Appendix_B.pdf

Lockhart One Stewardship Contract Appendix B

Timber Removal Specifications

AT Division

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.1.6 Other Material CT.2 Utilization and Removal of Included Timber CT.3 Timber Designations 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.4.2 Integrated Resource Account

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.4.1.4 Limbing GT.4.2 Skidding and Yarding 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 PROVISIONS APPLICABLE TO THIS CONTRACT

RO-KT-CT.1.1# Timber Subject to Agreement RO-KT-CT.2.1# Optional Removal RO-KT-CT.3.0.1# Cutting Unit Boundaries RO-KT-CT.3.5.5# Individual Trees (Cut tree marking) RO-KT-ET.3.1# Blanket Bond RO-KT-FT.1.2.4 Existing Roads RO-KT-FT.3.1# Road Maintenance Requirements RO-KT-FT.3.2# Road Maintenance Deposit Schedule RO-KT-FT.3.4# Obliteration of Temporary Roads, Skid Trails and Landings RO-KT-FT.3.6# - Snow Removal RO-KT-GT.2.2.3 Protection of Fences and Cattleguards RO-KT-GT.4.2# Skidding and Yarding (Special Objectives) RO-KT-GT.4.7 Conduct of Logging (in other than Engelmann spruce beetle trap areas) RO-KT-GT.6# Erosion Prevention and Control RO-KT-GT.6.0.1# - Erosion Control Seeding RO-KT-GT.6.0.2# Protection of Disturbed Areas from Establishment of Noxious Weeds RO-KT-GT.7# Slash Treatment RO-KT-GT.7.1 Change in Slash Treatments RO-KT-GT.7.2# Temporary Road Construction Slash Disposal RO-KT-GT.7.3# Timing of Slash Disposal.

RO-KT-GT.8# Measuring RO-KT-GT.8.1# Accountability RO-KT-HT.2 Fire Precautions WO-KT-IT.6.8# Use of Timber (Option 1) (9/04)

Division AT AT.2 Timber Information

Location and Area:

This Contract Area of 3516 acres, more or less, is located in Sections 24, 25 and 36 T49N, R15W, Sections, 19, 20, 28, 29, 30, 31, 32 and 33 T49N R14W New Mexico Principal Meridian, Montrose County, Colorado.

Volume Estimate and Utilization Standards

Species Group Product Estimated Quantity

Unit of Measure

Minimum Specifications Merchantable Tree Piece Required to be Removed

Diameter Breast High

(d.b.h.)

(inches)

Number of

Minimum Pieces per Tree

Length

(feet)

Diameter Inside

Bark at Small End

(inches)

Merch Factor

AF & O Sawtimber (01)

579.3

CCF (03)

8.0

8.0

6.0

10.67

DF & O Sawtimber (01)

1963.8

ES & BS Sawtimber (01)

4677.7

PP & O Sawtimber (01)

153.6

AF & O (POL) POL (14) 517.1 5.0 6.5 4.0 N/A

AS (POL) POL (14) 3031.9 8.0 8.0 5.0 8.0

Timber Subject to Agreement N/A

Total Quantity 10923

Timber Designations, acres are approximate:

Number Acres Clearcutting Units (CT.3.1)

Overstory Removal Units (CT.3.3)

Understory Removal Units (CT.3.4)

Individual Trees (CT.3.5) 1, 2, 3, 5, 6, 7, 8, 9A, 9B, 10, 11, 12, 13

Incompletely Measured (CT.3)

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

High Stumps

Species Product Maximum Stump Height (inches)

All All 12.0

Payment Unit, Species and Product Volume

Payment Unit

Acres Species Product Quantity Unit of

Measure Payment Rate

Surface Rock Replacement

AF & O Sawtimber (01) 31.5

DF & O Sawtimber (01) 106.8

ES & BS Sawtimber (01) 254.3

PP & O Sawtimber (01) 8.4

AF & O (POL) POL (14) 28.1

AS (POL) POL (14) ---

AF & O Sawtimber (01) 6.6

DF & O Sawtimber (01) 22.2

ES & BS Sawtimber (01) 53.0

PP & O Sawtimber (01) 1.7

AF & O (POL) POL (14) 5.9

AS (POL) POL (14) ---

AF & O Sawtimber (01) 27.6

DF & O Sawtimber (01) 93.4

ES & BS Sawtimber (01) 222.5

PP & O Sawtimber (01) 7.3

AF & O (POL) POL (14) 24.6

AS (POL) POL (14) 199.6

AF & O Sawtimber (01) 69.5

DF & O Sawtimber (01) 235.8

ES & BS Sawtimber (01) 561.5

PP & O Sawtimber (01) 18.4

AF & O (POL) POL (14) 62.1

AS (POL) POL (14) 503.7

AF & O Sawtimber (01) 80.0

DF & O Sawtimber (01) 271.3

ES & BS Sawtimber (01) 646.3

PP & O Sawtimber (01) 21.2

AF & O (POL) POL (14) 71.4

AS (POL) POL (14) 579.8

AF & O Sawtimber (01) 58.4

N/A DF & O Sawtimber (01) 197.9

ES & BS Sawtimber (01) 471.5

PP & O Sawtimber (01) 15.5

AF & O (POL) POL (14) 52.1

AS (POL) POL (14) 423.0

AF & O Sawtimber (01) 105.6

DF & O Sawtimber (01) 358.1

ES & BS Sawtimber (01) 852.9

PP & O Sawtimber (01) 28.0

AF & O (POL) POL (14) 94.3

AS (POL) POL (14) 765.1

9A

AF & O Sawtimber (01) 9.2

DF & O Sawtimber (01) 31.1

ES & BS Sawtimber (01) 74.2

PP & O Sawtimber (01) 2.4

AF & O (POL) POL (14) 8.2

AS (POL) POL (14) ---

9B

AF & O Sawtimber (01) 35.4

DF & O Sawtimber (01) 120.1

ES & BS Sawtimber (01) 286.1

PP & O Sawtimber (01) 9.4

AF & O (POL) POL (14) 31.6

AS (POL) POL (14) ---

AF & O Sawtimber (01) 78.1

DF & O Sawtimber (01) 264.7

ES & BS Sawtimber (01) 630.4

PP & O Sawtimber (01) 20.7

AF & O (POL) POL (14) 69.7

AS (POL) POL (14) ---

AF & O Sawtimber (01) 19.7

DF & O Sawtimber (01) 66.7

ES & BS Sawtimber (01) 158.9

PP & O Sawtimber (01) 5.2

AF & O (POL) POL (14) 17.6

AS (POL) POL (14) 142.6

AF & O Sawtimber (01) 40.0

DF & O Sawtimber (01) 135.7

ES & BS Sawtimber (01) 323.1

PP & O Sawtimber (01) 10.6

AF & O (POL) POL (14) 35.7

AS (POL) POL (14) 289.9

AF & O Sawtimber (01) 17.7

CCF (03)

N/A

DF & O Sawtimber (01) 60.1

ES & BS Sawtimber (01) 143.0

PP & O Sawtimber (01) 4.7

AF & O (POL) POL (14) 15.8

AS (POL) POL (14) 128.3

Total 883

CCF (03) $ $ N/A

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

PROVISIONS 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 Provisions in this Division are subject to Specific Conditions of the contract stated in Division A. Wherever appropriate, Specific Conditions established in Division A are herein cited by reference number. References to Standard Provisions also apply to Special KT Provisions with the same numbers. These provisions are applicable only to the timber removal portion of the Lockhart One Stewardship Contract except where otherwise specifically referenced.

BT.0—CONTRACT AREA

BT.1 Contract Area Map. The boundaries of "Payment Units" and any subdivision thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before advertisement, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Payment Units and its approximate acreage are stated in Division A. Payment Units may be revised and additional ones may be established only by written agreement. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Subdivisions defined where timber is to be Measured or Marked after date of advertisement;

(c) Boundaries of cutting units;

(d) Areas where leave trees are Marked to be left uncut;

(e) Specified Roads listed

(f) Sources of base course, rock riprap and surface rock;

(g) Roads where log hauling is prohibited or restricted;

(h) Roads and trails to be kept open;

(i) Improvements to be protected;

(j) Locations of known historical sites;

(k) Maximum stump heights when more than one height is listed by areas;

(l) Skidding or yarding methods specified;

(m) Streamcourses to be protected; and

(n) Other features required by Division C.

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:

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. Live 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 Payment Units, except as otherwise provided.

Contract Area Map indicates subdivisions, if any, where Marking is to be done after advertisement, except for construction clearing, minor changes, and damaged timber. The boundaries of cutting units were plainly marked on ground before advertisement and are shown on Contract Area Map. The number of units and approximate acreage of timber designations are stated in Division AT.

CT.3.1 Clearcutting Units. All trees that meet Utilization Standards within “Clearcutting Units” are designated for cutting.

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.

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.3.1, CT.3.2, CT.3.3, and CT.3.4, 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 and B2 of the Schedule of Items.

In the event Termination Date 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, 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.4.2.1 Designated Timber Cut But Not Removed. Standard timber shall be removed prior to acceptance of a Payment Unit for completion of logging. There shall be no charge when (a) leaving the incidental material is justified under existing conditions, or (b) Cut timber is left by option or requirement.

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.

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 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.4.2 Integrated Resource Account. “Integrated Resource 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 Base Rates and Required Deposits.

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 provisions 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 OCTOBER 31, for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather permits operations after OCTOBER 31, 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 KT-GT.7 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) West of the 100th meridian, paint with a spot of highway-yellow paint all domestic processing products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter. Each paint spot must be not less than three (3) square inches in size.

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

All hammer brands and/or highway-yellow paint must remain on logs until they are domestically processed. Contractor shall replace identifying marks if they are lost, 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 Timber Payment Guarantee, Section 12, shall be considered to be paid for. Title to any Included Timber that has been cut, scaled and paid for, but not removed from Contract Area or other authorized cutting area by Contractor on or prior to contract termination, shall remain in Forest Service.

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.

RO-KT-CT.2.1# - OPTIONAL REMOVAL. (11/06) Notwithstanding the requirements of CT.2, all products meeting utilization specifications in AT.2 shall be removed with the exception that material meeting specifications in the following schedule may be left at sites designated by the Forest Service at the option of the Contractor. Treatment of Optional Material will be subject to the conditions listed in KT-GT.7# - Slash Treatment.

Specifications of Material Cutting Unit Species/Product Subject to Optional Removal

AS (Aspen)

RO-KT-CT.2.1#- CUTTING UNIT BOUNDARIES. (11/06) The boundaries of cutting units are designated as shown in the following table. The trees used for boundary designation are not to be cut.

Cutting Unit Boundary Designation Table

Cutting Unit Paint Color Designation All Orange

One orange stripe facing into the cutting unit Two orange dots at ~4.5 feet in height facing the direction of the boundary line. Boundary trees have an orange mark below stump height on the downhill side of the tree. Cutting unit numbers are placed intermittently along the line as shown in the diagram below.

RO-KT-CT.3.5.5# - INDIVIDUAL TREES (CUT TREE MARKING). (11/06) Notwithstanding CT.3.5, individual trees are designated for cutting only if marked above and below stump height as show in the table below:

Cutting Unit Paint Color Paint color

Unit 9A, 9B Blue*

* Trees marked with black paint in any of the cutting units shown above have been cancelled using black paint prior to volume estimation. Any trees showing black paint obscuring a blue mark shall NOT be considered designated for cutting.

RO-KT-CT.3.5.6# - INDIVIDUAL TREES (LEAVE TREE MARKING). (11/06) Notwithstanding CT.3.5, all live, dead and windthrown trees meeting utilization standards in AT.2, in units shown as LTM on the Contract Area Map, are designated for cutting. Trees to be left uncut are marked above and below stump height as shown in the table below.

Cutting Unit Paint Color Paint color

1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 13 Orange*

* Trees marked with black paint in any of the cutting units shown above have been cancelled using black paint prior to volume estimation. Any trees showing black paint obscuring a blue mark shall NOT be considered designated for cutting.

RO-KT-FT.1.2.4 – EXISTING ROADS AND TRAILS. (11/06) Notwithstanding FT.1.2, existing roads not shown on Contract Area Map may be used upon written agreement of use restrictions and closure requirements following completion of use.

Road Road Termini Map Description of

Number Name From To Legend Restrictions

All Roads N/A N/A KO, R

Keep Open and Passable. No log or heavy equipment hauling on holidays or weekends from 6:00 pm Friday to midnight Sunday, year around. All snowplowing and snow removal to be allowed on an annual basis per written agreement between purchaser and Forest Service. Falling, skidding or hauling operations shall not restrict or impair use of system roads as shown on Contract Area Map.

All Trails N/A N/A N/A

No hauling or skidding shall take place on National Forest System Trails. Falling, skidding or hauling operations shall not restrict or impair use of system trails as shown on Contract Area Map.

RO-KT-FT.3.4# - OBLITERATION OF TEMPORARY ROADS, SKID TRAILS AND LANDINGS. (11/06) Unless otherwise agreed in writing, temporary roads, skid trails and landings associated with the cutting unit(s) listed in the following table shall be obliterated using the method described.

Cutting Unit(s) Type of Facility Closure Method

ALL Landings -Mechanically rip landings to a depth of 6 to 12 inches, except where bedrock limits ripping depth.

-Obstruct area with a combination non-commercial cull material, tops and logging slash, not to exceed a depth of 24 inches. Slash should be distributed throughout the entire extent of the landing area and should cover at least 50% but no more than 80% of the disturbed ground surface.

ALL Skid Trails, Temporary Roads (except 47 Trail)

-Mechanically rip roads to a depth of 6 to 12 inches, except where bedrock limits ripping depth.

-Obstruct roads with a combination non-commercial cull material, tops and logging slash, not to exceed a depth of 24 inches. Non-commercial material and tops of 3 inches or larger should be placed perpendicular to roadway at least every 15 to 20 feet of road length. Slash should be distributed throughout the entire length of the road and skid trail and should cover at least 50%% but no more than 80% of the disturbed ground surface.

-Temporary roads shall be obstructed at intersections with all non-system roads with an impassable water bar or berm.

8, 11, 12 47 Trail 47 Trail will be rehabilitated to an ATV specific trail following use as temporary road as a separate service item (See Appendix A-Service Provisions).

RO-KT-FT.3.6# - SNOW REMOVAL. (11/06) Snow removal shall be done in a manner to preserve and protect the roads to insure safe and efficient transportation and to prevent unacceptable erosion damage to roads, streams, and adjacent lands.

A. All snow removal completed shall be subject to mutual agreement between Contractor and the Forest Service.

B. Description. Snow removal work by Contractor shall include:

1. Removal of snow from entire road surface width including turnouts.

2. Removal of snow slides, minor earth slides, fallen timber and boulders that obstruct normal road surface width including turnouts.

3. Maintain drainage so that the drainage system will function efficiently.

C. Performance. All items of snow removal shall be done currently as necessary to insure safe, efficient transportation. Work shall be done in accordance with the following minimum standards of performance.

1. Removal of material. All debris, except snow and ice, that is removed from the road surface and ditches shall be deposited away from stream channels at agreed locations.

2. During snow removal operations, banks shall not be undercut nor shall gravel or other selected surfacing material be bladed off the roadway surface.

3. Ditches and culverts shall be kept functional during and following roadway use.

4. Snow berms shall not be left on the road surface. Berms left on the shoulder of road shall be removed and/or drainage holes shall be opened and maintained. Drainage holes shall be spaced as required to obtain satisfactory surface drainage without discharge on erodible fills.

5. Dozers and skidders shall not be used to plow snow on system roads without written approval of Forest

Service. Upon approval, dozers and skidders must be equipped with shoes or runners to keep the plow blade a minimum of 4 inches above the road surface unless specifically removed from the requirements in writing.

6. Snow must not be removed to the road surface. A minimum 4 inch depth must be left to protect the roadway.

7. Contractor's damage from, or as a result of, snow removal shall be restored in a timely manner.

RO-KT-ET.3.1# - BLANKET BOND. (11/06) If Contractor furnishes an acceptable bond or deposits securities, in accordance with ET.3, to guarantee payment for timber from this and other timber contracts within the same Contracting Zone, the amount of such bond or deposited securities shall be allocated to such contracts by Forest Service. When there is to be no timber cutting hereunder for 30 calendar days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor's request, and Contractor shall not start cutting hereunder until this contract receives an allocation which will meet the obligation for payment guarantee.

A Contracting Zone as stated in this provision contains the following National Forests:

Contracting Zone National Forests

South Zone Grand Mesa, Uncompahgre, and Gunnison, Rio Grande, San Juan, Pike and San Isabel

KT-FT.3.1# – ROAD MAINTENANCE REQUIREMENTS. (9/04) Contractor shall maintain roads in accordance with the following Contract Road Maintenance Requirements Summary:

Contract Road Maintenance Requirements Summary

Termini Applicable Pre-haul Road Maintenance Specifications

Road From To Miles

T-800 T-801 T-802 T-803 T-804 T-805 T-807 T-808

507.1A MP 0 Jct with

NFSR 507

1.2 P P P P P P P P

507 Jct w/NFSR 507.1A

Jct w/NFSR

2.8 P P P P P P P P

P = Contractor Performance Item, D = Deposit to Forest Service, D3 = Deposit to Third Party

Termini Applicable Road Maintenance Specifications

Road From To Miles

T-800 T-801 T-802 T-803 T-804 T-805 T-807 T-808

507.1A MP 0 Jct with NFSR

1.2 P P P P P P P P

507 Jct w/NFSR 507.1A

Jct w/NFSR

2.8 P P P P P P P P

402 Jct w/NFSR Western Edge of Contract Area

Jct w/NFSR

7.9 P P P P P P P P

503 Jct w/NFSR

Forest Boundary

9.3 P P P P P P P P

P = Contractor Performance Item, D = Deposit to Forest Service, D3 = Deposit to Third Party

Road Maintenance T-Specifications for

Stewardship Contracts

No. Specification Title

T-800 Definitions

T-801 Slide and Slump Repair

T-802 Ditch Cleaning

T-803 Surface Blading

T-804 Surfacing Repair

T-805 Drainage Structures

T-807 Roadway Vegetation

T-808 Miscellaneous Structures

SPECIFICATION T-800 DEFINITIONS

Wherever the following terms or pronouns are used in Specifications T-801 through T-811, the intent and meaning shall be interpreted as follows:

800-1.1 - Agreement. Maintenance projects require a mutually acceptable method to resolve the problems which arise when incompatible situations arise between drawings and specifications and actual conditions on the ground to allow orderly and satisfactory progress of the maintenance.

These specifications have been developed in anticipation of those problem areas and have provided that such changes will be by Agreement.

It is intended that drawings and specifications will govern unless "on-the-ground" conditions warrant otherwise, when specifications call for "Agreement", "agreed", or "approval" such Agreement or approval shall be promptly confirmed in writing.

800-1.2 - Annual Road Maintenance Plan. A plan prepared by various users of one or several roads. The plan is an Agreement on maintenance responsibilities to be performed for the coming year.

800-1.3 - Base Course. Material used to reinforce Subgrade or, as shown on drawings, placed on Subgrade to distribute wheel loads.

800-1.4 - Berm. Curb or dike constructed to prevent Roadway runoff water from discharging onto embankment slope.

800-1.5 - Borrow. Select Material taken from designated borrow sites.

800-1.6 - Crown, Inslope, and Outslope. The cross slope of the Traveled Way to aid in drainage and traffic maneuverability.

800-1.7 - Culverts. A conduit or passageway under a road, trail, or other obstruction. A culvert differs from a bridge in that it is usually entirely below the elevation of the Traveled Way.

800-1.8 - Drainage Dip. A dip in the Traveled Way which intercepts surface runoff and diverts the water off the Traveled Way. A Drainage Dip does not block the movement of traffic.

T-800-1

800-1.9 - Drainage Structures. Manufactured structures which control the runoff of water from the Roadway including Inslope, overside drains, aprons, flumes, downdrains, downpipes, and the like.

800-1.10 - Dust Abatement Plan. A table which lists the road, dust palliative, application rates, and estimated number of subsequent applications.

800-1.11 - Lead-off Ditches. A ditch used to transmit water from a Drainage Structure or Drainage Dip outlet to the natural drainage area.

800-1.12 - Material. Any substances specified for use in the performance of the work.

800-1.13 - Prehaul Maintenance. Road maintenance work which must be accomplished to maintain the roads to a satisfactory condition commensurate with the Contractor's use, provided Contractor's Operations do not damage improvements under B6.22 or National Forest resources and hauling can be done safely. This work will be shown in the Annual Road Maintenance Plan as provided in C5.31#.

Prehaul Maintenance work the Contractor elects to perform will be in compliance with the Road Maintenance T- Specifications.

800-1.14 - Roadbed. The portion of a road between the intersection of Subgrade and sideslopes, excluding that portion of the ditch below Subgrade.

800-1.15 - Road Maintenance Plan. A table which shows applicable road maintenance specifications to be performed by Contractor on specific roads.

800-1.16 - Roadside. A general term denoting the area adjoining the outer edge of the Roadway.

800-1.17 - Roadway. The portion of a road within the limits of excavation and embankment.

800-1.18 - Shoulder. That portion of Roadway contiguous with Traveled Way for accommodation of stopped vehicles, for emergency use, and lateral support of base and Surface Course, if any.

800-1.19 - Slide. A concentrated deposit of Materials from above or on backslope extending onto the Traveled Way or Shoulders, whether caused by mass land movements or accumulated ravelling.

T-800-2

800-1.20 - Slough. Material eroded from the backslope which partially or completely blocks the ditch, but does not encroach on the Traveled Way so as to block passage of traffic.

800-1.21 - Slump. A localized portion of the Roadbed which has slipped or otherwise become lower than that of the adjacent Roadbed and constitutes a hazard to traffic.

800-1.22 - Special Project Specifications. Specifications which detail conditions and requirements peculiar to the individual project.

800-1.23 - Subgrade. Top surface of Roadbed upon which Base Course or Surface Course is constructed. For roads without Base Course or Surface Course, that portion of Roadbed prepared as the finished wearing surface.

800-1.24 - Surface Course. The Material placed on Base Course or Subgrade primarily to resist abrasion and the effects of climate. Surface Course may be referred to as surfacing.

800-1.25 - Surface Treatment Plan. A table which lists the roads and surface treatments to be applied.

800-1.26 - Traveled Way. That portion of Roadway, excluding Shoulders, used for the movement of vehicles.

800-1.27 - Turnouts. That portion of the Traveled Way constructed as additional width on single lane roads to allow for safe passing of vehicles.

800-1.28 - Water Source. A place designated on the Road Maintenance Map for acquiring water for road maintenance purposes.

800-1.29 - Waterbar. A dip in the Roadbed which intercepts surface runoff and diverts the water off the Roadway.

A Waterbar is not designed to be traversable by logging trucks.

T-800-3

SPECIFICATION T-801 SLIDE AND SLUMP REPAIR

DESCRIPTION

1.1 Slide removal is the removal from Roadway and disposal of any Material, such as soil, rock, and vegetation that cannot be routinely handled by a motorgrader during Ditch Cleaning, T-802, and Surface Blading, T-803 Operations.

Slump repair is the filling of depressions or washouts in Roadway which cannot be routinely filled by a motor grader during Surface Blading, T-803 Operations.

Slide removal and Slump repair includes excavation, loading, hauling, placing, and compacting of waste or replacement Material and the development of disposal or borrow areas.

REQUIREMENTS

3.1 Slide Material, including soil, rock and vegetative matter which encroaches into the Roadway, shall be removed. The slope which generated the Slide Material shall be reshaped during the removal of the Slide Material with the excavation and loading equipment. Slide Material deposited on the fillslope and below the Traveled Way will not be removed unless needed for slope stability or to protect adjacent resources.

Surface and Base Courses shall not be excavated during Slide removal operations.

Slide Material which cannot be used for other beneficial purposes shall be disposed of at disposal sites shown on Timber Removal Area Map. Material placed in disposal sites will not require compaction unless compaction is shown on Road Maintenance Plan.

T-801-1

3.2 When filling Slumps or washouts, Material shall be moved from agreed locations or borrow sites, placed in layers, and compacted by operating the hauling and spreading equipment uniformly over the full width of each layer.

Existing aggregate surfacing shall be salvaged when practical and relaid after depressions have been filled.

Damaged aggregate base, aggregate surfacing, and bituminous pavement shall be repaired under Specification T- 804 Surfacing Repair.

The repaired areas of the Slump shall conform to the cross-section which existed prior to the Slump and shall blend with the adjacent undisturbed Traveled Way.

3.3 The maximum volume of Contractor responsibility for Slide and Slump repair is shown on Road Maintenance Plan. Greater volumes of Slide and Slump repair not qualifying as Catastrophic Damage are Forest Service responsibility.

T-801-2

SPECIFICATION T-802 DITCH CLEANING

1.1 Ditch cleaning is removing and disposing of all Slough Material from Roadway ditches to provide a free-draining waterway.

REQUIREMENTS

3.1 Ditch cleaning shall be repeated during the year as often as necessary to facilitate proper drainage.

3.2 All Slough Material or other debris which might obstruct water flow in the Roadway ditch shall be removed.

Material removed from the ditch, if suitable, may be blended into existing native road surface or Shoulder or placed in designated Berms in conjunction with Surface Blading T-803 operations.

Material removed from ditches that is not by Agreement blended into existing roads or placed in Berms shall be loaded and hauled to the disposal site designated by the Forest Service.

3.3 Roadway backslope or Berm shall not be undercut.

T-802-1

SPECIFICATION T-803 SURFACE BLADING

1.1 Surface blading is keeping a native or aggregate Roadbed in a condition to facilitate traffic and provide proper drainage. It includes maintaining the Crown, Inslope or Outslope of the Traveled Way, Turnouts, and Shoulder;

repairing Berms; blending approach road intersections; and cleaning bridge decks, Drainage Dips, and Lead-off Ditches.

REQUIREMENTS

3.1 Surface blading shall be performed before, during, and after Contractor's use as often as necessary to facilitate traffic and proper drainage.

3.2 The surface blading shall preserve the existing cross-section. Surface irregularities shall be eliminated and the surface left in a free-draining state and to a smoothness needed to facilitate traffic. Surface Material which has been displaced to the Shoulders or Turnouts shall be returned to the Traveled Way. The blading operation shall be conducted to prevent the loss of surface Material and to provide for a thorough mixing of the Material being worked.

3.3 Water, taken from Water Sources designated on Timber Removal Area Map, shall be applied during blading if sufficient moisture is not present to cut, mix, or compact the surface Material.

3.4 On native surfaced roads, Material generated from backslope Sloughing, and ditch cleaning may be blended with the surface Material being worked. On aggregate surfaced roads this Material shall not be blended with Surface or Base Course Material unless agreed otherwise.

3.5 Roadway backslopes or Berms shall not be undercut, nor shall new Berms be established unless agreed otherwise.

Berms shall be repaired by placing Material, as needed to restore the Berm, to reasonably blend with existing line, grade, and cross-section.

3.6 Drainage Dips and Lead-off Ditches shall be cleaned and maintained to reasonably blend with existing line, grade, and cross-section.

T-803-1

3.7 Intersecting roads shall be bladed for a distance of 50 feet to assure proper blending of the two riding surfaces.

3.8 Rocks or other Material remaining on the Traveled Way after the final pass that are larger than 4 inches in diameter or are larger than the maximum size of imported surfacing shall be removed from the Traveled Way.

Unless otherwise designated by the Forest Service, the oversized Material shall be disposed of by sidecasting.

Sidecasting into streams, lakes, or water courses will not be permitted.

3.9 Material resulting from work under this specification shall not remain on or in structures, such as Culverts, overside drains, cattleguards, ditches, Drainage Dips, and the like.

3.10 Material resulting from work under this specification, plus any accumulated…