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Subpart 1.

Facility locate.

Unless otherwise agreed to between the excavator and operator, an operator shall locate an underground facility using stakes, flags, paint, or other suitable materials in varying combinations dependent upon the surface. The locate must be in sufficient detail to clearly identify the approximate route of the underground facility. The locate must also include:


name, abbreviation, or logo of the operator when more than one operator listed on the notice uses the same color markings;


width of the underground facility if it is greater than eight inches; and


number of underground facilities if greater than one.

Subp. 2.

Operator duties in no conflict situation.

After December 31, 2005, an operator who receives notice and determines that an underground facility is not in conflict with the proposed excavation shall complete one or more of the following:


mark the area "NO" followed by the operator's name, abbreviation, or logo in the color code of the underground facility not in conflict;


place a clear plastic flag at the area that:


states "N/C" or "NO CONFLICT" in lettering matching the color code of the underground facility that is not in conflict; and


includes the operator's name, abbreviation, or logo, the date, a contact telephone number, and the ticket number; or


contact the notification center through procedures required by the notification center and indicate that there are no underground facilities in conflict with the proposed excavation and that no markings or flags were left at the proposed excavation site.

Subp. 3.

Placement of flags or markings.

If using N/C (no conflict) flags or markings pursuant to subpart 2, an operator shall place the flags or markings in a location that can be readily observed by an excavator. When an area of proposed excavation is delineated by the use of white markings, an operator shall place the N/C flags or markings within, or as near as practicable to, the delineated area.

Subp. 4.

Duties of notification center.

After December 31, 2005, the notification center shall make the information received under subpart 2 available to the excavator before the start date and time on the notice. The notification center may fulfill this requirement by making the information accessible through one or more Internet addresses, by transmitting the information to a continuously working facsimile machine maintained by the excavator, or by other methodology developed by the notification center. The notification center shall make available the information received by operators pursuant to this section through an electronic means. The notification center is not required by this subpart to contact an excavator verbally via telephone.

Statutory Authority:

MS s 299J.04


29 SR 1503

Published Electronically:

July 20, 2005