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The Grove at Lee's Summit

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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

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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

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