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Home My WebLink About20230428_Bond_notsigned Lisa Denise Butner Tri County Rock 374 Murphy Rd. Spruce Pine, NC 28777 828-385-0787 lisabutner32@gmail.com Please find the enclosed surety bond in the amount of$1600.00 for L&B Mine Mining Permit No. 00-35. Respectfully, APR ,g ?013 ROGF? ROY COOPER Governor ELIZABETH S.BISER ove) $ �013 Secretary APR 2 DOUGLAS R.ANSEL NORTH CAROLINA water Ploglarri Interim Director Environmental Quality nE��R-Stomp March 30,2023 Certified Mail Return Receipt Requested 7008 1300 0000 1127 1395 Lisa Denise Butner dba TriCounty Rock TriCounty Rock 374 Murphy Road Spruce Pine,NC 28777 RE: L&B Mine-Mining Permit No.00-35 Yancey County-French Broad River Basin Dear Ms.Butner: Your application for a modification of the above referenced mining permit, has been approved but the modified permit shall not be issued until the Department has received the required bond or security pursuant to N.C.G.S.§74- 51(h)in an amount sufficient to cover the present operation. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is$3,300.00. The calculation worksheet is enclosed for your review and the new bond or balance ($1,600.00) will be required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the permit, i.e., Lisa Denise Butner. In addition to one of these alternatives you may,upon request,substitute a cash deposit. Please review the reclamation bond worksheet and contact this office should you have any objections or questions concerning the permit conditions. N.C.G.S. §74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. N.C.G.S.§74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. Again,if you should have any questions on this matter please contact me,at(919)707-9220. Sincerely, Adam Parr,PE Assistant State Mining Engineer Enclosures cc: Ms. Shawna Riddle DEQ�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resource$ _ 512 North Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 27699-1612 d+r� 919.707.9200 r STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Land Quality Section Bond Pursuant to "The Mining Act of 1971" (G.S. 74-46 through G.S. 74-68) KNOW ALL MEN BY THESE PRESENTS, That i 6e-nenase a,ao r dha Trieo mtv Rock a sole Proprietor and having its principal office at jeo awe Rock Road in the State of Nc , as principal, and r.e rnmneny a corporation organized under the laws of the State of Texas and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at 11449 Carmel commons ewd,in the City of charlotte ,North Carolina,as surety,are held and firmly bound unto the State of North Carolina in the sum simo.00 of Bond No. ucxiisa9r6 lawful money of the United States of America, to the payment of which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents. Signed, sealed and delivered this tmh day of Aoril , 2023_ THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said «,Rock conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G.S.74-53 and has obtained approval of this application on the 19m day of Apo 2o23 . from the Department of Environment and Natural Resources. RECEIVED APR 2 8 2OZ3 Re=s. Lec ze05 LAND QUALITY MINING PROGRAM t NOW THEREFORE, if the said Lisa Denise Butner dba TriCounty Rock shall comply with the requirements set forth in "The Mining Act of 1971" (G.S. 74-46 through 74-68) and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full force and effect until released by the Department of Environment and Natural Resources in accordance with G.S. 74-56 or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environment and Natural Resources and the operator as provided in G.S. 74-54. ATTEST: I ka Mniqp R stner dlha ThCnunty Rnek Secretary or Principal Assistant Secretary ( Attach } By { Corporate Seal ) President, Vice President, { here of Corporation ) Partners, or Owner Lexon Insurance Company Surety Countersigned at 11440 Carmel Commons Blvd,Ste 207 Charlotte ,North Carolina ell- - I S, By: 0/4-4 Resident Agent of NC Agen and A mey in Fact Nick Brady David Gonsalves *PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT �� 01,41,10, TO THE FOLLOWING ADDRESS: SEAL LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 Page 2 of 2 Rev. Dec 2006 POWER OF ATTORNEY LX- 9901 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation,with its statutory home office in Austin,Texas, does hereby constitute and appoint: Nick Brady, Sara Holt, Elspeth Murray. David Gonsalves, Jackson Cromer. Sheralynn Gibson its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds. undertakings or other writings obligatory in nature of a bond_ This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July,2003 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed$5,000,000.00 Five Million Dollars,which the Company might execute through its duly elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In- Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF,LEXON INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate Seal to be affixed this 22nd day of June,2018. LEXON INSURANCE COMPANY i SEAL BY It Brian Beggs President ACKNOWLEDGEMENT On this 22nd day of June,2018,before me,personally came Brian Beggs to me known,who be duly sworn,did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. �� ►r.. , ,f AMY TAYIQR ? .w. Notary Public-State of Tennessee BY Davidson County Amy ylor My Commission Expires 07-08-19 Notar Public CERTIFICATE I,the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet,Tennessee this 19th Day of April 2023 1.4 BY '. S E A L Andrew Smith Assistant Secretary of 14+ "WARNING: Any person who knowingly and with Intent to-defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which Is a crime and subjects such person to criminal and civil penalties."