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without using hand digging to expose the existing lateral facilities in conformance with <br />M.S. § 216D.04, Subdivision 3, as amended, over a continuous length in excess of 500 <br />feet. <br />DEGRADATION. A decrease in the useful life of the right-of-way caused by <br />excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the <br />right-of-way earlier than would be required if the excavation or disturbance did not occur, <br />DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to <br />achieve a level of restoration as determined by the city at the time the permit is issued, <br />not to exceed the maximum restoration shown in plates one to 13, set forth in Minn. <br />Rules parts 7819.9900 to 7819,9950, <br />DEGRADATION FEE. The estimated fee established at the time of permitting by <br />the city to recover costs associated with the decrease in the useful life of the rights-of- <br />way caused by the excavation, and which equals the degradation costs, <br />DELAY PENALTY The penalty imposed as a result of unreasonable delays in <br />right-of-way excavation, obstruction, patching or restoration as established by permit. <br />EMERGENCY A condition that: <br />(1) Poses a danger to life or health, or of a significant loss of property; or <br />(2) Requires immediate repair or replacement of facilities in order to restore <br />service to a customer. <br />EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any <br />right-of-way. <br />EXCA VA TE. To dig into or in any way remove or physically disturb or penetrate <br />any part of a right-of-way, <br />EXCAVATION PERMIT The permit which, pursuant to this subchapter, must be <br />obtained before a person may excavate in a right-of-way described in the permit. <br />FACILITY or FACILITIES. Any tangible asset in the right-of-way required to <br />provide utility service. <br />HOLE. An excavation in the right-of-way, with the excavation having length less <br />than the width of the pavement. <br />MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of- <br />way, including the cost, if incurred, of those associated with registering applicants; <br />issuing, processing and verifying right-of-way permit applications, inspecting job sites <br />and restoration projects; maintaining, supporting, protecting or moving user facilities <br />