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Is this legal?

Posted: Mon Sep 29, 2014 3:52 pm
by TIB
Refer to "drvci.com"
Neither Mr. Hernandez, nor any of his staff have a valid Cal. LS
Is this offering surveying in Cal. (website shows Colorado address)?
What is "environmental surveyor"? Does Cal. dept. fish & game recognize this Title?
Does this violate sec 8706 or 8708?
TIB

Posted: Mon Sep 29, 2014 6:40 pm
by land butcher
Doesn't sound like it to me.
Don't expect our board to look into it.

Posted: Mon Sep 29, 2014 7:24 pm
by Jim Frame
Supplying topographical and boundary surveying...Expertise in the field of topographic survey. Specialize in boundary surveys, construction staking...
Doesn't sound like it? These statements are clearly soliciting restricted services. He's not licensed, unless it's under a different name. I've forwarded the website link to Ric for review and organization record check.

Posted: Tue Sep 30, 2014 5:43 am
by PathFinder
Are you kidding?
- Specialize in boundary surveys, construction staking - Restricted practice under 8726.

Posted: Tue Sep 30, 2014 5:54 am
by Stephen Johnson
He is not licensed in Colorado either. The only surveyor in the same town has an expired license.

Posted: Tue Sep 30, 2014 6:42 am
by bryanmundia
I don't think he can be pursued by our board, nor do I think he is "surveying" by definition. He is not procuring land surveying services in the state of California. He is serving the 4 corners area for starters.

Secondly, it states that they have "a background in real estate, easement negotiations, construction staking, and boundary surveying", not that he is performing or offering said services to the public.

Also, they state that these are there areas of service:

Computer Drafting
Easement Interpretations
Easement Negotiations
Property Management
Consent Agreements
Entry Letters
Land Use Agreements
Document Research

All of which can be performed by an individual without a PLS License. I wouldn't recommend it since I believe there is tons of liability involved in a number of these areas but to each their own.

Lastly, just because one of his clients is San Diego Gas & Electric does not mean that he is performing surveying services for them. For all we know, he could be providing computer aided drafting services for them or drafting entry letters or doing document research. None of which are surveying by the law.

Posted: Tue Sep 30, 2014 11:32 am
by Jim Frame
I totally missed the Colorado thing (thanks, Ric!). If he's not operating in CA, not my problem.

Posted: Wed Oct 01, 2014 10:02 am
by 7702
His website states that he serves the entire West Coast and does not specifically exclude services mentioned elsewhere on his site, that are clearly within the realm of land surveying, from being provided in California.

Unless I'm missing something here, it "appears", especially with multiple references to California based clientele, that he is offering to practice land surveying in California.

My $0.02.

Posted: Wed Oct 01, 2014 2:05 pm
by land butcher
From his home page

"Qualified and recognized as an Environmental Surveyor by Californias Department of Fish & Game and the Fish & Wildlife Service, he is fully capable of enforcing the protocols of San Diego Gas & Electrics Habitat Prevention Plan (NCCP)."



That appears to me to be seeking work in CA or have already performed work in CA.

Until he does

Posted: Wed Oct 01, 2014 4:34 pm
by LS 4722
Do surveying in California, he is untouchable.

Posted: Wed Oct 01, 2014 4:45 pm
by pls7809
Or, possibly, SDG&E has facilities in Southern Colorado that he works on?

Posted: Wed Oct 01, 2014 6:34 pm
by 7702
".. he is fully capable of enforcing the protocols of San Diego Gas & Electrics Habitat Prevention Plan (NCCP)"..

Habitat Prevention Plan? That's a good one. : )

FYI, I looked it up and "NCCP" (Natural Community Conservation Planning), is a California Dept. of Fish and Wildlife program.