Soil and Water Conservation Commission

February 21, 2008

Ms. Nancy Pate

Soil and Water Conservation Commission

1601 MSC,

RaleighNC27699-1601

Re: 15A NCAC 06E .0107 and 15A NCAC 06I .0107

DearMs. Pate:

At its February 21, 2008 meeting the Rules Review Commission objected to the above-captioned rules in accordance with G.S. 150B-21.10.

The Commission objected to Rule 15A NCAC 06E .0107 based on ambiguity and lack of statutory authority. In (e) lines 22 and 23 it is unclear what standards the Commission or the Division shall use for approving the installation specifications. There is no authority to set the approval standards outside rulemaking. If the standards are already set in the statute or rules, then this objection could be satisfied by a technical change referencing where they are found. This same problem will be found in Rule 6I .0107.

The Commission objected to Rule 15A NCAC 06I .0107 based on ambiguity and lack of statutory authority. This rule has the same problem as found in 6E .0107. In (d) line 14 it is unclear what standards the Commission or the Division shall use for approving the installation specifications. There is no authority to set the approval standards outside rulemaking. If the standards are already set in the statute or rules, then this objection could be satisfied by a technical change referencing where they are found.

Please respond to this letter in accordance with the provisions of G.S. 150B-21.12. If you have any questions regarding the Commission’s action, please let me know.

Sincerely,

Joseph J. DeLuca, Jr.

Commission Counsel

JJD:ajp