I think I Will Never See a tree That cannot...

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I think I Will Never See a tree That cannot be O ne of my last jobs as a contract admin- istrator for the U.S. Forest Service was the administration of a 500-mile and 2,000-corner boundary retracement. One of the contract requirements was the creation of new bearing or witness or pointer trees at each corner. This was not an urban survey: it was a rural retracement, with accuracy primary and precision secondary. These trees were to be identified by species and diameter with a bearing and distance from each monumented corner to the new tree. While in pre-contract discussions with the selected firm, not of my choosing, I stressed the importance of the proper identification of trees and why this provision was in the contract. Under the guidelines we were required to observe, if the potential contractor assured us it could meet this requirement, our hands were tied. Discussion indicated the survey crews were mainly trained in “city” retracements” and their rural experience was lacking. Aſter negotiations were completed and the contract was awarded—over my wrien objections—the fiscal staff was happy with the price quoted (lowest quote, of course) and awarded the contract. I had a “funny feeling” it was the start of a disastrous and possible litigious relationship. When the final product started being submied, the field work (the number calculations) looked adequate but the field notes were something else. Bearing trees were of two species, “Pine” and “Oaks.” No others were identified. A field check indicated that 100% of the bearing trees were misidentified by species as well as diameters. (I would like to point out that a 100% field inspection was made of each corner. This increased our cost » WALT ROBILLARD, ESQ., FSMS, PS, FORESTER PART 2 Displayed with permission • The American Surveyor • February 2017 • Copyright 2017 Cheves Media • www.Amerisurv.com

Transcript of I think I Will Never See a tree That cannot...

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I think I Will

Never See a tree

That cannot be

O ne of my last jobs as a contract admin-istrator for the U.S. Forest Service was the administration of a 500-mile and 2,000-corner boundary retracement. One

of the contract requirements was the creation of new bearing or witness or pointer trees at each corner. This

was not an urban survey: it was a rural retracement, with accuracy primary and precision secondary. These trees were to be identified by species and diameter with a bearing and distance from each monumented corner to the new tree. While in pre-contract discussions with the selected firm, not of my choosing, I stressed the importance of the proper identification of trees and why this provision was

in the contract. Under the guidelines we were required to observe, if the potential contractor assured us it could meet this requirement,

our hands were tied. Discussion indicated the survey crews were mainly trained in “city” retracements” and their rural experience was lacking.After negotiations were completed and the contract was awarded—over my

written objections—the fiscal staff was happy with the price quoted (lowest quote, of course) and awarded the contract. I had a “funny feeling” it was the start of a disastrous

and possible litigious relationship. When the final product started being submitted, the field work (the number calculations) looked adequate but the field notes were something else. Bearing

trees were of two species, “Pine” and “Oaks.” No others were identified. A field check indicated that 100% of the bearing trees were misidentified by species as well as diameters. (I would like to

point out that a 100% field inspection was made of each corner. This increased our cost

» WALT ROBILLARD, ESQ., FSMS, PS, FORESTER

PART 2

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of contact administration by over 1,000%, which we had not budgeted.) The contract staff authorities tried to hold me responsible for the overrun for administration based on their decision of the contractor. (As a side note the contract was scheduled to run for six months but it took nearly two years and the weather in this period was virtually rain free and perfect for field work.)

After writing a “cure contract order” with a requirement that they hire a forester to be a

part of their crew, “all hell broke loose” when he, too, was woefully uneducated in tree identification. Since then I have created and taught several courses in tree identification to the un-informed and as a result, hopefully, I believe I have put together a rather simple one day course in “Dendrology” that students can study from a book that usually takes two semesters in college.

This article is for the un-informed profes-sional who is supposed to know all there is to know about retracements. It can also be used for the lay person who wishes to improve his/her knowledge). Additionally, it is for a professional person who stands up in court or who identifies him/herself on their let-terhead as a retracement expert or specialist. I hope this article will give these experts an opportunity to expand their knowledge.

In 1799 when Andrew Ellicott surveyed the 31st parallel between Spanish west Florida and the United states, this Colonial surveyor identified the native species by their scientific names by genus and species. Today there can be no question what trees he was talking about. Remember, Ellicott was a surveyor and not a dendrologist. His technical knowledge gave us what the actual name of the trees were and not some made up or local names. Figure 1 is a page from his 1803 report of his 1799 survey in which he gave specific identification of the trees he observed for posterity.

While at the New York State College of Forestry I took my Dendrology course from “Wild Bill” Harlow, the author of one of the primary texts on tree identification. He would teach us while making whistles out of “moosewood” which is a species of Maple. At the end of the class he would play a song on the whistle. As a result we gave him the moniker “Moosewood Bill.” By the end of our sophomore year we were expected to be completely knowledgeable with the common and Latin scientific names, and the correct identification of over 200 American trees. This informa-tion has been very helpful to me in the advancement of my career as a retracement surveyor. I am not a high tech person, but I still consider myself a “dirt” surveyor who

Figure 1: A direct reproduction of a page from the published report of 1803.

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The OaksTwo primary categories are found; broadly they are the White oaks and Red (Black) oaks. White oaks make better bearing trees. The Black oak class is inferior. White oaks have leaves that have rounded lobes without “prickers” at end of lobe. Bark may be whiter with shallow lobes.Red oaks have “V” shaped lobe usually with a small “pricker” at end of lobe. It is my opinion that the Spanish Oak (no scientific name) identified by early surveyors was probably a variety of Red Oak, in that the leaves were elongated and with a distinctive “Prickle” on the end of the lobe. The leaf had a distinctive look of what people thought a Spanish sword looked like.

The wood of the two oaks is distinguish-able by examining the two wood cores. Looking at the core with a 10X Hand lens, the pores of the white oak wood has occlusions (tyloses) that plug the pores. They inhibit water from moving throughout the wood thus inhibiting wood decay. The red oak wood lacks these occlusions and as such wood will decay more rapidly. This leads the retracing surveyor to a greater possibility of finding the remains of white oak trees as compared to red oak trees.

COMMON NAME SCIENTIFIC NAME OTHER USED NAMES

White pine Pinus strobus Black pine, Cork pine, Oldfield pine, Cabbage pine, Arrow pine, Pumpkin pine and any tree with green needles.

Hemlock Tsuga canadensis Spruce pine, Suga, Tsuga, Hemlock pine, Hemlock spruce, White hemlock, Canadian hemlock

Red cedar Juniperus virginiana Pencil cedar, post cedar, Fence post cedar, Juniper, Pencil juniper, Eastern cedar. Slow growing but long lived.

Black walnut Juiglins nigra Walnut, American walnut

Butternut Juglins cineria White walnut

Shagbark hickory Carya ovata Hickery, Shaggybark hickory, Shellbark hickory, Walnut, Upland hickory

Blue beech Carpinus caroliniana American hornbeam, ironwood, muscle wood

Ironwood Ostrya Virginia Hop hornbeam, ironwood, Bluebeech

Sycamore Platnus occidentalis Buttonball, Buttonwood, Plane tree, American Plane

Basswood Tilia Americana Bee tree, Lime, Linn, Lynn, Whitewood, Virginia maple

Beech Fagus grandifolia American beech, Beechnut, Red beech, Grey beech, White beech

Sugar maple Acer saccharum Hard maple, Sugar tree, Rock maple, Black maple, Curley maple, Bird’s eye maple, Sugar maple.

Red maple Acer rubram Soft maple, Swamp maple, White maple, Scarlet maple, Water maple

Black gum Nyssa sylvatica Black tupelo, Tupelo gum, White gum, Pepperidge, Beetle bung

Palm tree Sabal palmetto Cabbage tree, Cabbage palm

Black cherry Prunus serotine Rum cherry, Plum, Peach, Choke cherry

Osage orange Maclura pomifera Osage orange, horse apple, Bodarc, Bois’d arc

It is my belief that the Spanish Oak was actually black oak that had produced these elongated leaves which reminded the surveyors of a Spanish sword.

In order for us all to be on the same branch and refer to the same tree or trees, the following list is a partial compilation from numerous sources of deeds, surveys, articles, and experience of tree names that have been used over the years. Some of the names are very local and are not seen in other areas.

depends on fundamental knowledge for Finding the Footsteps.

I believe the first thing we have to under-stand is “what tree are we talking about?” I have offered advice and professional testimony on such trees as Button Wood, Bee Tree, Spruce Pine, Cabbage tree and some that defy spelling. First we need to identify and make certain we are talking about the same tree. Over the years a collection of the various names used for certain trees have been assembled by numerous individuals. In all probability, every species of tree was prob-ably used and referenced under one name or the other. The major species referenced by early surveyors are listed below.

I would like to point out that my research has not been able to identify that elusive, abundantly-identified tree called the “Spanish Oak.” The identified leaves are from the same Black oak that is growing in my front yard. The reader can see the variety of leaves it produced (Figure 2).

Figure 2: These leaves are all from the same Black oak in my front yard. Note bristle at end of lobes.

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In examining original bearing trees one may find exotic trees referenced: Live Oak, Bald Cypress, Palm, or Cabbage.

If you asked the uninformed he/she would probably say hardwood or softwood, or pine and oak. The answer is yes and no. There are softwoods that are hard and hardwoods that are soft. Hardwoods that keep their leaves and softwood trees that lose their needles. It can be said that they are unpredictable except for certain points of identification.

Once we have agreed on a name let’s look a little closer. In testimony I have had an opposing witness call a tree a basswood to have it turn out to be a magnolia. I had one opposing witness call a tree a Spruce pine only to have it be a white pine.

I was testifying in the case of Howell vs. the United States. A critical piece of evidence was the identification of a large blazed tree supposedly on the original line. The field notes called for WO. The Plaintiff’s surveyor presented white oak leaves he had obtained from the ground to identify the tree. I went out in the field and shot a twig from the tree to identify the tree. I confirmed its prelimi-nary bark identification when the twig was identified as the fruiting body of a basswood. Also, the trunk of the tree, when hit with an ax, sounded like a bass drum. See Figure 3. The key identification element was the fruiting body in the lower right corner which is called pendulant. Forestry students have also given them a somewhat risqué name that will be disclosed on a personal basis.

Here are a few of my suggested principles on how to make common sense out of common trees. They are:

1. What time of year was the tree identified? Are you dealing with leaves, branches or others factors?

2. How is it identified in the record you have?

3. Does the tree have leaves or needles?4. If leaves or branching, is it alternate

branching or opposite branching?5. If opposite, does it fit MADCapHorse

(Maples, Ash, Dogwood, * Honeysuckle/Viburnum (Caprifoliaceae), Horse chestnut)?

6. Is it an anomaly in its class? For example, cypress, a softwood that loses its needles in winter, or live oak that keeps its leaves in winter?

7. If needles; What kind and how many?8. Is the leaf unique? Ginkgo, etc.9. Is it a pine? Number of needles.10. Is it simple leaf or compound leaf?11. Is the bark unique? For example,

hickory, beech, cherry.12. If none of the above work, wait for

later issues of the American Surveyor for further information or obtain one of the books listed in the sidebar.

Just as a surgeon cannot learn to do a heart replacement from a book, I do not expect the professional retracement surveyor to become an expert dendrologist from this article, but I hope it will provide

Figure 3: American basswood

sufficient incentive for those who wish to expand their knowledge to the point that when called on each will study and be able to become conversant with tree identifica-tion suitable to meet the needs of the modern expert. I will cover more aspects of tree identification in future articles. ◾

Walt Robillard has been surveying since 1948. His experience includes teaching in colleges and continuing education seminars, and writing. He has worked in private industry and spent 30 years with the U.S. Forest Service as a Regional Surveyor and expert witness. He is an attorney, forester, licensed surveyor, and expert witness, and has co-authored several survey books.

Suggested ReadingThey following books, pamphlets and articles are recommended reading:

Publication of your state forest commission. Each state has printed booklets of native trees. Also probably available through your county forest department. One example is Know your Trees, Mississippi Extension Service, State College, MS.

Trees of the World, Hermes House, This is one of the best books I have seen. I wish I had had it in college and in my world travels. The colored illustrations are superb.

Textbook of Dendrology by Dr. Wm. L. Harlow; John Wiley and Son., New York. (Moosewood Bill)

Native Trees of Canada; Bulletin 61, excellent photographs, an old but great early book. Kings Printer, Ottawa, Canada, 1949

Trees of North America, Brockman, St. Martins Press, Hand drawings of excellent quality.

The Book of Trees, Grimm, Hard cover excellent 1x1 drawings.

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