1. 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

2. 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

3. 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

4. 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

5. FLOOD OF INTEREST IN DAM SAFETY

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

7. Reference needs updating
15A NCAC 02K 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

8. Reference needs updating
15A NCAC 02K 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

9. Reference needs updating
15A NCAC 02K 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

10. 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

11. OFFICIAL SUBMITTAL TO RRC.

12. 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 (4) should be G.S (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. .

13. NONE FOR INFORMATION ONLY
Requested Action
NONE FOR INFORMATION ONLY