UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-1150 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSUR- ANCE COMPANY, Plaintiff - Appellee, versus TRIANGLE PAVING, INCORPORATED, Defendant - Appellant, and EMJ CORPORATION; UNITED STATES FIDELITY & GUARANTY COMPANY, Defendants. CAROLINAS AGC, INCORPORATED; INSURANCE ENVIRONMENTAL LITIGATION ASSOCIATION, Amicus Curiae. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-95-892-5-3-BR) Argued: July 10, 1997 Decided: July 29, 1997 Before WILKINSON, Chief Judge, HAMILTON, Circuit Judge, and NORTON, United States District Judge for the District of South Carolina, sitting by designation. Affirmed by unpublished per curiam opinion. ARGUED: Jay McCullam Wilkerson, BUGG & WOLF, Durham, North Caro- lina, for Appellant. Walter Edgar Brock, Jr., YOUNG, MOORE & HENDERSON, P.A., Raleigh, North Carolina, for Appellee. ON BRIEF: John B. Taylor, JOHNSON, TAYLOR, ALLISON & HORD, Charlotte, North Carolina, for Amicus Curiae Carolinas AGC. Laura A. Foggan, Daniel E. Troy, Alex M. Azar, II, WILEY, REIN & FIELDING, Washington, D.C., for Amicus Curiae Insurance Association. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Pennsylvania National Mutual Casualty Insurance Company (Penn National) brought this declaratory judgment action against Triangle Paving, Inc. (Triangle), seeking a declaration that it was not ob- ligated to provide insurance coverage under two insurance policies it had issued to Triangle for damages associated with job-site run- off (sedimentation) from a construction site. The district court granted summary judgment in favor of Penn National, concluding that the job-site runoff was a "pollutant" as that term was defined in the policies and, therefore, fell within the policies' "total pollution" exclusions. Triangle now appeals that decision. Our review of the record, the district court's opinion, and the argu- ments of counsel have revealed that this appeal is without merit. Accordingly, we affirm the judgment of the district court for the reasons stated by that court in its opinion. See Pennsylvania National Mutual Casualty Insurance Company v. Triangle Paving, Inc., No. 5:95-CV-892-5-3-BR (E.D.N.C. December 30, 1996). AFFIRMED 3