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APPLICANT: The Grove at Lee's Summit, LLC
PROJECT LOCATION: The project is located in three unnamed tributaries and one pond to Big Creek and two adjacent wetlands, in Sections 8 and 17, Township 47 north, Range 31 west, in Lee’s Summit, Jackson County, Missouri.
ACTIVITY: The applicant proposes to develop two parcels, one approximately 35 acres and one approximately 48 acres for the construction of The Grove at Lee’s Summit mixed-use development.
APPLICANT: The Grove at Lee's Summit, LLC
PROJECT LOCATION: The project is located in three unnamed tributaries and one pond to Big Creek and two adjacent wetlands, in Sections 8 and 17, Township 47 north, Range 31 west, in Lee’s Summit, Jackson County, Missouri.
ACTIVITY: The applicant proposes to develop two parcels, one approximately 35 acres and one approximately 48 acres for the construction of The Grove at Lee’s Summit mixed-use development.
PUBLIC NOTICE
Permit No. NWK-2017-785
Issue Date: July 5, 2017
Expiration Date: July 26, 2017
US Army Corps
of Engineers
Kansas City District
21-Day Notice
______________________________________________________________________________
This public notice is issued jointly with the Missouri Department of Natural Resources, Water
Pollution Control Program. The Department of Natural Resources will use the comments to this
notice in deciding whether to grant Section 401 water quality certification. Commenters are
requested to furnish a copy of their comments to the Missouri Department of Natural Resources,
P.O. Box 176, Jefferson City, Missouri 65102.
APPLICANT: The Grove at Lee's Summit, LLC
P.O. Box 57
Lee's Summit, Missouri 64063
PROJECT LOCATION (As shown on the attached drawings): The project is located in three
unnamed tributaries and one pond to Big Creek and two adjacent wetlands, in Sections 8 and 17,
Township 47 north, Range 31 west, in Lee's Summit, Jackson County, Missouri.
USGS Quad: MO Lake Jacomo and Lee's Summit
[Latitude: 38.89492 Longitude: -94.37007]
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344).
ACTIVITY (As shown on the attached drawings): PROPOSED: The applicant proposes to
develop two parcels, one approximately 35 acres and one approximately 48 acres for the
construction of The Grove at Lee's Summit mixed-use development. The mixed-use
development includes the construction of multi-family residential, commercial offices, and
industrial warehouse space. In addition, project activities will include the construction of roads,
buildings, utilities, and stormwater drainage. The applicant has proposed to permanently fill
1,948 linear feet (LF) of intermittent stream channel 1; 840 LF of ephemeral tributary 1; 423 LF
of ephemeral tributary 2; 0.41 acres of wetland 1; 0.06 acres of wetland 2; and 0.35 acres of
open-water pond 1. Additionally, the applicant has proposed to temporarily impact 72 LF of
intermittent tributary 1 for the placement of a sanitary sewer line in three locations. The purpose
of the project, as stated by the applicant: is to provide a comprehensive expansion of residential,
commercial, and light industrial space to establish necessary services and aid in the expansion of
Lee's Summit, Missouri. This [project] would contribute to the well-being of the community by
encouraging economic stability and growth.
WETLANDS/AQUATIC HABITAT: According to the delineation report prepared by the
applicant's agent, the site includes two emergent wetlands (0.41 acres and 0.06 acres), one
open-water pond (0.35 acres), one intermittent tributary (2,020 LF), and two ephemeral
tributaries (840 LF and 423 LF). The agent's delineation report has not yet been verified by
the Corps of Engineers.
APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND
COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC
RESOURCES: "The project area has been previously disturbed by construction of Southeast
Bailey Road, farming, and removal of a building in the north section. Project construction will
not disturb land outside of the study area. Impacts due to construction of the development would
be minimized by the use of multi-level parking garages, office buildings, and residential units.
Design that uses available vertical space limits the need for additional land area and acquisition
of parcels. The use of multi-level structures also minimizes the area of impervious surfaces and
would limit the subsequent runoff to the surrounding watershed. Open green spaces are planned
to further limit runoff to the surrounding area. Adequate drainage infrastructure would be built
and construction activities would adhere to recommended best management practices. The
project has proposed two water features in the south section of the study area to limit impacts
from runoff to ground and surface waters outside of the study area. The detention pond to the
west is meant to hold runoff temporarily, in order to slow the rate of overland flow and would
measure approximately 1.80 acres. The retention pond to the east would measure approximately
4.62 acres, and is designed to hold stormwater runoff from storms for longer periods throughout
the year. The water features would be designed to mimic natural conditions by grading of
gradual slopes, which would allow for a limited wetland fringe to develop. Compensation will
be provided through a USACE approved mitigation bank or in lieu fee program at a USACE
determined ratio."
ADDITIONAL INFORMATION: Additional information about this application may be
obtained by contacting Ms. Kailey Jones, Regulatory Specialist, Kansas City Regulatory
Office, 601 East 12th Street, Room 402, Kansas City, Missouri 64106. Ms. Jones may
also be reached by phone at 816-389-2123, by fax at 816-389-2032, or by email at
kailey.j.jones@usace.army.mil. All comments to this public notice should be directed to
the above address.
CULTURAL RESOURCES: Kansas City District will comply with the National Historic
Preservation Act of 1966 and 36 CFR 800. We have checked the National Register of Historic
Places and the Federal Register, and no properties are listed in the Register in the permit area.
From our research, there are no properties proposed for listing located in the permit area. This is
the extent of our knowledge about historic properties in the permit area at this time. However,
we will evaluate input by the State Historic Preservation Officer, Tribal Historic Preservation
Officers (or Tribe designated representative) and the public in response to this public notice, and
we may conduct or require a reconnaissance survey of the permit area to check for unknown
historic properties, if warranted.
ENDANGERED SPECIES: We have obtained an official species list from the U.S. Fish and
Wildlife Service's IPaC website at https://ecos.fws.gov/ipac. In compliance with the Endangered
Species Act (ESA), a preliminary determination has been made that the described work may
affect, but is not likely to adversely affect the Indiana Bat (Myotis sodalis), or adversely modify
critical habitat, and the described work may affect, but will not cause prohibited take on the
Northern long-eared bat (Myotis septentrionalis), per the 4(d) rule. This determination is based
on the scope of work occurring within the action area. A Phase 1 Summer Habitat Assessment
was completed for the entire parcel in March 2017 by the applicant's consultant, in which 29
trees that fit the criteria of preferred roosting habitat are located within the limits of the planned
removal area. 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. The Kansas
City District will use these comments to fulfill our consultation responsibilities under Section 7
of the ESA.
FLOODPLAINS: 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 public 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 dredged or fill material must be certified by the appropriate state
agency as complying with applicable effluent limitations and water quality standards. This
public notice serves as an application to the state in which the discharge site is located for
certification of the discharge. 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.
PUBLIC INTEREST REVIEW: The decision to issue a permit will be based on an evaluation
of the probable impact including the cumulative impacts 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 including the cumulative effects thereof; among
those are conservation, economics, esthetics, general environmental concerns, wetlands, cultural
values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs and, in general, the needs and welfare of the
people. The evaluation of the impact of the activity 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 (33 USC 1344). 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. 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 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.
COMMENTS: This notice is provided to outline details of the above-described activity so this
District may consider all pertinent comments prior to determining if issuance of a permit would
be in the public interest. Any interested party is invited to submit to this office written facts or
objections relative to the activity on or before the public notice expiration date. Comments both
favorable and unfavorable will be accepted and made a part of the record and will receive full
consideration in determining whether it would be in the public interest to issue the Department of
the Army permit. Copies of all comments, including names and addresses of commenters, may
be provided to the applicant. Comments should be mailed to the address shown on page 2 of this
public notice.
PUBLIC HEARING: Any person may request, in writing, prior to the expiration date of this
public notice, that a public hearing be held to consider this application. Such requests shall state,
with particularity, the reasons for holding a public hearing.
Proposed Project
Area
PERMIT NO. NWK-2017-785
THE GROVE AT LEE'S SUMMIT, LLC
MIXED-USE DEVELOPMENT
BIG CREEK
JACKSON COUNTY, MISSOURI
SHEET 1 OF 5
5 JULY 2017
PERMIT NO. NWK-2017-785
THE GROVE AT LEE'S SUMMIT, LLC
MIXED-USE DEVELOPMENT
BIG CREEK
JACKSON COUNTY, MISSOURI
SHEET 2 OF 5
5 JULY 2017
PERMIT NO. NWK-2017-785
THE GROVE AT LEE'S SUMMIT, LLC
MIXED-USE DEVELOPMENT
BIG CREEK
JACKSON COUNTY, MISSOURI
SHEET 3 OF 5
5 JULY 2017
Grade/Fill:
PEM Acres - 0.41
Open Water Acres - 0.35
Grade/Fill:
Linear Feet - 423
Acres - 0.02
Un
io
n
Pfizer Way
Pa
ic
cif
Southeast Bailey Ro
ilro
ad
Grade/Fill:
Linear Feet - 840
Acres - 0.04
V
U
291
Excavation/Grade/Fill:
PEM Acres - 0.06
Southeast 16 Street
Legend
Permanent Impacts
Ephemeral Channel
Intermittent Channel
PEM Wetland
Open Water
0
Ü
500
1,000 Feet
PERMIT NO. NWK-2017-785
THE GROVE AT LEE'S SUMMIT, LLC
MIXED-USE DEVELOPMENT
BIG CREEK
JACKSON COUNTY, MISSOURI
SHEET 4 OF 5
5 JULY 2017
Southeast Hamblen Road
Ra
Grade/Fill:
Linear Feet - 1948
Acres - 0.16
ad
Temporary Impacts from Excavation:
Linear feet - 62
Acres - 0.007
Southeast 16 Street
Temporary Impacts from Excavation:
Linear feet - 5
Acres - 0.0006
Temporary Impacts from Excavation:
Linear feet - 5
Acres - 0.0006
Legend
Ephemeral Channel
Intermittent Channel
Proposed Sewer
PEM
Open Water
Temporary Impacts
0
Ü
250
500 Feet
PERMIT NO. NWK-2017-785
THE GROVE AT LEE'S SUMMIT, LLC
MIXED-USE DEVELOPMENT
BIG CREEK
JACKSON COUNTY, MISSOURI
SHEET 5 OF 5
5 JULY 2017