New Mexico § 62-14-3 - Excavation

§ 62-14-3. Excavation

A person who prepares engineering plans for excavation or who engages in excavation

shall: A. determine the location of any underground facility in or near the area where the

excavation is to be conducted, including a request to the owner or operator of the

underground facility to locate the underground facility pursuant to Section 62-14-5 NMSA 1978; B. plan the excavation to avoid or minimize interference or damage to underground

facilities in or near the excavation area; C. provide telephonic advance notice of the commencement, extent and duration of the

excavation work to the one-call notification system operating in the intended excavation

area, and to the owners or operators of any existing underground facility in and near

the excavation area that are not members of the local one-call notification center,

in order to allow the owners to locate and mark the location of the underground facility

as described in Section 62-14-5 NMSA 1978 prior to the commencement of work in the excavation area, and shall request reaffirmation

of line location every ten working days after the initial request to locate; D. prior to initial exposure of the underground facility, maintain at least an estimated

clearance of eighteen inches between existing underground facilities for which the

owners or operators have previously identified the location and the cutting edge or

point of any mechanical excavating equipment utilized in the excavation and continue

excavation in a manner necessary to prevent damage; E. provide such support for existing underground facilities in or near the excavation

area necessary to prevent damage to them; F. backfill all excavations in a manner and with materials as may be necessary to

prevent damage to and provide reliable support during and following backfilling activities

for preexisting underground facilities in or near the excavation area; G. immediately notify the one-call notification system operating in the area in the

form and format required by the commission and by telephone the owner of any underground

facilities that may have been damaged or dislocated during the excavation work; and H. not move or obliterate markings made pursuant to Chapter 62, Article 14 NMSA 1978 or fabricate markings in an unmarked location for the purpose of concealing

or avoiding liability for a violation of or noncompliance with the provisions of Chapter 62, Article 14 NMSA 1978 .