Free Exhibit List - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH

Document 192-2

Filed 04/25/2007

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DEFENDANT'S EXHIBITS Banks, et al. v. United States No. 99-4451 L

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"Assessment of the Causes of Erosion in the Vicinity of St. Joseph Harbor, Michigan" by Dr. Robert B. Nairn "Supplemental Report on Review of Plaintiff Expert's Reports" by Dr. Robert B. Nairn "Geology and Long-Term Lakeshore Erosion in the Vicinity of St. Joseph, Michigan" by Dr. Grahame J. Larson "Supplemental Report on Review of Plaintiff Expert's Reports" by Dr. Grahame J. Larson Offshore Wave Rose (Figure A20 of the Nairn Expert Report) Figure 2.8 Wave focusing effect (red band approaching shore) of the lakebed rise on the Plaintiffs' area (from Nairn Expert Report, p. 2-29). Figure 2.9 Predicted pre-harbor longshore transport rates in the study area (from Nairn Expert Report, p. 2-29). Figure 4.15a Nearshore slope change history offshore in front of C&O Railway revetment. (from Nairn Expert Report, p. 4-142). Figure 4.15b Railroad Location. (from Nairn Expert Report, p. 4143). Figure 3.3 Profile Height Definitions. (from Nairn Expert Report, p. 3-40). Figure 3.4 North Fillet Beach Change (from Nairn Expert Report, p. 3-42). Figure 3.5 South Fillet Beach Change (from Nairn Expert Report, p. 3-43). Figure 3.6 North Fillet Beach Growth (from Nairn Expert Report, p. 3-45). Figure 3.7 South Fillet Beach Growth (from Nairn Expert Report, p. 3-46).

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Case 1:99-cv-04451-ECH

Document 192-2

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Figure 3.9 Lakebed change between 1907 and 1954 (from Nairn Expert Report, p. 3-51). Figure 3.10 Lakebed change between 1954 and 2001 (from Nairn Expert Report, p. 3-52). Figure 3.11 Nearshore Currents (NW Storm) with high river flow on 1907-1954 lakebed change (HYDROSED) (from Nairn Expert Report, p. 3-54). Figure 3.12 Nearshore Currents (SW Storm) with high river flow on 1907-1954 lakebed change (HYDROSED) (from Nairn Expert Report, p. 3-55). Figure 3.14 Sedimentation due to an extreme (20-year return period) flow discharge with 1991 channel bathymetry (RMA2/SED2D) (from Nairn Expert Report, p. 3-57). Figure 3.16a Nearshore currents under NW storm event (HYDROSED model results) (from Nairn Expert Report, p. 3-59). Figure 3.17a Nearshore currents under SW storm (HYDROSED model results) (from Nairn Expert Report, p. 3-61). Table 4.2 Bluff Erosion Rates (from Nairn Expert Report, p. 4-120). Figure 4.2 AARR Summary by Reach (from Nairn Expert Report, p. 4-121). Figure 4.18 Predicted pre-harbor longshore transport rates in the study area ­ Present Conditions (from Nairn Expert Report, p. 4146). Table 4.4 Long-term Sediment Budget Downdrift of St. Joseph Harbor (Sand Only) (from Nairn Expert Report, p. 4-148). Figure 1a Comparison of Average Annual Bluff Recession Rates MDEQ to Nairn Expert Report, Hagar Township (from Nairn Supplemental Report on Review of Plaintiffs Experts' Reports, p. 19). Figure 2b Comparison of Average Annual Bluff Recession Rates MDEQ to Nairn Expert Report, Lincoln Township (from Nairn Supplemental Report on Review of Plaintiffs Experts' Reports, p. 22). Document Title: Figure 6 from Larson expert report ­ Glacial Geologic Map of Berrien County

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Case 1:99-cv-04451-ECH

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Figure 7 from Larson expert report ­ Glacial and post glacial lakes in the Great Lakes basin Figure 8 from Larson expert report ­ Lake-level history of glacial and post glacial lakes in the Lake Michigan basin Figure 9 from Larson expert report ­ A. Geologic cross-section of lake bluffs north and south of St Joseph looking east; B. Blowup of geologic cross-section of lake bluffs from St. Joseph to Grand Mere Lakes. Well logs used to generate cross section in Figure 9 of Dr. Larson's expert report Peat rafts - Box of peat rafts collected by Dr. Larson in Spring 1996 along shore of Lake Michigan near Grand Mere Lakes, Michigan. (These can be made available to plaintiffs' inspection at a time mutually agreeable.) Spreadsheet ­ St. Joseph Dredging (see Exhibit 6 to James P. Selegean's May 19, 2005 deposition) Response from Colonel Hays, District Engineer, to Mrs. Lee Botts' letter dated August 7, 1974 re: Section III studies (Mrs. Hays's letter dated August 7, 1974 to Colonel Hays also part of this exhibit) Letter dated January 8, 1985, from P. McCallister, Chief, Construction-Operations Division, to Mr. Patrick McMullen re: the Public Notice titled "Maintenance Dredging and Beach Nourishment, St. Joseph Harbor, Michigan" dated November 26, 1984 Letter dated December 2, 1993, from Dale Monteith, Acting Chief, Planning Division, to Mr. Jefferson Upton re: his formal application for a study, under the Continuing Authorities Program (CAP) Letter dated January 13, 1994, from Dale Monteith, Acting Chief, Planning Division, to Mr. Jefferson Upton re: Preliminary surveys are now indicating that roughly 15,000 cubic yards of sand will be dredged and placed at the Shoreham feeder beach. October 8, 1953 Memo Report on Beach Erosion at Shoreham, Michigan by Mr. Drew, Area Engineer Technical Report CHL-97-15, July 1997 titled "Effectiveness of Beach Nourishment on Cohesive Shores, St. Joseph, Lake Michigan"

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Case 1:99-cv-04451-ECH

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Final Environmental Statement: "Mitigation of Shore Damage Attributed To The Federal Navigation Structures At St. Joseph Harbor, Michigan" dated November, 1974 Section 111 Monitoring Report FY 1997 "Annual Report On The Section 111 Beach Nourishment Monitoring Program - FY 1999 January 2000" "Section 111 Preliminary Report on St. Joseph Harbor, Michigan" dated 13 March 1970. Excerpt of "Bluff Line Recession And Economic Loss In Coastal Berrien County, Michigan" dated December 1988 "Shoreline Classification of Berrien County" by C.R. Humphrys, R.N. Horner, J.H. Rogers, Michigan State University Article titled "Nearshore Profile Change and Its Impact On Rates Of Shoreline Recession" published in Coastal Sediments '99. "Section 111 Detailed Project Report On Shore Damage At St. Joseph Harbor, Michigan" dated May 1973 Excerpt of Physical Geology - Fourth Edition "Living on the Coast - Protecting Investments in Shore property on the Great Lakes" "Living With The Lakes - Understanding And Adapting to Great Lakes Water Level Changes" Excerpts of Report to Chief Of Engineers on St. Joseph Harbor, Michigan, from 1835 to 1868 Property Numbers in High Risk Erosion Areas In Berrien County, Chickaming Township (arranged north to south), January 1981, amended 5/81 "The Post-Glacial Geology of the Grand Marais Embayment, Berrien County, Michigan" by Glenn Charles Tague. April, 1942 Permit Application with supporting documents 85-12-1166, 85-56161 for plaintiff McKay property in 1985 Permit Application with supporting documents 86-56-741 for plaintiff McKay property in 1986 Permit Status Summary with supporting documents Bulkhead and Sand Traps for plaintiff McKay property in 1997

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Case 1:99-cv-04451-ECH

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Permit Status Summary - Detroit District with supporting documents Rip Rap - Nationwide for plaintiff Notre Dame Path Association property in 1999 Permit Status Summary with supporting documents Rip Rap for plaintiffs Renner and Pancoast properties in 1997 Permit Application with supporting documents Sand Bags for plaintiff Renner property in 1986 Permit Application with supporting documents for plaintiff Renner property in 1986 Permit Application with supporting documents Cement Filled Bag Groin for plaintiff Renner property in 1987 Permit Application with supporting documents Rock Placement for plaintiff Lahr property in 1986 Permit Application with supporting documents Sand Bags for plaintiff Cunat property in 1986 Permit Application with supporting documents Dredging for backfill for plaintiff Ehret property in 1986 Permit Application with supporting documents Geotextile sand bags groin - dredge sand from lake for plaintiff Ehret property in 1986 Permit Application with supporting documents Seawall above OHWM (No Permit required) for plaintiff Ehret property in 1984 Permit Application with supporting documents Wooden Groins for plaintiff Lahr property in 1984 Permit Status Summary Bulkhead for plaintiff Renner property in 1994 Permit Application with supporting documents Rip Rap for plaintiff Wineberg property in 1985 Permit Status Summary Bulkhead for plaintiff Banks property in 1997 Permit Application with supporting documents Sand Bags for plaintiff Stevens property in 1986 Permit Application with supporting documents Seawall for plaintiff Stevens property in 1985

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Case 1:99-cv-04451-ECH

Document 192-2

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Permit Application with supporting documents Bulkhead - Dredge backfill for plaintiff Kane property in 1985 Monthly Mean Water Levels (feet IGLD 1985) Map - "Survey Of the Harbor at St. Joseph Michigan Made under the Direction of Capt. A. Canfield" dated September 1844 Permit-Status-Summary - John Banks for plaintiff Banks property in 1997 Regional Permit Review Document Minor Discharges, Work and Structures in the State of Michigan for plaintiff Banks property in 1997 Letter dated 9/25/00 to Roger (Wilschke) from Tara Gray, Metropolitan Title Company re: 3140 S. Lakeshore Drive, St. Joseph, MI Permit Number 56-868 86-56-868 Bulkhead for plaintiff Stevens property in 1986 Permit 85-56-043 Revetment/Sandtrap for plaintiff Stevens property in 1985 Permit 85-56-288 Bulkhead for plaintiff Kane property in 1985 Permit 85-56-161 Sandtrap/Seawall - back fill from near shore for plaintiff McKay property in 1985 Exhibit A - Damages Map - "Survey of the Mouth of the River - St. Joseph, Michigan" dated 1834 Photo --Sputnik Aerial - June 7, 1988 Aerial Photo labeled May 1, 1968 Aerial Photo looking North to St. Joseph, Michigan labeled 5/10/00 Aerial Photo labeled 5/10/00 Plat Map of Shoreline - Lincoln TWP Plat map for a portion of Village of Shoreham - St. Joseph TWP Excerpts of Reports Of The Chief Of Engineers, U.S. Army 1866 1980

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Case 1:99-cv-04451-ECH

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Various Records of Construction for dredging and maintenance work dating from 1976 through FY99 & FY01 Maintenance Dredging New Buffalo, St. Joseph (Inner & Outer) Harbors, Michigan FY00 Maintenance Dredging of St. Joseph (Outer) and South Haven Harbors, MI Technical Report CHL-97-15, July 1997 titled "Effectiveness of Beach Nourishment on Cohesive Shores, St. Joseph, Lake Michigan" "Memorandum For File: Field Report - St. Joseph Site visit for Historical Harbor Information - Banks Case" by James P. Selegean, dated 26 July 2004, containing excerpts of two books

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Report to Chief Of Engineers on St. Joseph Harbor, Michigan, from 1835 to 1868

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Excerpts of "Guidance and Lessons Learned from Monitoring Completed Navigation Projects" Report dated June 2004 Two wood bulkheads: Repair waterwood, replace landward with vinyl for plaintiff Melcher property in 1997 Application for Permit for plaintiff Melcher property in 1997 Permit denial based on State denial of permit for plaintiff Anderson property in 1986 Coordinate Data Excerpt of Draft of "Sand Resources Of Southeastern Lake Michigan" dated June 1978 by Meisburger, Williams, and Prins of Corps of Engineers Drilling Logs Memorandum For Commander, Detroit District: St. Joseph Laboratory Results of Soil Samples, by David P. Hammer, Chief, Geotechnical Branch, Corps of Engineers, dated 18 Jul 88 "Report for the Geotechnical Investigation of the Southwestern Michigan Lake Michigan Shoreline" dated January 1995

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Case 1:99-cv-04451-ECH

Document 192-2

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"Geotechnical Investigation At Lake Michigan Shorelines Sites" submitted January 1999 "Report of Field Geophysical Investigation Lake Michigan SONAR, Sub-Bottom GPR, and Sampling" by William A. Sauck, Western Michigan University, dated February 26, 1999 (revised) Various Aerial photos Excerpt of "FEPS Modeling for LMPDS (Final Report) - Fiscal Year 2001/2002", by Baird & Associates, dated March 2003 Excerpt of "FEPS Development and Application to the LMPDS Protype Counties (Final Report) - Fiscal Year 2000", by Baird & Associates, dated November, 2001 LMPDS - Development and Testing Of The Flood & Erosion Prediction System - FY 98 Process LMPDS - Development and Testing Of The Flood & Erosion Prediction System - FY98 Progress - Appendix Various Aerial Photos U. S. Army Corp Of Engineers - St. Joseph, Michigan - 1992 Proposed Soil Borings Record of Construction FY05 Maintenance Dredging St. Joseph Harbor, Michigan "Annual Section 111 Beach Nourishment Monitoring Program and Trip Report - Fiscal Year 04" Michigan State Highway Department (MSHD) Drawing - Prop. Alterations to Existing Jetty Installation for Shore Protection Along US-12 at Shoreham, Berrien Co., South of St. Joseph. Approved 12/10/54 MSHD Drawing - Prop. Alterations to Existing Jetty Installation for Shore Protection Along US-12 at Shoreham, Berrien Co., South of St. Joseph. (M11-28, C16) ­Approved 12/10/54 MSHD Drawing - Existing Jetties for Shore Protection Along US12 at Shoreham, Berrien Co., South of St. Joseph. (M11-28) Dated 1955. Michigan Department of State Highways (MDSH) Drawing - Plans of Proposed Shore Protection Repair. Approved 4-5-73

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Case 1:99-cv-04451-ECH

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MDSH Drawing - General Plan of Project. Proposed Shore Protection along I-94BL in the City of St. Joseph. Approved 4-573. MDSH Drawing - General Plan of Project. Proposed Shore Protection along I-94BL in the City of St. Joseph. Approved 4-573. MDSH Drawing - General Plan of Project. Proposed Shore Protection along I-94BL in the City of St. Joseph. Approved 4-573. MDSH Drawing - Plans of Proposed State Project I-94 BL in St. Joseph, Berrien County, City of St. Joseph. Recommended for Approval - 1970 MDSH Drawing - General Plan of Project for Proposed Shore Protection along I-94BL in the City of St. Joseph. Checked 2-5-81. Michigan Department of Transportation (MDOT) Drawing Plans of Poposed Michigan Project along Route I-94BL. Approved 8/19/86 MDOT Drawing - General Plan of Project for Proposed Shore Protection along I-94BL in the City of St. Joseph. Approved 7-2986. MDOT Drawing - General Plan of Project for Proposed Shore Protection along I-94BL in the City of St. Joseph. Sheet 4 of 6. Approved 7-29-86. MDOT Drawing - General Plan of Project for Proposed Shore Protection along I-94BL in the City of St. Joseph. Sheet 5 of 6. Approved 7-29-86. MDOT Drawing - General Plan of Project for Proposed Shore Protection along I-94BL in the City of St. Joseph. Sheet 6 of 6. Approved 7-29-86. MDSH Drawing - Sections. Checked1970. CSX Document of Lists of repairs and proposed work Chesapeake and Ohio Railway (C&O) Drawing ­ Renewing 41' 0" Linear Feet of Retaining Wall Along Lake Michigan, St. Joseph, MI. Date: 6-22-71

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C&O Drawing ­ Renewing 140.5' Linear Feet of Retaining Wall Along Lake Mich., St. Joseph, MI. Drawing No. X-11081. Date: 913-71. C&O Drawing ­ Renewing 141'-6" Linear Feet of Retaining Wall Along Lake Mich., St. Joseph, MI. Date: 6-5-69. CSX document. Drawing ­ Location of Lake Mich. Shore Line Near St. Joseph, Michigan from Sta. 3315 to 3390. Dated: July 3, 1919 C&O Drawing ­ Proposed repairs Shore Protection Works, St. Joseph, Michigan. Sheet 4 of 4. Date: July 12, 1955 C&O Drawing ­ Strengthen and Repair portions of retaining wall. Drawing X-11089 CSX document Drawing ­ Relative Position of Shore Line and Tracks at about Sta. 3330. Date: July 1, 1940 CSX document Drawing ­ Proposed Embankment Protection South of St. Joseph, MI. Date: Sept. 25, 1929 CSX document Drawing ­ GD-94-B CSX document Drawing ­ Proposed Extension of Revetment Wall S. Of St. Joseph. Date: Feb. 18, 1943

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