20080868 Ver 2_PCS submittal to Satisfy Cond 6 of 401_20090806

PCS
Phosphate,
a`rF 0$- 08 ? 8
AURORA
PCS PHOSPHATE COMPANY, INC.
P.O. BOX 48, AURORA, NC U.S.A. 27806
August 5, 2009
Certified Mail
Ms. Coleen H. Sullins
Director, Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
P. 6-??od[ 9 Do
AUG - 4 2009
DENR - WATER WALI (Y
WETLANDS AND STORMWATER BRANCH
Subject: PCS Phosphate Mine Continuation 401 Water Quality Certification
Condition 6 - accounting of proposed mitigation
Ms. Sullins:
Condition 6 of the 401 Water Quality Certification issued on 01/15/09 states,
... DWQ shall be copied on a final accounting of the amount and type of proposed
wetland, stream and buffer mitigation within 60 days of the issuance of the 404 Permit
from the US Army Corps of Engineers." ...
The 404 Permit was issued on 06/10/09, and the attached tables (2) have been developed to
satisfy this condition.
Note: these tables are updated from the information previously provided to the Corps on
04/28/09. This update includes stream buffer information that was not provided in the 04/28/09
tables.
Please contact me or Jeff Furness (252-322-8249) if you have any questions or require additional
information.
Sin7 yours,
Ross M. Smith cc:
Manager, Environmental Affairs John Dorney - DWQ
PCS Phosphate Company, Inc. Kyle Barnes - DWQ
252-322-8270, [e-mail] Tom Walker - USACE

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PCs
Phosphate ft'; AURORA
PCS PHOSPHATE COMPANY, INC.
P.O. BOX 48, AURORA, NC U.S.A. 27806
August 5, 2009
Certified Mail
Ms. Coleen H. Sullins
Director, Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
AIIG 8 Zppy
VWTLOD$ AND STOR A l It
ORMWATER SRANCH
Subject: PCS Phosphate Mine Continuation 401 Water Quality Certification
Condition 9 - conservation restriction proposed text
Ms. Sullins:
Condition 9 of the 401 Water Quality Certification issued on 01/15/09 states,
"In order to protect the uses of this Non-Riverine Wet Hardwood Forest wetland that will
not be mined, a conservation easement shall be placed on the wetland and restored
mining and utility corridor to preclude impacts including mining, logging and any other
disturbance of the vegetation or soils that would result in its delisting as a state or
nationally significant wetland area. This conservation easement shall be sent to DWQ
within 60 days of the issuance of the 404 Permit and the Division must review and
approve this easement before it is recorded."
The 404 Permit was issued on 06/10/09, and the attached "Declaration of Conservation
Restrictions" has been developed to satisfy this condition.
Please contact me or Jeff Furness (252-322-8249) if you have any questions or require additional
information.
Sincerely yours,
Ross M. Smith cc:
Manager, Environmental Affairs John Domey - DWQ
PCS Phosphate Company, Inc. Kyle Barnes - DWQ
252-322-8270, [e-mail] Tom Walker - USACE
DECLARATION OF CONSERVATION RESTRICTIONS
STATE OF NORTH CAROLINA
COUNTY OFBEAUFORT
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 day of , 2009, by PCS Phosphate Company, Inc., a
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 dated
, 200_, certified by and recorded in Map Book
Page , Beaufort County Registry (the "Plat"), and as more particularly described in
the legal description which is attached as Annex 1 to this Declaration and which is incorporated by
reference.
[NOTE: survey or surveys to be completed latter in year, after snake season and without leaves for
GPS use]
2. The North Carolina Department of Environment and Natural Resources, Division of
Water Quality ("DWQ") has reviewed and approved this Declaration as satisfying the requirement
pursuant to Condition 9 of the North Carolina 401 Water Quality Certification, Certification No.
3771, issued to Declarant on January 15, 2009 (the "2009 Certification"), for a conservation
easement on the wetland within the Bonnerton Restricted Area and the 1,145-foot-wide mining
corridor within the Bonnerton Restricted Area, as shown on the Plat and as described in Annex 1
("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) DWQ 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 NHP 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 DWQ 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. DWQ and their 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 DWQ 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 DWQ or any other person to assert a
violation of this Declaration or the 2009 Certification or institute any proceeding for any injury to or
change in or impainnent 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
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corporate name by its duly authorized officer and sealed with its corporate seal on the dated stated on
the first page of this Declaration.
PCS PHOSPHATE COMPANY, INC.
By:
Name:
Title:
[Corporate Seal]

STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
1, , a Notary Public of said county and state, hereby
certify that personally came before me this day and acknowledged
that s/he is Secretary of PCS Phosphate Company, Inc., a North Carolina
corporation, and that by authority duly given and as the act of PCS Phosphate Company, Inc., the
foregoing instrument was signed in the name of PCS Phosphate Company, Inc., by its
President, sealed with its corporate seal, and attested by self as its Secretary.
WITNESS my hand and notarial seal this the day of , 2007.
(official signature of Notary Public)
(Notary's printed or typed name)
(Official Seal) My commission expires:
Notary Public
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Annex 1
to Declaration of Conservation Restrictions
Legal Description of Bonnerton Restricted Area
The legal description of the Bonnerton Restricted Area is as follows:
(TO BE ADDED]
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