20231623 Ver 1_USACE Permit_20240304 (3)

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DEPARTMENT OF THE ARMY
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U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
March 4, 2024
Regulatory Division
Wilmington District
Charlotte Regulatory Office
SAW-2022-00902
Chris Branch
Boulevard Real Estate Advisors LLC
2100 Hastings Drive
Charlotte, North Carolina 28207
Via Email: [e-mail]
Dear Chris Branch:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte Regulatory Office on November 27, 2023, for a
Department of the Army Nationwide permit (NWP) verification. This project has been
assigned the file number SAW-2022-00902 and is known as LoSo Tract A Residential
Development. This file number should be referenced in all correspondence concerning
this project.
A review of the information provided indicates that the proposed work would include
the construction of a multi -family residential development. Permanent impacts are
authorized for W1 (0.005 acre) for installation of a pipe. Permanent impacts are
authorized for S1 with 83 linear feet (249 sgft) for fill and grading. The project/review
area is located at 311 Orchard Circle, Charlotte, NC 28217, at Latitude 35.188182 and
Longitude-80.885666-1 in Charlotte, Mecklenburg County, North Carolina.
We have determined that the proposed work is authorized by Nationwide 29:
Residential Development pursuant to authorities under Section 404 of the Clean Water
Act (33 U.S.C. § 1344). The proposed work must be accomplished in strict accordance
with the general permit conditions, any regional conditions, the special conditions listed
in this letter, the application materials, and the enclosed plans. If the extent of the
project area and/or nature of the authorized impacts to waters are modified, a revised
PCN must be submitted to this office for written approval before work is initiated. Any
violation of permit conditions or deviation from your submitted plans may subject the
permittee to enforcement action.
This verification is valid until March 15, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies

with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
Project Specific Special Conditions:
1. The information provided indicates that suitable forage and/or roosting habitat for
the proposed endangered tricolored bat (Perimyotis subflavus) may occur within
the proposed action area. To avoid impacts to this species, we highly encourage
project proponents to accomplish any necessary tree clearing outside of the
"active season" for this animal. The active season for tricolored bat occurs
during the warmer time of year from April 1 - October 15. Although this species
is not currently afforded legal protection under Section 7 of the Endangered
Species Act (ESA), this impact minimization measure would support our
concurrence with a "may affect, not likely to adversely affect" determination from
the appropriate action agency should this species become listed in the future. If
the proposed action would not affect suitable habitat for this animal, we would not
object to a "no effect" determination from the appropriate action agency.
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Alexi Archer, PM of the Technical
Regional Execution Center on behalf of the Charlotte Regulatory Office at (912) 837-
9860, by mail at 100 West Oglethorpe St., Savannah, GA 31401, or by email at
[e-mail]. If you have any questions related to follow-up actions
associated with this permit, such as compliance inspections, please contact
Doug Perez, PM of the Charlotte Regulatory Office at [phone], by mail at
8430 University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262, or by
email at Doug. [e-mail]. mi1. Please take a moment to complete our
customer satisfaction survey located at
https-//regulatory.ops. usace.army.m it/customerservicesurvey/.
Sincerely,
Christopher Hopper
SAW Team Liaison
Enclosures
Cc (w/enclosures)
Danielle Clark, Hart & Hickman, PC (via [e-mail])

General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 15, 2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity, or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature
of the new owner as detailed in General Condition 29 of the attached permit and
forward a copy to this office to validate the transfer of this authorization.
5. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.

Compliance Certification Form
Action ID Number: SAW-2022-00902
County: Mecklenburg
Permittee: Boulevard Real Estate Advisors LLC, Chris Branch
Project Name: LoSo Tract A Residential Development
Date Verification Issued: 3/4/2024
Project Manager: Alexi Archer
Upon completion OR Within 10 days of completion of the activity authorized by this
permit and any mitigation required by the permit, sign this certification and return it to
the following address:
US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: Doug Perez
Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. Failure to comply with any terms or conditions
of this authorization may result in the Corps suspending, modifying or revoking the
authorization and/or issuing a Class I administrative penalty, or initiating other
appropriate legal action.
I hereby certify that the work, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started:
Completed:
Describe any deviations from permit (attach drawing(s) depicting the deviations):
*Note: The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee Date

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