In the statutorily-required, Periodic Review of Existing Rules, the “initial determination” of the 33 Dam Safety rules in 15A NCAC Subchapter 2K were approved for finalization by the Environmental Management Commission (EMC) at their May 2017 meeting. Although no one objected to the categorization of these rules, we did receive one comment on 15A NCAC 02K .0212 stating that: “The reference to G.S. 143-215.25(4) should be G.S. 143-215.25(2).” The Rules Review Commission (RRC), in October of last year, determined that the comment received was an “objection” and they re-categorized this rule as “necessary with substantive public interest.” This means that the EMC must re-adopt this rule pursuant to G.S. 150B-21.3A and update the incorrect statutory reference.
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