Public Notice. Public Notice No. Open Date: Close Date: US Army Corps LRL pjl 13 May Jun 2016 of Engineers Louisville District

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Public Notice Public Notice No. Open Date: Close Date: US Army Corps R-2013-1114-pjl 13 May 2016 13 Jun 2016 of Engineers ouisville District Please address all comments and inquiries to: U.S. Army Corps of Engineers, ouisville District ATTN: Ms. Pam oeffler, CER-OPF-S, Rm 752 P.O. Box 59 ouisville, Kentucky 40201-0059 Phone: 502-315-6693 This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 10 of the Rivers and Harbors Act of 1899: APPICANT: AENT: OCATION: Kosmos Cement Company 15301 Dixie Highway ouisville, Kentucky 40272 Associated Engineers, Incorporated 2740 North Main Street Madisonville, Kentucky 42431 Battletown Quarry, along the left bank of the Ohio River between Mile 653.4 and 654.4 in Meade County, Kentucky atitude: 38.072659 ongitude: -86.282713 7.5 Minute Quad: KY-New Amsterdam PURPOSE: To provide an area for barge cleaning and aggregate loading, and to expand the fleeting area to facilitate safe, efficient operation of the facility. DESCRIPTION OF WORK: The applicant proposes to expand the existing riverfront facility at Battletown Quarry (previously authorized under DA Permit No. F57-07) by installing 13 additional deadmen, 13 dolphins, a spud barge to facilitate barge cleaning at Mile Point (MP) 653.7, and a spud barge with a ramp to facilitate aggregate loading at MP 653.6. The deadmen structures would be constructed above the Ordinary High Water elevation of 398.00 feet Ohio River Datum (ORD). The applicant has requested the option to construct the deadmen in either of two methods, dependent upon the most appropriate design based on field conditions at the time of construction. Details for both proposals are depicted in the attached plans. The applicant also proposes to expand the fleeting area to 4 barges long and 4 barges wide beginning 777 linear feet (lft) downstream from the existing downstream mooring cell (approximately MP 654.2 to MP 654.4). Two upstream fleeting areas are also proposed at MP 653.9 to MP 653.8, and MP 653.5 to MP 653.4. Barges would be fleeted at no more than 4

Operations Division Regulatory Branch (South) Public Notice R-2013-1114-pjl barges wide along the bank with a maximum riverward projection of 260 lft at normal pool of 383 feet ORD. REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied. Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited in accordance with the Fish and Wildlife Coordination Act of 1956. Based on available information, the proposed activity will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. A request for a public hearing must state the specific interest which might be damaged by issuance of the DA Permit. The National Register of Historic Places has been examined, and it has been determined that there are no properties currently listed on the Register which would be directly affected by the proposed work. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, prehistoric, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of 1966 Public aw 89-665 as amended (including Public aw 96-515). The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed 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 its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered; among those are conservation, economics, aesthetic values, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and in general, the needs and welfare of the public. 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 proposed activity. It is presumed that all interested parties and agencies will wish to respond; therefore, a lack of response will 2

Operations Division Regulatory Branch (South) Public Notice No. R-2013-1114-pjl be interpreted as meaning that there is no objection to the proposed project. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. 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 proposed activity. Written statements received in this office on or before the closing date will become a part of the official record and will be considered in the determination on this permit request. Any objections which are received during this period will be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. A permit will be granted unless its issuance is found to be contrary to the public interest. Information pertaining to this application is available for public examination during normal business hours upon prior request. Drawings are available on ouisville District's Internet site at http://www.lrl.usace.army.mil/missions/regulatory.aspx. All comments regarding this proposal should be addressed to Ms. Pam oeffler, CER-OPF-S at the address noted above and should refer to the Public Notice Number R-2013-1114-pjl. If you desire to submit your comments by email, you must comply with the following: a) In the subject line of your email, type in ONY the Public Notice ID No. R-2013-1114-pjl. Example: Subject: R-2013-1114-pjl. b) Provide your physical mailing address and telephone number. c) Send your email to: lrl.regulatorypubliccomment@usace.army.mil. d) If you are sending attachments greater than 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps physical address as well. 3

0 2000 4000 6000 PROF STATE OF KENTUCKY E S I C S S ION A E D INE E R Job Number: 15-0235 Revisions: Date: 03/29/2016 COE Public Notice BATTETOWN, KY Scale: AS SHOWN R-2013-1114 ATTACHMENT 1: PROPERTY MAP Drawn By: DTH Sheet 1 of 10 ENINEERS EOOISTS SURVEYORS 2740 North Main St. Madisonville, KY 42431 1001 Frederica St. Owensboro, KY 42301 Phone: (270) 821-7732 Fax: (270) 821-7789 Phone: (270) 684-8450 Fax: (270) 684-8449

0 1000 2000 3000 390' 150' 1400' 195' 195' Pool Elev.: 383' OHW Elev.: 398' 697' Barge Cleanout Deadman #5 Deadman #6 Barge oadout Deadman #7 Deadman #8 Deadman #9 Deadman #10 200' 200' 100' 167' 308' 718' 242' Barge Fleeting Area 159' egend: Proposed Dolphin ocation PROF STATE OF KENTUCKY E S I C S SION A E D IN E E R Job Number: 15-0235 Revisions: Date: 03/29/2016 COE Public Notice BATTETOWN, KY Scale: AS SHOWN R-2013-1114 ATTACHMENT 2: SITE EXHIBIT Drawn By: DTH Sheet 2 of 10 ENINEERS EOOISTS SURVEYORS 2740 North Main St. Madisonville, KY 42431 1001 Frederica St. Owensboro, KY 42301 Phone: (270) 821-7732 Fax: (270) 821-7789 Phone: (270) 684-8450 Fax: (270) 684-8449

2" BENT ROD CABE KEEPER 1 1/4" DIAMETER STEE CABE 8' 7' BARE 10' X 10' X 8' CONCRETE BOCK POURED IN PACE BANK PROFIE (BY SURVEY) DETAI AT DEADMAN N.T.S. PRO STATE OF I C F E S SION KENT S A E D UCKY I N E E R Job Number: 15-0235 Revisions: Date: 03/29/2016 COE Public Notice BATTETOWN, KY Scale: AS SHOWN R-2013-1114 ATTACHMENT 3: DEADMAN DETAI #1 Drawn By: DTH Sheet 3 of 10 ENINEERS EOOISTS SURVEYORS 2740 North Main St. Madisonville, KY 42431 1001 Frederica St. Owensboro, KY 42301 Phone: (270) 821-7732 Fax: (270) 821-7789 Phone: (270) 684-8450 Fax: (270) 684-8449

EXISTIN ROUND 1 1/4" DIAMETER STEE CABE BARE 10' DEPTH BANK PROFIE (BY SURVEY) "H" BEAM WITH OFFSHORE MOORIN CHAIN AROUND PERIMETER DETAI AT DEADMAN N.T.S. PROF STATE OF KENTUCKY I E S C S SION A E D IN E E R Job Number: 15-0235 Revisions: Date: 03/29/2016 COE Public Notice BATTETOWN, KY Scale: AS SHOWN R-2013-1114 ATTACHMENT 4: DEADMAN DETAI #2 Drawn By: DTH Sheet 4 of 10 ENINEERS EOOISTS SURVEYORS 2740 North Main St. Madisonville, KY 42431 1001 Frederica St. Owensboro, KY 42301 Phone: (270) 821-7732 Fax: (270) 821-7789 Phone: (270) 684-8450 Fax: (270) 684-8449

417 407 398 397 387 383 OHW Normal Pool 365± Approx. River Bed 20"Ø x 1/2" Thick Steel Pipe Piles Installed To Depth As Indicated At Vertical Slop And Backfilled With Sand. 417 407 398 OHW 397 387 383 Normal Pool 365± Approx. River Bed 20"Ø x 1/2" Thick Steel Pipe Piles Installed To Depth As Indicated At Vertical Slop And Backfilled With Sand. 40' Embedment Or Refusal Depth 325 Or Refusal 325 Or Refusal 40' Embedment Or Refusal Depth DOPHIN (FRONT) DOPHIN (RIHT) 1" = 20' 1" = 20' PROF STATE OF I C E S SION KENT S A E D UCKY I N EE R Job Number: 15-0235 Revisions: Date: 3/29/2016 COE Public Notice BATTETOWN, KY Scale: AS SHOWN R-2013-1114 ATTACHMENT 5: DOPHIN DETAIS SHEET 1 Drawn By: DTH Sheet 5 of 10 ENINEERS EOOISTS SURVEYORS 2740 North Main St. Madisonville, KY 42431 1001 Frederica St. Owensboro, KY 42301 Phone: (270) 821-7732 Fax: (270) 821-7789 Phone: (270) 684-8450 Fax: (270) 684-8449

Typ. 5/16 5/16 Typ. Collar By Same Pipe Section Cut In Half rind Smooth PIE SPICE DETAI N.T.S. MC 15" X 33.9 1/2" P x 18" See Plan View Detail For Welding Requirement. 20"Ø X 1/2" Thick Steel Pipe Piles. 10' 1/2" P x 18" See Plan View Detail For Welding Requirement. MC 15" X 33.9 FRAMIN CONNECTION DETAI N.T.S. 1/2" Thick Steel Cap Plate 8'-9 1 8" MC15"x33.9 Steel Channel. Connection Detail. 1/2" P x 18" At Each Cross Member With 5/16" All Around Fillet Weld To "C" Channel and 20"Ø Pipe. 8'-8" 1/2" Thick Steel Cap Plate WED NOTE: Weld Cap Plate To 20"Ø Pipes With 5/16" All Around Fillet Weld. 10'-0" DOPHIN (PAN) 1" = 2' 1/2" Thick Steel Cap Plate Job Number: 15-0235 Revisions: Date: 3/29/2016 COE Public Notice BATTETOWN, KY Scale: AS SHOWN R-2013-1114 ATTACHMENT 6: DOPHIN DETAIS SHEET 2 Drawn By: DTH Sheet 6 of 10 ENINEERS EOOISTS SURVEYORS 2740 North Main St. Madisonville, KY 42431 1001 Frederica St. Owensboro, KY 42301 Phone: (270) 821-7732 Fax: (270) 821-7789 Phone: (270) 684-8450 Fax: (270) 684-8449

440 440 430 430 420 420 410 410 OHW Elev: 398.00' 400 400 390 390 Pool Elev: 383.00' 380 380 Barge Barge Barge Barge 370 370 360 360 350 350 340 340 330 330 320 320 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 1+30 1+40 1+50 1+60 1+70 1+80 1+90 2+00 2+10 2+20 2+30 2+40 2+50 2+60 2+70 2+80 2+90 3+00 3+10 3+20 3+30 3+40 3+50 3+60 3+70 3+80 3+90 4+00 BATTETOWN, KY ATTACHMENT 23: TYP. SECTION WORK BARE DOPHIN APRI 29, 2016 SCAE: 1" = 50' Note: Maximum Riverward Projection: 260' From Edge Of Water At Normal Pool Elevation. AEI PROJECT: 15-0235 DRAWN BY: DTH CHECKED BY: DA COE Public Notice R-2013-1114 Sheet 7 of 10 SSOCIATED ENINEERS, INC. PROF E S STATE OF KENTUCKY I C E N D E S SION A IN E E R 2740 North Main St. Madisonville, KY 42431 Phone: (270) 821-7732 Fax: (270) 821-7789

430 430 420 420 410 410 400 Deadman ocation OHW Elev: 398.00' 400 390 390 380 Pool Elev: 383.00' Barge Barge Barge Barge 370 370 380 360 360 350 350 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 1+30 1+40 1+50 1+60 1+70 1+80 1+90 2+00 2+10 2+20 2+30 2+40 2+50 2+60 2+70 2+80 2+90 3+00 3+10 3+20 3+30 3+40 3+50 3+60 3+70 3+80 3+90 4+00 4+10 4+20 4+30 4+40 Note: Maximum Riverward Projection: 260' From Edge Of Water At Normal Pool Elevation. COE Public Notice R-2013-1114 Sheet 8 of 10 PRO F E STATE OF KENTUCKY I C S S SION A AEI PROJECT: 15-0235 BATTETOWN, KY DRAWN BY: DTH 2740 North Main St. Madisonville, KY 42431 SSOCIATED Phone: (270) 821-7732 Fax: (270) 821-7789 ATTACHMENT 8: TYP. SECTION FEETIN DEADMAN MARCH 29, 2016 SCAE: 1" = 50' CHECKED BY: DA ENINEERS, INC. E D IN E E R

420 420 410 410 400 OHW Elev: 398.00' 400 390 390 380 370 Deadman ocation Pool Elev: 383.00' Work Barge Barge 380 370 360 360 350 350 340 340 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 1+30 1+40 1+50 1+60 1+70 1+80 1+90 2+00 2+10 2+20 2+30 2+40 2+50 2+60 2+70 2+80 2+90 3+00 3+10 3+20 3+30 3+40 3+50 Note: Maximum Riverward Projection: 150' From Edge Of Water At Normal Pool Elevation. COE Public Notice R-2013-1114 Sheet 9 of 10 PROF STATE OF KENTUCKY E S I C S SION A AEI PROJECT: 15-0235 BATTETOWN, KY DRAWN BY: DTH 2740 North Main St. Madisonville, KY 42431 SSOCIATED Phone: (270) 821-7732 Fax: (270) 821-7789 ATTACHMENT 9: TYP. SECTION WORK BARE DEADMAN MARCH 29, 2016 SCAE: 1" = 50' CHECKED BY: DA ENINEERS, INC. E D IN E E R

450 450 440 440 430 430 420 420 410 410 400 OHW Elev: 398.00' 400 390 380 370 Pool Elev: 383.00' Barge Barge Barge Barge 390 380 370 360 360 350 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 1+30 1+40 1+50 1+60 1+70 350 1+80 1+90 2+00 2+10 2+20 2+30 2+40 2+50 2+60 2+70 2+80 2+90 3+00 3+10 3+20 3+30 3+40 3+50 3+60 3+70 3+80 3+90 4+00 4+10 4+20 4+30 4+40 Note: Maximum Riverward Projection: 260' From Edge Of Water At Normal Pool Elevation. Project: 15-0235 ATTACHMENT 10: DEADMEN PROFIES DEADMAN #1 BATTETOWN, KY March 29, 2016 SCAE: 1" = 50' COE Public Notice R-2013-1114 Sheet 10 of 10 SSOCIATED ENINEERS, INC. 2740 North Main St. Madisonville, KY 42431 Phone: (270) 821-7732 Fax: (270) 821-7789