N.M. Admin. Code § 19.25.12.12

Current through Register Vol. 35, No. 21, November 5, 2024
Section 19.25.12.12 - CERTIFICATIONS

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

N.M. Admin. Code § 19.25.12.12

19.25.12.12 NMAC - N, 3/31/2005; A, 12/31/2010