2 Colo. Code Regs. § 406-17-17111
Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-17-17111 - DOCUMENTATION OF CLAIMA. Investigation of damage claims for nursery damage shall be conducted jointly by the claimant and the Division's investigator. Documentation which is necessary to support a claim for damage to nurseries shall be prepared by the claimant and shall include but need not be limited to:1. A map of the entire nursery area showing the location of trees and shrubs within the nursery that have been damaged by big game.2. The species, variety, age and extent of damage for each tree and shrub.3. The percent of each tree that has been damaged by barking, browsing or rubbing which shall be determined as follows: a. Bark damage- will be determined by estimating the percent of bark removed down to the cambium layer on the circumference of the trunk and branches of each tree or shrub and its relative affect on the life and productivity of the trees and shrubs in question. This percent permanent damage will be applied to the appropriate tree and shrub values to arrive at the amount of reimbursement to the claimant. Light barking which doesn't expose the cambium will not be considered as permanent damage.b. Browse damage- will be determined for each tree or shrub by first estimating the percent of total twigs that have been damaged. This percent will be applied to the appropriate tree or shrub value to arrive at the dollar amount of damage.c. Barking and browse damage to the same tree or shrub will be determined by first estimating bark damage then estimating browse damage to only the unbarked percent of each tree or shrub.d. Antler rubbing damage, which characteristically occurs to younger trees, will be determined by estimating the percent of permanent damage to each tree including bark removal and stem breakage, and applying this percent to the appropriate tree value.4. A statement as to the overall health and vigor of each damaged tree in relation to the undamaged trees. The overall condition of each damage tree shall be considered in relation to trees which have been maintained in a reasonably good condition. Sales receipts will be reviewed to assist in determining the value of the trees. Field inspection and production records where applicable shall be used as a basis for this statement.5. The dollar value loss for the entire claim shall be a summation of dollar value losses derived from the total of individual tree or shrub damage values. If the damaged stock happens to be fruit trees the values listed for them in Article V may be used. Leaf browsing during the growing season is usually not damaging since it is not permanent. Removal of fruit and berry buds can be damaging to future production.40 CR 23, December 10, 2017, effective 1/1/201842 CR 23, December 10, 2019, effective 1/1/202046 CR 11, June 10, 2023, effective 7/1/2023