Free Motion in Limine - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 313-2

Filed 04/18/2005

Page 1 of 3

' MartinL. DevereCF ConsultingForester PO Box 457 Tombstone, Arizona 85638 502 457 3557
November14, 2003

Alan I Saltman Saltman & Stevens, P.C. Suite M-110 1801 K St., N.W. Washington, D.C. 20006 Re: Precision Pine vs. US Subject: Overrun Dear Mr. Saltman, The following is myconclusion regarding the appropriateness of the 1.25 overrun factor being asserted by Precision Pine in the instant case. Overrunor moreprecisely the difference betweenthe greater volumesof lumber actually sawnover the lesser estimated log scale volumeof a given log as measuredin board feet. This is determinedby twofactors, the type of log scale used, in this case Scribner decimalC log role and the efficiency of the sawmill. In the Southwestthe Forest Service uses Scribner decimal C to calculate the sawlog volumein measured timber sales. Scribner is a diagramlog rule that assumes1-in. boards and 0.25-in. kerf that is based on diameterat the small end of the log, disregards taper, and does not provide for overrun. Scribner rule underestimates lumber yield on small logs and on long logs with taper. TheScribner decimal C takes the Scribner rule and measuresto the closest 10 board feet and drops the drops the last digit. Thescaling cylinder for Scribner DecimalC rule is an imaginarycylinder extending the length of the log with a diameter equal to the small end of the log. A log with a 6" small end diameter will measure for the entire cylinder evenif the large end is 10 in. and side boards are 6" removedin the course of manufacture. Just through this methodof measurement the smaller the average log diameter on a given timber sale the greater the estimated overrun. The mill ownedby Precision Pine near Heber, Arizonais typical of smaller Ponderosa Pine cutting sawmills in the southern RockyMountains. It has a seven foot band headrig (first principle manufacture process), horizontal resaw, wide board edger, and trimmer. Theowners also installed one of the first computeroperated laser set workson the head rig to give the sawoperator the best options for volumeand grade recovery. The

Case 1:98-cv-00720-GWM

Document 313-2

Filed 04/18/2005

Page 2 of 3

manufacturedlumber is hand stacked on the green chain allowing for minimalloss due to damage. I understandthat a fire destroyedthe Precision Pine records for the time in question but it is not too hard to determinean overrun factor applicable. Mr. Porter estimated the average log size to be about 100 board feet for a log 16 feet in length: Basedon the log size and the sawmillefficiency, an overrun factor of 1.25 wouldseemconservative. In 1999 the Beck Group, a Portland Oregonbased sawmill consulting firm, conducted mill studies in the inland region, including Arizona, for WesternWood Products Association. (pertinent Page Attached) Thesestudies of nine mills, among other things, measured lumberrecovery as related to log size. (Precision Pine wasnot part of the studies.) As a mill of at least average efficiency the Precision Pine sawmillshould equal the medianoverrun factor derived from the studies. Of the nine mills studied the factor ranged from 1.07 to 1.73 with the smallest factor comingfrom a mill with a 290 board foot log average log size. Theoverall average log size was124.2 board feet. Those with a log size similar to Precision Pine had factors or 1.29 to 1.35; Theoverall overrun factor was 1.31.

Basedon all of the above, it is myopinion the 1.25 overrun factor claimedby Precision Pine is not only defendablebut is, in fact, conservative. Per your request, attached is a copy of myqualifications to makethis statement. As we agreed mycompensationfor preparing this report is $90 per hour plus expenses and my compensation relating to any testimony that I mayhave to give with regard to it is $100 per hour pins expenses. I last served as an expert witness in CulebmRanchvs Southwest MountainResources (Idaho TimberCo.) in July 2000, DenverFederal Court. Martin L. Devere CF

Case 1:98-cv-00720-GWM

Document 313-2

Filed 04/18/2005

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