mitigation plan at a later date. Mitigation for subsequent phases will be determined and
coordinated with USACE before each phase.
CULTURAL RESOURCES: The Corps of Engineers, Omaha District, will comply with the
National Historic Preservation Act of 1966 and amendments, and the procedures set forth in 33
CFR 325, Appendix C. We have checked the National Register of Historic Places, and any
available site database information, and there are no known National Register sites in the vicinity.
The applicant has completed a survey for Plant 51 and the survey was provided to History
Nebraska by the applicant. History Nebraska reviewed the applicant submitted survey and
concurred with a determination of "No Historic Properties Affected" on August 14, 2018 (HP
#1804-028-01 & Survey# 18-0328). We will evaluate input by the State Historic Preservation
2
Office, Tribes, and the public in response to this public notice, and we may conduct additional
survey of the permit area to check for unknown historic or prehistoric properties, if warranted.
ENDANGERED SPECIES: Pursuant to the Endangered Species Act, a preliminary
determination has been made that the described work may affect but is not likely to adversely
affect species designated as threatened or endangered or adversely affect critical habitat.
May affect, not likely to adversely affect: Northern Long-Eared Bat; Least Tern; Piping Plover,
Western Prairie Fringed Orchid, Pallid Sturgeon.
In order to complete our evaluation of this activity, comments are solicited from the U.S. Fish and
Wildlife Service and other interested agencies and individuals.
FLOODPLAIN: This activity is being reviewed in accordance with Executive Order 11988,
Floodplain Management, which discourages direct or indirect support of floodplain development
whenever there is a practicable alternative. By this notice, comments are requested from
individuals and agencies that believe the described work will adversely impact the floodplain.
WATER QUALITY CERTIFICATION: Section 401 of the Clean Water Act (33 USC 1341)
requires that all discharges of fill material must be certified by the appropriate state agency as
complying with applicable effluent limitations and water quality standards. The discharge must be
certified before a Department of the Army permit can be issued. Certification, if issued, expresses
the State's opinion that the discharge will not violate applicable water quality standards. It is the
responsibility of the applicant to contact Nebraska Department of Environmental Quality as
soon as possible in the permitting process to discuss requirements for certification. Please
contact:
CWA Section 401 Coordinator
Water Quality Division, Planning Unit
Nebraska Department of Environmental Quality
1200 'N' Street, Suite 400
Lincoln, NE 68509-8922
Phone: 402.471.2875
Fax: 402.471.2909
E-mail: ndeq.401certification@nebraska.gov
PUBLIC INTEREST REVIEW: The decision whether to issue the Corps' permit will be based
on an evaluation of the probable impacts including cumulative impacts of the proposed / completed
activity on the public interest. That decision will reflect the national concern for both protection
and utilization of important resources. The benefits, which reasonably may be expected to accrue
from the proposal, must be balanced against their reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects thereof;
among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation,
3
shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership and,
in general, the needs and welfare of the people. In addition, the evaluation of the impact of the
work on the public interest will include application of the guidelines promulgated by the
Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean
Water Act (40 CFR Part 230).
COMMENTS: 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 impacts of this 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 project. 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 activity.
Anyone whose interests may be affected by the proposed / completed work is invited to submit
favorable or unfavorable written comments to the Nebraska Regulatory Office, 8901 South 154th
Street, Suite 1, Omaha, NE 68138-3635. The District Engineer is particularly interested in
receiving comments related to the proposal's probable impacts on the affected aquatic system's
functional values, cumulative and secondary effects, and endangered species. All comments
received will be considered public information; copies of all comments, including names and
addresses of commentors, may be provided to the applicant unless confidentiality is requested.
Comments must be submitted on or before the expiration date (located at the top of the first page)
of this notice to be considered in the subsequent actions on this application.
PUBLIC HEARING: Before the expiration date of this notice, anyone may request, in writing,
that a public hearing be held to consider this application. Requests shall specifically state the
reason(s) for holding a public hearing. If the District Engineer determines that the information
received in response to this notice is inadequate for thorough evaluation, a public hearing may be
warranted. If a public hearing is warranted, interested parties will be notified of the time, date,
and location.
ADDITIONAL INFORMATION: Additional information about this application may be
obtained by writing to Mr. Matthew Wray at the address shown on page one, or by calling
(402) 896-0896. You can also e-mail him at matt.t.wray@usace.army.mil.
REQUEST TO POSTMASTERS: Please post this notice conspicuously and continuously until
the expiration date specified at the top of page one.
NOTICE TO EDITORS: This notice purpose is provided as background information for your
use in formatting news stories. This notice is not a contract for classified display advertising.
4
i
'
.,
,,
.·
. I
"\
' ·
l
;
... _,
\'
City Boundary
County Boundary
A
0
1-)
LYMAN-RICHEY
CORPORATION
\ II ' l' J ..,: S .\
Miles
0.75
PROJECT LOCATION
LYMAN-RICHEY CORPORATION: PLANT 51 EXPANSION
PATH: Z:IPROJECTS\LVMArl_RICHEYHO 106110 _C OC KERILL_PLAIH61_1P\!.I AP _OOCSIDRAFT\':/DiViDUAl_PERl.\!T_APPUCA TIO/HPUBUCt/OT K:E_FIO l_PROJECT _LOCATIO/U.IXO
FIGURE 1
INDIVIDUAL PERMIT APPLICATION: 2018-00237-WEH
City Boundary
County Boundary
1-)
[IL]
0
LYMAN-RICHEY
CORPORATION
I 11 l' 1: ! ,'\ X i
Miles
0.5
PROJECT VICINITY
LYMAN-RICHEY CORPORATION: PLANT 51 EXPANSION
PA1 H: z :IPR OJE c TS\LV I.IA ll_R ICH EYI10 , OS11o_c0 c KERILL_PlA/IT5I _IP\/,, AP _DOCsID RA FTI.':/OIVICUAL_P ER MIT _AP p UC Anorj \PUB UC flOT IC E_FIO2_P ROJ ECT_VICINITY I.IX D
FIGURE 2
INDIVIDUAL PERMIT APPLICATION: 2018-00237-WEH
LEGEND
Plant 51 Mining Phases
Phase 1 Years 1-5
-
Phase 2 - Years 6-1 O
PEMA/C Wetland (0.67 acre)
0
Feet
Phase 3 - Years 11-15
600
·.a.----....
.
..ali"--
I
MINING PHASING PLAN
1-)
PATH: Z:IPR OJ EC TSilVl.1Arl_R IC H EV\10 10611 o_ca c KERILL_PLA tIT61_IP1·,1 AP_DOCSID RAm·.'IOIViOUAL_PER
LYMAN RICHEY CORPORATION: PLANT 51
FIGURE 3
r.·JT_A pp UC AT!0/1'.PUBLIC roTIC E_FIO l_PH AS\lI G_PLA/l ,,\XO
INDIVIDUAL PERMIT APPLICATION: 2018-00237-WEH