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.