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HomeMy WebLinkAbout20220125_BondPO Box 29682 804.784.6300 800.898.LUCK Richmond VA23242-0682 804.784.6390Fax www.luckstone.com LUCKUSTONE. IGNITING HUMAN POTENTIAL Mr. Adam Parr NCDEQ Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Reclamation Bond — Luck Stone Dear Mr. Parr, Please find the enclosed documents related to the reclamation bond requested to complete the transfer of mining permits 79-07 and 86-01 from Ararat Rock Products to Luck Stone. An amendment to our original/existing $647,500 bond (018-224408) increases this bond value to $1,000,000 as required for the three sites Luck Stone operates in North Carolina. Upon the receipt and processing of this amendment please have the existing letters of credit held by Ararat Rock Products returned to the appropriate institutions. Please let us know if you need any additional information. Sincerely e " r nan thing Enginee RECEIVED JAN 2 5 1022 LAND QUALITY MINING PROGRAM INCREASE PENALTY RIDER BOND AMOUNT $647,500.00 BOND NO.018-224-408 To be attached and form a part of Bond No. 018-224-408 dated the 24th Day of July, 2021, executed by Liberty Mutual Insurance Company as surety, on behalf of Luck Stone Corporation as current principal of record, and in favor of State of North Carolina, as Obligee for Land Quality Section Reclamation Bond, and in the amount of Six Hundred Forty Seven Thousand Five Hundred Dollars and 00/100 ($647,500.00). In consideration of the agreed premium charged for this bond, it is understood and agreed that Liberty Mutual Insurance Company hereby consents that effective from the 7th Day ofJanuary, 2022, said bond shall be amended as follows: THE BOND PENALTY SHALL BE INCREASED: FROM: Six Hundred Forty Seven Thousand Five Hundred Dollars and 00, TO: One Million Dollars and 00/100 ($1,000,000.00) The INCREASE of said bond penalty shall be effective as of the 7th Day of January, 2022, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this loth Day of January, 2022 BY Luck Stone Corporation � PRINCIPAL Mutual Insurance SURETY Windy Lovelady, ArORNEY-IN-FACT THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY: State of North Carolina OBLIGEE BY TITLE Ix 4 y .Ct:rt:sirc This Power of Attorney limits the acts of those named herein, and they have no authority to W�Lib bind the Company except in the manner and to the extent herein stated. ert_�y77Liberty Mutual Insurance Company u-t a The Ohio Casualty Insurance Company Certificate No: 8206326-018059 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the'Companl pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brittany B. hbv: Robert M. Coon: Windv Loveladv all of the city of Raleigh state of INC each individually if there be more than one named, its We and lawful attomey-in-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of September , 2021 . Liberty Mutual Insurance Company c)(00 INSh1N5UhqThe Ohio Casualty Insurance Company POwJO�yn 3°o°POWr�%�mWest American Insurance Company 919 �s 1991 �gMP4�P,aDaO6Yt,��N01RNPaaD;B: ��� f,P M 1, Y David M. Comm. A.ceieMnl Srxrefary as this 21st day of September , 2021 before me personalty appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance npany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes rein contained by signing on behalf of the corporations by himself as a duly authorized officer. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. SP PAST Q� Vpxw PC CommmWreeAh of Peru, Notare-blic Seal tiM Y'.y 9 Terese rtgome. Coup Public n OF Montgomery County /, My commission expires Memh 28, 2025 By: CommisyWrnumber1126M6 Member, Fennsyiwna nasor of of Nmenea Teresa PBatBla, Notary PI1bIIC This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance o Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a ARTICLE N— OFFICERS: Section 12. Power of Attorney. a Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President •o may prescribe, shall appoint such attorneys-in•facl, as may be necessary to actin behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all m undertakings, bonds, recognizances and other surety obligations. Such affomeys-in-fad, subject to the limitations set forth in their respective powers of attorney, shall have full a power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall a° be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or a8omey-in-fad under the provisions of this LL article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such pourer or authority. o 0 ARTICLE %III— Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such a0omeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization— By unanimous consent of the Cumpanys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and a act as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Comppny do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full ", ppd�e0ect and has not been revoked. ,���� _ � IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day(�,V - JP o PoU�Z JP�°aroNSUR9 Pva ar°ON'gy U]f-- —I�� 7M ; a �' r iy ` .� c Rrr n 0 ° r4r Z 4 0o Wr c 7M r s 1912 c o 1919 f 1991 0 �,', �tli.dGjr� 9 '• i�'r p a * RW a By: /� L `y 89�� .• a d`Je °gCNUs adD O� xnmse L Yy, rNeiANP da Renee C. Llewellyn, Assistant Secretary -'' 4 LMS-12e73 LMIC CCIC WAIC MuM Co 02121 PO Box 29682 804.784.6300 800.898.LUCK Richmond VA 23242-0682 804.784.6390 Fax www. luckstone.com LUCKUSTONE. IGNITING HUMAN POTENTIAL Mr. Adam Parr NCDEQ Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Reclamation Bond — Luck Stone Dear Mr. Parr, Please find the enclosed documents related to the transfer of mining permits 79-07 and 86-01 from Ararat Rock Products to Luck Stone. A single $1,000,000 Bond has been secured for the three operational site Luck Stone operates in North Carolina, as such upon the receipt and processing of this bond please have the current bond being held for the Sanford Quarry #53-26, and the existing letters of credit held by Ararat Rock Products returned to the appropriate institutions. Please let us know if you need any additional information.