DOT won't release I-26 damage claims

For the past year, asphalt on Interstate 26 and the Mark Clark Expressway has come apart, sending hailstorms of rocks into motorists' windshields and fenders.

The state Department of Transportation is telling motorists with vehicle damage to file claims with the agency. So how many claims have been filed?

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Transportation officials refuse to say, arguing that such information is confidential legal information.

They said the agency is taking damage claims at the request of their attorneys, and that because of this, the number of claims and the cost to taxpayers doesn't have to be released under the state's open records laws.

But Bill Rogers, executive director of the S.C. Press Association, said that information should be public.

"The money and number of claims has nothing to do with attorney-client privilege," Rogers said. "How do we know it's not the department's employees filing the claims? It all needs to be open."

The rock damage issue stems from the use of what's known as "open graded friction" asphalt on parts of I-26. This particular asphalt mix is more permeable and quieter to drive on than some other surface types. It's also designed to reduce splattering and spray in wet weather.

But open graded friction asphalt also is known to come apart quickly at the end of its life cycle, and that's what happened in the past year on the Mark

Clark Expressway and I-26 north of Ashley Phosphate Road.

Last year, as part of a $6.3 million resurfacing job, Banks Construction put down a new layer of asphalt on parts of the Mark Clark, but crews ran into a problem with a binder and other issues, and some of that new surface layer broke apart, adding to the rock-spraying problem.

Both the Mark Clark and I-26 will be resurfaced when the weather gets warm enough, said Tim Henderson, construction engineer with the Transportation Department. A Banks Construction official said work is tentatively scheduled to begin sometime in May, Henderson said.

Reach Tony Bartelme at 937-5554.