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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.

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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

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PROJECT LOCATION LYMAN-RICHEY CORPORATION: PLANT 51 EXPANSION

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FIGURE 1 INDIVIDUAL PERMIT APPLICATION: 2018-00237-WEH

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PROJECT VICINITY LYMAN-RICHEY CORPORATION: PLANT 51 EXPANSION

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FIGURE 2 INDIVIDUAL PERMIT APPLICATION: 2018-00237-WEH

LEGEND Plant 51 Mining Phases

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Phase 3 - Years 11-15

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INDIVIDUAL PERMIT APPLICATION: 2018-00237-WEH

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