North Dakota Code § 49-23-05

Precautions to avoid damage
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To avoid damage to and minimize interference with underground facilities in and near the 
excavation area, a ticket holder shall:
1. Maintain a clearance between an underground facility and the cutting edge or point of 
any mechanized equipment, considering the known limit of control of the cutting edge 
or point to avoid damage to the facility.
2. Provide support in a manner approved by the operator for underground facilities in and 
near the construction area, including backfill operations to protect the facilities. Backfill 
must be of a material equal to or better in both quality and quantity to the existing 
backfill.
3. Assume ownership of materials used to mark the facility , use reasonable efforts to 
maintain markings during excavation, and remove all tangible marking materials used 
to mark the underground facility and site area upon completion of the excavation.
4. Assume the cost of excavation to expose the facility unless otherwise indicated by 
owner of facility.
5. Conduct the excavation in a careful and prudent manner.
6. Properly manage spoil material to prevent shifting or falling material that could damage 
belowground facilities.

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