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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