Attachment_1_Nelli_Stew_Appendix_B_Tree_Measurement.docx

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

GENERAL INSTRUCTIONS; The following is a complete list of standard clauses that maybe used for the IRSC. Eliminate all those that do not apply. As an example; if there is no Overstory Removal Units, eliminate CT.3.3 Overstory Removal Units from the list and remove the clause. CLAUSES MARKED WITH AN ‘*’ ARE MANDATORY AND MAY NOT BE DELETED The clause marked with “**” is mandatory for forests west of the 100th meridian.

Contract Name: Nelli Stewardship Page 12 of 26

*BT.0 CONTRACT AREA

*BT.1 Contract Area Map *BT.2 Claims

*CT.0 TIMBER SPECIFICATIONS

*CT.1 Included Timber *CT.1.1 Standard Timber *CT.1.2 Substandard Timber *CT.1.3 Damaged Timber *CT.1.3.1 Damaged by Contractor *CT.1.3.2 Negligent or Willful Damage *CT.1.3.4 Minor Damage by Natural Causes *CT.1.4 Unintentionally Cut Timber CT.1.5 Construction Timber *CT.1.6 Other Material *CT.2 Utilization and Removal of Included Timber *CT.3 Timber Designations CT 3.2 Construction Clearing *CT 3.2.2 Other Authorized Clearings CT.3.5 Individual Trees *CT.3.7 Minor Changes *CT.4 Volume Estimate

*DT.0 RATES OF PAYMENT

*DT.1 Current Contract Rates *DT.4 Other Payment Rates *DT.4.1 Material and Quantities Not in Division AT *DT.4.2 Timber Cut Through Mistake *DT.4.2.1 Designated Timber Cut But Not Removed *DT.4.3 Undesignated Timber Damaged Without Negligence *DT.4.4 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut *DT.4.5 Liquidated Damages

ET.0 PAYMENTS

*ET.1 Amount Payable for Timber *ET.2 Integrated Resource Account *ET.3 Deposits When Payment Guaranteed

GT.0 OPERATIONS

*GT.4 Conduct of Logging *GT.4.1 Felling and Bucking *GT.4.1.1 Felling in Clearings *GT.4.1.2 Stump Heights *GT.4.1.3 Limbing *GT.4.2 Skidding and Yarding GT.4.2.1 Rigging *GT.4.2.2 Landings and Skid Trails *GT.4.2.3 Skidding on Roads GT.4.2.4 Arches and Dozer Blades *GT.6.3 Temporary Roads *GT.6.4 Landings *GT.6.5 Skid Trails and Fire Lines *GT.6.6 Current Operating Areas *GT.6.7 Erosion Control Structure Maintenance *GT.7 Slash Disposal *GT 8 Measuring **GT.8.1 Product Identification

IT.0 OTHER CONDITIONS

*IT.1 Title and Liability *IT.1.1 Title Passage *IT.1.2 Liability for Loss *IT.5 Sale of Other Materials

KT-CT.1.1# Timber Subject to Agreement (9/04) KT-CT.3# Reserve Trees (9/04) KT-GT.3.2# Protection of Reserve Trees (9/04) KT-CT.3.5.7# Individual Tree Designation (Option 1) (6/08) KT-ET.2.2 Changes in Stewardship Credits (6/08) KT-FT.1.0.1# Temporary Road and Landing Construction (Option 1) (6/08) KT-FT.3.2#Road Maintenance Deposit Schedule (9/04) KT-GT.2.4# Site Specific Special Protection Measures (9/04) KT-GT.3.1.5# Project Operation Schedule (5/05) KT-GT.3.2# Protection of Reserve Trees (9/04) KT-GT.4.0.5 Alternate Removal of Included Timber (5/05) KT-GT.4.1# Specific Requirements (5/05) KT-GT.4.2# Yarding/Skidding Requirements (5/05) KT-GT.7 Slash Disposal (6/08) KT-GT.7.4.1# Slash Treatment Required (5/05) KT-GT.8 Measuring (5/05) KT-GT.8.1.1 Accountability (5/05) KT-GT.8.4 Use of Paint by Contractor (Option 1) (6/06) KT-HT.1 Plans (5/05) KT-HT.2 Specific Fire Precautions (5/05) KT-HT.2.0.1 Burning by Contractor (6/06) KT-HT.2.2 Emergency Fire Precautions (5/05) KT-HT.3.1 Additional Area of Fire Responsibility (5/05) KT-IT.1.0 Disclaimer of Expressed or Implied Warranty (5/05) KT-IT.6.8# Use of Timber (Option 1) (9/04)

Division AT Location and Area:

This Contract Area of

R 14E., Sections 13,14,15,23,24,25, and 26 W.M. Surveyed, Yakima County, Washington

Volume Estimate and Utilization Standards

Quantity * Unit of Measure Minimum Specifications

Diameter Breast High (d.b.h.)

(inches) Number of Minimum Pieces per Tree Length

(feet) Diameter Inside Bark at Small End

(inches)

Merch.

Factor

Douglas Fir and Other

All conifer Species

Sawlogs

Grn. Bio. Cv.

19,735

CCF

NA

Timber Subject to Agreement

All conifer species

Grn. Bio.

Cv.

Unestimated

Total Quantity

19,785

Timber Designations, acres are approximate:

Number

Acres

Clearcutting Units (CT.3.1)

Overstory Removal Units (CT.3.3)

Understory Removal Units (CT.3.4)

1,509

Incompletely Measured (CT.3)

Designation by Description or Prescription (KT-CT.3)

High Stumps

(inches)

* Minimum stump height of 10 feet required for cut trees marked with yellow tracer paint in Payment Units 4, 5, 6, and 15. Trees marked with yellow tracer paint are to be cut leaving a high stump 10 feet tall, or as high as can be cut within operational safety limitations.

Roads

removal of timber products. Refer to Appendix C for specifications related to pre-haul, during haul and post activities. Oakanogan – Wenatchee National Forest Roads Policy-July 1, 2010.

Class Approx.

Length (mi./km.)

Sheet Numbers and Approval Date Performance Responsibility

Staking1/

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

Measure

DF/O

ZZC

APPLICABLE REGIONAL CLAUSES MAY BE ADDED

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 KT Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the Nelli Stewardship Contract except where otherwise specifically referenced. “Timber” when used in this appendix includes timber and other products.

BT.0—CONTRACT AREA

BT.1 Contract Area Map.

BT.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.

CT.0—TIMBER SPECIFICATIONS

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

All live and dead trees marked with blue or yellow paint above and below stump height that are 7.0” DBH and greater in all units.

CT.1.1 Standard Timber. Live and dead trees and portions thereof that meet Utilization Standards and are designated for cutting.

CT.1.2 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.

CT.1.3 Damaged Timber.

CT.1.3.1 Damaged by Contractor. Undesignated live trees meeting Utilization Standards (a) within 200 feet slope distance from centerline of roads constructed hereunder which 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) which are damaged by Contractor in logging and are subsequently Marked before Contractor has completed skidding or yarding operations in the immediate area. By agreement, such trees may be left without charge if their removal would cause undue damage or be grossly uneconomic.

CT.1.3.2 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Forest Service.

CT.1.3.4 Minor Damage by Natural Causes. Undesignated trees within Contract Area and meeting Utilization Standards, that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.

CT.1.4 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 but that are cut through mistake by Contractor, when included by Forest Service.

CT.1.5 Construction Timber. Trees to be used for construction under this contract.

CT.1.6 Other Material. Species or products not listed in the contract, upon written approval of Forest Service.

CT.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 AT 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.

CT.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as otherwise provided. Contract Area Map indicates Payment Units, if any, where Marking is to be done after solicitation, except for construction clearing, minor changes, and damaged timber. The boundaries of cutting units were plainly marked on ground before solicitation and are shown on Contract Area Map. The number of units and approximate acreage of timber designations are stated in Division AT.

CT.3.2 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 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. Such designation may be revised as part of agreed changes in road location.

CT.3.2.2 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.

CT.3.5 Individual Trees. All trees to be cut, other than in the units described in CT.3.2, 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.

CT.37 Minor 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.

CT.4 Volume Estimate. The estimated volumes of timber by species designated for cutting and expected to be cut under Utilization Standards are listed in Division AT. The estimated volumes stated are not to be construed as guarantees or limitations of the timber volumes to be designated for cutting under the terms of this contract.

DT.0—RATES OF PAYMENT

DT.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.

DT.4 Other Payment Rates.

DT.4.1 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 from Clearcutting Units and construction clearings may be purposely removed in more than incidental amounts without charge subject to agreement on deposits for road maintenance and use. Such material from other than Clearcutting Units and construction clearings 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, upon written approval of Contracting Officer, be cut and removed without charge other than Required Deposits established by agreement. Timber for which the quantity is not included in the estimate, shall be paid for at Current Contract Rates and Required Deposits.

DT.4.2 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Contractor through mistake and included by the Forest Service, shall be removed and paid for at Current Contract Rates and Required Deposits, unless such material is not listed. In such event, Forest Service, in accord with standard Forest Service methods, shall establish rates to be paid.

DT.4.3 Undesignated Timber Damaged Without Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Contractor and designated by Forest Service, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits.

DT.4.4 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 shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated damages. 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.

DT.4.5 Liquidated Damages. Unnecessary damage to or negligent or willful cutting of undesignated timber, 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 the Forest Service, Contractor shall remove such damaged timber.

ET.0—PAYMENTS

ET.1 Amount Payable for Timber. 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. Payment shall be in the form of Stewardship Credits or cash.

ET.2 Stewardship Statement of Account. “Stewardship Statement of Account” is an account 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) Cooperative work at rates established by specific agreement,

(d) Other charges provided in this contract.

Cash deposits and Stewardship Credits shall be recorded currently in such account. Charges for timber cut shall be made when Forest Service prepares and furnishes to Contractor periodic statements of quantity and value of such timber. Charges against Stewardship Credits shall be limited to timber value in excess of Required Deposits.

ET.3 - Deposits When Payment Guaranteed. (05/10) To the extent payment guarantee is provided under Clause entitled, “PRODUCT PAYMENT GUARANTEE” requirements for advance cash deposits under ET.1 shall be waived for the value of Included Timber removed except for:

(a) Associated charges, and

(b) The value of Included Timber exceeding the sum of stewardship credits that have not been established for mandatory stewardship projects listed in the Schedule of Items plus optional stewardship projects ordered by Contracting Officer.

Charges for (a) and (b) shall be waived for not more than a monthly billing period.

GT.0—OPERATIONS

GT.4 Conduct of Logging. Unless otherwise specifically provided herein, Contractor shall fell trees designated for cutting and shall remove the portions which meet Utilization Standards, except 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:

GT.4.1 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.

GT.4.1.1 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 construction clearings and areas of regeneration cutting.

GT.4.1.2 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 shall be acceptable when necessary for safe and efficient conduct of logging. Except for acceptable high stumps stated above, 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 or as otherwise agreed. 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.

GT.4.1.3 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 uncut those limbs that cannot be cut with reasonable safety.

GT.4.2 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.

GT.4.2.1 Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees designated for cutting.

GT.4.2.2 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.

GT.4.2.3 Skidding on Roads. Products may be skidded on permanent roads authorized for hauling only by prior written agreement.

GT.4.2.4 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.

GT.6.3 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as outsloping, 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, outslope 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.

GT.6.4 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.

GT.6.5 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.

GT.6.6 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 15 , 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 October 16 – June 15 , Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

GT.6.7 Erosion Control Structure Maintenance. During the period of this contract, Contractor shall provide maintenance of soil erosion control structures constructed 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.

GT.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 in elsewhere herein and are in addition to Required Deposits for slash disposal.

GT.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

GT.8.1 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) 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, removed, 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.

IT.0—OTHER CONDITIONS

IT.1 Title and Liability.

IT.1.1 Title Passage. All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been cut, 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 be paid for. Title to any Included Timber that has been cutand 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.

IT.1.2 Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of the 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 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 said 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.

IT.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 which will materially interfere with Contractor's Operations. Contractor shall not be obligated to do any work made necessary by the action of others.

KT-CT.1.1# – TIMBER SUBJECT TO AGREEMENT. (9/04) In addition, there is within Contract Area an unestimated quantity of:

that shall be Included Timber upon written agreement.

KT-CT.3# – RESERVE TREES. (9/04) Notwithstanding the designations for cutting under CT.3.2, live or dead standing or down genetic reserve trees or groups of reserve trees within such cutting units or clearings shall be left uncut. Reserve trees are identified by a wide band of orange paint and / or signs, and shall be protected. Units with reserve trees are shown on Contract Area Map.

KT-CT.3.5.7# - INDIVIDUAL TREE DESIGNATION (OPTION 1) (6/08) All trees marked with blue or yellow paint above and below stump height in all ITM payment units which meet the minimum tree diameter stated in AT.2 are designated for cutting. Additional timber to be cut, if any, will be designated for cutting in accordance with CT.3.7.

Leave trees, marked with orange paint , or identified by boundary tags and orange paint, are not to be cut, unless designated by the Forest Service.

KT-ET.2.2 - CHANGES IN STEWARDSHIP CREDITS. (6/08)

The Contracting Officer may at any time, by written order, make changes within the general scope of this contract in any one or more of the following:

(1) Specifications for Stewardship Projects listed in KT-GT.9#.

(2) Quantities of Stewardship Projects listed in AT.4.4.

(3) Prices for Stewardship Projects listed in AT.4.4.

(4) Place of performance of the Stewardship Projects as shown on the Contract Area Map.

If a written change order causes an increase in the time required for performing any part of the work under this contract, the Contracting Officer shall make an adjustment in the Contract Termination Date and shall modify the contract accordingly.

The Contractor must assert their right to equitable adjustments under this provision within 30 days from receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before contract closure.

If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

Failure to agree to an adjustment under this provision shall be considered a dispute under JT.2. However, nothing in this provision shall excuse the Contractor from proceeding with the contract as changed.

In addition, by written modification of the contract, new Stewardship Projects may be added to KT-GT.9# and AT.4.4, with or without expanding the Contract Area, as long as they are within the general scope of this contract.

KT-FT.1.0.1# - TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1). (6/08)

In addition to the requirements of FT.1 and GT.6.3, 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 NA cubic meters of rock for Temporary Roads, landings, or other temporary uses, such rock shall be obtained from commercial sources.

PLANS AND/OR CRITERIA PURSUANT TO KT-FT.1.0.1# - TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1) (6/08)

Temporary Road Closure Requirements

In addition to the erosion control and stabilization requirements of GT.6.3, Temporary roads constructed or utilized by the contractor shall be effectively closed after contractor’s use to preclude further vehicular use along the entire length of road. The Contractor shall, unless otherwise agreed, use the following road closure methods:

1. Temporary roads will be blocked within one week at the completion of harvest activities with cull logs, slash, rocks, or other materials until soil moisture is at the levels that allow for effective decommissioning.

2. At junctions with other roads, the entrance of the temporary roads shall be blocked to prevent vehicle access. This shall be accomplished by placing an earthen berm, rocks, brush, or debris to block the road entrance. The ditch line of intersecting road shall be restored.

3. Except in areas where bedrock or boulders are encountered, landings and the entire length of temporary roadbeds shall be ripped to promote establishment of vegetation, unless otherwise agreed to by the Forest Service. To further preclude vehicle use, where these materials are available, rock, brush, and debris shall be placed as necessary within the roadway.

4. Soil ripping shall be implemented during periods when soil moisture levels are appropriate for effective reduction of soil compaction.

5. When closing temporary roads, the contractor shall pull outside berm material to re-shape slope to original contour where applicable, and install waterbars at drainage crossings.

Mechanized Landing Restoration Requirements

In addition to the erosion control and stabilization requirements of GT.6.4, helicopter and mechanical landings constructed or utilized by the contractor shall be restored after contractor’s use. Such restoration measures include slash piling, ripping, and grass seeding required as part of KT-GT.6.0# and KT-GT.4.2#.

KT-FT.3.2# – ROAD MAINTENANCE DEPOSIT SCHEDULE. (9/04) Other provisions herein notwithstanding, when Forest Service requests payment in lieu of Contractor’s performance of road maintenance, Contractor shall make Required Deposits (16 USC 537) for current and/or deferred road maintenance. Such deposits are based on the estimated volume and distance hauled and Contractor’s commensurate use of each road listed in the Road Maintenance Plan in KT-FT.3.1#.

Contractor and Forest Service may agree in writing on adjustment of such rates. If Contractor uses roads under jurisdiction of Forest Service other than those listed in the Road Maintenance Plan, Forest Service shall establish rates commensurate with Contractor’s use of such roads.

The Required Deposits for Forest Service work in lieu of Contractor performance and for deferred maintenance is: $0.00 per /CCF.

The following table lists who the Contractor will make deposits for road maintenance to, and the rate per unit of measure of the deposit. The Road Maintenance Agreement is available for inspection at the Forest Supervisor’s Office.

N/A

KT-GT.2.4# – SITE SPECIFIC SPECIAL PROTECTION MEASURES. (9/04)

Special protection measures needed to protect known areas identified on Contract Area Map or on the ground include: 1/

Cultural Resource Protection Measures:

Directional fall trees away from east boundary of Payment Unit 7.

Directional fall trees away from west and southwest boundary of Payment Unit 12.

A proposed helicopter landing has been designated by the Forest Service southeast of the 1601 and 1611 junction within the Nile Mill Site area. This landing site location and configuration shall require Forest Service approval before operations begin. The leveling of the native surface road that will be used as the egress and ingress into the loader for loading at the proposed helicopter landing is allowed. Any additional Excavating within the landing area shall be prohibited.

Wildlife and Botanical Protection Measures:

An Elk and Deer Winter Range timing restriction of no harvesting activities, except log hauling, shall be enforced from December 1 to March 31 within 1/2 mile of the Nile Feeding Station. This timing restriction will include the east portion of Payment Unit 1, and all of Payment Unit 4. The starting date of December 1 may be modified to a later date depending on weather conditions.

A Northern Spotted Owl timing restriction shall be enforced that prohibits any harvesting activities that create noise above ambient forest levels within 400 meters (1/4 mile) of an active spotted owl nest from March 1 to July 31. Activities that create noise above ambient forest levels include chainsaws, tractors, snowplows, bulldozers, graders, dump trucks, excavators, log trucks, and generators.

A Northern Goshawk timing restriction shall be enforced to protect a nesting site located within Payment Unit 1. Any harvesting activities that create noise above ambient forest levels within 400 meters (1/4 mile) of the active Goshawk nest will be prohibited from March 1 to July 31. If the bird is not found to be nesting after the nest site has been checked, the timing restriction may be lifted for that year.

A White-headed Woodpecker timing restriction shall be enforced that prohibits harvesting activities within 150 meters (450 feet) of active White-headed Woodpecker nest trees from May 20 to July 31. This timing restriction shall be enforced within Payment Units 4, 5, 7, and 13 where documented nest trees are located within, or adjacent to, these Payment Unit boundaries. Specific locations of nest trees and buffer requirements are documented on the logging feasibility studies prepared by the Forest Service and are available upon request.

Cave Resource Protection Measures:

N/A

KT-GT.3.1.5# - PROJECT OPERATION SCHEDULE (5/05)

See attached Schedule:

All

Log hauling shall not occur on Memorial Day weekend, and during both weekends of modern firearms elk hunting season.

Avoid conflicts with peak recreation use.

KT-GT.3.2# – PROTECTION OF RESERVE TREES. (9/04)

Contractor’s damage or destruction of reserve trees will cause serious and 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 $ 500.00 for each genetic reserve tree and $ N/A for each N/A reserve tree damaged or destroyed by Contractor's Operations, in addition to amounts payable under DT.4.4 and DT.4.5. Damage, as used herein, includes any injury to the living crown, bole, or roots of reserve trees. If areas are marked on the ground around such reserve trees, operation of heavy equipment or skidding of products within the area shall be considered to be damage to the tree.

KT-GT.4.0.5 – ALTERNATE REMOVAL OF INCLUDED TIMBER. (5/05)

Contractor and Forest Service may agree to alternate removal requirements of Included Timber contained in AT.2. Alternate removal requirements are to be set forth in an agreement signed by both Contractor and Contracting Officer. The terms of the agreement binds both parties and becomes part of the stewardship contract.

The development and execution of the agreement is based upon the determination by the Contracting Officer that removal of Included Timber is economically impractical if Contractor has no ready market for such logs in the tributary area. A tributary area is defined as the area in which the Contractor and competitors regularly deliver saw logs, or 200 miles from the Contract Area, whichever distance is greater.

The agreement for alternate removal requirements shall be executed prior to removing any timber from the Payment Units included in the agreement. Alternate removal requirements shall apply only to whole units and not to portions of units. All material meeting alternate removal specifications shall be cut and removed to locations designated in the agreement.

Volumes of material with alternate removal requirements will be determined from the National Cruise report for the project. Contractor will be charged for the following:

a) stumpage value at current contract rates of the alternatively removed timber;

b) plus the cost of other work required by the Forest Service to dispose of alternatively removed material;

c) plus the difference between the appraised transportation cost of the Sawtimber and/or Nonsawtimber material involved and the appraised transportation cost of the alternative;

d) minus any work required to be completed by the Contractor associated with alternate removal requirements.

Charges will be debited to the Contractor’s Integrated Resource Account.

Upon acceptance of the alternate removal requirements, the Payment Unit will be removed from the Contract Area under GT.3.6.

Title to material included in the alternate removal agreement shall remain with the Forest Service.

KT-GT.4.1# - SPECIFIC REQUIREMENTS. (5/05)

Notwithstanding GT.4.1, GT.4.1.1, GT.5 and GT.6.1, 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 Payment Units shown in the following table, Contractor shall submit a cutting plan for Forest Service acceptance, prior to the start of felling operations.

See attached table.

TABLE PURSUANT TO KT-GT.4.1# - SPECIFIC REQUIREMENTS (5/05)

KT-GT.4.2# - 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.

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

See attached table for requirements.

KT-GT.7 - SLASH DISPOSAL. (6/08) As used in the following Subsections, the term "slash" is vegetative debris including, but not limited to, cull logs, blasted or pushed-out stumps, chunks, broken tops, limbs, branches, rotten wood, damaged brush, damaged or destroyed reproduction, saplings or poles, resulting from Contractor's Operations, including construction of roads or other improvements under this contract. Slash resulting from the construction of Specified Roads shall be disposed of as provided for in Section 201 of the Standard and Special Specifications and as shown in Drawings.

Any burning of slash or refuse by Contractor is subject to KT-HT.2.0.1.

Forest Service may enter into a written agreement with Contractor for the Contractor to remove slash from landings, subject to DT.4.1. Brush disposal deposits paid by the Contractor for the Forest Service to burn landing piles will be credited to the Contractor’s integrated resource account in the amount shown in the brush disposal plan, less the amount needed by the Forest Service for final cleanup of the landings following removal of the landing slash piles by the Contractor. The credit will be made following the final removal of all Included Timber, and slash piles, from the Contract Area.

KT-GT.7.4.1# - SLASH TREATMENT REQUIREMENTS (OPTION 1). (6/08)

Contractor shall pile, burn, yard, construct firelines or otherwise treat slash defined in KT-GT.7, within designated areas. Work required of Contractor shall be in accordance with the following slash plan and specifications, and the Contract Area Map.

SPECIFICATIONS PURSUANT TO KT-GT.7.4.1#-SLASH TREATMENT REQUIREMENTS

(OPTION 1) (6/08)

YARDING AND PILING OF TOPS

Material to be Yarded Contractor shall yard tops with last log within Payment Units 2, 4, 5, 6, 8, 9, 10, 11, 15, 16, 17, 18, and 19 as designated on the Contract Area/Slash Disposal Map.

The yarding of tops or removal of materials smaller than the minimum utilization specifications is not required on all helicopter Payment Units.

Location of Piles Yarded material shall be piled on each landing. The Forest Service may designate locations other than the landing for piling of slash. If a landing is on a system road, no slash may be piled on road or cut slopes unless agreed in writing by the Forest Service.

Construction and Size of Piles Material shall be piled as compactly as possible, contain no more soil than adheres to the bark and, when practicable, have its long axis perpendicular to the slope contour. Piles shall be at least 4 feet in height and 6 feet in width. Piles shall be no less than 20 feet from the edge of the dripline of any live tree.

On steep slopes, where necessary to keep piles in place, four-foot stumps will be permitted for a radius no larger than that necessary to prevent logs from sliding downhill, if agreed to in writing by the Forest Service. Cull logs may be placed across the slope above such stumps in order to secure piles. Where high stumps are needed, location of piles must be determined prior to felling.

KT-GT.8 - MEASURING. (5/05) The estimated quantity of timber in AT.2 was determined in advance of advertisement. Any timber subsequently added or deleted under CT.1.3, CT.1.4, CT.1.5, CT.3.1, CT.3.2, CT.3.3, CT.3.4, CT.3.5, or CT.3.7 will be measured by the Forest Service and formulated using Forest Service Handbook 2409.12, Timber Cruising Handbook Standards, unless otherwise agreed to in writing.

KT-GT.8.1.1 - ACCOUNTABILITY. (5/05)

The following requirements are applicable to product removal permits:

1. Forest Service will issue to Contractor or designated representative(s) serially numbered Product Removal Permit Books for use only on this contract. Product Removal Permit Books, whether used or unused, shall be returned to issuing Forest Service Office in accordance with instructions contained on cover of each book.

2. All permits shall be completed and attached to load by an individual named in writing, other than the truck driver in accordance with the instructions on the inside cover of the Product Removal Permit Book. Product Removal Permit will be attached prior to removal from the immediate vicinity where loading is done. The permit will remain attached until the load is decked at the delivery point.

3. Contractor shall require truck drivers to stop when requested by Forest Service for purposes of monitoring accountability when products are in transit. Methods to be used to alert drivers of an impending stop shall be agreed to in advance of hauling products.

KT-GT.8.4 - USE OF PAINT BY CONTRACTOR (OPTION 1). (5/05) Notwithstanding GT.8.1, use of paint by the Contractor within the Contract Area in the same color(s) as used by the Forest Service in the preparation of the sale and administration of the contract will be by written approval of the Forest Service.

KT-HT.1 - PLANS. (5/05)

The plan shall state how Contractor's representative or alternates will be contacted in a fire emergency, both during periods of operation and at other times such as evenings or weekends. Contractor shall certify compliance with specific fire precautionary measures included as Subsections under KT-HT.2 - Specific Fire Precautions, before beginning operations during Fire Precautionary Period (closed season) and shall update such certification when operations change.

If helicopter yarding is required, the plan shall include a schedule of rates mutually agreed to for computing Contractor costs incurred toward meeting Contractor's obligations under AT.14, or for paying for helicopters controlled by Contractor and used under Forest Service direction for suppressing Operations Fires or other fires on Contract Area, excluding Negligent Fires.

KT-HT.2 - SPECIFIC FIRE PRECAUTIONS. (5/05)

When the industrial fire precaution level is I or higher, unless waiver is granted under KT-HT.2.2, specific required fire precautionary measures are as follows:

A. Fire Security.

Contractor shall designate in writing a person or persons who shall perform fire security services listed below on Contract Area and vicinity.