20080868 Ver 2_Bonnerton Declaration of Conservation Restrictions Recordings_20160329

PotashCorp
Helping Nature Provide
Certified Mail
March 29, 2016
Ms. Karen Higgins
401 and Buffer Permitting Unit Supervisor
NC DEQ — Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
PotashCorp - Aurora
RECEIVED/NCDENR/DWR
APR 4 2016
Water Quality Regional
Op
erations
r section
Washington Regional office
Re: Bonnerton Hardwoods Declaration of Conservation Restrictions Recording
Dear Ms. Higgins:
The NC Division of Water Quality (now Division of Water Resources) issued to PCS Phosphate
401 Certification No. 3771, DWQ #2008-0868 version 2.0 on January 15, 2009, for our mine
expansion in Beaufort County. Draft conservation easement language to satisfy a portion of
Condition 9 of the Certification was submitted to DWR on August 9, 2009. This "Declaration of
Conservation Restrictions" for the NC Natural Heritage Program Bonnerton Non-Riverine
Wetland Hardwood Forest was approved in a July 6, 2015 letter from DWR.
The DWR approval letter required that the "Declaration of Conservation Restrictions" should be
recorded at the Beaufort County Register of Deeds office and a registered copy submitted to the
DWR within one year of the issuance of approval. Enclosed is the registered copy of the
recording, which includes the survey map and metes and bounds description of the tract. If you
have any questions, please call me at [phone], or email at [e-mail].
incerely,
J y C. urness
Senior Scientist
Enclosure
PC: Anthony Scarbraugh— DWR,Washington
w/encl.
Tom Steffens — USACOE, Washington
w/encl.
23-01-004-29
w/encl.
K. Alnandy
w/encl.
M. Johnson
w/encl.
J. Prescott
w/encl.
J. DeMonte
w/encl.
J. George
w/encl.
G. House
w/encl.
1530 NC Hwy 306 South, Aurora, NC USA 27806 T [phone]
PotashCorp. I vmvpotashcorp.com

BK1 8 9 5 PG 7 8 1 FOR JenntTRATION REGISTER
OF DEEDS
Beaufort County NO
March 15; 2016 H 1 46 AM
Book 1895 Page 781-184
FEE: 526.00
INSTRUMENT # 2016001150
IN81PUNENI I! MEN
DECLARATION OF CONSERVATION RESTRICTIONS
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
Prepared by: George W. House, Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Post Office Box 26000, Greensboro, NC 27420
THIS DECLARATION OF CONSERVATION RESTRICTIONS ("Declaration"), is made
as of the t- day of March, 2016, by PCS Phosphate Company, Inc., a Delaware corporation
("Declarant").
RECITALS
1. Declarant owns in fee simple certain real property located in Beaufort County, North
Carolina, consisting of all of the tract of land identified as the "Bonnerton Restricted Area" as
shown on a plat of survey titled "Map of Bonnerton Restricted Area" dated December 21, 2015,
certified by Robert M. Chiles, Professional Land Surveyor and recorded in Plat Cabinet I, Slide 46-5,
Beaufort County Registry (the "Plat"), and as more particularly described in the legal description
which is attached as Annex I to this Declaration and which is incorporated by reference in and made
a part of this Declaration.
2. The North Carolina Department of Environmental Quality, Division of Water
Resources ("DWR") has reviewed and approved this Declaration as satisfying the requirement, as
prescribed by Condition 9 of the North Carolina 401 Water Quality Certification, Certification No,
3771, issued to Declarant on January 15, 2009 (the "2009 Certification"), to place a conservation
easement on the wetland within the Bonnerton Restricted Area and on the 1,145-foot-wide mining

dK 1895PG782
and utility corridor within the Bonnerton Restricted Area, as shown on the Plat (•'Mining
Corridor").
NOW, THEREFORE, Declarant hereby declares that its use and enjoyment of the Bonnerton
Restricted Area shall be subject to the restrictions stated in Paragraph 1 of this Declaration which
shall run with title to the Bonnerton Restricted Area unless and until: (a) the 2009 Certification is
revoked or substantially modified or (b) DWR or its successor approves partial or complete
termination of any or all of the restrictions established by this Declaration.
1. There shall be no mining, logging or other material disturbance of the vegetation or
soils of the Bonnerton Restricted Area that would result in the delisting by the North Carolina
Natural Heritage Program of the Bonnerton Restricted Area as a state or nationally significant
wetland area, except that disturbance of vegetation and soils as authorized by Condition 9 of the
2009 Certification may occur in the Mining Corridor until Declarant has completed mining and
reclamation activities in the Mining Corridor and has received from DWR written approval of the
completed mining and reclamation activities.
2. Declarant reserves all remaining rights of or accruing from ownership of the
Bonnerton Restricted Area. The restrictions in this Declaration apply solely to the Bonnerton
Restricted Area. Nothing in this Declaration shall preclude or restrict Declarant or its successors or
assigns from developing or making any lawful use of adjoining property or other property at any time
owned or operated by Declarant or its successors or assigns.
3. DWR and its authorized employees and agents shall have a right of ingress and egress
to the Bonnerton Restricted Area at reasonable times on reasonable notice to Declarant to inspect the
Bonnerton Restricted Area for violations of the restrictions established in this Declaration. The rights
granted in this Paragraph 3 do not include or establish any access, inspection, or other rights for the
public or others.
4. Enforcement of the restrictions established by this Declaration shall be by proceedings
at law or in equity brought by DWR against Declarant or against any other person attempting to
violate any restriction established in this Declaration to prevent any such violation or to require
restoration of any area of the Bonnerton Restricted Area damaged by such violation. However,
nothing in this Declaration shall be construed to entitle DWR or any other person to assert a violation
of this Declaration or the 2009 Certification or to institute any proceeding for any injury to or change
in or impairment or degradation of the Bonnerton Restricted Area resulting from: (a) causes beyond
the control of Declarant or its successors or assigns, including (without limitation) fire, flood, storm,
or earth movement; or (b) any prudent action taken in good faith by Declarant or its successors or
assigns under emergency conditions to prevent, abate, or mitigate injury to life or damage to property
resulting from such causes.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed in its
corporate name by its duly authorized officer and sealed with its corporate seal on the dated stated on
the first page of this Declaration.

8K t 895PG783
PCS PHOSPHATE COMPANY, INC.
ATTEST:
onte, Assistant Secretary
STATE OF I1-LINM5
COUNTY OF CDpV--
I, 1E%(fsk V1aX 6o �E�21✓ K , a Notary Public of the State and County aforesaid,
certify that Jessica E. DeMonte personally appeared before me this day and acknowledged that
she is Assistant Secretary of PCS Phosphate Company, Inc., a Delaware corporation, and by
authority duly given and as an act of the corporation, the foregoing instrument was signed in its
name by its President, sealed with its corporate seal and attested by herself as its Assistant
Secretary.
WITNESS my hand and official seal, this the _ k day of 14 Af-Eff 2016.
OFFICIAL SEAL
JENNIFER O. RECZEK
NOTARY PUBLIC - STATE OF ILLINOIS Not ry Public
My Commhsim Ex ke~ 18, 2016
My Commission expires: fle-9- lL Q>, -01Lo

OKI895PG784
Annex 1 to Declaration of Conservation Restrictions
LEGAL DESCRIPTION
OF BONNERTON RESTRICTED AREA
FOR
PCS PHOSPHATE COMPANY INC.
Thal certain parcel of land located in the Richland Township, Beaufort County, North Carolina
located in the North East quadrant of the intersection of NCSR 1936 (Bonnerton Road) with
Gray Road (NCSR 1958 formerly slate maintained) and bounded on the North and South by the
PCS Phosphate Company, Inc. lands and being more particularly described as.
Beginning at a point adjacent to the NCSR 1936 near the intersection with said Gray Road with
said point also being located North 460 68' 47" East 75 40 Feet from an existing magnetic nail set
in the centerline intersection of NCSR 1936 and said Gray Road with said point of beginning also
being located 20 00 Feet East of the Easlern edge of the right of way of said NCSR 1936: Thence
from said point of beginning with the line being offset 20 00 Feel East of said NCSR 1936 right of
way and running North 07045' 12' East 138.27 Feet. North 140 10' 02' East 137.34 Feet, North
160 38' 56' East 98.52 Feet, North 170 45' 30" East 99.70 Feel, North 170 09, 37" East 70.75
Feet, North 140 59' 03' East 54 88 Feet, North 110 37' 04' East 70.06 Feet, North 070 02' S2"
East 77.66 Feet, North 040 39' 46' East 101.09 Feet. North 030 52' 40' East 140.82 Feet, North
020 50' S3' East 357.77 Feet, and continuing with the line offset 20.00 Feet to the east of said
NCSR 1936 North 020 57' 13" East 868.13 Feet, and North 020 55' 08' East 1036.44 Feet to a
point offset 20 00 Feet to East of the eastern edge of the right of way of NCSR 1936; Thence
from said point and running North 820 31' 43' East 704.24 Feet, South 560 09' 17" East 1266.19
Feet, South 520 35' 42" East 529.55 Feet, South 760 03' 30" East 1478.01 Feel, South 760 57, 36"
East 803.30 Feel, South 73' 21' 15' East 296.93 Feet, South 490 15' S9" East 714.37 Feet, South
720 22' 49' East 350.00 Feet, South 78' 53' 29" East 280.00 Feet, South 880 19' 02' East 299.17
Feet, and North 700 12' 19" East 39.86 Feet to a point being located offset 20.00 Feet to the West
of Louden Road (NCSR 1046 formerly stale maintained) with said point also being in the PCS
Alternate'L' Permit Line; Thence from said point and with a line offset 20,00 Feet to the West of
the said l nuden Road South 19" 10' 2n' West 571 20 Feet to said Gray Read and thence North
760 50' 22" West 402.04 Feel remaining offset with said Gray Road to a point at the beginning of
a curve to the left; Thence continuing with a curve to the left remaining offset 20.00 feel from the
said Gray Road and with said curve having a radius of 530.00 Feel and a chord bearing of South
800 49' 36" West and a chord length of 402.80 Feet to a point; Thence remaining offset 20.00 feet
northwest of said Gray Road South 680 29' 35" West 894.16 Feel to a point at the beginnGlg of a
curve to the right; Thence continuing with a curve to the right remaining offset 20.00 feel from the
said Gray Road and with said curve having a radius of 430.00 reel and a chord bearing of South
70" 10' 14' West and a chord length of 174 07 Feel to a point; Running thence along PCS
Phosphate Company, Inc (now or formerly) the following eight (8) Courses and distances (1)
North 13° 14' 36' East 333.92 Feel, (2) North 820 19'57* West 193.51 Feel, (3) North 860 59'
22" West 303.80 Feel, (4) South 870 55' 10" West 585.22 Feet, (5) North 550 58' 29" West
598.66 Feet, (6) South 860 00' 28" West 1146.00 Feet, (7) South 860 62' 66' West 434 29 Feet,
and (8) South 010 19' 55" East 643.16 Feet to a point offset 20.00 Feet from the northern side of
said Gray Road, Thence from sold point along a lino offset 20.00 Feet North of said Gray Road
South 88u 26' 24" West 1496.68 Feet. to the point of beginning and being 252.71 Acres more or
less in area
Robert M. Chiles, P.E.W'-Iil
C7jl?�ry
Engineers, Consultants & Marine Surveyors
Broad StreetPO
��,,,417-A
yNew
Box 3496
Bern, North Carolina 28564/
( •tL
bobrr,roberlmchilesoe.com:.
r.b'3 �;
February 1, 2016
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