NCD980602163_20031023_Warren County PCB Landfill_SERB C_Paul Kearney correspondence, 2001 - 2003-OCR

Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To: Gary Duke
Fax: [phone]
Phone: [phone]
Re: Letter to Paul
□ Urgent □ For Review
• Comments:
From: Pat Backus
Pages: 5
Date: October 23, 2003
CC:
□ Please Comment □ Please Reply □ Please Recycle
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
A;iA
NCDENR
Fax
To: Paul Kearney From: Pat Backus
Fax: [phone] Pages: 4-
Phone: Date: October 21 , 2003
Re: Drill Cuttings from Monitoring Well CC:
Installation
□ Urgent □ For Review □ Please Comment □ Please Reply □ Please Recycle
• Comments:
Here is the copy of the information you requested.
~~
~ 4--0 ~ ~ ~ ~
~ ~ ~ ~ a--
North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Interim Director
September 13, 2001
Mr. Paul Kearney
Kearneco Grading
Route 2, Box 14
Warrenton, NC 27589
Dear Mr. Kearney:
~~,;~ ~·· _.,.
,n--,,,;,, ___ _
MCDEMR
The letter is to confirm that the drums located outside the Warren County PCB Landfill
fence on the east side of the state's property do not contain toxic materials.
Additional monitoring wells were installed in 1997 on the state and county property
outside of the landfill. The purpose of these wells was to improve groundwater
monitoring. Since the new wells were located outside of the landfill, the soil from the
drilling was not contaminated. As a precaution, however, the soils from the wells closest
to the landfill fence were analyzed for PCBs and pesticides. The results shown in the
attached table confirm that the soil does not contain toxic materials.
I hope this answers your questions concerning the contents of these drums. If you have
additional questions, please contact me at 919-733-4996 ext 308.
Sincerely,
Patricia M. Backus, PE
PCB Landfill Project Manager
cc: Mike Kelly, NCDENR
Gary Duke, IT Corporation
Bill Gallagher, IT Corporation
Jim Cloonan, Earth Tech
Dennis Jones, Earth Tech
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us
AN EQUAL OPPORTUN1TY \ AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/ 10% POST CONSUMER PAPER
TABLE 4U •RESULTS OF PCBa AND PESTICIDES TESTING.
..ce ..... c: --·--2.f-•r -,_ ----runt
""' ~ ~
.. E ..... IC)o:xn '~l'.IIT..J -~= .,_~, -· ""·""' ..... Tis-:e, -I -I -000, ,og~,. '""· -1 ~ 1 ~·= Cla:TI 4(J,W1 CJtD1 • ,ogJX):)1 .... .002 40001 40001 C0001 11! , .... "·CIX), CO.IXXJ2 ' <I.~ I 411).CXX,1 4()000, .,,ooo, ..... ,rs...,. I
w ..,.. Cl -40.0CXJ2 I -.• = -~ ~ ""·-.,= .....001 ""m1
I I I
.JO ·-~ ' CJ = ' -,.00CQ -.0001 Cl. 1 Cl. en ........... ..... w, Cl.001 co.oo,
I -= .... -·-e><e ,..., 1 ci10 ce ,._,l 4010 .. s ..., . ~10
.. II ..., . ... 10 ,iq. . ..., ~ co10
NC! •Seo. ' 4010 so ,Seo 1 ""10 I
P,111-1, IICUS <I 10
I co-, , .. c..,. co10
I ·~--·-a., •S-1 ..,10
IRB l"-'$-2 C010 ' £e .~ C010 .. eR -~ • CJ10
' ■R ,---CD10
-k•-av-to~
lMSS •OSW-3 ~,o CD2) -~ ..,,a ...,,u CJIO .,,a C20 .,.o CD10 4010
LESS ,osw.2 ' co,0 CO2) 4()2) co,o 4010 4010 Cl10 C2.0 C1,g 4010 co,0
"ESS ,osw .. I co10 -~ -~ CJ 10 '""lu C>IO CJ 10 ~ .. C1.u -.i,10 <110
I . .,,... ... , ·-I
RSB ,gw.1 I ~-.....1
K8 ;..,,..,5 400001 ,
1MB 1IJTUS I CO 0001 ,se ... cos I 400001
.P!--1"CUS ' coooo,
c•-IRC:US , CO 0001 ·
' I
DJ• ,sw-2 I C0.0001 I
w.t1--1o11, ,_ I I
P"'E ,~G CJ10 .... ,..,...,. c0,o _, Cl co, "'20 C1o ...,1 c()I .,,, .. IMW-11 cOIO I c0.2 Cl C0I Cll C20 CI.C, cOI cO, col ... lolW-1 c0 10 co:; co ..,1 <II C2.0 c1.u co, COi c0,
0"' , .. w.,2 C010 co:; co ...,, CJI 420 C1.u c01 co, c0, .... ,.,...,.~ co,o cc:; co <II co, q0 C1.0 co, co, co,
T"' OSW-3 :C.--B<i
L( OSW-2 ·--•c; ' NE osw .. .o-ec;
I
' : I
1.M!CfftllloLll ··-I I JABl · ·--.. ,
J.,ee· INor\t'I~ ' 11:J) J-.er>· INCl"'!-t~ ' 107 I
NIA~ ''°"'-"'8cn~ I -.e Nl#J!' ,&o.D,-)967
N\AP" ·-~ : 1!0~ I o ... SEEP C010 ' "":,0 4()2) <110 4010 co,o co,0 c;, u C1.u ~,0 <I 10 s.e. p..., • co 10 -.e p..., l c010
LB• F""" 1 C010
PJ:, 15o.., F•o· co,o C0.20 Cl>IO CCi.U c-1.u CDI co,
I
..:>D ;~F-.,,o CO2) C01u "'20 C1.Q ...,, 401
I l Llinclftl.lL.Udwlt ·-I
QAII• ,ncwattniltl '1006 <I IT7 I C]cc:c:a -000, CO.Cltl2 CDa:TI co.oo, CCW1 EZlol -' COOOOI CC= I co 000, C0.002 cooo, <1001
I I NOV --' 0 CIX)I; . co= 'CD --· 40.002 Cl.001 I CJ 001 I C0.001 I
I I o,.,,......, ,_ I ee , ... w., ' c0 ax,, cC . cc ' ..,ooo, coooo, cO 000, <1.ooor .... «0-002 •<HXII ' cl)[DI CJ001 JOH 11ri1n·.1A ' cc oo:;, ¢1XX12 CO CIXl2 ' CC 0001 cco::x,, t C) 0001 c0 0001 C0002 cooo, C0001 I c0001 . .. ,.. • ......... 2 ' "° 000\ ' "° = cO = . "° 000, ' "° 000, ' "° 0001 C) 0001 C0002 C)001 ; C)001 L -000\ I R•"l! t.-W-3.A(Ol · C00001 I <0= · ¢0002 I c()OOO, CO 000\ C) 0001 C>.0001 c,~, C0.001 l CO 00, COOOI I RB'-8• , .. ..,,3 s C)OOO, 'COCX):;7 • COCIXl2 C) 000, I C) 000, C)OOO, c,ooo, <1002 C0001 I C)001 I COOOI I qpF' ..... ,.,.,.. .. ' cO ooo, CC = • CC 00:;2 , CO 000, I CO 000, , CO 0001 <10001 C0002 C)001 -0001 -0001 I JOW ... ~ ...... . -00001 co= C00002 CIOOOI C)0001 C00001 ' <10001 co CXl2 Cl.001 , C0.001 cOOOI CEH ,Mt<-~ . CO 0001 , -0 0002 c00002 , C00001 I c()OOO, C) 0001 COOOOI -0002 -0001 C),001 c0.001 PSG 11,fN.$0 , cO 0001 , cO CX:C2 coco::; CO 0001 I ¢ fX:C1 -00001 <10001 C)002 C0001 "° oo, -0001 J()K :l,fN-«5 COOOOI -o=' -OCXX:2 co 000, ' co 000, i cO 000, ' coooo, C)002 cooo, COOOI -0001 ' Mtil.h" 1MW-15 1 C)OOO-, CO = · -0 CIXl2 ' CO 0001 I C) 0001 l co 000,. ' co.ooo, I c0002 C)OOI ' cooo, -0001 I Bl •..-W-10 • C0 0001 • CD 0002 , -0.CIXJ'2 C) 0001 I CD 000, , c0 000, I c00001 I C0.002 C)QOI I C)OOI l -0001 I cc ........ ~ I C0 0001 · CO.ox:; • C0 0002 <).0:)01 I c().0001 I c00001 ; <10001 I C)002 -0001 cooo, , C0001 ..:l.JIJD._ :MW.S . cO 00::1 . CO 0002 "° co::; ' C) cx:c, ' co 000, CO 000, I C00001 I Cl.002 cOOO\ I COOOI I C0001 R::>RJ 'Vl'i-10S . cOCX:CI . ct01X7 CO 0002 · C0 CIX)I co 00::1 ' c0 000, I "° ooo, I c0002 C)001 ' cooo, ' -0001 RA/R , ........ 10::, . ¢ 00::1 COCX:C, co=. coooo, , <10001 , cO 0001 : c00001 I c0002 I -0001 cooo, cOOOI I -.; ......... ,, C) ax,, ' "° = C0 00:;2 · C0 CIX'1 I CC 00::1 , CC 000, I C00001 I -0002 I -0001 ; cOOOI ' -oco, ' ~" , ........ ,2 -ea:x,, . co= ¢0002 CO 000, ' C0 .00::1 I C00001 CO 0001 -0.002 C)OOI I COOOI ' cooo, OR< OSW-2 :Al&!~BG ; "° 00::1 C00002 c001X7 co 000, . co ooo, i c0000, ' CCOOOI I C)002 cooo, -0001 C0001 1 RR.,., osw• •O-•BG ' coooo, co cx:c; ¢ = • c0 D::Xn ' -0 000, I cO 000, CO 0001 cO CXl2 ' c0001 COOOI COOOI ' of.•S OSW-3 .c.-ec. coooo, co= COIXX12 C0.0001 · CO 0001 , COOOOI I "° =• C0002 I -0001 , c0001 COOOI
Source: . PAGE 1 .Er.FA
Barnes, Patrick A, and Joel Hirshhom. "PCB Landfill Site Investigation Report." Joint Warren
County/State PCB Landfill Working Group and the North Carolina Department of Environment, Health,
and Natural Resources. September 1997.
..
r·"' TABLE 4.3 -RESULTS OF PCBs AND PESTICIDES TESTING. PCB o-BHC chlordane dieldrin endrin heptachlor heptachlor toxaphene methoxy-2.4-D 2.4,5-TP hexachloro 1260 (lindane) epoxide chlor benzene-Code Identification ~~II Borlna Salls eem PMB Davis-BG <0.10 HM° · MW-7 <0.10 <0.2 <0.2 <0.1 <2.0 <1.0 <0.1 <0.1 ·--WM MW-11 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 KM MW-1 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <~ DM MW-12 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 MM MW-5 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 TM OSW-3 Davis-BG LE OSW-2 Alston-BG HE OSW-4 O'Neal-BG --•-·-. --... Groundwater ppm BB <0.0002 <0.0001--<0.0001 -<0:002 -<0.001 ·-<0.001 --MW-1 <0.0001 <0.0002 <0.0001 <0.0001 <0.001 JOH MW-1A <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 ALB MW-2 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 RPAB MW-3A(D) <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 . <0.002 <0.001 <0.001 <0.001 RBAB+ Exist. MW-3S <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 Ff PF Exist. MW-4 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 ~ow MW-4A <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 CEH MW-SS <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 -PSG MW-5D <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 JOK MW-6 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 MMM MW-7S <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 BT MW-7D <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 cc MW-8 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 ADJ/JDA MW-9 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 RDRJ MW-10S <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 -RAJR MW-10D <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 · <0.001 <0.001 AJ MW-11 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 ASH MW-12 <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0001 DRtZ-osw-2 Alston-BG <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0001 <0.001 ·---RRAM OSW4 O'Neal-BG <00001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 r-----------· +RPS OSW-3 Davis-BG <0.0001 <0.0002 <0.0002 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001
JOB STATUS REPORT
DATE,TIME FAX NO./NAME DURATION PAGE (S)
RESULT MODE
Patricia M. Backus, PE
BUSY: BUSY/NO RESPONSE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax; 919-715-3605
Fax
To: Paul Kearney
Fax: 262~257 -9411
Phona:
Re: Drill Cuttings from Monitoring Well
Installation
10/21 15: 29 82522579411 00:00:00 00 BUSY STANDARD
TIME NAME FAX# TEL# SER.#
10/21/2003 15:29 DWM 9197153605 9197153605 BRO2J1500875
. . . . ·. ,:
·. . •.... -~ .·· .:
~ .. ·, .. _.:' ....... .
NCDENR
From: Pat Backus
Pages:
Date: October 21, 2003
CC:
□ Urgent 0 For Review □ Please Cornmant O Please Reply □ Please Recycle
• Comments:
Here is the copy of the Information you requested.
North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Interim Director
September 13, 2001
Mr. Paul Kearney
Kearneco Grading
Route 2, Box 14
Warrenton, NC 27589
Dear Mr. Kearney:
A~A -__ .,; n, -_, ___ _
MCDEMR
The letter is to confirm that the drums located outside the Warren County PCB Landfill
fence on the east side of the state's property do not contain toxic materials.
Additional monitoring wells were installed in 1997 on the state and county property
outside of the landfill. The purpose of these wells was to improve groundwater
monitoring. Since the new wells were located outside of the landfill, the soil from the
drilling was not contaminated. As a precaution, however, the soils from the wells closest
to the landfill fence were analyzed for PCBs and pesticides. The results shown in the
attached table confirm that the soil does not contain toxic materials.
I hope this answers your questions concerning the contents of these drums. If you have
additional questions, please contact me at 919-733-4996 ext 308.
Sincerely,
Patricia M. Backus, PE
PCB Landfill Project Manager
cc: Mike Kelly, NCDENR
Gary Duke, IT Corporation
Bill Gallagher, IT Corporation
Jim Cloonan, Earth Tech
Dennis Jones, Earth Tech
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPWYER -50% RECYCLED / 10% POST CONSUMER PAPER
----
TABLE 4.3 -RESULTS OF PCB• ANO PESTICIDES TESTING. ,, =~ ..... ~ _, -- -
T4!1..TI1 -I ,------' ~ ...... ..., -~ -co =
MB -C0.0001 -co. 1 C).CII2 C>.001 --~
JEN T--~-1
, __
C).00,1
KTB -C00001 co. =,c0.~, co. -~~ -~ 1 1 40.002 C0.001 co.m1 =1
n ·-40.00,1 40.0002 ; C0.0002 40.00,1 C0.0001 40.0001 40.0001 "'1.002 co.co, coco, C0001
AN ,...,..,. l
AW ...... co . ~ c!l. m C0.0002 co. 40.~ C).0001 C0.002 40.001 C0.001 -cl>.001
' I
JO ·-I Cll_CICIJ2 I COJJYJ2 c!l. C0.0001 -...-, 40.~= 40.002 C0.001 c!l.001 C0.001
' i=-..__ ·-l!><B lied 1 ---.rl 10
CB '&ed 2 C01D
MS 5ed 3 .n10
Ml! •&ed 4 cuo
AR• '&ed. COIO
NCI! •&ed 6 I CO 10 so •&ed 7 f c01C 1
PJR-1!1 11cuT co.10
I co-11 IRCU$ co1n
I --·-BJ IS-1 c!ltO
AB 1-2 CO 10 ' &B 15',S.J 4010
MBR i"6$-4 40.10
I
ll!R ,~-~-cO 10 ·•ck•_..,_..,_
TMSS •osw.J c!ltO c!l.20 40.20 COID cf>to cOtD cOtD <2.0 C1.0 en tD C0.10
LESS IOSW-2 ' 4010 40.20 40.20 COtD co,o CO.ID COID C2.0 C1.D COIO C010
I
iiESS IOSW-' I co,o c0.20 ..,.,,, cOtD oil.fl! ... fl> .... ,o ~· <1.D .,.,n COiii
' I •v-w .. , ,_
RSB •SW-I ,.ii~ 1
KB a/TO<: C0.00,1 '
1MB 11./TUS C000,1 I
!SB 'DCOS C0.00,1
DA-rRCUS • C00001 I c•-IACUS I C0.00,t •
' OJ• sw:o C0.00,1 I
! I
w.tt ~ lolls ,-I
PMS ;==-G ..,,o
""' 1MW:'f T C010 I co~ C0.2 co., C!D ct.0 COi co,
WM IMW-11 CO tn CO2 c01 """·' <2.n .,.o COi c0, c01
Kio' MW-1 co,o <02 CO2 co, CO.I C2.0 ct.0 C0.1 COi co,
OM 1Mw-1::. co,o CO2 CO2 .,,, CO.I C20 ct.0 COi <01 CO.I
MM :Mw-5 I COID CO2 CO2 co, cOt <2.0 ct.0 COi co, i COi TM OSW-3 1'"'--Br! i
LE osw.2 •-or>-BG I
ME OSW-' ,o-.eG ] ' f ' ' ' I I
~ftlfloill ,--' JABT• ,Nctltl-... ,
JA88' INCW'thD~ I 80.3
JA8i>' 1Net11'1--... I 807 f
NIAT" ;&o.r., Bc,,no f ~.e
NIA8' ·--:,es 7 I
NIAi>" ·---! 1505
OMA SEEP COIO I C0.20 C0.20 co,o CO.ID co,o C)10 C!.0 C1.0 ..,,o CO.ID SLB• Pcrld i COIO
AS Pcrld 2 co,o
LB• Pcrld , C0.10
PJO 161,ndFllr ' co,o C0.20 C>.10 C2.D ct.D ""·' COi
f
ADO iCert,or,Fur co,o C0.20 CO.to "" C1.D CO.I co,
f ' t.""nu~, ,_ f
OAR• 11'10wallft10 0.006 ' C0.0002 c00002 C0.0001 C0.002 """"' C0.001 C0.001 E.ZM ,..-CO 0001 · CO 0002 C0.0001 C0.002 CO.COi C0001 ! j
NOV ·--' 0 000li · CO 0002 ' CO CO. c0.002 C0.001 -m1 I c0.001 I I
GtOUNtwllller ' T ·-BB , ... w., CO 0001 c0 0002 ; co.~ ' C00001 co 000, C00001 CO.DOOi ~ ccrcm -•""1 1 CDr•11 cll.00, ' JOii tMW-1A co 000, CO 0002 · CO 0002 ! CO 0001 C0.0001 co 000, C0.0001 C0002 co.co, C0001 cooo, ' ALB 'MW-2 I C0 0001 • C0 0002 CO 0002 · CO 0001 ' CO 0001 1 C0.0001 C0.0001 C0002 coco, C0001 C0.001 • RPAS MW~l0\ • C0 0001 I c0.0002 • C0 0002 I C0.0001 co0001 • C0.0001 C0.0001 C0002 co.oo, C0.001 C0001 I RBAB• Elliol MW-3S C00001 CO 0002 ' CO 0002 C00001 C0.0001• C00001 C00001 CO.CO2 C0001 C0.001 co.oo, RPF' ~-MW-' ' CO 0001 · CO 0002 • CO 0002 I CO 0001 C00001 CO 000, C0.0001 C0002 C0.001 cooo, C0.001 • JOW •MW-'"-• co000, <00002 C00002 co 000, C00001 C0.0001 I CO 0001 CO.CO2 co.oo, I C0.001 C0.001 CEM ,MW--=« I CO CXX)1 I <0 0Xl2 CO 0002 , CO 000, C0.0001 co 000, co 000, C0.002 cooo, ! C0.001 C0.001 PSG 1MW.SO , CO ooo, , CO 0002 . C0.0002 · CO oo,, C0.0001 C00001 C0.0001 co.m co oo, C0.001 C0.001 JOK ;MW~ . C00001 C0.0002 · CO 0002 C00001 C0.0001 I C00001 I CO 0001 CO.CO2 C0001 C0001 C0001 I MMM 1MW:7S CO 0001 • C0.0002 · CO 0002 • CO 00,1 C00001 C00001 C0.0001 I C0.002 C0001 ' C0.001 C0.001 BT IMW,70 , C0 CI001 • C0 0002 I C0.0002 C0.0001 C00001 ' C00001 C00001 C0002 C0.001 co 00, C0001 f cc ,MW-t CO 0001 · C0.0002 , CO 0002 C0.0001 co.000, C0.0001 co 000, C0.002 C0001 C0001 C0.001 AO.I/JOA :Mw-11 : CO 0001 . CO 0002 CO 0002 ' CO 0001 C0.0001 C0.0001 I C00001 C0.002 C0.001 C0.001 co 00, RORJ ·MW-10$ , CO 000, · CO 0002 · CO 0002 : CO 000, . CO 0001 ; C00001 C0.0001 I C0002 C0.001 co 00, I C0001 RA.JR ,MW,100 . CO 0001 , CO 0002 C0.0002 · c0 000, , CO 0001 : C00001 C00001 C0002 I C0001 : C0.001 ' C0001 '-J •MW,11 · CO 0001 , CO 0002 · CO 0002 · C0.0001 I CO 0001 C00001 I C0.0001 I C0.002 I co00, ! C0001 i C0001 f ASli ,MW,12 CO 0001 ' C0.0002 CO 0002 : CO oo,, ' C0.0001 ' C00001 I C00001 I C0002 C0001 I C0001 C0001 OR~ OSW-2 ,_.,._BG : co000, C00002 C0.0002 · CO 0001 · CO 0001 1 co0001 I C0.0001 I C0002 C0001 co 00, C0.001 RRAMOSW• •o·-•BG 1 cOo::x), CO 0002 • CO 0002 , c0 0001 , CO 0001 I C00001 I C0.0001 ' C0002 I C0001 C0001 <0001 I -RPS OSW-3 ,O,,,.,,..l!G C00001 <00002 C00002 C0.0001 · CO 0001 , C00001 f C0.0001 ; c0.002 f COOOI t c0.001 co 00,
Source: PAGE 1 ..B.F'A
Barnes, Patrick A, and Joel Hirshbom. "PCB Landfill Site Investigation Report." Joint Warren
County/State PCB Landfill Working Group and the North C-arolina Department of Environment, Health,
and Natural Resources. September 1997.
.
Stiaw:The Shaw Group Inc.""
~ c...'-·. ~ ~ \) l'\q.,_-.,)
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd.
Trenton, NJ 08691-1904
Direct Dial: 609-588-6373
FAX: [phone]
919 828-7993 HARD COPY TO FOLLOW VIA REGULAR MAIL
September 6, 2002
Safran Law Offices
P.O. Box 587
Raleigh, NC 27602-0587
Attn: M. Anne Runheim
[phone] phone
[phone] fax
Dear Ms. Runheim,
This is to confirm our telephone and e-mail communications of last week.
As you will recall, my letter of August 12 set a deadline under which "Kearneco/Safran will provide to Shaw for
receipt not later than 5 pm on Friday August 23 either an acceptance of Shaw's offer of April 24 or a counteroffer to
be accompanied by such documentation as Kearneco/Safran chooses to provide in support of that counteroffer. If
nothing is received by that time Shaw will consider the request for disputed funds as withdrawn by Kearneco, in
which case payment of the undisputed July 16 invoice shall constitute full and final payment against this subcontract
and purchase order." In our subsequent telephone conversation you agreed that the August 23 date was reasonable
and indicated that you would submit a counteroffer with supporting documentation by that date.
Early on the morning of August 22 you left a voicemail message stating that you were being called out of town
unexpectedly on business but still intended to respond for receipt by the end of Monday, August 26 .
When nothing was received on August 26 I called you on August 27 to ask the reason. You replied to the effect that
Paul Kearney had provided you with so much documentation that it was impractical to fax it so it had to be mailed. It
was my understanding, apparently faulty, that the package either had already been mailed or would be later that day.
On the morning of August 28 you left a voicemail message to the effect that it would take you at least until Friday,
August 30 to prepare a cover letter that would adequately explain the documentation, which had not yet been sent. I
was en route from the project site in North Carolina that morning and called your office that afternoon as soon as I
arrived in Trenton, NJ and received your message.
Shaw Environmental & Infrastructure, Inc.
You were not in your office when I called, so I left a message that the additional delay was not acceptable, especially
if the quality of the documentation was such that it would take you three days to organize it and draft an adequate
cover letter. Therefore, by refusing to grant a further extension, and having received no written response from
Safran/Kearnco by the August 23 deadline, then in accordance with the terms of my letter of August 12, Shaw
considers the request for disputed funds as withdrawn by Kearneco, in which case payment of the undisputed July 16
invoice shall constitute full and final payment against this subcontract and purchase order. The settlement offer
proposed by Shaw in my letter of April 24, having not been accepted by the August 23 deadline, is also withdrawn .
Kearneco's invoice dated July 16, for $16,112.43, has been entered in Shaw's accounts payable system. In
accordance with the net 60 day payment terms of their purchase order the system has generated an issue date of
September 14 for a check to meet this invoice. As that is a Saturday I anticipate that the check will be cut either
Friday or Monday and in either case should be mailed early in the week of September 16.
On August 29, you sent me an e-mail in which you stated that you would send our attorney a demand for arbitration.
That demand, as weil as any other future correspondence regarding this matter should be sent to:
Shaw Environmental & Infrastructure, Inc.
2790 Mosside Boulevard
Monroeville, PA 15146-2792
Attn: Mr. S. Reed Waters, Jr., Esq.
[phone]
Sincerely,
Shaw Environmental & Infrastructure, Inc.
Gary W. Duke, P.E.
Project Manager
[phone]
cc: S. Reed Waters, Jr., Esq.
Dukefile c:\nclf\purchasing\akeameco _ltr9.doc
v v r v v , v • .&.• • vv & .1.1..:&. v.1."" v•v • v vv V & & .&.V .&..,o,J ------· ---~------~ ~ ~u s,=VVJ., VV•
,
SAFRAN LAW OFFICES
120 South Boylan Avenue
R · ina27603
BYFAXQNLY
/FAX NO.: 252-257-4218
'y"i~
Voice: (919) 828~1396
Fax: [phone]
E-Mail Address: [e-mail]
The IT Group, Inc. and or Shaw Environmental and Infrastructure, Inc.
Attention: Gary Duke
200 Horizon Center Blvd
Trenton. NJ 08691-1904
Re: Kearneco Grading/The IT Group, Inc.
SLO FN.: 02-6716
Dear Gary:
We are sending you_ attached, _x_ enclosed,_ under separate cover, the following items:
No. ofltems Description
l Proposed Conditional Waiver.
REMARKS: I have enclosed a proposed conditional waiver for your review and comment.
Please review this document and give me a call. It is my understanding from our conversation on
May 29, 2002, that once we get you the signed conditional waiYers from Kearneco Gracting's
vendors, Shnw Environmental and Infrastructure, Inc. will mail these vendors a check directly. I
am in the process of getting the exact final amounts owed by Kearneco Grading (hereinafter
"Keameco'') to the various vendors. If this conditional waiver meets with your approval, I will
begin tb.e process of getting these waivers signed by the vendors. While this process does not
completely resolve the dispute over additional monies Kearneco believes it is owed for its work
on the Project, I look foiward to working with you to resolve this piece of the puzzle.
Sincerely,
~-~Ii~ M. Anne Runheim
Attorney for Keameco Oracling
cc: V.A. Anderson, Jr.
Danielle Yurkovich
Paul Kearney (Fax No.: 252-257-9411)
TF: 64 7-02
T:\l:eunoco Cndin&\Projcct.s\Dub.LOT .6-S-02.wpd
Mailing Ad~:
Post Office Box 587 • Raleigh., North Carolina • 27602-0587
06 /05 /02 12:31 FAX [phone] _.SAfR~N L~W OFFICES -------------------~002/002
Conditional Waiver and Release Upon Final Payment
Upon the receipt of a check from Shaw Environmental and Infrastructure, Inc., on behalf of
K.eameco Grading in the sum of$ _______ payable to __________ _
and when check has been properly endorsed and bas been paid the bank upon which it is drawn,
w.l.s tlu\.;uu1c;uL .:.ball L..,.,v,m, ,..ffutlY6 te nlaa.oo QD3' olo.imr, lag'll nr rrinitllhlr-Ilfl",'if'lnt nr fntnrn,
against Shaw Environmental and Infrastructure, Inc., formerly The IT Group, Inc. (General
Contractor), American Motorists Insurance Company (Swety), Keameco Grading (First Tier
Subcontractor), North Cllrolina Department of Environment and Natural Resources (Owner) and
to release any mechanic's lien, bond claims, the undersigned has on the job located at Warren
County PCB Landfill (hereinafter .. Project'') and should constitute payment in ful) for the work
of the undersigned on the Project
This release covers the final payment to the undersigned for all labor, services, equipment, or
material furnished on the job.
Date: ____ _
(Company Name)
By ____________ _
(Title)
NOTE: This form complies with the requirements of Civil Code Section 3262(d)(3). It is not
effective until the check that constitutes final payment has been properly endorsed and has
cleared the bank.
BELL, DAVIS & PITT, P.A.
Attorneys and Counselors at Law
D. Anderson Carmen Century Plaza
Email
Direct Dial
Office
[e-mail]
336-714-4111
100 North Cherry Street/ Suite 600
Winston-Salem, NC 27101
Mailing Address
P.O. Box 21029
Winston-Salem, NC
27120-1029 336-722-3700
Fax [phone]
VIA CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
American Motorists Insurance Company
1 Kemper Drive
Long Grove, IL 60049-0001
The IT Group, Inc.
2790 Mosside Blvd.
Monroeville, PA 15146
and
The IT Group, Inc.
c/o CT Corporation System
225 Hillsborough Street
Raleigh, NC 27603
May 21, 2002
North Carolina Department of Environment and
Natural Resources, Division of Waste
Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Mr. Paul D. Kearney, Sr., d/b/a Kearneco
Grading
c/o M. Anne Runheim, Esq.
Safran Law Offices
120 S. Boylan A venue
Raleigh, NC 27603
Re: Payment Bond for Detoxification of the Warren County PCB Landfill Using the
Base Catalyzed Decomposition Method -Program Documents , November 2000
Bond No. 4SU998825
Dear Sir or Madam:
This law firm represents Vulcan Construction Materials, LP ("Vulcan"). This letter constitutes
written notice of a claim by Vulcan under Payment Bond No. 4SU998825 dated February 16, 2001 with
regard to the Detoxification of the Warren County PCB Landfill Project (the "Project"). A Claim Under
Payment Bond is enclosed. Vulcan sold and delivered goods and materials to Paul D. Kearney, Sr.,
d/b/a Kearneco Grading ("Keameco") for use on the Project. The principal balance due and owing to
Vulcan by Kearneco as of March 31, 2002 is $4,596.07. Interest owed as of March 31 , 2002 is $152.25.
Interest continues to accrue on the principal balance due at the rate of 1 ½% per month, which is $2.26
per day.
Neither this letter nor the Claim is an attempt to collect a debt from The IT Group, Inc., but
rather is merely notice of Vulcan's claim against the surety pursuant to the Payment Bond.
American Motors Insurance Company, et al.
May 21 , 2002
Page 2
If you have any questions regarding this matter, please do not hesitate to contact me.
Very truly yours,
BELL, DAVIS & PITT, P.A.
D. Anderson Carmen
tle
cc: Ms. Vicki Fleshman
TO:
CLAIM UNDER PAYMENT BOND
American Motorists Insurance Company(hereinafter "Surety")
1 Kemper Drive
Long Grove, IL 60049-0001
The IT Group, Inc. (hereinafter "Contractor")
2790 Mosside Blvd.
Monroeville, PA 15146
and
c/o CT Corporation System
225 Hillsborough Street
Raleigh, NC 27603
North Carolina Department of Environment and Natural Resources, Division of
Waste Management (hereinafter "Owner")
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Paul D. Kearney, Sr., d/b/a Kearneco Grading
Route 2, Box 14
Warrenton, NC 27589
CLAIMANT:
Vulcan Construction Materials, LP (hereinafter "Claimant")
P. 0 . Box 4239
Winston-Salem, NC 27115-4239
PROJECT:
Detoxification of the Warren County PCB Landfill using the Base-Catalyzed
Decomposition Method -Program Documents, November 2000 (ID No. 010440101)
CLAIM:
Claimant hereby makes a claim and gives written notice of said claim on that certain
Payment Bond No. 4SU998825 executed by Surety and Contractor as Principal dated February
16, 2001 for the above-referenced Project. Claimant provided materials, more specifically,
stone to the Project. Claimant is owed the principal sum of $4,748.32. Interest is accruing on
the unpaid balance at the rate of eighteen percent (18%) per year from the invoice dates.
Interest as of March 31, 2002 totals $152.25, and the daily interest accrual from April 1, 2002
until paid is $2.26. Copies of the unpaid invoices are attached hereto at tab 1. A summary of
the balance due is attached hereto at tab 2. This claim is for the principal amount owed, plus
interest and attorney's fees allowed by law.
This the 2 ) day of ~ ~ ~ , 2002.
VULCAN CONSTRUCTION MATERIALS, LP
By~~
D. Anderson Carmen, Attorney
Bell, Davis & Pitt, P.A.
P. 0. Box 21029
Winston-Salem, NC 27210-1029
Telephone: [phone]
Uul1:an IIDEAST DIVISION
P.O. BOX 42H
WINSTOM-SALEM, NC. 2711M2H
CJJ8) 717-4100 Materials Company
SOLD TO: *KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
SHIPPED TO: WARREN COUNTY PCB
BLANKET ORDER
INVOIC N1 I INVOI" DATE I DEPT. I "TOME'R NO I OUR ORI C.'7Ri; i 11,n g/□l I n.s I ~~1'7R I ,r
PT.ll GRF.YS' roNE < unR1 SALESlt
f'IHC [If '.I(~ II.I(
11/06 285407 285441 107 ABC
11/07 285546 107 ABC 285578 285581 285606 285628 285643 285668 285670 285695 285699 285719
11/08 285763 107 iABC 285802 285837 285903
TERMS: Net 25 Days
ALL PAST~ BALANCES WILL BE 9UBJECT TO A LATE CHARGE OF 1 1/2'1. PER
MONTW (1~ PER YEAR). .,.y QUESTIONS SHOUI.D BE DIRECTED TO
lHE BILUNG DEPT. AT 43311717-4100.
R NO. ISA
.'i, I I
M : I
w
FSMANI
INVOICE
PAYMENT DUE 12/04/01
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
WLCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT 1.0.:
CUSTOMER ORDER NO. I FRFfr.HT
n3 1w11...,.., .... N l.lJl.ll'<II.l Yl K I 'PTI 'lCIIP
ICHAKL CARTER PH# 504-848-4 775
"NO n, , ..
TONS 14.30 06.950 99.39 14.19 06.950 98.62 28.49* 198.01
TONS 14 .12 06.950 98.13 13 .98 06.950 97.16 21.14 06 .950 146.92 13 .61 06.950 94.59 20.93 06 .950 145 .46 14.86 06.950 103.28 20.43 06.950 141. 99 14.24 06.950 98.97 15.00 06 .950 104.25 21.28 06.950 147. 90 14.08 06.950 97.86 183.67* 1276 .51
TONS 14.34 06.950 99.66 14.52 06.950 100 .91 15.87 06.950 110.30 15.45 06.950 107.38
60.18* 418 .25
TOTAL I 1,892 .771
272 .'.34 I Page n 1 of n 1
UulEan IIDEAST DIVISION
P. 0. BOX 4239
WlNSTOK-SAI..EM, NC. 2711M2H
P3I) 717-4100 Materials Company
SOLD TO: *KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
SHIPPED TO: WARREN COUNTY PCB
BLANKET ORDER
INVOIC Nn I INVOIC DATE I DEPT. I CUSTOMER NO. I OUR ORI 5R7n } CJ I l l / l !HUl I 05 I 233178 I ]I PTJI f'.: : GKJ!.IS :I:ONE \ OAK.I .Y SALES11 ,,. ,► N
11/14 286977 107 ABC 287022 287024 287044
11/15 287081 107 ABC 287104 287137 287169 287203 287245 287266 287284 287301 287305
11/16 287326 107 .ABC 287344 287360 287385 287419 287451 287483
TERMS Net 25 Days
ALL PAST D~ BALANCES WILL BE SUBJECT TO A LATE CHARGE OF 1 1/2% PER
MON™ (1ft. PER YEAR).
ANY QUESTIONS SHOULD BE DIRECTED TO
THE BIWNG DEPT. AT P31)711'-4100.
R NO."'
5] I
IA1i:
......... L.l.N I
INVOICE
PAYMENT DUE 12/ 14/01
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
VULCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT 1.0.:
CUSTOMER ORDER NO. I FRFIGHT 13 I l&lftlllllo'.N ·111,~ T Pf'R I PTr'KTTP
CHAF.L C'Jt.RTER PH• !04-848-4 775
"N' n,,.N ITY ~MU Co "' TONS 14.38 06.950 99 .94 21 .36 06.950 148.45 14.62 06.950 101. 61 14.57 06.950 101.26 64.93* 451. 26•
TONS 14 .80 06.950 102.86 14 .75 06.950 102.51 14.56 06.950 101.19 14.17 06.950 98 .48 14.63 06.950 101. 68 14 .26 06.950 99.11 20.65 06.950 143.52 20.74 06.950 144.14 21.34 06.950 148.31 14.72 06.950 102.30 164.62* 1144 .10
TONS 14.71 06.950 102 .23 14.62 06.950 101. 61 14.79 06.950 102.79 14 .65 06.950 101. 82
14 .54 06.950 101. 05 14 .62 06.950 101. 61 14.69 06.950 102.10 102.62* 713 . 21,
TOTAL ~1 ___ 2_,_3_0_0_._5_71
Tnrl'll T. TONS 332 17 I Page O 1 of D 1
Uul1an IIDEAST DIVISION
P.O. BOX 42H
WINSTON-SALEM, NC. 2711M2H
'"8) 7'7-4t00 Materials Company
SOLD TO: *KEARNECO GRADING
S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
SHIPPED TO: WARREN COUNTY PCB
BLANKET ORDER
INVOICE
PAYMENT DUE 12/23/01
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
WLCAN MATERIALS FINANCE
PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT I.D.:
INvn1c1 nAT I DEPT I CUSTOMER NO. I OUR ORDER NO. ISALESIAANI CUSTOMER ORDER NO. I FRFIGHT
11/19
11/20
11 /7 / 1 nos I 233178 I 1051 I 003 I r.11\WW"""" , , 11 INT.I 1,1r·H. C.:REYS 011'.: OUAKKY SALESMAN: MICHA.Ki CARTER PH#
r& NC INI n 1
287714 534 ERO-CB TONS 10 .39 10.39*
288012 057 NC #57 TONS 16.68 16.68*
I l)Tr 'KIIP
04-841:S-4 775
13.000
09.600
135.07 135.07
160.13 160.13
TERMS. Net 25 Days
ALL PAST~ BALANCES WILLE SUBJECT TO A LATE CHARGE OF 1 1/~ PER
MON1li (1~ P£R YEAR).
TOTAL ~l ____ 2_9_5_.2_o~I,
ANY QUESTIONS SHOULD BE DIRECTED TO
THE Bil.UNG DEPT. AT cs,l)ffl-4too. "'""'1'. T. TONS 27 07 I Page n 1 of O 1
Uul1:an IIIDEAST DIVISION
P.O. BOX 4239
WINSTON-SAi.Si, NC. 2711M2U
CD) 7'7-4100 Matertals Company
SOLD TO:
SHIPPED TO:
*KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
WARREN COUNTY PCB
BLANKET ORDER
INVOICE
PAYMENT DUE 01/20/02
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
VULCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT i.b.:
INV IC NJ I INVOICE DAT I JEPT. I CJSTOMERNO. I OUR ORI FRNO. ISALFSMANI CUSTOMER ORDER NO I FREIGHT
61IJ9[]~ 12/?6/ 1 r □.'i r ~~17R r 1r 1 1 r nn~ r w11.i.-i.-vN 11,~ :r: PC'R
PI.A"' : GREYSTO1 IF. onARR SALES~ .AN: MICHAEL CARTER .t.'111'
IA II (;:~ I..,._ r'..6.C/ ~ tJf
12/21 293644 127 ABC-M TONS 13.92 13 .92*
I },>H'Klll,1
,04-848-4 77 5
07.150 99.53 99 . 53 ~
TERMS: Net 25 Days
ALL PAST DUE BALANCES WILL BE IUBJECT TO A LATE CHARGE OF 1 1/3 PER
MONTH (1~ PER YEAR).
TOTAL ~'-----9-9_._5_31
»IY DUESTIONS SHOULD BE DIREC'TED TO
THE BILLING DEPT. AT CD)7'7-TOTAT TONS 1~.92 I Page O 1 ol 01
: 80000 SERIES RECYCLED© 3o•. P. c. w
SUMMARY OF BALANCE DUE
INVOICE DATE
11/09/01
11/19/01
11/28/01
12/26/01
$4,596.07
152.25
$4,748.32
INVOICE NO. INVOICE AMOUNT
578569
587009
590998
610909
Principal
Interest as of March 31, 2002
Plus interest of $2.26 per day
from April 1, 2002 until paid.
1,892.77
2,308.57
295.20
99.53
BELL, DAVIS & PITT, P.A.
D. Anderson Carmen
Email
Direct Dial
Offe:e
Fax
[e-mail]
336-714-4111
336-722-3700
336-748-5890
VIA CERTIFIED MAIL/
Attorneys and Counselors at Law
Century Plaza
100 North Cherry Street / Suite 600
Winsron-Salem, NC 27101
May 21 , 2002
Mailing Address
P.O. Box 21029
Winston-Salem, NC
27120-1029
RETURN RECEIPT REQUESTED
American Motorists Insurance Company
1 Kemper Drive
Long Grove, IL 60049-0001
The IT Group, Inc.
2790 Mosside Blvd.
Monroeville, PA 15146
and
The IT Group, Inc.
c/o CT Corporation System
225 Hillsborough Street
Raleigh, NC 27603
North Carolina Department of Environment and
Natural Resources, Division of Waste
Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Mr. Paul D. Kearney, Sr., d/b/a Keameco
Grading
c/o M. Anne Runheim, Esq.
Safran Law Offices
120 S. Boylan Avenue
Raleigh, NC 27603
Re: Payment Bond for Detoxification of the Warren County PCB Landfill Using the
Base Catalyzed Decomposition Method -Program Documents , November 2000
Bond No. 4SU998825
Dear Sir or Madam:
This law firm represents Vulcan Construction Materials, LP ("Vulcan"). This letter constitutes
written notice of a claim by Vulcan under Payment Bond No. 4SU998825 dated February 16, 2001 with
regard to the Detoxification of the Warren County PCB Landfill Project (the "Project"). A Claim Under
Payment Bond is enclosed. Vulcan sold and delivered goods and materials to Paul D. Kearney, Sr.,
d/b/a Keameco Grading ("Keameco") for use on the Project. The principal balance due and owing to
Vulcan by Keameco as of March 31, 2002 is $4,596.07. Interest owed as of March 31, 2002 is $152.25.
Interest continues to accrue on the principal balance due at the rate of 1 ½% per month, which is $2.26
per day.
Neither this letter nor the Claim is an attempt to collect a debt from The IT Group, Inc., but
rather is merely notice of Vulcan's claim against the surety pursuant to the Payment Bond.
American Motors Insurance Company, et al.
May 21, 2002
Page 2
If you have any questions regarding this matter, please do not hesitate to contact me.
Very truly yours,
BELL, DAVIS & PITT, P.A.
D. Anderson Carmen
tie
cc: Ms. Vicki Fleshman
TO:
CLAIM UNDER PAYMENT BOND
American Motorists Insurance Company(hereinafter "Surety")
1 Kemper Drive
Long Grove, IL 60049-0001
The IT Group, Inc. (hereinafter "Contractor")
2790 Mosside Blvd.
Monroeville, PA 15146
and
c/o CT Corporation System
225 Hillsborough Street
Raleigh, NC 27603
North Carolina Department of Environment and Natural Resources, Division of
Waste Management (hereinafter "Owner")
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Paul D. Kearney, Sr., d/b/a Kearneco Grading
Route 2, Box 14
Warrenton, NC 27589
CLAIMANT:
Vulcan Construction Materials, LP (hereinafter "Claimant")
P. 0 . Box 4239
Winston-Salem, NC 27115-4239
PROJECT:
Detoxification of the Warren County PCB Landfill using the Base-Catalyzed
Decomposition Method -Program Documents, November 2000 (ID No. 010440101)
CLAIM:
Claimant hereby makes a claim and gives written notice of said claim on that certain
Payment Bond No. 4SU998825 executed by Surety and Contractor as Principal dated February
16, 2001 for the above-referenced Project. Claimant provided materials, more specifically,
stone to the Project. Claimant is owed the principal sum of $4,748.32. Interest is accruing on
the unpaid balance at the rate of eighteen percent (18%) per year from the invoice dates.
Interest as of March 31, 2002 totals $152.25, and the daily interest accrual from April 1, 2002
until paid is $2.26. Copies of the unpaid invoices are attached hereto at tab 1. A summary of
the balance due is attached hereto at tab 2. This claim is for the principal amount owed, plus
interest and attorney's fees allowed by law.
This the 2,. I day of ~ ~ ~ , 2002.
VULCAN CONSTRUCTION MATERIALS, LP
By~~
D. Anderson Carmen, Attorney
Bell, Davis & Pitt, P.A.
P. 0. Box 21029
Winston-Salem, NC 27210-1029
Telephone: [phone]
uu11:an YOUST DIVISION
P.O. BOX U3t
WINSTOf'.U.LEJI, NC. :r711M231
p,e) 797-4100 Matertals Company
SOLD TO:
SHIPPED TO:
INVOICE NO
*KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
WARREN COUNTY PCB
BLANKET ORDER
I INVOICE DATE I DEPT. I CUSTOMER NO I OUR ORDER NO. I SALESMAN I
INVOICE
PAYMENT DUE 12/04/01
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
VULCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT I.D.:
CUSTOMER ORDER NO. r FRFIGHT i:;7Ri:;,:;Q I 11/09/01110.'i I ?~~17R I l □.'i 1 I n n ';j I W.li IH1w'U l:I Jt.11.,n: .1 .l,'l :K I PTI lCTll;I
PLANT: GREYSTONE OUARRY SALESMAN: MICHAEL CARTER ,. ,. --~ "'' ~u,u , ...
11/06 285407 285441 107 !ABC
11/07 285546 285578 107 !ABC
285581 285606 285628 285643 285668 285670 285695 285699 285719
11/08 285763 285802 107 IABC
285837 285903
TERMS: Net 25 Days
ALL PAST DIE BAUNCES WILL BE SUBJECT TO Aun CHARGE OF 1 1/~ PER
MOlffl4 (1~ PER YEAR).
~y QUESTIONS SHOULD Be DIRECTED TO
lHE BIWNG DEPT. AT P31)7'7-4100.
'"'' TONS
TONS
TONS
TOTAT TONS
PH# rn4-84H-4 77 5
rn "' . ..,,,,,
14.30 06 .950 99.39 14.19 06.950 98 .62 28.49* 198.01'
14.12 06 .950 98 .13 13.98 06 .950 97 .16 21.14 06.950 146.92 13.61 06.950 94 .59 20.93 06.950 145.46
14.86 06 .950 103 .28 20.43 06.950 141.99 14 .24 06 .950 98.97 15.00 06.950 104.25 21. 28 06 .950 147 .90 14 .08 06.950 97 .86
183.67* 1276 . SP
14.34 06 .950 99.66 14.52 06.950 100.91 15.87 06.950 110.30
15.45 06.950 107.38 60.18* 418. 25 ~
TOTAL ~l ___ 1_,_a_9_2_._1_.1I
272 ~4 I Page O 1 of O 1
VUl[DD YOE.AST DIVISION
P.O. BOX •2n
WlNSTOK-SALEM, NC. 2711 W231
'"8) 111 ... ,00 Materlals Company
SOLD TO: *KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
SHIPPED TO: WARREN COUNTY PCB
BLANKET ORDER
INVOICE NO I INVOICE DATE I DEPT. I CUSTOMER NO I OUR ORDER NO. I SALESMAN I
INVOICE
PAYMENT DUE 12/14/01
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
VULCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT I.D.:
CUSTOMER ORDER NO I FREIGHT ~R7nnq 11/1Q/n1 11051 233178 I 1051 I 003 I ....,n"""'"" ·1111~".L"I .t'l:1-\ I PTr 1<11p PLANT: GREYSTONE OUARRY SALESMAN: MICHAF.L CARTER M T, ,u,□□c, '" 11/14 286977 287022 107 ~c
287024
287044
11/15 287081 287104 107 ~c
287137 287169 287203 287245 287266 287284 287301 287305
11/16 287326 107 ~ 287344 287360 287385 287419 287451 287483
TERMS: Net 25 Days
ALL PAST 0~ BALANCES WILL BE SUs.ECT TO A LATE CHARGE OF 1 1/~ PER
MON™ (1ft PER YEAR).
ANY OUEmoNS SHOULD BE DIRECTED TO
THE Bil.UNG DEPT. AT (331)717..«00.
IJN
TONS
TONS
TONS
TOTAT TONS
PHI rn4-ts4ts-4 775
" '" 14.38 06.950 99 .94 21.36 06 .950 148.45 14 .62 06.950 101. 61 14.57 06.950 101.26 64.93* 451 .26
14.80 06.950 102.86 14 .75 06.950 102.51 14.56 06.950 101.19 14 .17 06.950 98.48 14.63 06.950 101.68 14. 26 06.950 99.11
20 .65 06.950 143.52 20.74 06.950 144.14 21. 34 06.950 148 .31 14.72 06.950 102.30 164. 62* 1144.lOk
14. 71 06.950 102.23 14.62 06.950 101. 61 14. 79 06.950 102.79
14 .65 . 06.950 101.82
14.54 06.950 101.05 14.62 06.950 101. 61 14.69 06 .950 102.10 102.62* 713 .21
TOTAL' ~---2_,_3_0_8_.5_7~1,
332 17 I Page n 1 of O 1
Uul1an IIDEAST DIVISION
P.O. BOX 42n
WINSTOK-8.ll.BI, NC. 2711M2H '"81 m--1,00 MatertaJs Company
SOLD TO: *KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
SHIPPED TO: WARREN COUNTY PCB
BLANKET ORDER
INVOICE
PAYMENT DUE 12/23/01
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
VULCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
'TAX EXEMPT 1.0.:
INVOICF-NO I INVOICF DATE I DFPT. I CUSTOMER NO_ I OUR ORDER NO. I SALESMAN I CUSTOMER ORDER NO. I FREIGHT
~OQQR 11/?R/01 ,,ns I ?~~17R I ---,----rp,f Inn~ 1wnJ;1~F.N lll"!"l"T P('J.l 1-0-,-.. 1,1 PLANT: GREYSTONE OUARRY SALESMAN : MICJURL CARTER PH# 304-848-.4 T75
1.11.TL C'UJ 'AqJu1-v-L N( llL r1nu 111,.11 f"",11.&IJ /T p .o.••l"'\1 1u
11/19 287714 534 ERO-CB TONS 10 .39 13.000 135 .07
11/20 288012 057 INC #57
TERMS. Net 25 Days
ALL PAST~ BALANCES WILL SE sus.ECT TO A LATE CHARGE OF 1 1/~ PER
MONTH (1ft PER YEAR).
ANY QUES'TIONS SHOULD SE DIRECTED TO
n£ BILLING DEPT. AT P31)717-4eoo.
TONS
'1'0'1'?. T. 'T'ON~
10.39* 135.07
16 .68 16.68* 09 .600 160.13 160.13
TOTAL ~l ____ 2_9_5_.2_o~I,
27 07 I Page n 1 of O 1
uu11:an IIIDEAST DIVISION
P.O. BOX 423t
WINSTOK-SALEII, NC. 2711 $-4231
C33I) 717~100 Materials Company
SOLD TO:
SHIPPED TO:
*KEARNECO GRADING S ANNINO 3/18/02 PERM COD PERMANENT COD PERMANENT COD NC 11111-111
WARREN COUNTY PCB
BLANKET ORDER
INVOICE
PAYMENT DUE 01/20/02
PLEASE RETURN ONE COPY OF
INVOICE WITH PAYMENT TO:
VULCAN MATERIALS FINANCE PO BOX 75219 CHARLOTTE, NC 28275-0219
ITAX EXEMPT I.D.:
INVOICENO I INVOICFOATE I DEPT. I CUSTOMERNO IOURORDERNO ISALESMANI CUSTOMER ORDER NO t FRFIGHT
6 , n g n q , ? , ? 6 , n , 11 n i:; 1 ? ~ ~ 1 7 R 1 1 o 51 1 o o 3 1 w" 1h, ... N " , "':r .1 l'l K
PLANT: GREYSTONE OUARRY SALESMAN: MICHAEL CARTER PH#
IHI. 'L. ..:MIUUL r"-AC / Jlf fL , N{) IINI J IIJlN IT
12/21 293644 127 !ABC-M TONS 13.92 13.92*
I Plr ·xnp
:IU4-ts4ts-4 775
07.150 99.53 99.53
TERMS. Net 25 Days
ALL PAST D~ BALANCES WILL BE SUBJECT TO A I.ATE aiARGE OF 1 112% PER
MOtml (1ft PER YEAR~
TOTAL I
ANY QU;STIONS SHOULD BE DIRECTcll TO
nE BIUJNG DEPT. AT P3S)7W7-4100. TOT:ll T, '1"l1tJ~ 1~.92 I Page O 1 of n 1
SUMMARY OF BALANCE DUE
INVOICE DATE
11 /09/01
11/19/01
11/28/01
12/26/01
$4,596.07
152.25
$4,748.32
INVOICE NO. INVOICE AMOUNT
578569
587009
590998
610909
Principal
Interest as of March 31 , 2002
Plus interest of $2.26 per day
from April 1, 2002 until paid.
1,892.77
2,308.57
295.20
99.53
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To: Gary Duke
Shaw Environmental & Infrastructure
Fax: [phone]
Phone: [phone]
Re: Vulcan Materials Claim
Kearneco
• Comments:
NCDENR
From: PatBackus r
Pages: 10
Date: May 24, 2002
CC:
..,
, SAFRAN LAW OFFICES
120 South Boylan A venue
Raleigh, North Carolina 27603
April 8, 2002
BY FAX AND U.S. MAIL
/FAX NO.: 847-320-5828
Kemper Insurance Companies
Attention: Steven J. Beatty
Senior Surety Counsel
1 Kemper Drive, Building 4, Room 3
Long Grove, IL 60049-0001
Re: Kearneco Grading/The IT Group, Inc.
SLO FN.: 02-6716
Principal: IT Corporation
Voice: [phone]
Fax: [phone]
E-Mail Address: [e-mail]
Surety:
Project:
American Motorists Insurance Company
Warren County Landfill Detoxification
Obligee:
Bond:
Claim:
Dear Steven:
NC Department of Environmental Sciences
4SU 998 825
167 SM 002 072
I am writing to you in response to your letter of February 8, 2002 (copy attached) addressed to
my client, Mr. Paul D. Kearney and Kearneco Grading, Inc. (hereinafter "Kearneco".) Your
letter indicates that you have received notice of a bond claim from Kearneco in the amount of
$104,626.74. It is my understanding that Kearneco has provided you with some information,
please advise me if you need any additional information. Any future correspondence or
communications should be directed to our offices. By copy of this letter, I am also requesting
that representatives from the IT Group and NCDENR contact our offices only. Please call me as
soon as possible to discuss the resolution of this matter.
Sincerely,
-✓m-U/tVYtR-~ ~
M. Anne Runheim
cc: V.A. Anderson (w/enc.)
TF:
Paul D. Kearney (w/enc. Fax No.: 252-257-9411)
Gary Duke (Fax and U.S. Mail/Fax No.: 609-588-6300)
Pat Backus (Fax and U.S. Mail/Fax No.: 715-3805)
4-12-02 T:\Keameco Grading\Projects\Beatty .LET.4-8-02. wpd
Mailing Address:
Post Office Box 587 • Raleigh, North Carolina• 27602-0587
I
Febru~ry 8, 2002
Mr. Paul D. Kearney
Kc:irneco Grading
Route 2, Box 14
Waii-enton, NC 27589
Re: Principal:
Surely:
Project:
Obligee:
Bond:
Claim:
IT Corporation
American Motorists hsurance Company
W.i.rrcn County Landftll Detoxification
NC Dept. of Environment:?.l Services
4SU 998 825
167 SM 002 072
Dear Mr. Kearney:
Via Fax to 252.257.9411 and ll.S. Mail
The Surety has rr.ce.i vc:d your fa,. of this morning, ndv Jsin~ of a £104 ,646.7 ~ claim on t:1e payment bond for the
noted Project.
The Sur::ty nee.ds to conduct an i;we~tigation 11nd review of this claim. For that purpose, please pro\·ide the. fol-
lowing documcntalio11 and informetion: the conlTact or purch.a~c order, and all chll.nge orders; 211 bills, inv,)ices
and payment requcst5; evidence of delivery of any materials supplied to the Project: all con-cspondenr.e with, and
contractual or statutory notices to, the Principal or any oth~r entity concerning the subject of thi: claim; your subs
or suppliers to the Project, and any amounts owed to them; evidence that the O-wTJcr or Obligee has fully .ipproved
and accepted the work; and any othe; materials that will assisl in understanding the claim. Also, please complete,
executt an.d return the enclosed Proof of Claim fonn. ·
Tiie Surety will review the document2tion that is providc:d, and will also fumish it to the Principal for its review
.and comment. On completion of the invc:stigation, the Surety will be in fonhcr contact v.ith you regarding the
claim. Please contact the undersigned if you have any questions.
By ackr.owledging your notice and ;:,rocecding with the investigati1."!n ofthi!'; claim, the Sur1:ty does not intend to
waive or release :my right:, or defenses that may be available to the Surety or the Principal. The Surety e,;pressly
reserves all sue.Ii rights and defenses.
Stephen J. Beatt_
Senior Surety Counsel
SVFIET'r GllOU,
E,.:.7 320.2170 V;>I~~' ed?.320 !i82e FA.X
1 Kernp1r Orivt, !,vltd;ng 'l, Aoor :;, K-7 ' L:>n;; Grove, ll 60049-0001
cc : Peter Worthington, Philadelphia
'. 8Bc8SDcf:L '178 O:J 3:JNV'tmSNI !::13dr/3)1 : /..q +uas
Subject: RE: Letter from Paul
Date: Mon, 1 Apr 2002 10:41:47 -0800
From: "Duke, Gary W." <[e-mail]>
To: "'Pat Backus"' <[e-mail]>
Briefly, you are correct that state has no liability in this. In detail:
item 3 -IT acknowledges state pay plus 7 day requirement, especially on
undisputed amounts, onl y bankruptcy proceedings could possibly take
precedence and won't likely do so as long as IT sale goes through. There was
a $10,000 issue on his invoice where he tried to get paid for CO work he had
never even submitted, he now has reduced that claim to $5,500 and has errors
in his support for even that amount. We do not and will never owe him
interest on that, he had no business invoicing it when he did.
item 4 -I don't know that anyone advised him to sign letter. It's probabl y
academic since it doesn't directly affect his payment. In addition, as an
independent subcontractor he was free to reject anyone's advice or requests,
you certainly did not and could not have directed him since you do not have
a contract with him.
item 8 - I am also unclear on his reference, think it had to do with a minor
design change that came back from state permitting authority through Aiken &
Ye lle. It was not DENR, at l east not in the sense that you are the client,
so you have no liability there. If it was a permit issue it is an IT/Kearney
problem since IT was doing design/build.
I still need to reply to him but am tied up on other issues and s till need
to research a couple of his new points.
-----Original Message-----
From: Pat Backus [mailto :[e-mail]]
Sent: Monday, April 01, 2002 11:18 AM
To: Duke, Gary
Subjec t: Letter from Paul
Gary,
I was reviewing the letter from Paul Kearney (March 21 , 2002) again. On the
whole it is really IT's predicament. However, on some items where he
mentions the state and the owner and has sent this letter to several people,
I have to make a few comments.
Item 3 -Interest payments on unpaid invoices -Interest is supposed to be
based on the date the state paid IT for work completed plus seven days.
That seems pretty straight forward. I assume the problem deals with the
receipt o f an acceptable invoice with the proper supporting informati on . I
can send Paul Kearney a copy of the articles from the contract which address
this if necessary. I'm sure that in addition to the dat~ there has to be
something that states that the contractor bears some re-sponsibility for
ensuring the subcontractor did the work he invoices. An extreme example of
this might be fraud. I have to believe that this has been addressed. Also,
as you have mentioned before, you can't calculate this amount until a
payment is made. If this continues to be an issue, I would suggest you call
state Construction for advice on how to handle .
Item 4 -Grading -Paul Kearney states that "KEARNECO Grading has received
several request to sign this letter by the contractor and the owner of the
project." I don't recall ever advising him to sign. I don't know of any
other DENR personnel who adv ised him to sign the letter. Was the state
unhappy with the progress on the grading? Yes. I am sure that is
,,,.
documented somewhere. Did IT inform us of how they wished to work with
KEARNECO v ia this agreement to get on schedule and did it seem reasonable to
u s? Yes. In any event, I don't see how delivery of the letter and
discussion of his decision to sign is a justification for payment of work.
Item 8 -Delay Time -Paul Kearney states that "Further delay is realized in
MEETING MINUTES dated 2 Oct 01, ... changes in water main by the State."
Again, I'm not sure who he means by "State." As this tends to imply the
"State" was responsible for some of his delay time or possibly notification
to him. I wish I knew more. I seem to remember problems in getting
schedules coordinated on all sides.
Thanks,
Pat
FROM : PDKEARNE''r' FAX NO. :2522579411 Mar . 22 2002 08:03AM Pl ,,.
KEARNECO GRADING
TU:
Pat Backus
LJ..J.: ..... .
COMl'/\NY·
. ..
NCDENR
1•/\X NLJMB£R:
(919) 7 1 5-3605
PHONF. N\JMBl:iR:
Ill'.:
0 U!ZGEN T ra FOR REVIEW
NUTti$/C0MM['.NT$.
PAUL D. KEARNEY
Route 2, Box 14
Warrrcnton, NC 27589
21 Mar 02
'l'OTAJ.. NO.()!' PJ\GES INCLUDING COVf::R:
1 6
SF>,DER'S Rl:il'l:iR.Et-lCE NUMBER:
[phone]
(252)257--9411-Fax
YOU R Rl:.f ERENC1'. NtJ Mflt::R:
D PLEASP c oMMEN'J' □ PLEAs1..:: Rc PL't' 0 l'LJ..:::\SE f1.FCYCLE
FRCIM : PDl<EAR~iE'r' FAX HD . : 2522579411 M3r. 22 2002 08:0JAM P2
, t CJ .. 1 I I
I.T. Corporation
200 Horizon Center Boulevard
Trenton, NJ 08691-1904
A TfN: Gaty Duke, Project Manager
Deii.r · Gary; · · · · · · -·· · · · ·
21 Mar 02
KEARNECO Grading
.. -R=r· 2 B , 14 ... ) ox
__ _ _ Warrenton,_ NC 27589
KEARNECO Grading is providing this correspondence in support of
Final Invoicing to your attention dated 25 January 02. Please find the ·
documentation as fol1ows:
ITEM #1 AND ITEM #2 DEMOB and REMOB
Reference letter to your attention dated 19 Feb 02 the cited
justification is in order. KEARNECO Grading was directed by Inten1ational
Technology (LT.) per Gary Duke, project manage via Bill Gallagher, site
manager to cease all operations as defined in purchase order #17087 fo r the
convenience ofI.T. KEARNECO Grading gave notice to I.T. per
MEETING MINUTES dated 17 Sept. 01, that the water line would progress
in its completion entering the project site not later than 26 Sept. 01 (Line
item #2). By the close of business on 25 Sept. 01, KEARNECO Grading had
installed approximately forty (40) foet of six (6) inch water line inside the
perimeter fence at the Warren County Site. Upon achieving this task,
facilitated by combined grading and utility crews, LT. was forced to take
evasive measures. KEARNECO Grading was penalized per the MEETING
MINUTES dated 26 Sept. 01 in which J.T. via BUI Gallagher d.irects
KEARNECO Grading to delay cor.struction of the water line. Cited
MEETING MINUTES also directs suspension of all construction until 15
Oct. O 1.
I.T. gave KEARNECO Grading no prior notice of pending
construction suspension. Personnel, supplies, equipment (leased and
inventoried), necessitated demobilization to maintain cost effectiveness.
Some personnel were laid oft~ supply items were compromised, lease
equipment was returned and relocated to maintain productivity. These
activities were costly and were borne internally by KEARNECO Grading.
More specifically, reference the 3 August 0 1 memorandum for record
(Attachrnent #1) in which KEARNECO Grading furnished the project
FF'CIM : PDKERRNEY Ff={< t--lO. : 2522579411
~ .. 1 .... _ ...
manager hourly rates for personnel, I.T. had prior knowledge of supporting
. ~<?~t_t<? ~l.l.P.P<?~_!l'i.~ _DeP"!ol?_i_lization and Remc,l:,iJizati9n directive :
DEMOB
Personnel:
Employee Hourly Rate Nou. Total Wages
Supt. $45.00 l $ 45.00
Foreman 30.00 2 60.00
Operator 28.00 4 112.00
Truck driver 25.00 3 75.00 . Laborers .. . . . .. ~ ... f 5.6o•··· 3
Hourly Total
8-Hour Daily Rate
45.00
$ 337.00
$2,696.00
Equipment Rates:
Unit
Autocar-50 ton Heavy Haul
l and H Dump Truck
Ford 1.5 ton Hauler
Chevy Utility 4X4 Hauler
Accounting
Personnel 1.5 days@ $2,696.00
Equipment 1.5 days-50 ton haul
3.0 day-20 ton haul
1. 75 day-1.5 ton haul
. 75 hr. utility 4X4
REMOB
Personnel
Employee
Supt.
Foreman
Operators
Truck driver
Laborer
· Hourly rate
$45.00
30.00
28.00
25.00
15.00
Hourly Rate.
$110.00
80.00
50.00
50.00
Total expense
Negotiated price
Nou.
1
1
2
1
I
\ e,
.-J ~ hf
Hourly total
8-hour daily rate
8-Hour Daily
$880.00
640.00
400.00
400.00
$4044.00
1320.00
1920.00
700.00
37.50
$8,021.50
$8,025.00
Total
45.00
30.00
56.00
25.00
15.00
$171.00
$1,368.00
.I:-
FRIJM : PDKEARt'-lEY FAX t'-llJ. : 2522579411 Mar. 2'2 2012:12 08: 04RM P4
_________ Equipment Rates ______ _ __
-same detail as demob-
Accounting
Personnel
Equipment
2.5 days @ $1368.00 $342 0.00 ·
1.5 days 50 ton haul 1320.00
1.75 days 1.5 ton 700.00
I hour -Utility 4X4 50.00
Total exnense $5490.00
.. .. • ... •• • ~....................... .,;,i ..... -... T. ................ "\·······• .......... ~ .• --.............. ~-..... , ·--~•·•·-·----~ Negotiated pnce $5500.00
Item #3 Interest payments on unpaid invoices
The proposed changes of $710.00 remains and accrued interest is
requested. In addition, we request interest on the 19 Dec 0 l invoice of
$30,000.00.
Reference letter dated 4 Mar 02 with copies furnis hed by e-mail to:
Mike Kelly, NCDENR
Pat Backus, NCDENR
Jerry Armstrong, NCDOT, Civil Rights Section
Dollie Burwell, Warren County Advisory Board
Loria Williams, County Manger, Warren County
Bill Gallagher, Williams Engine~ring
___,I VYi1
David Jaeger, l.T. Corp.
/~d vJ f:/. {V,~
J7;(>{A1
Page 3, paragraph 3, states that my letter of 25 Feb 02 is incoJTect. I 1 iY y
must disagree and correct you on your oversi ght. My letter of25 Feb o2, Va.J
states that the most recent invoice which was Paid In Full by I.T. Corp. I JJ ~;Y
direct your attention to your records for fwther observation of the subject r"-~-
invoice. Notably, you will find that the subject invoice is requesting Y
compensation for water-line construction, storm water installation,
demobilization and remobilization. As you stated, you only elected to pay
the amount of$13,o1 oo, which does not pay this invoice in full. I am
providing you a copy of the subject invoice. (Attachment #2)
KEARNECO Grading request interest consideration on the unpaid
balance of$10,000.00 per the invoice dated 2 Nov 02 in the amount of
$23,000.00 .
FRIJM : PDKEARNEY FAX NO. :2522579411 Mar. 22 2D[12 DE:: DSAM PS
Accounting
1% $10,000.00 = $100.00
Item #4 Grading
Reference the letter of 19 Feb 02, as it defines item #4; this
justification remains in order. In furtherance, the 13 Sept 01 "LETTER OF
AGREEMENT" is misleading as to its content, effective date and does not
.. !~.±1c;.~tJl!~ _1/µ~ !.g~elltt9.~ -~~L~.P.J.Hties of a)l pff!!j~~.lP..Y.P...lY.~.Q.J~~L!h~-f9.J.lt:rn~t •..•
with KEARNECO Grading -page 4 of 6-it states: "FOR A NY OTffER
CA USE WHATSOEVER SHALL NOT CARRY ON THE WORK IN AN
ACCEPTABLE MANNER, IT MAY GIVE NOTICE IN WRITING, SENT
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED" or in any case
"IF KEARNECO WITHIN A PERIOD OF FIFTEEN (15) DAYS AFTER
SUCH NOTICE SHALL NOT PROCEED IN ACCORDANCE
THEREWITH" then I.T. can act accordingly. Su~ject letter was out o f order
in that it was HAND DELIVERED. The letter depicts an endorsement by
Paul D. Kearney on 13 Sept 01. This is misleading, MEETING MINUTES
dated 17 Sept 01 reflects, subject letter had not been endorsed by
KEARNECO Grading according to response Item #3 under OTHER . ~
ISSUES. We were uncomfortable with the letter and had been advised not to ~ .
endorse. KEARNECO Grading had rec~ived se:eral request to sign this ~ 12i~
letter by the contractor and the owner of the pro1ect to reflect a 13 Sept 0 1 ~-~ ~?
date. After being presented with a scenario of sign the letter or lose ---f/-; ,_} ·
remaining contracts, KEARNECO Grading had no recourse but to sign the ,L).,Vo ·
letter on 18 Sept 01, thereby keeping fifteen (15) people employed.
On 13 Sept 01, KEARNECO Grading cut and placed 285.Scy of fill
material. In addition, 2400cy of topsoil was stripped to make available
suitable fill. KEARNECO was not compensated for this work. Per e-mail
dated 12 Sept 02, "Aiken & Yelle will survey the work". LT. site manager
did not direct the survey to include the str.ipped material. KEARNECO
Grading hired the survey through a local firm. As previous stated, twenty
four hundred (2400) cy of topsoil was stripped. The desired rate of
compensation is $10. 00 per cy. Th1s rate j s competitive in that it is a single
task activity. KEARNECO Grading had secw·ed three (3) Terex Fomteen
(14) cy Scrapers to move the soil on this project. When the scope ofthe
project was changed, you removed KEARN ECO'S ability to recoup its cost.
FRCIM :PDKEARNEY FAX NCI. :2522579411
Accounting
... -· ___________ 285.5cy@ _ _$___5,50 __ --___ .. ---_ ----· $ 1,570.25
2400.0cy@ $10.00
Item #5 Water Main
Total
24,000.00
$25,570.25
Reference contract dated 24 April 01 between LT. Corp. and
. _ . iKEA.RN.ECO Oracling, yo\.ll'..~ttention is dire,ct~.4 to .P.~fijgrap.h~.B., .. itern # L. .. , _ ..
"Changes to the conditions specified in Attachment A". Accordingly,
KEARNECO Grading submits the following as documentation for
compensation:
MEETING MINUTES dated 16 Oct 01, in which the Warren County
Public Works Director, Mr. ~1acon Robertson, was informed "that the Water
Line Design had been changed as described in LT. Transmittal 37, Submittal
63 Partial". Telefax Message from Hughes Supply (vendor) to I.T. Corp.,
Re: Quote on supplies for changes in Water Line presented to I.T. Corp.
(Note: these actions were initiated while KEARNECO Grading was on-site,
contracted to perfonn water line installation and actively procuring supplies
for the project)
Letter of explanation to MAINLINE Supply Company; Mr. M. Ulman
authenticating that "1.T. changed the scope of work after the supplies were
purchased by KEARNECO Grading."
Reference Final invoice Item #5 justification is in order substantiated
as follows:
Accounting
Personnel
Equipment
1.5 days ~ $1368.00
1.5 days-Backhoe
1.5 days~ Remax and Tamper
Delivery of Rental Unit
Total
Negotiated Price
$2052.00
1020.00
300.00
200.00
$3,572.00
$3,575.00
' .... ,. 1"
FROM :PDKEARNEY FAX NO . :2522579411 Mar. 22 2002 08:06AM P7
Item #6 Damaoe To Water Main ---. -·------····-·· --·----·---------. e -·---· -· -. . .
Request this invoice remain in that KEARNECO Grading discovered . h." ( .. -W
the damage upon Remob to job site. Per giving notice.to LT.. personnel, k -
guidance was given that the damage occurred by (Attachment #4) concrete
truck traffic generated by Ellington and Son Grading. Justification for
compensation is as follows:
Accounting
Personnd $ 684.00 ........... , .. '. . . . '. ---.. , ..
Equipment
.5 day @1$1368.00
3. o hour~~ Backhoe ·•··· .......... , ..... ,. · ·21s .mr •·-··•· ·
Supplies
Total
Negotiated price
Item # 7 Installation of Back-Flow Preventer
40.00
$ 999.00
$1,000.00
Request for compensation on this item remains per the request made
in letter to your attention dated 19 Feb 02. In addition for authentication,
please find guidance relating to scope of new Water Main installation taken
from specification notes provided in a letter to KEARNECO Grading dated
l l Jan 01. (Attachment #3)
Accounting
Back-flow Preventer Installation Lump Sum $1,500.00
Item # 8 Delay Time
Reforence MEETING MINUTES 17 Sept 01, I<EARNECO Grading
gave notice of the approximate time the Six (6) inch water main would enter
the perimeter fence of the project site. The attendees at this meeting were
LT. site manager, LT. Engineer, I.T. Safoty Rep, and Pro·ect Owner Rep
from Earth Tech. None of these individuals deemed it appropriate to provide
KEARNECO Grading with any changes to the water line. As was previously
documented; by the close of business on 25 Sept 01, water main construction
had progressed forty (40) foet inside the perimeter fonce. Reference
:MEETING MINUTES dated 26 Sept O l; I.T. Corp. abn1ptly halts water line
constn1ction, directing KEARNECO to leave the construction site and to
Remob on job site 15 Oct 0 1.
FR>< NO. : 2522579411 Mar. 22 2[102 C,:~:: D7AM F"B
Further delay is realized in MEETING MINUTES dated 2 Oct 01 in
whi~h KEARNECO Grading is made aware of changes in the water main by
the S'tate and the Remob date has been extended to 22 Oct 0 1. On 5 Oct 0 1,
. --KEARNECO received MEETING MINUTES addressing the water line
redesign. An additional rendering of the proposed "New System" is
presented on 22 Oct 01 with additional feat ures.
At this point, KEARNECO Grading has become increasingly
concerned about completing this work, in that no work had been performed
since 25 Sept 01. Relevant to e-mail activity on Wednesday 12 Sept 0 1,
approximately 14:00 hours (2:00p.m.), we were very concerned about
·maintaining satisfactory progress on the·remaining portiorr·of.,.~r0rk .. After·---· ···
inquiring about completing the work, we were cleared to Remob on 5 Nov
01.
After water line construction was initiated, severe problems were
experienced due to the New Design.
i.e. Fire hydrant reconstruction and alignment due to changes in water
system design. Depth of water line was too deep for hydrant, water
meter with shut-off and backtlow preventer. As _a result of previous
design, soil conditions had been disturbed and conditions were not
favorable for setting fixtures. In addition, the fire hydrant required a
two (2) foot extension due to the new design. Additional equipment
was leased to prepare the soil bedding to receive the new system.
After corrections in alignment were achieved and the new system was
being installed, discovery was made of missing components necessary
in the system design. Of importance were missing components, water
meter, service saddle, pertinent hardware to tie-off components, etc.
After approximately three (3) days, wait for components to arrive,
some arrived with no gaskets for installation.
At this point, KEARNECO Grading was directed by LT. site manager to
commence component installation without key parts. The water meter was
the primary unit of initial installation, but no gaskets were made available to
complement the ''System Build Concept". Adhering to LT. directions, the
system was laid without critical components with guidance to insert these
components when they arrived at a later time. This proved disastrous when 1..·
the system was pressurized. KEARNECO Grading was delayed an
additional two (2) days procuring the proper component to plumb the ·
system. On 26 Nov O 1, we were able to test the system and initiate
chlorination test. What normally would have required approximately four (4)
days for completion, had required approximately fifteen (15) days for
completion.
FROM : PDKEARt·iE'r FA>< NO. : 2522579411 Mar. 22 2t:::nZ12 08: 08AM P9
As per the contract, page l of 6, paragraph B-Item 1; the conditions
-------as-speGit'ied-in "-AttachmentA " wer_e chang~d,_and-'K~/\RNECO Grading 1
experienced delay time approximately 2.5 days in duration; compensation is ( 'l 1\ · •
requested. ----------------··---~t.,,1 /J...
Accounting
Personnel
Equipment
2.5 days
2.5 days-Backhoe
2.5 days-Ramex
$3,420.00
1,600.00
523.5 0
Total
Negotiate price
,,.,,.... .. .. ........... .$~.,.~:~}J_Q -
$5,544.00
Item #9 Gravel for Parking Lot and Access Road
Actual "on-the-ground" area of road and parking lot is 22,986 sf, as
opposed to l 9,462.5 sf This equates to an adjusted tonnage (-47.48 tons for
rock deduction) of 585 tons @ $11.20 per ton; less cost of fabric, indicates
an additional due of$4,412.22.
Accounting
Square Footage:
Parking Lot =
Parking Area-
Parking Area=
Roadway==
22,986 X 6== 137,916
155 X 72= Jl,160sf
20 X 18= 360sf
37 X 18= 666sf
600 X 18= 10,800sf
22,986sf
324 equals 426
426 X 1.484 = 632 tons
632-47.48 (rock deduction)= 584.52 tons
585 tons X $11.20= $6,552.00
Geo Textile deduct--2,139.78
Total Due $4,412.22
j '? I
FROM :PDKEARNEY FAX NO . :2522579411 Mar. 22 20:Z12 [1:3 : 09AM P 10
Please find this information informative in support of Final Invoice
__ t\1_r _:)~)"y_i~~§_ag~_~<>i:k provided by KEARN:E:GQ _Gt-£tding to the w·arren
County PCB Landfill Project.
Cc:
Pat Backus, NCDENR
Jerry Armstrong, NCDOT, Civil Rights
Frank Rice, LT. Corp.
Anne Runheim, Attorney at Law
Paul D. Kearney
KEARNECO Grading
FROM :PDKEARNEY FAX NO. :2522579411 Mar. 2_2 2002 Ei8 : 09AM P11
e:kAo..,; t~o ~ c;t,1c1 -10
GJChO~o,._. , "-"O...·, \. r-,~{_
µe;tU O . . . 3 I\J__g O I • dQ
W)?
A-~ll~v4 j ~-;3 clvK_e Q -the ·, -t.~, Oup . c~A.. 3 August 2001
MEMORANDUM FOR RECORD
Subject: Invoice Dated; 27 July 01
Subject invoice was billed to IT Corporation identifying services performed by
KEARNECO Grading. Since the billing date, several concerns have risen relating to
subject billing; i.e. labor and equipment rental, supplies furnished and delivered onsite,
, bid and cost,· plus items. .. · .. -· ··· · · ··· ·,. · ·· ·· ·· -···· ~., ...... ·-· · -· TJ'7:';_,~;9~ ··
Reference the meeting 29 March 2001, IT office Morrisville, NC, the "9e:,ignor
Build" concept of construction was discussed. The minutes reflect that the project
design could and/or would probably change and "Change. Orders" would facilitate
additional task or services performed. During this meeting a construction entrance was
discussed, but no line item bid was requested by IT Corporation or implied by
KEARNECO Grading. Respectfully, the construction entrance designed subsequent
this meeting meet the design bulld criteria.
The 3/29 meeting also addresses possible 'Variances" by NCDENR. Reference
the subject; the following line item was omitted and will be billed on the August invoice:
• Wheat straw for temporary E&S for Tree Harvest -150 Bales@ 7.50 each
With respect to labor rates "for hire":
• Superintendent -45.00 hr.
• Foreman -30.00 hr.
• Operators -28.00 hr.
• Truck Drivers -25.00 hr.
• Laborers -15.00 hr.
Cited prices reflect a cost plus margin and do not include applicable accounting factors
for workers compensation, local, state and federal assessments. ·
Equipment rental rates are subject to prevailing market conditions and are
tailored to meet heavy cite clearing needs. Clearing operations that promote
productivity require heavier and higher horsepower assets. Equipment organic to
KEARNECO Grading meets this criteria. Equipment readily available through most
rental companies is average build, smaller and meet minimum horsepower
requirements. Respectfully our equipment rental rates will reflect this factor. Supplies
purchased and delivered will reflect a purchase and delivery price. The item
questioned; aggregate stone, reflects a per ton rate inclusive of pick-up, delivery and
accounting cost. Cost is also reflective of damage to equipment, i.e. ERO-GB is quoted
at $22.00 per ton as compared to NC #57 at $14.50 per ton due to less damage to
dump trucks. In addition these prices reflect hauling assets made available to IT
Corporation on demand with no wait time for delivery.
FRIJM :PDKEARNEY FAX t~IJ . : 2522579411 Mar. 22 2i2:1i2:12 13:3 : 10AM P 12
Please find these cited clarifications amenable to the scope of services provided.
As noted most of the services per subject invoice were "Design Build". However, some
-wert:fhorand refle-ct trre• line--item brd. ·· ----------------
It ill
FF'DM : PDr'.EARt-JEY FA>< HO. : 2522579411 Mar. 22 2002 ;JS: 10Ai·1 F"13
I ~~ur ~ 2.
usa wltn 772 DU-O-vue~ Envalapa -s.ives addr~s~ing tim~ Typewriter lab $!OP~
L I -l .. I -. ! I· -,11:~. •
PRODLJCT HlD
TERMS: NH 10TH
/,,,_/ To Reorder: 1--800-225-6380 or www.nebs.com
KEARNECO GRADING
Route 2 Box 14
WARRENTON , NC 27589
[phone]
MONTHLY 11/2% ANNUAL 18%
PLEASE D~TACI-• AN(l l'•GTUflN WITH VOUA AEMITTANc:r,
P-ALANCI:: FORWARD
~ .. 8~e?.F!. ..
~(? ······ .. /. ZP.8._tZ .....
KEARNECO GRADING
!
STATEMENT
$ _______ _
___ ., ~.·-•. I
I ·············r··
I ................... !.'"""
PAY LAST AMOur...n
lr.l 'fH!S' COLUrvlr~
FF'IJM : PDKEARNEY
January 11, 2001
Mr. Paul Kearney
Kearneco Grading
Route 2, Box 14
Warrenton, NC 27j89
Dear Mr. Kearny:
FA>< t---n : 2522579411
Re : Warren County PCB Lmd511 Detoxifica tion Project
Mar. 22 2002 08:ll fiM P14
IT Corporation
200 E-loi·faori Centt'r Boult:~'f!l'd
Tr~nron, NJ 08691-JtJO<J.
'fd 609.584.M00
Fnx. 609.588.6300
As yol.J ure aware,International Technology Corporation (IT) is the apparent low bidder on the
"Warren County PCB Landfill Detoxification Project.'' IT is requesting a best and final offer for
l) Clearing , Grubbing, Erosio.n Co ntro l and Grading services, II) Site Drainage and Plumbing
and Concrete services to be subcontracted at the Site.
You are requested to provide all labor, equipment and .material .required to perfo rm the follow ing
scope of work.
Thi;; wo rk sc.:opc is defined by drawings and amended ;5pecificati on referenced . Where there is a
conflict between the Drawing and tht Amended Spccifkations
.,;. .. _,· '·"'--""•.P·
Jn the referenced specification Section 02100 (Amended) the .. lill-~Y f nslall air monitoring equipment or to perform the bench mark relocations.
I) -Cleating, Grubbing, Erosion Control and Grading sctvices
1.0 Scope
1. Clear an<l grub the areas as shown in Drawing C-2.
2. Clear and grub a minimum of three late ral feet on either side of the proposed perimeter fence
as shown in Drawing C-3 . ·
3. Install erosion co ntrols as de~cribed in the drawings and specifications .
4. Ciracle the mea bounded by the west edge of the landfill and the north, south, and east site
boundary fence:'. location as shown in Drawing C-4 . This work includes excavating for the New
Lined Pond as shown in Drawing C~4. Excess soil ma.y be stored in the Stabilized Stockpile
Area shown in Drawing C-4.
FROM :PDKEARNEY FAX NO. :2522579411 Mar . 22 2012:12 O::::: 12AM P15
Section 01569, Envi ronmental Protection
Section O 1600, fvfaterial nnd Equipment
Section-0+ 7-00;-P---raj~ct Closeout
Secti on 01710, Cleaning
Section 0 l 720, Project Record Docl.lrnentation
Seclion 01800, Miscellaneous Work and Cleanup
Section 02050, Demolition
Se.ction 02100, Site Preparation
Section 02200, Earthwork
Section 02210, Site Grading
Section 02220, Excavating, Backfilling, and Compacting
Sqqtion 02232, Road Base
··secffo'ri '02240; Sti.tbili'ze'd' Subgrade ,. ...... · · .. L •I •N•"·' ............... ~,--.. ~·~,. ··•.
2.0 Pricing
3A-
Provide pricing for the defined scope of work. Your pricing shall include all labor,
materials and equipment required to perform the work in accordance with the documents
Ji sted above.
Pricing assumptions:
1. Work hours are 8 --10 hours per clay , 5 days per week.
2. Sanitary facilities will be provided by IT.
3.0 Schedule
Provide the following schedule information:
l. Days from Notice to Proceed until 11:i.obili:Lation .
2. Days from mobilization until cornpletion of clearing and grubbing activities.
J. Days from mobilization until completion of grading vvork.
4. Days from mobilization lmtil the hltul roads and parking lot are completed.
5. Days from mobilization until job completion.
ll) SHe Drainage/Plumbing, Concrete services
1.0 Scope
·,r-,,1. New Water Main
install the new water m~in as shown on drawings W-1, V./-2, and C-3. The work includes all
excavation and backfill, the cutting ancl restoration of pavement, connecting with the existing
water main, required coordinatioi-1 with Warren County, and all necesso.ry permits and
inspections. The work also includes tht! installation of tviO fire hydrant assemblies as shown on
drnwing C, 3. For purposes of interpreting the specifications the elevations in the areas shown on
drawing C-4 will be considered the final elevations. An el evation benchmark will be p rovided.
FROM :PDKEARNEY FAX NO. :2522579411 Mar . 22 2002 08:12AM P16
~7~ -4-=-~.
, ,j ~ ;s V) '-... J ~ '--f. t:: V\ ll, E-i;_, ~ --i-~-\ '
-~ ., -. '1.
;.
VIA FAX 3/6/02, FOLLOWUP BY REGULAR MAIL
March 6, 2002
Kearneco Grading
Route 2, Box 4
Warrenton, NC 27589
[phone] phone
[phone] fax
Attn: Mr. Paul Kearney, President
Dear Paul,
Confirming your telephone call to me this morning, you stated that you would supply the requested
documentation in 2 weeks. Based on that, we agreed that you will send it to me so that I receive it by the
close of business at 5 pm on Friday, March 22 at the following address:
IT Corp
200 Horizon Center Blvd
Trenton, NJ 08691-1904
Attn: Gary Duke
[phone]
After I have reviewed it I will contact you as to how we proceed from that point.
Sincerely,
IT Corp
Gary W. Duke, P.E.
Project Manager
cc by e-mail:
Mike Kelly, NCDENR
Pat Backus, NCDENR (also to forward to Jerry Armstrong at NCDOT)
Dollie BUIWell, Warren County Advisory Board
Loria Williams, County Manager, Warren County
Bill Gallagher, Williams Engineering
David Jaeger, IT Corp.
Duke file c: \nclf\purchasing\akearneco _ltr6.doc
IT Corp letters to Kearneco Grading
1 of 1
Subject: IT Corp letters to Kearneco Grading
Date: Mon, 4 Mar 2002 13:53 :43 -0800
From: "Duke, Gary W." <[e-mail]>
To: '"[e-mail]:"' <[e-mail]:>,
"Pat Backus (E-mail)" <[e-mail]>,
"Mike Kelly (E-mail)" <[e-mail]>,
"':[e-mail] :"' <:[e-mail] :>,
"' dollie. [e-mail]"' <dollie. burwell@mail. house. gov>
CC: "Bill Gallagher (E-mail)" <[e-mail]>,
"Jaeger, David E" <[e-mail]>,
"Waters, Reed" <[e-mail]>,
"Huff, Kevin J." <[e-mail]>
FYI, attached f iles a r e copies o f f ax of 2 letters just sent to Paul Kea r ney
<<akearneco ltr4 .doc>> <<akearneco ltr5 .doc>>
The fi r st i s in r esp onse t o his 2/19 l etter, which itself was in repl y to my
letter of 2/12 . This letter does not respond to t he i ssues raised i n his
2/28 fax o f his l ett ers dat ed 2/22 and 2/25, those are addressed in the
second lett er. Some of you are receiving this because you were copied by
Paul on his 2/25 l etter, but having both of my r eplies s h oul d give you a
better understanding of the issues . Fax copies o f previ ous correspondence
can be provided on request.
Please feel free to contact me at [phone] with any questi ons .
Gary Du ke
Proj ect Mana ge r
I T Corp
r··················,.·.···,.·.•.w.w.•.·,.·,.• . .,,, .......... , ...... ..,,..,,,, ........ ..,,r····..,,.·..,,,, .. , .. , .. ,..,,..,,..,, .. ,Name:"ikeaini:"co_:Jtr.i(cf oc..,,,,,,..,,,..,,..,, ................ ,,,, .. , .. ..,,,,..,, ...... ,,, .. , .. ..,, ...... , .... ,..,,..,, ... .,...·,.·,.·.w
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j 1:,."1 eameco 1 · oc1 Encoding: base64
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I I
I
jLl kearnec 1 ("1a .. o I~
Name: akearneco ltr5.doc •
ltrS d ! Type: Microsoft Word Document ( application/msword) •
· oc! Encoding: base64
\Download Status: Not downloaded with message
03/04/2002 5 :09 PM
VIA FAX 3/4/02, HARD COPY TO FOLLOW VIA REGULAR MAIL
March 4, 2002
Kearneco Grading
Route 2, Box 4
Warrenton, NC 27589
[phone] phone
[phone] fax
Attn: Mr. Paul Kearney, President
Dear Paul,
I have received the fax copy of your February 19 reply to my letter of February 12, 2002. Since you have
not responded to the phone message I left on your answering machine on February 25, I continue to
assume that the mailed copy of your reply, which I have not yet received, also consists of only your 3
page letter, with no attachments or enclosures of the supporting documentation which I had requested in
my letter of February 12.
I am extremely distressed that your reply letter provides very little new information and absolutely none
of the supporting documentation which I had requested in order to permit IT Corp to evaluate your claims
for items 1,2,5,6,8 or 9. A key element that is missing in virtually every case is any evidence that IT Corp
approved and directed, in writing, the alleged changes in the work for which you now seek compensation.
Such written direction is clearly required by section 2.B.2 of the Overriding Agreement which governs
your subcontract. Therefore, in accordance with the last paragraph ofmy letter of February 12, I must
consider that Kearneco Grading has waived its rights to further compensation on these issues.
With regard to item 3, interest, I stand by my previous response that any interest which may be due to you
will be calculated under the terms of the prime contact between IT Corp and NCDENR, specifically
General Conditions Article 17 b. That article sets the interest rate at 1 % per month, not the prime plus 1 %
which you request in your letter of February 19.
With regard to item 7, backflow preventer, I again stand by my previous reply. A backflow preventer was
clearly part of your subcontract scope of work, per the references cited in my letter of February 12. Since
your proposal did not exclude it, IT Corp reasonably assumed that the associated cost was included in
your base bid If that was not the case it is apparently due to a bidding error by Kearneco Grading for
which IT Corp assumes no responsibility.
With regard to item 4, your reply clarifies that the 2,400 cy consists of "organic soil". To the extent that
this may be true, it its largely because it was not completely grubbed, which was part of the work which
Kearneco Grading was to perform under line 2 of your purchase order and subcontract, clear and grub, for
which you have been paid in full. Had that work been completely and properly performed, this soil could
have been used as fill, especially in areas that did not require 95% compaction. Instead, you found it more
convenient to move this soil out of the work area so that the rest of the grading and compaction work
could be performed more easily. IT Corp agreed to allow this in an effort to help Kearneco Grading
regain some of the time which had been lost due to your failure to obtain an Erosion and Sediment
Control Permit in a timely manner, as required by item 1.1.C.l and section III, item lC of your
subcontract Scope of Work. We agreed despite the fact that removing this material from the grading mass
balance forced IT Corp to pay our surveying/engineering subcontractor to redesign portions of the site
grading plan to compensate for the "loss" of this material. The presence of this stockpile will also hinder
our future operations at the site, as it greatly reduces the available area in which to stockpile clean
overburden and treated soil from the landfill area. Despite these direct costs and future impacts on site
operations, IT Corp has not sought to backcharge Kearneco Grading but instead has allowed you to retain
the savings which resulted from the reduction in your grubbing effort.
Also in item 4, your reply states that IT Corp" ... changed the scope of the project", which" ... removed
my ability to recoup my cost". That scope reduction was done entirely in accordance with our September
13, 2001 Letter of Agreement, which your reply now attempts to repudiate. I am extremely offended at
your attempt to reject an agreement which was negotiated only after considerable effort by myself and
other members of the IT Corp project team, and which was done almost exclusively for the benefit of
Kearneco Grading, in recognition of your status as a local contractor.
To refresh your memory of the circumstances of that Letter of Agreement, may I remind you that at the
time you were already over 5 weeks past the August 6 date by which item III, Schedule of your Scope of
Work, required that you have completed all of your site work sufficiently to allow others unimpeded
access to place the stone base for the concrete pad. By any reasonable estimate you still had several weeks
of grading work left to perform and you had not even started on the water line, access road and parking
lot, and significant portions of the permanent E&S features. IT Corp therefore had more than adequate
cause to initiate proceedings to declare Keameco Grading in default in accordance with section 3 of the
Overriding Agreement which governs your subcontract. Had we done so you would have had no
opportunity to perform the water line, access road, or E&S work, and would have been liable to IT Corp
for the additional costs of having that work and the remainder of the grading performed by others. I
clearly recall your desire, stated to me in site meetings and subsequent telephone conversations, that we
not take this action as you did not wish to have a termination for default on your record. You also stated
your belief that you could perform the water line, access road, and E&S work for your subcontract prices
at a profit, which would allow you to at least in part recoup your costs for the grading work performed up
to that time.
In accordance with your strongly stated wishes IT Corp decided to forego taking take the unilateral action
of termination, justified though it may have been. Instead, we offered and you accepted, after
considerable negotiation, the September 13 Letter of Agreement. Under that Agreement you retained the
right to perform all of your remaining scope of work except the balance of the grading activity, which
should have allowed you to recoup at least some of your costs. Furthermore, IT Corp has made no attempt
to date to recover from Kearneco Grading the additional costs incurred by IT Corp as a result of having to
subcontract another firm to complete the balance of the grading work.
To summarize my response to your item 4, I find your arguments without merit and reject any payment
for this issue. I feel that IT Corp has been more than generous to this point in not backcharging Kearneco
Grading for either the direct costs incurred to date or the future inconvenience caused by having a 2,400
cy stockpile in the way of our operations.
In conclusion, let me express my regret that the relationship between our firms has reached its present
lamentable state. IT Corp has made every effort to support your work, including often paying you well
ahead of the terms of either our prime contract with NCDENR or our subcontract with you. Despite our
own financial difficulties this favorable treatment continued through September, 2001, despite significant
failures to perform on the part of Kearneco Grading that would ordinarily have justified termination for
default on at least 3 separate occasions prior to that time. I refer to your failure to provide perfonnance
and payment bonds within 2 weeks of receipt of subcontract (Scope of Work section III, item 8), failure to
obtain E&S pennit 2 weeks prior to scheduled start of work (SOW section III, item lC) and the
aforementioned failure to complete all site work sufficiently to allow others unimpeded access to place
the stone base for the concrete pad by August 4 (SOW section III, items 2 to 7). I might also point out that
under section 7 of the Overriding Agreement governing your subcontract IT Corp had no obligation to
make any payments until adequate performance and payment bonds were furnished by Kearneco Grading,
an event which has never occurred.
All of the above deadlines were personally negotiated with and agreed to by you prior to issuing the
subcontract, they were not unreasonably imposed by IT Corp. Although under no contractual obligation to
do so, IT Corp has so far forgiven these failures and made no attempt to recoup the considerable
additional costs incurred from Kearneco Grading. While I am not nai:Ve enough to expect expressions of
gratitude in return I certainly did not expect to receive a "final invoice" that includes over $50,000 of new
charges, many of which are based on what I view to be highly questionable grounds and virtually none of
which are supported by the types of cost documentation which not only are routinely supplied in such
situations but which would be absolutely required by the terms of our prime contract with NCDENR if IT
Corp were to attempt to recover these costs from NCDENR through the change order process.
Should you insist on pursuing this matter further, all correspondence should be sent to my attention at:
IT Corp
200 Horizon Center Blvd
Trenton, NJ 08691-1904
Attn: Gary Duke
As an alternative, items can be faxed to me at [phone] with followup via mail.
Sincerely,
Gary W. Duke, P.E.
Project Manager
[phone]
cc by e-mail:
Pat Backus, NCDENR
Bill Gallagher, Williams Engineering
David Jaeger, IT Corp.
Duke file c: \nclf\purchasing\akearneco _ltr4.doc
VIA FAX 3/4/02, HARD COPY TO FOLLOW VIA REGULAR MAIL
March 4, 2002
Kearneco Grading
Route 2, Box 4
Warrenton, NC 27589
[phone] phone
[phone] fax
Attn: Mr. Paul Kearney, President
Dear Paul,
On February 28 I received via fax both your February 22 addendum to your letter of February 19 and
your letter of February 25, this letter is in response to the issues raised in both of those documents.
First, let me note that I have not received the originals of your letter of February 19 or any subsequent
correspondence. Since the mail service appears to be unusually slow and we are relying on faxed copies I
request that when you fax me anything you follow it up with a phone call to me at [phone] to tell
me the fax was sent. Likewise, I will leave you a message at [phone] after faxing you. In this way
we will both know to expect faxes and can contact the other if they are not received due to transmission
errors or other problems.
With regard to your addendum of February 22, the only asset that should have been required by my letter
of February 12 was a copying machine to copy the documentation should already be in your possession. I
assume you own one, and if not there are two copying services located in Henderson listed in your local
Yellow Pages, as well as whatever firms may be located in Warrenton. Therefore I can see no valid
reason for not complying with my request for the documentation which not only is routinely supplied in
such situations but which would be absolutely required by the terms of our prime contract with NCDENR
if IT Corp were to attempt to recover these costs from NCDENR through the change order process.
You February 22 addendum also requests that we meet on site to " ... endorse these matters through
documentation". At this time I do not expect to be on site until some time in April at the earliest, which I
am sure you will agree is too long to leave these matters unresolved. However, I see no point to any
meeting W1til I receive and have adequately reviewed the requested documentation. This would be
necessary in any case and is of even greater importance in view of your letter of February 25, which
threatens a variety of legal actions. In view of that threat I am certainly not in a position to negotiate
productively W1til the factual basis of your claims, as supported by written documentation, is reviewed by
both myself and ITCorp's contract administration and legal departments.
If the documentation does not exist or if you are unwilling to provide it then, to put it blW1tly, you have no
case that would be considered by either myself or any reasonable third party. If you do intend to provide it
then there is no need to wait for a meeting to do so, and it is in the interests of all involved for you to
supply it as soon as possible. PLEASE CONTACT ME BY PHONE AT [phone] NOT LATER
THAN NOON ON WEDNESDAY, MARCH 6 TO CONFIRM THAT YOU INTEND TO
PROVIDE THE DOCUMENTATION AND ADVISE WHAT DATE YOU ARE WILLING TO
COMMIT TO FOR MY RECEIPT OF IT. I have a conference call with NCDENR and others that
afternoon and the status of your subcontract is scheduled to be a topic of discussion.
With regard to your letter of February 25, the first paragraph states that I directed at our December 7,
2001 meeting that you provide "final invoices". That is only partially correct and is W1doubtedly
misleading to a number of the people you chose to copy on that letter. To clarify for their benefit as well
as to refresh your memory, I told you that two invoices would be required for the W1disputed balance of
your contract, which totals $50,813.77.
The first invoice, for $30,800, was faxed to me on December 19 and entered for processing. As I told you
at that time, I expected it to be paid in January. However, our January 16 filing for Chapter 11 bankruptcy
has delayed that payment.
The second invoice, for the W1disputed balance of $20,013.77, is to be submitted after you receive
payment of the first invoice and use the proceeds to pay all of the subcontractors and vendors you used on
this project. I instructed you to obtain final releases of lien from these vendors and submit them, along
with a conditional final release of lien from Kearneco Grading, with the second invoice, which I would
then be able to approve. Copies of the release of lien forms were provided to you at the December 7
meeting. I must point out that this "split invoicing" and its impact on your cash flow would not have been
necessary had Kearneco Grading provided the performance and payment bonds required by yom
subcontract. However, in the absence of the payment bond which you refused to obtain it is necessary for
IT Corp to retain a portion of your final payment in order to ensure that all of your vendors are paid. I
recall informing you of this at om meeting last summer when you first informed me of yom decision to
not provide the bonds, and I pointed out that you would likely need to obtain a larger line of credit from
your bank to offset the impact on your cash flow.
With regard to disputed charges, the only item which you had notified me of as of the December 7
meeting related to the fall demob/remob for the water line work, which is now items 1 and 2 of the
disputed items list. You had verbally proposed the figure of $10,000.00 to our site superintendent, Mr.
William Gallagher. I told you that this seemed excessive in view of the fact that the demobilization of all
of your equipment was covered by your base contract, and that this item was only intended to cover the
remob and later demob of the equipment which was returned to the site for the water line and access road
work. From our records, it appears that this involved the movement of only 5 pieces of equipment
(JD644C loader, Case 580 backhoe, Galion T-500 grader, dump truck and service truck), which to my
knowledge were only moved the 2-3 miles each way to your home. You stated that some of it went
further, to other job sites, and that you would have to look up your records on this. I told you to submit
that information when it was available so that we could negotiate a fair cost for this work in time to issue
the necessary change order to your subcontract and so allow you to add it to the $20,013.77 portion of
your final invoice.
At no time since then, despite repeated verbal and written requests, have you provided any further
information on this matter. Your only response to date has been to invoice $13,525.00 on your January 25
"final invoice", which also included an additional $40,307.97 of what you identified as "disputed line
items" that were never discussed at our December 7 closeout meeting. From various statements made in
your correspondence, including your letter of February 25, it appears that you are under the impression
that the only action required on your part to collect these disputed amounts is to submit an invoice with
whatever dollar amount you feel is appropriate, with no documentation to show the contractual basis for
the additional charge (such as written direction to perform it), documentation as to the amount or type of
work performed ( such as daily time sheets witnessed by an IT Corp representative), or any supporting
documents (such as payroll records or vendor invoices) to show the actual costs incurred by Keameco
Grading. If that is indeed your understanding I can assure you that it is seriously in error and that at no
time did I or any other representative of IT Corp tell you that merely submitting an undocumented invoice
for a disputed item that in most cases had never even been discussed would ensure payment.
The second paragraph of your letter of February 25 incorrectly states that the most recent invoice paid by
IT Corp was for your invoice dated September 27, 2001. We agree that that was paid; However, our
records show that you also received payment for the subsequent invoice, dated November 2, 2001, in the
amount of$13,000.00, for work performed in October. This was paid by check #4094910, dated
December 5, 2001. The only unpaid invoice is the December 19 invoice for $30,800.00 discussed above.
The third paragraph of your letter of February 25 states that your invoice of December 19 for $30,800.00
has not been honored. You further incorrectly state that I alleged this was placed in a hold status until
resolution of all disputes. As explained above, we do not dispute the invoice but payment has been
delayed by the bankruptcy proceedings, it is in no way connected to resolution of the disputed items.
Even your future invoice for the balance of the undisputed work should not be impacted in that the
conditional release of lien to be submitted by Kearneco Grading with that invoice has a place to enter
disputed amounts.
The fourth paragraph of your letter of February 25 states that you are considering obtaining legal counsel
regarding bonding claims, legal suits, a lien on the project, etc. If you are seriously considering any of
these options then obtaining competent legal counsel is an excellent idea that I wholly endorse. In the
following paragraphs I mention some issues that your counsel will need to be aware of before deciding on
a course of action.
I am well aware that you have been in contact with our bonding company, and encourage you to promptly
fill out and submit the claim forms they sent you, if you have not already done so, to the extent that they
apply to the undisputed amounts. While I do not expect this to be necessary it is certainly within your
rights and it does no harm to protect your legitimate interests to the maximum extent possible. IT Corp
has advised several of our other vendors to take this reasonable precaution. However, I do not believe that
you can reasonably expect payment from them for the disputed amounts without providing documentation
of the type I have requested. If you do intend to provide that documentation then it is likely that the fastest
way to get paid is to submit it directly to me, although you are welcome to copy the bonding company on
anything that you wish to bring to their attention. IT Corp will oppose any payments by the bonding
company for disputed amounts without our agreement, which will not be forthcoming unless we receive
the requested documentation and subsequently negotiate a mutually satisfactory settlement for all of the
disputed items, as evidenced by a signed change order and final release of lien.
With regard to legal suits, allow me to point out that the disputes procedure for your subcontract is clearly
described in section 26 of the IT Corporation Work Agreement, which you signed on March 15 , 2001. It
provides that any dispute not settled through negotiation or other mutually agreed alternative dispute
resolution shall be settled by binding arbitration and that this arbitration, unless mutually agreed
otherwise, shall be conducted in Pittsburgh, PA. An agreement to arbitrate would preclude any action in a
local court, as your letter seems to imply you intend to do.
Upon filing a petition in bankruptcy, as IT Corp has done, the automatic stay precludes the filing of any
legal actions by you, including the arbitration that would otherwise be permitted by your subcontract,
tmless you request and receive relief from the automatic stay from the bankruptcy court.
Should you insist on pursuing this matter further, all correspondence should be sent to my attention at:
IT Corp
200 Horizon Center Blvd
Trenton, NJ 08691-1904
Attn: Gary Duke
As an alternative, items can be faxed to me at [phone] with followup via mail.
Sincerely,
Gary W. Duke, P.E.
Project Manager
[phone]
cc by e-mail:
Mike Kelly, NCDENR
Pat Backus, NCDENR
Jerry Armstrong, NCDOT, Civil Rights Section
Dollie Brnwell, Warren County Advisory Board
Loria Williams, County Manager, Warren County
Bill Gallagher, Williams Engineering
David Jaeger, IT Corp.
Duke file c: \nclf\purchasing\akeameco _ltr5 .doc
FROM :PDKEARNEY FAX NO. :2522579411 Feb. 28 2002 11:09PM P2
IT Corporation
200 Horizon Center Boulevard
Trenton, NJ 08691·1904 ...
A TfN: Gary Duke~ Project Manager
Dear Gary,
25 Feb 02
KEARNECO Grading
Rt. 2, Box 14
Warrento~ NC 27589
In furtherance of my second request for approval of final payment for
services provided to IT Corporation, I find it necessary for additional
documentation. Per your direction at our 7 Dec O 1 close-out meeting,
KEARNECO Grading was to provide FINAL INVOICES for supplies and
services provided. That invoice was provided 25 Jan 02. You requested
additional information with a 'waive all rights' deadline of22 Feb 02. These
invoices were all provided with an addendum.
The most recent invoice submitted by KEARNECO Grading that was paid in
full by IT Corporation was dated 27 Sept O 1 for work performed 3ffAug O 1
through 27 Sept 01.
The invoice dated 19 Dec O 1 for services performed in Nov O 1, was not
honored. You indicated possible payment early Jan 02. This payment, along
with final billings which include interest on other LA TE PAYMENTS, has
been alleged by you as being placed in a "HOLD" status, until resolution of
all disputes between IT Corporation and KEARNECO Grading.
This is unacceptable. In view of the recent series of events relevant to these
:matters, i.e. LATE/NON-PAYMENT of invoices, 16 Jan 02-bankruptcy
..announcement, rejection of final invoices, KEARNECO Grading is
<:0nsidering Legal Counsel concerning matters i.e. bonding claims, legal
suits, lien on PCB Project site, etc.
FROM :PDKEARNEY FAX NO. :2522579411 Feb. 28 2002 11:10PM P3
Please advise KEARNECO Grading on timeline reference the above items
-as soon as possible. If satisfactory information is not received timely, we
will be forced by our suppliers and creditors to initiate legal actions.
Cc: Mike Kelly, NCDENR . ·········-·-··•·-···-····-··-···•·····-.. ·
Jerry Armstrong, NC DeptofTransportation, Civil Rights Section
Dollie Burwell, Warren County Advisory Board
Loria Williams, Warren County Commission
Frank C. Rice, VP Procurement, IT Corporation
FROM : PDKEARt'-lEY FAX NO. :2522579411
ADDENDUM
To LTR dated 19 Feb 02
IT Corporation
200 Horizon Center Boulevard
Trenton, NJ 08691-1904
ATTN: Gary Duke
Gary,
Feb . 28 2002 11 : 10PM P4
22 Feb 02
Rt. 2, Box 14
Warrenton, NC 27589
., '. ·'···•--•~'-'-.. ,. .• _.,...,. ........... ·-· -••4••--.............. __ ......... ..
Please be advised that the "waive all rights" deadline of22 Feb 02 does not
allow sufficient time to mobilize the necessary asset to address the demands
of your 12 Feb 02 request. Request notification when KEARNECO Grading
can meet on site with IT Corporation to endorse these matters through
documentations.
PaulD. Kearney
KEARNECO Gradillg
FROM :PDKERRNEY FRX t~O. : 2522579411 Feb. 28 2002 11:11PM PS
VIA f 1122 Fehraary 02-Bani capy lo follow VIA Postal Serrice
19 Feb 02
Rt. 2, Box 14
Warrenton, NC 27589
200 Horizon Center Boulevard
Trenton, NJ 08691-1904
Attn: Gary Duke
G -.... ··············-.. •-·••-···-•· ,_,. ______ ................. --...... , ...... . ary,
I received your letter dated 12 February 02. I reply to your request as
follows:
Item # 1 and Item #2 DEMOB and REMOB
I was directed by you to cease all operations as defined in my
purchase order #17087 for your convenience. You advise me that you w ould
compensate KEARNECO Grading demobilization to remove men and
equipment and when notified to return; you would pay remobilization.
In my final invoice, I requested $13,525.00 (thirteen-thousand .. fi ve-
hundred-twenty-five dollars), for mobilization cost. This is substantially less
than the original request in which you honored for $20,000.00 (twenty-
thousand doJlars). In addition, the original MOB was a one-time move. The
mobilization you directed was a move out and move back on the job site.
My invoice remains the same for DEMOB/REMOB.
Item #3 INTEREST
I concur with the status. As you so stated, "all future payments to
KEARNECO Grading are not known At such time, when those payments
along with this statement are paid"; I am hereby requesting interest on these
payments: prime plus one per-cent (1%).
Item #4 GRADING
This request remains the same. The two-hundred-eighty five and one-
half (285 .5) cy was cut and placed by KEARNECO Grading and we
requested payment. Twenty-four Hundred (2400) cy of organic soil was
stripped to make available suitable fill material. Had you allowed
KEARNECO Grading to complete the grading, we could have re-coup the
expense for the stripping operation.
FROM :PDKEARNEY FAX NO. . : 2522579411 Feb. 28 2002 11:11PM P6
•' ,, .. :, ..... -··-•,",·\
The unit rate is ten dollars ($10.00) cy. This rate is not competitive in
-that this was a single task activity. As previously stated, for your
convenience, you changed the scope of the project. KEARNECO Grading
had secured three (3) TEREX FOURTEEN (14) CY SCRAPPERS to .. -
achieve the stripping. You removed my ability to recoup my cost.
Attachment #2 to your reply addresses grading quantities. This
attachment is not complete in that you refused to direct your surveyor to
calculate quantities stripped. KEARNECO Grading hired the services to be
. , provided by another surveyor . . ,
September 13, "Letter of Agreement''
This letter is misleading as to its content, affective date; and does not
reflect the true intention of alJ parties involved.
Item #S WATER MAIN
This requested item invoiced remains. The change order was directed
and documented in daily reports directed to KEARNECO Grading. As I
stated in our meeting on 7 December, final invoices would be provided.
Item #6 DAMAGE TO WATER MAIN
This invoice remains in that the main was damaged and KEARNECO
Grading has photographs to supports this claim. As was stated in our
December meeting, per your directions final invoices are provided.
Item #7 INSTALL BACK-FLOW PREVENTOR
This invoice remains in that a change order was directed by you for
installation of a combination WATER METER ( of which I. T. Corp. has
compensated KEARNECO Grading, five-hundred dollars-$500.00) and
BACK-FLOW PREVENTOR of which has not been paid. The base bid did
not include the installation of a separate "stand along" BACK FLO W
PREVENTOR.
Item #8 DELAY TIME
This invoice item remains in that ~onsiderable man and equipment
hours were exhausted due to errors in ordering supplies by I.T. for change
order on water line installation KEARNECO Grading indicated that a "Final
invoice,, would be provided~
FF='.CIM : PDKEARNEY FAX NO. :2522579411 Feb. 28 2002 11 :12PM P7
_ _ _ _ Item #9 ADDITIONAL GRA V~I:,-FOR PARKING LOT AND ACCESS ROAD ------------
This invoice item remains in that KEARNECO Grading has
purchased delivered cited aggregate material. We suggest your verify the
actual "on the ground" dimensions as we have for your verification.
I thank you tor your time and consideration in this matter
ING
cc by fax
Pat Backus, NCDENR
FF:OM : PDKEHRNEY FAX NO. :2522579411 Feb. 28 2002 11 :08PM Pl
IEARNECO GRADING
TO:
Mike Kelly
C/0 Pat Backus
NCDENR
t•HONC: Nl..!MBER.:
0 tJllGEN'l' ei liOR REVlF.W
NOTES/COMMENTS:
FROM:
PAUL D. KEARNEY
Route 2, Box 14
Wan:re:nton, NC 27589
DATE:
28 Feb 02
·1'0TAI. NO. OF PAGE$ INCLUDING COVER:
SENDER'S REFEJtENCE NUMS£R:
[phone]
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YOUR RF.FhR.S.NCP. NUMBER:
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Fax: 91S-715-35:-5
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Date: 3 / I / O :J._,
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• the'4figroup
ITCorpor.
200 Horizon C nter Boulcwud
Trenton, NJ 08 91,1904
Tel. 609,584.8 0
hT.. 609.588.6 0
Gt()Up
VIA FAX 2/12/02, HARD COPY TO FOLLOW,VIA REGULAR MAIL
. February 12, 2002
Kearneco Grading
Route 2, Box 4
Warrenton, NC 27589
[phone] phone
[phone] fax
Attn: Mr. Paul Kearney, President
Dear Paul,
In response to your "Application for Final Payment'' of January 25, 2002, please be ad sed that I cannot
accept or approve this invoice in its present fonn since it includes $53,832.97 in charge which you note
as disputed. In foct, most of these items appear for the first time here and are complete! lacking in
supporting documentation as to both the issues involved and the associated costs. I hav marked up a
copy of your application by adding reference numbers to the left of each item. A copy the marked up
application is enclosed as Attachment #1, and my responses to each issue can be found
1. DEMOB -This proposed charge for $8,025.00 appears to relate to the demob/rem b you experienced
in October/November of 2001 during your work on the water line. As discussed in ur December 7,
2001 meeting, you were to submit your proposal for this item, including an itemiza ion of the
· · associai:.t:d·'IXJSts-in ·sufficient detail to· pennit them to-be verified as applicable. and asonable. I have
asked you on several occasions since then for this information. Instead you applica ion references a
lump sum plus other items, including interest. No lump surn has ever been agreed on, interest will
be paid only in accordance with the terms of the prime contract (see item 3 below), and you still have
provided no breakdovm of the additional labor or equipment costs. I cannot consid · r approving any
additional charges for this issue until such an itemized breakdown is provided and greed to. Please
provide this information not later than 4 pm on Friday, February 22, 2002.
STATUS: HOLD, pending submissiott of itemized costs by Kearneco Grading
2, REMOB-This proposed charge for $5,500.00 references an August 3, 2001 mern randum for
record. That memorandum relates primarily to changes in scope for the E&S work o be performed
under line 3 of your purchase order. On August 10, 2001 we agreed to a settlement for this issue in
the lump sUm amount of $5,000. Subsequent to that our Mr. Bill Gallagher paid a tor repair
2t'E.'OIJ Wd90:t-2002'21'83j
invoice for you in the amount of $4 71.02, The balance of $4,528.98 was added to yo r purchase ~rder
in Amendment #1 as a new P.O. line #10. You showed this amount on line 3 of your ugust 29, 2001
invoice, which was paid on or about September 7, 2001.
STATUS: REJECTED, already paid.
3. INTER.EST -Proposed charges of $710.00 shown. As stated in item S of my letter o January 24,
2002, interest due to you under the terms of the prime contract may be calculated an paid separately
once the actual dates of all future payments to you me known
STATUS: HOLD, for resolution of all disputes.
4. GRADING-Proposed charges of$25,SS1.00 shown, based on 285.S cy cut and pta ed and 2,400 cy
s1lipped, It is not stated whnt work this item relates to, so I am forced to assume that ·t involved the
grading work performed under line S of your purchase ordor. Attachment 2 to this 1 er shows the
calculation of your final grading quantities, in accordance with the September 13, 2 1 letter of
agreement regarding reduction in your scope ofwotk for that item. 1t shows a total 3,354 cy, which
is in excess of the amourtt you now claltn. The associated charges of $21,207.20 we applied to your
original P .0. line #5 arnotttlt of $78,400.00, ahd the unused balance of $S2, 192.80 deducted from
the purchase order in Amettdment #2 on new P.O. line #15. 0fthe $21,207.20 appr ed, $14,739.20
was already paid on line 2 of your August 29, 2001 invoice, which was paid on or a out September 7,
2001. The outstanding balance of $6,468.00 has already been included in the appro d fig1.1res for
final payment (see item 10 below) that we discussed on December 7, 2001 1 and sbo ld not be
duplicated here as a disputed item. I must point out that the reason your proposed c ge exceeds the
dollar amount previously agreed to is that you pr1Jpose a charge of $24,000.00 for 2, 00 cy of
stripping. TI1e implied unit rate of $10,00/cy is weJI in excess of the rates used in yo r origlna1 .
proposal and purchase order, which were less than $6.00/cy. Even ifwc were to agr e to quantities in
excess of the 3,354 cy already approved, I can assure you that we would not agree t pay for them at a
rate almost double that previously agreed to,
. S'.f.AT.JJB; .. M.Jllf:T..~)).,. ~!re_a_4.y __ ~gi:,~e-~ .. 1:J. . .9~atlf!!i_e~ -~1:1 _!~<:_~s-~_of. those cla~med'.
5. WATER MAIN -Your application does not make it clear why you consider this to e a change order.
Furthe11nore, you never provided written notice of this as a change and you never ntioned it at our
closeout meeting on December 7, This lack of ttoticc is in violation of paragraph 2. .2 of the
Overriding Agreement dated April 24, 2001, which governs your subcontract, there ore I must reject
your claim for this amount. If you wish to dispute this please provide dated copies the letter ore~
mail by ·which you notified an authorized reptcschtative of IT Corp of the issues. A o provide an
itemized cost breakdown in sufficient detail to permit us to verify the reaso11ablene of the proposed
charge of $5,544.00. Please provide this info.t1t1ntioh not later than 4 pm on Friday1 ebruary 22,
2002.
STATUS: REJECTED, Jack of timely notice,
0T /E'd Wd90:~ 2002'2T'83j
6. DAMAGE TO WATER MAIN-Your apPlijs.tion states that Ellington Grading dam ged the water
main. Neither Bill Gallagher nor I have any · owledge of the alleged damage, and y u never
mentioned it at out closeout meeting on mbet 7. This lack of notice is in viols.ti n of paragraph
2.B.2 of the Overriding Agreement dated A il 24, 2001, which governs your subco tract. In
addition, had Ellington caused such damage e would have verified it and asked tha they repair it or
reimburse IT Corp for the cost ofha_ving yo tepEiir it, ifwe had elected to have you orm the
repairs. In the absence of any previous noti ftotti you regarding such damage we h ve already
negotiated the final amount of our purchase rdet and subcontract with Ellington & ons. Since lack
of timely notice from you has effectively prevented us from recovering the cost ft Ellington I must
reject your claim for this amount. If you wi+ to dispute this please provide dated co ics of the letter
or e-mail by which you notified an authorized tci;tesentative of IT Corp of the dam e, Also provide
an itemized cost breakdown in sufficient det~il to pennit us to verify the reasonable ss of the
proposed charge of $1,000.00. Please provide this ihfonnation not tater than 4 pm o Friday,
February 22, 2002. l
StATIJS: REJECTED, lack of timely n•r••
7. INS"f ALL BACKFLOW PREVENTE~ -Tris is not extra work. Only one backflo preventer was
installed, and one is clearly shown on spcci1cation Drawing W-3, and so was to be eluded in your
bid price for your purchaso order line #6 (r~r rence item 1.6.A of the Scope ofWor
Attachment A to the Overriding Agteement1dated April 24, 2001 , which governs y subcontract).
STATUS: REJECTED, work wns part oj bWle bid.
8, DELAY TIME w Your application states IT: Corp caused delays by incorrect orderi g of change order
supplies. It is not stated what work this ite, relates to, so I atn forced to assume tha it involved the
water line wotk performed under line 6 of rput purchase order. :Neither Bill Gatlng er nor I have
received any previous written notice of thes~ de1nys, and you never mentioned the i sue at our
.. closeoJJ.LT1J.c.eiing,.1:,J1.0.~cJ~.t11.bJr..7 ... JN~l~~~;qf ~oti~e .i~ J!! 0V.i2!~~~n ~f paragraph 2, .2 of the
Overriding Agreement dated April 24, 200~, which governs your sUbcontract, there ore I must reject I your claim for this amount. If you wish to cff spute this please provide dated copies the letter or e-
mail by which you notified an authorized representntive ofIT Corp of the delays. A so provide an
I itemized cost breakdown in sufficient detait to r,ertnit us to verify the reasonablene of the proposed
charge of $5 ,544.00. Please provide this information not later than _4 pm on Friday, ebruary 22,
2002,
STATUS: REJECTED, lack of timely notice.
9. GRAVEL FOR PARKING LOT AND ACCESS ROAD-On January 23 and 24 had a series of
communications in which you asked me to arrange access to the site for you to rem asure some work.
In item 7 of tny January 24 letter to you I agreed to ailow Dennis Jones of Earth Te witness these
2r6 ·rn-J Wd90 :p 2002 '21 '83j
measurements on behalf of IT Corp. This was done solely as a courtesy to you, since ou had not
notified us of any need for remeasurement at our December 7 closeout meoting. D 's subsequently
met you and your surveyor at the site. By his account, he spent much of the time ob rving the
surveyor measure the soil stockpile at the north ettd of the landfill. Later in the day h asked you
when you wanted to measure the gravel road and parking lot area, and you replied th t you had
already paced it off. In the s.bsence of accurate, witnessed measurements I must reje your claim. If
you wish to dispute this please provide the following infonnation:
a. Sketch or drawing showing your ttteasuretncnts
b. Calculations showing how you used measUtctt1ents to calculate square feet
c. calculations showing how you converted square feet to tons
d: copies of stone supplier's weigh tickets and invoices showing acturu number tons of gravel
used in the road and parking lot and associated sale and delivety charges.
e. calculations showing breakdown of stone irtsta1lation charge and credit for fa
Please provide this infonnation not later than 4 pm on Friday, February 22, 2002. B
even if you choose to submit this infotmation, no adjustment to your contract ptice
the .tneasuretnents a.re independently verified by !ll1 authoriied representative of IT
ic.
advised that
'11 be made until
rp. This
ver1fica.tion will be performed at the convenience of IT Corp, with a minimum of 48 hours advance
notice provided to you so that you may witness the measurements if you choose to so.
STATUS: REJECTED, measurements, qua11tities nnd costs not ver11led.
10. PER OUTBRIEF 11/29/01-The proposed total of $50,813.77 is the amount discus. ed at our meeting
on December 7, 2001. Any amounts ultimately agreed to for items 1 through 9 abov would be
adjustments to this figure.
STATUS: AGREED to as base amount outstanding on purchase order throng Amend111ent #2,
P.O. lines #1 through 15.
I will look forward to receipt of any of the requested documentation that you decide to vide, to be
rece.iv.ed.noU8t~t.thim.-4.pm.o~_frjg.~y,_ff?~~n.n'1~, 2.99~.)f.~!i.sf~c~~cy informa~!on is ot received by
that time I will consider that Kcarneco Grading has waived its righu to further compens tion on the
associated issues.
All correspondence should be sent to my attention at!
IT Corp
200 Horizon Center Blvd
Trenton, NJ 08691~1904
Attn: Gary Duke
As an altemativc, items can be faxed to me at [phone],
Wdl0 :v 2002 '21'83~
Please do NOT send foxes or mail to the Monroeville, PA address; as this caUSes unnece ary confusion
and potential loss or delay in processing.
Sincerely,
G~P.~~~
Project Manager
(609) 588-63 73
attachments:
1. Marked up copy ofKeameco Grading 1/25/02 "Application for Final Payment"
2. Keameco Grading Quantities ·
cc 1:,y fax w/ attachments:
Pat Backus, NCDENR
Bill Gallagher, Witliams Engineering
Dukefile c :\nclf\purchasing\akearneco _ltr3 .doc
0T/9'd 2176 'Clt-J WdL0:~ 2002'21'83j
I
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KEARNECO GRADIN~:
Route 2 Bch, 14 ii
WA~RENTON1 NC 27589 /!
[phone] ;!
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,,__ _____ _
' 200 Hor Ctr Beul, Trenton, NJ ___ , ___ ,. ___ _,,;.,__.., ____ ..;;-. ________ _
Nt'T 10TH
MONTHLV 1¼96 ANNUAL 189& .
~i.1.-oa t:lETACM AND llle11./RM Wlfi.l VOUPI Jl\llr.t1TTANCE
" ~ 19Al..ANC!i FO~WAPlb V
r
Proj. # 823851 Vendor# 540300. -•-•-•lo••I,..,,,.,. ... ..,, .. , ______ , ____ _.,.,., "f"-"1~---~-
P.O. # 1 0847 (1282755) --·--·--··-··· --·---.. -·--------· ----H -i.---,j,.,--;
-----I• --~,._ ............................. -·-~-.... -...... --J
Final Billing ii
.. 1--, .... --............ ,,_ .. , ............ _,_,,,,_,,, ... _____ , .. ____ , .. --i-----,,
:j
___ Disputed__!ine item_~~------i
I ··-······-·"'····· ... -, .... ,., ....................... , __ ....... , .. _____ .,, _____ , .... ~ -----+---
·-·-I. ..
kEARNECO GRADING
613 70 .
832 97
646 74
-6
PAV I.UT ~Ol.lNT tN THIii COL.Uli,IN
•
WdL0:v 2002"21"83j
Subcontract:
Vendor:
Project No.:
DEMOB:
KEARNECO Grading
Warrenton, NC 27589
Application For Final Payment
170847
5403002
823851
Off-site transition to alternate job including lump sUtn plus elay time;
additional man hours; interest payments; lease equipment
REMOB:
Several interruptions to unconfirmed on site dates, additio
hours to achieve REMOB
RE: Memorandum for record dated 3 Aug 2001
@ Interest payment on overdue Invuices .
@ Grading:
........ -Quantities .cutand placed.by.KBARNECO Oracling
285.Scy
Quantities stripped by KEARNECO Grading
2400cy
Water Main:
$300.00
$410.00
1,551.00
Remove approx. forty ( 40) feet of six (6) inch PVC pipe to stablish
new end for six (6) inch water main. Raise elevation of fire by t two (2)
feet to compensate for deflection angle caused by new design
Wdl0:v 2002 '21 '83J
....
Repair damage to water main ca.used by Ellington Grading · $ ,000.00
Install back-flow preventer
_$ ,500.00
Delay Time
Contributing to increase man/equipment hours and billings
equipment caused by incorrect change order supplies ordered by
rental
S ,544.00
~ Gravel for Parking lot and access roods
Actual "on -the-ground" area of road and parking lot is 22;9 6 sf; as
opposed to 19,462.5 s£ This equates to an adjusted tonnage of 408 tons
@ $11.20 per ton; less cost of fabric itidicates additional due:
$ ,430.94
® Per the outbrief 11/29/01
Total due KEARNECO Grading
Wd80:v 2002 '21 '83j
Kearneco Grading Quantities
Kearneco stm-ted grading 8/13 w.d finished grading 9/14, When grading ~tarted th work
was based on the design (starting design) by AES th11t had raised the slab 12 inches m
the original ~FA design. The slab was raised to ~liminate over 10,000 CY of exce
material that was built into the BFA design. this raised slab was the baseline for
grading.
Startlng Desiga
The starting design showed 14,526 CY of cut and 15,400 CY of fill not counting 3
CY of rock and concrete to be brought on site. The inltlal condition can be sumu.i41u!N•d
as follows:
Cut Yards: 14,526
FHl Yards: 15,400 -3000"" 12,400
Net Yards: 14,526 -12,400 = 2,126 CY of excess material.
Excess material wus included in the design for the removal of roots and topsoil.
Floul Survey
The survey on 9/14/01 marks the end point otthe Kearneco grading. A survey do at
this point, aftet' adjusting the site down 6 inches, showed the following:
Cut Yards Remaining: 8,827
Fill Yards Remaining: 12,265-3000 = 9,265
Net Yards: 9,265 -8,827"" 438 CY of additional rrtatetial requi ed
The adjustment of the site down 6 inches should have btouiht the cut/fill into bal ce.
The 6 inch adj ustment was made based 011 the September 4 surve~ and no mater' was
wasted after this time. This adjustmertt should have balanced the cut/fill quantitie
Assume that the 438 CY ofadditiobal .tru1te~ia.l shown by the 9/14 survey was a res lt of
surveying inaccuracies, and that the cut and till s.r? equal at
(9~65 + 8,827)/2 = 9,046 CY
The tot.al i,ercent complete on grading jg
. ~--·--·-··-·-··--·-· .. ,. --·-· _ ... _, _____ . --
100 • (12,400-9,046)/12,400;,,, 21:0.so/~·cottlplete· -
~'-J\\~ 'ltla..i.\ ._.1-\~~\"t\:o ~ ~\;..M.,t-.~\ i>
t\ • o" b -:. \ a"!,"!:a'-\ c..'-'
0"V0 T 'd
. --
The total payment due on the grading accouttt is
0,2705 * $78,400 = $21,207.20
Amount received to date for grading"" $14,739.20
Balance for grading,. $21,207.20 -$14,739.2 = $6,468.010
2t-6 'O!J
':.. \ 'l..,'-' oi,
~.(:), \.\M~.,,
\..,.,. ~ \"Si ".:..i"
\11.\\00.t-,:;
°'l1, I~).,. i ~
Wd80 :v 2002 '2T '83j
,,
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To: Paul Kearney
Fax: [phone]
Phone: [phone]
Re: Bonding Company Contact, Etc.
Paul,
1 -Bonding Company
. -::. .··
:. -__ -,·. :-·
1-> < ~>-... ·
illllllliaii · i11··11111lllllllr. _41·· ■· 11111111111111111111111111111111111111111i
NCDENR
From: Pat Backus
Pages:
Date: January 24, 2002
CC:
This is the information I have on the person to contact at the bonding company.
Mr. Stephen Beatty
Kemper Insurance
1 Kemper Drive
Long Grove, IL 60049
Phone: [phone]
Fax: [phone]
I have not spoken or had any contact with Mr. Beatty so far. I was given this information by Pam Nunez
who is with Marsh USA. March is the agency that sold the bond to IT. You have a copy of the bond
and it has the bond number you can reference. Please feel free to pass the information on to anyone
else that might be interested in pursuing a claim.
2 -Letter to IT
As I mentioned, the state is sending a letter to IT indicating that we know they have filed for bankruptcy.
We are asking that they provide information on how they plan to complete the contract per terms and
conditions. It specifically requests information on their creditors under this contract. The lawyers in the
Attorney General's office are reviewing a draft today to ensure it has all the correct legal language. I
will send you a copy of the final version for your reference. Bankruptcy and non-payment of
subcontractors are conditions that can result in the state declaring the contract with IT in default and the
state approaching the bonding company to assume the project. The letter has to be sent certified with
return receipt. IT then has 15 days to respond. Since they are still presenting their first day motions
that will govern some of what they do in the near future, I can only wait and see I receive.
3 -Invoices
I talked to State Construction and they said that the contractor is supposed to pay the subcontractor
within seven days of the receipt of payment from us on the work completed. We pay the contractor
based on what we see and agree is completed. In most cases they have attached an invoice from their
January 24, 2002
sub or explained that they were waiting on an invoice. They then pay your invoice after receiving our
payment. I asked about the situation in which the contractor had not been invoiced by the
subcontractor. State Construction said that was the subcontractor problem. We don't have any rules
addressing that.
That is why it was important for you to invoice IT in December for work you had completed. Otherwise,
IT doesn't have a timeline for paying you. I knew from our December progress meeting and from a
later conversation with Gary that you had not submitted an invoice. Based on previous discussions, I
assumed you might want payment as soon as possible for your work. The suggestion that you submit
an invoice was an attempt to help you. At that time, we did not know that IT would be filing for
bankruptcy. That has obviously affected the normal way they conduct business.
4 -Pre-petition vs Post-petition Creditors
I have been informed that this depends on when the work was performed and not the invoice date. So
if you submit an invoice today for work that was completed before January 16th, my understanding is
that it is considered pre-petition.
5 -As Gary mentioned in the letter you faxed me, IT is providing information on the bankruptcy and
restructuring. That is my main source of information. If you have access to the Internet, you can have
as much information as I do. If you need to, you could go by the PCB Office and have Robin pull it up
for you. You need to take the memo to provide her the web site address. It may help answer some of
yot.Yquestions.
• Page2
FROM :PDKERRNEY FRX NO . :2522579411 Jan. 23 2C1C12 11 :37PM Pi --------------
FAX Dace: "2 :'S. '-J /?Zf: o ·-2-______ .__. ' ........ ---·······--··• .. ···' -··· ___ ...... ··-·······-··
___ 5
Fro1n:
Phone: _P_h_o_n_e: ___ __,__(2_52) 257-41 05 . ___________ _
Fax phone: o//'7' -7(£ ,3~5 __
CC:
_F-·1,_lx_.p_h_o1_1e_: __ """'(2_5-'2)'--_2_5_7_-9_4_l l ___ ~--·-·-
' ....
-· ...... <£-:.:_:_::,:_~_ :}: ...
\: ,•' ...... " ·'·•"t'·• .
. REMARKS '. . ,· -,·• .. ,, .
. .. . , -·•·•.,·;•· ..
0 Urgent 0 Reply AS1\P
,,,.---------~ ~
C__ ____ ~---~ ~~ c__
-------------------------------------1-1-~ ..
FROM :PDKEARNEY Ja.n. 23 2[1[12 11 : 37PM P2
lac.
~ Mllv.i lenmJ
January 23, ioo2
Kearncco Grading
Route 2, Bo,c 4
Warml10n, NC 2'7S39
[phone] phone
(252) 257•9411 fax
Attn'. Mr. Paul I(ei:arttey, Pn$ident
.Vo1H·oe-villr. 1J14.W9'
1r1, 412. 1
P,JJC, 412,/J78. 7 35
Give11 the ifl'at value: that we place on our rclaticnship with YClU, I felt it vital for you to
porsonaHy about two impottuttt developm,au fur The IT Group, 011 January 16, 2002,
that ~ oove signed 1t. letter of intent to seU substantially aU of our 0.>,atpmiy to The Sha
(NYSE: SGll). We expect to sign a definitive agr=tndlt soon. Siniu1tunwus with this
IT Group, ltlc. and cdtain of it.s su'b11idiaries filed voltl:r!.t.ary petitions under chnpter 11
Bankruptcy Code it! the U.S. Bankruptcy Court in Wilniington, Delaware. The: tT Oro 'sjoint V(;tltutes
and fu Canadian sub~idiary, Roche Limited Coruiu1ting Orottp, Mc not included iu the: c a.pter-11
roofi8J]iution c~es, but ate included ht the proposed uset iWe to Shaw, and are eom:· normal
business operations.
l would like to emphasize that The tT Ornup is NOT going out of business, ln i.ont1ectt
chapter 11 filing and the ptop~ .sale, The Shaw Cnoup has agreed in principle to pro ide The IT Group
with a dcbtof'.in-poisession (OIP) orodit facility of up to $75 million, Our fi1ing and th agreement in
principle to provide DIP' financing from Shaw will tl1ow us to provide for an orderly sa e of the Company
FROM :PDKEr=1RNEY FAX t,n : 252257'3411 Jan. 23 2002 11 :38PM P3
while enabling us to take steps to addte¥i, our Jiquidit')' issUc:5 and stabilize opctations.
open for businl'!,s 121d remain fo0used on 5etvin; out custotners,
Since you provided gocds or Htviccs to The rt Group or certain of its fflb,idiarics beti
filing, then you haw what are referred t1J ad pre,-,etition gla.iffis, which may be paid d,;ir I the :,.ol'Jna1
co~c ofthi:, chapter 11 case11. We deeply regret the hatdahlp or inconvenien~ that this
.... m be reot!ivinS a claim forni fran the court!~ cl!li1n.11 agent in a kw wetk!.
In dl;: parlicuw ca'le of the ~rk you perrom,,ed 11.t the Wamtt Coui,ty PCB Landfill,
covered by a payment bond. tn the event that )'VU db 110t receive full compensation for
invoices for this project through th-, bankrui,tt.y proecedmp you would thetl have the
paymc:,.tJ.t from the bondibs comp11.t1y.
the Company is IXlttlnlitted to cotlSUllttttating this sale and eoncludini our chapter t 1 p ss ai quickly
as possible. Updated infonnation. can also be obtairted £rem our web site at .l:.':.J:.!l..:.:.t~~~~, click
on •~ews", then on "'resttuoturittg news'',
l would like to emphssize that QUI' relationship wtth you is, ud has always ~ a top p · ority for our
Company. On behalf of our entire m.anage'lllent fmin, I'd like t.o thank yo11 for your co · ued support. t
would also like to assu,e you that we will do all w-= ean to keep ynu fully inforincd of d elopnumfs
relating to our reotgmtlz:mott prooe~s. If you would like fu.rth~t inf om:tltion, please t@el e to call me at
[phone], If you WoUld like further infomH1tion about The She,w Group, please v slt their website
at www.tshawgrp.eom.
:Z..~~_L-
Project Mattager
FRCIM : F'rn<ERRt'1E\' FRX NCI. : 2522579411
23 JAN 02
The IT Group, Inc.
2 790 Mosside Boulevard
Monroeville, PA 15146-2792
'
Attn: Gary Duke, Project Manager
Dear Gary,
Jan. 23 2DD2 11 :39F'M F'4
KEARNECO Grading
Rt. 2, Box 14
Warrenton, NC 27589
Tel-[phone]
Fax-[phone]
Receive your fax 5:48pm this date concerning the recent
developments affecting the IT Group, Inc. Per your
correspondence this date, it is my understanding that the IT Group
Inc. was sold in its entirety to the Shaw Group Inc. Simultaneously
the IT Group Inc. is also filing bankruptcy in the United States
Bankruptcy Court in Wilmington, Delaware.
We are concerned about the timeline of your notification reference
your stated value you maintain for our relationship. I am perplexed
about your guidance 17 Dec 01, to North Carolina State officers as
well as KEARNECO Grading to submit an invoice for funds
readily available for payment in December 2001. Per our
conversation this date, su~ject invoice for $30,000.00 may not be
paid until the February/March thne period. Will interest be added?
In furtherance to our valued relationship, I need access to the job
site to take measurements for final invoicing. We had coordinated
with EARTH-IBCH Dennis Jones to accomplish this task in a
ti1nely manner (24 Jan 02). I cannot understand your reasons to
delay access to Mid February to do this. Given your notification
FROM :PDKERRNEY FRX NO. :252257941 1 Jan. 23 2002 11 :39PM PS
this date, I need to take final measurements to furnish a final . . 1nvo1ce.
-· --
I trust your comments reference our relationship is your top
priority. We have been coordinating meeting on site, 24 Jan 02
with Dennis Jones to take measurements for final invoicing.
Request your support and cooperation to facilitate this task.
CC: Pat Backus
January 23, 2002
Kearneco Grading
Route 2, Box 4
Warrenton, NC 27589
[phone] phone
[phone] fax
Attn: Mr. Paul Kearney, President
Dear Paul,
Given the great value that we place on our relationship with you, I felt it vital for you to hear from me
personally about two important developments for The IT Group. On January 16, 2002, we announced
that we have signed a letter of intent to sell substantially all of our Company to The Shaw Group Inc.
(NYSE: SGR). We expect to sign a definitive agreement soon. Simultaneous with this transaction, The
IT Group, Inc. and certain of its subsidiaries filed voluntary petitions under chapter 11 of the U.S.
Bankruptcy Code in the U.S. Bankruptcy Court in Wilmington, Delaware. The IT Group's joint ventures
and its Canadian subsidiary, Roche Limited Consulting Group, are not included in the chapter 11
reorganization cases, but are included in the proposed asset sale to Shaw, and are continuing nonnal
business operations.
I would like to emphasize that The IT Group is NOT going out of business. In connection with our
chapter 11 filing and the proposed sale, The Shaw Group has agreed in principle to provide The IT Group
with a debtor-in-possession (DIP) credit facility of up to $75 million. Our filing and the agreement in
principle to provide DIP financing from Shaw will allow us to provide for an orderly sale of the Company
while enabling us to take steps to address our liquidity issues and stabilize operations. In short, we are
open for business and remain focused on serving our customers.
Since you provided goods or services to The IT Group or certain of its subsidiaries before the chapter 11
filing, then you have what are referred to as pre-petition claims, which may be paid during the normal
course of the chapter 11 cases. We deeply regret the hardship or inconvenience that this may cause. You
will be receiving a claim form from the court's claims agent in a few weeks.
In the particular case of the work you performed at the Warren County PCB Landfill, that project is also
covered by a payment bond. In the event that you do not receive full compensation for duly approved
invoices for this project through the bankruptcy proceedings you would then have the option of pursuing
payment from the bonding company.
The Company is committed to consummating this sale and concluding our chapter 11 process as quickly
as possible. Updated information can also be obtained from our web site at www.theitgroup.com, click
on "news", then on "restructuring news".
I would like to emphasize that our relationship with you is, and has always been, a top priority for our
Company. On behalf of our entire management team, I'd like to thank you for your continued support. I
would also like to assure you that we will do all we can to keep you fully informed of developments
relating to our reorganization process. If you would like further information, please feel free to call me at
[phone]. If you would like further information about The Shaw Group, please visit their website
at www.shawgrp.com.
Sincerely,
Gary W. Duke, P.E.
Project Manager
VIA FAX, NO HARD COPY
January 24, 2002
Kearneco Grading
Route 2, Box 4
Warrenton, NC 27589
[phone] phone
[phone] fax
Attn: Mr. Paul Kearney, President
Dear Paul,
In response to your letter of January 23, 2002, I can offer the following information and explanations.
1. IT Corp has indeed filed for bankruptcy under Chapter 11, effective January 16, 2002.
2. IT Corp has a letter of intent to sell to Shaw Group. However, under Chapter 11 we are required to
entertain competing offers. The bankruptcy court judge will set a date by which any competing offers
must be submitted to the court. Although no date has been set at this time I anticipate that it will be in
mid-February.
3. I met with you on December 7 and discussed your invoicing status. We agreed that you would submit
an invoice for $30,800. When you received that check you would use it to pay your subcontractors
and vendors for this project so that we could obtain "final releases ofliens" from them as well as a
"conditional release upon final payment" from Keameco Grading. Release of lien forms were
provided to you for that purpose. When I had not received your invoice on December 17 I called to
remind you and you faxed it that day, at which time I approved it and submitted it to our accounts
payable department for processing on December 19. I asked that to the extent possible that payment
be expedited to something less than the net 60 terms of your purchase order.
4. Due to ongoing cash flow problems that invoice was not paid before IT Corp filed for bankruptcy on
January 16. All payments for pre-petition work such as this one are now under the control of the
bankruptcy court, and I cannot say with any degree of certainty what their status is. I did tell you
yesterday that, based on the proceedings to date, that I believe late February to early March is the
earliest that I would reasonably expect payment might be forthcoming. To accomplish that would
probably require that the buyer of the company, be it Shaw Group or others (see item 2), be identified
and approved by the court and that they subsequently provide sufficient cash to pay claims such as
yours. While that is the goal of both IT Corp and Shaw I must again caution you that the bankruptcy
court remains the final authority in these matters, so further delays are possible.
5. With regard to interest, our prime contract with NCDENR requires that we pay interest in certain
circumstances, which are likely to apply here. Any interest due would be calculated once the actual
dates of all future payments to you are known, and would be paid separately.
6. At our December 7 meeting we further agreed that once we received all of the releases of lien from
you and your subcontractors and vendors I could approve and process your final invoice, which we
estimated would be approximately $20,000. It was necessary to estimate the amount because you still
needed to resubmit your proposal for the demob/remob cost change order associated with the
interruption of your work on the water line. I reminded you of our need for that proposal in my
December 17 call, when you said you would submit it that week. Yesterday you informed me that you
still have not completed it.
7. Yesterday you informed me of your desire to reenter the site to remeasure some work for final
invoicing, although I had understood at our December 7 meeting that we were in agreement on
installed quantities. At that time I told you I saw little point in arranging access unless myself or Bill
Gallagher are present since I am not normally inclined to revise billing based on measurements that
are not witnessed by a representative of IT Corp. After further consideration I agree with your
proposal to have Dennis Jones of Earth Tech witness the measurements at your mutual convenience. I
have left messages at his office and on his cell phone service this morning to that effect., you should
contact him directly to arrange a time. I do not expect that this will in any way delay your final billing
since, as pointed out above, that cannot occur in any case until we pay you the $30,800 currently
outstanding and you use it to obtain releases of lien from your vendors.
I will look forward to receipt of your revised demob/remob cost proposal and the results of your
remeasurement efforts. All correspondence should be sent to my attention at:
IT Corp
200 Horizon Center Blvd
Trenton, NJ 08691-1904
Attn: Gary Duke
As an alternative, items can be faxed to me at ( 609) 588-6300.
Please do NOT send faxes or mail to the Momoeville, PA address as you did this morning, as this causes
unnecessary confusion and potential loss or delay in processing.
Sincerely,
Gary W. Duke, P.E.
Project Manager
[phone]
cc by e-mail:
Pat Backus, NCDENR
Dennis Jones, Earth Tech (ref item 7)
Bill Gallagher, Williams Engineering
Duke file c: \nclf\purchasing\akearneco _ltr2.doc
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To: Paul Kearney
Fax: [phone]
Phone:
Re: IT Bonding Information
□ Urgent 0 For Review
• Comments:
. •:.
·:-·. . . .
•·. .····\~·· ·•
;.-· .. · ... ·.. ·"··· . ·.·•. . ~-1 i if UlllllllllllL _._.. ••11111111111•11111111i
NCDENR
From: Pat Backus
Pages: C,
Date: January 14, 2002
CC:
□ Please Comment □ Please Reply D Please Recycle
If you need any additional information, please call.
Bond No. 4SU998825
FORM OF PERFORMANCE BOND
Date of Contract: Februruy 16. 2001
Date of Execution: .!..F~eb~ru.!!!:!:!ary"'1-!1~6"'"". ::;20~0~1.___ __________________ _
Name of Principal: The IT Group. Inc.
(Contractor)
Name of Surety: -~Am~e::!.n~· c~a;Un~M~o~t.:::o:!..lri~st~s~I;Uns~ur=an~c:::::e~C:.::.:o~m~pan~y~----------
1 Kemper Drive. Long Grove. IL 60049-0001
Name of Contracting Body: North Carolina Department of Environment and Natural Resources.
Division of Waste Management
Amount of Bond: Six Million. Six Hundred and Fifty Eight Thousand Dollars ($6,658,000.00)
Project: Detoxification of the Warren County PCB Landfill Using the Base-Catalyzed
Decomposition Method -Program Documents. November 2000 {ID No. 010440101)
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named,
are held and firmly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to
be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered
into a certain contract with the contracting body, identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of said contract during the original term
of said contract and any extensions thereof that may be granted by the contracting body, with or
without notice to the surety, and during the life of any guaranty required under the contract, and shall
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said contract that may hereafter be made,
notice of which modifications to the surety being hereby waived, then, this obligation to be void;
otherwise to remain in full force and virtue.
43116lspec\bonds
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Executed in FOUR counterparts.
Witness:
Attest: (Corporation)
Witness:
'J.dXildl.b '-In. .J:v..bz.rr1u ·
Deborah M. Sparbanie, Witess
Countersigned:
Not Required
(N.C. Licensed Resident Agent)
Marsh USA Inc.
6 PPG Place, Suite 300, Pittsburgh, PA 15222
Name and Address-Surety Agency
The IT
G r ident
Title: C and Construction
(Owner, Partner, or Corp. Group
. only)
ames A. Dun , Jr., P.E.
orth Carolin Licensee
(Corporate Seal)
American Motorists Insurance Company
(Surety Company)
ay, v!rJ1,1,uJo. i fluAH Q
Title: Pamela L. Nunez, Attorney-in~ act
(Attorney in Fact)
(Surety Corporate Seal)
American Motorists Insurance Company with Concurrent Notice Sent to: Kemper Environmental
2709 Water Ridge Parkway, Charlotte, NC 28217
Surety Company Name and N.C.
Regional or Branch Office Address
43116\spec\bonds
155 Village Blvd. Princeton, NJ 08540
. .
··-lt'emPeR.
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office In Long Grove,
Illinois, {hereinafter collectively referred to as the "Company") do hereby appoint
Nancy M. Kunold, Karen L. Jensen, Christine A. Hartung, Pamela L. Nunez, Leslie L. Rudat, Elena Zunic,
Marjorie A. Altemus and Elizabeth Hartzberg of Pittsburgh, Pennsylvania (EACH}"" ......... , ............ ._.
their true and lawful agent(s) and attomey(s)-fn-fact, to make, execute, seal, and deliver during the period beginning with the date of Issuance
of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their ad and deed:
Any and all bonds and undertakings -..........
EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office in
Long.Grove, Illinois.
This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Seaetary as being in full force and effect:
-VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.•
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
-VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to
be valid and binding upon the Company.•
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this August 10, 1999.
Attested and Certified:
Robert P. Hames, Secretary by
Lumberrnens Mutual Casualty Company
American Motorists Insurance Company
American Manufadurers MubJal Insurance Company
J. S. Kemper, Ill, Exec.Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
. I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robert P. Hames personally known to me to be the same persons
whose names are respectively as Exec. Vice President and Secretary of the Lumberrnens Mutual Casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the
State of Illinois, subscribed to the foregoing Instrument. appeared before me this day In person and severally acknowledged that they being
thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said
corporations and as their own free and voluntary acts for the uses and purposes therein set forth .
My commission expires 1-28-02
CERTIFICATION
....................
◄ "OFFICIAL IEAL" ► ◄ ,,_,,. Nt_. ►
◄ No•ry,-UDIIC, State •Tl■nolt ►
◄Ill\''--•-...... Jin··-► .......... """'"'·· .. Irene Klewer, Notary Public
I, J.K Conway, Corporate Secretary of the Lumberrnens Mutual Casualty Company, the American Motorists Insurance Company, and the
American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated August 10, 1999 on
behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and Is
In full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, Ill and Robert P. Hames, who executed the
Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney
the duly elected Executive Vice President and Secretary of the Lumberrnens Mutual Casualty Company, the American Motorists Insurance
Company, and the American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company,
the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this
February 16 2001
J. K. Conway, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
FK 0362 6-96
Power of Attorney • Term Printed in U.S.A
-· ..... ~ -:...:.._• •.••• --.••• t ... '·. -. _ .. -._ -.. ,.. .• . . .,
Bond No. 4SU998825
FORM OF PAYMENT BOND
Date of Contract: February 16. 2001
Date of Execution: ~F::eb:::.:.ruarv=......:l;..:::6 •• :.20:::.:0~1,__ __________________ _
Name of Principal: The IT Group. Inc.
(Contractor)
Name of Surety: -~Am=e,:!,n~· c~an~M:.!.o~t~o:!..!ri~st~s..!.I~ns:.::ur=an~c:::::e~C:=:.:o~m!!,p~an~y __________ _
1 Kemper Drive, Long Grove. IL 60049-0001
Name of Contracting Body: North Carolina Department of Environment and Natural Resources.
Division of Waste Management
Amount of Bond: Six Million. Six Hundred and Fifty Eight Thousand Dollars ($6.658.000.00)
Project: Detoxification of the Warren County PCB Landfill Using the Base-Catalyzed
Decomposition Method -Program Documents. November 2000 {ID No. 010440101)
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named,
are held and firmly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to
be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered
into a certain contract with the contracting body, identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying
labor/material in the prosecution of the work provided for in said contract, and any and all duly
authorized modifications of said contract that may hereafter be made, notice of which modifications
to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force
and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Executed in FOUR counterparts.
43116\spec\bonds
Witness:
~=-~ · Aest:(Corporation)
By: ~-=-=
-----JAMES M. REDWINE
c1'itle: VICE P~ESIOENT
(Corp. §~.-~~Ar.S)W©)JNSEL
A.ND ASSISTANT SECRETARY
Witness:
OQ .b aw.b 'fr/ {/(!1 '.ho YI l/!
Deborah M. Sparbanie, itn~s
Countersigned:
Not Required
(N.C. Licensed Resident Agent)
Marsh USA Inc.
6 PPG Place. Suite 300. Pittsburgh. PA 15222
Name and Address-Surety Agency
By:._--,.~~......,.....i:::;;---==-=-~=-:--...:::G=a:.:.r-=.:dner, Pres.
Title: and Construction
nly)
icensee
( Corporate Seal)
American Motorists Insurance Company
(Surety Company)
sy, A MJili. i Jll u a~
Title: Pamela L. Nunez. Attorney-in-Fact
(Attorney in Fact)
(Surety Corporate Seal)
Group
American Motorists Insurance Company with Concurrent Notice Sent to: Kemper Environmental
2709 Water Ridge Parkway. Charlotte. NC 28217
Surety Company Name and N.C.
Regional or Branch Office Address
43/ 161.spec\bonds
155 Village Blvd .• Princeton. NJ 08540
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office In Long Grove,
Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint
Nancy M. Kunold, Karen L. Jensen, Christine A. Hartung, Pamela L. Nunez, Leslie L. Rudat, Elena Zunic,
Marjorie A. Altemus and Elizabeth Hartzberg of Pittsburgh, Pennsylvania (EACH)"" ........................ ..
their true and lawful agent(s) and attomey(s)-in-fact, to make. execute, seal, and deliver during the period beginning with the date of Issuance
of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings ---•--•••
EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not pennlt the same obligation to be split into two or more bonds In order to bring each such bond within the dollar Urrit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office In
Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter aet forth and are hereby certified to by the
undersigned Secretary as being In full force and effect:
"VOTED, That the Chairman of the Board, the President. or any Vice President. or their appointees designated In writing and filed with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.•
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED. That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated In writing and filed
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Seaetary, may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It Is attached, shall continue to
be valid and binding upon the Company."
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this August 10, 1999.
Attested and Certified:
Robert P. Hames, Secretary by
Lumbennens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
J. S. Kemper, Ill, Exec.Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robert P. Hames personally known 10 me 10 be the same persons
whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the
State of Illinois, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being
thereunto duly authorized signed, sealed with the corporate seals and delivered the said Instrument as the free and voluntary act of said
corporations and as their own free and voluntary acts for the uses and purposes therein set forth .
My commission expires 1-28-02
CERTIFICATION
.......................... .,.
◄ "OFFICW. IEAL • ► ◄ lrtnt Kl t'MI" ►
◄ NOlaryl"1e11e, IHIU tfl■nole ►
◄ll\l~lf-■ ....... Jln.9.IOR ►
T1'1'1'1'1' TT TT1'1'1' Irene Klewer, Notary Public
I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the
American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated August 10, 1999 on
behalf of the person(s) as listed above Is a true and correct copy and that the same has been in full force and effect since the date thereof and Is
In full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, Ill and Robert P. Hames, who executed the
Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney
the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance
Company, and the American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company,
the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this
February 16 2001
J. K. Conway, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
FK 03626-96
Power of Attorney-Term Printed In U.S.A
101-1 GENERAL
Spec.; f}cQ...,i:-,-Qn-S
~ S t-n,, .. c.. fu.v-~
DIVISION 1
GENERAL REQUIREMENTS
SECTION 101
DEFINITIONS OF TERMS
Section 101
Whenever the terms defined in this section are used in those specifications, in any of
the contract documents, or on the plans, the intended meaning of such terms shall be as
defined in this section.
101-2 ABBREVIATIONS
AAN ___ American Association of Nurserymen
AAR ___ Association of American Railroads
AASHTO _ American Association of State Highway and Transportation Officials
ACI ___ American Concrete Institute
ADT ___ Annual Average Daily Traffic
AED ___ Associated Equipment Distributors
AGC ___ Associated General Contractors of America
AIA ___ American Institute of Architects
AISC ___ American Institute of Steel Construction
AISI ___ American Iron and Steel Institute
ANSI ___ American National Standards Institute, Inc.
ARA ___ American Railway Association
AREA __ American Railway Engineering Association
ASLA __ American Society of Landscape Architects
ASTM __ American Society for Testing and Materials
A WW A __ American Water Works Association
A WS ___ American Welding Society
A WPA American Wood Preserver's Association
CRSI ___ Concrete Reinforcing Steel Institute
DHV ___ Design Hourly Volume
EEI ___ Edison Electric Institute
FHWA __ Federal Highway Administration, U.S. Department of Transportation
FSS ___ Federal Specifications and Standards, General Services Administration
GS ____ General Statutes of North Carolina
IES ___ Illuminating Engineering Society
NEC ___ National Electrical Code
NEMA National Electrical Manufacturers Association
NESC __ National Electrical Safety Code
NTPEP __ National Transportation Product Evaluation Program
SPIB ___ Southern Pine Inspection Bureau
SSPC ___ Steel Structures Painting Council
UL ____ Underwriters' Laboratories, Inc.
101-3 ACT OF GOD.
Events in nature so extraordinary that the history of climate variations and other
conditions in the particular locality affords no reasonable warning of them.
101-4 ADDITIONAL WORK.
Additional work is that which results from a change or alteration in the contract and for
which there are existing contract unit prices.
1-1
t
Section 510
510-7 BASIS OF PAYMENT.
The quantity of stabilizer aggregate, measured as provided in Article 510-6, will be
paid for at the contract unit price per ton (metric ton) for "Stabilizer Aggregate."
Payment will be made under:
Stabilizer Aggregate .................................................................................. Ton (Metric Ton)
SECTION 520
AGGREGATE BASE COURSE
520-1 DESCRIPTION.
Perform the work covered by this section including but not limited to constructing a
base composed of an approved aggregate material hauled to the road, placed on the road,
mixed, compacted, and shaped to conform to the lines, grades, depths, and typical sections
shown in the plans and applying a sand seal in accordance with the provisions of
Article 520-5, and maintaining the base.
520-2 MATERIALS.
Refer to Division 10:
Aggregate base course .................................................................... Sections 1006, and l 0 l 0
520-3 METHODS OF PRODUCTION.
(A) General:
Furnish, at your option, aggregate base course material as described below unless
otherwise specified in the special provisions.
(B) Aggregate:
Aggregate upon which no restrictions are placed on the production or stockpiling
except as provided in Sections 1005, 1006, and 1010; and which have been placed on the
roadway, sampled, tested and approved in accordance with the provisions of Subarticle
520-6(B).
520-4 SUBGRADE PREPARATION.
Prepare the subgrade in accordance with Section 500 prior to placement of the base
material.
520-5 HAULING AND PLACING AGGREGATE BASE MATERIAL.
Place the aggregate material on the subgrade with a mechanical spreader capable of
placing the material to a uniform loose depth and without segregation except that for areas
inaccessible to a mechanical spreader, the aggregate material may be placed by other
methods approved by the Engineer.
Where the Contractor elects to use more than one source of aggregate as described in
Article 520-3, place the various types of aggregate used in an approved manner which will
permit the sampling and testing required by Article 520-6.
Where the required compacted thickness of base is 10 inches (254 mm) or less, the base
material may be spread and compacted in one layer. Where the required compacted
thickness is more than 10 inches (254 mm), spread the base material and compact in 2 or
more approximately equal layers. Compact the base material to a minimum thickness of
approximately 4 inches (101.6 mm) for any one layer.
Have each layer of material sampled, tested, compacted, and approved prior to placing
succeeding layers of base material or pavement.
Do not place base material on frozen sub grade or base.
5-9
Section 520
Cover, within 7 calendar days, base course placed between November 15 and March 15
inclusive with a subsequent layer of pavement structure or with a sand seal. Apply sand
seal in accordance with the requirements of Section 660 except that Articles 660-3,
660-1 l, and 660-12 will not apply.
Failure of the Contractor to cover the base course as required above will result in the
Engineer notifying the Contractor in writing to cover the base course with a sand seal and
to suspend the operations of placing aggregate base course until such cover has been
placed. Perform this work at no cost to the Department. In the event that the Contractor
fails to apply the sand seal within 72 hours after receipt of such notice, the Engineer may
proceed to have such work performed with other forces and equipment. The cost of such
work performed by the Department will be deducted from monies due or to become due
the Contractor. The application of the sand seal by the Contractor or by others will in no
way relieve the Contractor of the responsibility to maintain or repair the damaged base or
subgrade, no matter what the cause of damage, at no cost to the Department.
Do not allow traffic on the completed base course other than necessary local traffic and
that developing from the operation of essential construction equipment as may be
authorized by the Engineer. Repair any defects that develop in the completed base or any
damage caused by local or construction traffic acceptably at no cost to the Department.
Hauling equipment may be operated with the approval of the Engineer, over a lower layer
of base, however, acceptably repair any rutting, weaving, or soft areas that develop at no
cost to the Department.
Do not exceed 35 miles per hour (55 kilometers per hour) with hauling equipment
traveling over any part of the base.
Utilize methods of handling, hauling, and placing which will minimize segregation and
contamination. If segregation occurs, the Engineer may require that changes be made in
the Contractor's methods to minimize segregation, and may also require mixing on the
road which may be necessary to correct any segregation. No additional compensation will
be allowed for the work of road mixing as may be required under this provision. Remove
and replace all aggregate which is contaminated with foreign materials to the extent that
the base course will not adequately serve its intended use at no additional cost to the
Department. The above requirements will be applicable regardless of the type of aggregate
placed and regardless of prior acceptance.
520-6 SAMPLING, TESTING, AND ACCEPTANCE.
(A) General:
Sampling for the determination of gradation, liquid limit, and plasticity index for the
various types of aggregate, as defined in Article 520-3, will be performed as outlined
below in (B) and (C). Acceptance of the applicable type of aggregate will also be based
upon the requirements listed below. Test all samples in accordance with
Subarticle 520-6(D).
(B) Aggregate:
NCDOT Roadway Assurance Sampling:
For sampling and acceptance purposes, a lot will be considered to be 5,000 tons
(5000 metric tons) or a fraction thereof.
For each lot of aggregate placed on the road, 2 samples will be taken at random
locations on the road prior to compaction. The first sample will be taken from the first
2,500 tons (2,500 metric tons) or first half of the lot, the second sample will be taken from
the second 2,500 tons (2,500 metric tons) or second half of the lot. The gradation test
results of these samples will be averaged. The average and the range of these samples will
be used to determine the acceptability of the lot.
It is intended that the gradation of the aggregate be in the middle of the limits shown in
Column C of Table 520-l. If, however, the average gradation test results for a lot are
5-10
Section 520
within the limits shown in Column C of Table 520-1 and the range between the test results
does not exceed the requirements shown in Column D of Table 520-1, the lot will be
considered as acceptable.
Lots not considered acceptable as provided above will be treated according to the
provisions of Article 10 l 0-2(C), Roadway Assurance Sampling.
Column A
(mm)
1 1/2" (3 8.1)
l" (25.4)
l/2" (12.7)
# 4 (4.75)
# 10 (2.0)
# 40 (0.425)
# 200a (0.075)
# 200b (0.075)
TABLE 520-1
AGGREGATE BASE COURSE
GRADATION ACCEPTANCE RANGES
ColumnB ColumnC ColumnD
% Passing % Passing Range
100 98-100 3
75-97 72-100 15
55-80 51-83 20
35-55 35-60 18
25-45 20-50 18
14-30 10-34 14
4-12 3-13 7
4-10 3-11 6
ColumnE
l
l
l
3
2
3
5
5
Material Passing No. 10 (2.0 mm) Sieve (Soil Mortar)
# 40 (0.425) 40-84 36-86 35 2
# 200 (0.075) 11-35 10-36 20 2
Material Passing the No. 40 (0.425 mm) Sieve
L.L. 0-30 0-30 --
P. I. 0-6 0-6 --
a
b
This requirement will be applicable unless otherwise specified in the special provisions.
This requirement will be applicable only when specified in the special provisions.
Where visual observation indicates the need to do so, the Engineer may require the
Contractor to road mix areas of nonuniform gradation at no additional cost to the
Department. The Engineer reserves the right to take samples in addition to the lot
acceptance samples from within the lot in areas exhibiting nonuniform gradation. When
the test results from such an additional sample is outside the gradation limits given in
Column C of Table 520-1 and the nonuniformity cannot be corrected by road mixing, the
aggregate base course represented by the sample will be rejected and replaced by the
Contractor at no cost to the Department.
When the test results for either the lot or additional samples taken within the lot
indicate the material is to be rejected and removed by the Contractor, and the material can
be corrected by the addition of fine aggregate, the Engineer may allow the material to be
corrected provided there is no cost to the Department for furnishing, remixing, reshaping,
and recompacting of the base material. The base material will be rejected unless the
average test result of the corrected material is within the gradation limits shown in Column
B of Table 520-1 and the range between the test results does not exceed the requirements
of Column D of Table 520-1. If the corrected material is rejected, replace it at no
additional cost to the Department.
520-7 SHAPING AND COMPACTION.
Machine and compact the layer of base within 48 hours after beginning the placing of a
layer of the base. Maintain each layer to the required cross section during compaction and
compact each layer to the required density prior to placing the next layer.
When electing to use conventional density test number 3 (ring test) to determine
density, compact each layer of the base to a density equal to at least 100% of that obtained
5-11
Section 520
by compacting a sample of the material in accordance with AASHTO T 180 as modified by
the Department. Copies of these modified testing procedures are available upon request
from the Materials and Tests Unit.
Follow the requirements as specified in Article 520-9 when electing to use nuclear
methods to determine the density.
Compact the base material at a moisture content which is approximately that required
to produce a maximum density indicated by the above test method. Dry or add moisture to
the material when required to provide a uniformly compacted and acceptable base.
Shape the final layer of base material to conform to the lines, grades, and typical
section as shown on the plans. Construct the base course so that it is smooth, hard, dense,
unyielding, and well bonded upon completion. A broom drag may be used in connection
with the final finishing and conditioning of the surface of the base course.
520-8 TOLERANCES.
After final shaping and compacting of the base, the Engineer will check the surface of
the base for conformance to the grade and typical section and determine the base thickness.
Construct the base so that the thickness of the base is within a tolerance of plus or
minus 1/2 inch (12.7 mm) of the base thickness required by the plans.
Construct the base so that the maximum differential between the established grade and
the base within any 100 foot (30 .5 meter) section is 1/2 inch (12.7 mm).
520-9 DENSITY DETERMINATION BY NUCLEAR METHODS
(A) Application
The Engineer may utilize nuclear means as described below to determine the density
of selected base course materials required by Sections 520 and 540. The target density will
be from the material's most recent AASHTO T180 test results, which may be obtained
from the Materials and Tests Unit.
A new target density is to be obtained when there is a change in the source of
material, when a significant change occurs in the composition of the materials from the
same source, or when determined necessary.
Testing will be performed in the direct transmission mode on all aggregate base
course. Additional information on testing is provided in the current N.C.D.O.T. Nuclear
Gauge Operator's Manual, copies of which are available from the Materials and Tests
Unit.
(B) Test Sections
(1) General
Provide a test section which has a depth no greater than the layer depth shown in the
plans or required by the Specifications, whichever is less. Determine the length of the
section by the width as shown in the current Nuclear Gauge Operator's Manual.
In situations where the chemical composition of the material affects the gauge
moisture readings, specific instructions will be provided by the Materials and Tests
Unit.
(2) Equipment
Equipment used in the compaction of test sections must be approved prior to use.
Where uniform density is not being obtained throughout the depth of the layer of
material being tested, change the type and/or weight of the compaction equipment as
necessary to achieve uniform density even though such equipment has been previously
approved.
5-12
Section 520
When aggregate base course material is involved, use at least one steel wheel
vibratory roller weighing not less than 6 tons ( 5 .4 metric tons).
(3) Compaction
After the material in a test section has been spread and shaped the required width
and depth, begin the compaction of the section. Carry out compaction in such a
manner as to obtain uniform maximum density over the entire test section.
Immediately prior to compacting the aggregate base course material, make sure it
has a satisfactory moisture content. If it is necessary to add water after the material is
placed, scarify the material, and add water uniformly throughout the full depth of the
layer of the base course material.
( 4) Testing Procedures
After the Contractor has completed compaction of the test section, the Engineer will
conduct 5 density tests at random within 5 equal segments of the test section. Provide a
smooth surface on the material being tested prior to any tests being performed. Density
tests will not be made when the surface of an aggregate base course contains free
moisture. The required density will be expressed as a percentage of the target density.
(5) Acceptance Requirements
Provide a density for aggregate base course of at least 98% of the nuclear target
density. In addition, the nuclear density of any single test location must be at least 95%
of the nuclear target density.
The required density will be determined by the average of 5 nuclear density tests
made at random locations within 5 equal segments of the test sections.
520-10 MAINTENANCE.
Where the base material is placed in a trench section, provide adequate drainage
through the shoulders to protect the subgrade and base until such time as the shoulders are
completed.
Maintain the surface of the base by watering, machining, rolling, or dragging when
necessary to prevent damage to the base by weather or traffic.
Where the base or subgrade is damaged, repair the damaged area; reshape the base to
required lines, grades, and typical sections; and recompact the base to the required density
at no cost to the Department.
520-11 METHOD OF MEASUREMENT.
The quantity of aggregate base course to be paid for will be the actual number of tons
(metric tons) of aggregate which has been incorporated into the completed and accepted
work.
The aggregate will be measured by being weighed in trucks on certified platform scales
or other certified weighing devices. If permitted by the special provisions, the weight of
base course material shipped by barge may be determined from water displacement
measurements.
No deductions will be made for any moisture contained in the aggregate at the time of
weighing.
520-12 BASIS OF PAYMENT.
The quantity of aggregate base course, measured as provided in Article 520-11 ,
will be paid for at the contract unit price per ton (metric ton) for "Aggregate Base Course"
except when the Contractor has elected to leave a lot in place which exceeds the range of
Column D of Table 520-1 but which is otherwise in accordance with the provisions of
Article 520-6, the quantity of base course included in this lot will be paid for at a unit price
5-13
Section 520
by compacting a sample of the material in accordance with AASHTO T 180 as modified by
the Department. Copies of these modified testing procedures are available upon request
from the Materials and Tests Unit.
Follow the requirements as specified in Article 520-9 when electing to use nuclear
methods to determine the density.
Compact the base material at a moisture content which is approximately that required
to produce a maximum density indicated by the above test method. Dry or add moisture to
the material when required to provide a uniformly compacted and acceptable base.
Shape the final layer of base material to conform to the lines, grades, and typical
section as shown on the plans. Construct the base course so that it is smooth, hard, dense,
unyielding, and well bonded upon completion. A broom drag may be used in connection
with the final finishing and conditioning of the surface of the base course.
520-8 TOLERANCES.
After final shaping and compacting of the base, the Engineer will check the surface of
the base for conformance to the grade and typical section and determine the base thickness.
Construct the base so that the thickness of the base is within a tolerance of plus or
minus 1/2 inch (12.7 mm) of the base thickness required by the plans.
Construct the base so that the maximum differential between the established grade and
the base within any 100 foot (30.5 meter) section is 1/2 inch (12.7 mm).
520-9 DENSITY DETERMINATION BY NUCLEAR METHODS
(A) Application
The Engineer may utilize nuclear means as described below to determine the density
of selected base course materials required by Sections 520 and 540. The target density wi11
be from the material's most recent AASHTO T180 test results, which may be obtained
from the Materials and Tests Unit.
A new target density is to be obtained when there is a change in the source of
material, when a significant change occurs in the composition of the materials from the
same source, or when determined necessary.
Testing will be performed in the direct transmission mode on all aggregate base
course. Additional information on testing is provided in the current N.C.D.O.T. Nuclear
Gauge Operator's Manual, copies of which are available from the Materials and Tests
Unit.
(B) Test Sections
(1) General
Provide a test section which has a depth no greater than the layer depth shown in the
plans or required by the Specifications, whichever is less. Determine the length of the
section by the width as shown in the current Nuclear Gauge Operator's Manual.
In situations where the chemical composition of the material affects the gauge
moisture readings, specific instructions will be provided by the Materials and Tests
Unit.
(2) Equipment
Equipment used in the compaction of test sections must be approved prior to use.
Where uniform density is not being obtained throughout the depth of the layer of
material being tested, change the type and/or weight of the compaction equipment as
necessary to achieve uniform density even though such equipment has been previously
approved.
5-12
Section 520
When aggregate base course material is involved, use at least one steel wheel
vibratory roller weighing not less than 6 tons ( 5 .4 metric tons).
(3) Compaction
After the material in a test section has been spread and shaped the required width
and depth, begin the compaction of the section. Carry out compaction in such a
manner as to obtain uniform maximum density over the entire test section.
Immediately prior to compacting the aggregate base course material, make sure it
has a satisfactory moisture content. If it is necessary to add water after the material is
placed, scarify the material, and add water uniformly throughout the full depth of the
layer of the base course material.
( 4) Testing Procedures
After the Contractor has completed compaction of the test section, the Engineer will
conduct 5 density tests at random within 5 equal segments of the test section. Provide a
smooth surface on the material being tested prior to any tests being performed. Density
tests will not be made when the surface of an aggregate base course contains free
moisture. The required density will be expressed as a percentage of the target density.
(5) Acceptance Requirements
Provide a density for aggregate base course of at least 98% of the nuclear target
density. In addition, the nuclear density of any single test location must be at least 95%
of the nuclear target density.
The required density will be determined by the average of 5 nuclear density tests
made at random locations within 5 equal segments of the test sections.
520-10 MAINTENANCE.
Where the base material is placed in a trench section, provide adequate drainage
through the shoulders to protect the subgrade and base until such time as the shoulders are
completed.
Maintain the surface of the base by watering, machining, rolling, or dragging when
necessary to prevent damage to the base by weather or traffic.
Where the base or subgrade is damaged, repair the damaged area; reshape the base to
required lines, grades, and typical sections; and recompact the base to the required density
at no cost to the Department.
520-11 METHOD OF MEASUREMENT.
The quantity of aggregate base course to be paid for will be the actual number of tons
(metric tons) of aggregate which has been incorporated into the completed and accepted
work.
The aggregate will be measured by being weighed in trucks on certified platform scales
or other certified weighing devices. If permitted by the special provisions, the weight of
base course material shipped by barge may be determined from water displacement
measurements.
No deductions will be made for any moisture contained in the aggregate at the time of
weighing.
520-12 BASIS OF PAYMENT.
The quantity of aggregate base course, measured as provided in Article 520-1 L,
will be paid for at the contract unit price per ton (metric ton) for "Aggregate Base Course"
except when the Contractor has elected to leave a lot in place which exceeds the range of
Column D of Table 520-1 but which is otherwise in accordance with the provisions of
Article 520-6, the quantity of base course included in this lot will be paid for at a unit price
5-13
Section 520
which will be the contract unit price reduced by the percentage established in accordance
with Article 520-6.
Payment will be made under:
Aggregate Base Course ............................................................................. Ton (Metric Ton)
SECTION 530
SOIL TYPE BASE COURSE
530-1 DESCRIPTION.
Perform the work covered by this section including but not limited to furnishing the
source of material; building, maintaining, and obliterating haul roads; clearing and
grubbing the material source; removal and disposal of overburden; excavation; hauling;
spreading materials; mixing; compacting; shaping to conform to the lines, grades, depth,
and typical sections shown on the plans; reconditioning; maintaining the base; restoration
of the source and haul roads to an acceptable condition; and seeding and mulching the
source.
530-2 MATERIALS.
Refer to Division 10:
Soil type base course ................................................................................ Article 1010-3
530-3 PREPARATION OF SUBGRADE.
Prepare the subgrade in accordance with the provisions of Section 500.
530-4 MATERIAL SOURCES.
(A) General:
Clear and grub the surface of the material sources and thoroughly clean it of all
unsuitable material before beginning excavation. Dispose of material resulting from
clearing and grubbing in accordance with Article 200-5. Remove and dispose of
overburden in accordance with Section 802.
Where payment is to be made by measuring the material in its original position, notify
the Engineer sufficiently in advance of beginning excavation of this material in order that
the area may be staked and cross sectioned by the Engineer. No payment will be allowed
for any material excavated prior to cross sections being taken. Excavate the material to the
lines and slopes as staked by the Engineer and perform the excavation in an orderly
manner to facilitate measurement at any time.
Where payment is to be made by truck measurement, furnish trucks with bodies
suitable for accurate measurement. Load trucks uniformly and in such a manner as to
prevent spillage.
Where it is necessary to haul material over existing roads or streets, the provisions of
Article 105-15 will apply. Use all necessary precautions to prevent damage to the existing
structures or pavement. Conduct hauling operations in such a manner as to not interfere
with the normal flow of traffic and keep the traffic lanes free from spillage at all times.
(B) Department Furnished Sources:
Where material sources are furnished by the Department, the location of such sources
will be as designated on the plans.
The Department will furnish the necessary haul road right of way at locations
designated by the Engineer. Build, maintain, and when directed, obliterate all haul roads
required at no cost to the Department. Where the haul road is to be reclaimed for
cultivation, plow or scarify the area to a minimum depth of 8 inches (203 .2 mm).
5-14
Section 530
Remove overburden prior to the excavation of the base material when indicated by the
plans.
Where it is necessary to drain the material source, perform this work in accordance
with Section 240.
Leave the material source in a neat and presentable condition after use. Smooth, round,
and construct all slopes not steeper than 2: 1. Plow or scarify to a minimum depth of
8 inches (203.2 mm), disc harrow, and construct terraces where the source is to be
reclaimed for cultivation.
Seed and mulch the sources in accordance with Sections 1620, 1660, 1661 , or 1663 .
(C) Contractor Furnished Sources:
Approval of material sources furnished by the Contractor is subject to the following
conditions:
1. Acquire the right to take the material and any rights of access that may be
necessary, locate and develop the source; and clear and grub, remove overburden,
and construct any drainage ditches necessary.
2. The Engineer will, upon the Contractor's request, sample and test the proposed
source and give the Contractor written notice of the test results. Acceptance of the
material will be subject to the results of sampling and testing on the road as
provided Article 530-8.
3. Except where property is to be obtained from a commercial source, submit jointly
with the property owner a material source development, use and reclamation plan
for approval prior to engaging in any land disturbing activity on the proposed
source other than material sampling that may be necessary. Include in the plan the
following:
a. Topography
Detail the existing topography and locations of the proposed access and
egress haul roads. Detail the proposed final topography of the waste or disposal
area showing any proposed drainage systems. Excavate the source according to
the plan and dress and shape it in a continuous manner to contours which are
comparable to and blend in with the adjacent topography. Grade the source to
drain such that no water will collect or stand. Provide a functioning drainage
system for the source. If drainage is not practical, and the source is to serve as a
pond, the minimum depth must be a least 4 feet (1.2 meters) as determined from
the water table at the time of the reclamation plan is executed. The slope of the
soil below the water must be between 5: 1 and 2: 1. The slope of the sides above
the water line must be 2: 1 or flatter.
b. Erosion Control
Detail the temporary and permanent erosion control measures, along with
design calculations, that are intended during use of the site and as part of the
reclamation. Unless considered impractical due to special circumstances,
provide in the plan for the use of staged permanent seeding and mulching and
appropriate fertilizer topdressing on a continual basis during site use and the
immediate total reclamation of the site when the site is no longer needed.
Define the seed mixture proposed for establishing temporary and/or permanent
vegetation. Establish permanent stand of vegetation prior to acceptance of
project.
c. Buffer Zones:
Allocate sufficient area between the nearest property line and the tie-in of the
slope to natural ground to allow for the operation of excavation, hauling, and
seeding equipment and for the installation of any and all erosion control devices
5-15
Section 530
required. Leave additional undisturbed area between the source and any
water course or body to prevent siltation of the water course or body and the
movement of the shore line either into the water course or body or into the waste
areas. Determine if any additional buffer zones are required by the adjoining
property owners or other government agencies and comply with those
requirements. (Suggested minimum distances are 10' (3 m) from property lines
and 50' (15.2 m) from water bodies or water courses. Where it is necessary to
drain the borrow source, perform this work in accordance with Section 240.
d. Evaluation for Potential Wetlands and Endangered Species
Hire an experienced environmental consultant to perform an assessment of
the Borrow site for potential conflicts with wetlands, Areas of Environmental
Concern (CAMA), and federally protected species.
Delineate the boundaries of any wetlands or jurisdictional surface waters
(streams) encountered .. Follow the standard practice for documenting the
wetland delineation including completion of the Army Corps of Engineer's
approved "wetland data form". Document information including data regarding
soil, vegetation and hydrology. Maintain a minimum 25 foot (7.6 m) buffer
adjacent to all sides of the wetland boundary and a minimum 50 foot (15.2 m)
buffer adjacent to any stream. Depict the limits of the delineated wetland and
surrounding buffer on the Reclamation Plan. Do not remove borrow material in
any area under the Corps of Engineers' or any other environmental agencies'
regulatory jurisdiction unless and until the NCDOT permit has been modified to
permit such disposal activity in the jurisdictional area.
Perform a site assessment for federally listed threatened or endangered
species and federal species of concern to include habitats which may support
these species. Provide to the Engineer a detailed technical report on the
assessment findings. If federally listed threatened or endangered species, federal
species of concern or habitat which may support such species exist on the
proposed borrow site, notify the Engineer prior to continued pursuit of such site.
e. Approval
Obtain written approval from the Engineer prior to wasting within the
proposed waste or disposal area.
Submit a revised or additional reclamation plan if the non-permitted waste or
disposal area is expanded by more than one acre (0.4 hectare) or is significantly
changed from the previously approved submittal."
(D) Substitute Sources:
Follow the provisions of Subarticle 530-4(C) when electing to substitute material
sources for those provided by the Department.
530-5 PLACING MATERIAL.
Deposit the material on the subgrade in such a manner that when all layers are spread,
mixed, and compacted, the required depth of base material will be obtained. Where more
than one type of material is to be used, spread each uniformly over the subgrade prior to
placing the next material.
530-6 MIXING AND COMP ACTING.
Immediately after placing and spreading the base material, begin mixing operations.
Perform the mixing in a manner which will produce a thoroughly and uniformly mixed
base course.
Compact the base uniformly throughout the depth and width of the base. Where the
base is thicker than 8 inches (203 .2 mm), spread the base and compact it in 2 layers
approximately equal in thickness.
5-16
Section 530
Compact the base to a density equal to at least 100% of that obtained by compacting a
sample of the material in accordance with AASHTO T99 as modified by the Department.
Copies of these modified testing procedures are available upon request from the Materials
and Tests Unit.
Compact the base material at a moisture content which is approximately that required
to produce the maximum density indicated by the above method. Dry or add moisture to
the material when required to provide a uniformly compacted and acceptable base.
530-7 FINAL SHAPING.
Shape the base to conform to the lines, grades, and typical sections shown on the plans.
Take care to prevent the formation of slippage planes in the surface. Thoroughly dry,
remix or remove and replace all soft or unstable areas.
530-8 SAMPLING, TESTING, AND ACCEPTANCE.
Where the depth of the base is such that the placement of more than 1 layer is required
for proper mixing and compacting, sample, test and have approved each layer of material
prior to placing additional base material thereon.
Samples will be taken from the road immediately after the base material has been
spread, mixed, and shaped to a true cross section. Sampling and testing for acceptance will
be as hereinafter provided.
Use a sampling unit consisting of 500 linear feet (152.4 meters) when the roadway base
is placed in widths 27 feet (8.2 meters) or less. Use a sampling unit consisting of
1,000 square yards (836.1 square meters) when the base is placed in widths over 27 feet
(8.2 meters). As an exception to the above, when the base course is constructed utilizing
materials in the existing subgrade the sampling units will be reduced to one half the size
indicated above. Use a sampling unit consisting of 1,000 linear feet (304.8 meters) when
placing base on a shoulder or widening of 12 feet (3.7 meters) or less.
One sample will be taken from a location selected by the Engineer in each unit. The
sample will be taken by cutting 3 cores for the full depth of the base course, one on the
center line and one approximately 3 feet (0.9 meter) from each edge, and combining the
material as one sample representing the material in that unit.
If the sample tested fails to meet specification requirements, obtain 2 check samples,
one on each side of the original sample at 50 feet ( 15.2 meter) spacing. The unit will be
rejected unless both of these samples meet specification requirements.
Where a unit is rejected, no further samples will be taken from that unit until the
material is either corrected by the addition and mixing of suitable material or the rejected
material is removed and replaced.
Where the material source is furnished by the Contractor and the Engineer permits the
Contractor to correct a rejected unit by the addition and mixing of corrective material,
perform all work necessary due to the addition of the corrective material at no cost to the
Department.
Where the material source is furnished by the Contractor and the rejected unit is in a
final layer of base, furnish and incorporate any material added to correct gradation at no
cost to the Department.
Resampling of a corrected or replaced unit will be preformed in the same manner as
original sampling.
530-9 TOLERANCES.
After final shaping and compacting of the base, the Engineer will check the surface of
the base for conformance with the grade and typical section and will determine the base
thickness.
Construct the base with a thickness that is within a tolerance of plus or minus 1/2 inch
(12.7 mm) of the base thickness required by the plans.
5-17
Section 530
Construct the base such that the maximum differential between the established grade
and the base within any 100 foot (30.5 meter) section is 1/2 inch (12.7 mm).
530-10 RECONDITIONING.
Where sampling and testing indicate that additional material must be added to the base
to produce the required quality, add the required material, remix, recompact, and reshape
the base to the required lines, grades, and typical sections.
Where the material source is furnished by the Contractor, perform the work of
reconditioning at no cost to the Department.
530-11 MAINTENANCE
Where the base material is placed in a trench section, provide adequate drainage
through the shoulders to protect the subgrade and base until such time as shoulders are
completed.
Maintain the surface of the base by machining, watering, and rolling or dragging when
necessary to prevent damage to the base by weather or traffic.
Within 24 hours of completion of the base, prime the base slopes where required or,
where prime is not required, place sufficient shoulder material against the edges of the
completed base to protect the base.
Where the base or subgrade is damaged due to negligence on the part of the Contractor,
repair the damaged area; reshape the base to the required lines, grades, and typical
sections; and recompact the base to the required density at no cost to the Department.
530-12 METHOD OF MEASUREMENT.
(A) Soil Type Base Material:
The quantity of soil type base course material to be paid for will be the actual number
of cubic yards (cubic meters) or tons (metric tons) of base course material which has been
incorporated into the completed and accepted work. However, no measurement will be
made of any additional material which the Engineer has permitted the Contractor to
incorporate into a final base layer in the work of reconditioning where the Contractor has
furnished the material source.
Measurement of the base course material will be made in accordance with one of the
following methods:
1. When the material is to be measured in its original position, measurement will be
made by cross sections and computations will be made by the average end area
method. No measurement will be made of any material excavated prior to cross
sections being taken.
2. When the material is to be measured in trucks, the level to which each truck is to be
loaded will be measured by the Engineer and each truck shall be suitably marked to
indicate the loaded level. Each truck must bear a suitable mark or number for
identification. Load each truck to at least its measured load level when it arrives at
the point of delivery. The recorded quantity of material will be adjusted by making
a 25 percent deduction to allow for shrinkage, and the adjusted quantity will be the
quantity to be paid for.
3. Where the contract calls for the material to be paid for by the ton (metric ton), the
material will be measured by being weighed in trucks on certified platform scales or
other certified weighing devices. No deduction will be made for any moisture
contained in the material at the time of weighing.
(B) Reconditioning Road:
When material sources are furnished by the Department and the Engineer directs the
incorporation of additional material into a rejected sampling unit, the work of
reconditioning as provided in Article 530-10 will be measured as provided below.
5-18
Section 530
When material sources are furnished by the Contractor, no measurement of
reconditioning will be made.
The quantity of reconditioning to be paid for will be the actual number of units of
1,000 square yards (square meters) of base course over which the work of reconditioning
has been acceptably performed. The length will be the actual length measured along the
centerline of the surface of the base. The width will be the width required by the plans or
as directed by the Engineer measured across the top surface of the base.
530-13 BASIS OF PAYMENT.
The quantity of base course, measured as provided in Subarticle 530-12(A), will be
paid for at the contract unit price per cubic yard (cubic meter) or ton (metric ton) for "Soil
Type Base Course, Type ____ "
The quantity of reconditioning, measured as provided in Subarticle 530-12(B), will be
paid for at the contract unit price per 1,000 square yards (1000 square meters) for
"Reconditioning, Soil Type Base Course."
Where the material source has been furnished by the Department, payment for clearing
and grubbing the source ~ill be made as provided in Article 200-8, payment for removal
and disposal of overburden will be made as provided for unclassified excavation in
Article 225-8, payment for draining the source will be made as provided in Article 240-5,
and payment for seeding and mulching the source when required will be made as provided
in Article 1660-9.
Where the material source has been furnished by the Contractor, no separate payment
will be made for clearing or grubbing, removal and disposal of overburden, draining the
source, or seeding the mulching as such work will be considered as incidental to the work
covered by this section.
Payment will be made under:
Soil Type Base Course, Type ____ ................................ Cubic Yard (Cubic Meters)
Soil Type Base Course, Type ____ .............................................. Ton (Metric Tons)
Reconditioning, Soil Type Base Course ........... 1,000 Square Yards (1,000 Square Meters)
535-1
SECTION 535
CONDITIONING EXISTING BASE
DESCRIPTION.
Perform the work covered by this section including but not limited to scarifying,
shaping, furnishing water, compacting, and maintaining the base. Included in the work is:
l. Conditioning of an existing base to prepare it for the placement of a pavement
directly upon the base. Included in the conditioning is scarifying, shaping, and
compacting the base to conform to the required lines, grades, depths, and typical
sections established by the plans.
2. Conditioning of an existing base in preparation for the placement of additional
layers of base material. Included in the conditioning is scarifying, shaping, and
compacting the base to conform to the approximate lines, grades, depths, and
typical sections established by the plans.
535-2 CONSTRUCTION REQUIREMENTS.
Compact the base to a degree satisfactory to the Engineer. Dry or add moisture to the
material when required to provide a uniformly compacted and acceptable base.
Do not condition the existing base when it contains excess moisture or is frozen.
Maintain the base in accordance with the provisions of Article 520-11 or 530-11.
5-19
~/1 8/2020 15 :52 E:5 42342 312 HR GREEN\/ILLE
FAX
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company:#.tetK 4-//N'~u ~b-.S.
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Address: Raleigh, NC
7 0 l Corporate Center Dr
Suite 475
Raleigh. NC 27607
Project #: ~J//1.,. ()£
Ext.#: ___ ~----~~--
Subject: W,1##b:N 6. Jl.k /Jc!,8 LANcfHLL. __ j}~ ZbX1 /J1·CR7ic/\l
Comments: h--:t 1 ft fl. To
If you do not receive 3 Pages (including cover page),
please call us as soon as possible at [phone]
E A R T H @) T S C H
A ff/C::Q INTT:RNAnONAL LTD. COMPANY
F'AGE 01
0?/18/2020 15:52 St,42342312 HR GREEH\JILLE PAGE 02
i
September 13, 2001
Keamcco Grading
Route 2, Box 14
Warnmton) NC. 275$9
Attn: Mr. Paul Kearney
17' Co.-pa-tlu
200 Hori•on Ct1ntt1r Boulfvtrd
TreD.torJ, NJ 08691-1904
Tel. 609.51)4,8900
Fax. [phone]J0O
SUHJECT: Warren County PCB Laodflll Deto:dfleau on P Ject
IT Corp Pw·cwe Order # 170847
Redaction ilL Scope of Wor-k
Dear Mr. Kearney:
This letter is to confirm that IT Corporation (IT) and Kcameco ing (K~eco) ha.ve
mutually agreed to a reduction in the scope of work to be perfo ed by Kearneoo wder
IT l>urchase Ordor # l 7084 7, the u,oci&ted Overriding Agreemen between Keameco and
IT (P.O. and Agreement both dat.ed April 24, 2001) and IT's rime Contract with the
State of North Carolina for the Wmcn County PCB Land:611 .Det cation Program.
Specifically, the work prc,scmtly bemg performed under line #S of lhe :Purchase Order,
"CUt, Fill mid Oracle", will be halted by Keameeo at the close of work on Thursday,
September 13, 2001. At the.t time IT's subcontrflcted lieensed eyor will survey the
quantity of fill placed and compacted to specification. IT will pay to Koameco an amount
equal to the percentage of line item #5 represented by the s eyed quantity of fill
actually placed divided by the surveyed original total quantity of 2,400 cy. Both parties
agi-ee the amount to be paid to Keameco bued on this percents.a of work completed by
the olos8 of work on September 13, 2001 shall constitute full and complete consideration
to Kearneco for :services per.formed under Line ltem #5.
' This agreement has been reached in order to permit IT to red ce the overall project
schedule by bringin,a a second Sllboontractor on site to complete e srad,ing work while
meing Keamcco to simUltaneously perform the rest of the work to be performed under
the puIChase order.
2"d W~62:6 l002"El"d3S
J;/18/2020 15:52 8542342 312 HR GFEEtl\/ILLE F'AGE 03
..
This agreement does not in any way alter the remaining scope of work, the ternui and
conditions or rights of either party (either express or implied) der either the Purchase
Ordet, the associated Overri.ding Apement between Kemue and 1T or IT's Prime
Contract for the Warren County PCB Landfill Detoxification Pro am.
Both parties acceptance of this nwdifioation to Pu:rohase Order Agreement 170847 a.re
evidenced by the signatures in the space below.
Sincerely,
IT Corp.
~~L-
om:y<oute. P .E.
Project Manager
President
9/13/01
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To: Dennis Jones - EarthTech
Fax: [phone]
Phone: [phone]
Re: Analysis of Well Boring Soils and
Groundwater
l ----·----NCDENR
From: Pat Backus
Pages: 0
Date: September 12, 2001
CC:
□ Urgent 0 For Review □ Please Comment □ Please Reply □ Please Recycle
• Comments:
I talked to Mike Kelly and he confirmed that the drums located outside the fence contained soil from the
wells that were put in outside the landfill. We have a Site Investigation Report that was prepared by
Barnes, Ferland, and Associates. You can visually see that the well borings from inside the landfill
were placed in 5-gal buckets which were then placed in yellow drums. These drums were shipped to
TSCA permitted storage at Ecoflo in Greensboro. The drums used outside the landfill were black.
Limited sampled was done on the boring soils for wells outside the landfill. There wasn't a need to do
so. I have date which I am not sending that shows test results related to the type soil found at different
levels which they drilled the wells. You are welcome to have that information if you wish.
The analyses that I could find are attached. Not all of the new well boring soils were samples. The
ones that were are listed about halfway down the page. All were less than the detection limit used for
PCBs and pesticides. The groundwater from all the monitoring wells was sampled. Those results are
at the bottom of the sheet. All were less than the detection limit. Those wells have been sampled twice
a year since they were put in. No PCBs have been detected. I can provide that information also if it will
help.
ai-:ia····· ---····-··· -----s~. 1 <0.10 ----------·--·· ·-· --··----------·--·------·------. -------,--CB Sed.2 <0.10 MS Sed.3 <0.10 f---MR Sed.4 <0.10 AR+ Sed.5 <0.10 --·-· ·------·-NCB Sed. 6 <0.10 --~---SD Sed. 7 <0.10 PiR Above Br ------------·-----·~ --------• --------RCUS <0.10 ---CD Below B RCUS <0.10 -Surface Soil DDffi BJ SurS-1 <0.10 RB SurS-2 <0.10 -SB SurS-3 <0.10 MBR SurS-4 <0.10 -·--· --------BR SurS-5 <0.10 Background Surface Sc ppm TMSS OSW-3 <0.10 <0.20 <0.20 <0.10 <0.10 <0.10 <0.10 <2.0 <1.0 <0.10 <0.10 LESS OSW-2 <0.10 <0.20 <0.20 <0.10 <0.10 <0.10 <0.10 <2.0 <1.0 <0,10 <0.10 HESS OSW-4 <0.10 <0.20 <0.20 <0.10 <0.10 <0.10 <0.10 <2.0 <1.0 <0.10 <0.10 Surface Water DDffi RSB SW-1 <0.0001 KB urns <0.0001 1MB UTUS <0.0001 ISB RCDS <0.0001 DA Above RCUS <0.0001 ---------· CA Below RCUS <0.0001 DJ+ SW-2 <0.0001 -?> Well Boring Soils IPPm PMB Davis-BG <0.10 HM MW-7 <0.10 <0.2 <0.2 <0.1 <2.0 <1.0 <0.1 <0_1 WM MW-11 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 --KM MW-1 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 OM MW-12 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 MM MW-5 <0.10 <0.2 <0.2 <0.1 <0.1 <2.0 <1.0 <0.1 <0.1 <0.1 TM OSW-3 Davis-BG LE OSW-2 Alston-BG HE OSW-4 O'Neal-BG Landfill Solis DDm JABT• North BorinQ 44.1 JABB• North Boring 90.3 JABP• North BorinQ 60.7 NIAT• South Boring 267.8 NIAB• South Boring 385.7 NIAP• South Boring 150.5 OMA SEEP <0.10 <0.20 <0.20 <0.10 <0.10 <0.10 <0.10 <2.0 <1.0 <0.10 <0.10 -SLB+ Pond 3 <0.10 AB Pond 2 <0.10 LB+ Pond 1 <0.10 PJD Sand Filter <0.10 <0.20 <0.10 <2.0 <1.0 <0.1 <0.1
'. • _, ~--.... ............. ...,..., .... ~ JABP* North Boring NIAT* South Boring NIAB* South Boring NIAP* South Boring OMA SEEP SLB+ Pond 3 AB Pond 2 LB+ Pond 1 PJD Sand Filter ADD Carbon Filter Landfill Leachate IPPm QAR+ EZM NOV Groundwater BB JOH ALB RPAB RBAB+ Exist. RPF Exist. JDW CEH PSG JOK MMM BT cc ADJ/JOA RDRJ RAJR AJ ASH ORK OSW-2 RRAM OSW4 +RPS OSW-3 no. well (inlet) outlet south well ppm MW-1 MW-1A MW-2 MW-3A(D) MW-3S MW-4 MW-4A MW-5S MW-5D MW-6 MW-7S MW-7D MW-8 MW-9 MW-10S MW-10D MW-11 MW-12 Alston-BG O'Neal-BG Davis-BG -.-.-.. --"'--_.,.,_-..i .-.-.-.-a0u~o0u• \, V I.._/ l) ""'·"' 60.7 267.8 385.7 150.5 <0.10 <0.20 <0.20 <0.10 <0.10 <0.10 <0.10 <0.20 <0.10 <0.20 0.006 <0.0002 <0.0002 <0.0001 <0.0002 0.0006 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 <0.0001 <0.0002 <0.0002 ·-· <0.10 <0.10 <0.10 <0.10 <2.0 <1.0 <0.10 <0.10 <0.10 <2.0 <1.0 <0.1 <0.1 <0.10 <2.0 <1.0 <0.1 <0.1 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.002 <0.001 <0.001 <0.0001 <0.002 <0.001 <0.001 <0.001 -·-<0.0001 <0.000'1 ~.0001 --<0.0001 >---<OID2-<0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <Cfocxl1 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001. <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 · <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 <0.0001 <0.0001 <0.0001 <0.0001 <0.002 <0.001 <0.001 <0.001 PAGE 1 ..B..F'.A --,._. ( \ / I ' ' ) l:. ~;, ~; ~i. ~o~u~u~o /191'-------l
ACTI UI TY REPO F.'.T (T :=<)
1 c::-•• 4 •=i_. ·-·
9 1971 5 3605 SOL ID WASTE DI U
DATE TIM E DU RA T I Otl REMO TE ID MOC•E PA GE S RE SU LT
09 . 06 I •3 : 4 2 0 1 .• 3 ~=· .... 9 19 7 15 861 1 G .3 3 (I . K.
0 9 . 0 6 1 2 : 4 9 (1 0 I 2 t:-JJ 9 19 7 33 9 41 3 ECM I). K .
0 9 . 06 -15 : 1 3 tW' 23'·' 9 19828 9 240 E01 0 . K .
0 9 . 0 7 ~3 7 : 0 5 00 ·' 46 }} 8 856 786 •3861 ECM I). K.
0 9 . 1 ,3 0 E,: 4 1 03 .• 35° 2 02 6247875 ECr-1 2 I). K .
0 9 . 10 0 8 : 0 2 00 ' 3 5·'·' 202 62478 75 ECt-1 0 . K.
0 9 . 10 00 . V • 1 4 01 ) ~~1 9 J> 89195639664 E0 1 3 0 . K .
0 9 . 1 (1 0 9 : 0 7 (10 , (1 f.1 ·'·' 8 828251 6 45 2 G3 (1 I NTE RR UPT
09 . 10 ,39 : 0 9 (10' OO·'·' 88 2 8 251 6 45 2 13 3 (1 N. G. 20
0 9 . 10 '" 9 : 1 0 0 ~3 I (10 .'} 8828 251645 2 13 3 "' tL G. 2 0
09 . 1(1 09 : 1 1 (10 ' (1(1 .'J 8828251645 2 G3 0 N. G. 20
0 9. 1 0 0 9 : 1 1 0 0 ' (1 0 )) 8 8 28251645 2 G3 0 I NTERRU P T
09 . 1 0 0 9 : 12 0 2' 2 1 n 882825164 52 G3 4 0 . K .
0 9 . 1 0 1 ,3 : (1 3 00 ' oo n 8 202736 5467 r:i :~ (1 N. G. 2 0
0 9 . 1 t1 1 0 : (1 4 0 0 ' 3 1;:,n 8202736 5467 I~ ~ 0 . K .
0 9 . 10 10 : 1 8 (10 , 3 ::?.,, 8202736 5467 G::: o. K .
0 9 . 10 12 : 0 6 0 0 ' (1 1j }J 982892 4 •3 G ·:. 0 N. G. 20
09. 10 1 2 : 1 2 (n)' .-,""T.1) 9 19828"32 4€1 ECM 1 o. K . ..:.. .)
09. 1 1 09 : 0 9 0 0 ' oo n 8202635 628 5 G3 0 fL G. 20
09 . 1 1 09 : 1 0 0 (:1 ·" 3 ~) .'} 2026356 285 13 _3 1 0 . K .
09 . 1 1 1 1 : 0 4 0 1 .. o:::n 91 9 73 3 9 4 1 3 ECr-1 4 0 . K.
09 . 1 1 12 : 29 03 ·" 1 0 n 9 1996202 27 ECM 7 o. K .
0 9 . 1 1 13 : 0 8 0 6 ·" ::o n 88282516452 G-.:, 9 o. K .
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09 . 1 1 15 : 15 00' (1 1-}.'J 8 40456 2 8 439 G::: 0 ItHERRU PT
09 . 12 09 : 21 0 0' 3 1 " 336 7 7 1 46 31 G3 o. K .
0 9 . 12 1 1 : 55 (1 0 ' 4 ::: }} 91 985 21 5 30 ECM 2 0 . K .
0 9 . 12 1 1 : 5 8 0 0' 4 8 )) 704 5 97 705 0 ECM 2 o. K .
0 9 . 12 13 : 5 8 02 ·' 4 2·'' 3 36 77 1 4 6 31 G-,, 6 o. K .
09 . 12 15: 45 03 .• 2 '3 " 8 642342 3 12 ECt-1 3 0 . K.
ACTII..J IT'-.-'
0 9 .12.2 0[1 1 1 c:-■4o::i_ . • _I ■
9 197153~05 SOL ID WASTE DI U
[)ATE TIM E DU PAT I Ot~ RE MOTE ID PAGES RESULT
09.05 20:4 9 0 1 ·'2 5 -'·' EC M 1 0 . K .
09.06 08 :31 t11' 3 5 n 919 71 5 95 95 ECM 4 0. K .
09.06 09 •24 0f1 ·' 4 (1)) 33 6 727 2 1 83 ECM 2 o. K.
09.06 09 :3:::: (1 (1·'4 4" 919 733 9 41 3 E01 o. K.
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09.06 14:17 (10'47.'} G3 0. K .
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09 .07 07 :2'j ECM O.K .
0 9 . 0 7 1)8 : 4 2 (10 ·' 3 1" 9199347174 ECM 0 . K.
09.07 09:04 00' 1 5 " G3 0 N. G. 46
09.07 09 :05 00' 1 E," 63 0 N. G. 46
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j
I .
•
North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Interim Director
August13,2001
Mr. Paul Duncan Kearney, Landowner
Route 2, Box 14
Warrenton, North Carolina 27589
§j,._;A __
NCDENR
Ref: Paul Kearney LCID Landfill Notification located in Warrenton, Warren County as
described by the deed recorded in BOOK: 447 PAGE: 158.
Dear Mr. Kearney:
The Solid Waste Section(SWS) has received the Land Clearing and Inert Debris landfill
notification signed by you on 7 August 2001, recorded by Warren County on 7 August
2001 and received by the SWS on 7 August 2001. Disposal activities must remain under
2 acres, to operate under the provisions of this notification. An individual permit from the
Section is not required for these disposal activities, and the following applies:
(a). The owner of the land where the landfill is located must notify the Division on
a prescribed form, duly signed, notarized, and recorded as per Sub-item
(2)(b) of this Rule. The operator of the landfill , if different from the land
owner, shall also sign the notification form .
(b). The owner must file the prescribed notification form for recordation in the
Register of Deeds' Office. The Register of Deeds shall index the notification
in the grantor index under the name of the owner of the land in the county or
counties in which the land is located. A copy of the recorded notification,
affixed with the Register's seal and the date, book and page number of
recording shall be sent to the Division of Waste Management.
(c). If this site is a existing permitted mine, the following items should be
addressed:
1. Contact Land Quality at 919-571-4700 for amendments to the
reclamation plan as addressed in the mining permit;
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone:[phone] \ FAX: [phone] \ lnternet:\vww.enr.state.nc.us/
AN EQUAL OPPORTUNITY\ Ar-FIRMATIVE ACTION EMPLOYER-50% RECYCLED/ 10% POST CONSUMER PAPER
Mr. Kearney
Page 2
August13,2001
2. Identify the site property lines with flagging, stakes or paint indicating
lines on trees that represent the property boundary for visual
verification;
3. Place stakes or posts at the 100 foot buffer line for the limits of LCID
waste disposal from property lines, buildings and wells(on or off-site).
Offset stakes or posts can be used outside the limits of the mine, so
sighting from one marker to another can be done to insure that the
100 foot buffer to the property lines, buildings and wells, is not
encroached upon;
4. The void area between the 100 foot buffer and the limits of the mining
excavation may be filled with inert materials consisting of soil(NOT
INCLUDING ROOT MAT), rock, clean(non-painted)
concrete/brick/block;
5. LCID MATERIAL SHALL BE PLACED ABOVE THE SEASONAL
HIGH GROUNDWATER TABLE. IT IS RECOMMENDED THAT AT
LEAST ONE FOOT BE ADDED TO THE SEASONAL HIGH
GROUNDWATER TABLE TO TAKE INTO ACCOUNT FUTURE
SEASONAL FLUCTUATIONS; IF FUTURE EXPANSION OF THIS
DISPOSAL SITE IS TO OCCUR(GREATER THAN 2 ACRES), THEN
A FOUR FOOT SEPARATION TO THE SEASONAL HIGH WATER
TABLE IS ENCOURAGED;
6. WASTE SHALL NOT BE DISPOSED OF IN WATER OR ALLOW
WATER TO IMPOUND IN OR AROUND LCID WASTE. An outlet to
the mine may be needed to allow storm water to leave the mined
area, contact Land Quality if this is contrary to your approved mining
permit;
7. IT IS THE RESPONSIBILITY OF THE OWNER/OPERATOR TO
VERIFY AND HAVE DOCUMENTATION THAT THE SITE MEETS
ALL APPLICABLE ZONING REGULATIONS.
8. LCID LANDFILLS CAN NOT RECEIVED WOOD ASH FOR
DISPOSAL.
Even if the this site is not a existing permitted mine, items 2 thru 8 should be followed to
help the operator maintain the facility in compliance with the siting and operating rules(i.e .
. 0564 and .0566) of the SOLID WASTE MANAGEMENT RULES.
Mr. Kearney
Page 3
August 13, 2001
If this property is sold, leased, conveyed or transferred, the deed or other instrument of
transfer shall contain in the description section, in no smaller type than used in the body
of the deed or instrument, a statement that the property has been used as a Land Clearing
and Inert Debris landfill.
Amendments or revisions to the Solid Waste Management Rules or violation of
groundwater standards may necessitate modification of the construction and operation of
this facility or closure of this facility. If information in the notification is found to be
inaccurate or false, then compliance action by the Solid Waste Section and/or the local
government with jurisdiction may result in closure of this facility.
If you have any questions or if we can provide any other assistance, please do not hesitate
to contact the Regional Waste Management Specialist, Mr. Ben Barnes at [phone]
or Jim Barber in Fayetteville at [phone] or in Raleigh at [phone] Ext: 344.
a Engineer
id Waste Section
cc: Dexter Matthews
Jim Coffey
Mark Fry
BeJJ,Barnes
vE8 Mussier
Bill Sessoms
RCO Central File: Warren County Notification file
North Carolina
Department of Environm;nt and Natural R.~~pwc6J_LE ~ ~ ___ .,_
i-:::. --~ l ~·~ I t. ;-,~ G ;-!.1 :~.:~~-I '")
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
William L. Meyer, Director
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION AUG 7 2001
Pursuant to 15A NCAC 138 .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing a~d-lQ~.'l<~'·
Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior 'to
constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds'
Office. The Register of Deeds shall index the notification under the name of the owner(s) of the land in
the county or counties in which the land is located. The Register's seal and the date, book, and page
number of recording must be included on this form when submitted to the Division. This notification is not
valid to authorize operation of a landfill unless complete, accurate, recorded, and s,ubmitted to the Division
as required by 15A NCAC 13B .0563(2)(b).
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11 .
Facility Name: PAuL k' fi-A-FC.>.JE'I
Facility location (street address) : __ R __ o_u_Ti_~ __ ;z_+J _B_o_x __ ,_~ ___ ( __ s_._R_._, _o_o_, _).___
City: YVA-R~JJro N County:_ .... IJ'--C.=-----Zip:_---=~ .......... 7..aa:Sa....=g_c:r......._ ___ _
Directions to ,Site : __ ,=.......;..R.a-=-.;..M..;,____,:,.W--""--"A-..;..;.;l?{?-==eN:rna..x.. .......... ""'NL.......:... _ ..... W,.;;...;;;e;-s"-""-r'---D;;;;;;,..;.N.=.-__ s_. _R_._,_0_0___;,;.._;_• -
APTDf:.pXIMATeL'/ 4 ,.-, ,Lt=.S To Q ,J Df:E:' LEFT
The land on ~ndfill is located is described in the deed recorde~ !n:)
deed book: ~ page: / s.B county: Wft-B.€5&.../
Name of land owner: PAUL-DuNe_AN J.<e--4RNeY ·
Mailing address of land owner: RouTE 2 , Bax IL/-,
City: WA tui?...cN Tl) U State :_-'--N-'---c_ _______ Zip: __ :l_?_.5_-_f!___.~.__-
Telephone number of land owner:.._( _cl..5 __ .;2.._~_~_S-_?_-_~_I_O_S-__________ _
If the land is owned by more than one person, attach additional sheets with the name, address,
and phone number of all additional land owners.
Name of operator: P.AuL Du'-lc.AN KcA-R..AJey
Trade or business name of operator: /{EAi<! N Ee o G-ie.A 'bt r.J l:r
Mailing address of operator: R 'O UTE ~ J B o X / 4
City: W Aee..E:1J TD IJ State : __ N_e_ ________ Zip :_;;.___7_5_-___ g_~--
Telephone number of ope_rator:.,_( __,;l,5a..-=:;...-_~..;___..___;J.,......;....S_'1-'----___,4._.(,_D"'--~----------
If the landfill is operated by more than one person, attach additional sheets with the name,
address, and phone number of all additional operators.
12. Projected use of land after completion of landfill operations: .A G:&-1 c. UL.TU t!.E:
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone]\ Internet: www.enr.state:nc.us/
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/ I 0% POST CO~SUMER PAPER
BOOK -7 0 9 PAGt O 7 4 4
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating
under notification.
From: North Carolina Solid Waste Management Rules 15A NCAC 13B:
.0101
(53)
(54)
(55)
.0563
DEFINITIONS
"Land clearing waste· means solid waste which is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass,
and other naturally occurring vegetative material.
"Land clearing and inert debris landfill" means a facility for the land disposal of land clearing waste, concrete, brick, concrete block,
uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.
"Yard trash" means solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and similar vegetative
materials.
APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Management of land clearing and inert debris shall be in accordance with the State hierarchy for managing solid waste as provided for under N.C.G.S.
§ 130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfilling is
necessary, the requirements of this Rule epply.
(1)
(2)
.0564
An individual permit from the Division of Solid Waste Management is not required for Land Clearing and Inert Debris (LCID) landfills that meet
all of the following conditions:
(a) The facility is to be operated for the disposal of land clearing waste, inert debris, untreated wood, and yard trash. Operations must
be consistent and in compliance with the local government solid waste management plan as approved by the Division of Solid
Waste Management.
(b) The total disposal area is under two acres in size.
(cl The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0566.
(d) The fill activity is not exempt from, and must comply with all other Federal, State, or Local laws, ordinances, Rules, regulations,
or orders, including but not limited to zoning restrictions, flood plain restrictions, wetland restrictions, sedimentation and erosion
control requirements, and mining regulations.
Where an individual permit is not required, the following applies:
(a) The owner of the land where the landfill is located must notify the Division on a prescribed form, duly signed, notarized, and
recorded as per Rule .0563(2)(b). The operator of the landfill, if different from the land owner, shall also sign the notification form.
(b) The owner must file the prescribed notification form for recordation in the Register of Deeds' Office. The Register of Deeds shall
indax the notification in the granter index under the name of the owner of the land in the county or counties in which the land is
located. A copy of the recorded notification, affixed with the Register's seal and the date, book and page number of recording shall
be sent to the Division of Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill is sold, leased, conveyed, or transferred in any manner, the
deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the
deed or instrument a statement that the property has been used as a Land Clearing and Inert Debris Landfill and a reference by
book and page to the recordation of the notification.
SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
The following siting criteria shall apply for Land Clearing and Inert Debris (LCIO) landfills:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
.0566
Facilities or practices, shall not be located in the 100-year floodplain.
Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
Facilities or practices shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as
identified in 50 CFR Part 17 which is hereby incorporated by reference including any subsequent amendments and editions. This material is
available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin
Road, Raleigh, North Carolina 27605 where copies can be obtained at no cost.
Facilities or practices shall not damage or destroy an archaeological or historical site.
Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other lands included in the state
nature and historic preserve.
Facilities shall not be located in any wetland as defined in the Clean Water Act, Section 404(b).
It must be shown that adequate suitable soils are available for cover, either from on or off site.
Land Clearing and Inert Debris landfills shall meet the following surface and· ground water requirements:
(a) Facilities or practices shall not cause a discharge of pollutants into waters of the state that is in violation of the requirements of
the National Pollutant Discharge Elimination System (NPDES), under Section 402 of the Clean Water Act, as amended.
(b) Facilities or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation
of the requirements under Section 404 of the Clean Water Act, as amended.
(c) Facilities or practices shall not cause non-point source pollution of waters of the state that violates assigned water quality
standards.
(d) Waste in landfills with a disposal area greater than two acres shall be placed a minimum of four feet above the seasonal high water
table, except where an alternative separation is approved by the Division.
(e) Waste in landfills with a disposal area less than two acres shall be placed above the seasonal high water table.
The facility shall meet the following minimum buffer requirements:
(a) 50 feet from the waste boundary to all surface waters of the state as defined in G.S. 143-212.
(b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
(c) Buffer requirements may be adjusted as necessary to insure adequate protection of public health and the environment.
The facility shall meet all requirements of any applicable zoning ordinance.
OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements:
( 1) Operational plans shall be approved and followed as specified for the facility.
(2) The facility shall only accept those solid wastes which it is permitted to receive.
(3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.
(4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.
2
.:
15)
(6)
17)
(8)
19)
(10)
(11)
112)
113)
114)
1151
116)
120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered
with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division may require further
action in order to correct any condition which is or mey become injurious to the public health, or • nuisance to the community.
Adequate erosion control measures, structures, or devices shell be utilized to prevent silt from leaving the site and to prevent excessive on
site erosion.
Provisions for a ground cover sufficient to restrain erosion must be eccomplished within 30 working days or 120 calendar days upon
completion of any phase of landfill development.
The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an
operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance w ith op,rational
requirements and to prevent acceptance of unauthorized wastes.
Access roads shall be of all-weather construction and properly maintained.
Surface water shall be diverted from the working face and shall not be impounded over waste.
Solid waste shall not be disposed of in water.
Open burning of solid waste is prohibited.
The concentration of explosive gases generated by the facility shall not exceed:
(al Twenty-five percent of the lower explosive limit for the gases in facility structures.
(bl The lower explosive limit for the gases at the property boundary.
Leachate shall be properly managed on site through the use of current best management practices.
Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601
and .0602 of this Subchapter.
A sign shall be posted at the facility entrance showing the contact name and number in case of an emergency and the permit number. The
permit number requirement is not applicable for facilities not requiring an individual permit.
X.. Certification by Land Owner:
I certify that the information provided by me in this notification is true, accurate, and complete to the best
of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill
will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B, North Carolina
Solid Waste Management Rules. The facility and operations of this landfill will also comply with all
applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the operator is
different from the land owner, I, the land owner, have knowledge of the operator's plans to dispose of
solid waste on the land and I specifically grant permission for the operation of the landfill. I understand
that both the land owner and operator are jointly and severally liable for improper operations and proper
closure of the landfill as provided for by North Carolina General Statute 130A-309.27. I further understand
that North Carolina General Statute 130A-22 provides for administrative penalties of up to five thousand
dollars ($5,000.00) per day per each violation of olid Waste Management Rules. I further understand
that the Solid Waste Management Rules y be i the future and that the facility
siting and operations of this landfill wi nu...-... --'= such revisions or amendments.
P4vL Dv>Ju..N l<eAfl.NE.Y ~~~~~~~~~~~ ~ ~-/
Print Name (Owner) Date
North Carolina
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax : [phone]
Fax
To:
Fax:
Phone:
Re:
Mr. Ned Harris
Bennington Corporation
821-3572
Participation of Keameco on Warren
County Detoxification Project
NCDENR
From: Pat Backus
Pages: 2
Date: May 8, 2001
CC:
0 Urgent □ For Review □ Please Comment □ Please Reply D Please Recycle
• Comments:
Dear Mr. Harris:
I was asked to send you a letter concerning the participation of Keameco on the Warren County PCB
Landfill Detoxification Project. That letter is attached
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To:
Fax:
Phone:
Re:
Mr. Paul Kearney
Keameco
Participation of Keameco on Warren
County Detoxification Project
. .. .
. ·::: :-. :-·_ .. .::-.:-: ' ... :--·
~ .· .. · .. ~· ..•
ffl Tilf di .. _4 .. illil:111· lllli. ·111· llllllllllllllllllll
NCDENR
From: Pat Backus
Pages: 2
Date: May 8, 2001
CC:
0 Urgent D For Review D Please Comment D Please Reply D Please Recycle
• Comments:
Dear Paul:
I just faxed the attached letter to Ned Harris of Bennington Corporation per Jerry Armstrong's
instruction. Hope this helps.
. .::..._ ... _ ..
North Carolina «~ Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
William L. Meyer, Director
Mr. Ned Harris
Bennington Corporation
205 Fayetteville Street Mall, Suite 201
Raleigh, NC 27601
--·~ n n ,,;, , ____ __
MCDEMR
May 8, 2001
Subject: Participation ofKeameco on
Warren County PCB Landfill Detoxification Project
Dear Mr. Harris:
The State of North Carolina has a contract with IT Corporation for the Detoxification of
the Warren County PCB Landfill. This contract requires work to be done on the side
road going to the landfill and at the intersection with S.R. 1604. The North Carolina
Department of Transportation currently maintains these roads. I am writing this letter to
confirm that IT Corporation is entering into a subcontract agreement with Kearneco of
Warrenton to perform the roadwork needed for this project.
If any further information is needed, please do not hesitate to contact me at (919) 733-
4996 ext 308.
cc: Paul D. Kearney, Kearneco
Jerry Armstrong, NC DOT
Sincerely,
'W~ )h. ~
Patricia M. Backus, P .E.
PCB Landfill Project Manager
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet www.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED I 10% POST CONSUMER PAPER
ACTII..JITV REPORT ..-T '=·=' ··, •• I I ••
15:24
9197153605 SOLID WASTE DIU
DATE TIME DURAT I Ot~ REMOTE ID MODE PAGES RESULT
05 .03 1 4 : 23 00 ' 00" 31323 G3 0 INTERRUPT
05 .03 14 : 24 0 1 I3 8 JJ 919 733 9413 ECM 4 0 . K.
05.03 14: 34 0 1 ' 1 9" [phone] ECM 3 0. K.
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05 .03 16 : 06 01 '01 " 97153060 ECM 3 0 . K.
05.04 09 : 21 01' 06" 9 19 530 5310 ECl1 3 0 . K.
05 .04 12 : 01 04 ' 54" 919 497 8003 ECM 10 0 . K.
05 .04 1 2 : 1 2 00 1 33n 87039341057 ECM 1 0 . K.
05 .04 12: 56 1)0, 00" 87046455146 I~' , .... I) rnTERRUF'T
05 .04 12 : 57 02 ' 26 " 70427854(10 ECM 3 0 . K.
05 .04 15:07 02 ' 37" 252 636 4970 ECl1 6 0 . K.
05.07 08 :20 05 J 35n 2526366655 ECl1 5 0. K.
05.07 10: 26 00 ' 22" 9 198289240 ECM 1 0. K.
05 .07 10 : 30 00 ' 22" 9198289240 ECM 1 0 . K.
05.07 15: 13 04 I 25 >> 317 486 5085 ECM 12 0 . K.
05 .07 15 : 55 0 1 ' 1 1" 3368554129 ECM 3 0 . K.
05 .08 07 :32 00 ' 4 7 " 919 834 8268 ECM 2 0 . K.
05 .08 08 :46 00 ' 49" 98213572 ECM 2 0. K.
05 .08 08 :56 00' 00" 82522579411 G3 0 BUS'/
05 .08 09 :20 01' 30" 86106605711 ECM 4 0 . K.
05.08 09 :54 00' 48" 9 19 257 4460 ECM 2 0. K.
05.08 10 : 28 00' 23 " 19 693 9054 ECM 1 0 . K.
05 .08 13: 39 04 ' 31 " 98281977 ECM 8 0. K.
05 .08 14 : 13 4 00 1 37 n 336 694 1499 ECM 2 0. f(.
05 .08 14 :06 00 ' 48 " 9197338740 G3 2 0 . K.
05 .08 14 :33 0 3' 1 9" 9 19 715 5460 G3 5 0 . K.
05 .08 14 :37 02 ' 27" 9192504325 ECM 7 O.K.
05.08 14 : 4 9 0 2 ' 21 " 8 9195417386 ECM 5 0 . K.
05 .08 15 :20 00 ' 00" 82522574105 G3 0 INTERRUPT
05 .08 15: 2 3 00 ' 57" 82 522579411 ECM 2 0 . K.
l INSTRUCTIONS TO COMPLETE LCIP LANDFILL NOTIFICATION FORM:
1. Contact your county or municipal zoning office for appropriate local requirements, approvals or permits.
2. Please review Solid Waste Management Rules, Section .0564: Siting Criteria for Land Clearing and Inert
Debris (LCID) Landfills, to make sure your facility is suitable. Pay particular attention to minimum buffer
requirements, depth to groundwater, floodplains, wetlands, archeological and historical sites, etc. See page
2 of the notification form.
3. Completely fill in the information (numbers 1 through 12) on page 1 of the LCID Landfill Notification form.
4. Sign the appropriate certification(s) by land owner and landfill operator. For additional land owners and landfill
operators, attach separate notarized certifications for each additional land owner and landfill operator.
Corporate land owners and/or operators should use the appropriate Corporate Certifications. Signature on
the appropriate certifications indicate that siting criteria in item #2 above have been met and the facility will
be operated in accordance with Solid Waste Management Rules, Section .0566: Operational Requirements
for Land Clearing and Inert Debris (LCID) Landfills. See page 2 of the notification form.
5. Have the certifications from item #4 notarized by a Notary Public commissioned in the State of North Carolina.
6. Take the completed LCID Landfill Notification form and accompanying notarized certifications to the county
Register of Deeds Office to be recorded. The Register of Deeds shall index the notification in the grantor
index under the name of the owner of the land in the county or counties in which the land is located.
7 . Mail the completed and recorded notification form, affixed with the Register's seal and the date, book, and
page number of recording, to:
Division of Waste Management
Solid Waste Section
Mail Service Center 1 646
Raleigh, North Carolina 27699-1646
If you have any additional questions, information can be obtained from the Regional Solid Waste Section
Offices located in Asheville, Fayetteville, Mooresville, Raleigh, Washington, Wilmington, and Winston-Salem,
North Carolina.
Disposition: This form will be transferred to the State Records Center when reference value ends. Records will
be held for agency in the State Records Center five (5) additional years and then transferred to the
custody of the Archives .
••••................•....•........••......••••••••.•........•.•••••••.••••••.••••.••••
As long as your disposal activities remain in an area under 2 acres in size, you may operate under the provisions of
this notification. This notification is not transferrable.
The Land Clearing and Inert Debris landfill shall receive only:
D Land Clearing Waste as provided for in 15A NCAC 13B .0101 (53); stumps, trees, limbs, brush,
grass, and other naturally occurring vegetative material.
D Inert Debris and untreated wood as provided for in 15A NCAC 13B .0101 (54); concrete, brick,
concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood.
D Used asphalt as provided for under North Carolina General Statute § 130A-309.09B(a)(1 ); used
asphalt or used asphalt mixed with dirt, sand, gravel, rock, and concrete.
All sedimentation and erosion control activities shall be conducted in accordance with 1 5A NCAC 4, Sedimentation
Control. Construction and operations involving sedimentation and erosion control activities greater than 1 acre typically
require approval from the Land Quality Section. Contact the Land Quality Section to determine if your activities require
approval.
North Carolina Al.;1\~ J
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
William L. Meyer, Director
,n ,n -, .
NCDENR
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 138 .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing and Inert
Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior to
constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds'
Office. The Register of Deeds shall index the notification under the name of the owner(s) of the land in
the county or counties in which the land is located. The Register's seal and the date, book, and page
number of recording must be included on this form when submitted to the Division. This notification is not
valid to authorize operation of a landfill unless complete, accurate, recorded, and submitted to the Division
as required by 15A NCAC 13B .0563(2)(b).
1. Facility Name: _______________________________ _
2. Facility location (street address):. ________________________ _
City: ____________ County: _______ Zip: ___________ _
3. Directions to ,Site: ______________________________ _
4. The land on which this landfill is located is described in the deed recorded in:
deed book:. _________ page: _________ county: _________ _
5. Name of land owner:. _____________________________ _
6. Mailing address of land owner: _________________________ _
City: ___________ State: ____________ Zip: ________ _
7. Telephone number of land owner:.,___ ____ ,__ _________________ _
If the land is owned by more than one person, attach additional sheets with the name, address,
and phone number of all additional land owners.
8. Name of operator: ____ _;,_ _________________________ _
9. Trade or business name of operator: _______________________ _
10. Mailing address of operator: __________________________ _
City: ____________ State: ____________ Zip: _______ _
11. Telephone number of operator:.,___ _____ _.___ __________________ _
If the landfill is operated by more than one person, attach additional sheets with the name,
address, and phone number of all additional operators.
12. Projected use of land after completion of landfill operations: _____________ _
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] IO\ Internet: www.enr.state.nc.us/
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/ I 0% POST CONSUMER PAPER
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating
under notification.
From: North Carolina Solid Waste Management Rules 15A NCAC 13B:
.0101
(53)
(54)
(55)
. 0563
DEFINITIONS
"Land clearing waste" means solid waste which is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass,
and other naturally occurring vegetative material.
"Land clearing and inert debris landfill" means a facility for the land disposal of land clearing waste, concrete, brick, concrete block,
uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.
"Yard trash" means solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and similar vegetative
materials .
APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Management of land clearing and inert debris shall be in accordance with the State hierarchy for managing solid waste as provided for under N.C.G.S.
§ 130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfilling is
necessary, the requirements of this Rule apply.
(1)
(2)
.0564
An individual permit from the Division of Solid Waste Management is not required for Land Clearing and Inert Debris (LCID) landfills that meet
all of the following conditions:
(a) The facility is to be operated for the disposal of land clearing waste, inert debris, untreated wood, and yard trash. Operations must
be consistent and in compliance with the local government solid waste management plan as approved by the Division of Solid
Waste Management.
(b) The total disposal area is under two acres in size.
(c) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0566.
(d) The fill activity is not exempt from, and must comply with all other Federal, State, or Local laws, ordinances, Rules, regulations,
or orders, including but not limited to zoning restrictions, flood plain restrictions, wetland restrictions, sedimentation and erosion
control requirements, and mining regulations.
Where an individual permit is not required, the following applies:
(a) The owner of the land where the landfill is located must notify the Division on a prescribed form, duly signed, notarized, and
recorded as per Rule .0563(2)(b). The operator of the landfill, if different from the land owner, shall also sign the notification form.
(b) The owner must file the prescribed notification form for recordation in the Register of Deeds' Office. The Register of Deeds shall
index the notification in the granter index under the name of the owner of the land in the county or counties in which the land is
located. A copy of the recorded notification, affixed with the Register's seal and the date, book and page number of recording shall
be sent to the Division of Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill is sold, leased, conveyed, or transferred in any manner, the
deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the
deed or instrument a statement that the property has been used as a Land Clearing and Inert Debris Landfill and a reference by
book and page to the recordation of the notification.
SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
The following siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
.0566
Facilities or practices, shall not be located in the 100-year floodplain.
Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
Facilities or practices shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as
identified in 50 CFR Part 17 which is hereby incorporated by reference including any subsequent amendments and editions. This material is
available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin
Road, Raleigh, North Carolina 27605 where copies can be obtained at no cost.
Facilities or practices shall not damage or destroy an archaeological or historical site.
Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other lands included in the state
nature and historic preserve.
Facilities shall not be located in any wetland as defined in the Clean Water Act, Section 404(b).
It must be shown that adequate suitable soils are available for cover, either from on or off site.
Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:
(a) Facilities or practices shall not cause a discharge of pollutants into waters of the state that is in violation of the requirements of
the National Pollutant Discharge Elimination System (NPDES). under Section 402 of the Clean Water Act, as amended.
(b) Facilities or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation
of the requirements under Section 404 of the Clean Water Act, as amended.
(c) Facilities or practices shall not cause non-point source pollution of waters of the state that violates assigned water quality
standards.
(d) Waste in landfills with a disposal area greater than two acres shall be placed a minimum of four feet above the seasonal high water
table, except where an alternative separation is approved by the Division.
(e) Waste in landfills with a disposal area less than two acres shall be placed above the seasonal high water table.
The facility shall meet the following minimum buffer requirements:
(a) 50 feet from the waste boundary to all surface waters of the state as defined in G.S. 143-212.
(b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
(c) Buffer requirements may be adjusted as necessary to insure adequate protection of public health and the environment.
The facility shall meet all requirements of any applicable zoning ordinance.
OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements:
(1) Operational plans shall be approved and followed as specified for the facility.
(2) The facility shall only accept those solid wastes which it is permitted to receive.
(3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.
(4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.
2
-.::..-...
., (5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
1 20 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered
with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division may require further
action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community.
Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on
site erosion.
Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 1 20 calendar days upon
completion of any phase of landfill development.
The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an
operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational
requirements and to prevent acceptance of unauthorized wastes.
Access roads shall be of all-weather construction and properly maintained.
Surface water shall be diverted from the working face and shall not be impounded over waste.
Solid waste shall not be disposed of in water.
Open burning of solid waste is prohibited.
The concentration of explosive gases generated by the facility shall not exceed:
(a) Twenty-five percent of the lower explosive limit for the gases in facility structures.
(b) The lower explosive limit for the gases at the property boundary.
Leachate shall be properly managed on site through the use of current best management practices.
Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601
and .0602 of this Subchapter.
A sign shall be posted at the facility entrance showing the contact name and number in case of an emergency and the permit number. The
permit number requirement is not applicable for facilities not requiring an individual permit.
Certification by Land Owner:
I certify that the information provided by me in this notification is true, accurate, and complete to the best
of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill
will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B, North Carolina
Solid Waste Management Rules. The facility and operations of this landfill will also comply with all
applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the operator is
different from the land owner, I, the land owner, have knowledge of the operator's plans to dispose of
solid waste on the land and I specifically grant permission for the operation of the landfill. I understand
that both the land owner and operator are jointly and severally liable for improper operations and proper
closure of the landfill as provided for by North Carolina General Statute 130A-309.27. I further understand
that North Carolina General Statute 130A-22 provides for administrative penalties of up to five thousand
dollars ($5,000.00) per day per each violation of the Solid Waste Management Rules. I further understand
that the Solid Waste Management Rules may be revised or amended in the future and that the facility
siting and operations of this landfill will be required to comply with all such revisions or amendments.
Print Name (Owner) Signature (Owner) Date
North Carolina
_________________ County
I, ________________ , a Notary Public for said County and State, do hereby certify
that ______________ personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the _____ day of __________ , 20 ____ _
(Official Seal)
Notary Public
My commission expires ______________ , 20 ____ _
3
Certification by Landfill Operator (if different from Owner):
I certify that the information provided by me in this notification is true, accurate, and complete to the best
of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill
will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138, North Carolina
Solid Waste Management Rules. The facility and operations of this landfill will also comply with all
applicable Federal, State, and Local laws, rules, regulations, and ordinances. I have informed the land
owner of my plans to dispose of solid waste on the land and the land owner has specifically granted
permission for the operation of the landfill. I understand that both the operator and land owner are jointly
and severally liable for improper operations and proper closure of the landfill as provided for by North
Carolina General Statute 130A-309.27. I further understand that North Carolina General Statute 130A-22
provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each violation
of the Solid Waste Management Rules. I further understand that the Solid Waste Management Rules may
be revised or amended in the future and that the facility siting and operations of this landfill will be
required to comply with all such revisions or amendments.
Print Name (Operator)
North Carolina
Signature (Operator)
_________________ County
Date
I, _______________ , a Notary Public for said County and State, do hereby certify
that ______________ personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the ____ day of __________ , 20 ____ _
(Official Seal)
Notary Public
My commission expires _____________ , 20 ____ _
For additional land owners and landfill operators, attach separate notarized certifications for each
additional land owner and landfill operator.
For Corporate land owners and/or operators, use the Corporate Certifications, pages 5 and 6. Contact the
Division of Solid Waste Management for proper applicable certifications.
Purpose:
Distribution:
Disposition:
INSTRUCTIONS
Notification of Land Clearing and Inert Debris Landfills under two (2) acres in size is required under 15 NCAC 13B .0563(2)(a).
Contact the Solid Waste Section at the address below for further information.
Mail completed recorded original notification to the following address:
Division of Solid Waste Management
Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
[phone]
This form will be transferred to the State Records Center when reference value ends. Records will be held for agency in the State
Records Center five 15) additional years and then transferred to the custody of the Archives.
4
Certification by Corporate Land Owner:
I certify that the information provided by me in this notification is true, accurate, and complete to the best
of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill
will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138, North Carolina
Solid Waste Management Rules. The facility and operations of this landfill will also comply with all
applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the operator is
different from the corporate land owner, the corporate land owner, has knowledge of the operator's plans
to dispose of solid waste on the land and is specifically granted permission for the operation of the landfill.
It is understood that both the corporate land owner and operator are jointly and severally liable for
improper operations and proper closure of the landfill as provided for by North Carolina General Statute
130A-309.27. It is further understand that North Carolina General Statute 130A-22 provides for
administrative penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid
Waste Management Rules. It is further understood that the Solid Waste Management Rules may be revised
or amended in the future and that the facility siting and operations of this landfill will be required to
comply with all such revisions or amendments.
Corporation Name (Print)
(Corporate Seal)
President or Vice-President Name (Print)
President or Vice-President Signature
North Carolina
________________ County
Date
Attest:
Corporate Secretary Name (Print)
Corporate Secretary Signature
I, _______________ , a Notary Public for said County and State, do hereby certify
that ______________ (name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of _________________ _ (name of
corporation), a corporation, and that by authority duly given and as the act of the corporation, the forgoing
instrument was signed in its name by its ______________ (president or vice-president),
sealed with its corporate seal, and attested by himself (or herself) as its secretary.
Witness my hand and official seal, this the ____ day of ______ , 20 ______ _
(Official Seal)
Notary Public
My commission expires. ____________ , 20 ___ _
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Certification by Corporate Landfill Operator (if different from Owner):
I certify that the information provided by me in this notification is true, accurate, and complete to the best
of my knowledge. The facility siting and disposal operations of this L_and Clearing & Inert Debris landfill
will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138, North Carolina
Solid Waste Management Rules. The facility and operations of this landfill will also comply with all
applicable Federal, State, and Local laws, rules, regulations, and ordinances. The land owner has been
in.formed of plans to dispose of solid waste on the land and the land owner has specifically granted
permission for the operation of the landfill. It is understood that both the operator and land owner are
jointly and severally liable for improper operations and proper closure of the landfill as provided for by
North Carolina General Statute 130A-309.27. It is further understood that North Carolina General Statute
130A-22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each
violation of the Solid Waste Management Rules. It is further understood that the Solid Waste Management
Rules may be revised or amended in the future and that the facility siting and operations of this landfill
will be required to comply with all such revisions or amendments.
Corporation Name (Print)
(Corporate Seal)
President or Vice-President Name (Print)
President or Vice-President Signature
North Carolina
________________ County
Date
Attest:
Corporate Secretary Name (Print)
Corporate Secretary Signature
I, _______________ , a Notary Public for said County and State, do hereby certify
that ______________ (name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of __________________ _ (name of
corporation), a corporation, and that by authority duly given and as the act of the corporation, the forgoing
instrument was signed in its name by its _______________ (president or vice-president),
sealed with its corporate seal, and attested by himself (or herself) as its secretary.
Witness my hand and official seal, this the _____ day of _________ , 20 ____ _
(Official Seal)
Notary Public
My commission expires _____________ , 20 ____ _
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