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Home My WebLink About20110720 Ver 2_Bond Rider and Continuation Cert_20160104LETTER OF TRANSMITTAL FROM: Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-829-9909 — PH 919-829-9913 — FAX TO: NC DENR-NCDWR 1601 Mail Service Center Raleigh, NC 27699 ATTN: Katie Merritt DATE: January 4, 2016 JAN 0 4 2,ff r5 1� RE: Cedar Grove Mitigation Site Monitoring & Maintenance Bond Riders (2) We are sending via: El Overnight [:] Regular Mail [] Pick -Up . Hand Delivered The following items: ❑ Correspondence El Plans El Specifications ■ Other as listed below: COPIES DATE NO. DESCRIPTION 1 Cedar Grove performance bond #RLB0016052 Continuation Certification 1 Cedar Grove performance bond #RLB0016052 Rider 1 1 Cedar Grove performance bond #RLB0016052 Rider 2 1 Cedar Grove MY1 credit release request These are transmitted as checked below: ■ For Approval 0 As Requested Approved as Submitted Returned for Corrections For Your Use ❑ For Review and Comment Approved as Noted F-1 For Your Signature REMARKS: Included you will find correspondence requesting the credit release associated with Monitoring Year 1 as well as a Continuation Certification and 2 associated bond riders for performance bond # RLB0016052 for your files. Thank you, Nichole Howell COPY TO: 1 i �� , SIGNED• q �/ fires January 4, 2016 10055 Red Run Blvd. Suite 130 Katie Merritt Owing 221117s Mills, MD Nutrient Offset & Buffer Banking Coordinator 401 & Buffer Permitting Unit 412 N. 4th St. Suite 300 North Carolina Department of Environmental Quality Baton Rouge, LA 70802 Re: Cedar Grove Monitoring and Maintenance Bond 100 Calhoun St. Suite 320 Charleston, SC 29401 On December 21, 2015 EBX, an entity of RES, received approval of the Year 1 Monitoring Report for the Cedar Grove Buffer & Nutrient Offset Mitigation Bank. 5020 Montrose Blvd. Suite 650 Additionally, on December 18, 2015, RES requested a financial assurance reduction to Houston, Tx performance bond #RLB0016052 in association with successful monitoring results on 77006 the site, and this request was approved. 1200 Camellia Blvd. Suite 220 The original performance bond was set to annually renew on or before June 9, 2015. Lafayette, LA 70508 However, we have requested from the surety to adjust the expiration date to and with annual monitoring. Please find attached a bond rider that changes the correspond gsite 137 �/2 East Main St. 210 expiration date of the bond from 6/9/16 to 12/31/15, so that the bond will renew Oak Hill, WV annually at the 12/31 date now and going forward. Also, a second rider is included that 25901 decreases the bond amount effective 01/01/2016 to $80,000 and there is also a 33 Terminal Way continuation certificate issued for the 2016 term showing that the bond is still in effect. suite 431 Pittsburgh, PA 15219 With submittal of this revised bond we would like to request the credit release associated with Monitoring Year 1 for the Cedar Grove site. Please let me know if you 302 Jefferson St. have any questions. Suite 110 Raleigh, NC 27605 Thank you, 1521 W. Main 1 2n1 Floor Richmond, VA 23220 Cara Conder Resource Environmental Solutions Rider No. 2 Attaching to and forming part of Performance Bond No. RLB0016052 executed June 9, 2015 on behalf of Environmental Banc & Exchange, LLC as Principal, in favor of the North Carolina Department of Environment and Natural Resources — Division of Water Resources as Obligee, issued by RLI Insurance Company as Surety, in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00). It is understood and agreed that effective January 1, 2016, the amount of the bond is decreased by Twenty Thousand and No/100 Dollars ($20,000.00). Total penalty value of the bond is amended to read Eighty Thousand Hundred and No/100 Dollars ($80,000.00). All other conditions and terms to remain as originally written. Signed, sealed and dated this 21st day of December, 2015. Environmental Banc & Exchange, LLC Principal (Print Name/Title) RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston, TX 77046 Surety By: E. Patrick Hennesy III Attorney -in -Fact RL16 RLI Surety A division of RLI Insurance Company Know All Men by These Presents: RLB0016052 POWER OF ATTORNEY RLI Insurance Company That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: E. PATRICK HENNESY III in the City of HOUSTON , State of TEXAS , as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: $80,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company_ The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers -of -Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this ATTEST: /l 1 CORPORATE SECRETARY State of Illinois ) SS County of Peoria ) ' SEAL.' •c-, /4 ` C,,•N O ```` RLI INSURANCE COMPANY PRESIDENT On this 21 day of December 2015 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary PublicCIAL SEAL" jvvvvvvvv TVV VTVVVVVTV"VVVV� i ► N BOCKLER W •� �� • •N EXPIRES 01/14/18 uAu_AA u/ SPA029 (07/14) RIDER NO. 1 Attaching to and forming part of Performance Bond, Bond No. RLB0016052, executed June 9, 2015, on behalf of Environmental Banc & Exchange, LLC as Principal, in favor of North Carolina Department of Environment and Natural Resources – Division of Water Resources as Obligee, in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00). It is understood and agreed that effective December 21, 2015 the expiration date on the bond is amended to read: December 31, 2015 All other conditions and terms to remain as originally written. Signed, sealed and dated this 21st day of December, 2015. Environmental Banc & Exchange, LLC Principal By: l //— RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston, TX 77046 Surety By: E. Patrick Hennesy III, Atto -in-Fact RLI' RLI Surety A division of RLI Insurance Company Know All Men by These Presents: RLB0016052 POWER OF ATTORNEY RLI Insurance Company That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: E. PATRICK HENNESY III in the City of HOUSTON , State of TEXAS , as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: $100,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers -of -Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this ATTEST: CORPORATE SECRETARY State of Illinois ) SS County of Peoria ) CE COQ'' ZyGOPPORq ' SEAL ' 14 `I.N o`5 nmW\ RLI INSURANCE COMPANY r Pr PRESIDENT On this 21 day of December 2015 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary Public"OFFICIAL SEAL" IVVVVVVVTVVVVVVVVVVVVvvvvvvvvvvv 4 ► i ►NOTARY PUBLIC , IACQUILINI M, BOCK111 STATE OF 4 • •• • 3. \uuuuuAuAuAAuAuuAuuA/ SPA029 (07/14) RLI Insurance Company 8 Greenway Plaza I Suite 400 1 Houston, TX 77046-0899 P: 713-961-1300 1 F: 713-961-0285 1 www.rlicorp.com CONTINUATION CERTIFICATE Attaching to and forming part of Performance Bond, Bond No. RLB0016052, executed June 09, 2015 on behalf of Environmental Banc & Exchange, LLC as Principal, in favor of the North Carolina Department of Environment and Natural Resources — Division of Water Resources as Obligee, issued by RLI Insurance Company as Surety, in the amount of Eighty Thousand and No/100 Dollars ($80,000.00). It is understood and agreed that effective: January 01, 2016 The bond is hereby in force to: December 31, 2016 All other conditions and terms to remain as originally written or previously amended by rider. Signed and sealed and dated this 21st day of December 2015. Environmental Banc & Exchange LLC Principal By: 'Z' To yce , GFO (Print Name/Title) RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston, Texas 77046 Surety Bv. Cj /�- E. Patrick Hennesy III, ttorney-in-Fact DIFFERENT WORKS RLI Surety A division of RLI Insurance Company Know All Men by These Presents: RLB0016052 POWER OF ATTORNEY RLI Insurance Company That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: E. PATRICK HENNESY III in the City of HOUSTON , State of TEXAS , as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers -of -Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this ATTEST: CORPORATE SECRETARY State of Illinois ) SS County of Peoria ) RLI INSURANCE COMPANY A PRESIDENT On this 1St day of January 2016 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson, who being by me duly swom, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary Public ► �♦ � 61ii • NOTARY 4i iSTATE OF • • • UELINE M. •• i \AuuAAAuAuuAAAuAuAuuAu/ SPA029 (07/14)