05-05 PCS Phosphate Company, Inc.

Permit Class Permit Number
NEW OS-OS
STATE OF NORTH CAROLINA
rtment of Environment and Natural ResourcesESSWEI p
and O
Coastal Resources Commission
F9JAN 2 12005 ermit
Morehead City DCM for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to PCS Phosphate Company,Inc., PO Box 48,Environmental Affairs Department,Aurora,NC 27806.
Authorizing development in Beaufort County at Whitehurst Creek,Near HWY 306 and SR
1941, Aurora , as requested in the permittee's application dated 2/19/03, including the
letter dated 10/24/03, and attached workplan drawings (4), 3 dated 10/14/03 and 1 dated 1/l 1/02
This permit, issued on January 12, 2005 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Wetland Fill
1) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.
2) The temporary placement or double handling of fill materials within waters or vegetated wetlands is
not authorized.
3) All fill material shall be clean and free of any pollutants except in trace quantities.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department j r
personnel when the project is inspected for compliance. G'
harles S. Jones, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees t qAAAMS1 t S
that your project is consistent with the North Carolina Coastal
Management Program. Signature of P ttee

PCS Phosphate Company, Inc. Permit# 05-05
Page 2 of 3
ADDITIONAL CONDITIONS
Culvert Placement
4) In order to ensure adequate hydraulic exchange between the wetlands on either side of the Whitehurst
Creek crossing, three culverts with a minimum diameter of 36" shall be placed as indicated on the
attached workplan drawings.
5) Culvert inverts shall be set at least one foot below normal bed elevation at the time of installation to
allow for aquatic organism passage.
6
4
6) Appropriate bedding material shall be placed beneath the culverts to prevent structural subsidence.
Wetland Mitigation
7) In accordance with commitments made by the permittee, impacts to wetlands within the project area
shall be mitigated through the use of the entire 4.8 acre Bailey Creek Bottomland Hardwood Wetlands
Creation Site. This mitigation site shall be maintained in perpetuity in its restored state. In order to
ensure compliance with this condition, a perpetual conservation easement or similar legal document
shall be in place for the mitigation site, and copies of all such documents provided to the Division of
Coastal Management, prior to the initiation any activities authorized by this permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington,NC 27889.
8) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Management
10) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7030413 on 10/3/03. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.

PCS Phosphate Company, Inc. Permit # 05-05
Page 3 of 3
ADDITIONAL CONDITIONS
General
11) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400, with conditions (DWQ Project No. 030447), which was issued
on 12/8/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310539.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 14, 2005
PCS Phosphate Company,Inc.
ATTN: Environmental Affairs Department
P.O.Box 48
Aurora,NC 27806
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,,the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
R07& L✓, l7
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: PCS Phosphate Company, Inc.
2. LOCATION OF PROJECT SITE: Beaufort County near NC 306 off SR 1941 near the Town of
Aurora, North Carolina on Whitehurst Creek
Photo Index - 2000: 220-1088; 0,P,Q-13, P,Q,R-14, Q,R,S,T,U,V-15
State Plane Coordinates - X: 2,654,000 Y: 579,500
Aurora Quad. (upper right corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/04/03
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 04/07/03
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County
Land Classification From LUP - Developed, Rural (Land), Conservation (Water, Wetlands)
(B) AEC(s) Involved: PTA, CS
(C) Water Dependent: NO
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic tank and drain field
Planned - N/A
(F) Type of Structures: Existing - Barge slip, warehouse, office building, roads
Planned - 3 culverts and a filled railroad bed
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands ±2,000 ft2 ±22,000 ft2
Delineated 404
(B) Non-Vegetated Wetlands ±2,600 ft2 ±1,908 ft
Creek bottom
(C) Other ±77,000 ft2
(High round)
(D) Total Area Disturbed: ±17.9 acres or ±778,908 ft2
(E) Primary Nursery Area: NO
(F) Water Classification: C Sw-NSW Open: NO
ROJECT SUMMARY: The applicant proposes to relocate the existing railroad on PCS property
sing Whitehurst Creek.

PCS Phosphate, Inc.
Norfolk-Southern Railroad Relocation
Beaufort County
Project setting
PCS Phosphate,Inc. (PCS)is a mining and refining industry located near the Town of
Aurora in Beaufort County,North Carolina. PCS has extensive land holdings in this area of
the county bordering the Pamlico River, South Creek and their tributaries. The proposed
project involves the relocation of the Norfolk-Southern Railroad spur on PCS Phosphate
property. Norfolk-Southern Railroad has indicated by letter (Attached) that they have not
agreed to the proposed relocation route, only that they agree in principle to relocating the
line with no expense to them.
The project area is off NC 306 at the end of SR 1941 and will cross Whitehurst Creek
in two locations (INCLUDING THE HEADWATER MITIGATION AREA)and will impact
a large area of wooded wetlands that has been delineated as section 404 by the U. S. Army
Corps of Engineers. This wetland is one of the last areas that has not been logged in the last
50 years and is one of the few areas with a significant amount of palmetto present. The area
to the south of the project site is existing agriculture fields. The area to the north of the
project site is the existing mine site.
Whitehurst Creek at the project site is classified as C Sw-NSW by the Environmental
Management Commission. Whitehurst Creek at this location is classified as an inland water
body and is not open to shell fishing. The project site is f2' above normal water level.
Project description
The applicant proposes to relocate the existing Norfolk-Southern rail spur that is
currently downstream of the proposed project site. The proposed relocation is to move the
rail out of the current mine advance. The proposed railroad bed will be 100' wide with a
finished elevation of ±15' above mean sea level and a top width of±32'. PCS Phosphate
proposes to bring the relocated rail across the head of the Whitehurst Creek mitigation
project by filling ±18,000 ft2 of created wetlands and placing a 60" by 100' culvert in the
created streambed resulting in the excavation and filling of±500 ft2 of Public Trust Area.
The culvert will be bedded 1' below the normal water level(NWL) and will have a vertical
clearance of 4' above the NWL.

PCS Phosphate, Inc.
Norfolk-Southern Railroad Relocation
Beaufort County
Page Two
The new rail will continue ±590' north bisecting the large unaltered 404 wooded
wetland and crossing the natural run of Whitehurst Creek. The applicant proposes to place
two 96"wide by 88' long culverts in Whitehurst Creek resulting in the excavation and filling
of±1,408 ft2 of Public Trust Area. The culverts will be bedded 1'below the NWL and will
have a vertical clearance of 7' above the NWL. The fill in the bottomland hardwood area on
either side of Whitehurst Creek will result in the filling of±59,000 ft2 of 404 wetlands.
The applicant is proposing to use the Bailey Creek wetlands creation site as mitigation
for the impacts to 404 wetlands using 1.5 acres out of the 4.8 acres that are available (see
attached). PCS Phosphate has made no provision for the removal of the existing railroad
spur that this project is suppose to replace.
Anticipated impacts
The project as proposed will result in the filling of t 1,908 ft2 of creek bottom
associated with the installation of the culverts. Approximately 77,000 ft2 of 404 wetlands
will be filled to create the 100' base width of the new rail spur. This filled causeway will
result in eliminating sheet flow across the wooded wetland. The upland component of the
project impacts ±700,000 ft2. The project as proposed bisects a large and relatively
untouched wooded wetland as well as impacts a wetland mitigation site.
David W. Moye — 9 April 2003

PCS
Phosphate AURORA
PCS PHOSPHATE COMPANY,INC.
P.O.BOX 48,AURORA,NC U.S.A.27806
CERTIFIED MAIL
April 3, 2003
Mr. David Moye
Division of Coastal Management
North Carolina Dept. of ENR
943 Washington Square Mall
Washington,N. C. 27889
Dear Mr. Moye:
Enclosed is the resubmitted CAMA Major permit application for relocating the Norfolk-
Southern Railroad line that serves the PCS Phosphate plant site. Additions and changes to the
original application requested by you in your February 27, 2003 letter to me have been done.
If you have any questions or need additional information,please call me as soon as possible at
[phone].
Sincerely,
J frey C. Furness
Senior Environmental Scientist
encl.
PC: 23-03-001-73 w/encl.
e-mail:T.L. Baker
U:\Administration\Personnel Files\Furness\2003\Feb\RR CAMA Resubmit.doc

Form DCM-MP-1
TI N
LI (�
APP A C
(To be completed by.all applicants)
b. City, down, community or landmark
!�v,
1. APPLICANT
c. Street address or secondary road number
i�EAR t:l`v-'3Y -4b S..K. 19gi
a. Landowner;
�?c_S �acSPaA E C o m�A ay ��G. d. Is proposed work within city limits or planning
Name jurisdiction? Yes _�_ No
Address 42 . -A,as 'bie-P e. Name of body of water nearest project (e.g. river,
(� creek, sound, bay) W�,'rr-►i�i�s'C' cf;�FK
City QUf��QA State C
Zip —:q' S3C'Lv Day Phone( -Sa) 33a- s?3.4ct
Fax(-as,3) 3 _ ����E 3. DESCRIPTION AND PLANNED USE
OF PROPOSED.PROJECT
b. Authorized Agent:
Name /J a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead,pier, and
excavation and/or filling activities.
Address AWD F )" -& E_
A Si::1-Ncc. CAiLV-CAD Li,,j
City _ State rrlFl� ��"���s �;��: Pc:� p�1�;a►�t�;�� C'�A,�T.
Zip Day Phone b. Is the proposed activity maintenance of an existing
project, new work, or both? 11�w LJo�:K
Fax c. Will the project be for public,private or commercial
use? C0cr.m612¢IAL
C. Project name (if any)
f'_AiL2�r�1� S�u� �ELocA:,arJ d. Give a brief description of purpose,use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
N07£. Per»dr will be issued in name.of iandowner(a),and/or additional pages. THE QP\mz N sE: t S 1v*2'e
project name: (� SEAT o vF 9-AiL�QcAD pc-5
Qt�os4�'AnTE c.A.1 r+�t�JE LA,4D —i VA1 r7 AAS
2. LOCATION OF PROPOSED
,P-AiA5. CykS- a'Ac-1 1CA
PROJECT
ME:,"r,bS WALL -3� E-xcAVA%ioa ANb
Co rPncTcD V-iL� �c��c�sEfl 3�' THE
�jEA4t�(1(Zi (,_iAViAC; ()� iZAi��oAD T'-ACK.
a. County '
Revised 03/95

Form DCM-MP-1
m: Describe existing wastewater treatment facilities.
4. LAND AND WATER I�
CHARACTERISTICS
a. Size of entire tract �� 0 5'0 Aces n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 1 wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
C. Approximate elevation of tract above MHW or `jr^""` � Qu�of Tc wtirc��u25�
NWL /,-:a ' mst. c,f-r-r-►c .
d. Soil ty e(s) and texture ) of tract A:�uska �'s\ o. Describe existing drinking water supply source.
e. �{{Vegetation on tract Ae(Zmu��urZAL cRoFs
1'��\1ZbWvUb r'a;, s F`EScuE C�;'AIL Fj¢�.`,yTE:SEDC;E
vo Nii M`R9:,VLJE7
f. Man-made features now on tract A-b�AcEr��f �c
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consult the loanl land use ptan.) following items must be submitted:
Conservation Transitional
�^' Pay, X Developed Community 0 A copy of the deed (with state application only) or
APaz �_ Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
v z o,4 E forward a copy of the deed or other instrument under
which the owner claims title; plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? Yes No rJ I A
(Attach zoning compliance certificate. if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 1 V white paper. (Refer to
done for the tract? X Yes No Coastal Resources Commission Rule 7.1.0203 for a
If yes, by whom? .nQ— 'a 91AEL-P1.) EW detailed description.)
SEC Cr4CL_ e_b MAiZt l ljl �-
k. is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a. National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes _, No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site?. Y\ Yes No Engineers regarding that agency's use of larger
Coastal (marsh) Other_) drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? YIE�5 requirements and it must be sufficiently detailed to
(Anach docununtation, if available) guide agency personnel unfamiliar with the area to the
SEE' A-rAc_ eh, aoC' A,dh�
�Cir ��LIdE.fl�iOrJ$
Revised 03195

Form DCli-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal approved Coastal Management Program and will be
Management. Upon signing this form, the applicant conducted in a manner consistent with such program.
further certifies that such notice has been provided.
Name iv,r~ _, Pr,r_s r=iE-� <<+�K ;�c_� F I certify that I am authorized to grant, and do in fact,
Address iv53 sre1 5 PLAcE, c_Fl AC tr grant permission to representatives of state and federal
Phone �?i cf) (-'7` ` �'7 c' review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name 1,nps. nA—r-riF M' t-e-'K 6 x°`I permit application and follow-up monitoring of the
Address Nc ;'79;Lc) project.
Phone WS3 h nle aL�� i�
v c7 I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
This is the 6 day of
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name
permlttee, and issuing dates.Q 9�� T �C'
Signature �. � .a',�"�,�, , t3� 'G�-� � '""��'� "`
tr Authorized,gent
1CS lof 3c/ r
t k'C� .3c"r�4 S!C,�i9'7
payable to the Department of
P0 A check for $250 ma�e palease indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources
project.
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. X DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. — DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE; Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
Yes Y. No
a. Type and number of buildings, facilities, units or If yes, date submitted
structures proposed N >9
i. Describe pro osed method of sewage disposal.
14
b. Number of lots or parcels JJ
j. Have the facilities described in Item i. above
c. Density (give the number of residential units and the received state or local approval? !4
units per acre) (Attach appropriate docunim=on)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. i b Ac2cs sanitary wastewater, industrial/commercial effluent,
,c )are' ) "wash down" and residential discharges).
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.)
control plan been submitted to the Division of Land ig 1A
Resources? Yes _ No
If yes, date submitted m. Will water be impounded? Yes No
If yes, how many acres? See 3/5-/03 t.�,��n_ ANb
f. List the materials (such as marl, paver stone, cAGi#4 EF9"`C-, 6A—�A Fuo M Ret3��r,n.GN�6�s, . .
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when
too ykvE) was the lot(s) platted and recorded? ri JA
G;-_A iCi_ roe, BE.b
�O�f'Ci�-CjCV1"llr its (ZA,WZQl!it1 rj,P-,xZ �E1.eckrjo,(
g. Give the percentage of the tract within 75 feet of APpG t or Project Name
MHW or NWL, or within 575 feet in the case of an ('_, ,,,,�„�„� �;5 p�,;
Outstanding Resource Water, to be covered by signat
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for Date
vehicular driveways or parking. Q
Revised 03/95

Form DCM-MR-5
BRIDGESA, ND
CULVERTS
Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be
Permit, Form DCM-MP-I. Be sure to complete all removed? (Explain)
other sections of the Joint Application that relate to this
proposed project.
g. Length of proposed bridge
1. BRIDGES I h. Width of proposed bridge
i. Height of proposed bridge above wetlands
a. Public Private
b. Type of bridge (construction material) j. Will the proposed bridge affect existing water flow?
Yes No
If yes, explain
c. Water body to be crossed by bridge
d. Water depth at the proposed crossing at MLW or k. Navigation clearance underneath proposed bridge
NWL
e. Will proposed bridge replace an existing bridge? 1. Will the proposed bridge affect navigation by
Yes No reducing or increasing the existing navigable
If yes, opening? Yes No
(1) Length of existing bridge If yes, explain
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain) m. Will the proposed bridge cross wetlands containing
no navigable waters? Yes No
If yes, explain
f. Will proposed bridge replace an existing culvert(s)?
Yes No
If yes,
(1) Length of existing culvert n. Have you contacted the U.S. Coast Guard
(2) Width of existing culvert concerning their approval?
(3) Height of the top of the existing culvert above Yes No
the MHW or NWL If yes, please provide record of their action.
Revised 03/95

Form DCM-MP-5
j. Will the proposed culvert affect existing navigation
2. CULVERTS potential? Yes �_ No
If yes, explain
a. Water body in which culvert is to be placed
RR I ; rEtluesT cP.EEk ;,"Z a= CREEK
5 c 't,eAwt.x&S ;'cQ 0 1Z I A.vb 'Z�
b. Number of culverts proposed
3. EXCAVATION AND FILL
c. Type of culvert (construction material, style)
R{L\ = RE �FaRcE� CA:icQE�c P�Pc
9'e a: Coy crzf C a. Will the placement of the proposed bridge or culvert
require any excavation below the MHW or NWL?
d. Will proposed culvert replace an existing bridge? X Yes No
Yes No If yes,
If yes, (1) Length of area to be excavated RU Do. fza,
(1) Length of existing bridge i� �(� (2) Width of area to be excavated
(2) Width of existing bridge ,1 (3) Depth of area to be excavated Q���R2a-a
(3) Navigation clearance underneath existing (4) Amount of material to be excavated in cubic
bridge ,, I(A yards
(4) Will all, or a part of, the existing bridge be
removed? (Explain) _ ,'1A b. Will the placement of the proposed bridge or culvert
require any excavation within:
Coastal Wetlands_SAVs_Y, Other Wetlands
If yes,
e. Will proposed culvert replace an existing culvert? (1) Length of area to be excavated /00
Yes Y— No (2) Width of area to be excavated ao' (RfZd)
If yes, (3) Amount of material to be excavated in cubic
(1) Length of existing culvert H yards
(2) Width of existing culvert r4
(3) Height of the top of the existing culvert above c. Will the placement of the proposed bridge or culvert
L
the MHW or NW 0)P' require any highground excavation?
(4) Will all, or a part of, the existing culvert be Yes No
removed? (Explain) If yes, {
(1) Length of area to be excavated 1A
(2) Width of area to be excavated N 1 A
(3) Amount of material to be excavated in cubic
f. Length of proposed culvert I°O yards rq!A
eta= 4g '
g. Width of proposed culvert iz P- 0" d. If the placement of the bridge or culvert involves
Re a- q& i-T any excavation, please complete the following:
h.' Height of the top of the proposed culvert above the (1) Location of the spoil disposal area
MHW or NWL Q� I : N ' 9cs PNosP�A-7r rn',JC PIT'
RR a= r7 " (2) Dimensions of spoil disposal area
i. Will the proposed culvert affect existing water flow? S /oo A c Q r-s
Yes Y No (3) Do you claim title to the disposal area?
If yes, explain SEE 3/5-/o.3 `L-rr6w- A"h X Yes No
E.,;&;,�GF 4,.ic, 'b A-,A r2o,„ 12,&C9: ,m_ Cd ins P. If no, attach a letter granting permission from
the owner.
Revised 03/95

Form DCM-MP-5
(4) Will the disposal area be available for future b. Will the proposed project require the relocation of
maintenance? X Yes No any existing utility lines? Yes X No
(5) Does the disposal area include any coastal If yes, explain in detail
wetlands (marsh), SAVs, or other wetlands?
Yes < No
If yes, give dimensions if different from (2)
above. N/fl c. Will the proposed project require the construction of
(6) Does the disposal area include any area below any temporary detour structures?
the MHW or NWL? Yes X No Yes *_ No
If yes, give dimension if different from No. 2 If yes, explain in detail
above. N 1 A
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material d. Will the proposed project require any work
described in Item d. above) to be placed below channels? Yes 'A No
MHW or NWL? Yes X No If yes, complete Form DCM-MP-2
If yes,
(1) Length of area to be filled e. How will excavated or fill material be kept on site
(2) Width of area to be filled ��1� and erosion controlled?
(3) Purpose of fill %�,"N sk�n'-,
f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used
result in any fill (other than excavated material (for example, dragline, backhoe or hydraulic
described in Item d. above) to be placed within: dredge)? c�tic�
_ Coastal Wetlands_ SAVs X Other Wetlands
If yes,
(1) Length of area to be filled Sc%c'
(2) Width of area to be filled t o C f IeO'(vx3) g. Will wetlands be crossed in transporting equipment
(3) Purpose of fill i rA i THE e c"V4E c or to project site? Yes X No
i�"L9-CAb '� �'�� �4�"��i,. T i�_ �.,sL If yes, explain steps that will be taken to lessen
environmental impacts.
g. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed on
highground? Yes > No h. Will the placement of the proposed bridge or culvert
If yes, require any shoreline stabilization?
(1) Length of area to be filled Yes X No
(2) Width of area to be filled TA In If yes, explain in detail
(3) Purpose of fill I A
0g,r OL-K— jc ttyg1 12r1 gAit i :Ail 53'Nr, �C�PcA)Q J
4. GENERAL App or Project N
a ' GS
a. Will the proposed project involve any mitigation? Signalurti IV
X Yes No
If yes, explain in detail C eCf��T*!c?,J Date
Revised 03/95

C.
. 404 WETLANDS
j WETLAND FILL EVOLUME = 6000t C/A*R
x Y WETLAND AREA IMPACTED w 0.55f ACRE WITHIN ROAD BED v 1.35t ACRE WITHIN RAILROAD RIGH
75+00 80+00 85+00
77/
—i---�—t—r—
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+2
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SCALE 1" = 200' Al (3) 36"mx80- PIPE CROSSINGS Fpr . �.`
GRAPHIC SCALE
0 100 200 400
SHEET 1 OF 2
WHITEHURST CREEK CROSSING DATE: 10-14-2003
200 FT TRESTLE PCS ROBERT M. CHILES, P.E.
C.O.E. 404 WETLANDS �M JOB NO.: 2001059 ENGINEERS AND CONSULTANTS
FUTURE N&S RAILWAY Phosphate AURORA DIVISION SCALE: 1" = 200' NEW BERN, NORTH CAROLINA

----1
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-------------
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--
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WHITEHURST CREEK 2O0 FTTRESTLE OSSING DATE: 10-14-2003 ROBERT M. CHILES, P.E.
S
C.O.E. 404 WETLANDS JOB NO.: 2001059 ENGINEERS AND CONSULTANTS
FUTURE N&S RAILWAY :Pbwphf& AURORA DIVISION SCALE: 1" = 20' NEW BERN, NORTH CAROLINA

l
� 1
OAF
Fill
� 1
CROSSINGWHITEHURST CREEK DATE: . 1/
11 FT TRESTLE .
C.O.E. 404 WETLANDS s l�JOB NO.: 200105q ENGINEERS I CONSULTANTS
FUTURE N&S RAILWAY AURORA DIVISION
SCALE: 1" :11 NEWBERN, NORTH -•

MITIGATI C ANN
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0
aa. D pN WETLAND FlLL VOLUME = 2100 CU. YDS. !
S UC RE
GRAPHIC SCALE
0 100 200 400
SHEET 1 OF 2
RELOCATED RAILROAD CROSSING DATE: 1-11-2002 ROBERT M. CHILES, P.E.
5 ACRE POND do WETLAND AT PCs JOB NO.: 2001159
WHITEHURST CREEK HEADWATER Phoq)hatele AURORA DIVISION y ENGINEERS AND CONSULTANTS
(9-1?-i AjD 1z12s) SCALE: 1 = 20O NEW BERN, NORTH CAROLINA

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SCALE 1" = 200'
5
GRAPHIC SCALE
0 100 200 4W
SHEET 2 OF 2
RELOCATED RAILROAD CROSSING DATE: 12-17-2001 ROBERT M. CHILES, P.E.
5 ACRE POND & WETLAND AT PCs JOB NO.: 2001059
WHITEHURST CREEK HEADWATER PhogpbgIe AURORA DIVISION ENGINEERS AND CONSULTANTS
( fC I AoD Z?-3 SCALE: AS SHOWN NEW BERN, NORTH CAROLINA

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: PCS Phosphate Company, Inc. County: Beaufort
LOCATION OF PROJECT: Beaufort County near NC 306, off SR 1941, near the Town of
Aurora, NC on Whitehurst Creek
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7 April 2003
FIELD RECOMMENDATION: ATTACHED
CONSISTENCY DETERMINATION:
FIELD REPRESENTATIVE: David Moye DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: q 14 3 FEE REC'D: $400
PUBLIC NOTICE REC'D: V END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ~vc-sv ,.1 ON: 4ZlIZU1
C) 75 DAY DEADLINE: H o?/ 1 150 DAY DEADLINE: Et
MAIL OUT DATE: H I I� I y� STATE DUE DATE:
FEDERAL DUE DATE: 4al Ib3 FED COMMENTS REC'D: It1 t-zl
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTIONS: NOTES
COMMENTS YES NO
RETURNED
Coastal Management - Regional representative 1-1104
Coastal Management - LUP Consistency
Determination
Division of Community Assistance
Land Quality Section 41 a5/03 a1 r`9 Uimd
Division of Water Quality ✓ y f,ssu-'c{
Storm Water Management (DWQ) Ut,1-03
State Property Office 0 aJ03
Division of Archives & History
Division of Environmental Health 5 15 jo3
Division of Highways k� L'
Wildlife Resources CommissionDivision. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)
AtOtt a003105-4 DECEIVED
APR 14 2003
DKOMSTILMAM

Permit#
DCM Coordinator: ,t7/r
MAILING DISTRIBUTION: /
Agent:
DCM Field Offices:
*Elizabethty
Wmngton
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bi iddlecome(NCDOT)
leigh an
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Y=dhillrEnvironmental Health:Marine Fisheries:
NCDOT:Shellfish Sanitation:State Property Office:Water Quality: non-DO
John ennessy(N DOT)
Water Resources: hn Suth lan
Wildlife Resources: p
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr., Secretary
Alan W. Klimek, P.E., Director
March 7, 2005
Mr. Jeff Furness
PCS Phosphate Co. , Inc. / aa
P.O. Box 48 �+,
Aurora, NC 27806 Q
Subject: Stormwater Permit No. SW7050210
Charles Tract 5A Spillway
General Stormwater Permit
Beaufort County
Dear Mr. Furness :
The Washington Regional Office received the completed
Stormwater Application and supporting information on February 8,
2005 . Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H. 1000 . We
are forwarding Permit No. SW7050210 dated March 7 , 2005 to PCS
Phosphate Co. , Inc. for the subject project .
This permit shall be effective from the date of issuance
until rescinded and shall be subject to the conditions and
limitations as specified therein. Any future development at
this site will require an additional Stormwater review and a
permit for any Stormwater control measures deemed appropriate.
If any parts, requirements, or limitations contained in
this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit . This request must be in
the form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the office
of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714 . Unless such demands are made this permit shall
be final and binding.
Washington Regional Office One
943 Washington Square Mall,Washington,North Carolina 27889 NofthCarohna
Phone: [phone]/FAX [phone]/Internet:h2o.enr.state.nc.us
�7A'ff/N/rl�f/

+1
Mr. Jeff Furness
March 7 , 2005
Page Two
If you have any questions, or need additional information
concerning this matter, please contact me at (252) 948-3923 .
Sincerely,
ogex K. Thorpe
Environmental Engineer
Washington Regional Office
cc: X/150ug Huggett, Coastal Management
Washington Regional Office
Central Files

r
l
State Stormwater Management Systems
Permit No. SW7050210
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
GENERAL PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
PCS Phosphate Co., Inc.
Beaufort County
FOR THE
construction, operation and maintenance of stormwater management systems in
compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications,
and other supporting data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit for the construction of a spillway at
Charles Tract pond 5A in Beaufort County near Aurora, NC.
The Permit shall be effective from the date of issuance until rescinded and shall be subject
to the following specific conditions and limitations.
I. DESIGN STANDARDS
1. This project involves the construction of a spillway at pond 5A. and includes
approximately 0.931 acres of impervious area. The total project area is 213
acres.
2. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
3. No stormwater piping in addition to the proposed piping shall be allowed
except:
a. That minimum amount necessary to direct runoff beneath an
impervious surface such as a road.

b. That minimum amount needed under driveways to provide access to
lots.
II. SCHEDULE OF COMPLIANCE
1. Grasslined swales, vegetated buffers and other Best Management Practices
used for stormwater runoff control shall be adequately maintained throughout
the life of the project.
2. The permittee shall at all times provide adequate erosion control measures in
conformance with the approved Erosion Control Plan.
3. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information
request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water
Quality, in accordance with North Carolina General Statutes 143-215.6A to
143.215.6C.
2. The permit may be modified, revoked or terminated for cause. The filing of a
request for a permit modification, or termination does not void any permit
condition.
3. The issuance of this permit does not prohibit the Director from reopening and
modifying laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina
General Statute 143-215.1 et.al.
4. The following items will require a modification to the permit:
11
env rcvicinn fn the, annrnvari nlanc rPn;;rrJ1PSs of size
u. , . y .............. ... ,.... ...rr•---- r•-••- •-o-- -- --- - - -
b. Project name change
C. Change of ownership
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision of the project area
f. In addition, the Director may determine that other revisions to the
project should require a modification to the permit.
5. For any additions or modifications of the previously permitted built-upon
area, the permittee shall submit to the Director revised plans and
specifications and shall receive approval prior to construction.

6. The Director may notify the permittee when the permitted site does not meet
one or more of the minimum requirements of the permit. Within the time
frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
7. The permit is not transferable to any person except after notice to and
approval by the Director. The Director may require modification or revocation
and reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request must be
submitted to the Division of Water Quality accompanied by the appropriate
fee, documentation from both parties involved, and other supporting
materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
8. The issuance of this permit does not preclude the Permittee from complying
with any and all statutes, rules, regulations, or ordinances which may be
imposed by other government agencies (local, state and federal)which have
jurisdiction.
Permit issued this the 7 th day of March, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W.'Klimek, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7050210

r
DEPARTMENT OF THE ARMY
/ WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889-1000
IN REPLY REFER TO
January 19, 2005
Regulatory Division
Action ID No. 200310539 and State Permit Nb. 05-05
JAN 2 �9
PWhosphate Company, Incorpora*d Morehead City DCM
Attn: Jeffrey C. Furness
Environmental Affairs Department
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
Reference your application for a Department of the Army permit to place fill material
within wetlands and relocate an existing railroad spur, on property located off State Road 1941,
adjacent to Whitehurst Creek,near Aurora,in Beaufort County,North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure to
comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason,plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Mr.Raleigh Bland,Washington Field Office,
Regulatory Branch, telephone[phone], extension 23.
Sincerely,
1
Raleigh Bland,P.W.S.
Regulatory Project Manager

-2-
Copies Furnished without enclosure:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S.Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Hestron Plaza II, 151-B Highway 24
Morehead City,North Carolina 28557
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr.Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson'Road
Charleston, South Carolina 29412-9110

s
-3-
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

�o�th Carp//'H
NORTH CAROLINA MARINE FISHERIES COMMISSION
3 o DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
ya y
N Sherles COS
COMMISSIONERS
MICHAEL F.EASLEY CHARLIE ADAMS BRYAN GILLIKIN
Governor Greenville Atlantic Beach
DR.B.J.COPELAND BRADLEY STYRON
WILLIAM G.ROSS,JR. Raleigh Cedar Island
Secretary MAC CURRIN RUSTY RUSS
Raleigh Shallotte
JIMMY JOHNSON DR.BARBARA GARRITY-BLAKE
Chairman Gloucester
December 16,2004 II / n
RECR 1� ED
Mr. Doug Huggett
N.0 Division of Coastal Management DEC 21 2004
1638 Mail Service Center
Raleigh,NC 27699-1638 DIV.OF COASTAL NiAT:AGEMENT
RALEIGH
Dear Mr.Huggett:
The North Carolina Marine Fisheries Commission was asked to clarify comments on the PCS Phosphate Railroad
Trestle CAMA permit by PCS Phosphate in a letter dated November 2,2004.The MFC assigned the issue to its
Habitat and Water Quality Committee for further review.Upon receiving the Committee's advice,the MFC
discussed clarification of our comments on the permit at our December 2-3,2004 meeting.
The MFC removed its objection to the project as proposed with the understanding that the compensatory mitigation
of Baily's Creek be held in perpetuity by a third party and that a minimum of three,thirty-six inch culverts be used
for the crossing of Whitehurst Creek. PCS provided a hydrologist's report that showed that the three,thirty-six inch
culverts and the 200-foot trestle would adequately maintain a natural flow regime in Whitehurst Creek.
If these measures are incorporated into the CAMA major permit for the PCS Phosphate Railroad Trestle project,
MFC removes its objection.
Sincerely, R9P 133 L.DE 2 2 2004
James r.A.Joon, i
North Carolina Marine Fisheries Commission
Cc: MFC Morehead City ®CM
MFC Habitat and Water Quality Committee
Preston Pate
Mike Street
Sean McKenna
Ross M. Smith(PCS Phosphate)
P.O. Box 769,Morehead City,NC 28557-0769 or 121 North Reed Drive,Washington NC 27889
www.nerisheries.net

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr,, Director
William G. Ross Jr., Secretary
MEMORANDUM POO
LTC 16 2004
TO: Doug Huggett Morehead City DCM
THROUGH: Mike Street
FROM: Sean McKenna
DATE: December 15, 2004
SUBJECT: PCS Phosphate Company, Mining Permit Modification, Railroad Bridge re-location
Beaufort County
The following comments are provided under authority of G. S. 113-131.
Based on information provided to the NCDMF by PCS, the NCDMF removes its objection to the
proposed project.
However, the NCDMF is still concerned with the potential alteration of the natural flow regime
of Whitehurst Creek. Thus, we request that if this regime is altered, PCS will be required through permit
conditions, to take all necessary steps to restore the natural flow regime. The NCDMF further requests
that the development of a channel on either side of the culverts be used as the trigger for corrective
action.
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One
NorthCarolina
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net ;Vaturattra
An Equal opportunity/Affirmative Action Employer—50%Recycled 110%post Consumer Paper

PCs
Phosphatev AURORA
PCs PHOSPHATE COMPANY,INC.
P.O.BOX 48,AURORA,NC U.S.A.27W6
Certified Mail
September 27, 2004
Mr. Doug Huggett
Division of Coastal Management r
NC Dept. of ENR
151-B Hwy 24 Mnreh ,c,
Hestron Plaza III' �-
Morehead City,NC 28557
Re: PCS Phosphate RR Trestle CAMA Permit
Dear Mr. Huggett:
PCS Phosphate has reviewed the latest comment letters from the Marine Fisheries
Commission(7/22/04)and the NC Division of Marine Fisheries(7/23/04)regarding
conditions involved in removing their objections to the proposed project. These letters
and conditions resulted from discussions held at a MFC Habitat and Water Quality
Committee meeting. However, PCS Phosphate had a different understanding of one of
the conditions from how it appears in the comment letters.
The condition that states that three culverts greater than or equal to 60 inches in diameter
be used and that hydrologists be consulted to determine if a natural flow regime will be
maintained with the combination of the culverts and the bridge, was not what we thought
was agreed upon. PCS Phosphate thought the agreement stated that three 60-inch
culverts were required unless a hydrologist is consulted and determines that a natural
flow regime will be maintained without the culverts or with smaller culverts.
If you recall,the original application design proposal in April 2003 used two 8-foot box
culverts to cross Whitehurst Creek with the railroad. Enclosed is the cover letter from a
March 5, 2003 report by Robert M. Chiles, P.E.,Engineers, Consultants& Marine
Surveyors,that states the two 8-foot box culverts will not create a net change in flow
regimes. In October 2003, the application was modified and the design was changed to a
200-foot long trestle and three 36-inch culverts. The 401 Water Quality Certification
from DWQ was based on that design.
There is a huge amount of flow capacity difference between two 8-foot box culverts and
a 200-foot long trestle plus three 36-inch culverts. Also enclosed is an August 17, 2004 e-
mail from Bob Chiles re-examining the flow question. We continue to believe that
culverts of any size are not necessary,based on the flow capacity through the trestle, but
we have agreed to the three 36-inch culverts. The requirement for 60-inch culverts will
add a cost of$17,000 that is completely unnecessary, and may require a modification to
the 401 Certification. PCS Phosphate respectfully requests that the CAMA permit be
\\aurdatal\u-enva\Administration\Personnel Files\Furness\2004\Sep\Huggett Trestle Letter.doc

approved as per the application design utilizing a 200-foot trestle and three 36-inch
culverts.
If you have any questions,please call me as soon as possible at(252) 322-8249, or e-mail
me at [e-mail].
inceDr�ely,
ra J y C,q'...At Ss
-revy C. Furness
Senior Environmental Scientist
Enclosures
pc: James Johnson, Jr.
Sean McKenna
23-03-001-73
\\aurdatal\u-enva\Administration\Personnel Files\Furness\2004\Sep\Huggen Trestle Letter.doc

r
Jeff Furness To: Jeff Furness/EnvA/Aurora/Phosphate/PCS
"�► '• 09/29/04 09:53 AM Subject: Flow Re-evaluation
"Bob Chiles" To: <[e-mail]>
1 ` <bob@robertmchilesp cc:
e.com> Subject: pcs rail re-alignment
NOW 08/17/2004 08:36 AM
TEX>
I have reviewed the previous hydrology study completed by our office in
March, 2003 as it relates to the proposed railroad crossing at Whitehurst
Creek and offer the following comments based upon that study:
1- The original design for this crossing was fo flow Whitehurst Creek
through two (2) concrete box culverts having a 6 ft x 8 ft clear opening and
being 80 ft long.
2- The hydrology study was based on the two (2) 6 ft x 8 ft culverts being
the only path for Whitehurst Creek to flow beneath the railroad crossing.
3- The study found that during a 100 year storm event the water level
within Whitehurst Creek would rise to approximately 2.7 feet above mean sea
level or about 2.0 feet above normal water level. This increase in water
level would cause only slight overflow of the existing creek channel into
the adjoining low ground. The 10 year and 2 year storm event would
naturally result in lower flows and consequently lower water levels would
occur during peak flow conditions from these rainfall events.
4- Flow conditions that occur during periods of high storm tide events were
also investigated and it was our opinion that backing tidal water into the
upstream water shed to a water level of plus 10 feet above mean sea level
would result in the containment of approximately 750 acre feet of water in
the 150 acre watershed. The two (2) box culverts could flow a maximum
total of 1240 cubic feet per second with free outfall condition and 10 ft of
head. Using an average flow rate of 620 cubic feet per second, the 150
acre water shed could fill or drain completely in approximately 14.5
hours.
5- The current plan is to install a railroad trestle over the run of
Whitehurst Creek with a clear span of in excess of 240 feet. This trestle
will replace the original two (2) box culverts and will increase the flow
section width for the Whitehurst Creek from 12 feet to greater than 240
feet. Since the 12 foot section width of the culverts was found to be
sufficient for the expected flows, the trestle width 20 times greater wil
certainly be more than sufficient.
CONCLUSION:
It is our opinion that the railroad track crossing over Whitehurst Creek on
a trestle will provide a flow area cross section far in excess to that
necessary for any anticipated flows that will occur in Whitehurst Creek or
over the adjoining low ground adjacent to the main channel of the creek.
We also are of the opinion that additional culverts passing through the
approach fill to the trestle are unnecessary for carrying storm water runoff
or any other anticipated flows within Whitehurst Creek.
Bob Chiles
ROBERT M. CHILES, P.E.

A7jA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor Preston P, Pate, Jr.; Director
William G. Ross, Jr., Secretary
MEMORANDUM
TO: Doug Huggett
THROUGH: Mike Street
FROM: Sean McKenna
DATE: July 23, 2004
SUBJECT: PCS Phosphate Company, Mining Permit Modification, Railroad Bridge re-location Beaufort
County
If the measures outlined by the Marine Fisheries Commission Habitat and Water Quality Committee are
incorporated into the CAMA permit, the NCDMF will remove its objection to the proposed project. Those
measures are:
1. The compensatory mitigation of Bailey's Creek be held in perpetuity by a third party,
2. A minimum of three large(greater than or equal to 60 inches in diameter) culverts be used for the crossing
of Whitehurst Creek, and
1 3. A hydrologist will be consulted by DCM to determine in a written report if a natural flow regime will be
maintained in the creek and wetlands with the combination of the culverts and the bridge.

�o,th CarolH
oil -� NORTH CAROLINA MARINE FISHERIES COMMISSION
3
' DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
y .O
h�
F
P�Sheries
COMMISSIONERS
MICHAEL F.EASLEY NORM BRADFORD BRYAN GILLIKIN
Governor Nags Head Atlantic Beach
DR.B.J.COPELAND TILMAN GRAY
WILLIAM G.ROSS,JR. Raleigh Avon
Secretary MAC CURRIN RUTY RUSS
Raleigh Shallotte
JIMMY JOHNSON DR.BARBARA GARRITY-BLAKE BRADLEY STYRON
Chairman Gloucester Cedar Island
July 22, 2004
RECEIVED
Mr.Doug Huggett J U L 2 6 2004
N.C.Division of Coastal Management
1638 Mail Service Center DIV.OF COASTAL MANAGEMENT
RALEIGH
Raleigh,NC 27699-1638
Dear Mr. Huggett:
The North Carolina Marine Fisheries Commission(MFC)has re-viewed the CAMA Major permit application
for a PCS Phosphate Company project in Beaufort County. The applicant wants to build a railroad crossing of
the upper area of Whitehurst Creek. The MFC Habitat and Water Quality Committee had a site visit of the
project and further discussed the project with PCS officials.
Based upon the advice of our Habitat and Water Quality Committee, the MFC removes its objection to the
project as proposed with the understanding that the compensatory mitigation of Bailey's Creek be held in
perpetuity by a third party, that a minimum of three large (greater than or equal to 60 inches in diameter)
culverts be used for the crossing of Whitehurst Creek, and that hydrologists be consulted to determine in a
written report if a natural flow regime will be maintained with the combination of the culverts and the bridge.
PCS officials at our Habitat and Water Quality Committee meeting did not object to these measures.
If these measures are incorporated into the CAMA major permit for the project, the MFC removes its
objection.
Sincer ,
/4.
James A. Johnson,Jr., Chairman
North Carolina Marine Fisheries Commission
JJ:km
Cc: MFC
MFC Habitat and Water Quality Committee
Preston Pate
Mike Street
Sean McKenna
P.O.Box 769,Morehead City,NC 28557-0769 or 121 North Reed Drive,Washington NC 27889
www.itcfisheries.net

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Acting Director William G. Ross Jr.,Secretary
March 4, 2004
Mr. Jeff Furness
PCS Phosphate Company, Inc.
PO Box 48, Environmental Affairs Department
Aurora, NC 27806
Dear Jeff:
This letter is in response to your application request under the Coastal Area Management
Act (CAMA) to relocate existing rail, construct a 200-foot trestle and three 36-inch culverts in
Whitehurst Creek in Beaufort County, North Carolina.
During the multi-agency review of this permit application, environmental concerns from
the NC Division of Marine Fisheries staff and NC Marine Fisheries Commission were raised.
Upon receipt of your written request by email, I placed the application on hold, effective March
4, 2004, until these issues can be resolved. The Division of Coastal Management will resume
processing of the application when we receive written notification from you.
If you have any questions concerning this matter, please feel free to contact me by phone
(919/733-2293 ext. 247), fax [phone]), mail (1638 Mail Service Center, Raleigh, NC
27699-1638) or electronic mail ([e-mail]).
Sincerely,
Kristie F. Corson
Assistant Permits and Consistency Coordinator
cc: David Moye—DCM, Washington
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

PCS Phosphate RR Permit
Subject: PCS Phosphate RR Permit
Date: Thu, 4 Mar 2004 08:00:43 -0500
From: [e-mail]
To: [e-mail]
CC: [e-mail]
Kristie:
Please place the PCS Phosphate application for railroad relocation on hold,
while we try and discuss the issue with the Division of Marine Fisheries. I
will follow this e-mail up with a letter request.
Jeff Furness
I of 1 3/4/04 8:03 AM

Car°/,
NORTH CAROLINA MARINE FISHERIES COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
e�shertes G°�
COMMISSIONERS
MICHAEL F.EASLEY NORM BRADFORD BRYAN GILLIKIN
Governor Nags Head Atlantic Beach
WILLIAM G.ROSS JR. DR.B.J.COPELAND TILMAN GRAY
Raleigh Avon
Secretary MAC CURRIN RUSTY RUSS
Raleigh Shallotte
JIMMY JOHNSON DR.BARBARA GARRITY-BLAKE BRADLEY STYRON
Chairman Gloucester Cedar Island
February 26,2004
Ms.Kristie Corson
1638 Mail Service Center
Raleigh,NC 27695-1638
Dear Ms.Corson:
The North Carolina Marine Fisheries Commission(MFC)Habitat and Water Quality Committee offers the following comments on an
application for a Division of Coastal Management(DCM)permit from PCS Phosphate Company. The permit application involves
moving a section of the Norfolk-Southern Railroad in Beaufort County on the PCS property.
The MFC Habitat and Water Quality Committee objects to the project as proposed. Even though the project has been modified from the
original application,significant concerns still exist. Created and natural wetlands will be impacted by the project. These wetlands are
part of the South Creek ecosystem,where tributaries serve as important habitat for juvenile fish and shellfish. The Committee
recommends that the wetlands be completely crossed with a railroad trestle.
The Committee is also concerned with the proposed activity in a mitigation site in the South Creek area. The mitigation area was
developed by members of the phosphate industry as potential compensation for activities associated with phosphate mining. The
Committee is opposed to altering or impacting areas that were created as mitigation for previous environmental impacts. The continued
alteration of mitigation areas defeats the purpose of the creation of these mitigation sites.
If you have any comments or questions about our comments,feel free to contact us at 919-837-5024(Dr.Copeland)or 252-729-8021
(Dr.Garrity-Blake).
Sincerely,
Dr.B.J.Copeland,Commissioner
Co-Chair,Habitat and Water Quality Committee M1�R n 2 2004
NC Marine Fisheries Commission
Dr.Barbara Garrity-Blake, issioner
NC Marine Fisheries Commission
Co-Chair,Habitat and Water Quality Committee
BC/BGB/cr
Cc: MFC Preston Pate Jess Hawkins Mike Street Habitat and Water Quality
P.O. Box 769, Morehead City, NC 28557-0769 or 121 North Reed Drive, Washington, NC 27889
www.ncfislieries.net

*A
D R
North Carolina Department of Environment and Natural Pasources
Division of Marine Fisheries
Michael F. Easley, Governor 'Preston P. Pate, Jr., Director
William G. Ross, Jr.,Secretary
MEMORANDUM
TO: Kristie Corson
THROUGH: Mike StraK
FROM: Sean McKenna
DATE: February 19, 2004
SUBJECT: PCS Phosphate Company, Relocation of Norfolk-Southern Railroad, Beaufort County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF)on the subject
permit are offered pursuant to G.S. 113-131. The NCDMF objects to this project due to the loss of 404 wetlands,
public trust waters, and impacts to an existing mitigation site.
This project will impact created and natural wetlands and Public Trust Areas in the Whitehurst Creek
mitigation project area. Since the causeway will eliminate contiguous sheet flow across the wetland, the amount of
sediment and nutrients entering the system downstream of the proposed project will increase. Sedimentation affects
the habitat of aquatic marcoinvertebrates (such as amphipods and clams)that serve as food for various estuarine
species, as well as the quality and amount of fish spawning and nursery habitat. These effects lead to alterations in
community density, diversity and structure. Additionally, sedimentation can clog the gills of fish,reducing
respiratory abilities. This stress, may in turn, reduce tolerance levels to disease and toxicants, and to changes in
dissolved oxygen concentrations and salinity, compromising the health of local fisheries resources. Nitrogen and
phosphorus can accelerate eutrophication resulting in algal blooms, reduced transparency, shifts in algal and fish
populations, and fish kills. If all wetlands were crossed with a railroad trestle, instead of the proposed 200 foot
trestle, than these concerns would be alleviated.
While all aspects of this project are problematic the work in the mitigation area is especially so. This area
was established in 1992 to mitigate impacts to the upper channel of this creek. In 1995 PCS obtained a 401 Water
Quality Certification to impact approximately 3,000 feet of the upper part of this mitigation area. To mitigate this
work PCS relocated a portion of the channel and constructed a pride stilling basin to enhance the habitat for aquatic
life. For the proposed work PCS wants to impact the previously created wetlands and Public Trust Area in the
mitigation area. This continued disturbance to the mitigation area brings to light the problem of not protecting
mitigation areas for perpetuity.
ZO 'd �T:6 b0, bZ qad S7�3ddd/SQNd�Ef1S jwa

� a
RECEIVED
FFR 0 2 2004
imonO� GMHNAGEMEN
t.�
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: Kristie Corson,Assistant Major Permits Processing Coordinator
sion of Coastal),Vlar eem�entt,,DENR
FROM: Danielle R.Pender,A�ct�mJg Northeast Coastal Region Coordinator
Habitat Conservation Program
DATE: 29 January 2004
SUBJECT: CAMA Modified Permit Application for PCS Phosphate Relocation of the Norfolk-
Southern Railroad,Beaufort County
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the
modified permit application with regards to associated impacts on fish and wildlife resources. The project
site was visited on 16 May 2003. Our comments are provided in accordance with provisions of the
Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended,and the Fish and
Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C.661 et seq.).
PCS Phosphate Company has modified their permit application for the relocation of the Norfolk-
Southern Railroad. The modification involves reducing the rail bed from 100 feet to 68 feet through the
wetland,constructing a 200-foot trestle to span Whitehurst Creek,and installing three 36-inch culverts
through the railroad bed in the floodplain north of the trestle. The modification will result in the
reduction of wetland fill from 1.76 acres to 0.96 acres. Outside of the wetland,the cleared right-of-way
will remain 100 feet wide.
We appreciate that the applicant has minimized the alignment and reduced wetland impacts;
however,we feel that there are remaining issues. In our earlier comments(20 May 2003,McHenry),we
recommended that the applicant also consider and discuss siting alternatives,additional information
regarding mitigation location and ratios,and removal of the existing rail spur. In addition,the applicant
mentioned that a threatened and endangered species survey was conducted and written up for the Draft
Environmental Impact Statement published in January 1994 for the last mine continuation permit. We
feel that the survey data are outdated. Therefore,we recommend that a field survey of the proposed
impacted area be conducted for nesting bald eagles(Haliaeetus leucocephalus)prior to work
commencing. It is our understanding that pine trees of suitable size are limited in the proposed impact
area; however, if the railroad re-alignment will result in the cutting of any pine trees suitable for nesting
or foraging of red-cockaded woodpeckers(Picoides borealis),then surveys should he conducted for this
species as well.
We appreciate the opportunity to review and comment on this project. If you need further
assistance or additional information,please contact our office at(919)851-3150.
cc: Raleigh Bland —USACOE, Washington Field Office
Howard Hall—USFWS,Raleigh
John Dorney—NCDWQ
E-mail: David Allen,NCWRC
Sarah McRae,NHP
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721
Telephone: [phone] ext.281 • Fax: [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Acting Director William G. Ross Jr.,Secretary
January 20, 2004
PCS Phosphate Company, Inc.
PO Box 48,Environmental Affairs Department
Aurora, NC 27806
ATTN: Jeff Furness
Dear Mr. Furness:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to relocate existing rail, construct a 200-foot trestle and three 36-inch
culverts in Whitehurst Creek in Beaufort County.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S..
113A-122(c) which would make April 4, 2004, the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, if you have any question on the status of your application, do not hesitate to
contact me by phone [phone] ext. 247) or e-mail ([e-mail]).
Very sincerely,
Kristie F. Corson
Asst. Major Permits/Consistency Coordinator
cc: DCM, Morehead City
David Moye—DCM, Washington
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

:-��WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Acting Director William G. Ross Jr.,Secretary
January 7, 2004
MEMORANDUM
TO: Mr. Michael Street
NC Division of Marine Fisheries
Habitat Protection Section
CC: Press Pate, Director Division of Marine Fisheries
FROM: Kristie Corson
Assistant Major Permits Processing Coordinator
SUBJECT: PCS Phosphate Relocation of the Norfolk-Southern Railroad
MODIFIED CAMA Major Permit Application
Beaufort County
Enclosed is the modified permit application for the above referenced project. The original
application proposed 100-foot wide rail bed with two crossings of Whitehurst Creek. As
proposed, the project would fill 1.76 acres of 404 wetlands. The modified plan proposes a 68-
foot wide rail bed, a 200-foot trestle spanned crossing and three 36-inch culverts for the second
crossing. Wetland fill has been reduced to 0.96 acres.
Also enclosed are your Division's comments on the original application and comments received
from the NC Marine Fisheries Commission. Please review the modified plans and provide your
comments to me within 3 weeks of the date of receipt. I appreciate your assistance with this
process.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

WATF9p Michael F.Easley,Governor
William G.Ross Jr.,Secretary
\0 G� North Carolina Department of Environment and Natural Resources
r
� Alan W.Klimek,P.E.,Director
pQy Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
December 8, 2003
Beaufort County
DWQ Project#: 03-0447
APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River
Mr. Jeffrey Furness
Senior Environmental Scientist RECEIVED
PCS Phosphate, Inc.
P.O. Box 48 DEC 11 2003
Aurora, NC 27806
,6*.OFMWAL NOW
Dear Mr. Furness: MON
You have our approval in accordance with the attached conditions and those listed below, to place fill
material in 0.96 acres of wetlands (total impact of 1.76 acres including clearing in wetlands) and 0.23
acres of buffers for the purpose of constructing a rail line relocation for the Norfolk-Southern Railroad at
the Whitehurst Creek crossing, as you described in your modified application dated November 3, 2003
(received on November 4, 2003). After reviewing your application we have decided, this fill is covered
by General Water Quality Certification Number 3400 for the CAMA Permit to be issued by the Division
of Coastal Management. This approval is also valid for the Tar-Pamlico River buffer rules (15A NCAC
2B .0259). In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify
the state in order to assure compliance for future wetland and/or water impact. These
is
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
[phone](phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands

f V
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of
the 404 Permit (whichever is later).
2. An additional condition is that stormwater shall be directed to sheetflow at non-erosive
velocities through the protected stream buffers from the rail line.
3. An additional condition is that the invert one of the three pipes must be set at an elevation
20% lower than the diameter of one pipe or one (1) foot than the other two pipes in order to
provide aquatic life passage at low stream flow.
4. Mitigation at the Bailey Creek relocation and restoration project as proposed in your
November 3, 2003 letter is acceptable to DWQ.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Tom Steffens at our
Washington Regional Office at 252-946-6481.
Sincerely,
rimek, 4ct
Attachment
cc: Doug Huggett; NC Division of Coastal Management
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File Copy
Central Files

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
November 5, 2003
Regulatory Division
Action ID No. 200310539
RECEIVE )
NOV 12 2003
Mr. Doug Huggett AV.OFCOW41MANMGEMFX
Division of Coastal Management RAWI H
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the revised application of PCS Phosphate for a Department of the Army(DA)
permit to place fill material within wetlands and construct a railroad spur, on property located
off State Road 1941, adjacent to Whitehurst Creek, near Aurora,in Beaufort County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
revised permit plans, which are a part of this permit, including the 4.8-acre Bailey Creek
Mitigation Plan.
2. No vegetated wetlands will be excavated or filled outside of the authorized areas.
3. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands are not authorized.
4. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
5. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.

r
-2-
6. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
7. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division, telephone [phone],extension 23.
Sincerely,
W"
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-3-
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort,North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

MEMORANDUM
TO: Doug Huggett
FROM: David Moye
THROUGH: Terry Moore
DATE: 5 November 2003
SUBJECT: PCS Phosphate Relocation of the Norfolk-Southern Railroad Permit Application
The proposed project is for the construction of a new railroad spur crossing the head of
Whitehurst Creek off SR 1941 near the Town of Aurora in Beaufort County. The application has
been modified to include a 200'trestle over Whitehurst creek and the installation of 3—36"culverts
as well as a reduction of the bed width from 100 feet wide to 68 feet wide.
The proposed project appears to be consistent with the rules found in Subchapter 7H
concerning development in Public Trust Areas and Coastal Shoreline.
I recommend issuance of the permit and in addition to the standard conditions would suggest
the following be included:
Conditions
1. No excavated or fill material will be placed at any time in any wetlands or surrounding
waters outside of the alignment of the fill area indicated on the work plat(s).
2. The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.

Instructions to Word Processing: This is a card letter 31.
October 30, 2003
Regulatory Division
Action ID No. 200310539
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
And Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the revised application of PCS Phosphate for a Department of the Army permit
to place fill material within wetlands and construct a railroad spur, on property located off State
Road 1941, adjacent to Whitehurst Creek,near Aurora, in Beaufort County,North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
revised permit plans, which are a part of this permit, including the 4.8-acre Bailey Creek
Mitigation Plan.
2. No vegetated wetlands will be excavated or filled outside of the authorized areas.
3. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands are not authorized.
4. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
5. No excavated or fill material will be placed in any location or in any manner so as to

f �
impair surface water flow into or out of any wetland area.
6. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
7. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division,telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
And Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort,North Carolina 28516

Mr. David Rackley
NMFS,Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30�03
Mr. Terry Moore,District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

{ RECEIVED
PCS OCT 2 8 200J
Phosphate VAURORA 3N 0FC0W�•ALWAGEMEM
�7l1 PCS PHOSPHATE COMPANY,INC. LIN
P.O.BOX 48,AURORA,NC U.S.A.27806
October 24, 2003
Mr. Raleigh Bland
U.S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington,North Carolina 27889
Re: Action ID 200310539
Permit Application Modification for Relocation of Norfolk-Southern Railroad
Dear Mr. Bland:
PCS Phosphate is modifying its application to relocate the Norfolk-Southern railroad track, in
particular the section that is proposed to cross Whitehurst Creek. Currently, the application calls
for the channelized creek and floodplain to be crossed by utilizing two 8-foot box culverts and
ten 24-inch culverts. We are modifying the plan so that the creek channel will be spanned by a
200-foot trestle, and there will be three 36-inch culverts placed through the railroad bed in the
floodplain north of the trestle. We have also reduced the width of fill for the railroad bed
through the wetland to 68 feet. The cleared right-of-way will remain 100 feet wide. The new
cross-section drawings are enclosed as Sheets 1 of 2 and 2 of 2.
The modifications proposed will reduce wetland acreage impact and hopefully eliminate any
concerns regarding hydrologic connectivity between upper and lower Whitehurst Creek. Total
wetland acreage filled is now 0.96 acres (0.55 + 0.414), and total wetland acreage filled plus
acreage disturbed due to right-of-way clearing is 1.76 acres (1.35 + 0.414). Enclosed is a plan
view drawing of where these wetland impacts will occur and impact acreages.
The last information package submitted to you, dated August 18, 2003, revised the mitigation
plan to include the whole 4.8-acre Bailey creek channel and floodplain project. Monitoring
reports and a DWQ success letter were also provided in the package. One item that has not been
specifically addressed in this permitting process is threatened and endangered species. The
entire surrounding area was surveyed and information on threatened and endangered species was
written up in the Draft Environmental Impact Statement (DEIS) published by the Corps in
January 1994 for the last mine continuation permit. There was a finding of no adverse affect on
any Federally-listed species. A copy of the USFWS Section 7 consultation letter dated February
22, 1995 is enclosed, along with pertinent pages from the DEIS.
U:\Administration\Personnel Files\Furness\2003\Oct\RR Permit Modif..doc

Thank you for your assistance in this permit process. If you have any questions, please call me at
[phone].
Sincerely,
1ti'V
,ILV
iJeie4y C. Furness
Senior Environmental Scientist
Encl.
PC: John Dorney DWQ-Raleigh w/encl.
Tom Steffens DWQ-WaRO w/encl.
Kristie Corson DCM-Raleigh w/encl.
David Moye DCM-WaRO w/encl.
23-03-001-73 w/encl.
U:\Administration\Personnel Files\Furness\2003\Oct\RR Permit Modif..doc

• �OF W ATFRQ Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�O G� North Carolina Department of Environment and Natural Resources
r
� Alan W.Klimek,P.E.,Director
O Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
October 9, 2003
Beaufort County
DWQ#03-0447
WAIVER of 401 Water Quality Certification .•. '^'h
Mr. Jeffrey Furness OCT 13 2003
Senior Environmental Scientist
PCS Phosphate, Inc. -mrski 0,111AGEMEN'
P.O. Box 48 �ry'�� Fu �,u'�
Aurora, NC 27806
Dear Mr. Furness:
Your application for a 401 Water Quality Certification was received in the Central Office on April 14,
2003 (LAMA Application dated April 10, 2003) with an additional response from you dated July 18, 2003
(received July 22, 2003). According to our rules [15A NCAC 2H .0507 (a)], if final action is not taken within
60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ
has waived the requirement for a 401 Water Quality Certification for your plans to impact 1.43 acres of
wetlands as described in your application (and cover letter to DWQ dated May 20, 2003) and as modified in
your July 18 response. This plan also includes debiting the wetland creation done at the Bailey Creek site at
your proposed ratio of 1:1 as well as the revised plan for culverts under the railroad bed that is located in the
Whitehurst Creek floodplain and a conservation easement placed on the Parker farm mitigation tract.
However if additional impact occurs or your development plans change, this waiver is no longer valid
and a 401 Water Quality Certification will be required.
If you have any questions, please telephone John Dorney at 919-733-1786 or Tom Steffens at our
Washington Regional Office at 252-946-6481.
incerely,
ohn . Dorney
Cc: Washington DWQ Regional Office
Washington Field Office Corps of Engineers
Doug Huggett, Division of Coastal Management
Central Files
File Copy
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
[phone](phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands

01/07/2004 11: 49 2523224444 PCS PHOSPHATE ENV AF PAGE 02/06
apF A*,- {^/ .', `:,�;, ' �i';•;, Michael F.Easley, Govenor
V l I ,I i I, Wiliam G.Rom,Jr.Secretary
y OCT 0 6 2003 li pepartment of Environment and Natural Resources
O Alan W.Klimek, P.E.,Director
Division of Water Quality
October 3, 2003
Mr. Jeff Furness
PCS Phosphate Company
PO Box 48
Aurora, NC 27806
Subject: Permit No SW7030413
General Stormwater Permit
NSR Railroad Relocation
Beaufort County
Dear Mr, Furness'
The Washington Regional Office received the completed Stormwater Application for the subject
project on September 24, 2003. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title I SA NCAC
2H 1000. We are forwarding Permit No. SW7030413 dated October 3, 7003 to PCS Phosphate
Company.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or'limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to Chapter
150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings,
P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be
final and banding.
943 Washington Square Mall,Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Airwmative Action Employer
f

01/07/2004 11: 49 2523224444 PCS PHOSPHATE ENV AF FAGE 03/06
Page 2
Mr_ Jeff Furness a-
October 3, 2003
If you have any questions or peed additional information concerning this matter, please contact
Mr_ Robert Tankard at [phone], extension 233_
Sincerely,
/<
Pim ulligan
Water Quality Supervisor
Washington Regional Office
cc: Robert M. Chiles, PE
Beaufort County Inspections
Washington Regional office
Central Files
943 Washington Square Mall,Washington, North Carolina 27888 Telephone [phone] FAX [phone]
An Equal Oppom.. y Athrvmtrve Action Employer

01/07/2004 11: 49 2523224444 PCS PHOSPHATE ENV AF PAGE 04/06
State-StorMWater Management Systems Permit No. SW7030413
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
GENERAL PERNUT
f
In accordance with the provisions of Articld 21 of Chapter 143, General Statutes of;North Carolina
as amended, and other applicable Laws,Rules and Regulations
PFRNIISSION IS HEREBY GRAN= TO
PCS Phosphate Company
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with
the provisions of 15A NCAC 2H,1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this permit
for the NSR Railroad Relocation located a*g Hwy. 306 north of Aurora, NC.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations.
L DESIGN STANDARDS
1. 19 acres of new impervious areas are proposed.
�. Approved plans and specifications for projects covered by this pernut are
incorporated by reference and are enforceable parts of the permit.
r
3

01/07/2004 11: 49 2523224444 PCS PHOSPHATE ENV AF PAGE 05/06
3. No stormwater piping in addition to the existing piping shall be allowed except:
a. That'mlr'U'Mum amount necessary to direct runoff beneath an impervious
surface such as a road,
b. That minimum amount needed under driveways to provide access to lots.
M SCHEDULE OF COMPLIANCE
1. Grasslined swales, vegetated buffers and other Best Management Practices used for
stormwater runoff control shall be adequately xnaintained throughout the life of the
project-
2. The permitted shall at all times provide adequate erosion control measures in
conformance with the approved Erosion Control Plan.
3. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
U1 GENERAL CONDITIONS
1. Failure to abije by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action-by the Division of Water Quality, in
accordance with North Carolina General Statutes 143-215.6A to 143.215.6C.
2. The permit may be modified, revoked or terminated for cause. The filing of a
request for a permit modification, or termination does not void any permit condition.
3, The issuance of this permit does not prohibit the Director from reopening and
modifying laws, rules, and regulations contained in Title 15,A of the North Carolina
Administrative Code, Subchapter 2N,1000;and North Carolina General Statute 143-
215.1.et.al.
4. The following-items will require a modification to the permit,
1
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision of the project area
f. In additions, the Director may determine that other relvisions to the project
should require a modification to the permit.
4
t

01/a7/2'aa4 11: 49 2, 224444 PCS PHOSPHATE ENV AF 6e
5. For any additions or modifications of the previously permitted built-upon area, the
permittee shall submit to the Director revised plans and specifications and shall
receive approval prior to construction.
6, The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified
in the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet, minimum requirements. The permittee shall provide
copies of revised plans and-certification in writing to the Director that the changes
have been made_
7. The permit is not transferable to any person except aRer notice to and approval by
the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of
this request will be considered on its merits, arld may or may not be approved.
8, The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (local, state and federal)which have jurisdiction_
Permit issued this the 3`d day of October 2003.
0
NORTH CAROLINA ENVERONWNTAL vIANAGUNfENT COMMISSION
Y an V. Klimek, P.E., Director .`
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number S'W7030413
943 Washington Square Mall,Wa+hington,North Carolina 27889 Tdcphonc 252-946-6481 PAX 752-946-9215
An Equal opportmnity Afrr►native Action Employer

NUENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 26, 2003
JAMES A JOHNSON JR
CHAIRMAN
NORTH CAR0 JNA MARINE FISHERIES COMMISSION
PO BOX 769
MOREHEAD CITY NC 28557 0769
Dear Mr. Johnson:
Thank you for the letter received August 22, 2003, concerning the Coastal Area
Management Act (CAMA)Major Development Permit application submitted by PCS Phosphate
Company to construct a proposed railroad crossing of the upper area of Whitehurst Creek in
Beaufort County,North Carolina. As you may be aware, the Division of Coastal Management is
coordinating a multi-agency state and federal review of the proposal. I can assure your
comments will be examined and taken into consideration prior to the Division taking final action
on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments
will be added to the official permit application file for this project. Please feel free to contact
this office by phone [phone] extension 247), or email ([e-mail])if you
should have any additional concerns relating to this project.
Sincerely,4�' /�-4- n "SCE
Kristie F. Corson
Assistant Permits and Consistency Coordinator
Division of Coastal Management
cc: "David Moye—DCM,Washington
Charles Jones—DCM,Morehead City
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

+ �01<h Caroll
•� NORTH CAROLINA MARINE FISHERIES COMMISSION
..; .r 7.r
3 , o DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
v y
7 �y
P�Sheries G°
COMMISSIONERS
MICHAEL F.EASLEY
Governor NORM BRADFORD BRYAN GILLIKIN
Nags Head Atlantic Beach
DR.B.J.COPELAND TILMAN GRAY
WILLIAM G.ROSS,JR. Raleigh Avon
Secretary MAC CURRIN RUSTY RUSS
Raleigh Shallotte
JIMMY JOHNSON DR.BARBARA GARRITY-BLAKE BRADLEY STYRON
Chairman Gloucester Cedar Island
August 1, 2003
Mr. Doug Huggett WULP
N. C. Division of Coastal Management AUG 2 2 2003
1638 Mail Service Center
Raleigh, NC 27699-1638 ON-ORMALAW691M
Dear Mr. Huggett:
The North Carolina Marine Fisheries Commission has reviewed the CAMA Major permit
application for the PCS Phosphate Company project in Beaufort County. The applicant wants
to build a railroad crossing of the upper area of Whitehurst Creek. As proposed, the project
would result in very large amounts of earth fill in wetlands that were created as mitigation for
earlier impacts of the company' s mining activities. Approximately 1.8 acres of coastal and 404
wetlands would be filled. This fill will seriously affect the natural sheet flow through the affected
wetlands. Placing culverts through the filled area will not compensate for the loss of sheet flow.
It is likely that the project will result in increased sedimentation in the downstream area, added
stress to fisheries resources inhabiting the area, and greater probability for hypoxia, increased
nutrients, and possible fish kills.
Based on the above discussion, the project will likely have significant adverse impacts on
the fisheries habitats of the affected area. Therefore, the North Carolina Marine Fisheries
Commission objects to issuance of a permit for this project.
Sincerely,
/ames A. Johnson, Jr., Chairman
North Carolina Marine Fisheries Commission
P.O.Box 769,Morehead City,NC 28557-0769 or PO Box 2132,Washington,NC 27889
www.ncfisheries.net

,NA Michael F.Easley,Governor
0 R William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.,Director
Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
■ June 19, 2003
DW Q # 03-0447
Beaufort County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. Jeffrey Furness � �
PCS Phosphate Company, Inc. JUN 2 5 2003
P.O. Box 48
Aurora, NC 27806 WOROASRT MNOMW
Dear Mr. Furness:
The Division of Water Quality has reviewed your plans (complete application received on May 23,
2003 via your letter) for the discharge of fill material into 1.43 acres of wetlands located at Northern
Southern Railroad Spur Relocation in Beaufort County for railroad relocation. Insufficient evidence is
present in our files to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as
described below, we will have to move toward denial of your 401 Certification as required by 15A
NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands.
Specifically, please address
1) whether the relocated rail line has a logical terminus on its northern end. According to
the application, the rail line ends at SR 1942. Will this then result in a relocated rail line
that is functional or will an additional extension north of SR 1942 be needed (and if so,
will it result in additional impact to wetlands, streams and buffers),
2) whether the 0.41 acre wetland mitigation site was required to have a conservation
easement to protect it from future impact. With respect to this project, it is likely that the
relocated Whitehurst Creek (up-stream of SR 1941) will provide mitigation for the original
impact to Whitehurst Creek. However, we are especially concerned that mitigation sites
(such as those along Bailey Creek) might be impacted by future mine expansions.
Please address the generic issue of future impacts to dedicated mitigation sites, and
3) what portion of the Bailey Creek mitigation area will be dedicated for this impacts from
this project.
Any documentation such as maps and narrative that you can supply to address alternative
designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information
to me and, one copy to Tom Steffens in our Washington Regional Office. If we do not hear from you in
Y
F4C R
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
[phone](phone),919-733-6893(fax),(http//h2o.enr.state.ne.us/ncwetlands)
Customer Service#: 1-877-623-6748

three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. If you have any questions, please telephone John Dorney at 919-733-1786 or
Tom Steffens in our Washington Regional Office at 252-946-6481.
Sincerely,
o PR. orney
40 Qualit rtification Program
cc: Washington DWQ Regional Office
Raleigh Bland, Washington Field Office Corps of Engineers
Central Files
File Copy
Doug Huggett, DCM

ALF5WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
June 11, 2003
Mr. Jeffrey Furness
PCS Phosphate Company Inc.
PO Box 48
Environmental Affairs Department
Aurora,NC 27806
Dear Mr. Furness:
This letter is in response to the application request under the Coastal Area Management Act
(CAMA) for the relocation of existing railroad on PCS property crossing Whitehurst Creek, in Beaufort
County, North Carolina. Processing of the permit application, which was received by the Division of
Coastal Management's Washington office on April 7, 2003, is ongoing. However, it has been determined
that additional information will be required prior to the Division taking final action on your application.
Your proposed project will require a stormwater permit from the North Carolina Division of Water
Quality.
The rules of the Coastal Resources Commission state that "no development shall be allowed in
any Area of Environmental Concern (AEC) which would result in a contravention or violation of any
rules, regulations or laws of the State of North Carolina or local government in which the development
takes place" (T15A:07H.0601), the Division has determined that in cases such as this, the stormwater
permit must be obtained prior to the issuance of a CAMA permit. Therefore, it is necessary that
processing of your permit application be placed in abeyance until such time as a stormwater permit for the
proposed project is issued by the North Carolina Division of Water Quality, and a copy of the approval
supplied to this office.
As required by T15A:07J.0204(d), during the pendency of any termination of processing, the
permit processing period will not run. Upon resolution of the above listed item, the Division of Coastal
Management will resume processing of the application at the point where it was terminated. It is also
important to note the negative comments received from the federal and state agencies regarding this
proposal. You are encouraged to work with the agencies to resolve the issues.
If you have any questions concerning these matters, please feel free to contact me by telephone
(919/733-2293 ext 247), fax [phone]) or e-mail ([e-mail]).
Sincerely,
,4Au Lt -_� -cd6o(')
Kristie F. Corson
Assistant Permits&Consistency Coordinator
Enclosure
cc: David Moye—DCM,Washington
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: hftp://dcm2.enr.state.nc.Lis
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

V y
DEPARTMENT OF THE ARMY
\�yjgri WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
June 5, 2003 RECEIVED
Regulatory Division JUN 0 6 2003
Action ID. 200310539 01V.OF COASTAL MANAO MW
RALP10H
PCS Phosphate Company, Incorporated
Attn: Jeffrey C. Furness
Environmental Affairs Department
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
On April 15, 2003, we received your application for Department of the Army (DA)
authorization to place fill material within wetlands and relocate an existing railroad
spur, on property located off State Road 1941, adjacent to Whitehurst Creek, near
Aurora, in Beaufort County, North Carolina.
After review of your proposal, the United States Fish and Wildlife Service recommended
revision of your application and plans by letter dated May 28, 2003 (copy enclosed). These
recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution
and/or rebut any and all objections before a final decision is made. In this regard,
I would appreciate being made aware of your intentions, in writing, on or before
June 19, 2003.
Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone
[phone], extension 23, is responsible for processing your application and
is available to assist you in coordinating with the review agencies.
Sincerely,
wo,vl�
pW S. Kenneth Jolly, P.W.S.
Chief, Regulatory Division
Enclosures

y
-2-
Copies Furnished (with enclosure):
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
Copies Furnished (without enclosure):
Mr. Doug Huggett
ivision of Coastal Management
orth Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-3-
Mr. Ronald J. Mikulak,Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303 ,

�OF W A 7-44 j Michael F.Easley,Govenor
�O G William G. Ross,Jr. Secretary
f North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E. Director
Divison of Water Quality
June 5, 2003
Mr. Jeffrey Furness
PCS Phosphate Company Inc.
PO Box 48 RECEIVED
Aurora,NC 27806
Subject: Stormwater SW7030413 JUN 0 6 2003
NSR Railroad Relocation DIV.OFCOASTALMANAGEMENT
Beaufort County FIALMH
Dear Mr. Furness:
This office received your CAMA/DREDGE& FILL Permit Application and supporting
information on April 11, 2003. A preliminary review of your application has been
completed and it has been determined that a Stormwater Permit is also required for this
project. This project has been assigned the number listed above. The following
additional information is needed before a stormwater permit can be issued:
- complete stormwater application & appropriate fee ($420.00)
- site plan showing development and stormwater control measures
- complete stormwater calculations and details
The above information must be submitted within 30 days, or your application will be
returned as incomplete. If you have questions, please contact me at [phone],
extension 233.
Sincerely,
-) I -L -�,/
t"" '
Robert Tankard
Environmental Engineer
Washington Regional Office
cc: Beaufort County Inspections
R.,,Tankard (WaRO)
,,Doug Huggett, CAMA
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

r f
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
IN REPLY REFER TO Washington,North Carolina 27889-1000
June 2, 2003 RECEIVED
Regulatory Division
JUN 0 4 '2003
Action ID. 200310539
DIN.OF CO�LeIt�H �MENT
PCS Phosphate Company,Incorporated
Attn: Jeffrey C. Furness
Environmental Affairs Department
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
On April 15, 2003, we received your application for Department of the Army (DA)
authorization to place fill material within wetlands and relocate an existing railroad
spur, on property located off State Road 1941, adjacent to Whitehurst Creek, near
Aurora, in Beaufort County North Carolina.
After review of your proposal, the United States Environmental Protection Agency
recommended revision of your application and plans by letter dated May 29, 2003
(copy enclosed). These recommendations are due to anticipated adverse environmental
impacts.
Our administrative process provides you the opportunity to propose a resolution
and/or rebut any and all objections before a final decision is made. In this regard,
I would appreciate being made aware of your intentions, in writing, on or before
June 16, 2003.
Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone
[phone], extension 23, is responsible for processing your application and
is available to assist you in coordinating with the review agencies.
Sincerely,
`F i, S. Kenneth Jolly, P.W.S.
Chief, Regulatory Division
Enclosures

-2-
Enclosure
Copies Furnished (with enclosure):
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington,North Carolina 27889
Copies Furnished (without enclosure):
Mr. Doug Huggett
D ision of Coastal Management
v'North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

'1
-3-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
„,zE,SrgrFs REGION 4
• A .
Sam Nunn Atlanta Federal Center
Ftir 5�2 61 Forsyth Street,S.W.
Atlanta,Georgia 30303-8960
Colonel Charles R. Alexander, Jr. MAY 2 9 10W
District Engineer
ATTN: Mr. Raleigh Bland
Washington Field Office
Wilmington District, Corps of Engineers
P.O. Box 1000
Washington,North Carolina 27889-1000
SUBJ: PCS Phosphate; Norfolk-Southern Railroad Relocation
Action I.D. No. 200310539
Dear Colonel Alexander:
This is in response to the above referenced state field investigation report("Report"),
dated April 29, 2003, for the filling of 1,908 square feet of creek bottom and 59,000 square feet
(1.35 acres) of forested wetlands to relocate a rail spur. According to the Report, the project is
located in and adjacent to Whitehurst Creek, northwest of Aurora, Beaufort County,North
Carolina. Mitigation is proposed in the form of 1.5 acres wetland creation from the applicant's
existing Bailey Creek Wetlands creation site.
The Environmental Protection Agency (EPA) has reviewed this proposal and sees no
attempt to avoid or minimize the impact generated by the project. According to the public
notice, the wetland to be filled by this project is a large area which has not been logged in over
50 years, and has a significant amount of palmetto present. It appears that there may be other
project designs which will not cause such a significant impact to waters of the U.S. Areas such
as the one proposed for impact are extremely important to North Carolina In terms of water
quality, water quantity, sediment stabilization, commercial and recreational fishing, and-wildlife
habitat and food chain maintenance. We understand that the applicant has*provided infonmation
related to their argument that the alignment of the railroad spur is the least damaging feasible
alternative, and also has provided information concerning the cost of bridging the stream versus
placing a culverted road crossing. However, much information is still needed.
The purpose of the proposed project is not clear. The vicinity map which was provided
with the Report does not appear to demonstrate a complete rail relocation project. The railroad is
shown as ending abruptly at State Road 1942, while the existing rail alignment appears to be
located approximately 1/4 to '/z mile east of the proposed alignment. The existing railroad tracks
proceed at least 2 miles northward from this point to the edge of the Pamlico River. Is the
permanent termination of the proposed railroad spur at this point on SR 1942, or will the new
railroad alignment continue past this point? It is assumed that the railroad is needed to provide
access to the plant facilities near the Pamlico River. The entire length of anticipated relocation

.1P
2
should be shown and included as a single and complete project, in order to be adequately
evaluated. The construction of the railroad line should not be permitted in a piecemeal fashion.
If the rail line is indeed intended to end at SR 1942, then the purpose of the project should be
clarified.
Also,the applicant has not adequately demonstrated avoidance and minimization of the
fill impacts in the stream and forested wetlands, which according to the Report, are rather
significant natural areas. Although the applicant provided information on the costs of building a
trestle versus the costs of fill and culverts, other considerations were not included in the analysis.
The applicant should provide information on the number of tracks needed, potential variation in
right-of-way (ROW) widths, fill slopes, and other design considerations that may minimize
impacts. Also, no culverts or other provisions are proposed for flow underneath the railroad
ROW through the wetlands. We recommend that the applicant either provide a trestle spanning
all aquatic resources, or propose adequate culverts to allow sheet flow to occur across the.
wetlands which are to be crossed.
The proposed compensatory mitigation is not adequate. The mitigation proposal provides
approximately 1:1 replacement for the acreage which is proposed for impact by fill. Although an
as-built report(dated August 1997) is provided, no information is provided on the success of the
mitigation site, which was planted in 1997. Monitoring reports should be provided to the
resource agencies to determine whether the site has resulted in successful creation over the past
5-6 years. We note that EPA's recommended mitigation ratio for creation is 6:1. At a ratio of
6:1, the applicant will need 8.1 acres of creation to adequately compensate for the impacted
acreage. Further, it is unclear as to the original purpose of the proposed mitigation. The
applicant should provide all available information on the site, including monitoring reports, and
any impacts which have already been debited.
Because of our significant concerns, and because EPA does not believe that this project
has complied with the 404(b)(1) Guidelines, we cannot recommend authorization for this project.
Thank you for the opportunity to comment on this project. If you have an} questions regarding
these comments, please contact Kathy Matthews at [phone].
Sincerely,
Ronald J. ?ikula?, Chief
Wetlands Regulatory Section
cc: USFWS, Raleigh
DCM/NCDENR, Washington
DCM/NCDENR, Raleigh
NMFS, Beaufort

ENT OF ry�'ym United States Department of the Interior
o FISH AND WILDLIFE SERVICE
x Raleigh Field Office
Post Office Box 33726 RECEIVE „
�4'9CN 3 Ito Raleigh,North Carolina 27636-3726 �[�
JUN 0 2 '2003
May 28, 2003
DKOF0011 WAWAS
Mr. Raleigh W. Bland
U. S. Army Corps of Engineers
Washington Regulatory Field Office
P. O. Box 1000
Washington,North Carolina 27889-1000
Subject: Action ID#200310539,PCS Phosphate Company, Beaufort County,NC
Dear Mr. Bland:
This letter provides comments of the U. S. Fish and Wildlife Service on the subject Public
Notice (PN), dated April 29, 2003. PCS Phosphate Company,the applicant,has submitted
an application for processing under Coastal Area Management Act(CAMA)-Corps permit
processing agreement to relocate an existing Norfolk-Southern railroad spur that would
necessitate the crossing of Whitehurst Creek. These comments are submitted in accordance
with the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661-667d)
and Section 7 of the Endangered Species Act(ESA) of 1973, as amended(16 U.S.C. 1531-1543).
They are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230)
and in your public interest review(33 CFR 320.4) as they relate to protection of fish and wildlife
resources.
Need and Project Purpose
The permit application contains little information on the need to relocate the railroad line. The
Field Investigation Report(FIR)of the North Carolina Division of Coastal Management
(NCDCM), dated April 9, 2003,notes that the applicant seeks to move the rail line"out of the
current mine advance." The February 20, 2003, letter from PCS to the NCDCM states that the
company will need to relocate the existing rail line that serves the plant site to complete mining
in the area of the North Carolina Phosphate Corporation(NCPC)Tract permitted by the U. S.
Army Corps of Engineers in 1997 as Alternative E. However, the "vicinity map"with the PN
shows only the areas north and northwest of Aurora with the location of the applicant's proposal.
There is no map showing where future mining would impact the alignment of the existing spur.
Applicant's Proposal and Project Area
The PN states that the applicant seeks a new railroad spur that would diverge from the existing
Norfolk and Southern line west of Aurora and north of Bailey Creek. While the exiting spur
moves northeast from the proposed divergent point, the new spur would proceed north. The

vicinity map shows the new spur ending at State Road 1942, Creekmur Road. This terminus is
not the same as the existing rail line which continues on to the PCS plant site on the Pamlico
River. The PN does not discuss whether the new spur would eventually continue north of SR
1942 or the nature of any additional construction that would be required to extend the new spur
to the plant site. The April 2003 FIR states that the new railroad bed would have a base of 100
feet, a finished elevation approximately 13 feet above the surrounding area, and a top width of 32
feet. However, documents provided by the applicant in May 2003 state that the spur would have
a 80-foot base on a 100-foot right-of-way, a height of 9.2 feet, and a top width of 34 feet. The
bed of the rail line would have two culverts(96 inches wide by 88 feet long)to carry the flow of
Whitehurst Creek. The PN does not give an estimated length of the proposed spur. The
applicant proposes to compensate for wetland losses by debiting 1.5 acres from the Bailey Creek
Wetland Creation Site,west of the proposed impacts.
Impacts of Applicant's Proposal
The applicant's proposal would impact three areas of wetlands, designated as RR 1-3. Areas
RR-1 and RR-3 would impact a 5-acre pond and wetland at the headwaters of Whitehurst Creek.
The RR 2 area is the crossing of Whitehurst Creek. Section 7 of the FIR states that dredging of
jurisdictional wetlands and non-vegetated creek bottom would impact 2,000 ft2 and 2,600 ft2,
respectively. The amount of wetland fill appears to vary among the documents in the PN. The
FIR states that a total of 77,000 ft2 (1.768 acres) of jurisdictional wetlands would be filled to
create the new railroad spur, including 59,000 ft2 (1.35 acres) of bottomland hardwood forest
adjacent to Whitehurst Creek. A project diagram from the applicant's consultant shows the
wetland impacts at RR 1 and RR 3 as 0.414 of an acre(18,034 ft2) and 1.014 acres (44,170 ft2) at
RR 2, for a total of 62,204 ft2 (1.428 acres). There may be other,minor areas of wetland impacts
outside the three, major designated areas. Approximately 1,908 ft2 of creek bottom would be
filled for culvert installation.
The extent to which the proposed railroad causeway across Whitehurst Creek would impede
water flow along the waterway is not clear. The FIR states that the causeway would eliminate
sheet flow across the"wooded wetland." A March 5, 2003, letter from a consulting engineer to
the applicant states that watershed modeling software showed that the 88-foot-long culverts to be
used at Whitehurst Creek would not create a"net change in flow regimes" for storms with 2-, 10-
, and 100-year return intervals. While computer simulations are useful in predicting general
hydrologic conditions,they may not represent conditions over many years and periods of severe
weather such as the northeasters and hurricanes that can strike the area. Overall,the Service
believes that constricting water flow with one culvert at the Whitehurst Creek Mitigation
Channel and two culverts at the natural run of this creek would, over time, adversely impact fish
and wildlife resources.
The Service has reviewed several photographs of the wetlands in the project area taken this
month by the North Carolina Wildlife Resources Commission. These photographs show a
relatively undisturbed area that has high value as fish and wildlife habitat. The FIR states that
2

the large area of wooded wetlands,presumably the RR 2 area along the natural channel of
Whitehurst Creek, is one of the last areas that has not been logged in the last 50 years. The map
of the National Wetland Inventory(NWI) shows the wetlands along Whitehurst Creek(and other
creeks in the area)to be deciduous forests that are seasonally flooded, a description consistent
with bottomland hardwood forests, or bottomland hardwoods (BLH).
Forested wetland on the lower coastal plain perform a vital role in conserving the State's unique
and prized natural resources. Such forests on the coastal plain provide a host of ecological
functions. They improve water quality by controlling erosion and removing nutrients which
would otherwise cause unwanted enrichment of downstream estuaries. They also remove
suspended sediment, retain stormwater runoff, and recharge groundwater. They serve as buffers
for inland areas against the impacts of storms. Wetlands, such as those along Whitehurst Creek,
provide valuable nesting, roosting, and foraging habitat for resident and migratory waterfowl,
hawks, owls,wading birds, and songbirds, including neotropical migrant birds,many of which
have shown population declines in recent years. Resident wildlife species include numerous
small mammals, game animals, reptiles and amphibians.
Constructing the proposed railroad causeway on a new location would also create habitat
fragmentation in both wetlands and uplands. The causeway would create a significant barrier to
the movement of smaller amphibians,reptiles and mammals. Habitat fragmentation is a
condition created when a single large block of habitat is divided into several smaller blocks.
While the overall size may be similar, the dividing lines, consisting of impassable barriers such
as the proposed railroad causeway corridor,prevent the movement of certain animals between
the blocks. Larger, undivided blocks have the greatest value because they allow for greater gene
flow and the recolonization of areas where animals may have become extirpated. Many of the
adverse impacts of habitat fragmentation can be avoided by constructing linear projects along
areas that are already disturbed.
Depending on the exact amount of wetland that would be lost( 1.428 acres or 1.768 acres),the
proposed mitigation of 1.5 acres (given elsewhere as 1.42 acres)represents a compensation ratio
of approximately 1-to-1. This is considerably less than the 3-to-1 ratio usually associated with
the use of created wetlands. The proposed compensation is unacceptable to the Service.
In light of both the ecological and economic values of the wetlands in the project area, adequate
compensatory mitigation for unavoidable losses is essential. The Service advocates that wetland
compensation consist of two components. First,there should be a minimum of one-to-one
restoration of wetlands with a strong emphasis of in-kind replacement near the area of impacts.
The second component consists of either one additional acre of wetland restoration,two acres of
enhancement,three acres of creation, or five acres of wetland preservation for each acre of
impact. This two-tiered approach is necessary to ensure that there is no net loss of these
wetlands and fully account for the extended time lag required for the restored wetlands to
become fully functional. This is especially critical for forested wetlands which may require
decades to completely replace the fish and wildlife habitats lost.
3

l
One important opportunity for compensatory mitigation would be the removal of the existing
railroad spur and a combined effort to restore wetlands along this alignment and the preservation
of wetland adjacent to the rail line. The FIR states that the applicant has made no provisions for
the removal of the existing rail spur.
Alternatives Analysis (Avoidance and Minimization)
The 404(b)(1) guidelines state that wetland fill can be permitted for only the least damaging
practicable alternative. Additionally,the impacts of proposed placement of fill into the waters of
the United States must be minimized to the fullest extent possible. The current application
contains no discussion of possible alternatives to the proposed relocation. In regard to avoiding
and minimizing impacts to waters of the United States,the Service recommends that the
applicant provide:
1. A clear presentation of the project purpose with maps showing the areas currently
permitted for mining,the existing railroad spur in relation to the areas permitted for
mining, the present and future northern terminus (if different from that shown in the
current PN) of any replacement spur;
2. Thorough analyses of alternative rail lines including alignments that diverge from the
present route near its southern junction with Highway 306 and then parallels the route of
Highway 306 northward with routes east and west of the road considered as two separate
alternatives;
3. A detailed description of all future environmental impacts (secondary impacts), that are
likely to occur as a result of each alternative for the new railroad spur;
4. A discussion of using low bridges or trestles to carry any new railroad spur over all
streams and jurisdictional wetlands and the extent to which such structures would
minimize wetland impacts and benefit hydrological connectivity of waterways crossed;
5. A clarification of the width of base for the spur and a discussion of measures to reduce
this width to the maximum extent;
6. A table comparing the direct and secondary impacts of each alternative for the new
railroad spur; and,
7. A proposal for removing all of the existing rail road spur east of SR 306 and restoring the
wetlands and stream impacted as well as a plan to preserve in perpetuity the portion of the
NCPC Tract west of South Creek that is not now permitted for mining. Any permit
issued for this project should have a condition requiring that all areas of compensatory
wetland mitigation should be permanently protected and not subject to any future
development.
4

Recommendations
To conserve fish and wildlife habitat and fulfill our public trust stewardship obligations in this
matter,the Service recommends that the Corps place the consideration of the current permit
application in abeyance,pending the receipt of additional information on measures for avoidance
and minimization of, as well as compensation for, impacts to waters of the United States.
Threatened and Endangered Species
The Service has reviewed available information on federally threatened or endangered species
known to occur in Beaufort County. We have also reviewed information from the North
Carolina Natural Heritage Program(NCNHP) database on the reported occurrence of these
species in the project area. The primary species of concern in the project area are the bald eagle
(Haliaeetus leucocephalus) and an endangered plant,the rough-leaved loosestrife (Lysimachia
asperulaefolia).
The Service's interest in conserving the bald eagle includes protecting nesting locations for this
species. Conservation applies not only to the nest itself,but also to maintaining the integrity of
management zones surrounding the nest. Project related impacts within bald eagle nesting
territory should be considered as far away as one mile of any nest. Bald eagles usually nest in
mature canopy trees near a body of water. The proximity of the project site to Pamlico River
suggests that a nest site could occur in the mature, undisturbed trees along Whitehurst Creek.
The NCNHP database shows two occurrences of the bald eagle south of the Pamlico River in
Beaufort County.
Rough-leaved loosestrife is a perennial herb with slender stems that grows from a rhizome and
reach heights of 3 to 6 decimeters (1 to 2 feet). Flowering occurs from mid-May through June,
with fruits present from July through October. This species generally occurs in the ecotones or
edges between longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine
growth usually on a wet,peaty,poorly drained soil), on moist to seasonally saturated sands, and
on shallow organic soils overlaying sand. The grass-shrub ecotone,where rough-leaved
loosestrife is found, is fire-maintained, as are the adjacent plant communities(longleaf pine-
scrub oak, savanna, flatwoods, and pocosin). Fire suppression, drainage, and, to a lesser extent,
residential and industrial development have altered and eliminated habitat for this species and
continue to be the most significant threats to the species' continued existence. The NCNHP
database contains records for the rough-leaved loosestrife both south and west of the project area
in Beaufort County.
With regard to the applicant's responsibilities under section 7(a)(2) of the ESA,we must reserve
our determination of whether federally protected species will be adversely affected by this
project until adequate surveys and a determination of the effects have been provided. The
existing information on the presence of federally listed species is inadequate for a final Service
decision. We strongly recommend surveys for rough-leaved loosestrife and bald eagle nesting be
5

a
conducted and the survey results be forwarded to our office for review and concurrence. As
noted,we believe additional discussion of avoidance and minimization measures are necessary to
establish the least environmentally damaging alternative.
The Service appreciates the opportunity to comment on this permit application. Please advise us
of any action taken by the Wilmington Corps District. If you have questions regarding these
comments,please contact Howard Hall at 919-856-4520(Ext. 27)or by e-mail at
howard hall(a7,fws.gov.
Sincerely,
pGaorlandc& Pardue,Ph.D.
gial Services Supervisor
cc: Kathy Matthews,USEPA, Athens, GA
Ron Sechler,National Marine Fisheries Service, Beaufort,NC
,—H6ug Huggett,NC Division of Coastal Management,Raleigh,NC
Terry Moore,NC Division of Coastal Management,Washington,NC
David McHenry,NC Wildlife Resources Commission,Washington,NC
Mr. John Dorney,NC Division of Water Quality,Raleigh,NC
6

05/22/2003 00: 30 FAX Z 03
L North Carolina Wildlife Resources Commission C:r
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: David McHenry,Northeast Coastal Region Coordinator
Habitat Conservation Section
DATE: May 20, 2003
SUBJECT: CAMA permit application for PCS Phosphate Company, inc., Aurora, Beaufort County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the
permit application with regard to impacts of the project on fish and wildlife resources. The project site was
visited on May 16, 2003. Commission comments are provided in accordance with provisions of the Coastal
Area Management Act(G.S. 113A-100 through 113A-128),as amended, and the Fish and Wildlife
Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
PCS Phosphate Company proposes relocation of a rail spur that services its mining and ore re(ininq
facility near Aurora in Beaufort County. Relocation to the west is desired because the existing northbound
tail spur falls within the projected limits of the future mining advance. Norfolk-Southern Corporation, which
is the eventual user of the line,has agreed only in principle to the relocation project. Impacts of the new 100'
wide railroad bed would include filling approximately 18,000 ft'of created wetlands and crossing 500 ft'of
created stream channel, which are both part of mitigation areas for the mine operations. Tn addition, nearly
59,000 ft'of mature bottomland hardwood wetlands and 1,408 ft'of the main channel of Whitehurst Creek
would be similarly impacted. Proposed mitigation for the overall impacts would be provided by 1.5 acres of
the Bailey Creek Creation/Restoration Project. PCS Phosphate Company did riot describe the fate of the rail
spur that the proposal would replace.
As proposed,the project will adversely impact wildlife resources by eliminating, fragmenting and
degrading important wetland habitats. The largest impact area has a diverse assemblage of mature trees and
understory vegetation that includes bald cypress (Taxodium distichami), green ash (Fraxinas pennsylvanica),
willow oak(Quercus phellos), swamp chestnut oak(Quercus miehauxii), lizard tail (Saururus c;ernui(s), and
false nettle(Boehnjeria cylindriea). Similar large and contiguous tracts of habitat, which arc rare in this
region, typically support an equally diverse community of mammals, amphibians, reptiles and neotropical
birds. For example, a northern parula(Parula americana)was heard during the site visit and the
prothonotory warbler(Prvthonotaria citrea), which is another bird listed as a high conservation priority by
Mailing Address: Division of inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]

05/22/2003 00:30 FAX Z 04
CAMA-PCS rail spur Page 2 May 20,2003
the North Carolina Partners in )plight Program, would likely be found in the project area. The proposed rail
spur would not only directly eliminate and fragment this important wildlife habitat, but also reduce its value:
by effectively precluding or retarding the movements of amphibians and reptiles that are incapable of crossing
the elevated railroad bed, Further, restricting creek flow to the channel culverts and preventing sheet flow
across the wetland would cause atypical sediment deposition and subsequent vegetative changes,particularly
on the upstream side of the bed and along the wetland margins. Although overbank flow may not commonly
occur in this wetland because surrounding mines have truncated the watershed, impacts of the proposed
project on normal hydrology should consider the eventual reestablishment of the watershed when mined areas
are fully reclaimed in the future.
The proposed project is inconsistent with our Policies and Guidelines for Conservation of
Wetlands and Aquatic Habitats. Therefore,the Commission recommends that a permit not be issued for
the project as proposed and that the following concerns be adequately resolved by the applicant before
considering the project further:
1. The Commission strongly feels that the least environmentally damaging alternative, should be
chosen for the project because of the relatively pristine and high value wetlands that would be
affected. Therefore, as preliminarily discussed during the site visit,the applicant should outline
all potential rail spur siting alternatives and the corresponding environmental, technical and
financial factors that preclude those alternatives. This should include an alignment eastward of
the proposed alignment,which would avoid the created wetland area and cross the bottomland
area at a narrower point. Another potential alternative would bean alignment along highway 306
that, although spanning a longer length of wetlands along Whitehurst Creek, may have less
impact on hydrology and a similar overall spatial impact because of a joined right-of-way with
the highway.
2. If the proposed rail spur is clearly the only practicable alignment alternative, then methods for
minimizing the projects overall wetland impacts should be proposed. for example, the
Commission suggests that the bottomland hardwood wetland be crossed with a trestle, either
wholly or in part,to maintain the habitat and hydrologic functions. Connectivity of fragmented
portions of this wetland would be particularly important near its interface with the uplands.
3. Pending the preceding evaluation, a mitigation plan that accounts for the value of the affected
wetlands versus the mitigation source should be prepared. Less than a 1:1 ratio was provided for
the combined wetland impacts of the proposed project. We recognize that this may have involved
some oversight, but notwithstanding, a substantially higher mitigation ratio should be provided if
created wetlands, which generally have uncertain prospects for long-term success, are utilized for
mitigation. This is particularly important for the Bailey Creek Creation/Restoration Project.
which, although developing weiI with regard to wetland plants, has considerably less habitat
value at this time than the bottomland hardwood area to be impacted.
4. The Commission is concerned that created wetland and stream channel mitigation areas would be
impacted by the proposed project. We are unfamiliar with any possible constraints related to
preserving these areas in perpetuity, and therefore, request that this be evaluated in the context of
conditions of any permits previously issued to the applicant. Similarly, we request confirmation
that the mitigation credits from Bailey Creek Creation/Restoration Project would be available.
5. The Commission feels that provisions for removing the existing rail spur should be required to
justify the rail spur realignment and to augment any mitigation for wetland impacts.
The Commission appreciates the opportunity to review and comment on this permit application.
If you need further assistance or additional information, please contact me at(252) 946-6481 extension
345.
M.
Bland, R.—US Army Corps of Engineers, Washington Field Office
Hall, H.—US Fish and Wildlife Service,Raleigh
Dorney, J.—Division of Water Quality, Wetlands/401 Unit

North ".arolina Deparirr',Ent Jt Ln,4!1rcnrnent ali(� NatU"al Resources
D:v!si,n of Mari,e Fistleries
-3 c�emor Preston P. Pate, Jr- Director
MEMORANDUM
TO: Doug Huggett
THROUGH: Mike Street
FROM: Sean McKenna 151rci(
DATE: May 8, 2003
SUBJECT: PCS Phosphate Company, railroad relocation, Beaufort County
The following comments by the North Carolina Division of Marine Fisheries(NCDMF) on the subject
permit are offered pursuant to G.S. 113-131. The NCDMF objects to this project due to the loss of 404 wetlands
and public trust waters, and impacts to an existing mitigation site.
This project will impact 18,000 ft2 of created wetlands and 500 ft2 of Public Trust Area in the Whitehurst
Creek mitigation project area. An additional 59,000 ft2 of 404 wetlands and 1,408 ft2 of Public Trust Area will be
excavated and filled in the natural run of Whitehurst Creek. The entire upper section of Whitehurst Creek will be
bisected by a earthen causeway; 100' wide at the base, 32' wide at the top which will be 15' above mean sea level.
Water flowing through this drainage system will be diverted through three culverts; 60"by 100' in the mitigation
area, and two 96"by 88' in the natural run of Whitehurst Creek. Although the included engineering report
concludes that the proposed rail bed will not create a dam that would impound water behind it,the project was not
evaluated for functionality in comparison to natural wetlands. Since the causeway will eliminate contiguous sheet
flow across the wetland, the amount of sediment and nutrients entering the system downstream of the proposed
project will increase. Sedimentation affects the habitat of aquatic marcoinvertebrates(such as amphipods and
clams)that serve as food for various estuarine species, as well as the quality and amount of fish spawning and
nursery habitat. These effects lead to alterations in community density, diversity and structure. Additionally,
sedimentation can clog the gills of fish, reducing respiratory abilities. This stress, may in turn, reduce tolerance
levels to disease and toxicants, and to changes in dissolved oxygen concentrations and salinity, compromising the
health of local fisheries resources. Nitrogen and phosphorus can accelerate eutrophication resulting in algal
blooms,reduced transparency, shifts in algal and fish populations, and fish kills.
While all aspects of this project are problematic the work in the mitigation area is especially so. This area
was established in 1992 to mitigate impacts to the upper channel of this creek. In 1995 PCS obtained a 401 Water
Quality Certification to impact approximately 3,000 feet of the upper part of this mitigation area. To mitigate this
work PCS relocated a portion of the channel and constructed a wide stilling basin to enhance the habitat for aquatic
life. For the proposed work PCS wants to impact 18,000 ft2 of the previously created wetlands and 500 ft2 of Public
Trust Area in the mitigation area. This continued disturbance to the mitigation area brings to light the problem of
not protecting mitigation areas for perpetuity.

DEPARTMENT OF THE ARMY
/ WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889-1000
IN REPLY REFER TO
April 29, 2003
Regulatory Division RECEIVED
Action ID No. 200310539 MAY 0 5 2003
Dry OFCOASTALtAW
RALL48H
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Dorney:
Please reference the application of PCS Phosphate for Department of the Army (DA)
authorization and a State Water Quality Certification to place fill material within wetlands
and relocate an existing railroad spur, on property located off State Road 1941, adjacent
to Whitehurst Creek, near Aurora, in Beaufort County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required
under the provisions of Section 401 of the same law. A Department of the Army permit
will not be granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt
of a request for certification is a reasonable time for State action. Therefore, if you have
not acted on the request, or asked for an extension of time, by June 30, 2003, the District
Engineer will deem that waiver has occurred.

-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone[phone], extension 23.
Sincerely,
i
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638

R
DEPARTMENT OF THE ARMY
p WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889-1000
IN REPLY REFER TO
April 29, 2003
Regulatory Division RECEIVED
Action ID No. 200310539 MAY 0 5 2003
DIV.OF COASTAL MANAGDAENT
RALLW
PCS Phosphate Company, Incorporated
Attn: Jeffrey C. Furness
Environmental Affairs Department
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from
the State of North Carolina.
A review of your application received April 15, 2003, for Department of the Army(DA)
authorization to place fill material within wetlands and relocate an existing railroad spur, on
property located off State Road 1941, adjacent to Whitehurst Creek, near Aurora,in Beaufort
County, North Carolina, indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will be accomplished by
the.North Carolina Division of Coastal Management. Comments from Federal review agencies
will be furnished to the State.
If your application must be withdrawn from this general permit process for any reason, you
will be informed regarding its further management. If there are no unresolved differences in
State-Federal positions or policies, the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after receiving such confirmation should you
begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency(EPA) signed
a memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the

w
-2-
least damaging, practical alternative; second, taking appropriate and practical steps to minimize
impacts on waters and wetlands; and finally,compensating for any remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practical steps to minimize
wetland losses. Please indicate all that you have done,especially regarding development and
modification of plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or
wetlands or provide information as to the absence of any such appropriate and practical
measures.
This information is essential to our expeditious processing of your application
and it should be forwarded to us by May 14,2003. Also,a copy of this information
must be sent to the North Carolina Division of Environmental Management to enable
them to adequately evaluate your application for a Water Quality Certification pursuant
to Section 401 of the Clean Water Act.

-3-
Your application,pursuant to Section 10 of the River and Harbor Act and Section 404
of the Clean Water Act,has been assigned Action ID No. 200310539 and will be coordinated
by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at
telephone [phone], extension 23.
Sincerely,
Raleigh W. Bland,P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726

R
-4-
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS,Habitat Conservation Division
219 Fort Johnson Road
Charleston,South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S.Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O.Box 1890
Wilmington,North Carolina 28402-1890
IN REPLY REFER TO
p Av
Regulatory Division
Action ID: D O Applicant:
M
�
Waterway �hu' V'? f 'i11
4ounty: Work Type: G4 . 1�
Mr. Ron Sechler Mr. Doug Huggett
National Marine Fisheries SiTc, NOAA Division of Coastal Management
Pivers Island NC Department of Environment, Health
Beaufort,NC 28516 and Natural Resources
Post Office Box 27687
Mr. Garland B. Pardue Raleigh, NC 2761.1-7687
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726 ` F' r� Regional Office
Division of Coastal Management
Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health
Wetlands Section—Region IV and Nat�,ara�Res urces �`� � �l
Water Management Division �
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing
agreement,a State Field Investigation Report is enclosed. You ommwts anillor
recommendations would be appreciated on or before '�'�
Questions or comments may be addressed to Mr. Raleigh Bland,Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure

05/22/2003 00:30 FAX 202
iA
NCDENR
North Carolina Department of Environment and Natura: Resources
Division of Coastal Management
Michael F,Easley,Govemor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 15, 2003
MEMORANDUM
TO: David Mcl lenry
Wildlife Resources Commission
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: LAMA PERMIT APPLICATION REVIEW
APPLICANT: PCS PHOSPHATE COMPANY, INC.
PROJECT LOCATION: BEAUFORT COUNTY NEAR NC 306 OFF SR 1941 NEAR THE
TOWN OF AURORA, NORTH CAROLINA ON WHITEHURST
CREEK.
PROPOSED PROJECT-RELOCATE THE EXISTING RAILROAD ON PCS PROPERTY
CROSSING WHITEHURST CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 6, 2003. If you have any questions regarding the ProPosed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth continents with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This a approves of the project. only if the recommended changes are incorporated.
✓ is agen ob'ect t the oiect for reasons described in the attached comments.
SIG ,D DATE —0 3
0 LI
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: hftp://drm2,enr.state.nc,us
An Equal Opponuniry 1 Ai6rmalive Action Employer—50%Recycled 110%POSI Consumer Paper

o`uxsu,� L
a' �i
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr., Secretary
MEMORANDUM
TO: Mr. Preston P. Pate, Jr., Director D 0 R
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator G,1 -HABITAT
DATE: 10 April 2003
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: PCS Phosphate Company, Inc.
Project Location: Beaufort County, near NC 306, off SR 1941, near the Town of
Aurora, North Carolina, on Whitehurst Creek
Proposed Project: Applicant proposes to relocate the existing railroad on PCS
property crossing Whitehurst Creek
Please indicate below your position or viewpoint on the proposed project and return this
form by 1 May 2003. If you have any questions regarding the proposed project, please
contact David W. Moye at 252-946-6481, Extension #290. When appropriate, in depth
comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the
rec mmended changes are incorporated. See attached.
This office objects to the proposed project for reasons described
in the attached comments.
i
Signed /��� Date
943 Washington Square Mall,Washington,North Carolina 27889
Phone:[phone] FAX:[phone] Internet:www.nowastalmanaaement.nett

w
:.r(
AffliA
- APR 17 2003
NCDENR
North Carolina Department of Environment and Natural Resources NVISIOid OF
Division of Coastal Management WATER RESOLREES
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 15, 2003
MEMORANDUM '
TO: Mr. John Sutherland, Chief Jlll_ 0 8 2003
Water Planning Section
Division of Water Resources 0N•OF00'A�T�A '
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PCS PHOSPHATE COMPANY, INC.
PROJECT LOCATION: BEAUFORT COUNTY NEAR NC 306 OFF SR 1941 NEAR THE
TOWN OF AURORA, NORTH CAROLINA ON WHITEHURST
CREEK.
PROPOSED PROJECT: RELOCATE THE EXISTING RAILROAD ON PCS PROPERTY
CROSSING WHITEHURST CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 6, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED l_ /g�=, �at—�� DATE `7
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Ak 15�WA
F i�l FECEIVE!!D
NCDENR PR 16 ?v
North Carolina Department of Environment and Natural Resourte Property fit.
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 15,2003
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director uElVED
State Property Office
Department of Administration MAY 0 2 2003
FROM: Doug Huggett GKOF U►�T L Q W
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PCS PHOSPHATE COMPANY, INC.
PROJECT LOCATION: BEAUFORT COUNTY NEAR NC 306 OFF SR 1941 NEAR THE
TOWN OF AURORA, NORTH CAROLINA ON WHITEHURST
CREEK.
PROPOSED PROJECT: RELOCATE THE EXISTING RAILROAD ON PCS PROPERTY
CROSSING WHITEHURST CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 6, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
____��This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the roject for reasons described in the attached comments.
SIGNED W�DATE y
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDOT DIV 2 DIST 1 Fax:[phone] Apr 28 '03 13:23 P. 01/01
AV ',4 a y i(a3 W(,J
NCDE R
North Carolina Department of Envir nment and Natural Resources
Division of Coastal Management
` Michael F. Easley,Govemor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 15, 003
MEMORANDUM
TO: Mr, Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinato
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PCs PHOSPHATE CO ANY, INC.
PROJECT LOCATION: BEAUFORT COUNTY NEARH C 306 OO AFF SON941 EERTAR HE
TOWN OF AURORA, NOR
ST
CREEK.
PROPOSED PROJECT: RELOCATE THE EX STING RAILROAD ON PCS PROPERTY
CROSSING WHITE ST CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
;form by May 6, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the propo ed project,
This agency approves of the project, only if the recommended changes are incorporated,
This agency objects to the project for reasons described in the attached comments.
SIGNED '� DATE
f
Post-it'Fax Note 7671 Poat4t'Fax Note 7671 Data 4 P3 �g�►
To e From
Co./Dept. "-Pt. Co
Phone M Phone N I Phone# J
Fax -~7 _ Fax M

wy RECEIVED
7.0;1 I03 MAY 15 Z003
NCDENR pry,OFCDASTALMANAGEMENT
M L
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 15,2003
RECEIVE o
MEMORANDUM
TO: Linda Sewall, Director MAY 1 5 nui
Division of Environmental HeM 0FCOASTALMANA T
RALL9
T
FROM: Doug Huggett SHELLFISH SANI AT►Oly
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PCS PHOSPHATE COMPANY, INC.
PROJECT LOCATION: BEAUFORT COUNTY NEAR NC 306 OFF SR 1941 NEAR THE
TOWN OF AURORA, NORTH CAROLINA ON WHITEHURST
CREEK.
PROPOSED PROJECT: RELOCATE THE EXISTING RAILROAD ON PCS PROPERTY
CROSSING WHITEHURST CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 6, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency o ject to t project for reasso described in the attached comments.
SIGNED 4ir DATE S O
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr., Secretary
MEMORANDUM FIECEIVED
TO: Mr. William McNeil, Director APR 1 5 2 U i 0
Division of Community Assistance aW()FCOASTALMANAGEIMENT
RALEM
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 10 April 2003
SUBJECT: CAMA/Dredge and Fill Permit Application Review
Applicant: PCS Phosphate Company, Inc.
Project Location: Beaufort County, near NC 306, off SR 1941, near the Town of
Aurora, North Carolina, on Whitehurst Creek
Proposed Project: Applicant proposes to relocate the existing railroad on PCS
property crossing Whitehurst Creek
Please indicate below your position or viewpoint on the proposed project and return this
form by 1 May 2003. If you have any questions regarding the proposed project, please
contact David W. Moye at 252-946-6481, Extension #290. When appropriate, in depth
comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
his office has no comment on the proposed project.
This office approves of the proposed project only if the
recommended changes are incorporated. See attached.
This office objects to the proposed project for reasons described
in the attached comments.
Signed4 Date
943 Washington Square Mall,Washington,North Carolina 27889
Phone:[phone] FAX:[phone] Internet:www.ncooastalmanaaement.net/

NORFOIX
SOUTHERN
Norfolk Southern Corporation Carl D.Wilson
1500 Carson Street General Manager
Raleigh,North Carolina 27608 East Carolina Business Unit
March 13, 2003
Bob Markman
PCS Phosphate
P. O. Box 48
Aurora,North Carolina 27806
RE: Lee Creek Line in Beaufort County,North Carolina- Possible relocation of
Norfolk Southern Railway Company track
Dear Mr. Markman:
You contacted me about the efforts of PCS Phosphate seeking a permit from the
North Carolina Division of Coastal Management to cross upper Whitehurst Creek with a
relocated Norfolk Southern Railway Company main track, as that track would run from
Highway 33 near Aurora to the PCS Phosphate plant site. You told me that the state
wanted some sort of indication that NSR found the proposed route acceptable for a
relocation.
As you know,NSR has not yet agreed to undertake any such track relocation and
most certainly NSR has not agreed to pay for that track relocation effort. In our
conversations and communications, you have acknowledged as much. As long as it is
understood that NSR has made no commitments whatsoever about a track relocation, I
am able to write that the route proposed by PCS Phosphate is in general terms acceptable
to NSR, although NSR will obviously need to review and approve detailed plans as they
become available.
Sincerely
/ \/ 1Q
Carl D. Wilson
Cc: D. D. Smith
Operating Subsidiary: Norfolk Southern Railway Company

PCS - J
Phosphates, AURORA
PCS PHOSPHATE COMPANY,INC.
P.O.BOX 48,AURORA,NC U.S.A.27806
CERTIFIED MAIL
February 20, 2003
Mr. Terry Moore
Division of Coastal Management
North Carolina Dept. of ENR
943 Washington Square Mall
Washington,N. C. 27889
Dear Mr. Moore:
PCS Phosphate will need to relocate the Norfolk-Southern Railroad line that serves our plantsite,
in order to complete mining in the area of the NCPC Tract permitted in 1997 by the Corps of
Engineers as Alternative E. Several possible alignments have been analyzed in terms of
practicability and environmental impact, site visits have been made by personnel from DCM,
DWQ and the Corps, and the route and design have been finalized.
The relocated railroad track will cross Whitehurst Creek twice, once in the area of the 1995 East
Prong mitigation channel, and once downstream of the Public Trust AEC limit determined by
DCM in 1989. One hundred feet of stream length will be affected for each crossing. Two
wetland areas will also be impacted,totaling 1.43 acres. The Bailey Creek creation/relocation
project is proposed as mitigation for these impacts. Enclosed is a CAMA permit application for
the proposed work, including a check for$475.00 for the permit fee. A copy of the signed
certified mail receipts will be sent to you when they are received back from the adjacent riparian
landowners.
If you have any questions or need additional information,please call me as soon as possible at
[phone].
Sincerely,
JAey C. Furness
Senior Environmental Scientist
encl.
U:\Administration\Personnel Files\Furness\2003\Feb\RR CAMA Permit.doc

ROBERT M. CHILES, P.E.
ENGINEERS,CONSULTANTS
8
MARINE SURVEYORS
417-A BROAD ST. BUSINESS:252-637-4702
P.O.BOX 3496 FAX:[phone]
NEW BERN,NORTH CAROLINA 28564-3496 5 March 2003 [e-mail]
Mr. Jeff Furness
PCS PHOSPHATE CO., INC.
HWY 306 North
Aurora, N.C.
Dear Mr. Furness,
This letter is to address the questions raised by the Division of Coastal Management concerning
the rail crossing at the mitigation channel and the Whitehurst Creek Rail Road Crossing, RR1 and
RR2 respectively.
ITEM#1 DOES THE RAIL BED CREATE A DAM THAT WOULD IMPOUND WATER BEHIND IT?
NO.
Using the culverts sized as shown on the plan for the rail bed crossing at Whitehurst Creek,
the area below elevation 15 M.S.L. from the ortho-corrected aerial photograph was
input into watershed modeling software and used to calculate the run-off hydrographs
for this area using the 100 year, 10 year, and 2 year return storms. The rainfall amounts for
these storms, 11.7 inches, 7 inches, and 5 inches respectively, were applied as Type III SCS
24 Hour duration storms.
The box culverts within Whitehurst Creek are planned to be installed in the railroad bed
fill, and serve as an eighty-eight foot long section of the existing creek bed. During the
100 year return storm, the maximum water level in the impounded area will be 2.7' above
mean sea level. This level is 1'+/- above the existing water surface in the creek at normal
tide. This level will not significantly over top the bank of the creek, and will not create a
net change in flow regimes. The levels indicated by the 10 year return and 2 year return
storms are less. The levels calculated are basically unchanged from the existing creek
and does not create a net change in the flow regimes.
Attached are the Haestad Methods PONDPACK Run-off Hydrographs showing the
relevant data for the watershed immediately to the west of the new rail culverts and an
AUTOCAD drawing of the aerial photograph used to calculate the areas.
A second calculation was run and graphs produced for runoff capacity of the existing
channels verses the new concrete box culverts. These flow capacity graphs are also
attached and indicate the flow capacity of the box culverts exceeds the existing
channel by at least an order of magnitude, and therefore would not create a net
change in flow regimes.
-CONTINUED-
MECHANICAL,CIVIL,AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL,INDUSTRIAL,MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

1
FURNESS CAMA RAIL CROSSINGS Page 2 of 2
5 March 2003
ITEM #2 ENLARGED CROSS SECTIONS OF THE TWO CULVERT CROSSINGS
Attached two detail sketches of the crossings showing the existing grade, proposed
culvert invert, culvert sizes, and normal water level at 0.9' M.S.L.for RR 1 The mitigation
crossing as referenced in your facsimile and RR2, the Whitehurst Creek Rail Crossing. 100
year, 10 year and 2 year return storm water levels are shown on RR2,The Whitehurst
Creek Rail Crossing according to the model hydrographs.
ATTACHMENTS
• PLAN OF WHITEHURST CREEK HEADWATERS.
• RUNOFF HYDROGRAPHS SHOWING FLOW VERSES TIME FOR THE 2, 10, & 100 YEAR RETURN
STORM EVENTS.
• ELEVATION VERSES TIME HYDROGRAPH FOR THE WHITEHURST CREEK HEADWATERS FOR THE
2, 10, & 100 YEAR RETURN STORM EVENTS.
• GRAPH OF ELEVATION VERSES FLOW FOR WHITEHURST CREEK CROSS SECTION AT
PROPOSED RAIL CROSSING
• GRAPH OF ELEVATION VERSES FLOW FOR 2 EA. 6'x8' BOX CULVERTS AT PROPOSED
WHITEHURST CREEK RAIL CROSSING
• ENLARGED CROSS SECTION OF THE MITIGATION RAIL CROSSING.
• ENLARGED CROSS SECTION OF THE WHITEHURST CREEK RAIL CROSSING.
Best Regards, ���o��N CAROX le,
ROBERT M. CHILES, P.E. ;`���,.••FESS/p••��9
• SEAL
025586
R.M. "Pete" Chiles, Jr., ED% •:
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SHEET 1 OF 1
WHITEHURST CREEK CROSSING, RR2 DATE: 11 MARCH 03 ROBERT M. CHILES, P.E.
C.O.E. 404 WETLANDS Phos PCs
se JOB NO.: 2001059 ENGINEERS AND CONSULTANTS
FUTURE N&S RAILWAY
AURORA DIVISION SCALE: AS SHOWN NEW BERN, NORTH CAROLINA

PC-5 phosphate CortiPany, 7 roc
6eO-LxPor+ Court
DevelopmerdType FEE DCM% DWQ%
143Do 1601 43510DO93 1625 6253 (243001602 4351 OD095 2341)
L Private,noncommercial
development that does not involve
the filling or excavation of arty S250 100%(5250) D%(50)
wetlands or open water areas
it. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open WO 100°6(5400) 0%($0)
water areas
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,B,C.or D
below appries:
111(A)_ For Private,non-commercial
development,If General water Quafdy
Certification No.33D1(see attached) 525D 100%(52sD) 0%(SO)
can be applied:
Iil(Bk For public or commercial
development ff General water Quardy � 10D%(5400) poi
Certification No.3301(see attached) (50)
can be applied_
Ill(C4 If General Water Quaty
Certification No.3301(see attached)
could be applied,but DCM staff
detemuned that additional review and $400 6D%(S240) 40%(S160)
written DWQ concurrence is needed
because of concems related to water
quality or aquatic life:
lllp. If General Water Quarrty
Certification No.3301(see attached) S4DD 6D%(S240) 40%($160)
can not be apples
IV. For development that involves
the filling and/or excavation of more S475 60%($285) 40%IS190
than one acre of wetlands and/or )
open water areas:
RECEIVED
APR 14 2003
.OFCO RA��G�

APR-16-2003 WED 03:29 PM COASTAL MANAGEMENT FAX NO, 12529480478 P. 01
��°�ui 7irrf yr.
Notch Carolina Dee vtment of Environment and Natural Resources
1')ivislon of Coastal Management
Kc ocl F, Easley, Governor Donna D. Moffitt, Director William G, Ross, Jr., Secretary
10 April 2003
WAS]JINGITON DAILY 1; YV,$
Post()Cilco 1;ioX 1 788
Was'titigtan,NC 27889
Atterttion, Legal Advoxtising Depai:hncnt
l�l�T.asu include~ tho 011olosed 1�otiec, of 111inc in the Public Notice section of the 14 April 2003
ociitioa of your ncwspaper. I ii will not bo possit)lc to include this notice in that edition, or if
you have any questions N;tyttt this notice, please call me as soon as possible at 94.6-6481.
The State Off>(:U of Budget at'ac.i Nt;n.rtageinent requires an original Affidavit of Publication prior
to pginelit for newsp(il)cr advurtising. Please send the affidavit, an original. copy of t1le
l�ui�li lle�.l poticws, and an oJj,,ix7,.:1 invoice to CFYIt13 POPE, COASTAL MANAGEMENT,
FINVIRONMf;'1�T AND NA^'l..)RAL 1U,'SnUTtCES, 1638 MAIL SFRVICF CENl'FR,
NC 27699 163& Tktno'k you.
Siraccrcly,
Sandra Gordon
Secretary,Division of Coastal Management
c: Doug Huggett
;W� -J2003 (11ard copy to be mailed today).
Original m�►iiccl:�� �1� �'�r'', 2003
~90 t',!„rhlrglon SgUtrre Mall,Washington,North Carolina 27BB9
phone'25?0dr:`'t�t1 1 FAX:[phone] t Internet:www n=astalmannomentnoV

APR-16-2003 WED 03:29 PM COASTAL MANAGEMENT FAX N0, 12529480478 P. 02
NOTICE OF FLING OF
APPLICATION FOR CAMA MAJOR
J)ft'VFLOPMENT PERMIT
'rhea Dcpartmerit of Filviyonnietit and Natural Resources hereby gives public notice as required
by N,C.0,S, 113A-119(b) tN..it an application for a development permit in an Area of
ii,nyironniental Concern as dos!�,nated under the CAMA was received on 7 April 2003,
According to th, said amlic:ad011, PCS Phosphate Company, Inc,, proposes to relocate the
exi�;ting railroad on PC:S propi-riy crossing Whitehurst Creek, in Beaufort County, near NC
1,06, off SR 1941, near the TQ-nn of Aurora, North Carolina, on Whitehurst Creek. A copy of
the entire, application maybe txamined or copied at the office of'ferry Moore, 943 Washington
Square Mall, 'Washington, NC .luring normal business hours,
Comments wailod to DONNA MOFFITT, DIRECTOR, COASTAL MANAGEMENT,
ENVM0 NM.1 i.Nll'' AND NA"I'i)�I:AI., RESOURCES, 1638 MAIL SERVICE CENTER,
RAI_,U,iC11•l'7 NC 27699-1638 prier to 9 May 2003 will be considered in making the permit
decision. Latcx coinmertts will lee accepted and considered up to the time of permit decision.
Iyroje'u. modification may occur° I.Ni,sed on review and comment by the public and state and
feder'll al;cncies. Notice; of tll4� permit decision in this matter will be provided upon written
regtl ast.
Pie7se publish on 14 April 2003 in the WASHI<NGTON DAILY NEWS for the NORTH
CAROT.INA DIVISION OIL' COASTAL MANAG11MENT, ENVIRONMENT AND
NATURAL TZHaSOUIZCI1'.S, 1G181 MI ATL SERVICE CENTER, RALEIGH NC 27699-1638,
A'1-FN: C:HI?IS POPE,

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr.,Secretary
19 April 2003
Mr. Jeffrey Furness
Senor Environmental Scientist
PCS Phosphate Company,Inc.
Post Office Box 48
Aurora,NC 27806
Dear Mr. Furness:
The Division of Coastal Management hereby acknowledges receipt of an application
for State approval for development of property located in Beaufort County, near NC 306,
off SR 1941, near the Town of Aurora, North Carolina, on Whitehurst Creek. It was
received on 7 April 2003 and appears to be adequate for processing at this time. The
projected deadline for making a decision is 21 June 2003. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have
not been notified of a final action by the initial deadline stated above, you should consider the
review period extended. Under those circumstances, this letter will also serve as your notice
of an extended review. However, an additional letter will be provided on or about the 75th
day. Should there be any questions on this procedural change, do not hesitate to contact me.
N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location
of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along the property where it can be observed from a public road.
Some examples would be: nailing the notice card to a telephone pole or tree along the road
right-of-way fronting the property, or at a point along the road right-of-way where a private
road would lead one into the property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
0OLCZ-
David W. Moye,Field Representative
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: Doug Huggett
Terry Moore
943 Washington Square Mall,Washington,North Carolina 27889
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanaaement.netl

r I 1 4
1 (1010
Ili
AMA PI= RMIT
APPLIED FOR
P OJ ECT: /4,--P pu C tlo 1" IwLa-5yo &cej9TE 1++r- L*� GPM
P tia i y- ok-bsn r t)G A)Hi-qu iVe-5T QkEzK-?20PEiyrq (S 0 .&-AVFae-7
CouN-rH NEA2. NQ, or-r- SP-tgL4 ► �y. ENE -rou)f3 Loy Ao"ic1-
St-E YvASH)uG7ot 17AwLj kWS
H AM)- 2cfZ EbJ-rI Om
COMMENTS ACCEPTED THROUGH S rnp►i )03
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
ECon�p ,� l Day I� o � ► s�n�r�-r,��
) N 67 Nc 27$g
2.52- 52,gQ F-LEPHok)F-) Z.s2- 9 �-F-ln - 10 4 8' C`rr-LgpH 6yc

j
SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERV
■ Complete items 1,2,and 3.Also complete A. Sign ure
item 4 Restricted Delivery is desired. ,/ /� ❑Agent
■ Print your name and address on the reverse X 1 G ❑Addressee
so that we can return the card to you. B. Rec*ed Print e) C. Date of Delivery
■ Attach this card to the back of the mailpiece, /, 2 _�
or on the front if space permits. 4
D. Is delivery add different from item 1? ❑Y s
1. Article Addressed to: If YES,ent delivery address below: ❑ No
Mr. & Mrs. Frederick Alfred
1053 Dunsford Place
Cary, North Carolina 27511 3. s ceType
Certified Mail ❑ press Mail
❑ Registered �tum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7`002 2410 0002 7686 2276
(Fransfer from service label) �.
PS Form 3811,August'2001 Domestic Return Receipt 102595-02-M-1 0r
f�
nJ ►. a
ru u
CID a
nj Postage $ p?
Q Certified Fee
C3 Return Reciept Fee Po ryc A 4,
ere
(Endorsement Required) �_ 75 "r
r-3 Restricted Delivery Fee
r
(Endorsement Required)
ni
ru
Total Postage&Fees $ �.
fU
a SentTo F�Oer/� )41-rf-e-d
0 1'1'14• `� h'1�-•
r�
treet,Apt.No.; TT
or PO Box No. I C S3 �(�U✓i3�0
-- -- ----- ----- --
City, 1
State,ZIP+4 N C
C4
s -

SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY
I -
■ Complete items 1,2,and 3.Also complete keceived
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse c ❑Addressee
so that we can return the card to you. by(Printe Name C. Date of Delivery
■ Attach this card to the back of the mailpiece, e9 2�
or on the front if space permits.
D. Is delivery address different from hem 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Mrs. Pattie Miller Dixon
48538 NC Hwy 12
Buxton, North Carolina 1 0 3. Se eType
Certified Mail ❑ E press Mail
❑ Registered etum Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 2410 0002 7686 2283
(Transfer from service IabeQ
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-103E
.o
m
RJ Domestic Mail Only;
ru -
ca
Postage $ 'j, "?9
p Certified Fee
C3 C/
Return Reclept Fee may( a rk
(Endorsement Required) 7Jf r I r
C3 Restricted Delivery Fee S 1 f
(Endorsement Required)ru
Total Postage&Fees $ 5, `J
ru
C3 Sent To J ' }� �/O 1�I'S Pam+►gy m,_'_' U/ U C 17
[� --------------- -
Street,Apt.N. 4/S S3 S AJ Q- 1I-
. ..or Box No. /T
City,State,ZIPS
IJ u C oC / b
s -

PCS �-
Phosphate AURORA
PCS PHOSPHATE COMPANY,INC.
P.O.BOX 48,AURORA,NC U.S.A.27806
February 27, 2003
Mr. David Moye
Division of Coastal Management
North Carolina Dept. of ENR
943 Washington Square Mall
Washington,N. C. 27889
Dear Mr. Moye:
PCS Phosphate recently submitted a CAMA permit application to relocate the Norfolk-Southern
railroad track serving our plantsite. A copy of the application was also sent to the adjacent
riparian landowners, as required. We have received the signed certified mail receipts back from
the landowners, and a copy of them are enclosed with this letter. Please add them to your file on
this permit application.
Sincerely,
J rey C. Furness
Senior Environmental Scientist
encl.
pc: 23-03-001-73 w/encl.
U:\Administration\Personnel Files\Furness\2003\Feb\RR Mail Receipts.doc

P127/2002 17:03 252-322-5802 PCSP LAND OFFICE PAGE 04
a ,
: .fir; BK i U 2XPG 5 6 8
STATE OF
Department of The
NORTH
Secretary of state
CAROLINA
t,.
To all -whom these presents shall come, Greetings:
J?ufus ,L,_ Edmisten, Secretary of State of the State of
.North Carolina, do hereby certify the following and hereto
attached to be a true copy of
r
s;.
AMENDED CER'z'gTCATE OF AUMORI'I'Y
OF
Tk2ASGULF INC.
Which changed its name to:
pCS PHOSPHATE COMPANY,INC.
the original of which is now on file and a matter of record in
this office.
,V TFrrArESS OF, I have hereunto set my
hand and affixed xed my official aeal at the City of
Raleigh, this 20th day of June, 1995.
•
•
Secraary of Stan

• rl-/27/2002 17:03 ;' 252-322-5802 PCSP LAND OFFICE PAGE 05
. . . BK 1 0.2 4 -p.P,5.8 9
FI L E C
9:00 AM
State of North Carolina
Department of the Secretary of State MAY 2 2 M5.
95 ' j 9 O , u •:FFECTIV
STEI
APPLICAT
ION FOR AMENDED CERTIFICATE CY AI7THO OF TAI
NORTH WWNA
Pursuant to 155-15.04 of the General Statutes of North Carolina, the undersigned corporation hereby
applies for in Amended Cartifieate of Authority to transact business in the State of North Carolina,
and for that purpose submits the following statement:
1. The name of the corporation is: s
alllf Inc'
2. The name the corporation is currently using in the State of North Carolina is:
Taxaecru.lf Inc.
3. The state or country of incorporation is: Delaware
4. The date the corporation was authorized to transact business in this State of North Carolina is:
ril 5 1982
S. Thin application is filed for the following reason (eomplere all applicable items):
A. The corporation has changed its corporate name to:'
pC9 Y21on Kato Com an Inc-
b. The name the corporation will hereafter use in the State of North Carolina is changed to:
c. The corporation has changed its period of duration to:xo ehzr+ o
d. The corporation has changed the state or country of its incorPoration.to: xo eh=nao
6. Attached is ■ certificate attesting to the change, duly authenticated by the secretary of state or
othor off-icia.l having custody of corporate records in the state or country of incorporation.
7. If the corporation is required to use a fictitious name in order to transact business in this State, a
copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious nai
is attached.
8. This application .will be effective upon filing, unless a date and/or time is specified: N%A
This the______day of 19 ,
PCs Phoa hate Com an Inc
N aine of Ca oration
ign ature
^"rype or Print N amo •rd Title
NOTES: Application mu:
1. Filing fee in $50. One executed original and one exact or conformed copy of this
filed with the,Se'eretary of State.
If•the name of the corporation as Changedito uac mi in North Carolina oble for Ilse in n Ca(See NCC':ra
5¢55-15cate 1G
and state the name the corporationwishes
(N. C.

. • ►?1/27/2002 17:03 252-322-5802 PCSP LAND OFFICE PAGE 06
6K10'2'.yP3;59 �
FM FM RSISM AT L?p fl'CLOC�(
DAY OF 1 AND
REGISTERED IN THE ICE OF THE REGISTER OF DEEDS
OF BEAUFORT COUNTY IN BOO
PAGE
K K W, MIIELLE, REGISTER _ MDS
BEAUFORT GOUHT'I
e0
�,oS eS Sao.

t,:� _ 1 BOOK 1OPeGE 9Z+ 7 •
VSPAR1)41
��r1h N,,,r m o��� •
STATE O]" _ Department of y
NORTH ��`�ON �.,aya� Secretary of Eitatene
j CAROLINA
To all to whom these presents shall come, Greeting:
I, Thad Eure, Secretary of State. of the State of
North Carolina, do hereby certify the following and
hereto attached ( 6 sheets) to be a' true copy of
CERTIFICATE OF MERGER
OF
NORTH CAROLINA PHOSPHATE CORPORATION
INTO '
TEXASGULF, INC.
the original of which is now on file and a matter of
record in this office.
In Witness Whereof, I have hereunto set 7ny hand
and affixed any official seal.
Done in Office, at Raleigh, this 7th day
Of March in the year of our Lord I986
Secreto )f
13
U eeretnry of State

WK
r
CERTIFICATE OF MERGER
OF i
NORTH CAROLINA PHOSPHATE CORPORATION USC
INTO ,
TEXASGULF INC.
UNDER SECTION 907 OF TEE BUSINESS CORPORATION LAW
We, the undersigned, C. J. Head and William G. von Glahn,
being respectively a vice president and an assistant secre-
tary of North Carolina Phosphate Corporation, and Gino P.
to Giusti and Charles W. Wilder, being respectively the presi-
.Lr)
",X' dent and the secretary of Texasgulf Inc. hereby certify: .
0
c� 1. (a) The name of each constituent corporation is as
cc
follows:
(i) North Carolina Phosphate Corporation, origi-
nally incorporated as Piedmont Land Develop-
ment Corporation.
' I
(ii) Texasgulf Inc., originally incorporated as E A
Development, Inc.
(b) The name of the surviving corporation is Texas-
gulf Inc.
2. As to each constituent corporation, the designation
and number of outstanding.shares of each class and series
and the voting rights thereof are as follows:
i
I

_ ovun 1UF1GE U;;.
Shares out-
Designation of Par value e standing and
Name of corporation shares ntitled. to
pee vote
North Carolina Common $1.00 54,750
Phosphate Corpora-
tion
Texasgulf Inc. Common $1.00 850 ,
i3. The merger was .adopted as to North Carolina Phos- •
phate Corporation by written consent of the sole shareholder.
4. Texasgulf Inc. has complied with the applicable
Provisions of the laws of the State of Delaware under which
it is incorporated, and this merger is permitted by such
laws.
5. The surviving corporation is Texasgulf Inc., a corpo-
ration of the State of Delaware, incorporated on the 28th
day of May, 1981. No application by Texasgulf Inc. for
authority to do business in the State of New York has been
filed by the Department of State. Texasgulf Inc. is not to
do business in the State of New York until an application
for authority to do business in the State of New York shall
I
have been filed by the Department of State of the State of
New York.
6. The date when the certificate of incorporation of
North Carolina Phosphate Corporation was filed by the De-
partment of State was the 24th day of November, 1958.

BOOK 10FIGE 930
7, Texasgulf Inc. agrees that it may be served with
process in the State of New York in any action or special
proceeding for the enforcement of any liability or obliga-
tion of North Carolina Phosphate Corporation previously
amenable to suit in the State of New York, and for the en- I �I
forcement against. Texasgulf Inc. under the Business Corpo-
ration Law of the right of shareholders of North Carolina
Phosphate Corporation to receive payment for their shares;
and it designates the Secretary of State of New York as its
agent upon whom process may be served in the manner set '
forth in paragraph (b) of section 306 of the Business Corpo-
ration Law, in any .action or special proceeding. The post /
office address to which the Secretary of State shall mail a
copy of any process against it served upon him is Texasgulf
i
Inc., High Ridge Park, P. O. Box 10037, Stamford, Connecti- '
cut 06904-2037. Such post office address shall supersede
any prior address designated as the address to which process
shall be mailed.
8. Texasgulf Inc. agrees that, subject to the provi-
sions of Section 623 of the Business Corporation Law, it ;
will promptly pay to the shareholders of North Carolina
' I
Phosphate Corporation the amount, if any, to which they
shall be entitled under the provisions of the Business Cor-
poration Law, relating to the right of shareholders to re-
ceive payment for their shares.

BOOK i0FACE 63JL
IN WITNESS WHEREOF, we have signed this certificate as
of the 17th day of December, 1985, and we affirm the state-
ments contained herein as true under penalties of perjury.
NORTH CAROLINA PHOSPHATE CORPORATION*
By
C. J. meat
Vice President
Attest: �.
William G. von LGlahn '
Assistant Secretary
TEXASGULF INC.
By
G o P. Giusti
President /
Attest: L�-Xr_� '-1%���+�(''�
Charles W. Wilder
Secretary
1'
f

�t
;1
i
CT-91(6/50) 41a1a of New York-Deparlm,•ne of Taaalron and Finance - C-point.. Taa
Albany,Na.v Yet 12227.
• F
To: SECRETARY OF STATE Date: DeCeMber 17, 1,985
NAME OF CORPORATION '
NOM CAFUMA PHOSMM ODRPORATICN
IDp 73-0761550 AV
Pu-aarrrt to provisions of Section 907 of the Business Corporation Law, the Slate Tex Commission
hereby consents to the Merger
of the above named corporation. inn Te a_%gulf Inc. (Del) if fLIed an or before 3/3/86
/ I
Certificate and fee are attached.
Filed by: U.S. Corp,
W _
V '
QDirector, Processing Dlvi 'on
fly
o
o
m

BOOK 1QFIOE 933 _
t ` ON
CERTIFICATE OF MERGER
S1')
OF
G7 NORTH CAROLINA PIiOSPHATE CORPORATIONnz
INTO
tJ.-
TEXASGUL•F INC. 1=: .
UNDER SECTION 907 OF THE
BUSINESS CORPORATION LAW
7 '
I � ,
to r�
Z n •
c._ w
SULLIVAN 6 CROtSWELL
CV 125 BROAD ST.NEW YORK, NEW YORK 10004'
U
r�
NORTH CAROLINA: Buvroa•r Coon•nsake—a
Q' •y
Flled for re lstre"m and recorded In this office to Book. l0 Page 5�Z 7
This—� day of fld11L�� 1fi at,/I i o'clock .M.
Jonn I.Mona",Register of Deeds By r2a� 0-
Deputy Register of Deeds.

BOOK 5-Opd6E 934
VEFAR771T
STATE
�` J� Department of The
NORTH �`�a �°"�' Secretary of State
CAROLINA
To all to whom these presents shall come, Greeting:
I, Thad Eure, Secretary of State of the State of
North Carolina, do hereby certify the following and
I
hereto attached ( z sheets) to be a true copy of
I
CERTIFICATE OF MERGER
OF
NORTH CAROLINA PHOSPHATE CORPORATION
INTO 1
I
TEXASGULF jUr_
the original of which is now on file and a matter of
record in this office.
In Witness Whereof, I have hereunto set my hand
and affixed my official seal.
Done in Office, at Raleigh, this 7th day
f March in the year of our Lord
I
I�
. ' Secr ary f are
i
r !
y U it eerelary of Slate
I
• i
I

• - BOOK * 10PAGE935
TIF�'cATL-a ��. F 1 L E D Y •
OF
M1TIM15XA
NORTH CAROLINA PHOSPHATE CORPORATION
INTO '
TEXASGULF INC. - — -----•
Texasgulf Inc.; a corporation organized and existing
under the laws of Delaware,
DOES HEREBY CERTIFY THAT:
FIRST: The name and state of incorporation of each of
the constituent corporations of' the merger is as follows:
NAME STATE OF INCORPORATION
North Carolina New York
Phosphate Corporation
Texasgulf Inc. Delaware
SECOND: An agreement and plan of merger between the
parties to the merger has been approved, adopted, and exe-
cuted by each of the constituent corporations in accordance
with the requirements of subsection (c) of section 252 of
the General Corporation Law of the State of Delaware.
1
THIRD: The name of the surviving corporation of the
merger is Texasgulf Inc., and it is a Delaware corporation.
f

- BOOK 10FAGE 936 _
: FOURTH: The Restated Certificate of Incorporation of
i
Texasgulf Inc., a Delaware corporation, shall be the Re-
is
stated Certificate of Incorporation of the surviving corpo-
ration.
FIFTH: The executed agreement and plan of merger is on
file at -the principal place of business of the surviving
i
corporation. The address of said principal place of business '.
is Texasgulf Inc., High Ridge Park, P.O. Box 10037, Stamford,
Connecticut 06904-2037. i
SIXTH: A copy of the agreement and plan of merger will
be furnished on request and without cost to any stockholder
of any constituent corporation.
SEVENTH: The authorized capital stock of the only foreign
corporation which is a party to the merger is as follows:
CORPORATION CLASS NUMBER OF PAR VALUE
SHARES PER SHARE
North Carolina Common 100,000 $ 1.00
Phosphate Cor—
poration
In witness whereof, Texasgulf Inc. has caused this certi—
ficate to be signed by Gino P. Giusti, its President, and
attested by Charles W. Wilder, its Secretary, this 11th day
of December, 1985.
c�G 11 TEXASGULF INC.
(� By
Giusti
President i
ar es W. Wilder +
Secretary
—2—
North Carolina Il
Beaufort County
The faregeing eeptificat — — I /.
i
This instrument was pr nted for registration and recorded in this office j t
at Book1Q Page . //
This��day of , 19 �j/�at E o'clock ?• -M.
John I. Morgan By ZWAZl�l
Register of Deeds RePuty Register of Dee
i
t •

r
11/27/2082 17:03 252-322-5892 PCSP L0M OFFICE PAGE 033
STATE OF
NORTH. :Department-of The
Secretary of State
CAROLINA
I, THAD EURE; Secretary of State of the State of North
Carolina, do hereby certify that TEXASGULF INC., a corporation
organized under the laws of the State of Texas, was duly domesti-
cated in the State of North Carolina on the 6th day of September,
1963, under the name TEXAS GULF SULPHUR COMPANY.
AND I FURTHER certify that s aid:'TEXAS GULF INC. is authorized
to transact business in this State as is permitted by its Certi-
ficate of Incorporation and Chapter 55, General Statutes of North
Carolina, entitled "Business Corporation Act" and is in good
standing so far as is shown by the records of my office-
_
IN WITNESS WHEREOF, I have hereunto set my.hand and af-
fixed my official seal.
DONE IN OFFICE at Raleigh, this the llth day- of June, 1973.
THAD SURE
�Y
�pu� ��entary o e�tate
' S5
HIED FOR MUSTR4Tip
DAY(IF...... 1- - 719•- AND
REGISTEERED IN TK OFFICE OF THE REGISTER OF DEEDS
OF BEAUFORT COUNTY, IN BOOKK -7
►AG �.V
lister at.COW3, wajtw,stW Kl t

NORTH CAROLINA
BEAUFORT COUNTY
THIS DEED, Made this 4th day of August, 1964, by John
W. Mayo and wife, Louise H. Mayo, and Matilda Mayo Vann and husband, J. R. Van ,
parties of the first part, to North Carolina Phosphate Corporation, a New York
n corporation, party of the second part,
QA
WITNESSETH:
y
That the parties of the
s
first part, in consideration of the sum of $10.00 and other valuable consider-
VY' y
ations to them paid by the party of the second part, the receipt whereof is
acknowledged, have given, granted, bargained, sold and do hereby convey unto
the party of the second part, its successors and assigns, those certain tracts
or parcels of land in Richland Township, Beaufort County, North Carolina, more
particularly described as follows:
A'
Q FIRST TRACT: Beginning at a point in 'the Northern side
line of N. C. Highway #33, approximately 2.7 miles East of the Southcreek Brid e,
H. 0. Paul's Southeast corner on said road and running thence with the ditch
North 6 degrees 15 minutes East 2810 feet to another ditch; thence with said
other ditch South 70 degrees 30 minutes East 512. feet to another ditch; thence
with said other ditch South 6 degrees 15 minutes West 2810 feet to N.C. Highwa
#33; thence with said highway North 70 degrees 30 minutes West 512 feet to the
point of beginning containing 32.25-acres by survey of Blake C. Lewis, Register-
ed Surveyor, dated July 27, 1963, map of which is attached hereto
i wv_f o and made a
1 V a'w
m part hereof for more complete and adequate description.
WSJ SECOND TRACTS:' Beginning at a point in the Southern
sideline of the Creekmuir Road the Northeast corner of Weyerhaeuser Company's
Hardy Broome tract on said road and running thence with a ditch South 28 degree
j West 1405 feet to the center of Whitehurst Creek Canal; thence with Whitehurst
i
Creek Canal and Whitehurst Creek the following courses and distances:
V
f

p
0
0
Q
v
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? blb
o sov �o. I
Ty .
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9�
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MqP Of T/-/E
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F2/C A// 1i /✓I> T.S, —BE/�7 G/F0.2T r-O,
�7.PEq: 3.Z2:f F7�.PE"S
S�f7LE.s /••✓=400 f'T— ,S"C1.P✓E✓EIJ.' Tl/.0 �.?7 /9C3
ZU F74-E .0 E J//S �Ec Sus✓•

5 V ° "E OyD I.�� ��'�•
D a
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9c �
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C�14, G
E s m �` ,� ,tN'' �' S.qM TOi✓ES
s
C ��� e•� �, - fl TO B q r,.PEED .0/�✓F c
Cq e0,C/n/q PNOSf�N FITf �O S
4-Tss 1-7.nmo0- vq^/1✓ -reVCT- n/o ,1
.P/CNC/VIV T,s — EO. iI l
87 d ra c.eES
S��`7�F:/"/_ 400�T— SUP✓E�ED OCT 1943 — TZIel /9G4
•gLAKE � LEA✓/S ?FC ,�✓Q✓

MATILD 0 VANNN
V Q�3��n i (SEAL)
J. R. VANN —
NORTH CAROLINA
COUNTY OF
Before me, �i9�r�cs /ol �/r �• a Notary
Public in and for the State and County aforesaid, this day personally appeared
+f ` John W. Mayo and wife, Louise H. Mayo, and acknowledged the due execution
'. them of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this the y day
£ ,oi� 1964.
,! My commission expires: - /-31_6fl NOTARY PUBLIC
NORTH CAROLIN%
COUNTY OF
Before me, � �3 �- �/r�a.a L, , a Notary
in and for the State and Count aforesaid this d�—personally appeared
y , y
lda Mayo Vann and husband, J. R. Vann, and acknowledged the due execution
�py,•+,gem of the foregoing instrument for the purposes therein expressed.
c- WITNESS my hand and notarial seal, this the � day
�fst, 1964. —
� V
y NOTARY LIC
My commission expires: /o -ji_b s'
iortb Carolina Beaufort Count _ a/ ty►
Ttie foregoing cer*.if' 'at fof-- - - — —�/ ad to
a Notary Puolic of _ ------`1-;-,tb
be oorreot. Let ins ruc n!""fi� r rt.if cate ba registeres3^
i;i ness my hand thie the .4-
Clerk Superior Court
Filed September y, 1964, at 2:35 P. M.
Lida M. Duke, Register of Deeds

.5
NORTH CAROLINA
BEAUF'ORT COUNTY
THIS DEED, Made as of the ZIYt day of December, 1965, from
Fred R. Alfred and wife, Betty A. Alfred, of Beaufort County, North Carolina,
hereinafter designated SELLERS, to Texas Gulf fWphur Company, a Texas
corporation, hereinafter designated BUYER;
W_ITNE8 " TH:
That for and in consideration of One Hundred Dollars and other valuable
considerations to SELLERS paid by BUYER, the receipt of which is hereby
acknowledged, SELLERS have sold and do hereby convey unto BUYER a certain
tract or parcel of land located in Richland Township, Beaufort County, North Carolina,
more particularly described as follows:
Beginning in the center of Secondary Road No. 1940,
the northeast corner of the R. L. Peed Tract and the northwest
corner of the Parroalee and Sykes Tract, running thence South
64' 10' East 410.5 feet to an iron pipes thaws South 77' 00'
East 176.8 feet to the North side of Bailey Creak;thence with
Bailey Creek the following courses and distances: North 52. 40'
East 163,4 feet, North 16' 49' East 51.4 feet, North 37' 49'
West 76.3 feet, North 24. 52' West $0.3 feet, North 60' 32' East
123.6 feet, North 70' 18' East 100.4 feet, South 88. 44' East
Ill.4 feet, North 64° 36' East 100.0 feet, North 69° 10' East
100.2 feet, North 51' 19' East 211.5 feet, North 39. 16' East
105.9 feet, South SO 35' East 110.6 feet, South 55' 39' East
238.5 feet, North 73' 08' East 68.7 feet, North 58. 28' East
101.4 feet, North 71. 68' East 80.1 feet, North 65. 34' East
05.3 feat, South 85° 59' East 100.0 feet, North 76' 48' East 104.7
feet, South 83° 07' East 100.1 feet, North 89. 11' East 71.3
feet, South 54' 49' East 98.0 feet, South 18' 03' East 110.5
feet, South 42. 04' East 100.0 feet, South 60' 03' East 100.7
feet, South 44' 17' East 115.1 feet, South 48' 51' East 62.3 feet,
South 88' 25' East 107.7 feet, South 73. 27' East 100.7 feet,
South 67' 39' East 220.1 feet, South 88' 32' East 338.7 feet,
North 82' 22' East 128.7 feet, North 4111 24' East 144.9 feet,
North 494 29' East 99.1 feet, North 62° 14' East 214.E feet
to South Creek;thence with South Crook the following courses
and distances: North 12' 01' East 120.E feet, North 2. 19'
McMULLAN East 122.6 feet, South 66. 37'West 111.2 feet, North 690 58'
West 100.E foot, North 46' 29'West 10,L 7 feet, North 69° 24'
McMULLAN West 100.5 feet North 78° 16'West 103.3 feet, North 7' $6'
ATTORNEYS AT LAW
WA5NINCTON. N.C. East 61.5 feet, North 31° 21' East 123.8 feet, North 51' 13'
East 181.4 feet, North 40' 24' East 114.3 feet, North 45' 47'

West 27.1 feet, North 64' 28'West 73.9 feet, North 81' 40'
West 100.1 feet, North 68' 03'West 102.0 feet, South 87'
08' West 102.8 feet, North 78' 48' West 100.0 feet, South 87'
61' West 100.8 feet, North 47' 17' West 91,8 feet, North 24'
53'West 122.1 feet, South 44. 53' West 08.2 feet, North 39'
43'West 169.7 feet, South 42. 474 West 122.1. feet, South 80'
32'West 142.9 feet, North 27' 33'West 200.7 feet, North 73'
52'West 59.0 feet, North 20. 10' West 167.1 feet, North 56' 69' East
213.2 feet, North 16' 29' East 109.3 feet, North 54' 37' East
92.2 feet, North 8. 07'West 53.1 feet, North 42' 53' West
209.9 feet, North 7' 56' East 187.0 feet, North 2. 18, East
94.2 feet, North 37' 12' East 172.0 feet, North 60' 17' East
141.8 feet, North 76' 37'West 96.5 feet, North 9. 51' West
94.3 feet, North 12 55' East 123.5 feet, North 42' $1' East
198.0 feet, North 8' 23' West 66.8 feet, North 62' 56'West
103.9 feet, North 48. 54' West$6,5 feet, North 26. 26' East
180.6 feet, North 13' 24' East 176.0 feet, North 11. 28' West
102.4 feet, North 6' 18'West 112.4 feet toWbitahurst Creek;
thence up Whitehurst Creek the following courses and distances;
South 64" 31'West 262.4 feet, South 41' 06'West 203.2 feet,
South 51. 47'West 79.6 feet. South 80' 18' West 162.7 feet,
North 88' 56' :Vest 101.3 feet, South 79' 03' West 54.2 feet,
South 860 28'West 102.3 feet, South 80' 22' West 306.0 feet,
North 74' 49'West 202.3 feet, North 8' 54'West 57.5 feet,
North 58' 47'West 272.8 feet, South 75. 26' West 165.5 feet,
South 58. 28'West 149.6 feet, South 45' 54' West 208.1 feet,
North 84' 42' West 85.1 feet, South 41. 32' West 201.1 feet,
North 89. 32'West 70.3 feet, South 40. 25'Went 211.4 feet,
North 84' 17'West 338.1 feet, South 31' 07' West 37.7 feet,
South 89. 06'West 125.0 feet, North 38. 40' West 89.8 feet,
South 87' 19'West 120.2 feet to a point where the old Aurora
Road crossed Whitehurst Creek;thence South 16' 28' East 454.3
feet to an iron pipe; thence South 81' 02'West (crossing the
center line of Secondary Road No. 1941 at station 3 + 34.5 feet)
1761.5 feet to an iron pipet thence North 53' 13'West 278.0
feet to an iron pipe; thence North 69' 43' West 215.0 feet
to an iron pipe;thence North 85° 13'West 1283.8 feet to an
iron pipe in the center of a field ditch; thence with this ditch
South 2' 67'West 423.5 feet to an iron pipe; thence south
86' 28'West 614.8 feet to an iron pipe in.the 1. W. Holadia
line, the center of a ditch; thence South 4" 30' West with the
Holadia line 809.6 feet to an iron pipe, a corner of M. F. Thompson;
thence South 85" 24' East 1880.8 feet to an iron pipe in the
intersection of two field ditches;thence South 3' 54'West
1071,1 feet to an iron pips in the line of R. L. Peed; thence
South 85' 36' East 1943,0 feet with the R. L. Peed line to
the point Of beginning, containing $61.42 acres, more or less,
as surveyed by W. C. Rodman, Jr., Registered Surveyor, in
August 1965.
McMULLAN
e TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with
McMULLAN
ATTORNEYS AT LAW ,,�7
WASHINGTON,N.G. all rights, ways, privileges and appurtenances thereunto belonging or in anywise

appertaining unto it, the said BUYER, its successors and assigns, in fee simple.
SELLERS covenant that they are seized of the land above described in fee
and have the right to convey the same in fee simple= that the same is free and clear
from all liens and encumbrances and that they Will warrant and defend the title
thereto against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, SELLERS have hereunto set their hands and
seals as of the day and year first above written.
J`4---w_
Fred R. Alfred
- !�"' (SEAL)
tty A. Alfred
NORTH CAROLINA
BEAUFORT COUNTY
Before me, C C o a Notary Public
In and for the County and Sta aforesaid, personally appeared Fred R. Alfred and
wife, Betty A. Alfred, and aolmowledged the due execution of the foregoing
instrument for the purposes therein expressed.
Witness my hand and notarial seal this c,�ISZ day o f (:!e bL,� 1966.
Notary Public
Boy Commission expires:
X N 'a-4 4—yz'
McMULLAN
a
McMULLAN
ATTORNEYS AT LAW
WASHINGTON.N.C.

1
NORTH CAROLINA
BEAUFORT COUNTY
THIS DEED, Made as of the 9 til _day of October 1968, from
Dorothy A. Fischer and husband, George H. Fischer, and Max F. Thompson, Jr.
and wife, Mary G. Thompson, hereinafter designated SELLERS, to Texas Gulf
Sulphur Company, a Texas corporation, hereinafter designated BUYER;
WITNESSETH:
That for and in consideration of One Thousand Dollars and other valuable
considerations to SELLERS paid by BUYER, the receipt of which is hereby acknow-
ledged, SELLERS have sold and do hereby convoy unto BUYER certain tracts or
parcels of land located in Richland Township, Beaufort County, North Carolina,
more particularly described as follows:
FIRST TRACT: Beginning in the center line of N. C.
r e; Highway 33 at the.southeasterly corner of the John Fulford
Estate;thence with the center line of N. C. Highway 33 North
810 39' West 400.7 feet; thence with the easterly line of Sam Brown
and with the center line of a ditch South 2' 30' West 752.7
feet; thence with the easterly line of Sam Brown South 3' 31'
West 811.6 feet to an iron pipe; thence with the center line of
S E s a a a ditch,-being thenortherly line of Walton A. Broome, South
Al"n'.) 86' 31' East 1146.3 feet to an iron pipe; thence with the center
lxod4ti?© line of a ditch, being the line of first Walton A. Broome, and
next George Broome, North 2' 46' East 1467.7 feet to a
point in the center line of N. C. Highway33; thence with the
center line of N. C. Highway 33 South 81' 39' East 205 feet;
thence with the line of Sam Brown North 8' 02' East 450 feet
to an iron pipe; thence North 81' 39' West 105 feet to an iron
pipe; thence South 8' 02' West 311 feet to an iron pipe; thence
with the center line of a ditch North 81' 49' West 110 feet to
an axle; thence with the center line of a ditch North 3' 46'
East 405.9 feet to a point in the run of Bailey Creek; thence
down the run of Bailey Creek as follows: North 42' 28' East
113.2 feet, South 79' 11' East 175.5 feet, South 85' 27' East
119.1 feet, South 16' 21' East 84.4 feet, South 65' 00' East
166.6 feet, South 54' 35' East 84.1 feet, South 15' 37' East
97.3 feet,'South 37' 05' East 63 feet, South 86° 58' East
108.1 feet, North 64' 19' East 94.4 feet, and North 77' 28'
McMULLAN East 133.1 feet; thence with the center line of a ditch, being
a the westerly line of R. L. Peed, and crossing Carolina Power
McMULLAN and Light Company right of way and Norfolk Southern Railway
ATTOFNCYC AT LA%V*
WASHINGTON.N.C. Company right of way, North 3' 46' East 2219.1 feet to an iron
pipe in the center line of a ditch; thence with the line of R. L. Peed,

being indicated by the center line of a ditch, North 70° 30' 133
West 557.9 feet to an iron pipe; thence with the center line of
a ditch, being.a line of R. L. Peed, North 2° 54' East 1127.4
feet to an iron pipe in the center line of a ditch; thence with
the center line of said ditch, being a line of Texas Gulf Su'phur
Company's Alfred Tract, North 85° 24' West 581.6 feet to
an iron pipe; continuing thence with the center line of said ditch,
being a line of Texas Gulf Sulphur Company's Holadia Tract,
North 85° 11' West 875.9 feet to an iron pipe; continuing thence
with the center line of said ditch, being a line of Texas Gulf
Sulphur Company's Jennie Bonner Estate Tract, North 85° 22'
West 441.8 feet to an iron pipe;thence with the easterly line
of Texas Gulf Sulphur Company's Dan Tuten Tract, being
indicated, in part, by the center line of a ditch,and crossing
Carolina Power and Light Comp.any's right of way and
Norfolk Southern Railway Company's right of way, South 2° 19'
West 3318 feet to a point in the run of Bailey Creek; thence
down the run of Bailey Creek as follows: North 73° 29' East
141.4 feet, North 82° 40' East 134.2 feet, South 80° 48' East
146 feet, South 43° 43' East 101.9 feet, and North 67° 38'
East 139.5 feet to a corner of the John Fulford Estate; thence
with the easterly line of the John Fulford Estate, being indicated,
in part, by the center line of a ditch, South 20 47'West 573.5
feet to the point of beginning, containing 220.03 acres, more or
less, as surveyed by W. C. Rodman, Jr. , Registered Land
Surveyor, in March 1b67.
SECOND TRACT: Beginning at a point in the center line
of Secondary Road 1941, and in the easterly line of Texas Gulf
Sulphur Company's I. W. Holladia Tract; and running thence with
the line of the said Holladia Tract, being indicated by the center
line of a ditch, as follows: South 8° 50' West 266.7 feet,
South 27 36'West 106.9 feet, South 17° 01' West 303.9 feet
to an iron pipe, North 67° 09' West 796. 6 feet to an iron pipe,
South 40° 45' West 130.4 feet, South 54° 18' West 181.6 feet,
South 31° 28' West 366. 1 feet, South 34° 49' West 147.8 feet,
South 29° 29' West 371.1 feet, South 25° 23' West 693.5 feet
to an iron pipe, North•84° 36' East 97.7 feet to an iron pipe,
and North 85' 04' East 890.4 feet to an iron pipe at a corner of
the F. R. Alfred Tract; thence with the line of the F. R. Alfred
Tract as follows: North 860 28' East, with the center line of a
ditch, 514.8 feet to an iron pipe, North 2° 57' East, with the
center line of a ditch, 423.5 feet to an iron pipe, South 85°
13' East 1283.8 feet to an iron pipe, South 59° 43' East 215
feet to an iron pipe, North 42° 08' East, with the center line of
a ditch, 134.9 feet to a point in the center line of Secondary
Road 1941, and North 45' 58' East, partly with the center line
of a ditch, 987.1 feet to a point in the run of Whitehurst Creek;
thence up the run of Whitehurst Creek as follows: North 26° 05'
McMULLAN West 84,6 feet, North 43° 02' West 74.5 feet, North 22° 07'
d West 79.1 feet, North 42° 11' East 48.8 feet, North 25° 46'
McMULLiN West 116 feet, North 3° 36' West 184.5 feet, North 12' 10'
ATTORNEYS AT LAW WASNiNOTON.N.G. East 50.6 feet, and North 5° 43' East 22 feet; running thence
'
North 74° West 950 feet; thence South 19° 14'West 330 feet
to a point in the center line of Secondary Road 1941; thence

1-32 with the center line of Secondary Road 1941 North 70° 46'
West 770 feet to the point of beginning, containing 97.36 acres,
more or less. The description herein set forth is taken,
in part, from a survey made by W. 'C. Rodman, Jr.,
Registered Land Surveyor,in March 1967.'
THIRD TRACT: Beginning at an iron pipe on the
westerly edge of a farm road, and which said iron pipe marks
the Northwesterly corner of Texas Gulf Sulphur Company's
Alex Parsons Tract and the Southwesterly corner of Texas
Gulf Sulphur Company's W. B. and T. R. Thompson Tract;
running thence with the westerly line of said Thompson Tract,
North 3'° 00' East 2531 feet to a point on the southerly edge
of South Creek; running thence up the edge of South Creek
as follows: North 70° 06' West 303.8 feet, North 57° 26' West
214.9 feet, North 22° 34' West 285.9 feet, North 15° 36'
West 221.8 feet, North 79° 26' West 168.2 feet, South 64°
29' West 117..3 feet, South 21° 26' West 418.5 feet, North 620
28, West 33.6 feet, South 36° 29' West 708 feet, South 00° 05'
East 197.1 feet, South 20° 17' West 61.2 feet, South 48° 48'
West 314.8 feet, South 66° 15' West 47.2 feet, North 48° 46'
West 167.9 feet, South 86° 31' West 317.6 feet, North 52° 01'
West 144 feet, South 65° 52' West 26.4 feet, South 41° 30'
West 396.7 feet, South 58° 10' West 457.2 feet, South 59°
47'West 220 feet, North 65° 36' West 140.2 feet, North 46°
44' West 214.6 feet, South 84° 48' West. 234.5 feet, South 54°
38'West 450.6 feet, North 50° 24' West 97.2 feet, North 72°
35' West 36.4 feet, South 14° 24' West 193.4 feet, North 80°
46' East 282.3 feet, South 81° 46' East 162.3 feet, South 58°
03' East 295.3 feet, South 490 52' East 250.6 feet, and South
52° 34' East 141 feet to an iron pipe, a corner of Weyerhaeuser -
Company;thence with the northerly line of Weyerhaeuser
Company South 74° 16' East 3267.2 feet to a point in the westerly
edge of a farm road; thence with the westerly line of the said
Alex Parsons Tract North 3° 07' East 163.6 feet to the point
of beginning, containing 151.02 acres, more or less, as surveyed
by W. C. Rodman, Jr. , Registered Land Surveyor, in February 1967.
FOURTH TRACT: Beginning at an iron pipe on the
westerly edge of South Creek at the point where the said westerly
edge would be intersected by the center line of Sandy Landing Road
(Secondary Road 1945) if the said road were extended eastwardly
on its present course; running thence down the westerly edge
of South Creek as follows: North 220 53' West 62.7 feet, North
630 40' East 54.8 feet, North 310 37' East 100.6 feet, North
2° 38' West 64 feet, North 76° 48' East 34.5 feet, and North
7.° 51' West 57.6 feet; running thence up the run of a branch, being
first the line of W. E. Miller, and next the line of Texas Gulf
Sulphur Company's J. B. Bonner Estate Tract, as follows:
tvtcMuLLAN North 55° 05' West 92.2 feet, North US 28' West 61.1 feet,
a North 63°,55'West 99.7 feet, North 470 27' West 102.2 feet,
M`MULL'N. North 58° 10' West 100 feet, South 65° 45' West 42.6 feet,
ATTORNEYS AT LAW
WAEMINOTON.N.c. North 50° 03' West 365.7.feet, North 56° 40'West 277.4 feet,

J
North 63° 56' West 132 feet, North 48° 46'West 266.8 feet,
North 570 21' West 184.6 feet, North 60° 07' West 126 feet,
North 30' 47' West 225.8 feet, and North 000 36' East 162.8
feet to an axle; thence with the line of the said J. B. Bonner
Estate Tract North 68° 49'West 651.5 feet to an axle; thence
with the line of Silas Moore as follows: South 13° 54' West
938 feet to an axle, South 35° 52' East 124.4 feet to an iron
pipe, South 53° 41'West 148.2 feet to an axle, South 14°
58' West 598.l feet to an iron pipe, South 89° 43' East,
with the center line of a ditch, 208.2 feet to an iron pipe,
South 14° 02' West, with the center line of a ditch, 231 feet
to a point in the center line of the said Sandy Landing Road;
thence with the center line of Sandy Landing Road North 89°
39' East 2407.4 feet to the point of beginning, containing 64.68
acres, more or less, as surveyed by W. C. Rodman, Jr. ,
Registered Land Surveyor, in January 1967.
TO HAVE AND TO HOLD the aforesaid tracts or parcels of land, together
with all rights, ways, privileges and appurtenances thereunto belonging or in anywise
appertaining unto it, the said BUYER, its successors and assigns, in fee simple;
provided, however, this conveyance is rm de subject to the following;
1. Rights.of Way of all State-maintained roads now located upon
said land.
2. Eastement dated 3-10-1965, recorded in Book 581, page 525,
from Dorothy A. Fischer et al to Carolina Power and Light Company.
3. Easement dated 12-7-1965, recorded in Book 595, page 197, from
George H. Fischer et al to Norfolk Southern Railway Company
(see modification recorded in Book 604, page 81).
4. This deed is made pursuant to the terms of an Option and Contract
- to Purchase Land agreement between Dorothy A. Fischer et al
and Texas Gulf Sulphur Company, dated September 3, 1963,
recorded in Book 555, page 640, Beaufort County Registry.
SELLERS have elected to take payment of a portion of the purchase
price in installments as provided in said Option and Contract
to Purchase Land, and this deed is made subject to SELLERS'
rental and other rights set forth in said instrument.'
Subject to the foregoing matters, SELLERS covenant that they are seized
of the land above described in fee and have the right to convey the same in
fee simple;that the same is free and clear from all liens and encumbrances
MCMULLAN
a and that they will warrant and defend the title thereto against the lawful claims
MCMULLAN
ATTORN[YS AT LAW
WASHINGTON.N.c. .of all persons whomsoever. -

�34
IN WITNESS WHEREOF, SELLERS have hereunto set their hands and
seals as of the day and year first above written.
Ax". (SEAL)
Dorothy A. Fischer
<< Geor e H./Tischer
._(SEAL)
Max F. Thompson, Jr./.
�7i:.�i, °i1 Fivrni>•.. , > (SEAL)
c i Mary G. Thompson
------=--------------------- --------------------------------------------------
STATE OF ,North Carolina , COUNTY OF Beaufort
Before me, F1 1 a T.PP Waters a Notary Public in and for
the County and State aforesaid, personally appeared Dorothy A. Fischer and husband,
•Peorge H. Fischer, and aclmowledged the due execution of the foregoing instrument
�;' .fox•tl}e purposes therein expressed.
' �`• �'`� }- ';`'Witness my hand and notarial seal this 9th day of October 1968.
Goy• '„ �,l���c. 4r �iUl�.�^.M
f Notary Public
Commission expires: October 23, 1968.
--------------=---------------------------------------------------------------
STATE OF OHIO COUNTY OF MONTGOMERY
Before me, Jeff F, 1,obaueh , a Notary Publ ''` - '. ' for
the County and State aforesaid, personally appeared Max F. Thoi>psoii, Jrarld' '
wife, Mary G. Thompson, and aclmowledged the due execution 8`14l e'foregoing'. 4
instrument for the purposes therein expressed.
Witness my hand and notarial seal this 30th day of September•, ; 1968.
eo� ;
/ 6 u Notary Public,
My Commission.expires: august ,1, 1972 ( o f :e „ucary Plo' ry Pub
• in and for Mcnt�omary r',de"­e Ca: ..5.Qhiu
My Commmsion Expires Aur, :. 1972
Nor tb Carolina _
Beaufort County
MCMULL.APi c�"
& �^ne foregoing certificate>_of'_ -'
McMULLAIV t J ••� �r' - ' ;'•<c_? �-
t-----
ATTORMLYS AT 'T�Tf, Puylyy�PTOtaries Public ie/are certified to be correct.
WAS•NINGTON•N.C. 97i1&Instrument
uwent was presented presented for registration and recorded in
this o'€ice at Bookjo--!�- Page/� -
Tbi `,'� day o€ ?.' 19•�•f at L�. o•olock .M.
John 1. ir]organ �'�. ./:. !`; ( �••, i %�� Z• L
Be,;ister of Deeds —Deputf e?1.ster •.� IL

&3 z-
NORTH CAROLINA 135
BEAUFORT COUNTY
THIS DEED, Made as of the 9th day of October 1968, from
Dorothy A. Fischer and husband, George H. Fischer, and Max F. Thompson, Jr.
and wife, Mary G. Thompson, hereinafter designated SELLERS, to Texas Gulf
Sulphur Company, a Texas corporation, hereinafter designated BUYER;
W I T N E S S E T H:
That for and in consideration of Ten Dollars to SELLERS paid by BUYER,
�►`� C3
LU`0 �_ and for the further consideration of other land being conveyed from BUYER to
� F Dorothy..A. Fisher, George H. Fischer and Max F. Thompson, Jr. , the receipt of
t o
which is hereby acknowledged, SELLERS have sold and do hereby convey unto
' BUYER a certain tract or parcel of land located in Richland Township, Beaufort
YZ
w3 u
w 40
ill County, North Carolina, and more particularly described as follows:
y Beginning in the center line of Secondary Road 1941
$ £ q Q 4 and in the easterly line of Texas Gulf Sulphur Company's
Holadia Tract; running thence with the center line of Secondary
1uo ny38 Road 1941 South 70° 46' East 770 feet; thence North 19°
14' East 330 feet; thence South 74° East 950 feet to the run
of Whitehurst Creek; thence up the run of Whitehurst Creek
as follows: North 5° 43' East 115 feet, North 12° 00' East
96.1 feet, North 82 55' East 67.1 feet, North 18° 11' East
120.1 feet, North 20° 23'West 111.7 feet, North 19° 48'
West 120.5 feet, North 5° 20' West 34 feet, North 28° 52' West
192.6 feet, North 44° 31' West 160.9 feet, North 39° 46'
West 75.1 feet, North 6° 33'West 34.5 feet, North 15° 36'
West 115.1 feet, North 80° 38' West 115.6 feet, South 80' 07'
West 135.5 feet, North 38° 44' West 79.6 feet, South 61'
41' West 134.3 feet, South 68° 00'West 55 feet, South 73°
25' West 583.7 feet, South 71° 02'West 204.1 feet, and
South 78° 25'West 204.6 feet to a corner of the said Holadia
Tract; thence with the line of the said Holadia Tract as follows:
South 29° 56' West 152.5 feet to an iron pipe, South 00° 17' East
with the center line of a ditch 94.3 feet, and South 2° 57'
West with the center line of a ditch 328 feet to the point of
beginning, containing 33 acres, more or less. The description
herein set forth is taken, in part, from a survey made by
W. C. Rodman, Jr. Registered Land Surveyor, in March 1967.
McMULLAN
TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with
McMULLAN
ATTORN[YS AT LAW, -
WAlNINOTON.N.C. all rights, ways, privileges and appurtenances thereunto belonging or in anywise

136
appertaining unto it, the said BUYER, its successors and assigns, in fee simple;
provided, however, this conveyance is made subject to the following:
1. Right of Way of Secondary Road 1941.
2. This deed is made pursuant to the terms of an Option and Contract
to Purchase Land agreement between Dorothy A. Fischer et al and
Texas Gulf Sulphur, dated September 3, 1963, recorded in Book 555,
i page 640, Beaufort County Registry. SELLERS have elected to
take.payment of a portion of the purchase price in installments as
provided in said Option and Contract to Purchase Land, and this deed is
made subject to SELLERS' rental and other rights set forth in
said instrument.
Subject to the foregoing matters, SELLERS covenant that they are seized
of the land above described in fee and have the right to convey the same in fee
simple; that the same is free and clear from all liens and encumbrances and that
they will warrant and defend the title thereto against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, SELLERS have hereunto set their hands and seals
as of the day and year first above written.
z, C( � �• :'_`�Z L' (SEAL)
DAothy A. Fischer
(SEAL)
George H. Fischer
(SEAL)
Max F. T•hompsoX Jr.
�!'?�:*,, •�� %,�.-�.,. (SEAL)
/Mary G.'Thompson
STATE OF Knrrh raraj ina
COUNTY OF Beaufort
Before me, Ella Lee .Waters a Notary Public in and for
the County and State aforesaid, personally appeared Dorothy A. Fischer and husband,
George H. Fischer, and acknowledged the due execution of the foregoing instrument
for the purposes therein expressed.
McMULLAN
McMULLAN Witiidss��my hand and notarial seal this 9th day of October 1968.
ATTORNEYS AT LAW - '• �,•••
'WASHINGTON.N.C. '� -•:i: �� C+ //
O Notary Public
My Enmislon expires: October 23, 1968.
,r.:.

STATE OF OHIO 137
COUNTY OF MONTGoAjERY
Before me, _ Jeff E. Lobs leh a Notary --'ublic in and
for the County and State aforesaid, personally appeared Max F. Thompson, Jr.
and wife, Mary G. Thompson, and acknowledged the due execution of the foregoing
s
instrument for the purposes therein expressed.
Witness my hand and notarial seal this 39th day of Set ber 1968.
4 1••
NoteV�.'
JEFF E. LCd "
M Commission expires: and for MonlgoY xP� F.ugust 1, 1972
R5y Cummi�ion F.z=;atd .��..,,.ld
North Carolina
Beaufort County
The foregoing certificate S of
! taiY-�r I-a/Ao aries Publf•c fs/are certified to be correct.
'This instrument was presented for registration and recorded in
this office at Book,, page,[,��. 35-
'This r
Y of at,/clock .M.
John I. Morgan
.Register of Deeds � Y ReS�s�er of Deei�
McMULLAN
6
McMULLAN
ATTONNSTS AT LAW
WASHINGTON.N.C.
I

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t�j�J TO HAVE AND TO HOLD the aforesaid right of way and easement unto
Grantee, its successor�'and assigns, for so long as said right of way and
easement shall be used for railroad purposes and shall not be abandoned
011
or relocated.
It is expressly understood and agreed by and between the parties
hereto, as follows:
(1) If, after ten (10) years from the date of this instrument, either
Grantor determines that all or any part of said right of way and easement
interferes with its anticipated mining or processing operations in the
Beaufort County, North Carolina area, then said Grantor shall notify Grantee
in writing of its desire that the right of way and track be moved, specifying
in said notice the date on which it requires said track to be relocated which
date shall not be less than one year from the date of said notice and desig-
nating in the notice a new location for the right of way and relocation of
the said track, and Grantors shall provide Grantee with a right of way and
easement over said new location and Grantee at its expense shall relocate
the said track on the said new right of way; provided, however, that the
new location for the right of way and relocation of said track shall be
determined by engineering representatives of Grantors and Grantee and shall
be over such land as will provide a track subgrade elevation between elevatio
nine feet and thirteen feet above mean sea level, and be such land as will
avoid excessive curvature, grade and distances for the relocated track.
(2) Upon and after execution of this instrument, the officers, agents
and employees of Grantee shall have the right to enter upon and use the land
above described for the purpose of constructing thereon and thereover railroa
tracks and otherwise for railroad purposes including the right to do at any
time such reasonable cutting, filling and grading as they may deem necessary,
provided, however, that if such use of or work on said land would impair or
obstruct the present drainage of any area, Grantee will provide reasonable
Page two.

alterngte drainage of such area.
(3) That if this easement or right of way be relocated or if the
Grantee shall abandon the aforesaid land or right of way for railroad
purposes and cease to use the same for such purposes, the Grantors and
their respective successors and assigns shall be seized of their former
estates therein and the aforesaid right of way and easement shall cease
and determine. If a railroad track is placed on the right of way and
easement and later removed and not replaced within one year, this shall
be conclusively presumed to constitute an abandonment.
(4) The Grantors reserve the right to the use of said right of way
for roads and drainage ditches, bridges, culverts, permanent and temporary
logging facilities and for any and all purposes convenient or necessary for
the conduct of their respective operations but said use shall not interfere
with the purposes for which this easement was granted.
(5) Grantee will pay the actual damages to fences and growing crops
on the above described land caused by the construction, operation, maintenance,
inspection, rebuilding and removal of said railroad line and will repair the
breakage caused to any bridge and any damage to any road due to heavy hauling
to and from the right of way strip, if claim is made within sixty (60) days
after such damages are sustained.
(6) The Grantors shall have the right at their expense to cross the
right of way herein conveyed with pipeline or pipelines, drainage canals,
road, utilities and electric power lines and other operations of the Grantors,
provided such use shall not interfere with the purposes for which this easement
was granted.
(7) The Grantee shall indemnify and save harmless the Grantors from
any and all action, cause of action, suit, demand, claim, accident and cost
arising out of, related to or in any manner connected with the construction,
maintenance, operation, repair, replacement or use of the right of way and
easement granted, or of the said railroad line and the fixtures or related
Page three.

52 facilities used in connection therewith, and which are based on any negligence
or willful acts of commission of the Grantee, its agents, servants, employees
•
or contractors.
t
(3) The Grantors shall not be responsible for damage to the railroad
line or other facilities of Grantee not resulting from the negligence or
willful acts of Conunission of the Grantors, their agents, servants, employees
or contractors.
(9) Grantee shall re-build and re-locate, parallel to the railroad
right- of way or at a place mutually agreed upon, all logging roads and
drainage facilities which will be impaired or tendered useless by construction
of the railroad, such relocations of roads and drainage facilities to be of
t-he same character and usefulness to the Grantors as now.
(10) If the Grantee should use poisonous or injurious sprays on the
vegetation, trees or other growing crops in the said right of way and the
same shall retard or kill the trees or crops arid reproduction of trees or
crops; outside the right of way, the Grantee shall be accountable to tire
Grantors for the market value of any trees or crops or replacement cost of
such reproduction as of the age when so retarded or destroyed.
(11) In the event that any leases, options, or other arrangements
between the Grantors are terminated or exercised so that Grantor Weyerhaeuser
Company ceases to hold a legal interest in any or all of the lands over which
the casement heroin granted lies, Grantor North Carolina Phosphate Corporation,
its successors and assigns, shall thereafter as to those land: of Grantor
Weyerhaeuser C o m p a n y to which it acquires a legal interest be deerned
to be the sole grantor of the rights granted by this eanernenL and shall
thereafter as to those lands be solely entitled to the rights reserved to
the Grantors of this easement and solely subject to' the obligations of the
Grantors.
(12) In the event that any leases, options or other arrangements between
the Grantors are terminated or exercised so that Grantor North Carolina
Page four.

i
Phosphate Corporation ceases to hold a legal interest in any or all of the
lands over which the easement herein granted'lies, Grantor Weyerhaeuser
Company, its successors and assigns, shall thereafter as to those lands of
Grantor North Carolina Phosphate Corporation to which it acquires a legal
interest be deemed to be the sole grantor of the rights granted by this
easement and shall thereafter as to those lands be solely entitled to the
rights reserved to the Grantors of this easement and solely subject to
the obligations of the Grantors.
(13) The right of way and easement herein conveyed by North Carolina
Phosphate Corporation and Weyerhaeuser Company to Norfolk Southern Railway
Company shall forthwith become subject to the lien of the First Mortgage
of Norfolk Southern Railway Company to Manufacturers Hanover Trust Company,
as Trustee, dated as of July 1, 1938 and recorded, among other places, with the
Register of Deeds of Beaufort County in Book 343, page 83, and also to the
lien of the General Mortgage and Deed of Trust of Norfolk Southern Railway
Company to Chase Manhattan Bank, as Trustee, dated as of June 1, 1960, and
recorded, among other places, with the Register of Deeds of Beaufort County
in Book 513, page 127, and, also to the lien of the Second General Mortgage
and Deed of Trust of Norfolk Southern Railway Company to United States Trust
Company of New York, as Trustee, dated as of April 1, 1963 and recorded,
among other places, with the Register of Deeds of Beaufort County, North
Carolina, in Book 551, page 1.
(14) Grantor Weyerhaeuser Company reserves for itself such timber on
the said right of way as it wants with the understanding that Grantor
Weyerhaeuser Company will cooperate with Grantee and get such timber as
Grantor Weyerhaeuser Company wants from said right of way removed so as not
to hinder the work of Grantee on said right of way.
(15) Grantee agrees that no stumps or tops or debris from Grantee's
work on said right of way will be left on the property of Grantors adjoining
the right of way herein granted.
Page five.

522 (16) This easement is executed by Weyerhaeuser Company by and through
its legally constituted and appointed Attorney-in-Fact, �Joseph C. Brown, Jr.,
whose power of attorney bears date of March 21, 1962, and is duly recorded
in the Public Registry of Beaufort County in Book 535, page 5.
Grantors, for themselves, their successors and assigns, covenant to
and with Grantee, its successors and assigns, that they are seized in fee
simple of the above described land and have the right to grant the aforesaid
right of way and easement, that the said land is free and clear from any and
all encumbrances and that they will warrant and defend the grant of said right
of way and easement against the lawful claims of all persons, whomsoever.
Liability under this warranty shall be limited to the refund by the Grantors
of the purchase price received per acre for any acreage lost.
IN WITNESS WHEREOF, North Carolina Phosphate Corporation has caused this
instrument to be signed in its name by its President and its corporate seal
to be hereunto affixed and attested by its Secretary, and Weyerhaeuser Company
has caused this instrument to be signed in its name by its duly authorized
Attorney-in-Fact, Joseph C. Brown, Jr., the day and year first above written;
and Grantee, signifying its acceptance of and agreement to the conditions and
reservations herein contained, has caused this instrument to be signed in its
name by its President and its corporate seal to be hereunto affixed and attested
\ r _•bY,_its Secretary, the day and year first above written.
NORTH CAROLINA PHOSPHATE CORPORATION
(Corporate Seal) By �/��
Pre ident
Secretary
WEYERHAEUSER COMPANy
BY
;•: Attorney-in-Fact
NORFOLK SOUTHERN RAILWAY COMPANY
A
r .
(Corporates Seal)
o ATTEST:'•..7> BY
sident
Secretary
Page six.

STATE OF NEW YORK 523
COUNTY OF NEW YORK '
I, HELEN WATERS
.0 a Notary Public, certify that
MALCOLM R. WILKEY• personally came before me this day and
acknowledged that he is Secretary of North Carolina Phosphate Corporation,
and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its President, H UG H ES MAYO
sealed with its corporate seal, and attested by himself
as its Secretary.
WITNESS my hand and notarial seal, this 9th day of une 965.
Nota Plic
My:commission expires:
Notary ublicAIR ,State of New York
Qualified in New YorK County
(N.P. Seal) Commission Expires March 30,1967
NORTH CAROLINA
P r)a_,_
- EA4JFORT COUNTY
I, a Notary Public of said County
and State, do hereby certify that Joseph C. Bro%m, Jr., whose name is signed
to the foregoing instrument as Attorney in Fact for Weyerhaeuser Company, has
this day acknowledged before me that the said instrument has been signed by
Weyerhaeuser Company by him as its duly authorized Attorney in Fact.
WITNESS my hand and notarial seal, this /`f"" day of June, 1965.
j.
1 Notary Public
My commiss ion expires:
(N.P. Seal)
NORTH CAROLINA
WAKE COUNTY
I, Betty Daves, a Notary Public, certify that Goldie M. Lane personally
Page seven.

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W EYE.R.•iA&U56 P, CorApA y

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came before me this day and acknowledged that she is Secretary of Norfolk 52
Southern Railway Company, a corporation, and that by authority duly g!jM n
and as the act of the corporation, the foregoing instrument was signed in
its name by its President, Henry Oetjen, sealed with its corporate seal,
and attested by herself as its Secretary, for the purposes therein expressed.
WITNESS my hand and notarial seal, this =' day -G�
of 1� 1965.
........... Notary Public
My Commission expires: February 11, 1967.
(N.P. Seal)
north Carolina boaulort County s�
The foregoing cortifica�ee of
Votary Public of�c.c�/C-, , �_ Co..�.:�;
Notary Public o f'..1�]c ... 6o. an3(r.i
a Rotary Public of_ C` C are adjudg d to be
correct. Let inat_. the certificates be
rebietered.
Sitneso my hand this the�!day of_. ez, 19��
LG y—JD'z ji rk Suporior Conri
Filed July 23, 1965, at 9:30 A.
John I. Morgan, ReCister of Deeds
5
Page eight.