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NOV-C-89-033 - Continued -2- March 9, 1990 <br /> Fault <br /> Mid-Continent argued that since they cleared topsoil from the rest of the road <br /> area, there was no lack of diligence. Additionally, the area in question was <br /> a fill , not an area of excavation, and Rule 4.03.3 addresses only excavations <br /> specifically. <br /> I agree witn the proposed penalty. It represents a low degree of fault. It <br /> appears to me that topsoil salvage from this area was overlooked during road <br /> construction. <br /> Good Faith <br /> To receive a good faith reduction, the violation must be abated and it must <br /> done in the shortest time possible with a demonstration of extraordinary <br /> effort. This violation cannot be abated, and therefore a good faith reduction <br /> is not applicable. <br /> Final Civil Penalty <br /> History $ 400.00 <br /> Seriousness 250.00 <br /> Fault 250.00 <br /> Good Faith 0.00 <br /> TOTAL �U� <br />