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