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HomeMy WebLinkAbout7_Appendix VI - Reclamation Bond Appendix VI - Reclamation Bond Original Bond STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Land Quality Section Bond No. 8192-48-57 Bond Pursuant to "The Mining Act of 1971" (G.S. 74-46 through G.S . 74-68) KNOW ALL MEN BY THESE PRESENTS, That K T Feldspar Corporation , Highway 226- North,Snrure, Pine- NC a corporation and having its principal of f ice at IHMS, 100 Hansen Rd., Roswell GA 30076 0 in the State of Goorgia as principal, and Faderal Insurance Crmonx -- a corporation organized under the laws of the State of Indiana and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, 'with an office located at 2105 Water Ridge _ Parkway, 4th Floor , in the City of Charlotte, NC 28217 , North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum of Five Hundred Thousand-- Bond No. SW,000_00 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 11th day of March ),9 20M_. THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said K-T Feldspar Corporation 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 11th day of March , A/92W4 , `.✓ from the Department of Environment and Natural Resources . NOW THEREFORE, if the said K-T Feldspar Corpgration shall comply with the requirements set forth in "The Mining Act of 1971" (G.S. 74-46 through 74-66) 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: K-T Feldspar Corporation Secretary or Principal Assistant Secretary ( Attach ) By ( Corporate Seal ) President, vice President, (here of Corporation) Partners, or Owner Federal Insurance Company Surety Countersigned at Not applicable North Carolina not applicable BY 6• Resident Agent of N.C. Agqent d Attorney in Fact (Fbye EV Vheeler, Attorney-in-fact) *PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION P. 0. BOX 27667 RALEIGH, NC 27611 Page 2 of 2 This Notice partarns to th` Following Surety Bond Issued by a member insur�rlol f the Chubb Group of Insurance Companies, Including Federal Insurance Gampany,Vigilant Insurance Company and Pacific Indemnity Company. Bond Number. e a` `�Y--� POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act') effective November 26, 2002, we are malting available to you coverage for losses arising out of certain acts of international terrorism Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to'human life, property or infiwtructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises.of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest,as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by.your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act Under this fonnula, the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The.portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not 'distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice,please contact your agent or broker. Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Present&,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby const$ute and appoint William G. Moody Faye B. Wheeler and John B . Pollack, Jr . of Atlanta, Georgia--------------- each as their tma and lawful Attorney-in-Fact to execute under such desfgnatlon In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds) given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or afteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC fNDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2 1 s f: day of January , 2004 VYG� enneth C.Wendel,Assistant Secretary Fra k E.Robertson,Vic President STATE OF N nA!JERSEY j ss. County of Somerset on this 2 1st day of January, 2004 bofote me,a Notary Public of New Jerssy,personatiy came Kennet',C.Wendel.to me known to be Assisiant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,end PACIFIC INDEMNITY COMPANY,the companles w1i1Ch executed Via foregoing Power of Attorney,and the said Kenneth C.Wendel being by me duty swam,did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY,and PACIFIC 1NDEMNr Y COMPANY and knows the corporate seals trrereof,that the seals affixed to the foregoing Power of Attorney are ch corpomle seals and wars thereto aftad by authority of the By-Laws of said Companles;and that he signed said Power of Attorney as Assistant Secretary Di said Companies - .y Bce authority;and that he Is acquainted with Frank E.Robertson,and(mows him to be Vtca President of said Companies;and that the signatura of Frank E. Roberts", subscribed to sal er of Attorney is in the genuine handwriting of Frank E.Robertson,errl was thereto mbscrfbed by au7hority of said By-Laws and in deponant's presence. P pR)9�)_ Kau A. Face Notarial Nctary Public Sate of Ncw Jprsey No. 2231647 / 0 0 wIX1111;ssicn t�01f£S Oct. gv, Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'An powers of attorney for and on behalf of the Company may and shall be executed In the nano and on behalf of the Company, either by the Chairman or the President or a Vice Preslderrt or an Assistant 1Ace President,jDlntly with the Secretary or an Assistant Secretary, under their respective deslgnations, The signature of such officers may be engraved,printed or lithographed The signature of each of the following officers; Chalrrnan, President,any Vice Prebklent,any Assistant Vice PresidonL any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Sacratarles or Atlomays-In•Fact for purposes only of executing and attesting bonds and undertakings and other wdtlnga obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsirn€le signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sea]shall be valid and binding upon the Company with respect to any bund or undertaking to which It Is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'Companies')do hereby certify that (I) the foregoing extract of the By-Laws of the Companies Is true and correct, (il) the Companies are duly Ilcensed and authorized to transact surety business In all 50 of the Untted States of America and the District of Columbia and are authorized by the U. S.Treasury Department;further, Federal and Vigilant are licensed In Puerto Rico and the U. S. Virgin Islands,and Federal is]Icensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward tsland;and M, the foregoing Power of AnDrney Is true, correct and In full force and effec+t. Given under my hand and seals of said Companies at Warren, NJ this I day of C'�_ �OAN_61 `�q ttrli �SURMrc Ot�`pvatt,��� [+%O :; 7 't— • w _VOWt? Y� * :HiS(tll5�� *t'ffy Y04'f-� Kenneth C.Wendel,Assistant Secretary (WO) Rider for Name Change to The Quartz Corp USA icCHUBB GROUP OF INSURANCE COMPANIES Ci-fUBlE3 15 Mounlain View Road, PO Box 1615, Warren New Jersoy 07(ib1.161', FEDERAL INSURANCE COMPANY RIDER to be attached to and form a part of Bond No.81924857 wherein K-T FELDSPAR CORPORATION is named as Principal and FEDERAL INSURANCE COMPANY AS SURETY, in favor of in theEamounntof NORTH 500 0G0 0 effective 3/11/2004 IT IS HEREBY STIPULATED AND AGREED THAT said bond is hereby amended as follows: The name of the principal in said bond is changed from K-T FELDSPAR CORPORATION TO THE QUARTZ CORP USA and that the Principal hereby binds itself, its successors and assigns, as Principal and FEDERAL IN- SURANCE COMPANY hereby binds itself, its successors and assigns, as Surety, in accordance wtfh the terms, provisions and conditions of said bond as so amended. IN WITNESS WHEREOF, the said Principal and Surety have caused this Rider to be duly signed and their respective seals to be hereunto affixed this 701 day of January, 2013 Accepted: TIME QUARTZ P USA — eye BY FEDI_ AL 1NSUFIANq O PANY BY Debra A. Deming Attorney-in-F t i Form 16 02 Oqn(An "4) TrA Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 C>HUBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Vivian Carti, Debra A. Demingg, Sandra Diaz, Evangelina L. Dominick, Cynthia Farrell, Jessica lannotta, Annette Leuschner, Robert P. McDonough, Glenn Pelletiere, Sonia Rogers, Valorie Spates and Mekeeva Summerfordof New York, New York-------------__.__�_____ M_—...._. . ___.._____.____...._�__.. ----____---------_ each as their true and Eawful Attorney-in-Fact io execute under such designation in their names and to affix their corporate seals ro and deliver for and on their behalf as surety thereon of otherwise,bonds and undertakings and olher writings obligatory in the nature thereof(other than bail bonds)given or executed In the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day of February, 2011. Kenneth C.Wendel,Assis ani Secretary Dav' . erns,Jr.,Vide STATE OF NEW JERSEY ss. County of Somerset On this 11 th day of February, 2011 before me,a Nolary Public of New Jersey,personally Came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Parer of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by aulhorlty of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney IS In the genuine handwrding of David B.Norris,Jr.,and was thereto subscribed by authority of said 6y Laws and in deponents presence. Notarial seal �Fe KATHERINE J.ADELAAR olwy NOTARY PUBLIC OF NEW JFMF) V 6 Nc.23166t15 PU1�L �+ CoRlmilylon Npit09 Jolly IA,7014 Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSU14ANCE COMPANY,VIGILANT INSURANCE COMPANY.aril PACIFIC INDEMNITY COMPANY. 'AIL powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice Prevdenl,jointly with the Secretary or an Assistant Secretary. under their respective designalions. The signature of such officers may be engraved,printed or lithographed.The signature of each of the lollovving otflcer5 Chairman,President,any Vice President,any Assistant Vice President,arty Secretary, any Assistant Secretary and the seal of the Company may be alliked by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other wrilings obligatory in the nature thereof,and arty such power al attorney or cenlficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shalt be valid and binding upon the Company with respect to any bond or undertaking 10 which it Is ahached." I,Kenneth C.Wendel,Assistarrt Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the-Companies']do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized fo transact surety buslnoss in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasuy Department;further,Fedoraf and Vigilant are licansao in Puerto Rico and the U,S Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (ni) the lofegoing Power of Altcmey is true,correct and in full force and effect. !�� r Given under m r�Vy y hand and seals of said Companies at Warren,NJ this �" t day of y L��� a L `�•6'��fd +� f�pv Kenneth C.Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR RY Talenhono(9t]81 903.3493 Fax(908)903-S6SIS e-mail; sure @ohubb.corn Form 15-10-02256-U (Ed.5-03) CONSENT FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2011 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments................ $ 151,942 Outstanding Losses and Loss Expenses..... $ 12,300,432 United States Government,State and Unearned Premiums.............. . 3,395,082 Municipal Bonds......................................... 10,312,572 Ceded Reinsurance Premiums Payable....... 320,332 Other Bonds.................................................. 4,146,378 Provision for Reinsurance............................ 80,930 Stocks........................................................... 779,367 Other Liabilities............................................. 922,290 Other Invested Assets................................... 1,924,895 TOTAL INVESTMENTS............................... 17,315,154 TOTAL LIABILITIES.................................... 17,019,066 Investments in Affiliates: Special Surplus Funds................................. 222,832 Chubb Investment Holdings, Inc................ 3,212,072 Capital Stock................................................ 20,980 Pacific Indemnity Company........................ 2,440,763 Paid-In Surplus............................................. 3,106,808 Chubb Insurance Investment Holdings Ltd.... 1,237,556 Unassigned Funds....................................... 10,356,926 Executive Risk Indemnity Inc...................... 1,076,901 CC Canada Holdings Ltd............................ 747,660 Great Northern Insurance Company.......... 436,665 SURPLUS TO POLICYHOLDERS.............. 13,707,546 l / Chubb Insurance Company of Australia Limited 404,315 - �•r' Chubb European Investment Holdings SLP.. 251,756 Vigilant Insurance Company....................... 233,604 Other Affiliates............................................ 409,535 Premiums Receivable................................... 1,470,010 Other Assets................................................. 1,490.621 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS............................. $ 30,726,612 TOTAL ADMITTED ASSETS...................... $ 30,726,612 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of$431,309,571 are deposited with government authorities as required by law. State,County&City of New York, — ss: Yvonne Baker,Assistant Secretary of the Federal Insurance Compahv being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31,2011 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2011. Subscribed and sworn to before me this March 31,2012 qo DOROTHY M.BAKER Assistant Secretary Notary Public,State of New York Notary Public No.31-4904994 Oualified in New York County Commission Expires Sept. 14,2013 Form 15-10-0313A(Rev 3/12) Rider for Increase in Bond Amount to One Million Dollars BOND NO.81924857 RIDER To be attached to and form a part of Bond No. 81924857 executed by THE QUARTZ CORP USA as Principal and by FEDERAL INSURANCE COMPANY as Surety, in favor of STATE OF NORTH CAROLINA and effective as of March 11, 2004 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Penal Sum of Bond: FROM: Five Hundred Thousand and No/100-----($500,000.00) TO: One Million and No/100-----($1,000,000.00) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 22nd day of August 2019 Signed and sealed this 18th day of September 2019 THE QUARTZ CORP USA Principal BY: FEDERAL INSURANCE COMPANY Surety BY: Debra A. Deming Attorney-in-Fact