20070280 Ver 1_USACE Permit_20070319

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U.S. ARMY CORPS OF ENGINEERS o 7 - o a8 a
WILMINGTON DISTRICT
Action ID. SAW-2007-613-026 County: Cumberland USGS Quad: Wade
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION (~~J(~
Property Owner /Authorized Agent: E85, Inc. Q ~ ~ ~ Ll V L5
Mr. Mark Dassel
Address: P.O. Box 560 MAR 1 9 2007
Kingston, WA 98346
Telephone No.: 360-297-7619
WETLA~Ib3ANDSTOR~IWA R~BRANCH
Size and location of property (water body, road name/number, town, etc.): Property is approximately
150 acres and is located west of the Cape Fear River, off of Bethune Road, east of Ramsey Street
(US Highway 401), north of Melstone Drive, south of Slocomb Road, north of Fayetteville,
Cumberland County, North Carolina.
Description of projects area and activity: This permit authorizes 0.483 acres of wetland impact
associated with the construction of a railway to service the proposed E85 -100 mgy Denatured
Ethanol Plant.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
SEE ATTACHED SPECIAL CONDITIONS AND NATIONWIDE CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached special conditions, nationwide conditions and your submitted plans. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued,
or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It
is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs
are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the
relevant nationwide permit is modified or revoked, you will have twelve (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
nationwide permit. If prior to the expiration date identified below, the nationwide permit authorization is reissued
and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his
discretionary authority to modify, suspend, or revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Ronn' 'th at 910-251-4829.
Corps Regulatory Official Ronnie Smith ~ Date: March 14, 2007
Expiration Date of Verification: March 14, 2007

Copies furnished:
Jim Spangler
Spangler Environmental, Inc.
224 Fayetteville Street, Suite 400
Raleigh, NC 27602
Ken Averitte
NCDWQ Fayetteville Regional Office
225 Green Street, Suite714
Fayetteville, NC 28301
Cyndi Karoly
NCDENR -NCDWQ
1650 Mail Service Center
Raleigh, NC 27699
Cynthia Vanderwiele
NCDENR -NCDWQ
1650 Mail Service Center
Raleigh, NC 27699

Action ID: SAW-2007-613-026
Permittee: E-85, Inc. -Mark Dassel
PERMIT SPECIAL CONDITIONS
1) In order to compensate for impacts to 0.483 acres of non-riparian wetlands the permittee
shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in
the amount determined by the NC EEP, sufficient to perform the restoration of 0.483 acres
of non-riparian wetlands in the Upper Cape Fear River Basin, Cataloging Unit 03030004.
Construction within jurisdictional areas on the property shall begin only after the permittee
has made full payment to the NC EEP and provided a copy of the payment documentation
to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees
to accept responsibility for the mitigation work required, in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the
United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
2.) a. The Permittee shall preserve and maintain the 4.41 acres of DA jurisdictional
wetlands indicated on the attached plat, titled Conservation Area Map of the
Franklin S. Clark III Property for E85, Inc. The Permittee is prohibited from
performing any of the following activities on the property: Filling; grading;
excavating; earth movement of any kind; construction of roads, walkways,
buildings, signs, or any other structure; any activity that may alter the drainage
patterns on the property; the destruction, mowing, or other alteration of vegetation
on the property; disposal or storage of any garbage, trash, or other waste material;
or any other activity which would result in the wetlands being adversely impacted
or destroyed. "Area B" of the conservation property is a limited conservation area
where construction of public or private roads and utilities shall be allowed upon
receiving written approval from the US Army Corps of Engineers, Wilmington
District. The Permittee shall execute and cause to be recorded in the Cumberland
County Register of Deeds, the Conservation Declaration and survey that was agreed
upon by the permitee and the Corps of Engineers and was provided to the Corps on
March 12, 2007.
b. Prior to beginning work authorized by this permit, the Permittee shall provide a
copy of the recorded conservation declaration and recorded survey to the Corps of
Engineers.
These provisions relating to wetlands cannot be amended or modified without the express
written consent of the U.S. Army Corps of Engineers, Wilmington District.
Corps Regulatory Official: Ronnie Smith Date: March 12, 2007