North Carolina § 87-127 - Design notices.

§ 87-127. Design notices.

A designer may submit a design notice to the Notification Center. The design notice shall describe the tract or parcel of land for which the design notice has been submitted with sufficient particularity, as defined by policies and procedures adopted by the Notification Center, to allow the operator to ascertain the precise tract or parcel of land involved. Within 10 working days, not including the day the notice was given, after a design notice for a proposed project has been submitted to the Notification Center, the operator shall respond in one of the following manners: By designating the location of all facilities owned by the operator within the area designated by the design notice as provided in G.S. 87-121(a). By providing to the person submitting the design notice the best available description of all facilities in the area designated by the design notice, which may include drawings marked with a scale, dimensions, and reference points for underground utilities already built in the area or other facility records that are maintained by the operator. Allowing the person submitting the design notice or any other authorized person to inspect the drawings or other records for all facilities within the area designated by the design notice at a location that is acceptable to the operator. An operator may reject a design notice based upon homeland security considerations pending the operator obtaining additional information confirming the legitimacy of the notice. The operator shall notify the person making the request through a design notice of the denial and may request additional information through the positive response system. History (2013-407, s. 2; 2019-189, s. 1.) Editor's Note. - Session Laws 2019-189, s. 3, made the amendment of subsection (b) by Session Laws 2019-189, s. 1, effective October 1, 2019, and applicable to excavations and demolitions occurring on or after that date. Effect of Amendments. - Session Laws 2019-189, s. 1, substituted "designated by the design notice" for "of the proposed excavation" in subdivision (b)(1); and substituted "area designated by the design notice" for "proposed area of excavation" in subdivision (b)(3). For effective date and applicability, see editor's note.