HomeMy WebLinkAbout07_Appendix VI - Reclamation Bond_Redacted Appendix VI - Reclamation Bond
Original Bond
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Land Quality Section Band Mo. 8192-48-57
Bond Pursuant to "The Mining Act of 1971"
(G.S. 74-45 through G.S . 74-68)
KNOW ALL MEN BY THESE PRESENTS, That
a Corporation and having its principal
office at ImMS, 100 Mansell Rd., Rosoeli CA 30076
in the State of Georgia as principal, and
a
F r
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 Carolinar with an office located at 2105 Water Ridgy
rarlara 4th Floor , in the City of Charlotte NC 2$217 ,
North Carolina, as surety, are held and firmly bound unto the State of
North Carolina in the sum of Five Hundred Thousand-- Bond No.
REPPM
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 lith day of March
0 zoos
THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said
K-T Feldspar Carparatico
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 . Al922a
from the Department of Environment and Natural Resources.
NOW THEREFORE, if the said
K-T Feldspar Corpora*inn 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:
K-T Feldspar Corporation
Secretary or Principal
Assistant Secretary
( Attach ) By
( Corporate Seal ) President, vice President,
(here of Corporation) Partners, or Owner
Federal Insurance Caapany
Surety
Countersigned at Not applicable , North Carolina
riot a 1 i cabl e By 4, tt,0-0
Resident Agent of N.C. Agqent d Attorney in Fact
(Fbye Vllheeler, Attorney-in-fact)
*PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT
TO THE FOLLOWING ADDRESS:
LAND QUALITY SECTION
P. 0. BOX 27687
RALEIGH, NC 27611
\4Md Page 2 of 2
This Notice parWbd a to tH oilawTng Surety Bond lesued Ery a member insurt=v'af ttte Chubb Group of
Insurance Companias,including Federal insurance Company,Vigilant Insurance Company and
PaelfEc Indernnity Company.
Bond number
FOLICYHO`L,DER DISCLOSURE N0_nCE
TERRORISM RISK INSURANCE ACT OF 2002
You are lLereby notified that pursl=t to the 'Terrorism Risk Insurance Act of 2002 (the
"Ae) effective November 26, 2002, we are making available to you coverage far losses
arising out of certain acts of international terrorism. Te=mrism is defined as any act
certified by the Secretary of the Treasury, in concurrcn= with the S eCrt tery of State and
#hs Attor=y Ckneral oftha United.States, to be au act of terrorism.; to be a violent act or
an act that is dangerous to'human life, prop,:* or ii fmstmcture; to have resulted in
damage within the United States, or outside the United States is 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 f'oreiga interest, as part
of an e$'art to coerce the civilian aoptiMorn 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
tenoxism covered by.your Surety Bond wW bo partially reimbursed by the United States
under the formula set forth in the Act Under this fomnula, the United States of America
pays 90%of covered tmrorisam losses that mxceed the statutorily established deductible to
be paid by the innance company providing the coverage. Tha portion of your premium
that is attributable to coverage for Bach acts of temrism is zero, because wo could not
distinguish (and separately charge for) acts of terrorism from oilmr causes of loss when
wt c aibited your prc=unL
If you have avy 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 OF
Pacific Indemnity Company Warren!NJ 07059
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a NewYork corporation,
and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint W i 11 i am G. Moody,
Faye B. Wheeler and John D. Pollack, Jr. of Atlanta, Georgia---------------
each as their true and lawful Attomeyin-Fad to execute under such desklnation In theft names and to aft theft corporate seats 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 bag bonds)given or
executed In the course of business,and any Instruments amending or altering the saute,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 seats on this 21 s t day of January,, 2004
enneth C.Wendel,Assistant Secretary Fra k E.Robefto-n.%Act President
STATE OF NEW JERSEY
ss.
County of Somerset JJJ
on eft 21 s t day of January, 2004 ,before me,a Notary Public of New Jersey,personally carte Kenneth C.Wendel.to me known
to be Assistant secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNfTY COMPANY,the cornpanlas WWCh executed the
forcg ft Power ofAttumey,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 COIAPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seats thared.that the seals affixed to the foregoing Power of Attomey are
such corporate seats and were fitereto attixed by authority of the By1.aws of Bald Campanfea;an4 that he signed said Power of Attorney as Assistant Secretary of sald Co Toanles
•Ike authortly;wW that he Is acquainted with Frank E.Robertsox%and knows him to be Vice Pmddenf of salt!Companies:and that in signature of Frank E.Robertson.
�scrffied to sa=Amw dAttomey Is in the gene to hmxfwdbV of Frank E.Robertson.and was ttterato wed by aut mity of said By-Laws and in deponenrs presance.
Notarial R% Karen A.Price
4 0� �' Notary Public State of New Jersey •
}
p No. 2231647 (010
VBL� w
w J �0i1i11iss10�'Roir£S vl}. Gv, e'�.1 Notary Public
CERTIFICATION
Extract from the Bylaws 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 name and on behaH of the Company.either by the
Chalrman or the President or a Vie President or an Assistant Vice President,jointly 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 followbtg officers;
Chalrtrretrt.President,any Vice President,any Assistant Vice President,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 rrelating thereto appointing Assistant Sec retinas or Attomsys-in•Fact for
purposes only of executing end attesting bonds and undertakings and other writings obligatory In the nature thereof,and any such power of
attorney or certificate bearing such facsin to signature or facsimile sea[shall be vafld and binding upon the and such
executed and certified such facsim'ta s Company �y power so
by Igrtahrre and facsimile seal shall be va[[d and binding upon the Company with rasped to any hortci 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'Compartteso)do hereby certify that
(1) the foregoing extract of the By-taws of the Companies Is true and correct,
(0) the Companies are duty licensed and authorized to transact surety business in all 50 of the United 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 Rlco and the U.S.
Virgin islands,and Federal Is licensed In American Samoa,Guarn,and each of the Provinces of Canada except Prince Edward Island;and
(RI) the foregoing Power ofAttcmey is true,correct and In full force and off U
Given under my hand and seals of said Companies at Warren,NJ this day of `?SIC-,�Lt ej— 7
u QF�
. u
Kenneth C.Wendel.Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR
Rider for Name Change to The Quartz Corp USA
CHUBB GROUP OF INSURANCE COMPANIES
_' CHUBB r5 440unlain Yew Road, P 0 Roy 1615. Warren. New is(Soy 07051 i
FEDERAL INSURANCE COMPANY
RIDER to be attached to and form a part of
Bond wherein
K-T FELDSPAR CORPORATION
Is named as Principal and FEDERAL INSURANCE COMPANY
AS SURETY, in favor of
STATE OF NORTH CAROLINA
In the amount of E 500000.00
6ffWivn 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 successonl and assigns, as Principal and FEDERAL IN-
SURANCE COMPANY hereby binds itself, its successors and assigns, as Surety, In accordance with
the terms, provisions and conditions of said bond as so emended.
IN WITNESS WHEREOF, the said Principal end Surety have caused this Rider to be duly signed and
their respective seals to be hereunto affixed this 7th day of January, 2013
Accepted: THE QUARTZ P USA
By- _
BY
FEDE IN$URAN O PANY
BY
Debra A.Deming Aflomsy-in-F -
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 4Lg3e
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. beming, Sandra Diaz, Evangelina L. Dominick, Cynthla Farrell, Jessica lannotta,
Annette Leuschner, Robert P. McDonough, Glenn Pelletiere, Sonia Rogers, Valorle Spates and Mekeeva
Summerford of New York, New York -- — — ----- — _ ..
each as their true and lawful Attorney-In-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on(hair behalf as surely
thereon or otherwise,bonds and undertakings and other wrings obligatory in the nature thereof(other than bet bonds)given or executed In the course of business,and any
instruments amending or altering the same,and consents to the modrficaton 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 dayol February,2011.
Kenneth C.Wendel,Assistant—Secm^'tery Do"
. ors,Jc,Vice Pms1;
STATE OF NEW JERSEY
County of Somerset as.
On this 11 th day of February,2011 before me,a Notary 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 Power of Attorney, and the said Kenneth C. Wendel, being by me duly swum,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 am such corporate seals and were thereto affixed by autorlry of the By-lass 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 a Norris,Jr.,and knows him to be Vice President of said Companies;and that the
signature of David S.Norris,Jr.,subscribed to said Power of Attorney Is in the genuine handwsaing of David B.Norris,Jr.,and wee thereto subscribed by authority of said By.
Laws and in deponents presence.
Notarial Seal J.Apt.
T kIQHERINE J.ADEIAAR
�p1ARY NOTARY PUBLIC OF NEW JFRSFt
v•� Nc.2316161585
Commiylon Erpirat July lb,2014 ry
Neta Ppalc
tYtJE?
CERTIFICATION
Extract I..the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"All 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 President,jointly Win the Secretary or an Assistant Secretary,under their respective designations.The
signature of such officers maybe engraved,prided or lithographed.The signature of each of the following officers:Chairman,President,any Vice PresderrL any
Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any pourer of attorney or to any
certillcate relating thereto appointing Assistant Secretaries or AtWmeys-in.Fact for purposes only of executing and attesting bonds and undenekings and other
writings obligatory in the nature thereof,and any such power of attorney a oemfcate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Compary and any such power so executed and certmed by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond 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")tlo hereby cenity,that
(i) the foregoing extract of the By.Laws of the Companies is true and correct,
(f) the Companies are duty licensed and authorized to transact surety business in all 50 of the United Stales 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 licensed in
American Samoa.Guam,and each of tha Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney Is two.correct and in full force and otect. /�
Given under my hand and seals of said Companies at Warren,NJ this T -" day od��,r,7v L ge"
,cia
a
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
NATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE.OR BY Telephone(908)903-3493 Fax(908)909-3656
e-mat: surety@chubb.com
Form 15-10-02258-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
....... 320,332
Municipal Bonds......................................... 10,312,572 Ceded Reinsurance Premiums Payable
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
2832
Chubb Investment Holdings,Inc................ 3,212,072 """"""""""""""..... 22 ,
Capital Stock ......................
.......................... 20,980980
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
Chubb Insurance Company of Australia Limited 404,315
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 Companv
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
V4111�(9
oAo �C.J DOROTHY M.BAKER Assistant Secretary
Notary Public,State of New York
Notary Public No.31-4904994
Qualified in New York County
Commission Expires Sept.14,2013
Form IS-10-0313A(Rev.3/12)
Rider for Increase in Bond Amount to One Million Dollars
BOND NO.e1924e57
RIDER
To be attached to and form a part of Bond No. -
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 Noll 00-----($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
3xpressly stated. This rider is effective on the 22nd day of August 2019
Signed and sealed this lath day of September 2019
THE QUARTZ CORP USA
Principal
BY:
FEDERAL INSURANCE COMPANY
Surety
BY:
Debra A. Deming Attorney-in-Fact