Wetlands
Lawsuits rarely make “sense” and the shotgun approach is the norm. I know some firms in the Houston area that do not identify themselves as Wetland Experts and yet they disclaim any knowledge of wetlands on every survey they produce. I can only make an intelligent speculation as to why they do this.
I could see this line of questioning at a deposition:
“Mr. Baker, your company literature indicates you are an expert in wetland delineations, is that correct?”
“Yes Sir”
“But you surveyed Mr. Smith’s property in Backwater Texas and you did not indicate the Wetlands located on his property on your survey, is that correct?”
“Yes Sir”
“Can you tell us why?”
“Yes sir, he didn’t ask us to do it.”
Not a situation I would choose to find myself in.
If You Use A Contract........
.........you'll never be in that situation.
The question would not be framed around what your "company literature" says, it would be about what you were contractually obligated to provide.
Duane,
I agree with you on the wetlands and erosion and sediment control. I don't know which Region of the NYSDEC you are in but in Region One they will not accept wetlands determined by Land Surveyors. They only accept wetlands determined by Environmental Consultants (most of which are former Region One employees). As for erosion and sediment control I am putting as big of a hole as I can in that huge area of revenue.
I do locate wetlands (obvious wetlands that is) and will show it on my plans as approximate edge of wetland. I do engage either a PE or Wetland Scientist to verify if it's critical. However, since the wetlands, in most of the neighboring towns, are defined by soils a certified soil scientist may be required.
My favorite method is to locate the edge of wetland, flag and number it, then request the that the Town Conservation agent verify it for me. I'll alter it as necessary but I have yet had to modify any points.
It has been my experience, after almost 30 years of wetland location, that the determination is a local definition and that the local authority is the best one to make that determination...
I've made the decision to not pursue certification as a Soils Expert, but I'm not complaining about a lack of work....
I also declined to become a lawyer, a wetland scientist, a coastal geologist, and many other things that might improve my diversity of services, and I don't feel bad about it.
> I also declined to become a lawyer, a wetland scientist, a coastal geologist, and many other things that might improve my diversity of services, and I don't feel bad about it.
Grins here, Don... as it should be. As it should be. ;o)
JBS
Wetlands deliniation is easy!
In NH we have Hydric A and Hydric B.
If you're walking around in the woods and the ground starts getting squishy, you hang a Hydric B Flag. When your feet start getting wet, you hang a Hydric A flag.
Wetlands
James,
NH and MN both use the 5 day corps training (with regional supplament) as part of the certification.
I use to delineate in the Adirondack Park. They stopped accepting them 10-12 years ago. Now only APA personel. They put their flags right next to mine, so I know they do a good job of it at least:)
If a surveyor fails to note the existence of areas of possible designated wetlands, and they know the client is going to be using the survey for some use of the land that a wetland might affect, then the surveyor is liable for any damages that arise. At least in some courts. I believe the precedence was set in New Jersey in the 1990's.
