AG-05K3-S-10-0049-Attachments.pdf

AG-05K3-S-10-0049-Attachments

Forest Road 3056

Forest Road 30-136

Forest Road 3056

Upper Wind River Road Decommission Project - Vicinity Map

Forest Road 3056-105 spur

0 BEGIN ROAD JUNCTION ROAD 3056 AND WIND RIVER HWY

110 BERM

260 WATER BAR

395 WATER BAR

570 CULVERT REMOVAL 60 40

750 WATER BAR

850 WATER BAR

1000 WATER BAR

1350 CROSS DITCH

1600 CULVERT REMOVAL 18 8

1885 CULVERT REMOVAL 18 8

2050 WATER BAR

2300 WATER BAR

2450 CULVERT REMOVAL 18 3

2600 WATER BAR

2730 WATER BAR

2880 CULVERT REMOVAL 18 3

3050 WATER BAR

3200 WATER BAR

3530 CULVERT REMOVAL 18 8

3960 CULVERT REMOVAL 18 3

4045 CULVERT REMOVAL 48,48 25

4250 WATER BAR

4440 CULVERT REMOVAL 48 75 inlet 40 outlet

4640 CROSS DITCH

4690 WATER BAR

4740 CROSS DITCH

4810 WATER BAR

4930 CULVERT REMOVAL 18 3

5050 CROSS DITCH

5090 CROSS DITCH

5150 WATER BAR

5250 CULVERT REMOVAL 18 5

5615 CULVERT REMOVAL 18 3

5630 FILL REMOVAL

5675 CROSS DITCH

5740 WATER BAR

5800 WATER BAR

5900 WATER BAR

6000 CULVERT REMOVAL 18 5

6080 FILL REMOVAL

6110 WATER BAR

6310 WATER BAR

6450 WATER BAR

6590 WATER BAR

6690 WATER BAR NO SCARIFICATION BETWEEN 6690 AND 6950

6740 WATER BAR

CULVERT

DIA (INCH)

STATION

(FT)

BOTTOM WIDTH

(FT)WORK ITEM REMARKS

BEGIN ALL WORK ITEMS (provide 1' pathway)

SEE END OF 3065 WORK LIST FOR DISPOSAL OPTIONS

DEPTH - IN 3 OUT 4 WIDTH 2

FAR SIDE - PLACE MATERIAL AGAINST RT BANK -

MAINTAIN LEFT DITCH

JUNCTION ROAD 3056105 RIGHT

FAR SIDE NO MATERIAL TO BE PLACED WITHIN 30 FT

FROM TOP OF EXCAVATED CHANNEL, REMOVE

MATERIAL ON RIGHT UP STREAM SIDE OF FILL AS

MARKED BY F.S.

SEE END OF 3065 WORK LIST FOR DISPOSAL OPTIONS

DEPTH - IN 2 OUT 4 WIDTH 3

DEPTH - IN 2 OUT 4 WIDTH 3

DEPTH - IN 2 OUT 2 WIDTH 5

SEE END OF 3065 WORK LIST FOR DISPOSAL OPTIONS

FOR 5615 AND 5630

A-7 B-10 LENGTH 45 FT

LOWER OUTLET 2.5 FT

A-7 B-10 LENGTH 30 FT

ROAD 3056 WORK LIST

DEPTH - IN 2 OUT 4 WIDTH 3

DEPTH - IN 2 OUT 4 WIDTH 2 - REVERSE SKEW

6790 WATER BAR

6860 WATER BAR

6940 WATER BAR

7025 CULVERT REMOVAL 18 5

7410 CULVERT REMOVAL 24 10

8340 CULVERT REMOVAL 18 3

8521 CULVERT REMOVAL 18 3

8775 WATER BAR

9000 CULVERT REMOVAL 24 6

9140 END ROAD

0 BEGIN ROAD BEGIN ALL WORK ITEMS (provide 1' pathway)

35 WATER BAR

200 WATER BAR

295 WATER BAR

335 CULVERT REMOVAL 18 3

425 WATER BAR

490 WATER BAR

590 WATER BAR

690 WATER BAR

740 CULVERT REMOVAL 18 3

820 WATER BAR

975 CULVERT REMOVAL 18 3

1080 WATER BAR

1230 END ROAD END ALL WORK ITEMS

CULVERT 570 DISPOSAL OF EXCAVATED MATERIAL - PLACE NO MATERIAL BETWEEN CULVERT REMOVAL AND STA 850, PLACE APPROXIMATELY 1/2 OF EXCAVATED MATERIAL BETWEEN LOCATIONS - STA 850 TO 925 AND STA 1000 TO1300.

PLACE THE REMAINING 1/2 ON NEAR SIDE OF CULVERT REMOVAL.

CULVERT 4440 - DISPOSAL OF EXCAVATED MATERIAL - PLACE NO MATERIAL BETWEEN CULVERT REMOVAL AND STA

4780. MATERIAL CAN BE PLACED IN THE FOLLOWING LOCATIONS - STA 4780 TO 4930, STA 4310 TO CULVERT REMOVAL, AND STA 2920 TO 3900 (EXCLUDING CULVERT REMOVAL AT 3530).

CULVERT 5615 AND FILL REMOVAL 5630 DISPOSAL OF EXCAVATED MATERIAL - PLACE NO MATERIAL AGAINST CUT BANK

STA 5500 TO 5675, PLACE MATERIAL BETWEEN STA 5400 TO 5500.

REMARKSWORK ITEM

CULVERT

DIA (INCH)

BOTTOM WIDTH

(FT)

ROAD 3056105 WORK LIST

STATION

(FT)

STATION

(FT)

END ALL WORK ITEMS

ROAD 3056 WORK LIST (CONTINUED)

WORK ITEM

CULVERT

DIA (INCH)

BOTTOM WIDTH

(FT) REMARKS

0 BEGIN ROAD JUNCTION 3000137 AND 3000136

75 ROAD CLOSURE BERM BEGIN ALL WORK ITEMS (provide 1' pathway)

220 WATER BAR

350 CULVERT REMOVAL 18 5

500 WATER BAR

675 WATER BAR

975 CULVERT REMOVAL 24 120

1180 CULVERT REMOVAL 18 3

1380 CULVERT REMOVAL 18 3

1500 WATER BAR

1630 WATER BAR

1800 WATER BAR

2115 CULVERT REMOVAL 18 3

2300 WATER BAR

3250 WATER BAR

3390 CULVERT REMOVAL 18 3

3675 CULVERT REMOVAL 48

INLET 15

OUTLET 25

3950 CULVERT REMOVAL 18 3

4575 WATER BAR

5050 CULVERT REMOVAL 24

INLET 30

OUTLET 15

5200 END ROAD END ALL WORK ITEMS

ROAD 3000136 WORK LIST

STATION

(FT) WORK ITEM

CULVERT

DIA (INCH)

BOTTOM WIDTH

(FT) REMARKS

SEE END OF 3000136 WORK LIST FOR DISPOSAL OF

EXCAVATED MATERIAL OPTIONS

SEE END OF 3000136 WORK LIST FOR DISPOSAL OF

EXCAVATED MATERIAL OPTIONS

CULVERT 3675 DISPOSAL OF EXCAVATED MATERIAL - PLACE NO MATERIAL BETWEEN STATION 3575 AND 3740.

CULVERT 5050 - DISPOSAL OF EXCAVATED MATERIAL - PLACE NO MATERIAL BETWEEN STATION 4930 AND 5110. PLACE

APPROX 50% OF EXCAVATED MATERIAL IN LANDING AT END OF ROAD AND REMAINDER PRIOR TO STATION 4930

MEMORANDUM OF UNDERSTANDING

Between Washington State Department of Fish and Wildlife

And USDA Forest Service, Pacific Northwest Region

Regarding Hydraulic Projects Conducted by

USDA Forest Service, Pacific Northwest Region

This Memorandum of Understanding (MOU) is hereby entered into by and between the Washington State Department of Fish and Wildlife, hereinafter referred to as WDFW, and the USDA Forest Service, Pacific Northwest Region, hereinafter referred to as the Forest Service.

PURPOSE

The purpose of this MOU is to set forth the understanding reached between the WDFW and the Forest Service for Forest Service hydraulic projects on lands administered by the Forest Service within the State of Washington. There are differing legal views regarding the jurisdiction of WDFW over Forest Service activities that may affect waterbodies within the State of Washington. The WDFW maintains that hydraulic projects conducted within the State of Washington require the approval of WDFW prior to the start of the project pursuant to Chapter 77.55 RCW. The Forest Service maintains that there has not been a waiver of Federal sovereign immunity requiring such authorization for its projects.

SCOPE

Hydraulic projects subject to this MOU are those projects that involve work that will use, divert, obstruct, or change the natural flow, bed, or banks of any perennial or intermittent fresh or salt waters (waterbodies) and where the design and implementation are under the direct control of the Forest Service. Projects that are designed and implemented on National Forest System lands by other entities, where the Forest Service is not primarily responsible for implementation or contract administration, are not covered by this MOU.

STATEMENT OF MUTUAL BENEFITS AND INTERESTS

The WDFW has been established by the laws of the State of Washington to provide an adequate and flexible system for the management and protection of fish and aquatic resources of the state, and for the protection, maintenance, and enhancement of viable habitat for the perpetuation of these species;

The Forest Service, under the laws of the United States and regulations of the Secretary of Agriculture, is responsible for the protection, maintenance, and enhancement of water quality and aquatic habitat on National Forest System lands;

The WDFW and Forest Service share a common objective to protect, maintain, and enhance water, fish, and aquatic resources, and recognize their mutual desire to continue a long-standing working relationship;

The WDFW and Forest Service share the common purpose of developing, maintaining, and managing all of the natural resources in the best interests of the citizens of Washington and of the United States;

Therefore, in consideration of the above premises, the agencies agree to work in a cooperative spirit while carrying out their respective programs for the good of fish, water, and aquatic resources as follows:

FOREST SERVICE AGREES:

1. To recognize the WDFW is responsible for the protection, perpetuation, and management of fish life in the State of Washington. Fish life means all fish species, including but not limited to food fish, shellfish, game fish, and other nonclassified fish species and all stages of development of those species.

2. To coordinate and collaborate with WDFW on Forest Service hydraulic projects that may have an impact on fish and fish habitat in the State of Washington.

3. To encourage holders of special use permits, easements, rights-of-way or other occupancy authorities on National Forest System lands to acquire individual HPAs, as necessary, for their non-Forest Service projects.

WDFW AGREES:

1. To recognize the Forest Service as being responsible for the protection and enhancement of aquatic resources on National Forest System lands.

2. To recognize the Forest Service has multiple statutory requirements, regulatory direction, and authorities that provide a substantial amount of protection to aquatic resources.

IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE

SAID PARTIES THAT:

1. Both WDFW and the Forest Service possess substantial expertise in fish and fish habitat, engineering, and hydraulic project design and implementation.

2. The Forest Service’s objective is to meet or exceed the intent of WDFW’s standards and guidelines for fish and fish habitat for all Forest Service hydraulic projects.

3. The Forest Service shall notify WDFW of proposed Forest Service hydraulic projects by sending a National Environmental Policy Act (NEPA) scoping letter to the appropriate WDFW Regional Habitat Program Manager to for those hydraulic projects for which a scoping letter is issued. The scoping letter shall include project name, location, proposal description, and anticipated decision date in sufficient detail to enable WDFW to identify possible impacts to fish and fish habitats.

4. Communication and collaboration between the Forest Service and WDFW regarding Forest Service hydraulic projects will be critical to the successful implementation of this MOU. Forest Service aquatics personnel and WDFW Area Habitat Biologists are encouraged to discuss Forest Service projects, to work cooperatively on project designs, and to review ongoing or completed projects.

5. Appendix A of this MOU provides design and implementation standards for common types of Forest Service hydraulic projects.

6. Appendix B of this MOU provides a process for implementing types of Forest Service hydraulic projects that are not described in Appendix A, or for projects that do not meet both the general provisions and the project specific provisions specified in Appendix A. For these projects the Forest Service shall collaborate with WDFW to develop appropriate project designs and implementation provisions on a site-specific basis.

7. Appendix C of this MOU provides a process for implementing hydraulic projects conducted in response to emergency situations where immediate action is required to protect life, public or private property, or prevent serious environmental degradation arising from weather, high stream flows, other natural conditions, or fire.

8. Appendix D describes work periods for Forest Service hydraulic projects in this

MOU.

9. Disputes regarding hydraulic projects within the scope of this MOU shall be resolved at the field level in a cooperative and professional manner. In the event that issues cannot be resolved by field personnel in consultation with technical experts within the two agencies, the parties agree to elevate the issues of concern through equivalent levels of each organization until the conflict is resolved.

Unless the conflict involves an emergency action per Appendix C, or a project delay may cause substantial damage to public resources or risk to public safety the Forest Service will consider delaying any disputed hydraulic projects until conflicts are resolved. If the Forest Service makes the decision to proceed with a disputed project without reaching agreement with WDFW, the rationale for the decision shall be documented in a letter from the Forest Service Line Officer to the WDFW Regional Habitat Program Manager.

10. By March 31st of each year the Forest Service shall submit an annual report to

WDFW summarizing the Forest Service hydraulic projects that were completed under this MOU within the preceding calendar year. The report shall include general project types, amount of activity, and project locations. Data will be developed from existing databases such as Interagency Restoration Database (IRDA), National Resources Information System (NRIS) and Information Infrastructure Project (INFRA).

11. This agreement is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this agreement will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This agreement does not provide such authority. Specifically, this MOU does not establish authority for noncompetetive award to the cooperator of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.

12. This agreement in no way restricts the Forest Service or WDFW from participating in similar activities with other public or private agencies, organizations, and individuals.

13. Any information furnished to the Forest Service under this MOU is subject to the

Freedom of Information Act (5 U.S.C. 552).

14. This MOU is executed as of the last signature and is effective through January 31, 2010, at which time it will expire unless extended.

15. Modifications within the scope of the MOU shall be made by mutual consent of the parties, by issuance of a written modification, signed and dated by all parties, prior to any changes being performed.

16. Either party, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration.

17. The principal contacts for this MOU are:

Assistant Director Director Habitat Program Natural Resources Washington Department of Fish and Wildlife USDA Forest Service 600 Capitol Way N. Pacific Northwest

Region Olympia, WA 98502 PO Box 3623

(360) 902-2534 Portland, OR 97208

(503) 808-2955

18. The Forest Service and WDFW are currently engaged in settlement negotiations related to United States v. Washington, No. C70-9213, Subproceeding No. 01-1 (W.D. Wash.). If a settlement is reached, the terms of this MOU may need to be amended to reflect the terms of the settlement, and, it may affect the management of Forest Service culverts within Water Resource Inventory Areas 1-23 as defined in Section 173-500-040 of the Washington Administrative Code.

APPENDIX A. PROVISIONS AND STANDARDS FOR COMMON TYPES OF

FOREST SERVICE HYDRAULIC PROJECTS

HYDRAULIC PROJECTS COVERED BY APPENDIX A

Hydraulic project types which are included in Appendix A and which adhere to all applicable general and project-specific provisions may be implemented without further input on project design or implementation standards by WDFW Area Habitat Biologist and without further documentation, except annual reporting, by the Forest Service.

Projects which include minor modifications of the provisions in this appendix may also be implemented under Appendix A so long as the modifications have been coordinated with and agreed to by WDFW. Minor modifications are defined as changes that are unlikely to cause adverse effects to fish life. WDFW shall complete the coordination and transmit written documentation of agreements on minor modifications to project provisions to the Forest Service within 45 days of a request for collaboration.

Freshwater hydraulic projects conducted under Appendix A shall normally be implemented only during the work periods outlined in Appendix D. Because we recognize that local information may shift appropriate work windows, other timing will be allowed on a site-specific basis if Forest Service fisheries personnel and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal work period would be unlikely to cause negative impacts to fish and fish habitat. Agreed upon adjustments to work periods will be considered a “minor modification” to project provisions and will not exclude the project from being implemented under Appendix A.

The Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager if it becomes aware that project activities occur that do not adhere to Appendix A provisions. Additionally, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager of project activities that do adhere to these provisions but that may result in unanticipated fish or fish habitat damage.

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

1. Freshwater hydraulic projects shall normally be implemented only during the work periods outlined in Appendix D. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

2. Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill over a culvert that is in place. These projects are still bound by the other provisions in Appendix A. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside of the work periods specified in Appendix D.

3. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

4. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing waters are not subject to the work periods specified in Appendix D unless the USFS fish biologist determines the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

5. Any pump used for diverting water from a fish-bearing waterbody shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the waterbody through the pump intake.

6. Fish within construction sites that will be dewatered or isolated from the main waterbody shall be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all inwater activities.

7. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager. Outside of business hours, notification shall be made to the Washington State Emergency Management Division of the Department of Ecology at 1-800-258-5990.

Erosion and Wastewater Control

8. Alteration or disturbance of the bed, banks, and bank vegetation of waterbodies shall be minimized and limited to that necessary to construct the project.

9. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into waterbody. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into waterbodies shall be revegetated or protected from surface erosion by seeding, mulching, other methods prior to the fall rainy season.

10. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood.

11. Wastewater from project activities shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into waterbodies.

Heavy Equipment

12. The use of heavy equipment within the bankfull channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized.

13. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of all heavy equipment prior to its working within the bankfull channel in streams or below the ordinary high water line in lakes.

14. To prevent contamination, equipment used around waterbodies shall be free of external petroleum-based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, waterbodies, or wetlands to prevent delivery of potential contaminants. Spill containment equipment and material shall be on site.

Concrete and Treated Wood

15. Fresh concrete, concrete by-products, or other chemical contaminants shall not be allowed to enter waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

16. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of "Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

Other

17. A copy of this MOU shall be available on site at all times when work is conducted under the provisions of Appendix A.

Permanent Culvert, Bridge, and Ford Removal

NOTE: Permanent stream crossing structures include culverts, bridges, and fords of any size that have been in place for more than one year. The following provisions cover the permanent removal of these stream crossing structures.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting permanent culvert, bridge, or ford removal projects.

1. All fill material and man-made structures shall be removed from stream channels.

The natural stream channel profile shall be restored. Bottom width opening of the fill removal at stream channel crossings shall be equal to, or greater than, the natural bankfull channel width.

2. Streambanks shall be shaped to blend in to the existing natural banks upstream and downstream from the crossing removal.

3. Streambed substrates shall mimic the natural streambed characteristics upstream and downstream of the crossing removal. Large woody material and/or large rocks may need to be placed within the crossing removal site to accomplish this objective.

4. The toe of the excavation shall be stabilized with large wood, appropriately sized rock, and/or vegetation as necessary to prevent excessive erosion of the new streambanks.

5. When removing culverts or fords on fish-bearing streams, construction sites shall be dewatered or isolated from flowing waters to prevent generation of sediment and minimize turbidity.

6. Dewatering is not required for culvert or ford removals on non-fish bearing streams unless substantial excavation of stream channel or culvert bedding materials will be required after the existing culvert or structure is removed.

7. Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary.

APPENDIX D. WORK PERIODS FOR HYDRAULIC PROJECTS

Freshwater hydraulic projects conducted under this MOU will normally be implemented only during the work periods outlined in Table 1. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish and fish habitat. Any agreements to modify the work periods in Table 1 for specific projects or specific sites shall be documented by WDFW.

Agreed-upon adjustments to work periods will be considered a “minor modification” to project provisions and will not exclude the project from being implemented under Appendix A.

Table 1 is subject to change by WDFW as warranted by new biological information.

Revised versions of Table 1 shall be forwarded to the Forest Service by WDFW and shall be immediately incorporated into this MOU.

Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Table 1. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill over a culvert that is in place. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside of the work periods specified in Appendix D. These projects are still bound by the other provisions within this MOU.

Hydraulic projects conducted in intermittent streams that are dry and are anticipated to remain dry during project activities are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life. In that case the work periods specified in Appendix D apply.

Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing waters are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life. In that case the work periods specified in Appendix D apply.

Work periods for hydraulic projects conducted in saltwater shall be established collaboratively with WDFW on a site-by-site basis.

Work window is July 1 through September 30.

WD 77-0209 (Rev.-40) was first posted on www.wdol.gov on 06/22/2010 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

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1977-0209 Director Determinations | Revision No: 40 | Date Of Revision: 06/15/2010 State: Washington Area: Washington Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Forestry Industry

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 13.43 08040 - Choker Setter 16.09 08070 - Faller/Bucker 22.93 08100 - Fire Lookout 10.24 08160 - Forestry/Logging Heavy Equipment Operator 18.18 08190 - Forestry Technician 18.18 08200 - Forestry Truck Driver 18.18 08250 - General Forestry Laborer 13.42 08280 - Nursery Specialist 16.64 08310 - Slash Piler/Burner 10.24 08340 - Tree Climber 15.02 08370 - Tree Planter 13.43 08400 - Tree Planter, Mechanical 13.43

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.50 per hour or $140.00 per week or $606.67 per month

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; 2 weeks after 2 years; and 3 weeks after 5 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 4174)

** 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:

7/8/2010http://www.wdol.gov/wdol/scafiles/non-std/77-0209.sca

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, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

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. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (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 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, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

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 insure 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.

R6-FS-6300-52 (5/97)

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

1. Fire Period and Closed Season Specific fire prevention measures are listed below and shall be effective for the period April 1 to October

31 of each year. The Forest Service may change the dates of said period by advance written notice if justified byunusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

2. Fire Plan

Before star ting any op erations on the p roject, the Contracto r, Per mittee, Lic ensee, o r Purchase r, hereinafter referred to as the "Contractor," shall prep are a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season, and shall update such certification when operations change

3. Substitute Measures

The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

4. Emergency Measures

The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

5. Fire Control

The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters. The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.

6. Compliance with State Forest Laws

Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

7. Fire Precautions

Specific fire precautionary measures are as follows:

a. Smoking and Open Fires

Smoking and f ires shall be perm itted only at the opti on of the Contracto r. The Contractor sha ll not allow open fires on the project area without advance permission in writing from Forest Service.

Unless restricted by State Law or Federal Regulation, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall sit down to smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

b. Fire Extinguishers and Equipment on Trucks, Tractors, etc.

All power-driven equipment operated by the Contract or on National Forest land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 BC, and one "D" handled or long handled round point shovel, size "0" or larger. In additio n, each motor patrol, truck and passenger-carrying vehicle sh all be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.

Equipment shall be kept in a serviceable condition and shall be readily available.

c. Power Saws

Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger.

The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

d. Extinguishers

One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available.

e. Spark Arresters and Mufflers

Each internal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Forest Service Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(1) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass

(2) A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory-designedmuffler complete with baffles and an exhaust system in good working condition.

(3) A heavy duty truck, such as a dump or log truck, or other vehicleused for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

f. Emergency Fire Precautions

The Contractor shall restrict operations in accordance with the Industrial Fire Precaution Levels listed below. The Forest Service may change the Industrial Fire Precaution Levels to other values upon revision of the National Fire Danger Rating System and may change the specific Industrial Fire Precaution Levels when such changes are necessary for the protection of the National Forest. When sent to the Contractor, the revised Industrial Fire Precaution Levels will supersede the attached levels

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

INDUSTRIAL FIRE PRECAUTION (IFPL)

LEVEL

I. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all higher levels unless otherwise waived.

II. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m., local time:

a. power saws, except at loading sites;

b. cable yarding;

c. blasting;

d. welding or cutting of metal.

III. Partial shutdown - The following shall be prohibited except as indicated:

Cable yarding - except that gravity opera ted logging system s e mploying non-motorized carriages may be operated betw een the hours of 8 p.m . and 1 p.m ., local time, when all block and m oving lines, except the line between the carriage and the chokers, are suspended 10 feet above the ground;

Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m., local time.

In addition, the following are permitted between the hours of 8 p.m. and 1 p.m., local time:

a. tractor/skidder operations;

b. mechanized loading and hauling of any product or material;

c. blasting;

d. welding or cutting of metal;

e. any other spark-emitting operation not specifically mentioned.

IV. General shutdown - All operations are prohibited.

The following definitions shall apply to these Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.

Closed season (Fire Precautionary Period): That season of the year when a fire hazard exists as declared by the responsible agency official.

Contracting Officer: The person executing the contract, permit or license on behalf of the Government and includes that person's designated representative, acting within the limits of their authority or the duly appointed successor to the individuals.

Loading sites/woods site/project area: A place where any product or material

(including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck or other vehicle

Low hazard area: Means any area where the responsible agency representative

(WDNR, ORF, BIA, BLM) determines the combination of elements reduces the probability of fire starting and/or spreading.

Tractor/skidder operations: include a harvesting operation, or portion of a harvesting operation, where tractors, skidders, or other harvesting equipment capable of constructing fireline, are actively yarding forest products and can quickly reach and effectively attack a fire start.

Waivers, written in advance, may be used for any and all activities. Activities for which waivers may be issued include, but are not limited to:

a. mechanized loading and hauling;

b. road maintenance such as sprinkling, graveling, grading and paving;

c. cable yarding using gravity systems or suspended lines and blocks, or other yarding systems where extra prevention measures will significantly reduce the risk of fire;

d. powers saws at loading sites or in felling and bucking where extra prevention measures will significantly reduce the risk of fire;

e. maintenance of equipment (other than metal cutting and welding) or improvements such as structures, fences and powerlines.

Such waiver, or substitute precautions will prescribe measures to be taken by the Contractor to reduce the risk of ignition, and/or the spread of fire. The Contracting Officer shall consider site specific weather factors, fuel conditions, and specific operations that result in less risk of fire ignition and/or spread than contemplated when precaution level was predicted. Consideration shall also be given to measures that reduce the precaution levels above. The Contractor shall assure that all conditions of such waivers or substitute precautions are met.

The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to the start of work, from the appropriate Ranger District headquarters. If predictions made after 6:00 p.m., local time, are significantly different than the original prediction, the Forest Service will inform the Contractor when changes in restrictions or industrial precautions are made.

NOTE: The IFPL system does not apply on lands protected by ODF east of the summit of the Cascades.

Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than industrial precaution level system.

8. Fire Tools

The Contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool box or compartment of sound construction with a hinged lid and hasp so arranged that the box can be secured or sealed. The box shall be red and marked "Fire Tools" in letters one inch high. It shall contain a minimum of:

a. 2 axes or Pulaskis with a 32-inch handle;

b. 3 adze eye hoes. One Pulaski may be substituted for 1 adze eye hoe;

c. 3 long-handled, round point shovels, size "0" or larger.

9. Fire Security

When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is granted, the Contractor shall designate a person who shall perform fire security services listed below on the project area and vicinity. The designated person shall be capable of operating the Contractor's communications and fire fighting equipment specified in the contract, excluding helicopters, and of directing the activities of the Contractor's personnel on forest fires. In lieu of having the designated person perform the required supervisory duties, the Contractor may provide another person meeting the qualifications stated above to direct the activities of Contractor's personnel and equipment during all fire fighting activities.

Services described shall be for at least 1 hour from the time the Contractor's operations are shut down. For the purposes of this provision, personnel servicing equipment, and their vehicles, who are not engaged in cutting or welding metal are excluded.

Fire security services shall consist of moving throughout the operation area or areas constantly looking, reporting, and taking suppression action on any fires detected. Where possible, the designated person shall observe inaccessible portions of helicopter operating areas from vantage points within or adjacent to project area.

Blasting

Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped with a long-handled, round point, No. "0" or larger, shovel, and a five-gallon backpack pump can filled with water will stay at location of blast for 1 hour after blasting is done. Blasting m ay be suspended by Forest Serv ice in writing, in an area of high rate of spread and resistance to control.

Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest Service, which may specify conditions under which such explosives may be used and precautions to be taken.

Additional Fire Precautionary Measure 1 - Tank Truck

11. The Contractor shall provide a tank truck or trailer, containing not less than 300 gallons of water, during yarding, loading, land clearing, right-of-way clearing and mechanical treatment of slash. A tank truck or trailer will not be required if powersaw falling and bucking is the only operation. Such tank truck or trailer shall be maintained in a serviceable condition and located within 10 minutes, round trip, from each project area during fire period and closed seasonFire Period and Closed Season.

The tank truck or trailer shall be equipped with a pump capable of discharging 20 gallons of water per minute, using a 1/4 inch nozzle tip, through a 50 foot length of rubber line hose.

In addition, 500 feet of serviceable fabric jacket rubber lined hose of not less than 1 inch outside diameter, fitted with a nozzle capable of discharging a straight stream of 1/4 inch diameter and a spray pattern shall be immediately available for use. The tank, pump and at least 250 feet of hose and nozzle shall be connected and ready for use at all times.

If a trailer is used, it shall be equipped with a hitch to facilitate prompt movement. A serviceable tow vehicle shall be immediately available for attachment to the trailer and must meet the time requirements stated above. Such truck or trailer shall be equipped to operate for a minimum of 8 hours. Tank truck or trailer shall be available from the start of work to the end of the Fire Watch / Fire Security service.

Additional Fire Precautionary Measure 2 - Communications

12. The contractor shall provide adequate two-way communication facilities to report a fire to Forest Service within 15 minutes of detection. FCC Regulations prohibit commercial use of Citizen Band (CB) radios. (CB's are not considered adequate two-way communications).

Such communications shall be operable during periods of operation of power-driven equipment, including the time fire security is required. Fire Period and Closed Season

USDA Forest Service R6-FS-6300-55 (2/84)

Fire Plan

(For use with Forms R6-6300-50, R6-FS-6300-51, and R6-FS-6300-52)

Contractor Contract Number

Project Name Contract Performance Period

Contractor's Representative for Fire Matters

Name Title Office Phone Hom e Phone

Contracting Officer's Representative

Name Office Phone Hom e Phone

Forest Service Inspector(s)

Name Office Phone Hom e Phone

Action by Contractor

The Contractor shall take on reasonable…