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1 <br /> <br /> 11 <br /> <br /> 1 that was to the issues of berms vs. the guardrails. No doubt in <br /> 2 my mind that there has been--there is and has been for ^any, many <br /> 3 years and insurance requirement that berms or guardrails be <br /> 4 installed on roads of this type. <br /> 5 I think that the Yact that Castle Concrete selected the <br />' 6 b <br />lt <br />th <br />d <br />t th <br />t <br />ti <br />l <br />i <br />hi <br />i <br />ht th <br /> erm a <br />erna <br />ve no on <br />y proves <br />a <br />a <br />was a <br />em <br />n <br />n <br />s <br />g <br />' 7 suspect treatment, but I would certainly hope that the very <br /> S strong consideration would be given either to the insetting the <br />' 9 berm or even preferably going to the guardrail system. <br /> 10 And I am not mandating that at this time. I am not <br />' 11 sa <br />that irrevocabl <br />committed that <br />uardrails should be <br />in <br /> y <br />g <br />y <br />g <br />' 12 installed rather than berms, but it appears to me that there has <br /> 13 been a fairly lengthy track record showing the berm situation <br />' 14 simply does not work there. <br /> 15 CHAIRMAN DANIELSON: I guess I 'd have to say I've some <br />' 16 concerns about your motion, Terry. I know my thinking is often <br /> 17 so close to yours, I think our divergences are minor--but I have <br /> 18 a couple of concerns and maybe you can adjust them. <br />' 19 One of them is from a legal point oY view. We have a <br /> 20 situation which, as you say, I think is environmentally <br />' 21 unacceptable particularly the situation along the road. That's <br /> 22 just not he way the roads ought to be maintained, mines in this <br />' ' <br /> 23 t really condone that. <br />state, and the Board can <br />' 24 My problem is that I think it's a fundamental principal <br /> <br />1 25 of law that people can only be tried once for the same offense, <br />