3 WRFR IRSC Appendix B.pdf

White River Fire Recovery IRSC Mt. Hood National Forest

Page 1 of 27 Barlow Ranger District

APPENDIX B - TREE MEASUREMENT

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

BT1.0 CONTRACT AREA

BT1.1 Contract Area Map

BT1.2 Claims

BT2.0 TIMBER SPECIFICATIONS

BT2.1 Included Timber

BT2.11 Standard Timber

BT2.12 Substandard Timber

BT2.13 Damaged Timber

BT2.131 Damaged by Contractor

BT2.13.2Negligent or Willful Damage

BT2.134 Minor Damage by Natural Causes

BT2.14 Unintentionally Cut Timber

BT2.15 Construction Timber

BT2.16 Other Material

BT2.2 Utilization and Removal of Included Timber

BT2.3 Timber Designations

BT2.31 Clearcutting Units

BT2 32 Construction Clearing

BT2.3.21 Road Clearings

BT2.322 Other Authorized Clearings

BT2.33 Overstory Removal Units

BT2.34 Understory Removal Units

BT2.35 Individual Trees

BT2.37 Designation Changes

BT2.4 Quantity Estimate

BT3.0 RATES OF PAYMENT

BT3.1 Current Contract Rates

BT3.4 Other Payment Rates

BT3.41 Material and Quantities Not in Division AT

BT3.42 Timber Cut Through Mistake

BT3.43 Undesignated Timber Damaged Without

Negligence

BT3.44 Undesignated Timber Unnecessarily

Damaged or Negligently or Willfully Cut

BT3.45 Liquidated Damages

BT4.0 PAYMENTS

BT4.1 Amount Payable for Timber

BT4.2 Integrated Resource Account

BT4.215 Deposits When Payment Guaranteed

BT6.0 OPERATIONS

BT6.3 Control of Operations

BT6.33 Safety

BT6.4 Conduct of Logging

BT6.41 Felling and Bucking

BT6.411 Felling in Clearings

BT6.412 Stump Heights

BT6.414 Limbing

BT6.42 Skidding and Yarding

BT6.421 Rigging

BT6.422 Landings and Skid Trails

BT6.423 Skidding on Roads

BT6.424 Arches and Dozer Blades

BT6.63 Temporary Roads

BT6.64 Landings

BT6.65 Skid Trails and Fire Lines

BT6.66 Current Operating Areas

BT6.67 Erosion Control Structure Maintenance

BT6.7 Slash Disposal

BT6.8 Measuring

**BT6.842 Product Identification

BT8.0 OTHER CONDITIONS

BT8.1 Title and Liability

BT8.11 Title Passage

BT8.12 Liability for Loss

BT8.5 Sale of Other Materials

CT SPECIAL PROVISIONS

CT2.11# Timber Subject to Agreement (9/04)

CT2.35# Individual Tree Designation (Option 1) (6/08)

CT5.1# Temporary Road and Landing Construction

(Option 1) (6/10)

CT5.12# Use of Roads by Contractor (9/04)

CT5.31# Road Maintenance Requirements (9/04)

CT6.315# Contract Operation Schedule (5/05)

CT6.41# Specific Requirements (5/05)

CT6.42# Yarding/Skidding Requirements (5/05)

CT6.6# Erosion Control and Soil Treatment by

Contractor (3/17)

CT6.7 Slash Disposal (3/17)

CT6.74# (Option 1) Slash Treatment Requirements

(6/08)

CT6.8 Measuring (8/00)

CT6.81 (Option 1) Use of Paint by Contractor (6/06)

CT6.84 Accountability (6/06)

CT7.1 Plans (5/05)

CT7.11 Additional Area of Fire Responsibility (5/05)

CT7.2 Specific Fire Precautions (5/05)

CT7.201 Burning by Contractor (6/06)

CT7.22 Emergency Fire Precautions (6/18)

CT8.10 Disclaimer of Expressed or Implied Warranty

(5/05)

CT8.66# Use of Timber (Option 1) (9/04)

Page 2 of 27 Barlow Ranger District

Division AT

Location and Area:

This Contract Area of 11,325 acres is more or less located in:

Sections 13, 24, T. 4 S., R. 9 E.; Sections 19, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, T. 4S., R. 10 E.; Sections PB 45, PB 46, 29, 31, 32, T. 4 S., R. 11 E.; Sections 01, 02, 03, 04, 10, 11, 12, T. 5 S., R. 10 E.; Sections 05, 06, 07, 08, 17, 18, 19, 20, T. 5 S., R. 11 E.;

W.M., Surveyed, Wasco County, Oregon

Volume Estimate and Utilization Standards

Species Group Product

Estimated

Quantity *

Unit of

Measure

Minimum Specifications

Merchantable Tree Piece Required to be Removed

Diameter

Breast

High

(d.b.h.)

(inches)

Number of

Minimum

Pieces per Tree

Length

(feet)

Diameter

Inside

Bark at

Small End

Net

Scale in

Gross

Scale

1/

All Coniferous Species Grn Bio Cv 9,818.00 CCF 10.0 1 8 8.0 N/A

Timber Subject to Agreement

All Coniferous Species

Grn Bio Cv unestimated

CCF

5.0

4.0

N/A

Total Quantity 9,818.00

1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate.

Timber Designations, acres are approximate:

Number Acres

Clearcutting Units (BT2.31)

Overstory Removal Units (BT2.33)

Understory Removal Units (BT2.34)

Individual Trees (BT2.35) 391

Designation by Description or Prescription (CT2.351-CT2.355)

High Stumps

Species Product

Maximum Stump Height

All All 12

Page 3 of 27 Barlow Ranger District

Roads

Name and Date of Governing Road Specifications: FP-14 Federal Highway Administration Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, as amended and supplemented (English)

Project Design

Class

Approx.

Length

(mi./km.)

Sheet Numbers and

Approval Date

Performance Responsibility

Survey Design

Const.

Staking1/ Road No. Name

4800 270 N/A S-15 0.82 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC

4800 271 N/A S-15 0.48 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC

4850 120 N/A S-15 3.81 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC

4885 000 N/A S-20 0.30 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC

4885 140 N/A S-15 1.61 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC

4885 150 N/A S-15 0.68 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC

4885 160 N/A S-15 0.88 Pg 1-7, 08/03/2022 FS-BC FS-BC FS-BC 1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC).

Specification sheets with itemized construction codes also attached

Schedule of Payment Units

Payment Unit

Number Approx. Acres

To be Paid for at Flat Rates Total

Flat Rate Payment

Total Required

Deposits For Slash

Disposal $

Species Products Quantity Unit of

Measure

1 101 All Coniferous

Species Grn Bio Cv 1,291.00 CCF 0.00

2 218 All Coniferous

Species

7,102.00

CCF 0.00

3 72

1,425.00 CCF 0.00

Page 4 of 27 Barlow Ranger District

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CLAUSES FOR TREE MEASUREMENT TIMBER REMOVAL CONTRACTS

(Applicable to Contracts to be Measured Before Felling)

This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part BTl.0, Section BTl.1, Subsection BTl.11, and Item BTl.111. References to a Part include all Sections, Subsections, and Items within that Part; references to a Section include all Subsections and Items within that Section; and references to a Subsection include all Items within that Subsection. Cross references within this contract cite the reference number of the applicable Division, Part, Section, Subsection, and Item. Descriptive headings used are not to be considered in determining the rights and obligations of the parties hereunder. The Standard Clauses in this Division are subject to Specific Conditions of the contract stated in Division AT. Wherever appropriate, Specific Conditions established in Division AT are herein cited by reference number. References to Standard Clauses also apply to Special CT Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the White River Fire Recovery IRSC Stewardship Contract except where otherwise specifically referenced. “Timber” when used in this appendix includes timber and other products.

BT1.0—CONTRACT AREA

BT1.1 Contract Area Map. The boundaries of “Contract Area” and any Payment Unit thereof, are as shown on the attached “Contract Area Map” that is made a part hereof, and were, before contract solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of Contract Area and its approximate acreage are stated in Division AT. Payment Units may be revised and additional ones may be established only by written agreement. Upon Contractor’s request, Forest Service shall subdivide Payment Units to reduce them to a size that can be logged within 60 days at Contractor’s normal rate of logging.

Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor’s rights under BT1.2.

(b) Payment Units where timber is to be Measured or Marked after date of contract solicitation and approximate location of sample Marked timber under BT2.36 and BT2.4.

(c) Boundaries of Clearcutting Units, Overstory Removal Units, and Understory Removal Units under BT2.3.

(d) Diameter limits for Overstory Removal Units and Understory Removal Units under BT2.33 and BT2.34.

(e) Areas where leave trees are Marked to be left un-cut under BT2.35.

(f) Specified Roads

(g) Sources of base course, surface rock, and rock riprap listed in the Schedule of Items.

(h) Roads where log hauling or use is prohibited or restricted.

(i) Roads and trails to be kept open.

(j) Improvements to be protected.

(k) Locations of known wildlife or plant habitat and cave resources to be protected.

(l) Locations of areas known to be infested with specific invasive species of concern.

(m) Maximum stump heights when more than one height is listed by areas in Division AT under BT6.412.

(n) Skidding or yarding methods specified under BT6.42.

(o) Streamcourses to be protected.

(p) Locations of meadows requiring protection.

(q) Locations of wetlands requiring protection.

(r) Locations of temporary roads to be kept open; and

(s) Other features required by Division BT or CT.

BT1.2 Claims. Valid claims are excluded from Contract Area, except those on which timber cutting is authorized in writing by the claimant and except mining claims on which cutting is authorized by the Act of July 23, 1955 (30 USC 614). Claims that limit Contractor’s rights to operate under this contract and that Forest Service has been able to identify are shown on Contract Area Map. Contractor is not obligated to operate contrary to existing claim limitations. Forest Service shall designate boundaries of claims on the ground to the extent necessary to identify Included Timber.

BT2.0—TIMBER SPECIFICATIONS

BT2.1 Included Timber. “Included Timber” consists of:

Page 5 of 27 Barlow Ranger District

BT2.11 Standard Timber. Live and dead trees and portions thereof that meet Utilization Standards under BT2.2 and are designated for cutting under BT2.3.

BT2.12 Substandard Timber. Live and dead trees that:

(a) Do not meet Utilization Standards and

(b) Are located in Clearcutting Units or construction clearings or are otherwise designated for cutting.

BT2.13 Damaged Timber.

BT2.131 Damaged by Contractor. Undesignated live trees meeting Utilization Standards:

(a) Within 200 feet slope distance from centerline of roads constructed hereunder that are damaged by Contractor’s construction to the extent that considerable deterioration or mortality is imminent and are designated by Forest Service for felling before the nearest road segment is Substantially Completed or

(b) That are damaged by Contractor in logging or stewardship project operations and are subsequently Marked before Contractor has completed work in the immediate area.

By agreement, such trees may be left without charge if their removal would cause undue damage or be grossly uneconomic.

BT2.132 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Contracting Officer.

BT2.134 Minor Damage by Natural Causes. Undesignated trees within Contract Area and meeting Utilization Standards, in amounts that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.

BT2.14 Unintentionally Cut Timber. Trees within or immediately adjacent to Contract Area or to road construction or other authorized clearing outside Contract Area, not designated for cutting under BT2.3 but that are cut through mistake by Contractor, when included by Contracting Officer.

BT2.15 Construction Timber. Trees to be used for construction under this contract.

BT2.16 Other Material. Species or products not listed in the contract, upon written approval of Forest Service.

BT2.2 Utilization and Removal of Included Timber. “Utilization Standards” for trees and minimum pieces are stated in Division AT. To meet minimum tree specifications, trees must equal or exceed tree diameters listed in Division A and contain at least one minimum piece. Except for timber required or authorized to be left, Contractor shall fell and buck such trees and shall remove from Contract Area all pieces that:

(a) Meet minimum piece standards in Division AT or

(b) Do not meet such standards but would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

BT2.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as otherwise provided in BT2.131, BT2.14, BT2.15, and BT2.32. Contract Area Map indicates Payment Units, if any, where Marking under BT2.35 is to be done after contract advertisement, except for construction clearing under BT2.23, designation changes under BT2.37, and damaged timber. The boundaries of Clearcutting Units, Overstory Removal Units, and Understory Removal Units were plainly Marked on ground before contract advertisement and are shown on Contract Area Map. Boundary trees shall not be cut. Such units where Measuring is to be completed after date of contract advertisement are also shown. The number of units and approximate acreage of timber designations are stated in Division AT.

BT2.31 Clearcutting Units. All trees that meet Utilization Standards within “Clearcutting Units” are designated for cutting.

BT2.32 Construction Clearing. All timber is designated for cutting that is within the clearing limits of roads constructed hereunder or is in other authorized clearings. All dead or unstable live trees are designated for cutting that are sufficiently tall to reach Contractor’s landings, work areas, or the roadbed of Specified and Temporary Roads when Marked in

Page 6 of 27 Barlow Ranger District advance of work in the immediate area. Pieces meeting Utilization Standards from such dead or unstable live trees shall be removed unless there is agreement that to do so could damage the road.

BT2.321 Specified Road Clearings. Timber within the clearing limits of Specified Roads is within separate Payment Units, as shown on Contract Area Map, and the quantities are in Division AT. These Payment Units are subject to revision, as specified in BT2.37. The quantities of dead or unstable trees designated outside the clearing limits are not included in Division AT.

BT2.322 Other Authorized Clearings. Timber within authorized clearings for Temporary Roads, landings, or other construction clearings is designated for cutting. Quantities of such timber are not included in Division AT.

BT2.33 Overstory Removal Units. All trees within “Overstory Removal Units” are designated for cutting when they meet Utilization Standards and equal or exceed the diameter limits shown on Contract Area Map.

BT2.34 Understory Removal Units. All trees within “Understory Removal Units” are designated for cutting when they meet Utilization Standards and are smaller than the diameter limits shown on Contract Area Map.

BT2.35 Individual Trees. All trees to be cut, other than in the units described in BT2.31, BT2.32, BT2.33, and BT2.34, are Marked or designated by description. Trees are “Marked” when individually designated by Forest Service with paint marks above and below stump height. Contract Area Map indicates areas plainly identified on the ground where leave trees are Marked to be left uncut.

BT2.37 Designation Changes. Within Contract Area, minor adjustments may be made in boundaries of cutting units or in the timber individually Marked for cutting when acceptable to Contractor and Forest Service.

BT2.4 Quantity Estimate. The estimated quantities of timber by species designated for cutting under BT2.3 and expected to be cut under Utilization Standards are listed in Division AT. Estimated quantity in Division AT does not include the following:

(a) Damaged timber under BT2.13.

(b) Unintentionally cut timber under BT2.14.

(c) Construction timber under BT2.15 cut outside of Payment Units and removed from construction use for utilization by Contractor.

(d) Timber within clearing limits of Temporary Roads or other authorized clearings and that is not designated under BT2.31, BT2.33, BT2.34, or BT2.35; or

(e) Dead or unstable live trees that are sufficiently tall to reach Contractor’s landings, work areas, or the roadbed of Specified Roads under BT2.32.

Estimated quantities for such timber not included in Division AT shall be determined as stated herein. If Contract Area Map shows Payment Units where Marking or Measuring is to be completed after date of con-tract advertisement, the objective of Forest Service shall be to designate for cutting in such Payment Units sufficient timber so that Contract Area shall yield the approximate estimated quantities by species or species groups stated in Division AT. However, the estimated quantities stated in Division AT are not to be construed as guarantees or limitations of the timber quantities to be designated for cutting under the terms of this contract.

BT3.0—RATES OF PAYMENT

BT3.1 Current Contract Rates. Included Timber that is Released for Cutting shall be paid for at Current Contract Rates determined under this Section. “Current Contract Rates” shall be Flat Rates. Flat Rates shall be those listed in Division AT or B2 of the Schedule of Items. In the event contract time is adjusted, Current Contract Rates shall be continued in the same manner as immediately prior to the adjustment period.

BT3.4 Other Payment Rates.

BT3.41 Material and Quantities Not in Division AT. Incidental amounts of products or portions of trees of species that do not meet Utilization Standards may be removed without charge. Such material may be purposely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed may be cut and removed upon

Page 7 of 27 Barlow Ranger District written approval of Contracting Officer and subject to agreement on rates of payment. Timber for which the quantity is not included in the estimate, shall be paid for at Current Contract Rates and Required Deposits.

BT3.42 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Contractor through mistake and included by Contracting Officer under BT2.14, shall be removed and paid for at Current Contract Rates and Required Deposits, unless such material is not listed in Division AT. In such event, Contracting Officer, in accord with standard Forest Service methods, shall establish rates to be paid.

BT3.44 Undesignated Timber Damaged Without Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Contractor and designated by Forest Service under BT2.131, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits.

BT3.45 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Forest Service under BT2.132, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated damages under BT3.46. If such timber is of a species or size not listed in Division AT or is of a quality different from designated timber, Contracting Officer shall establish payment rates in accord with standard Forest Service methods.

BT3.46 Liquidated Damages. Unnecessary damage to or negligent or willful cutting of undesignated timber, as described in BT3.45, on portions of Contract Area cut over under this contract is likely to cause substantial silvicultural or other damage to the National Forest. It will be difficult, if not impossible, to determine the amount of such damage.

Therefore, Contractor shall pay as fixed, agreed, and liquidated damages an amount equivalent to the amount payable at Current Contract Rates. If designated by Contracting Officer, Contractor shall remove such dam-aged or cut timber and pay for it at Current Contract Rates.

BT4.0—PAYMENTS

BT4.1 Amount Payable for Timber. Except as provided in BT3.1, Current Contract Rates and Required Deposits in effect when a Payment Unit is Released for Cutting shall be applied to the timber quantities to determine the amount Contractor shall pay. A “Payment Unit” is a portion of Contract Area established for payment purposes.

BT4.2 Integrated Resource Account. “Integrated Resource Account” is an account maintained by Forest Service of all Contractor’s deposits, credits, payment guarantees, and the charges for:

(a) Timber at Current Contract Rates.

(b) Slash disposal and road maintenance at Required Deposit rates.

(c) Stewardship Credits established; and

(e) Other charges provided in this contract.

Cash deposits and Stewardship Credits earned shall be recorded currently in such account. Charges for Payment Units Released for Cutting shall be made when Forest Service prepares and furnishes to Contractor periodic statements of quantity and value of such timber. Charges shall be made according to BT3.4 when trees are subsequently Marked or designated for cutting.

BT4.215 Deposits When Payment Guaranteed. To the extent payment guarantee is provided under Clause entitled, “PRODUCT PAYMENT GUARANTEE” requirements for advance cash deposits shall be waived for the value of Product on contract area that is cut, but not removed, and for the value of Products removed from contract area, up to limit of remaining stewardship credits to be earned and exchanged for value of included product except for Required Deposits and Associated Charges. Associated charges shall be waived for not more than one monthly billing period.

BT6.0—OPERATIONS

BT6.3 Control of Operations. Under this contract, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

Page 8 of 27 Barlow Ranger District

Contractor’s Operations shall be conducted in a workmanlike and orderly manner. The timing of required Forest Service designation of work on the ground and the performance of other Forest Service work shall not be such as to cause unnecessary delay to Contractor.

“Release for Cutting” is written authorization to Contractor to begin cutting in a Payment Unit. Upon Contractor’s request for release of a Payment Unit, Forest Service shall either:

(a) Give tentative approval and bill Contractor as necessary or

(b) Reject the request, stating reasons for rejection.

When payment or payment guarantee has been confirmed, Forest Service shall issue Release for Cutting within 10 days.

Contractor shall not cut timber in any Payment Unit until it is Released for Cutting.

BT6.33 Safety. Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees.

In the event that Contracting Officer identifies a conflict between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an adjustment in Current Contract Rates to compensate for the changed conditions.

Unless otherwise agreed in writing, when Contractor’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s Operations. Contractor and Forest Ser-vice shall agree to a specific Traffic Control Plan for each individual project prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Contract Area Map, Traffic Control Plan, or in specifications attached hereto.

BT6.4 Conduct of Logging. Unless otherwise specifically provided herein, Contractor shall fell trees designated for cutting and shall remove the portions that meet Utilization Standards, as provided in BT2.2, prior to acceptance of Payment Unit for completion of logging. Forest Service may make exceptions for occasional trees inadvertently not cut or trees or pieces not removed for good reason, including possible damage to forest resources or gross economic impracticability at the time of removal of other timber. Logging shall be conducted in accordance with the following, unless other clauses set forth requirements to meet special or unusual logging conditions:

BT6.41 Felling and Bucking. Felling shall be done to minimize breakage of Included Timber and damage to residual timber. Unless agreed otherwise, felling shall be done by saws or shears. Bucking shall be done to permit removal of all minimum pieces set forth in Division AT. Contractor may buck out cull material when necessary to produce pieces meeting Utilization Standards. Such bucked out material shall contain a minimum amount of sound wood, not in excess of the net Measure in percentage of gross Measure, or based on the merchantability factor, whichever is stated in Division AT. If necessary to assess extent of defect, Contractor shall make sample saw cuts or wedges.

BT6.411 Felling in Clearings. Insofar as ground conditions, tree lean, and shape of clearings permit, trees shall be felled so that their tops do not extend outside Clearcutting Units, construction clearings, and areas of regeneration cutting.

BT6.412 Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth in Division AT except that occasional stumps of greater heights are acceptable when Contractor determines that they are necessary for safe and efficient conduct of logging. Unless otherwise agreed, Contractor shall re-cut high stumps so they will not exceed heights specified in Division AT and shall dispose of severed portions in the same manner as other logging debris. The stump heights shown in Division AT were selected with the objective of maximum reasonable utilization of the timber, unless Contract Area Map shows special areas where stump heights are lower for aesthetic, land treatment, or silvicultural reasons.

BT6.414 Limbing. When Forest Service determines it is necessary to minimize damage to the residual stand during skidding, Contractor shall cut exposed limbs from products prior to skidding. Contractor may leave un-cut those limbs that cannot be cut with reasonable safety.

Page 9 of 27 Barlow Ranger District

BT6.42 Skidding and Yarding. Methods of skidding or yarding specified for particular areas, if any, are indicated on Contract Area Map. Outside Clearcutting Units and construction clearings, insofar as ground conditions permit, products shall not be skidded against reserve trees or groups of reproduction and tractors shall be equipped with a winch to facilitate skidding.

BT6.421 Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees designated for cutting.

BT6.422 Landings and Skid Trails. Location of all landings, tractor roads, and skid trails shall be agreed upon prior to their construction. The cleared or excavated size of landings shall not exceed that needed for efficient skidding and loading operations.

BT6.433 Skidding on Roads. Products may be skidded on permanent roads authorized for hauling only by prior written agreement.

BT6.424 Arches and Dozer Blades. Skidding tractors equipped with pull-type arches or dozer blades wider than tractor width or C-frame width, whichever is greater, shall not be used in residual timber outside Clearcutting Units and other authorized clearings, except on constructed tractor roads or landings, unless there is written agreement that residual timber will not be damaged materially by such use.

BT6.63 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as out-sloping, drainage dips, and water-spreading ditches. After a Temporary Road has served Contractor’s purpose, Contractor shall give notice to Forest Service and shall remove bridges and culverts, eliminate ditches, out-slope roadbed, remove ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing terrain conditions, and build cross ditches and water bars, as staked or otherwise marked on the ground by Forest Service. When bridges and culverts are removed, associated fills shall also be removed to the extent necessary to permit normal maximum flow of water.

BT6.64 Landings. After landings have served Contractor’s purpose, Contractor shall ditch and slope them to permit water to drain or spread. Unless agreed otherwise, cut and fill banks around landings shall be sloped to remove overhangs and otherwise minimize erosion.

BT6.65 Skid Trails and Fire Lines. Contractor shall construct cross ditches and water-spreading ditches on tractor roads and skid trails, where staked or otherwise marked on the ground by Forest Service. Forest Service shall designate cross ditching on Contractor-built fire lines prior to or during construction. By agreement, Contractor may use other comparable erosion control measures, such as backblading skid trails, in lieu of cross ditching.

BT6.66 Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed otherwise, Contractor shall, before operations cease annually, remove all temporary log culverts and construct temporary cross drains, drainage ditches, dips, berms, culverts, or other facilities needed to control erosion.

Such protection shall be provided, prior to end of October 31, for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather permits operations during November 1 – May 31, Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

BT6.67 Erosion Control Structure Maintenance. During the period of this contract, Contractor shall provide maintenance of soil erosion control structures con-structed by Contractor until they become stabilized, but not for more than 1 year after their construction. Contractor shall not be responsible for repair of such structures damaged by other National Forest users whose activities are not a part of Contractor’s Operations.

BT6.7 Slash Disposal. Contractor’s timing of product removal and preparatory work shall not unnecessarily delay slash disposal. Specific slash disposal measures to be employed by Contractor are stated elsewhere herein and are in addition to Required Deposits for slash disposal.

Page 10 of 27 Barlow Ranger District

BT6.8 Measuring. “Measuring” is the estimation of timber quantities using certain dimensions and applicable volume tables or formulae to determine the contents of trees or stands in a standard manner. Sampling may be on an individual tree or area basis. Examples of standard procedures are tree measurement, sample tree measurement, and area estimate. The quantity of timber designated or to be designated for cutting has been or shall be Measured, as specified in this contract

BT6.842 Product Identification. For contracts west of the 100th meridian, before removal from Contract Area, unless Contracting Officer determines that circumstances warrant a written waiver or adjustment, Contractor shall:

(a) Hammer brand all products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter.

(b) West of the 100th meridian, paint with a spot of highway-yellow paint all domestic processing products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter. Each paint spot must be not less than three (3) square inches in size.

Contracting Officer shall assign brands and, if Contract Area is within a State that maintains a log brand register, brands shall be registered with the State. Contractor shall use assigned brand exclusively on logs from this contract until Contracting Officer releases brand. Contractor will furnish and apply highway-yellow paint of a lasting quality (oil-base or equivalent).

All hammer brands and/or highway-yellow paint must remain on logs until they are domestically processed. Contractor shall replace identifying marks if they are lost, re-moved, or become unreadable. Contractor may remanufacture products into different log lengths. Except for logs remanufactured as part of the mill in-feed process immediately before processing, remanufactured products must be rebranded with the assigned contract brand and repainted with highway-yellow paint, unless otherwise agreed to in writing by Contracting Officer. For such remanufactured products, Contracting Officer may approve use of a brand to be used exclusively as a catch brand, in lieu of the assigned contract brand.

BT8.0—OTHER CONDITIONS

BT8.1 Title and Liability.

BT8.11 Title Passage. All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been Measured, removed from Contract Area or other authorized cutting area, and paid for, at which time title shall vest in Contractor. Timber cut under the terms of clause Product Payment Guarantee, shall be considered to have been paid for.

Title to any Included Timber that has been Measured and paid for, but not removed from Contract Area or other authorized cutting area by Contractor on or prior to contract termination, shall remain in Forest Service.

BT8.12 Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Contractor, unless Contractor is prevented from removing such timber for reasons by the Forest Service. Deterioration or loss of value of salvage timber is not an unexpected event.

In the event Included Timber to which Forest Service holds title is destroyed, Contractor will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates.

There shall be no obligation for Forest Service to supply, or for Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

BT8.5 Sale of Other Materials. Forest Service reserves the right to sell from Contract Area during the period of this contract any materials or products not subject to its terms, but shall not permit removal, possession, or use thereof that will materially interfere with Contractor’s Operations. Contractor shall not be obligated to do any work made necessary by the action of others.

Page 11 of 27 Barlow Ranger District

CT2.11# – TIMBER SUBJECT TO AGREEMENT. (9/04) In addition, there is within Contract Area an unestimated quantity of:

Species Product that shall be Included Timber upon written agreement.

CT2.35# - INDIVIDUAL TREE DESIGNATION (OPTION 1). (6/08) All trees as specified by the Individual Tree Designation table which meet the minimum tree diameter stated in Division AT are designated for cutting. Additional timber to be cut, if any, will be designated for cutting in accordance with BT2.37.

Leave trees, Marked with orange, or identified by N/A, are not to be cut, unless designated by the Forest Service.

DESCRIPTION PURSUANT TO CT2.35# (OPTION 1) – INDIVIDUAL TREE DESIGNATION (06/08)

PURCHASE

UNIT DESIGNATION CUT TREE SPECIES

1 All trees Marked with blue tracer paint

2 All trees not Marked with orange tracer paint

3 All trees Marked with blue tracer paint

CT5.1# - TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1). (6/10) In addition to the requirements of BT5.1 and BT6.63, Contractor and Forest Service will agree to the design, construction, maintenance, closure, and obliteration of all Temporary Roads.

Construction of Temporary Roads in areas shown on Contract Area Map shall be in accordance with the attached plans or criteria.

Unless otherwise agreed, if Contractor 's Operations require more than N/A cubic yards of rock for Temporary Roads, landings, or other temporary uses, such rock shall be obtained from commercial sources.

PLANS AND/OR CRITERIA PURSUANT TO CT5.1# - TEMPORARY ROAD AND LANDING CONSTRUCTION

(OPTION 1)(6/10)

Construction:

1. When appropriate, re-establish existing road alignments unless a new location will cause less resource damage.

2. Temporary roads and landings that obstruct ditch lines or drainage ways shall be improved with french drains, drivable dips or materials that provide effective drainage and prevent erosion, prior to haul. Proper drainage will be maintained on all temporary roads throughout the operating season.

3. Any instream culverts installed on temporary roads will be installed and removed between July 15 and August 15 unless otherwise approved.

4. New temporary roads and landings should be located outside of Riparian Reserves. Use of existing facilities within riparian reserves may be allowed if erosion potential and sedimentation concerns are sufficiently mitigated.

5. Certified weed-free rock shall be used when necessary to reduce erosion, puddling and compaction on landings and Temporary Roads.

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6. If possible, vegetation will be left in place and driven over. All stumps, rocks, slash, and debris will be left along edge of road and/or landing in such a manner as to be fully retrievable during rehabilitation (generally on the uphill side of road).

7. Roadbed will not exceed 12 feet and clearing limits 16 feet in width unless approved by the Forest Service.

8. Temporary road or new landing construction shall not occur within 100 feet of streams, seeps, springs, or wetlands.

9. No more than 0.5 miles of temporary road shall be allowed within the entire Contract Area.

Rehabilitation:

1. Temporary roads and landings will be scarified.

2. If rock was used the rock would be removed or incorporated into the soil by decompacting to a depth of 12 inches or scarifying the roadbed.

3. Remove culverts and cross-drain ditches and install water bars where designated by the Forest Service.

4. Available logging slash, logs, or root wads will be placed across the road or landing surface.

5. Effectively block motorized access through the use of an earthen berm, placement of large boulders, or other techniques as approved by the Forest Service.

6. Following rehabilitation all areas of exposed soil will be seeded and mulched as required by provision CT6.6#.

CT5.12# - USE OF ROADS BY CONTRACTOR (9/04)

Contractor’s use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed Otherwise:

Code Use Limitations

X Hauling prohibited R Hauling restricted U Unsuitable for hauling prior to completion of agreed reconstruction P Use prohibited A Public use restriction W Regulation waiver

Roads coded A will be signed by the Forest Service to inform the public of use restrictions. Contractor's use of roads coded R, A, or W shall be in accordance with the following restrictions:

TABLE PURSUANT TO CT5.12# - USE OF ROADS BY CONTRACTOR (9/04)

Restricted Road List

Road Number Road Name

Termini Map Legend

Description of Restrictions From To

2110 000

(PAVED)

MCCUBBINS

GULCH

0.00 2.28 R 1/ 2/ 3/

2110 000

(GRAVEL)

MCCUBBINS

GULCH

2.28 2.98 R 1/ 2/ 3/

2110 270 0.00 2.66 R 1/ 2/ 3/

2110 272 0.00 0.63 R 1/ 2/ 3/

2110 273 0.00 0.25 R 1/ 2/ 3/

3530 000 BARLOW ROAD 0.00 22.00 P Use Prohibited

4800 000 WAMIC ROAD 0.00 19.25 R 1/ 2/ 3/

4800 270 0.00 0.82 R 1/ 2/ 3/

4800 270 0.82 1.06 P Use Prohibited

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4800 271 0.00 0.48 R 1/ 2/ 3/

4850 000 0.00 8.08 R 1/ 2/ 3/

4850 018 0.00 0.28 R 1/ 2/ 3/

4850 120 0.00 3.81 R 1/ 2/ 3/

4850 123 0.00 0.60 P Use Prohibited

4850 140 0.00 0.48 R 1/ 2/ 3/

4850 160 0.00 0.41 R 1/ 2/ 3/

4885 000 0.00 2.66 R 1/ 2/ 3/

4885 140 0.00 1.61 R 1/ 2/ 3/

4885 141 0.00 0.17 R 1/ 2/ 3/

4885 150 0.00 0.68 R 1/ 2/ 3/

4885 160 0.00 0.88 R 1/ 2/ 3/

1/ Protection of Roads - Heavy Haul Restricted. Road has limited structural capacity and may not support commercial traffic during adverse weather conditions. Haul shall cease when indicators of road damage are observed.

2/ Protection of Roads – Winter Haul Restricted. To protect the integrity of roads, haul will not occur when the roadbed is under freeze-thaw conditions. To determine if freeze-thaw conditions exist measurements of the road surface temperature will be taken at the highest and lowest elevations along the haul route on National Forest System Roads to ensure that haul roads are either completely frozen or completely thawed to accommodate haul. Temperature readings at these locations should both be at or below 28° F, or both be at or above 38° F. Roads that have been under standing snow for at least 3 days with no evidence of snow melt may be assumed to be completely frozen. The Contracting Officer may allow haul to proceed if temperature readings are within this range but determines that the haul roads are completely frozen or completely thawed.

3/ Protection of Roads – Wet Weather Haul Restricted. Commercial haul shall cease whenever 1-inch of precipitation (rain or combination of rain and melted equivalent of snow) occurs within any given 24-hour period as measured at the lowest elevation along the haul route. To measure precipitation, the Contractor may install a temporary rain gauge on National Forest System Roads near the lowest elevation along the haul route as agreed upon by the Contracting Officer;

otherwise precipitation will be measured according to the Wamic Mill RAWS site.

The load, weight, height, length, or width limitations of vehicles on National Forest roads shall be in accordance with all State, County, and Local laws & ordinances unless otherwise approved in writing by special-use authorization.

Title and Date of Governing Road Rules Document:

Mt. Hood National Forest Transportation

System Management Road Rules

January 1992 and Amendments through Timber Sale Award Date

Commercial Road Rules Effective Date

C5.31# – ROAD MAINTENANCE REQUIREMENTS. (9/04) Contractor shall maintain roads in accordance with the following Contract Road Maintenance Requirements Summary:

*See Appendix C for Road Maintenance Requirements*

CT6.315# - CONTRACT OPERATION SCHEDULE. (5/05) Unless otherwise agreed to between Contractor and Forest Service, Contractor's Operations shall be performed in accordance with the following schedule.

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SCHEDULE PURSUANT TO CT6.315# - CONTRACT OPERATION SCHEDULE (5/05)

Cutting Unit Operating Condition Purpose

All

All ground based equipment and operations will be restricted to June 1 - October 31 and may be allowed outside this time when soil is dry and approved by COR.

Soil Protection

All

Ground-based operations shall be suspended during wet periods when soil moisture is high, and off-trail heavy equipment tracks sink deeper than 6 inches below the soil surface with one or two passes (or if tracks in primary skid trails sink deeper than 12 inches.

a. Rainfall guidelines for when to temporarily defer or cease ground-based operations:

i. If it rains at least 0.3 inches per 4-hour period.

ii. When precipitation for the prior 24- hour period (1:00 A.M. – 12:00 A.M.) as recorded at the Wamic Mill RAWS site is 0.75 inches or greater.

Soil Protection

All Roads

Soil disturbing road maintenance or road reconstruction will be restricted to June 1 -

October 31 and may be allowed outside this time when soil is dry and approved by COR.

Stream Protection

1 - 65 3 - 11 100

All operations or activities will only be allowed between April 2 and November 30. Contractors may request a waiver to be approved by District

Wildlife Biologist and CO.

Deer and Elk Winter Range

1 - 67 3 - 13 102 1 - 69 3 - 15 104 1 - 71 3 - 17 106 1 - 73 3 - 19 108 1 - 75 3 - 20 110 1 - 76 3 - 21 112 1 - 77 3 - 23 1 - 78 3 - 24 1 - 79 3 - 25 1 - 81 3 - 27 1 - 83 3 - 29 1 - 85 3 - 30 1 - 87 3 - 31 1 - 89 3 - 33 1 - 91 1 - 93 1 - 95

1 - 1 3 - 11

All operations and activities will only be allowed between July 16 and February 28.

Northern Spotted Owl Disturbance

1 - 3 3 - 13

1 - 5

1 - 7

1 – 9

1 - 49

1 - 51

1 - 57

1 - 59

Page 15 of 27 Barlow Ranger District

1 - 65

1 - 83

CT6.41# - SPECIFIC REQUIREMENTS. (5/05) Notwithstanding BT6.41, BT6.411, BT6.5 and BT6.61, felling objectives shall be accomplished by the type of felling methods and equipment listed herein. Methods or equipment other than those specified may be approved. For Subdivisions shown in the following table, Contractor shall submit a cutting plan for Forest Service acceptance, prior to the start of felling operations.

TABLE PURSUANT TO CT6.41# - SPECIFIC REQUIREMENTS (05/05)

FELLING METHODS CUTTING UNIT

1.

Trees located outside of cutting unit boundaries that need to be felled for safety or operational reasons shall be left where felled.

All

2. Directional felling methods are required. All trees shall be felled away from cutting unit boundaries, designated streamcourses, Lost Boulder and Clear Creek irrigation ditches, culverts, catch basins, ditch lines, and Marked leave trees. Any portions of trees that fall within restricted areas shall be left in-place.

3. Leave limbs attached. Leave tops attached to last log.

4.

Trees shall be felled towards roads, if needed, to facilitate with removal in shovel designated subdivisions.

1 – “SH”

FELLING EQUIPMENT CUTTING UNIT

1.

Mechanized equipment shall not operate on terrain that exceeds 40% slope.

All

2. Mechanized equipment shall not operate with 100 feet of streams, seeps, springs, or other wet areas while conducting logging operations.

3. Re-fuel equipment at-least 150 feet from water features.

4. Park mechanized equipment overnight or for longer periods of time at-least 150 feet from water features.

5. Steel tracked equipment shall not operate on asphalt or bituminous surfaced roads. If there is no suitable site for unloading and loading, then paved surfaces must be protected with matting materials approved by the Forest Service.

CT6.42# - YARDING/SKIDDING REQUIREMENTS. (5/05) Contractor shall submit for Forest Service approval a Yarding/Skidding Plan prior to the start of felling operations. Requirements other than those specified in the following table may be approved. When appropriate, such approval shall include adjustments in Current Contract Rates and revision of the Contract Area Map. In no such case shall the adjustments result in Current Contract Rates less than Base Rates.

Page 16 of 27 Barlow Ranger District

Location of all skid roads and trails, tractor roads, skyline corridors, mechanized harvester trails, forwarder roads, and other log skidding facilities, shall be approved prior to their use or construction.

TABLE PURSUANT TO CT6.42# - YARDING/SKIDDING REQUIREMENTS (06/2010)

YARDING/SKIDDING REQUIREMENTS CUTTING UNIT

Ground-based Yarding:

1. Skid trails shall be located, as much as possible, on old skid trails used in previous logging operations.

2. Skidding equipment shall not operate on terrain that exceeds 40% slope.

3. Skid trails shall not be more than 12 feet slope distance in width, nor spaced less than 150 feet apart.

4. Ground-based equipment shall not operate within 100 feet of streams, seeps, springs and other wet areas while conducting logging operations.

5. Skid trails may be located parallel to existing roads but outside of ditch lines and drainage ways. 1 – “T”

Shovel Yarding:

1 – “SH” 1. Trees shall be yarded with leading end suspended and with minimal slash contamination into the road surface aggregate.

Yard top attached to last log.

Re-fuel equipment at-least 150 feet from water features.

Park mechanized equipment overnight or for longer periods of time at-least 150 feet from water features.

Steel tracked equipment shall not operate on asphalt or bituminous surfaced roads. If there is no suitable site for unloading and loading, then paved surfaces must be protected with matting materials approved by the Forest Service.

Ground-based equipment shall minimize disturbance to large down woody material (greater than 20" DOB small-end) and keep the material in as large of pieces as possible during operations.

CT6.6# - EROSION CONTROL AND SOIL TREATMENT BY CONTRACTOR. (3/17) Erosion prevention and control work required by BT6.6, shall be completed within 15 calendar days after yarding/skidding operations related to each landing are substantially completed or after Forest Service designation on the ground of work where such designation is required hereunder. Said time limit shall be exclusive of full days lost in Contractor's Operations due to causes beyond Contractor's control. Such on the ground designation shall be done as promptly as feasible unless it is agreed that the location of such work can be established without marking on the ground. After September 15, and as long thereafter as operations continue, the work shall be done as promptly as practicable. Damage resulting from Contractor's Operations due to failure to perform required work shall be repaired by Contractor.

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