The NC Board of Examiners for Engineers and Surveyors met on December 9 and the following items were reported from the Engineering Committee, Chaired by David L. Pond, PE.

1. Division of Waste Management Rules - The Division of Waste Management of NCDENR, has requested that the Board review particular plans and reports indicated in regulations which may need to be performed by a Professional Engineer.  Staff Counsel, David Tuttle, was asked by the Engineering Committee to review these rules and report back to the Board in January.
   
   
2. Engineering Surveys Policy – The Surveying Committee of the NCBELS asked the Engineering Committee to review their policies regarding professional engineers performing surveying work.  The Engineering Committee determined that professional engineers can do their own surveys on their own projects but they cannot perform any land design function related to boundaries or property lines as that is a pure surveying function. 
   
   
3. Governor’s Scientific Advisory Panel on Offshore Energy – The Board has recommended to the Governor that Henry Liles, PE, NCBELS Licensing Board member and Vice President of HNTB, represent the NCBELS on this special panel.
   
   
4. Qualified Inspection Personnel for NC Construction Activities for Erosion and Sedimentation Control – The Sedimentation Control Board working with NCDOT is initiating proposed legislation that will require qualified inspection personnal for NC construction activities for erosion and sedimentation control.  The Board believes that Professional Engineers should be exempt from the proposed certification requirement since their training already qualifies them to do this work. 
   
   
5. Reference Guide for the Construction Industry – NCBELS has been requested by the Board of Architecture to participate in writing a Reference Guide for the Construction Industry – similar to one that has been published by Nevada.  The Engineering Committee indicated that they would like to move forward with this.
   
   
6. HB 1478 – Design Seal Legislation – The Engineering Committee support the legislation and has determined that it does not violate any Board rules.
   
   
7. Energy Audits – The Engineering Committee has determined that certain components of an energy audit require a PE but not everything in the audit.  A letter was sent to the State Energy Office informing them of which components required a PE and the State Energy Office revised their RFPs to require a licensed professional engineer in those areas that were identified by the Board.
   
   
8. Meeting with NCDENR Ecosystem Enhancement Program Director – Members of the Board’s Engineering committee and the Executive Director met with the EEP Director to clear up what constitutes engineering, particularly related to stream restoration services.  A draft policy is being developed by the board and will be forwarded to EEP for review.
   
   
9. The NC Board of Landscape Architects – The Engineering Committee chair reported that members of the NC Board of Landscape Architects are aggressively putting out publications to municipalities and their members stating that LAs can do most anything related to stormwater and stream restoration drainage.  The Committee chair identified three courses of action: 1) move forward with policy change through legislation that would give the Board statutory authority to discipline/fine non-licensees; 2) encourage legislature to fund the study commission (approved in legislation several years yet with no funding) to look at the landscape architect issue; 3) choose a particular case of an LA performing engineering work and fight it out in court.  After much discussion, staff was directed to get an Attorney General’s opinion on a specific situation that involved a stand along storm drainage system being performed by an LA.  Additionally, the Executive Director has also been directed to talk to the Chair/staff for the Joint Legislative Committee on the Oversight of Licensing Board.
   
   
10. DENR Secretary Discussion Items – Members of the Engineering committee met with the DENR Secretary to tell them who the Board is, what they do and how DENR and the regulated engineering community interact.  The outcome of the meeting resulted in: 1) The Executive Director will be making a special presentation to leadership of DENR at their next quarterly meeting; 2) staff and board members are encouraged to visit regional NCDENR offices; 3) The DENR Secretary is reviewing the book prepared by Gary McConnell regarding concerns with NCDENR’s On-Site Water Protection System Design and indicated that counsel in the Governor’s office is preparing a response.
    
    
11. Onsite Wastewater Systems – In response to several complaints received by the Board directly and forwarded from PENC on behalf of concerned members, NCBELS has drafted a policy regarding Onsite Wastewater System Design that will be reviewed with the Health Services Division of NCDENR in hopes that they will adopt the policy within their own rules.  The policy is as follows: "The design of any drip, aerobic pretreatment, pressure piping or innovate wastewater systems, to include consulting on the design, is within the practice of engineering as defined in GS 89C-3 (6) and must be done by a licensed Professional Engineer.  No individual or company shall engage in such activities unless properly licensed with the Board."  In addition, the Board is continuing to review the book prepared by Mr. McConnell (referenced in #10) and may initiate cases against alleged violations that have been cited.