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<br /> <br />11 <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 many, 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 fact that Castle Concrete selected the <br />6 berm alternative no only proves them in hindsight that that was a <br />7 suspect treatment, but I would certainly hope that the very <br />8 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 saying that irrevocably committed that guardrails should be <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 of vier. tie 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 />23 state, and the Board can't really condone that. <br />24 My problem is that I think it's a fundamental principal <br />25 of lax that people can only be tried once for the same offense, <br />