“3. Notwithstanding subd. 2., if the engineer of record for a highway 4
improvement determines that the use of a subbase material included in the list 5
under subd. 1. would be detrimental to the improvement for site-specific reasons, he 6
or she may prohibit the use of that material as a subbase in the improvement. If the 7
engineer of record prohibits the use of a subbase material under this subdivision, he 8
or she shall provide that determination in writing.”.