Division of Energy, Mineral, and Land Resources Water Quality Committee – March 8, 2017 Regulatory Review of 15A NCAC 2K Dam Safety Rules Division of Energy, Mineral, and Land Resources

Dam Safety Rules Categorization “Necessary with substantive public interest” “Necessary without substantive public interest” “Unnecessary” 31 The division’s proposed categorization of putting 31 of the 33 rules in the “necessary without substantive public interest” bucket was considered extremely bold by some. However, we had never received objections to any of the rules and we saw no reason to believe that we would receive objections when we sent them out to public notice.” I should point out that the “Necessary without substantive public interest” is a little misleading because there is certainly interest in the Dam Safety Rules, but the criteria of the statute on these rules reviews are whether we anticipated that anyone would object to any of the rules. 2 Department of Environmental Quality

RESULTS: NO ONE OBJECTED TO ANY OF THE DAM SAFETY RULES! Our initial categorizations or “initial determinations” were sent to public notice for 60 days. RESULTS: NO ONE OBJECTED TO ANY OF THE DAM SAFETY RULES! Department of Environmental Quality

RESULTS: NO ONE OBJECTED TO ANY OF THE DAM SAFETY RULES! Our initial categorizations or “initial determinations” were sent to public notice for 60 days. HURRICANE MATTHEW! RESULTS: NO ONE OBJECTED TO ANY OF THE DAM SAFETY RULES! Department of Environmental Quality

FLOOD OF INTEREST IN DAM SAFETY

ONE COMMENT RECEIVED DURING THE PUBLIC REVIEW PERIOD Rules Review Process ONE COMMENT RECEIVED DURING THE PUBLIC REVIEW PERIOD Department of Environmental Quality

Reference needs updating   15A NCAC 02K .0212 ADDITIONAL DESIGN REQUIREMENTS (c) The plans, construction schedule, and construction specification shall assure that the downstream flow satisfies minimum quality and quantity standards as defined in G.S. 143‑215.25(4) during the period of construction, filling, and life of the dam and reservoir. History Note: Authority G.S. 143‑215.26; 143‑215.27; 143‑215.31; Eff. June 15, 1980. Department of Environmental Quality

Reference needs updating   15A NCAC 02K .0212 ADDITIONAL DESIGN REQUIREMENTS (c) The plans, construction schedule, and construction specification shall assure that the downstream flow satisfies minimum quality and quantity standards as defined in G.S. 143‑215.25(4) during the period of construction, filling, and life of the dam and reservoir. History Note: Authority G.S. 143‑215.26; 143‑215.27; 143‑215.31; Eff. June 15, 1980. Department of Environmental Quality

Reference needs updating   15A NCAC 02K .0212 ADDITIONAL DESIGN REQUIREMENTS (c) The plans, construction schedule, and construction specification shall assure that the downstream flow satisfies minimum quality and quantity standards as defined in G.S. 143‑215.25(2) during the period of construction, filling, and life of the dam and reservoir. History Note: Authority G.S. 143‑215.26; 143‑215.27; 143‑215.31; Eff. June 15, 1980. Department of Environmental Quality

Action / Responsibility Schedule Action / Responsibility Date Update the WQC March 8, 2017 EMC action to approve final report for submittal to the RRC May 11, 2017 Report due to RRC September 15, 2017 RRC action on report October 19, 2017 Final Determinations effective on or before December 22, 2017 Department of Environmental Quality

OFFICIAL SUBMITTAL TO RRC .

OFFICIAL SUBMITTAL TO RRC 15A NCAC 02K .0212: ADDITIONAL DESIGN REQUIREMENTS   Commenter Name: Not Available  Do I agree with the Agency's determination? Yes I would determine this rule's classification as: undefined Do I want to submit a written comment on this rule? Yes Do I want to enter a comment, or submit a file? Enter a comment My Comment Text: The reference to G.S. 143-215.25(4) should be G.S. 143-215.25(2) Agency Response: The agency’s selected determination remains as “necessary without substantive public interest.” The comment received was not an “objection” to the rule and can be addressed through future rulemaking initiatives. .

NONE FOR INFORMATION ONLY Requested Action NONE FOR INFORMATION ONLY