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RHO: Okay, thanks.
<br />DARROW: Well, without submitting the plan approval, and the other conditions -.
<br />But at this time -.
<br />RHO: It’s like we’re going in a circle, right? If you don’t submit the plan, then
<br />you don’t have to do the landscaping. So you operate your business without doing the
<br />landscaping because you didn’t do your plan. I mean I don’t want to get into this. I just want to
<br />end this at this point, so I won’t ask you a question. I’m just pointing that out.
<br />WATANABE: Okay. So I guess you’re not entirely satisfied, but shall we move on.
<br />Okay. So I think you’ve got the gist of what we’re saying, Mr. Miranda. And for the record I
<br />understand why you indicated you will not comply because you don’t have the money to
<br />channelize. I understand why you said that. But for the record for this Commission to
<br />seemingly endorse that and completely ignore the State Highway’s recommendation, that might
<br />be a bit of a stretch for us. And so I think, you know, when you’re looking at, I believe it was
<br />Condition 9 where you will comply with all requirements from Federal, State, etc., that will be
<br />our official position, yeah, in this. You have any comments to that, Mr. Director?
<br />YUEN: No. The permit was passed without a requirement that he make a
<br />channelized intersection. The only thing that he needs to do and actually the only thing that the
<br />letter is asking him to do is to get a permit to work within the State highway right-of-way. I
<br />think what’s going on here, and I don’t know exactly the specifics, but I bet you 90 percent, I’ll
<br />give you pretty good odds that what’s going on here is that whenever -. People, you know, they
<br />have property that abuts the State highway. If you want to make a driveway into the State
<br />highway, or if you have an existing driveway let’s say gravel and you want to pave the portion
<br />that’s within the State highway right-of-way, you need this permit to work within the State
<br />highway right-of-way. And it may, the right-of-way for the State, the highway, may extend
<br />beyond what looks like the highway, you know. There’s a paved portion of the highway, there’s
<br />a shoulder, and then the right-of-way may extend, you know, beyond that; and in this case, your
<br />driveway might be already in the right-of-way. And if you pave it, you know, technically the
<br />State doesn’t want you to have this permit. It may look like, and they may be wrong, maybe you
<br />didn’t pave within the right-of-way. Now I don’t know -. How do you know where the right-of-
<br />way is? Do you have a pin there or does it really show you that?
<br />MIRANDA: There’s a pin on both sides, well, my property and the neighbor’s
<br />property. On my side the pins are out where the State Highway paved. On the other side, it kind
<br />of angles off; and I probably paved maybe a foot.
<br />YUEN: Well, you know, so if he did pave, you know, the State might not be
<br />correct, maybe he didn’t pave in the right-of-way. But if he did pave within the right-of-way
<br />then he does have to get this taken care of. But as far as, there isn’t a requirement in the permit
<br />that he make a channelized intersection.
<br />WATANABE: Okay, thank you for that clarification. Mr. Woodward, yes.
<br /> EXHIBIT A 13
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