N.M. Admin. Code § 19.25.12.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.25.12.13 - PERMIT CONDITIONS

After reviewing the required documentation, the state engineer will notify the dam owner if any deficiencies are found with the submittal to construct and operate a dam. The dam owner will be given an opportunity to correct any deficiencies noted in the review process. Once all deficiencies have been addressed the state engineer will approve the application for permit to construct and operate a dam with conditions under which construction and operation shall occur. Failure to comply with conditions of the approved permit may result in the state engineer issuing an order to redesign, reconstruct or restrict operation of the dam and reservoir until conditions are met. Construction must be completed within two years of approving the application unless an extension of time for the construction is requested and approved by the state engineer. The permit conditions are described below and may include additional conditions determined necessary by the state engineer to ensure the dam is constructed and operated in a safe condition.

A. Engineer supervising construction: Prior to initiation of construction, the dam owner shall designate a professional engineer licensed in the state of New Mexico qualified in the design and construction of dams to supervise construction. If the state engineer finds the engineer acceptable, an order is issued approving the engineer and setting forth conditions under which the engineer will supervise construction. Construction supervision conditions are described below.

(1) The engineer supervising construction shall submit monthly progress reports that are signed and sealed. The report shall include:

(a) summary of construction activities;

(b) summary of test results;

(c) captioned and dated construction photographs; and

(d) a discussion of problems encountered and their solutions.

(2) Construction shall be in accordance with accepted drawings and specifications. State engineer approval of any modifications to the accepted drawings or specifications is required prior to undertaking the modifications. Requests for changes or modifications by the engineer supervising construction shall be submitted in writing, supported with appropriate documentation.

(3) The engineer supervising construction shall provide the state engineer a minimum of 72 hours notice to perform inspections as specified in the conditions of construction.

(4) Upon completion of construction, the engineer supervising construction shall submit to the state engineer the items described below.

(a) A construction completion report, which shall include a signed certification from the engineer supervising construction and a certification for the state engineer in accordance with Subsections B and E of 19.25.12.12 NMAC. The construction completion report shall also include:

(i) description of construction activities including problems and their solutions;

(ii) a summary of materials test data; and

(iii) captioned and dated construction photographs.

(b) Record mylar construction drawings including a signed certification on the title sheet from the dam owner and a certification for the state engineer in accordance with Subsections A and E of 19.25.12.12 NMAC. The record mylar drawings shall also contain a signed certificate from the engineer supervising construction that the dam was constructed in accordance with the record drawings and specifications and is in satisfactory condition. If design changes are made during construction, the design engineer may also be required to sign a certification in accordance with Subsection B of 19.25.12.12 NMAC. An approved model certificate for the engineer supervising construction is shown below. Changes to the language in the certification require prior approval by the state engineer.

I,________________,(engineer's name) state that I am a qualified professional engineer licensed in the state of New Mexico, that I have supervised the (construction, repair, rehabilitation) of ____________dam and appurtenant structures and find them to be completed in accordance with the record construction drawings and specifications and are now in a satisfactory condition for acceptance.

(Engineer's signature) , License number ______________ (SEAL)

Engineer's name

Date: ______________

B. State engineer's authority during construction: The state engineer may perform inspections at any time during construction of the dam and appurtenant structures. Inspections will vary with each project, based on the complexity of the design. Inspection of specific construction items are standard construction conditions in the permit and require the engineer supervising construction to provide the state engineer with a minimum of 72 hours advanced notice. If the state engineer receives a minimum of 72 hours advanced notice, a delay of construction to schedule a state engineer inspection is not required. State engineer inspection fees are charged in accordance with Subsection E of 19.25.12.8 NMAC. Fees for inspection of construction by the state engineer not paid on demand shall become a lien on any land or other property of the dam owner and may be recovered by the state engineer.

C. Completion of construction: Upon completion of construction, a proof of completion of works form for the dam shall be submitted in accordance with 19.25.12.14 NMAC. Owners of dams classified as high or significant hazard potential shall submit to the state engineer any required updates to the operation and maintenance manual in accordance with 19.25.12.17 NMAC and any required updates to the emergency action plan in accordance with 19.25.12.18 NMAC incorporating any modifications made during construction. Upon the satisfactory completion of all conditions in the permit, pending the issuance of a certificate of construction and license to operate a dam, use of the reservoir shall require written permission from the state engineer. Use of the dam and reservoir are restricted until the state engineer accepts the updated operation and maintenance manual and emergency action plan, if required.

D. Extension of time for construction: The state engineer will grant an extension of time for completing construction upon proper showing by the dam owner of due diligence or reasonable cause for delay and accompanied with a fee in accordance with Subsection D of 19.25.12.8 NMAC. An affidavit by a professional engineer licensed in the state of New Mexico qualified in the design and construction of dams shall be filed with the state engineer providing evidence that the design of the dam meets or exceeds the design requirements in accordance with 19.25.12.11 NMAC. An extension of time may be granted for a period not to exceed five (5) years. No extension of time shall be granted which in combination extend the time allowed by the permit beyond ten (10) years from the initial date of approval of the application, unless the state engineer in his discretion expressly waives this limitation pursuant to NMSA 1978, Section 72-5-14. Failure to request an extension of time shall result in cancellation of the permit by the state engineer.

E. Operation conditions: Operation conditions will be identified in the permit to construct and operate a dam. Operation conditions are described below:

(1) The owner shall comply with the office of the state engineer rules and regulations for dams.

(2) Changes to the easements, that adversely affects the conditions outlined in paragraphs (1) through (5) of Subsection F of 19.25.12.11 NMAC require prior approval from the state engineer.

(3) Changes, alterations, or modifications to the dam or sediment removal or dredging not outlined in the operation and maintenance manual requires state engineer approval prior to making the change.

(4) The dam owner shall provide access to the state engineer for periodic dam safety inspections.

(5) The dam owner must comply with all state engineer safety orders issued for the dam.

(6) Owners of dams classified as low and significant hazard potential shall have the hazard classification periodically evaluated by a professional engineer licensed in New Mexico if downstream development occurs to ensure the dam design is not deficient.

(7) Operation of the dam must be in compliance with the approved operation and maintenance manual and emergency action plan.

(8) The dam owner shall operate the dam in compliance with any specific condition, requirement, or limitation established by the design engineer or otherwise applicable to the dam.

(9) Failure by the dam owner to comply with operation conditions may result in revocation of the permit or license to operate and an order to breach the dam in accordance with Subsection B or C of 19.25.12.19 NMAC.

N.M. Admin. Code § 19.25.12.13

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