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HomeMy WebLinkAbout02-06 North American Emerald Mine File Pt. 22e NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director October 23, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1126 6469 Mr. James K. Hill North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine Mining Permit No. 02-06 Alexander County Yadkin River Basin Dear Mr. Hill: Pat McCrory, Governor John E. Skvarla, III, Secretary We have received the $83,800.00 Surety Bond No. 016053185 issued by Liberty Mutual Insurance Company for the referenced mining operation. As this new surety bond sufficiently covers the mining operation, the enclosed Surety Bond No. SUR0005300 issued by Argonaut Insurance Company is hereby released by the Department of Environment and Natural Resources for your disposal. This office is closing its bond cancel lation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, i ;I Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: Surety Bond No. SUR0005300 cc: Mr. Zahid Khan Ms. Anita LeVeaux, Esq. Ms. Kathy Cooper, Esq. Ms. Rachael Gray, Esq. — Argo Surety, PO Box 469011, San Antonio, TX 78246 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9220 / FAX: 919-733.2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htto://Portal.ncdenr.org/webAr/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Martin Marietta Materials P.O. Box 30013 Raleigh, NO 27622-0013 Telephone: (919) 781-4550 October 21, 2013 Ms. Judy Wehner Assistant State Mining Specialist State of North Carolina Department of Environment and Natural Resources 512 N. Salisbury St., 5`h Floor Raleigh, NC 27604 Re: North American Emerald Mines, Inc. Dear Ms. Wehner: OCT 2 2 7013 LAND QUALITY SECTION The enclosed bond is required to be posted by Martin Marietta Materials, Inc. as part of the agreement it has entered into with North American Emerald Mines, Inc. Bond No. 016053185 replaces Bond No. SUR0005300, which Bluegrass Materials Company, LLC presently has in effect. Please call me at 919.510.4746 or e-mail me at rebecca.gomez@martinmarietta.com if you should have any questions regarding this bond. Respectfully, Rebeca L. Gomez Porras Insurance Administrator Enclosure c: Brian North, Martin Marietta Materials, Inc. ((via e-mail w/o enclosure) Wehner, Judy From: Rebecca Gomez<Rebecca.Gomez@martinmarietta.com> Sent: Monday, October 21, 2013 4:44 PM To: Wehner, Judy Cc: Brian North Subject: RE: Martin Marietta - Bond for NAEM Ms. Wehner, The original bond has been mailed to your attention at the street address below. It will arrive at your office tomorrow by 3:00 p.m. Thank you, Rebeca From: Wehner, Judy[mailto:judy.wehner(&ncdenr.aov] Sent: Monday, October 21, 2013 3:18 PM To: Rebecca Gomez Cc: Brian North Subject: RE: Martin Marietta - Bond for NAEM Street Address: 51" Floor 512 N. Salisbury St. Raleigh, NC 27604 Mail Address: 1612 Mail Service Center Raleigh, NC 27699-1612 From: Rebecca Gomez rmailto:Rebecca.GomezCcZmartinmarietta.com] Sent: Monday, October 21, 2013 3:05 PM To: Wehner, Judy Cc: Brian North Subject: Martin Marietta - Bond for NAEM Dear Ms. Wehner, Attached please find a copy of the bond Martin Marietta has executed on behalf of North American Emerald, Inc. Please provide me with the street address to where I can mail the original to you via FedEx, for delivery tomorrow. Thank you, Rebeca G6mez P. Treasury Department Direct line: 919.510.4746 Fax: 919.788.4372 rebeeca.gomez@martinmarietta.com Martin MaHntla Mntnrlale A A P.O. Box 30013 Raleigh, NC 27622-0013 The information in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail or call the sender at the above number. Please also delete any remaining electronic forms of the message on your computer and destroy any printed copies of the message. Thank you. Wehner, Judy From: Rebecca Gomez <Rebecca.Gomez@martinmarietta.com> Sent: Monday, October 21, 2013 3:05 PM To: Wehner, Judy Cc: Brian North Subject: Martin Marietta - Bond for NAEM Attachments: Bond 016053185.pdf Dear Ms. Wehner, Attached please find a copy of the bond Martin Marietta has executed on behalf of North American Emerald, Inc. Please provide me with the street address to where I can mail the original to you via FeclEx, for delivery tomorrow. Thank you, Rebeca G6mez P. Treasury Department Direct line: 919.510.4746 Fax: 919.788.4372 rebecca.gomez@martinmarietta. com Martin Modena M.Pe6.1. A n �•V' P.O. Box 30013 Raleigh, NC 27622-0013 The information in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you think that you have received this a -mail message in error, please e-mail or call the sender at the above number. Please also delete any remaining electronic forms of the message on your computer and destroy any printed copies of the message. Thank you. Bond No. 016063185 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 North American Emerald Mines Inc. 531 Duncan Lane Hiddenite North Carolina 28636 a_ Corporation and having its principal office at 531 Duncan Lane Hiddenite in the State of North Carolina as principal, and Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts and dulyauthorized bythe Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at _ sle On �e"Ime�pof1B in he City of Charlotte North Carolina, as surety, are held and firmly bound Elghly-three Thousand aghl ip unto the State of North Carolina in the sum sm wo00dredorareaneza ecOr Bond No. 01605318 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 L day of October 2013. THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said North American Emerald Mines Inc. 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 15th day of March 2000 , from the Department of Environment and Natural Resources. Rev. Dec 2006 Bond No. 016053185 NOW THEREFORE, if the said North American Emerald Mines, Inc. shall complywith the requirements set forth in "The Mining Act of 1971" (G.S. 74-46 through 74-68) and with the rules and regulations adopted pursuantthereto 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: //��.U/Di�o(/%U% North American Emerald Mines, Inc. S retary or Principal Assistant Secretary �( , ( Attach ) By \.Un ' ( Corporate Seal ) esident, Vice President, ( here of Corporation ) Partners, or Owner Liberty Mutual Insurance Company Surety Countersigned at Durham, North Carolina North Carolina By: I ' Resident Agent of NC Agent and Attorney in Fact Heather Burroughs Phoebe C Honeycutt "PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 Rev. Dec 2006 Page 2 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT. IS PRINTED ON RED BACKGROUND. This PowerofAttorney limits the acts of those named herein, and they have no authority to bind the Company except Id the manner and to the extent herein staled. - - Certificate No. 6062790 American Fire and Casualty Company Liberty Mutual Insurance Company - - The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerimn Fire.& Casualty Company and The Ohio: Casualty Insurance Company are corporations duly organized under the laws of the State of New Hamp_shire, that Liberty Mutual Insurance Company is a corporation duly drganized under thelaws of the State.of Massachusetts, and West American Insurance Company Is a corporation duly orgganized under the laws of the State of ilicana (herein colleclmelV,cared the "Companies°°);.pursuant to and: by aulhmlly herein set forth, does hereby name, constitute and appoint,: BobbL.D. Pendleton; Camille Smlth;,Christopher Lydick, HHeather Burroughs; Kenneth J. Peeples; Kifara A. Smith; Nell Biller; Phoebe C. - Honeycutt .. - _ .. .. 5 all of the city,of. Durham , state of NC. each Indn idualiy If there be more than one named; Its tiueand lawful attorney -in -fact to make, execute, seal, acknowledge and dellver;:for and on its behalf as surety.and as Its act and deed any and allunderlakings, bonds recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary oflhe Companies in their own proper persons. - IN WITNESS WHEREOF, this Power ofAttomey has been: subscribed by an authorized officer or official of:the-Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of April ,2013— No on tv lmsr, ,,rasa„ NtNsuq American Fire and Casually Company a"pMo .. o"o o*�opYo,u,�Tvy tad. MON, oronmQ�o�ors'o�rP, _ The Ohio Casualty Insurance Company Liberty,MutualInsuranceCompany - 1906: o 0 1919 n 1972 1991 n r ° � (V West American Insurance Company us, aro o t� ro x e 7J C.� Gregory, .Davenport, Assistant Secretary STATE OF WASHINGTON ss - E COUNTYOFKING - .. m aaj On this 3rd_ day of APif ,.2013 before me -personally appeared Gregory. W. Davenport, who acknowledged himself to be the Assistant Secretary of American .Q.-ai Flm and CasuaCasuall, Company, liberty Mutual Insurance Company, The Ohio Casualty. Company, and West American Insurance Company, and that he, as such, being authorized so to Bo, �!2� execute theforegoing Instrument for the purposes therein contalried by signing on behalf of thercorporatlons by himself as a duly authorized officer. A. :IN WITNESS WHEREOF, I have hereunto subscnbedmy name and affixed my notarial seal at Seakle Washington, on the day and year first above written. o°MM t,r -1✓LJ zit 1.� B9 0 •`' - - _ PUGLIc `= KD Riley, Noi Public N;:O: _ `. ... Was This PowerofAttorne Is made and executed pursuantlo and author) ofthe following B IawsandAuthorizatlonsofAmedoan Fire and Casual Company,The Ohio Casual Insurance e m Y P Y ty., g Y• _ ... - Casualty _ _ Casualty Company;.Litierly Mutual Insurance Company, and West American Insurance. Company which resolutions are nowin full force add effect reading as follows: .ar _ - friy. to-` ARTICLEIV-OFFICERS-Sectlon12. PowerofAttorney.AnYoffcerorotherofsclaloftheCorporahonauthonzedfor thalpurposelnwriting bythe Chairman orthe President. and subject y°st`v to such llml(ation as the Chairman or the President may.prescribe, shall appoint -such attomeys-in fact, ea may be necessary to act In behalf of the Corporation to make, execute, seal;. _ _ o;$ ackndwledge'and deliver as suretyany and' altuidedakings,bohds morogm2ances and othersiirelypbllpadons.: Suchathamays-In-fact, subfectto the llmitatlone setfodh in lheirrespective E powers Of attorney, shall have full power to bind the Corporation by their signature -and execution of any such.lnshumenls and to attach hereto the seal of the Corporation. When so 'executed; such instmmants shell be as binding as if signed bythe President and attested to by theSecretary.Any power or authority granted to any representative or attorney -in -fact under 190E cullon of Contmcls-SECTION5 Surety Bondsand.Undeirlekings Any officer of the Company authorized for that purpose In wiling by the chairman or the president, limitations as the chairman or the president may prescribe,shall appoint such aftorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute �M find -di liver as surety any -and all undertakings bonds, recpghizances andother surety obligations Such attorneys -In -fact subject to the limitations set forth In their c 00 f allDrney, shall have full power to bind the Company bytheir eg'nature and:execuron of anysuch mstru.ments andtoaliach thereto the seal ofthe Company. When so 06 rmentss_hall be as bindingas If signed by the president and shasted by the secretary.. - -- -- c gnatlon - The Preslden[ of the Company, achng pursuant to the Bylaweo - Company, authorizes GregoryW. Devenpod, Assistant Secretary to appoint such - may be necessar cl-,on of the Company tomake, execute, seal,.acknowledge add deliver as surety any and all undertakings, bonds, recoghizances and unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the appearing upon a candied copy of anypower of attorney Issued by the Company in connection with` surety bonds, shall be valid and binding upon the Company with effect as though manually affixed. 1e undersigned Assistant -Secretary of American Fire and Casualty, Company; The Ohio Casualty Insurance: Company, Liberty Mutual Insurance Company, and West Company do hereby carry that the original power of attorney bfwhmh the foregoing is a full, true and co ectcopy ofthe Power ofAfturney executed by said Companies, fact and has not been revoked. : - --,� ,,- IEREOF, I have hereunto set my hand and affixed the seals of said Companies this —LB —day ofo`-'r )ber , 2B P�� MUq✓ym �Tti �� Mort.,Aq'ro n P SNWo aR�,r� _ __ - p r919 n 1n12 n° - 91 c s BY: -David M. Carey, Assistant Secretary o� 3 tk', dn4nS NpD ) C JS 1 � MWnNN y rY { s LMS 12843 092012 404 of 1000 - Wehner, Judy From: Wehner, Judy Sent: Thursday, October 17, 2013 10:12 AM To: 'Brian North' Subject: RE: North American Emerald Bond No. The revocation is specified in the mining act. The surety would have to rescind the cancellation notice. From: Brian North[mailto:brian.north@martinmarietta.com] Sent: Thursday, October 17, 2013 10:08 AM To: Wenner, Judy Subject: North American Emerald Bond Judy I expect that the surety bond will be ready to submit to you on Monday, Oct. 21't. However, if we do not have it ready, is there a possibility that I can have NAEM contact you to postpone their request for the cancelation of the existing bond? Thanks. Brian K. North, PE Division Environmental Manager Martin Marietta Materials, Inc. (336) 389-6616 (Office) (980) 721-1212 (Mobile) 1 Wehner, Judy From: Brian North <brian.north@martinmarietta.com> Sent: Wednesday, October 16, 2013 8:52 AM To: Wehner, Judy Cc: Steve Bruce Subject: FW: Martin Marietta Bond for NAEM Attachments: NC Surety Bond Form 20061221.pdf Judy, We are close to getting the bond finalized for North American Emerald. I have instructed Rebecca to send you the executed original once she receives it. Thanks. Brian K. North, PE Division Environmental Manager Martin Marietta Materials, Inc. (336) 389-6616 (Office) (980) 721-1212 (Mobile) From: Rebecca Gomez Sent: Tuesday, October 15, 2013 2:12 PM To: Brian North Subject: FW: Martin Marietta Bond for NAEM Brian, To update you on the status of the NAEM bond, the bond was signed yesterday and mailed to our surety broker. Hopefully, they will receive it today to finalize it. Please advise if the original bond should be mailed to you or directly to Judy Wehner. FYI — I will be out of the office this Thursday and Friday. Thank you, Rebeca From: Rebecca Gomez Sent: Monday, October 07, 2013 4:17 PM To: dhatcherCabellsouth.net Subject: FW: Martin Marietta Bond for NAEM Ms. Hatcher, I meant to tell you that if you want to provide me with the names of the people who will be signing for NAEM, I can go ahead and fill in those names and then forward the form to you for the signatures. Your immediate attention to this matter is appreciated, as this bond needs to be filed with the State of NC in the upcoming weeks. Thank you, Rebeca From: Rebecca Gomez Sent: Monday, October 07, 2013 4:13 PM To: 'dhatcher@bellsouth.net' Subject: Martin Marietta Bond for NAEM Dear Ms. Hatcher, Attached please find the reclamation bond Martin Marietta will file for NAEM with the State of North Carolina, Department of Environment and Natural Resources. Please have your Secretary or Asst. Secretary, and the proper designated Company Officer sign in the indicated spaces. Also, please have the forms sealed with your Corporate Seal and return them to the following address for completion: Phoebe Honeycutt BB& T Construction Risk Services 4309 Emperor Blvd., Ste. 300 Durham, NC 27703 m a i l c o d e: 120-80-01-15 Once our broker executes the bond, I will e-mail you a copy for your records. Please contact me if you should have any questions. Thank you, Rebeca Gomez P. Treasury Department Direct line: 919.510.4746 Fax:919.788.4372 rebecca.g.omez@martinmarietta.com Mar1ln M+eiMsa Mat a,i6M A A AVA P.O. Box 30013 Raleigh, NC 27622-0013 The information in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail or call the sender at the above number. Please also delete any remaining electronic forms of the message on your computer and destroy any printed copies of the message. Thank you. Wehner, Judy From: Brian North <brian.north@martinmarietta.com> Sent: Monday, October 07, 2013 4:04 PM To: Wehner, Judy Subject: FW: NAEM Bond for Signatures Attachments: NC Surety Bond Form 20061221.pdf Judy, The Reclamation Bond Form has been sent to North American Emerald for their signature and will be processed ASAP. Just wanted to let you know that we are working on it.... Brian K. North, PE Division Environmental Manager Martin Marietta Materials, Inc. (336) 389-6616 (Office) (980) 721-1212 (Mobile) From: Rebecca Gomez Sent: Monday, October 07, 2013 3:30 PM To: Brian North Subject: NAEM Bond for Signatures Brian, Do you have a contact at North American Emerald to whom I can forward the attached bond forms for NAEM's signatures? Once they sign and I receive the forms, I will forward them to our broker to execute the bond. Thank you, Rebeca G6mez P. Treasury Department Direct line: 919.510.4746 Fax: 919.788.4372 rebecca.gomez@martinmarietta.com McAnmod*bM. Wow A y\ AA P.O. Box 30013 Raleigh, NC 27622-0013 The information in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail or call the sender at the above number. Please also delete any remaining electronic forms of the message on your computer and destroy any printed copies of the message. Thank you. AIWIWw ■ Complete Items 1, 2, and 3. Also complete 41f Restricted Delivery Is desired, ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Tracy E. Davis Director MS RACHEL GRAY ESQ ARGO SURETY PO BOX 469011 SAN ANTONIO TEXAS 78246 CERTIFIED N RETURN REc 2. M111 Number PS Form February 2004 7008 1300 0000 1126 5119 Mr, Jamie K. Hill, Jr. North American Emerald Mine Inc. 531 Duncan Lane Hiddenite, North Carolina 28636-9233 7008 1300 0000 1126 6155 Bluegrass Materials Company LLC 1711 Destiny Lane, Suite 104 Bowling Green, Kentucky 42104 RE: North American Emerald Mine Permit No. 02-06 Alexander County Yadkin River Basin 8.' Recelved by (Printed Nerve) D. Is dWffl If YES, C. Date of Delivery I 3 C7 i 1? ❑ Yes 0 No for 4ry i I 3. Service Type ❑ certified Mail ❑ ptpreys Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ c.an 4. Restdoted Delivery? (Etea Fee --� ) ❑Yes 7008 1300 0000 112L L162 DomesU, cRtm Receipt 102596-0p.m-1590 Ms. Rachel Gray, Esq. Argo Surety PO Box 469011 San Antonio, Texas 78246 Dear Mr. Hill, Ms. Gray and Bluegrass Materials: This office has received notification of Argo Surety's intent to cancel North American Emerald Mine, Inc.'s (former principal Bluegrass Materials Company, Inc.'s) $83,800.00 mine reclamation bond (Surety Bond No. SUR0005300). The effective date of the bond cancellation is November 22, 2013. Please note that if the bond is not reinstated or replaced by October 23. 2013, the mining permit(s) will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: h!tp://Portal.flcdenr.org/web/lrl An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper r Wehner, Judy From: Wehner, Judy Sent: Tuesday, September 24, 2013 3:02 PM To: Khan, Zahid; Kormanik, Ryan Cc: Eplin, Tamera Subject: Bond cancellation for NAEM INC Attachments: 02-06 cancellation notice 2013.pdf Please see the cancellation notice. Please inspect the site and list on the inspection report all of the reclamation that needs to be done in case we need to take the bond. You have 5 working days to do so. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919)707-9220 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i ldg#f ARGO SURETY Member Argo Group ECE7-ED SEP 2 4 2913 Date: September 18, 2013 LAND QUALITY SECTION Attn: Department of Environment and Natural Resources Obligee Name: State of North Carolina Address: 1612 Mail Service Center City, State, Zip: Raleigh, NC 27699 CANCELLATION NOTICE RE: Principal Name: Bluegrass Materials Company, LLC Principal Address: 1711 Destiny Lane, Suite 104 City, State, Zip: Bowling Green, KY 42104 Bond No: SUR0005300 Type of Bond: Reclamation You are hereby notified that this Company elects to cancel the above captioned bond required by State of North Carolina. This cancellation is to take effect on November 22, 2013 , in accordance with the terms of said Bond. Argonaut Insurance Com an By:_ — Rachel Gray, Attorney-In-Fac Certified Mail Receipt # 7011 1570 0000 0410 1310 . Please forward receipt acknowledgement to our office. Thank you, cc: Bluegrass Materials Company, LLC 1711 Destiny Lane, Suite 104 Bowling Green, KY 42104 Wells Fargo Insurance Services, Inc. Argo Surety, P.O. Box 469011, San Antonio, TX 78246 101" it layli? Argonaut Insurance Company AS-0058892 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL.60606 United States Postal Service: P.O.-Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Sarah Heineman_ Sarah W. Stanfield Kathleen M. Meeks Rachel Gray. Stephanie Gunderson, Ryan J. Varela, Wesley Ras;ka. Nemesis Anderson, Jessica Mann Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of. $35.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day of July, 2013. ?l Argonaut Insurance Company 01 R� -- by: r Joshua C. Betz, Senior Vice President STATE OF TEXAS COUNTY OF HARRIS SS: On this 18th day of July, 2013 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seat and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Hams, the day and year first above written. ,p RATHLEEN M MEEKS e NOTARY PUBLIC STATE OF TEXAS �"eof MY COMM. EXP. 07-15-P017 (Notary Public) 1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the Al day of Sarah HeinemanVP-Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH BLUE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.