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Recognizing that the true merit of a profession is determined by the value of its services to the society; THE OKLAHOMA SOCIETY OF LAND SURVEYORS does hereby dedicate itself to the promotion and protection of the profession of land surveying as a social and economic influence vital to the welfare of its society, community and state.

Second Quarter

2018

Inside this issue: First Responders

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Opus Projects

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Ticks Suck

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Object Detection

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Society News

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Upcoming Events

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The Sooner Surveyor | © 2018 Oklahoma Society of Land Surveyors

2018-2019 BOARD OF DIRECTORS PRESIDENT Wes Bennett Choteau, OK wes@bennettsurveying.com

IMMEDIATE PAST-PRESIDENT Michael Porter Lawton, OK mporter@cityof.lawton.ok.us

VICE- PRESIDENT **VACANT**

PRESIDENT-ELECT A.J. Jones Wagoner, OK aj@atlaslandoffice.com SECRETARY Darin Raibourn Oklahoma City, OK Darin.Raibourn@srbok.com

District 1 Director Carey Harris Stillwater, OK charris@keystone-els.com

District 2 Director Brent Jung Snyder, OK brentjung@windstream.net

District 3 Director Kelly Schmidt Tulsa, OK kschmidt@professionalsurveyinginc.com

District 4 Director Jeff Rogers Poteau, OK jeffalan81@gmail.com

District 5 Director Randy Pollard Haworth, OK rjpollard@idabel.net

District 6 Director Denver Winchester Yukon, OK denver.winchester@craftontull.com

OKLAHOMA SOCIETY OF LAND SURVEYORS THE SOONER SURVEYOR is owned and published four times a year by the Oklahoma Society of Land Surveyors. Permission to reprint must be granted from the Editor. All notification for address changes, membership information, editorial/advertising matters and general OSLS business correspondence should be directed to Burk Cornelius, via e-mail at burk@osls.org or phone at 405-202-5792. THE SOONER SURVEYOR welcomes contributions of articles and comments for publication. The deadline for submittal of materials are February 15, May 15, August 15 and November 15. The Oklahoma Society of Land Surveyors assumes no responsibility for statements made or expressed in this publication.

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ADMINISTRATIVE OFFICE Burk Cornelius, PLS Executive Director 13905 Twin Ridge Road Edmond, OK 73034 405-202-5792 phone 405-330-3432 facsimile E-mail: osls@osls.org Visit us on the web at: www.osls.org


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The Sooner Surveyor | Š 2018 Oklahoma Society of Land Surveyors

2018 Sustaining Members Click on link to visit the members website

Aerial Data Service www.aerialdata.com Assurance Risk Managers www.arm-i.com CEC Corporation www.connectcec.com Frontier Land Surveying www.fls-survey.com

Martin Instrument www.martininstrument.com Oklahoma Business Ethics Consortium www.okethics.org Sisemore Weisz & Assoc., Inc www.sw-assoc.com TEP www.tulsaengineering.com Western Data Systems www.westerndatasystems.com

Gateway www.gatewayok.com Geomatic Resources, LLC www.geotx.com GeoShack www.geoshack.com Guy Engineering www.guyengr.com HubTack www.hubtack.com ICM INC. www.improvedconstructionmethods.com LS Instruments www.ls-instruments.com

Laser Specialist Inc www.lasergps.com

Article III Section 6 of the OSLS Constitution reads as follows: Any individual or Business firm interested in the welfare and interest of Land Surveying profession in the State of Oklahoma may become a Sustaining member of the Society. These are individuals and businesses that have committed to supported OSLS. Please support them every chance you get. â–


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The Sooner Surveyor | © 2018 Oklahoma Society of Land Surveyors

Surveyors as Real Property’s “First Responders”

US citizens.

So, policy makers in this area should consider how to effectively By get people past the painful attempt Bob Zierman, Esq. to remedy land disputes by court have become increasingly in- action, and instead to work tovolved in discussions about gether to identify viable solutions. whether or not surveyors should be allowed to assist in [Assisting to forward toward this the conflict resolution process. end, I have started a “Remedies When a surveyor identifies a differ- Clinic” in this blog’s Basics of Quietence between titled property ing Title – i.e. Green – channel. For bounds and longstanding occupa- those interested in this, the remedy tional uses, should they be allowed I have now in the que is to help parties not only understand the difference, but also find ways Is it possible that there is to reconcile it.

I

The overarching idea – which ALTA/ACSM Chair Gary Kent indicated to the crowd of surveyors gathered last Friday in Tacoma for his presentation regarding this same topic – was that at the very least surveyors should pause before setting any corner or other monument which might serve to instigate a boundary dispute. Identifying whether a surveyor may likely be identifying/creating a conflict is much easier to recognize when a fence divides the properties. Yet, this is much less clear in any situation where no fence exists. As an aside, Gary Kent suggests that as a partial remedy, it would behove state legislatures to create statutory fence law for just this purpose. But, this still doesn’t address the bulk of the current problem … seeking for a court to remedy a land dispute is prohibitively expensive for the vast majority of

some overlap between the practice of law and surveying?

“Revisionary Interests.” I intend to publish that post next week. Continuing … .] I suggest to systemically redevelop a viable means of conflict resolution, surveyors ought to be able to take a step beyond merely identifying their professional opinion as to “WHERE” the recorded corners of real property actually lie on the ground, and also be allowed to assist in negotiating the peace when the neighbors disagree as to “WHAT” that means. The former is a question squarely within the purview of surveyors, the later is squarely within the purview of attorneys. The important question to ask is this: Is it possible that there is some overlap between the practice of law and surveying?

Here in Washington state, Adverse Possession is considered a question of “mixed-fact and law.” So, I for one believe that there is. I also recognize that my opinion doesn’t generally conform with current practice of either survey and law. Thus, it is important to seek clarity as to the dimensions of this Venn Diagram style overlap. Where and how may we start to do this? Well, the other day, I noticed a fire truck and it struck me that this question can be very aptly analogized to how the public and the medical community treats our First Responders. While not happy when presented with a speeding ticket, we otherwise hold policemen, fireman, and EMTs up as heroes. Why? Because they are often the first on the scene and their job is to extract people who are in dangerous situations and oftentimes make arrangements to – if not personally – take them to the hospital where doctors can then provide follow-up treatment. OK, now imagine a world in which first responders were precluded from assisting to save someone’s life at a location other than the hospital because doctors begrudgingly deemed that to be the practice of medicine. Of course there are likely few doctors who are willing to squander their time sitting in traffic going out on emergency calls. Economically it is inefficient for them to do so. And politically for doctors to retain ex (Continued on page 16)


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The Sooner Surveyor | © 2018 Oklahoma Society of Land Surveyors

Ticks Suck by Danny Cahill, PLS

10 mark when I broke out or itched, and circle everything I ate 15-30 minutes before it happened.

A few weeks later I was working on my mother’s well-house. I had just finished and while walking up to the house, my head was burning **ARTICLE REPRINTED FROM 2017*** and my ear canals began itching terribly. I thought I might be having a heat stroke because of dehydration, so I ran my head under cool water. Oh, the joys of Land Surveying! I almost forgot after my 6-year hiatus! Then my palms began to itch, and it quickly spread all over my body! After winning The Biggest Loser I was smothered with so many reThen came the hives – from head to toe! When I began having trouble quests to speak that it was all I could handle, so I took a “break” from breathing, I had my mother rush me to emergency care. They gave me Land Surveying in 2010. But after 6 years of flying 100 times per year, a shot of steroids, and the hives finally subsided and my throat opened it got old. What would I do if I minimized my speaking opportunities? back up. I was terrified. Survey, of course! It’s in my DNA. “What did you eat today?” Well, I’d eaten nothing but a roast beef In 1979, my father, Charlie Cahill (PLS1005) started his business. Ca- sandwich 4 hours before... “Well, it must have been a contact reaction hill Land Surveying was part of my life at just 9-years old. Summers to something you were around.” were no longer just riding bikes, swimming and messing around – there was work to do! I hated those times back then, except for the In February, after months of constant issues, I requested to see an allermoney in my pocket, but now I cherish those memories more than gist. After a long discussion and history, he asked me, “Have you been ever! bitten by a tick lately?” I told him I had been bitten by Lone Star Ticks and chiggers back in September. I remembered it so well as it was the Memories surveying with my sisters and watching Charla run through first bites I’d received in 15 years since moving into the office. He then the woods being chased by bees. “They’re after me! They’re after me!” tested me for several allergies, including beef, pork, lamb, chicken and Well, the 15-year old girl found out you shouldn’t put perfume on be- turkey. What??? fore going into the field. It doesn’t attract men, only bugs! And when my sister Cathy wore a halter-top while running the transit and the po- The results came 2 weeks later and I was allergic to beef, pork and liceman driving by was so distracted that he rear-ended the car in front lamb, but not turkey or chicken. The other test came back positive, too of him. I wonder who filled out that police report? But many of my – I had contracted Alpha-Gal (Galactose-Alpha-1, 3-galactose). You memories are the poison ivy rashes and bug bites – from mosquitos to should google and read up on it. And you better get used to hearing chiggers to ticks – I hated them! Fast forward to 2016… about it, as it’s becoming more and more prevalent. What makes it so hard to diagnose is that the anaphylaxis or symptoms are delayed, hapWhile working with my crew-chief on a retracement survey along pening about 4 hours after eating, causing many to rule out a food alLake Ft. Gibson, we got into some harsh brush on a steep hill leading lergy. down to the water. It was September and still hot, and although we sprayed for bugs, that evening I must have found a hundred ticks on In short, the tick had bitten a mammal (probably a deer or cow) and me! The chiggers also ate me alive from my ankles to my hips. It was then bit me. When I pulled it off, it released something that hooved the worst case I’d ever had! Part of the job, right? Well, after I picked mammals produce that humans don’t. Thus, I can’t eat beef, pork, the ticks off and treated the chigger bites, it was just a part of my past, lamb, or any other mammal again without a severe immunoglobulin right? Well, not so fast. reaction in my autoimmune system that attacks my body causing the reaction, possibly even anaphylaxis or death! About 2 weeks later I was watching my son march with the Pride of Broken Arrow. It was their first reveal of their entire show. After the Here are a few things to think about this year as we head into Tick seaperformance, we stood up and left the stadium. As we were walking, son. “FREEZE, DON’T SQUEEZE!” Squeezing a tick to remove it is my hips were itching something fierce! When we got to the car, I the worst thing to do. Using a wart remover spray that freezes the tick, found my legs and hips were covered with hives. “They must have allowing you to brush it away, is the best method. They also make ointused some kind of cleaner on those chairs” was my deduction. I’d only ments used to treat scabies that works on seed and nymph ticks. Never gotten hives one other time in my life, and I had attributed it to drink- squeeze it, as you will propel the blood of the tick into your blooding soapy water on accident. I went home and took a Benadryl and stream, increasing the chance of acquiring Alpha-Gal, Lyme Disease, went to bed. or Rocky Mountain Spotted Fever. And spray yourself well, as well as showering and removing ticks as soon as they are found. After that, I often found myself with very itchy palms and small hives from time to time – a real nuisance. I began looking to see if we had We can’t stop going into the woods as Land Surveyors, but we can changed laundry detergent, were using different cleaners, or anything take precautions, and remove ticks properly, lowering the chance conthat might be causing it. I couldn’t figure it out. tracting a tick-borne illness. As I was driving home from work in early November, I felt flush and felt ill. I thought I was having a heart attack, so I turned into the emergency room to get it checked out. After an EKG and several tests, they found nothing. Still feeling ill, I went home and saw my doctor the next morning. He checked me out and said everything looked fine. “Just keep a list of what you eat in case it is a food-borne allergy,” he said. I could do that…just like keeping a field book! He told me to

If you have questions, contact your allergist, or email me at Danny.Cahill@Lemke-LS.com and I’ll try to answer any questions you may have about this. And if you find yourself breaking out and itching about 3-5 hours after eating beef, pork, or lamb, please get tested for Alpha-Gal!


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Well, whereas now perhaps 80 to clusive control of this area of their 90% of the population – if not more practice is unacceptable. – have no effective remedy other than self-help, if surveyors are alWell instead of being the person lowed to be the “first responders” to who identifies the conflict – and in conflict and assist to damp it down, I doing so essentially lights its fuse – is believe there will be more opportuit that far of a stretch of the imagi- nities for surveyors to assist in outnation to consider surveyors poten- lining basic terms of resolution and then send this up to lawyers to finish tially acting in a similar light? the work. This finishing work will ofTrue, these aren’t matters of life and ten include making certain any death. But, surveyors are in a much proper quit claims; indemnifications being upon the better position to assist at the for ground level because that is where they already are doing their work. Surveyors are in a much (Continued from page 7) Measuring a Distance

better position to assist at the ground level because that is where they already are doing their work

Economically, laws should reinforce the economics idea that MR/MC = MR/MC. Put more simply, people should not be dissuaded from performing work at their highest and best use and corellatively others who may otherwise (out)perform in the production of other related tasks should also not be precluded from land of another; mortgage and other title obligations; zoning concerns; doing so either. future dispute resolution mechanics While the trial bar may not have one … you name it … be otherwise propgood thing to say about the ideas I erly packed around the base peace am espousing, at least the patina of agreements which surveyors are all “guilds” – be their existence be able to broker. for Medicine, Accounting, Surveying and yes … Lawyering – are charged There certainly are those cases with the well being of the general where at least one neighbor won’t ever be reasonable. Even worse are public. those cases in which both neighbors But, even if there wasn’t an over- choose not to be reasonable and arching public policy and political instead want to enter into the “fog reason for considering properly de- of war litigation” … never to emerge lineating the roles between lawyers the same. and surveyors, I submit for those attorneys who may be negatively Yet, here I really question whether pre-disposed to these ideas, that these people – when also having the there will indeed be more business good [mis]fortune to have a full walnot only for surveyors, but so too for let of money to squander – are going to be persuaded by surveyors to be lawyers. How?

reasonable. Botom line, I sincerley doubt the market for litigators in this arena will be negatively impacted … at all. Instead, of hiding behind professional patinas, this is a greenfield opportunity for both surveyors and lawyers to better serve the public … and be appropriately compensated for their respective time, skill, and judgment accordingly. It appears to me at least to be the complete embodiment of Rotary’s 4-Way Test. I’ve thought about this quite a bit so I hope not to sound too trite here, but in my humble opinion … it’s an absolute non-brainer. Cheers!

Robert WM Zierman leads Justice Smiles, pllc, a firm whose work methodology seeks to resolve – not escalate – Boundary Dispute Law matters. Reprinted courtesy of his blog www.boundarydisputelaw.com


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The Sooner Surveyor | © 2018 Oklahoma Society of Land Surveyors

Object Detection/Resolution

A

by Danny R. Swain, P.S.M., I.H.O. C.H. lmost everyone involved in hydrographic surveying understands that the ability to distinguish one object from another is directly related to the pulse length. However, what some may not know is how it’s calculated and the factors involved; therefore, I’ll offer a brief explanation herein.

The resolution of acoustic equipment is defined by either its measuring precision or detection capabilities, and is determined by the following factors: 1. The pulse length or duration 2. The angle of incident the acoustic wave-front makes with the target 3. The sensitivity and resolution of the recording medium 4. The material of the target 5. The beamwidth of the transmission A gated pulse has a finite length determined by the frequency, the velocity of propagation, and the duration of the pulse. For example, if a 15kHz (frequency) acoustic pulse last for 1ms (0.001 s), what is the pulse length, ½ the pulse length, and the minimum distance two objects need to be separated by to be recorded as two separate echoes? Recalling that wavelength (ʎ) is related to the speed of sound through the water column (c)(we’ll use 1500 m/s in this example) and frequency (f) by the equation ʎ = c ÷ f, then: 

ʎ = 1500 m/s ÷ 15,000 Hz = 0.1 m

Recognizing that a 15 kHz acoustic pulse produces 15,000 cycle per second (Hz = number of cycles per second)(1 ÷ t) So in 1ms, 15 cycles will be produced:  (0.001 s)(15,000 cycles/s) = 15 cycles If a ʎ of 0.1 m long is generated for 15 cycles, then a pulse length of 1.5 m is produced  (15 cycles)(0.1 m) = 1.5 m From this we see that ½ the pulse length is 0.75 m; and that if two objects are farther apart than 0.75 m (½ the pulse length) they will be recorded as two separate echoes. The resolution is then said to be 0.75 m or ½ the pulse length. However, if the ray path is not normal to the target, the effective pulse length will be greater and the resolution will be degraded. By using this as a base, some additional basic concepts can be brought to light by expanding on this conversation slightly. For example: 1. The same 15 cycles at 200 kHz would have a pulse that last for 0.000075 seconds and produce a pulse length of 0.1125 m (½ PL = 0.056 m) From this, a comparison can be made between the 200 kHz and the 15 kHz acoustic pulses to see the differe nce in being able to distinguish between two targets 0.056 m versus 0.75 m This is why the optimal setting is always the smallest pulse length that provides a good depth reading 2. Next, if you visualize the pulse as an oblong bubble, you can see that the 15 kHz pulse can contain more power than the 200kHz pulse This additional power is why lower frequencies are required in deeper water This can of course be illustrated by use of the sonar equation if so desired by the reader And why low frequencies are used for dredging The low frequency will penetrate (because of the additional power contained within the pulse) the floating sediment associated with the dredging process, and provide a better indication of where the true bottom is instead of the soft sediment layer on top

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s w e N y t e i c o S Oklahoma Society of Land Surveyors

genuine interest in land surveying. Amount of scholarship will vary depending on number of applicants. DEADLINES - Scholarship is awarded annually prior to At it’s 2nd Quarter meeting, the Oklahoma Society of the fall semester. The deadline for all scholarship appliSurveyors Board of Directors awarded its 2018 scholar- cations is May 15 of each year. ships for the upcoming Fall semester. Three recipients ELIGIBILITY were awarded scholarships of $1,000.00 each. Scholarship applicants must place themselves in one of the following groups and meet one of the requirements 2018 OSLS Scholarship recipients are: for that group

2018 Scholarships Awarded

Aaron Stowers of McAlester, OK. Aaron will be attending Oklahoma State University-IT in Okmulgee. Aaron Option A. You are graduating from high school and enowns a Dirt works and construction business, S3 Con- tering college 1. Attain a GPA of 2.5 or above struction 2. Be a current Associate or Student member of the Layne Gwartney of Hammon, OK. Layne will be attend- Oklahoma Society of Land Surveyors * ing Oklahoma State University-Oklahoma City. Layne 3. Be an Oklahoma state resident wishes to own his own business and seek icensure as a Option B. You are currently working under the superviProfessional Land Surveyor sion of a Luke Combs of Depew, OK. Luke will also be attending Professional Land Surveyor and working towards regisOklahoma State University-IT in Okmulgee. Luke’s long tration. term goals include owning his own surveying business 1. Upon recommendation from a Licensed Professional Land Surveyor MISSION - The Oklahoma Society of Land Surveyors 2. Be a current Associate or Student member of the Scholarship program will provide financial assistance to Oklahoma Society of Land Surveyors * those applicants who are seeking a career as a Regis- 3. Have a strong background in mathematics tered Professional Land Surveyor. GOAL - To promote the Profession of Land Surveying and increase awareness among those considering the CLICK HERE TO MAKE A DONATION TO THE OSLS profession of the high standards and integrity of the SCHOLARSHIP FUND Land Surveying profession. SCHOLARSHIP - Scholarships will be awarded to successful applicants who have demonstrated talent and achievement in the areas of leadership, citizenship, and


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 The Oklahoma Society of Land Surveyors 13905 Twin Ridge Road Edmond, OK 73034

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OSLS Fall Conference September 14, 2018 Hilton Garden Inn Lawton, OK OSLS 50th Anniversary Convention Sheraton Reed Center And Skirvin Hotel February 28-March 2, 2019

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The Sooner Surveyor | 2nd Quarter 2018  
The Sooner Surveyor | 2nd Quarter 2018  
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