20060331 Ver 1_Other Documents_20111012

■ BARNHILL
CONTRACT NG
COMPANY
231 1 North Main Street
PO Box 1529
Tarboro, North Carolina 27886
252.923 -1021 Fax: 252 - 823 -0137
www- 6era"111contractlnp.com
October 10, 2011
Mr. Jeff B. Loflin, P. E.
Resident Engineer
North Carolina Department
Of Transportation
P. O. Box 1164
Asheboro, N. C. 27204 -1164
Dear Mr. Loflin:
Re: BCC #210908, St. Contract #C201918
Randolph N. C., US -311
Wyatt Farlow Lake
OCT is am
D1VlYlCN 8
ylslOh OF
41101664
We in receipt of your letter dated September 20, 2011 concerning the Wyatt Farlow Lake. We
understand that the investigation has been made and there are reasons why this silt may have found its way into
his lake. As per your letter, we are in total agreement that it has not been determined and/or established that the
origin of materials in the lake are from this project. Also, through our own investigation, we did not see
deposits of settlement that reached far enough to enter the Wyatt Farlow Lake.
In references to 107 -12 and 107 -15 of the Standard Specifications concerning Barnhill Contracting
Company's possible liabilities in this matter, we do not feel like either of these were applicable in this situation.
Even though 107 -15(H) does specifically say that the "Contractor is to control erosion" and (G) refers to
"Silting ", none of this was the attributable fault of and/or a result of either Barnhill Contracting Company or our
designer HDR, as all erosion devices required and called for have been installed and implemented at the proper
times and in the designated places. We feel like any failures of erosion control (if they arc applicable to this
situation or not) are the result of permit requirements and design requirements given to %IDR.
Further, as we both are aware and you realize, these requirements were unsatisfactory and have not faired well
on the project.
With all this being said, at this point we still do not know # Mr, Wyatt Farlow's property was damaged by this
fob. This project is a substantial distance from Mr. Farlow's property, and there have been farming operations and
clearing and grubbing operations between this project and Mr. Farlow's property. In addition, we have learned that it
has been a "standard" for many years standing, that this lake has had to be dredged due to similar situations prior.
This was true even before this project was even considered, much less constructed.
Given all of the above, while we are sympathetio to his circumstances, at this point in time we deny any
obligation and/or responsibilities toward Mr. Farlow's problem. If you wish to discuss this matter further, please
do not hesitate to give me a call.
Yours very truly,
BARNHILL QU-9YRACTING COMPANY
Drew son, P. E.
Vice Wsident
DMJ /jks