Free Motion to Compel - District Court of Federal Claims - federal


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Date: October 17, 2006
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State: federal
Category: District
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Case 1:05-cv-00381-CFL

Document 28-7

Filed 10/17/2006

Page 1 of 4

Exhibit F

Case 1:05-cv-00381-CFL

Document 28-7

Filed 10/17/2006

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I I I
I I ARKANSAS GAME AND FISH COMM]~ION ~URCE EVALUATION AND DAMAGE APPRAISAL FOR

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PART OF TI~ DAVE DONALDSON BLACK RIVER WILDLIFE MANAGEMENT AREA

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JANUARY, 2001 i

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"oo~ ! iGw " ~ IIW'IIClM, INC. IFOlllg~rlglr Sg,

AGFCl~74

Case 1:05-cv-00381-CFL

Document 28-7

Filed 10/17/2006

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RESOURCE EVALUATION AND DAMAGE APPRAISAL FOR ARKANSAS GAME AND FISH COMMISSION

PART OF THE DAVE DONALDSON BLACK RIVER WILDLIFE MANAGEMENT AREA

January, 2001

AGFC1575

Case 1:05-cv-00381-CFL

Document 28-7

Filed 10/17/2006

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RESOURCE EVALUATION AND DAMAGE APPRAISAL DAVE DONALDSON/BLACK RIVER WILDLIFE MANAGEMENT AREA ARKANSAS GAME AND FISH COMMISSION

EXECUTIVE SUMMARY During November-December 2000, Kingwood Forestry Services, Inc. condac, ted an inve~ation on portions of the Dave Donaldson/Black River Wildlife Management Area (WMA). The propose of the study was to determine if excessive ~ee mortality end ganeral forest degradation was occurring on the WMA. I fexcessive mot'tality was occurring, the ~dy wo-,dd also determine the causa for the mortality. Finally, the study would Ix'ovidc an appraisal of dead aad dying timber. A 5~ timber inventory, a timber appraisal, and a resource evaluation were conducted on 5 tracts that compri~ 6,990 acres or about a third of the WMA. The result of these studies indicate that the bottomland hardwood forests within much of the WMA are in a rapid state of decline aad dvgradation. Mortality over the last 3 years in some tree species, particularly Nutall oak, ranges fi-om 20-60%; and crown die-back is evident in 30-60% of the living trees. Tree mortality in these areas in previous yems was only ! to 20~. In addition, vegetation and plm~t ommunilies that are developing in the tmderstory ofthes¢ dying stands are orap¢ised almost et~tirely o f facoltative wetland species that normally oezur cm sites along lake, pond, or slough bovd¢~ where the soils remain saturated with water most of the year. The obv]o~ cause of the tree mortality and stand degradalion is a 1993 change in the wata" control plan for regulating flow rates and levels of the B Jack River below Poplar Bluf~ ~. Tbo chang© involved a deviation in the plan to allow prolonged and restricted flows during the summer months which results in growing u:ason flooding ofhardwcod fore~ on the WMA. The timber appraisal indicates tha~ 1he value of the damng© which has already ~ in ~ ~ dying timber on the 6,990-acre study area is $4,754,000.00. If the water control plan is not immedint~ly chanBed, aad growlng-season flooding continues, additional damages will occur. The va/ue ofeddi~ona/damages is appraised at $6,386,000.00 for the 6,990 acre m'ea. There are other areas witidn the WMA that are in a sindlar state of decline but not incl~led in this study, Tbese aressmust be ~m-ddderedbeforea cc~ve dmange appraisal for the entire WMA can be made. Also, non-ccmmu3dity resources such as loss of critical forest ecosystem and wildlife habitat, diminished aesthetic quality, and reduced hunting ead other recreational opportunities have not been evaluated. Tbes¢ n~ourees have significant value and should be conaldevedin an asaea.~nent of the total impact that growing season flovding is having on the WMA.

AGFC1576