New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 12 - DAM DESIGN, CONSTRUCTION AND DAM SAFETY › Section 19.25.12.12 - CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Signed certifications by the dam owner, engineer, surveyor,
				  local and state emergency management officials and the state engineer are
				  required by these regulations on specific documents. Approved model
				  certifications for the dam owner, engineer, surveyor, local and state emergency
				  management officials and state engineer are provided below. Changes to the
				  model certifications require prior approval of the state engineer.
A. DAM OWNER'S CERTIFICATE: A certificate
				followed by the dated signature of the dam owner and notary public
				acknowledgment is required on the title sheet of the construction drawings and
				first page behind the front cover of the operation and maintenance manual and
				emergency action plan. The following model certification is considered to be an
				example of the minimum that the dam owner shall certify. If the dam owner is a
				corporation, political subdivision or other governmental entity a model
				certificate is also provided.
I
, (dam owner's name)
,being first
				  duly sworn, upon my oath, state that I have read and examined the accompanying
				  ________________________ (construction drawings consisting of ____ sheets,
				  operation and maintenance manual, or emergency action plan) and know the
				  contents and representations therein for __________________ dam and all that is
				  shown herein is done with my free consent and in accordance with my wishes and
				  state that the same are true and correct to the best of my knowledge and
				  belief.
_______________________________
Dam owner signature Date
Subscribed and sworn to before me this _____ day of
				  _________________, 20__.
_______________________________
Notary public
My commission expires ____________ (SEAL)
If a claimant is a corporation, political subdivision or
				  other governmental entity the following shall be used:
I,
________
,being first duly sworn,
				  upon my oath, state that I am the _____________ (officer) of the
				  ___________________________, a
(corporation or political
				  subdivision)
duly organized under the laws of the state of
				  ______________, that the accompanying ________________________ (construction
				  drawings consisting of ____ sheets, operation and maintenance manual, or
				  emergency action plan) for __________________ dam were made under authority of
				  the board of directors of said
(corporation or political
				  subdivision)
and that, in their behalf, I have read and examined
				  the statements and representations and all that is shown herein is done with
				  their free consent and in accordance with their wishes and state that the same
				  are true and correct to the best of my knowledge and belief.
_____________________________________
Representative signature, title Date
Subscribed and sworn to before me this _____ day of
				  _________________, 20__.
_______________________________
Notary public
My commission expires ____________ (SEAL)
B. ENGINEER'S CERTIFICATE: A certificate
				followed by the dated signature, license number and seal of the engineer
				responsible for preparing the report, construction drawings, specifications,
				operation and maintenance manual and engineering elements of the emergency
				action plan is required. The certificate shall be placed on the title sheet of
				the construction drawings and first page behind the front cover of the report,
				specifications, operation and maintenance manual and emergency action plan. The
				following model certification is considered to be an example of the minimum
				that the engineer must certify to:
I
, (engineer's name)
, hereby
				  certify that I am a professional engineer licensed in the state of New Mexico,
				  qualified in ____________________ (civil, geotechnical, etc.) engineering; that
				  the accompanying ______________ (report, construction drawings consisting of
				  ____ sheets, specifications,
________
elements of the
				  operation and maintenance manual, or _________________ elements of the
				  emergency action plan) for __________ dam was prepared by me or under my
				  supervision; that the accompanying ______________ (report, construction
				  drawings consisting of ____ sheets, specifications,
________
elements of the operation and maintenance
				  manual, or _________________ elements of the emergency action plan) is in
				  compliance with the Dam Design, Construction and Dam Safety Regulations
				  (19.25.12 NMAC) and that the same are true and correct to the best of my
				  knowledge and belief.
(Engineer's signature)
, License
				  number ______________ (SEAL)
Engineer's name
Date: ______________
C. SURVEYOR'S CERTIFICATE: The professional
				surveyor licensed in the state of New Mexico preparing the plat of survey
				showing property boundaries, acquired easements or rights-of-way shall include
				a certificate on the plat of survey as modeled in Paragraph (2) of Subsection J
				of 12.8.2.9 NMAC, the Minimum Standards for Surveying in New Mexico. The
				following model certificate is considered to be an example of the minimum that
				the surveyor must certify to:
I,
________
, New Mexico professional
				  surveyor no. (surveyor's license number), do hereby certify that this
				  (boundary, easement, or right of way) plat of survey and the actual survey on
				  the ground upon which it is based were performed by me or under my direct
				  supervision; that I am responsible for this survey; that this survey meets the
				  Minimum Standards for Surveying in New Mexico; and that it is true and correct
				  to the best of my knowledge and belief. I further certify that this survey is
				  not a land division or subdivision as defined in the New Mexico Subdivision Act
				  and that this instrument is a (boundary, easement, or right of way) plat of
				  survey of __________________ dam.
(Surveyor's signature)
, License
				  number
________
(SEAL)
Surveyor's name
Date: _______________
D. LOCAL AND STATE EMERGENCY MANAGEMENT
				OFFICIAL'S CERTIFICATE: Certificate forms for the local and state officials
				responsible for emergency management shall be placed at the front of the
				emergency action plan and immediately after the engineer's certificate. The
				local official's certificate shall be placed in front of the state official's
				certificate.
I hereby certify that the accompanying emergency action plan
				  for __________________ dam has been duly examined by me and accepted for filing
				  on the _____ day of _______________, 20__.
(Official's
				  signature)
__________
(Print official's name)
(Print name of local or state emergency management
				  entity)
E. STATE ENGINEER'S
				CERTIFICATE: A certificate form for the state engineer acceptance shall be
				placed on the title sheet of the construction drawings and first page behind
				the front cover of the report, specifications, operation and maintenance manual
				and immediately after the state official responsible for emergency management
				in the emergency action plan. This certificate is to be signed by the state
				engineer or his representative after all necessary corrections or additions, if
				any, have been made.
I hereby certify that the accompanying ______________________
				  (report, construction drawings, specifications, operation and maintenance
				  manual or emergency action plan) for __________________ dam and appurtenant
				  structures has been duly examined by me and accepted for filing on the _____
				  day of _______________, 20__.
__________________________________
State engineer