If an operator who has been given notice as provided in N.C. Gen. Stat. § 87-120(d) by the Notification Center fails to respond to that notice as provided in N.C. Gen. Stat. § 87-121 or fails to properly locate the facility, the person excavating is free to proceed with the excavation. Neither the excavator nor the person financially responsible for the excavation will be liable to the nonresponding or improperly responding operator for damages to the operator’s facilities if the person doing the excavating exercises due care to protect existing facilities when there is evidence of the existence of those facilities near the proposed excavation area. ?(2013-407, s. 2.)