FinalR1GroundBasedWeedsSprayingS170010Attachments.pdf

AG-0343-S-17-0010

R1 Ground Based Weed Spraying

Attachments

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

J-1 Wage Determination No. 1776-1342, Rev. 52, Dated 12/29/2015; Page(s) 3 Forestry and Land Management Services

J-2 Sample Daily Herbicide Application Log; Page(s) 1 Specific Dailey Herbicide Application Log will be provided with the individual task order

J-3 Task Order Example; Page(s) 2

Each bid area might have a different format for the task orders, but all task orders will have the same information.

J-4 State of Montana Weed List; Page(s) 1

County Noxious Weeds List will be provided with the individual task order

J-5 Herbicide Spill Plan; Page(s) 10

J-6 Quality Assurance SurveillancePlan (QASP) Matrix; Page(s) 1

J-7 Food Storage Special Order LC_10_D1_01; Page(s) 7

J-8 Food/Wildlife Attractant Storage Special Order F10-076-L-11, Page(s) 7

J-9 Food/Wildlife Attractant Storage Special Order F11-005-Lolo-Forest, Page(s) 5

J-10 Occupancy and Use Order #01-14-11-00-02-Custer Gallatin National Forest,Page(s) 5

J-11 Special Order— Beaverhead-Deerlodge NF Food Storage and Sanitation Area of

Application, Page(s) 4

J-12 Region 1 Ground Based Application of Herbicide IDIQ Contract Area Map; Page(s) 1

Specific area maps will be provided with the individual task order.

WD 76-1342 (Rev.-52) was first posted on www.wdol.gov on 01/05/2016

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Daniel W. Simms Division of Wage | Wage Determination No: 1976-1342

Director Determinations | Revision No: 52

| Date Of Revision: 12/29/2015

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Montana

Area: Montana Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Forestry Industry

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 14.32

08040 - Choker Setter 17.40

08070 - Faller/Bucker 19.28

08100 - Fire Lookout 14.32

08130 - Forestry Equipment Operator 18.00

08160 - Forestry/Logging Heavy Equipment Operator 20.21

08190 - Forestry Technician 20.21

08200 - Forestry Truck Driver 20.21

08250 - General Forestry Laborer 13.44

08280 - Nursery Specialist 19.88

08310 - Slash Piler/Burner 14.32

08340 - Tree Climber 16.02

08370 - Tree Planter 13.91

08400 - Tree Planter, Mechanical 13.91

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther

King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the

Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that

Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2014, unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR

4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR

4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR

4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of

Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

DAILY HERBICIDE APPLICATION RECORD

Operator’s Name: ____________________________License #: _________________

LOCATION(s): Section/T/R (Road #, Creek, Ridge, Area, etc.)

Task Order Name:

DATE: NAME(s) of applicator(s):

COUNTY:

TIME:

START: STOP:

Weather (Wind Speed, Direction, Temperature, Delta T, RH):

EQUIPMENT USED:

Herbicide(s) : Rate Applied:

ADJUVANT: Rate Applied:

Volume Applied: Calibration (Gal/Acre):

Application Area= Acres Wetted Amount of Product Used:

TARGET ACRES (size of overall area): Target Weed(s):

Task Order Example

Smokey Bear National Forest

Task Order – Ground Based Noxious Weed Spraying IDIQ

Project Information (fill in all fields)

Contractor, Contract: Choose an item.

Forest/District: Choose an item.

Date of Task Order: 6/15/2020

Title for Task Order: Keep It Wild

Task Order Number: Click here to enter text.

Requisition Number: Click here to enter text.

Gvm’t Contact Name, Phone:

Smokey Bear- 1-800-999-0101

Line Item number as stated on contract:

Estimated $ Amount: 60

Number of Acres: 30

Work Start Date: 7/1/2020

Work Stop Date: 7/10/2020

Location of project narrative (attach 1:24,000 and vicinity maps to end of this task order):

Treatment times are to be coordinated with Forest Service contact to ensure appropriate treatment times within the authorized work period (5/01/15 – 10/10/15).

Treat noxious weeds according to the method and areas listed below and provide E-data of treatment. Herbicide rates are listed. Maps identifying road, unit locations and reference information about known weed infestation types are attached.

Unit 9 – North of the Jim Town Road UTV/Backpack

Treat a long all accessible routes via UTV and all other areas via backpack within Unit 9 North of the Jim Town Road (route 231)

Treat along both sides of the Jim Town Road (portion within Unit 9) out to 30 ft.

Item No. Description price per acre est. acres Total Price

01 truck treat 1 10 $10

02 off road treat 2 10 $20

03 backpack treat 3 10 $30

Site Specific Information (mark all applicable items, make notes to in right-most column)

Check If Rqd

Applicable Item Site Specific Notes

Travel authorizations will be necessary for off road travel or behind locked gates, contractor shall obtain authorization from District Ranger through COR. Forest Service will provide a key if necessary. Access through private land will be coordinated through the COR.

Don’t spray near sensitive plants or amphibians (FS will identify these places on attached map)

Location information will be provided electronically.

Don’t spray biological release sites (FS will identify these places on attached map)

Location information will be provided electronically.

☐ Recreational and grazing considerations

Inform contractor of other contracts in the area

FS will inform of other contractors as soon as known.

List or identify location/s where warning signs for the public are to be placed

No treatment to occur on weekends (after Friday at 1700 and before Monday at 0600) and all federal holidays

☐ Suggested water sources:

☒ Other:

Treatment times are to be coordinated with the assigned Forest Service inspector to ensure appropriate treatment times within the authorized work period (5/01/15 – 10/10/15).

☐ Other:

Attachments to Task Order (list) maps

Montana Noxious Weed List Effective: July 2015

PRIORITY 1A These weeds are not present or have a very limited presence in Montana. Management criteria will require eradication if detected, education, and prevention:

(a) Yellow starthistle (Centaurea solstitialis)

(b) Dyer’s woad (Isatis tinctoria)

(c) Common Reed (Phragmites australis ssp. australis) PRIORITY 1B These weeds have limited presence in Montana.

Management criteria will require eradication or containment and education:

(a) Knotweed complex (Polygonum cuspidatum, P. sachalinense, P. × bohemicum, Fallopia japonica, F.

sachalinensis, F. × bohemica, Reynoutria japonica, R. sachalinensis, and R.× bohemica)

(b) Purple loosestrife (Lythrum salicaria)

(c) Rush skeletonweed (Chondrilla juncea)

(d) Scotch broom (Cytisus scoparius) PRIORITY 2A These weeds are common in isolated areas of Montana. Management criteria will require eradication or containment where less abundant. Management shall be prioritized by local weed districts:

(a) Tansy ragwort (Senecio jacobaea, Jacobaea vulgaris)

(b) Meadow hawkweed complex (Hieracium caespitosum, H. praealturm, H. floridundum, and Pilosella caespitosa)

(c) Orange hawkweed (Hieracium aurantiacum, Pilosella aurantiaca)

(d) Tall buttercup (Ranunculus acris)

(e) Perennial pepperweed (Lepidium latifolium)

(f) Yellowflag iris (Iris pseudacorus)

(g) Blueweed (Echium vulgare)

(h) Eurasian watermilfoil (Myriophyllum spicatum)

(i) Flowering rush (Butomus umbellatus) PRIORITY 2B These weeds are abundant in Montana and widespread in many counties. Management criteria will require eradication or containment where less abundant. Management shall be prioritized by local weed districts:

(a) Canada thistle (Cirsium arvense)

(b) Field bindweed (Convolvulus arvensis)

(c) Leafy spurge (Euphorbia esula)

(d) Whitetop (Cardaria draba, Lepidium draba)

(e) Russian knapweed (Acroptilon repens, Rhaponticum repens)

(f) Spotted knapweed (Centaurea stoebe, C.maculosa)

(g) Diffuse knapweed (Centaurea diffusa)

(h) Dalmatian toadflax (Linaria dalmatica)

(i) St. Johnswort (Hypericum perforatum)

(j) Sulfur cinquefoil (Potentilla recta)

(k) Common tansy (Tanacetum vulgare)

(l) Oxeye daisy (Leucanthemum vulgare)

(m) Houndstongue (Cynoglossum officinale)

(n) Yellow toadflax (Linaria vulgaris)

(o) Saltcedar (Tamarix spp.)

(p) Curlyleaf pondweed (Potamogeton crispus)

(q) Hoary alyssum (Berteroa incana) Priority 3 Regulated Plants: (NOT MONTANA LISTED NOXIOUS WEEDS) These regulated plants have the potential to have significant negative impacts. The plant may not be intentionally spread or sold other than as a contaminant in agricultural products. The state recommends research, education and prevention to minimize the spread of the regulated plant.

(a) Cheatgrass (Bromus tectorum)

(b) Hydrilla (Hydrilla verticillata)

(c) Russian olive (Elaeagnus angustifolia)

(d) Brazilian waterweed (Egeria densa)

(e) Parrot feather watermilfoil (Myriophyllum aquaticum or M. brasiliense)

Herbicide Spill Plan

EMERGENCY SPILL PLANNING

Herbicide spills, incidents and accidents are addressed Chapter 60 of Forest Service Handbook

(FSH) 2109.14 Pesticide Use Management and Coordination Handbook. It is available for review at U.S. Forest Service offices.

Hazardous Material is an umbrella term that includes herbicides and all other hazardous chemicals, hazardous wastes, hazardous substances and oil.

A hazardous materials emergency or oil spill is defined as any release or threat of release of a hazardous substance or petroleum product that presents an imminent and substantial risk of injury to health or the environment.

Required Equipment

Spill response equipment will be available in the immediate vicinity of all herbicide application operations, on vehicles used to transport herbicides and / or where spills are most likely to occur.

Recommended spill kit contents include the following, however modifications to spill kits may be made to consider actual herbicides being used, site conditions and logistical considerations.

1. Neoprene gloves

2. Unvented goggles

3. Rubber boots

4. Coveralls or rain suit

5. Flagging or engineers tape

6. Dust pan

7. Shop brush or broom

8. Polyethylene or plastic bags with ties or bucket(s)

9. Liquid detergent

10. Polyethylene or plastic tarp

11. Rope

12. Blank labels and pen

13. Fire extinguisher

14. 10-30 lbs absorbent or absorbent pads

15. Eye wash kit

16. Bleach

Material Safety Data Sheets and herbicide labels will be reviewed and carried with all personnel involved in the handling of herbicides.

Clean up of Herbicides

Minor Spills

1. Keep people away from spilled chemicals.

2. Rope off the area and flag it to warn people.

3. Do not leave unless someone is there to confine the spill and warn of the danger.

4. If the pesticide was spilled on anyone, wash it off immediately.

Confine the spill. If it starts to spread, dike it up with sand and soil or absorbents. Try to prevent the spilled material from reaching water. Absorbent material may be cat litter, absorbent pillows or pads, soil, sawdust, or absorbent clay to soak up the spill. If there is no danger to employees or the public, shovel or sweep contaminated material into a leak proof container for disposal.

Consult Dispatch and the Forest Hazardous Materials Coordinator on method of transportation and disposal.

Do not hose down the area, because this spreads the herbicide. Always work carefully and do not hurry. Control access to the area until the spill is completely cleaned up.

Major Spills

The cleanup of a major spill may be too difficult for you to handle, or you may not be sure of what to do. In either case, keep people away, give first aid if needed, and confine the spill. Then call:

Helena-Lewis and Clark Forest National Forest

Helena Dispatch Center - (406) 449-6475 or 911

East Side Custer-Gallatin

Mile City Dispatch – (406)223-2900 or 911

West Side Custer-Gallatin National Forest

Bozeman Dispatch – (406)624-3830 or 911

Billings Dispatch – (406)896-2900 or 911

Beaverhead-Deerlodge National Forest

Dillion Dispatch - (406) 683-3975 or 911

Lolo National Forest

Missoula Dispatch - (406) 829-7070 or 911

Plains Dispatch - (406) 826-3061 or 911

Flathead National Forest

Kalispell Dispatch – (406) 758-5260 or 911

Chemtrec stands for Chemical Transportation Emergency Center, a public service of the

Manufacturing Chemicals Association; its offices are located in Washington D.C. Chemtrec provides immediate advice for those at the scene of emergencies.

Chemtrec operates 24 hours a day, seven days a week, to receive calls for emergency assistance.

For help in herbicide emergencies involving spills, leaks, fire, or explosions, call toll-free 800-

424-9300 day or night. This number is for emergencies only.

If a major pesticide spill occurs on a highway, ask 911 or Dispatch to contact the highway patrol or the sheriff for help. Do not leave until responsible help arrives.

Ecosystem Management System Environmental Emergency Plan

An Environmental Management System (EMS) was developed for the Forests and Grasslands of

Region 1 that is compliant with the ISO 14001 International Standard. The intention of the EMS is to enable the Forests to identify important activities, products, and services with environmental interactions, and consistently provide environmental protection measures as well as achieve objectives for environmental performance. Element 4.4.7 of the ISO standards contains requirements for the creation of an EMS Emergency Preparedness and Response Plan.

Purpose

This plan outlines procedures for emergency awareness, preparation, and response with the purpose of preventing, minimizing and/or mitigating environmental impacts. The procedures listed provide a framework for proper response to emergency situations that occur and may have environmental impacts. The EMS Emergency Preparedness and Response Plan should be synchronized with the procedures of the Forest emergency plan that is created to focus on human safety and health.

Scope

This plan applies to emergency situations that could have significant environmental impacts to resources found on the Forests. Spills or discoveries of hazardous materials, and wildland fires are emergencies for which employees may lessen, mitigate, or prevent undesired environmental effects by taking prompt action as described in this plan.

The procedures outlined in this plan apply to activities conducted by Forest Service employees and volunteers, working for the Forests and Grasslands of Region One. Contractors and permittees follow emergency procedures as they are identified in the contract or permit, as appropriate.

EMERGENCY SPILLS/DISCOVERY Definitions:

Hazardous Material – An umbrella term that includes hazardous chemicals, hazardous wastes, hazardous substances and petroleum products.

Emergency Hazardous Material Spill

Spills on Land: –For the purpose of this Emergency Response Plan, an emergency spill is defined as any release (spilling, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment) of a hazardous material or petroleum product in amounts greater than normal consumer quantities. For petroleum products, the emergency quantity is considered to be more than 25 gallons. For pesticide products, the emergency quantity is considered to be more than 5 gallons, concentrated or mixed.

Spills on water: - All chemical and petroleum product spills that have entered or threaten to enter water bodies are an emergency spill and must be reported. A sheen on water caused by a spill would constitute an emergency.

Discovery – Locating an unknown substance of either unknown origin or unknown quantities, or both.

Example 1: A container, pail, or drum containing an unknown substance.

Example 2: An assortment of mixed small containers, labeled or unlabeled, that appear to have been used in a METH Lab.

Roles and Responsibilities

The responsibility of the employee(s) in the field is limited to collecting appropriate information when encountering an Emergency Hazardous Material Spill or Discovery, as defined above, and relaying it to dispatch immediately. If an employee does not know the emergency amount, then s/he should report it to Dispatch. Following is a list of the information that should be collected, if possible (“SPILL/DISCOVERY INFORMATION FORM”). However, it is more important to maintain personal safety and report in a timely manner than to collect all information.

Hazardous material spills and discoveries must be reported immediately to the following

Emergency Contacts:

STEP FIRST EMERGENCY CONTACT

BACK-UP EMERGENCY

CONTACT

(if first contact not available)

Step 1

Employee or Volunteer -

Contact Forest Dispatch

Forest Dispatch Office:

Helena Dispatch - (406) 449-6475

Mile City Dispatch – (406)233-2900

Billings Dispatch – (406)896-2900

Bozeman Dispatch – (406)624-3830

Dillion Dispatch - (406) 683-3975

Missoula Dispatch - (406) 829-7070

Plains Dispatch - (406) 826-3061

Kalispell Dispatch – (406) 758-5260

911 Operator:

Phone # 911

Step 2

Forest Dispatch Contact

Forest Haz Mat

Coordinator

Forest Haz Mat Coordinator:

Helena Forest Haz Mat Coordinator:

Reid Stovall

Work (406) 495-3766

Custer – Gallatin Haz Mat

Coordinator:

TBA

B-D Forest Haz Mat Coordinator:

Buck Seals

Work (406) 683-3942

Flathead Forest Haz Mat Coordinator:

Peter Borgesen

(406) 758-5321

Lolo Forest Haz Mat Coordinator:

Bill Kelley work (406) 329-3759

Regional Haz Mat Coordinator:

Bob Wintergerst work (406) 329-3036

Cell (406) 396-4857

Home (406) 543-2583

Step 3

Forest Haz Mat

Coordinator Initiate

Notification and Clean-up

Determine extent of emergency and make notifications.

Clean Up Contractor/Individuals

Bob Wintergerst work (406) 329-3036

And one of the following:

IHESS INC. (406) 543-4495, 544-

ATM (406) 203-2013, 544-1037,

531-2758

MCS Environmental(406) 728-

S&K Environmental (406) 726-

Tetra Tech. (406)543-3045

Clean Up Contractor/Individuals

Bob Wintergerst work (406) 329-3036

And one of the following:

IHESS INC. (406) 543-4495, 544-

ATM (406) 203-2013, 544-1037,

531-2758

MCS Environmental(406) 728-

S&K Environmental (406) 726-

Tetra Tech. (406)543-3045

SPILL/DISCOVERY

INFORMATION FORM (Optional)

1. Name of individual reporting spill:

Phone number:

2. Date and time of: Release/Discovery:

Reported:

Duration of release:

3. Location: (Include state, county, route, milepost, etc)

4. Chemical name:

a. Chemical identification number

b. Other chemical data

Note: for transportation related incidents, this information may be available from the driver, placards on the vehicle, and/or shipping paper.

5. Noted characteristics of release(e.g. smell, fumes, etc)

6. Known health risks

7. Appropriate precaution if known

8. Source and cause of release

9. Number and type of injuries

10. Potential threat to health and environment

11. Estimate of quantity released: ______________gallons

Quantity reaching water: __________________gallons

Name of affected watercourse and distance to source of spill:

12. For transportation incident, name and address of carrier:

Railcar or truck number:

Response Actions and Precautions

In addition to reporting an emergency spill to dispatch, employees should take the following actions and precautions.

Response Action:

Within limits, Forest Service employee(s) may provide necessary and immediate response actions until further direction is provided by the Forest Haz Mat Coordinator or Emergency

Response personnel.

Public warning and crowd control.

Retrieval of appropriate information for reporting purposes.

Additionally, and only after verification of the type of hazardous material involved and its associated hazards, a Forest Service employee(s) may take actions including:

i. Rescue of persons in imminent danger.

ii. Limited action to mitigate the consequences of the emergency, such as using a spill kit to contain a spill.

Under no condition shall a Forest Service employee(s):

i. Place themselves or others in imminent danger.

ii. Perform or direct actions that will incur liability for the Forest Service.

If there is any question that the emergency may constitute a threat to personal safety, limit your response to public warning and reporting of the incident.

Precautions:

When approaching the scene of an accident involving any cargo, or other known or suspected hazardous materials emergency including oil spills:

Approach incident from an upwind, uphill, upstream direction, if possible.

Move and keep people away from the incident scene.

Do not walk into or touch any spilled material.

Avoid inhaling fumes, smoke, and vapors even if no hazardous materials are involved.

Do not assume that gases or vapors are harmless because of lack of smell.

Do not smoke, and remove all ignition sources.

NOTE: It is Forest Service policy NOT to use FS employees or equipment for "hands-on" cleanup of hazardous materials. Only trained personnel can contain spills within the limits of their training.

Corrective/Preventive Action Request Form

For any emergency spill or discovery, the Forest Haz Mat Coordinator fills out the

Corrective/Preventive Action Request Form and submits it to the EMS Representative. Annually at the Management Review, the Forest Leadership Team reviews the response procedures and determines suggestions for improvement.

Spill/Discovery Training and Preparedness

Training

All employees will become aware of their responsibility to report hazardous materials spills during the annual EMS training.

Employees who either manage building facilities or transport or transfer hazardous materials or petroleum products will attend annual Spill Drill training.

Any operation that uses or transports fuel, oil, or pesticides has the potential for spills. The following are minimum requirements:

Material Safety Data Sheets:

Material Safety Data Sheets (MSDS) shall be present for the chemical being used or transported. These are available from the manufacturer or over the internet.

Equipment/Machinery/Vehicles Carrying Auxiliary Fuel:

Spill kits appropriate to type of spills that could take place must be present in vehicle and in equipment.

Exemption: Timber Sale Purchasers and their employees or subcontractors follow timber sale contract provisions.

Stationary Fuel Storage and Dispensing Tanks:

Spill kits appropriate to the volume of stored fuel must be present at points where fuel is dispensed.

Storage and Mixing Tanks for Pesticides:

Spill kits appropriate to the maximum capacity of mixing tanks for pesticides must be present at points where material is batched or transferred from one tank to another.

Spill kits appropriate to the volume and toxicity of material stored must be present where pesticides are stored.

http://fsweb.r1.fs.fed.us/ems/check/4-5-3-nonconformity-etc/Form_4-5-3_Corrective_Action_Form.doc

Quality Assurance Surveillance Plan (QASP) Matrix

Task Sub Task Performance

Standard

Quality Standard for Rating 1

Quality Standard for

Rating 2

Quality Standard for Rating 3

Method of Monitoring

Noxious Weed

Treatment (all methods)

Daily

Applicators

Log and

Electronic

Data (if applicable)

Weeds will be treated within all label specifications

(dosage, environmental, etc.)

Contractor is responsible for non-target effects (discuss with COR on case by case basis).

Daily Logs meet State and

Forest requirements.

Electronic data complete and turned in

(either electronic file or storage device, data compatible with ARC-

MAP).

90% effective treatment on targeted plants (within each treatment area).

20% or less loss of non-target species.

All daily logs complete and turned in.

90% accuracy of electronic data.

Deficiencies in performance are found during inspections.

Rework at contractors expense. If Quality

Standards achieved after rework, positive performance rating and full payment will result.

Failure to meet Quality

Standards (less than

90% efficacy but more than 80%) after second inspection payment will be reduced 20%

(reduction will apply to treatment areas on a case by case basis if task order contains multiple treatment areas). Failure to provide daily logs or electronic data will result in no payment for the applicable treatment areas.

Unacceptable quality of tasks and deliverables. The services provided are not in compliance with contract terms and conditions and do not meet Quality

Standards for rating 1 or 2. Negative performance rating will be assigned and no payment will be made if less than

80% of Quality

Standard. Failure to provide daily logs or electronic data for all treatment areas within a task order no payment will be made.

Treatment efficacy will be monitored by ocular estimate. If estimate is in dispute plots may be used.

Office review of Daily

Logs and Electronic Data

(if applicable).

ATTACHMENT B

2014-BD/BITT-009

BEAVERHEAD-DEERLODGE NATIONAL FOREST

420 Barrett Street Dillon, MT 59725

Forest Supervisor's Order Requiring Safe Storage, Possession and Handling Of Food and Attractants

For the purpose of minimizing adverse interactions between bears and humans and pursuant to Title 36 Code of Federal Regulation 261.50(b), the following uses are restricted on all portions of the Beaverhead-Deerlodge National Forest and the entirety of the Anaconda-Pintler Wilderness as shown on the attached map (Exhibit B) and hereby made a part of this Order.

Also attached, and hereby made part of this Order, are Definitions (Exhibit A) of terms used in support of the restrictions. This Order is effective March 1 through December 1, annually, until rescinded.

36 CFR 261.58 – Occupancy and Use:

1. Possessing or storing any food or refuse, except as specified under this order 36 CFR 261.58(cc) *

2. Possessing, storing, or transporting any bird, fish, or other animal or parts thereof, except as specified under this order 36 CFR 261.58(s)

3. Camping, except as specified in this order 36 CFR 261.58(e) This order requires that:

1. All food and refuse must be acceptably stored or acceptably possessed* during daytime hours.

2. All food and refuse must be acceptably stored during nighttime hours, unless it is being prepared for eating, being eaten, being transported, or being prepared for acceptable storage.

3. Any harvested animal carcass must be acceptably stored, unless the carcass is being field dressed, transported, being prepared for eating, or being prepared for acceptable storage.

4. Camping or sleeping areas must be established at least ½ mile from a known animal carcass or at least 100 yards from an acceptably stored animal carcass.

5. The responsible party shall report the death and location of livestock to a Forest Service official within 24 hours of discovery. Any forest user finding dead livestock should contact the Forest Service.

6. Burnable attractants that cannot be completely consumed by fire (i.e., no post burning residue) must be packed out.

Exemptions:

Pursuant to Title 36 CFR 261.50(e), the following are exempt from this restriction:

1. Persons with a permit issued by the Forest Supervisor specifically exempting them from the effect of this order.

2. Any Federal or State officer placing baits to capture animals for research or management purposes as part of their official duties.

*As defined in Exhibit A, Definitions.

Done at Dillon, MT this 1st day of June, 2014

/s/ Melany Glossa

MELANY GLOSSA

Beaverhead-Deerlodge National Forest Forest Supervisor

/s/ Julie K. King

JULIE KING

Bitterroot National Forest Service Forest Supervisor

Penalty:

Violation of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment for not more than 6 months, or both (16 USC 551 and 18 USC 3559 and 3571).

Notification:

A copy of this order shall be posted as required by 36 CFR 261.51.

Exhibit A Occupancy and Use Special Order—Food Storage and Sanitation Definitions

1.“Food and Refuse” means any substance, solid or liquid (excluding water, baled hay, or hay cubes without additives) or refuse, which is or may be eaten or otherwise taken into the body to sustain health or life, provide energy, or promote growth of any person or animal. Also includes items such as soft drinks, alcoholic beverages, canned foods, pet foods, processed livestock feed and grains, personal hygiene products, and empty food and beverage containers.

2. “Animal carcass” means the dead body or parts thereof, of any harvested mammal, bird, or fish, including the head or skull plate with antlers or horns and hide or cape of big game animals and any domestic livestock that may be found in the restricted area.

Packaged or prepared animal carcass products transported into the restricted area for consumption, game birds, small mammals, or fish harvested for consumption in the restricted area are considered food under the previous definition.

3. “Burnable attractants” include items such as food leftovers, waste products, food grease or residue, food saturated containers or other substances that will not be completely consumed by fire. To be completely consumed, there must be no residual attractant on the surface or in the soil. These items shall not be buried, discarded or burned in an open campfire, unless placed in a suitable container (i.e., tin can or fire pan) to prevent leaching into the ground, and burned over an open campfire. Any remaining attractants unconsumed by burning shall be placed with other garbage, acceptably stored and packed out.

4. “Acceptably stored” means:

a. Stored in bear-resistant container certified through the Interagency Grizzly Bear Committee Courtesy Inspection Program. A container may be certified by the local District Ranger or their designated representative(s) if it meets the IGBC criteria, or

b. Stored in a closed vehicle where the storage compartment is constructed of solid, non-pliable material that, when secured, will have no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows in the vehicle must be closed), or

c. Suspended at least 10 feet clear of the ground at all points and four feet horizontally from any supporting tree or pole, or

d. Stored within a hard-sided residence, building, or storage container subject to the terms and conditions of a special-use authorization or operating plan, or

e. Stored by other methods approved in a permit issued by the Forest Supervisor responsible for the area where the method is proposed for use.

f. Stored within an Interagency Grizzly Bear Committee approved and operating electric fence.

g. For animal carcasses: stored as per 4. a-e when located from 100 yards to ½ mile of a camping or sleeping area or within 200 yards of a National Forest System Trail.

Animal carcasses are not considered acceptably stored when within 100 yards of a camping or sleeping area or National Forest System Trail. Animal carcasses more than ½ mile from a camping area or sleeping area and more than 200 yards from a National Forest System Trail may be left on the ground.

h. Animal carcasses killed or harvested (and parts thereof) within ½ mile of any established camping area or sleeping area must be acceptably stored, possessed, or moved to a distance beyond ½ mile from any such camping or sleeping area by the party(-ies) responsible for killing or harvesting such animal.

5. “Acceptably possessed” means:

a. Possessed or attended during daytime by a person(s) that is physically present within 100 feet and direct sight of the accessible food, or

b. Possessed or attended by such a person(s) for the purpose of field dressing lawfully taken animal carcasses, transporting any food or animal carcass, preparing any animal carcass or food for eating, or eating any food.

6. “Camping/sleeping area” means National Forest System Lands temporarily used for the purpose of overnight occupancy without a permanently fixed structure or lands temporarily occupied by unattended camping equipment.

7. “Daytime” means ½ hour before sunrise to ½ hour after sunset, Mountain Time.

8. “Night time” means ½ hour after sunset to ½ hour before sunrise, Mountain Time.

9. “National Forest System Trail” means a trail wholly or partly within, or adjacent to, and serving a part of the National Forest System and which has been included in a forest recreation map.

Note: Additional acceptable methods of storage can be added to this list as they become available.

Exhibit B

Occupancy and Use Order No. 2014-BD/BITT-009 Special Order— Beaverhead-Deerlodge NF Food Storage and

Sanitation Area of Application