LH2_AppendixB_TimberProvisions_10052015.pdf

Lockhart One Stewardship - Appendix B

APPENDIX B

Lockhart One Stewardship 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 2595 acres is located in Sections 27, 28, 29, 32, 33 and 34 T49N, R14W, Sections 5, 6 and 8 T48N 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

Merch Factor

AF Sawtimber (01)

142.7

CCF

8.0

10.0

8.0

10.0

6.0

7.0

6.0

7.0

10.67

DF Sawtimber (01)

1,881.6

ES, BS Sawtimber (01)

6,062.7

PP Sawtimber (01)

526.3

AF & O (POL) POL (14) 367 5.0 6.5 4.0 N/A

AS (POL) POL (14) 451.85 7.0 8.0 6.0 8.0

Timber Subject to Agreement N/A

Total Quantity

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) ALL 729

Incompletely Measured (CT.3)

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

High Stumps

Species Product Maximum Stump Height

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 Sawtimber (01) 24.43 n/a

DF Sawtimber (01) 316.12

ES, BS & O Sawtimber (01) 975.6

PP Sawtimber (01) 90.1

AF & O (POL) POL (14) 62.35

AS (POL) POL (14) 424.82

AF Sawtimber (01) 15.82

DF Sawtimber (01) 204.71

ES, BS & O Sawtimber (01) 631.78

PP Sawtimber (01) 58.36

AF & O (POL) POL (14) 40.37

AS (POL) POL (14) 0

AF Sawtimber (01) 5.68

DF Sawtimber (01) 73.44

ES, BS & O Sawtimber (01) 226.65

PP Sawtimber (01) 20.94

AF & O (POL) POL (14) 14.49

AS (POL) POL (14) 0

AF Sawtimber (01) 5.9

DF Sawtimber (01) 76.29

ES, BS & O Sawtimber (01) 235.46

PP Sawtimber (01) 21.75

AF & O (POL) POL (14) 15.05

AS (POL) POL (14) 0

AF Sawtimber (01) 8.35

DF Sawtimber (01) 108.01

ES, BS & O Sawtimber (01) 333.36

PP Sawtimber (01) 30.8

AF & O (POL) POL (14) 21.29

AS (POL) POL (14) 0

AF Sawtimber (01) 8.82

DF Sawtimber (01) 114.1

ES, BS & O Sawtimber (01) 352.15

PP Sawtimber (01) 32.53

AF & O (POL) POL (14) 22.51

AS (POL) POL (14) 0

AF Sawtimber (01) 26.15

DF Sawtimber (01) 338.38

ES, BS & O Sawtimber (01) 1044.3

PP Sawtimber (01) 96.47

AF & O (POL) POL (14) 66.73

AS (POL) POL (14) 0

AF Sawtimber (01) 3.51

DF Sawtimber (01) 45.39

ES, BS & O Sawtimber (01) 140.06

PP Sawtimber (01) 12.94

AF & O (POL) POL (14) 8.95

AS (POL) POL (14) 0

AF Sawtimber (01) 13.92

DF Sawtimber (01) 180.13

ES, BS & O Sawtimber (01) 555.92

PP Sawtimber (01) 51.36

AF & O (POL) POL (14) 35.53

AS (POL) POL (14) 0

AF Sawtimber (01) 0

DF Sawtimber (01) 35.64

ES, BS & O Sawtimber (01) 366.2

PP Sawtimber (01) 0

AF & O (POL) POL (14) 2.98

AS (POL) POL (14) 0

AF Sawtimber (01) 1.56

DF Sawtimber (01) 20.22

ES, BS & O Sawtimber (01) 62.39

PP Sawtimber (01) 5.76

AF & O (POL) POL (14) 3.98

AS (POL) POL (14) 27.03

AF Sawtimber (01) 19.58 n/a DF Sawtimber (01) 253.33

ES, BS & O Sawtimber (01) 781.81

PP Sawtimber (01) 72.22

AF & O (POL) POL (14) 49.96

AS (POL) POL (14) 0

AF Sawtimber (01) 8.96

DF Sawtimber (01) 115.88

ES, BS & O Sawtimber (01) 357.64

PP Sawtimber (01) 33.04

AF & O (POL) POL (14) 22.85

AS (POL) POL (14) 0

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 II 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 June 1, 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. Optional material (aspen) may be left standing and uncut. If optional material (aspen) is cut, it must be removed or treated to meet slash requirements.

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

1 and 17 AS (Aspen)

All trees >7.0” DBH

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

16 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, 8, 10, 12, 13, 14, 17, 18, 19 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-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

Delete KT-FT.1.2.4 from Appendix B (this one)- It belongs in the Parent contract. You have it there but the KO is not included in Clause 33.

We do not want to have inconsistancies. The contractor will win if we do.

I think this belongs in Appendix C, but it is okay here.

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).

I moved this to Appendix C. That is where it belongs. Please delete this.

RO-KT-GT.2.2.3 – PROTECTION OF FENCES. (11/06) Unless otherwise agreed to in writing, all fences, as designated on Contract Area Map, which are required to be cut because of temporary road construction, skid road construction, or other logging activities, shall not be cut until the fence has first been "line braced" or "fence braced," to prevent loss of tension, on both sides of the wire span or series of short spans to be cut.

The Contractor shall install gates or temporary cattleguards at each location where the fence is cut for temporary road or skid access unless otherwise approved in writing by Forest Service. All fences will be restored promptly after logging to the condition existing prior to logging. Fence repair will be kept current with logging operations.

Please look at clause 38. It used to let us add this in there. As it says you identified this on the Contract Area Map. It does not belong in Appendix B. Clause 38 seems to cover it.

RO-KT-GT.3.3.3# - SAFETY (RECREATION AREAS). (11/06)

A. When road construction, timber cutting, or yarding is in progress within or adjacent to recreation areas shown on Contract Area Map, a safety zone shall be established and designated on the ground by Forest Service. Contractor shall, unless relieved in writing by Forest Service, provide such flagmen, post signs, erect and maintain barricades, guards, construction signs, warning signs, and detour signs as necessary to warn and protect the public at all times from injury or damage as a result of Contractor's operations. In addition, Contractor shall provide a watchman for the area whose sole duty shall be to warn and advise the public of any hazards present in the areas as a result of this contract.

All flagging of traffic, all furnishing, placing and maintaining of barricades, danger signs, detour signs, warning signs, and lighting devices shall conform to the requirements in Part 2 of the 2012 issue of the "Manual on Uniform Traffic Control Devices for Streets and Highways," U.S. Department of Commerce, Federal Highway Administration.

B. During periods of general recreation activity within Contract Area or vicinity, Forest Service may restrict road construction, timber cutting, yarding, and other logging operations to days other than Saturdays, Sundays, and holidays as listed in KT-GT.3.1.2#.

In the event that Forest Service determines that the safety of recreation activity is endangered by Contractor's operations, all or part of Contractor's operations may be temporarily suspended, or in lieu thereof, where agreement can be reached, precautions in addition to those set forth herein may be designated.

RO-KT-GT.4.2# - SKIDDING AND YARDING (SPECIAL OBJECTIVES). (11/06) Unless otherwise agreed in writing, silvicultural prescriptions and land management objectives shall be conducted and accomplished by the following requirements, methods and procedures:

Cutting Unit Special Objectives

Cutting Unit Special Objective

ALL Tractor skid roads will be located, approved, (and constructed) in advance of falling

ALL To avoid soil damage, skidding will not occur during periods when soils are saturated, as evidenced by rutting depth in excess of three inches.

ALL Windfall and down material across skid trails shall be bucked prior to being pushed by tractors.

ALL Insofar as topography and ground conditions permit, products shall be pulled endwise, with a single-end suspended off the ground, from their bed where felled.

ALL Skidding or yarding of logs no longer than 41 feet (51 feet when cull is present) shall be required in order to avoid damage to residual stand.

ALL Skidding shall not take place through seeps identified on the Contract Area Map

RO-KT-GT.4.7 – CONDUCT OF LOGGING (IN OTHER THAN ENGELMANN SPRUCE BEETLE TRAP AREAS). (11/06) In order to prevent a buildup of endemic to epidemic populations of Engelmann Spruce Beetle in and adjacent to the Contract Area, felled live Engelmann Spruce trees other than those within designated Engelmann Spruce Beetle Trap Areas (KT-GT.4.6) shall be removed from the Contract Area by no later than October 31 of the year following felling, unless otherwise agreed to in writing. (Trees felled in one calendar year must be removed by October 31, of the following year.)

In the event Contractor has elected Forest Service construction of specified roads and upon notification by the Forest Service that live Engelmann Spruce, road right-of way timber is available for removal, Contractor shall remove such timber within 45 days during the normal operating season.

If Contractor does not plan to operate the contract and (1) volumes are minor making the removal grossly uneconomical and/or (2) Engelmann Spruce beetle population is such that by not removing will not cause a significant buildup in the population, this requirement may be waived in writing by a certified Forest Service silviculturist.

No part of this provision shall be cause for Contract Term Adjustment or Contract Term Extension.

Please reference Clause 44. This does not belong here. Also the BT.6 has current operating areas. That is how the NOS fits in the contract.

RO-KT-GT.6.0.1# - EROSION CONTROL SEEDING. (11/06) Following completion of skidding and yarding operations in an area, Contractor shall seed and fertilize all exposed areas of raw soil as designated by the Forest Service on skid trails, landings, firebreaks, slides, slumps, Temporary Roads.

Soil on areas to be seeded shall be left in a roughened condition favorable to the retention and germination of the seed.

Seed shall be spread evenly at the rate of 8 .0 pounds of seed per acre.

Seeding shall be done during the period 8/30 to 10/31 and under the above specified conditions unless otherwise approved.

The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

Common Name Scientific Name Variety % of mix lbs

Blue wild rye Elymus glaucus 30 2.4

Canby bluegrass Poa canbyi Canbar 5 0.4

Mountain brome Bromus marginatus 25 2.0

Slender wheatgrass Elymus trachycaulus ssp.

trachycaulus

Pryor 20 1.6

Wild geranium Geranium viscosissimum 4.5 0.36

Aspen daisy Erigeron speciosus 0.5 0.04

Silky lupine Lupinus sericeus 5 0.4

Porter ligusticum Ligusticum porteri 5 0.4

Sweet anise Osmorhiza occidentalis 5 0.4

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All States Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service.

RO-KT-GT.6.0.2# - PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS. (11/06) In addition to the requirements of KT-GT.6.0.1#; Contractor shall seed areas where mineral soil is exposed as designated by the Forest Service.

Unless otherwise agreed to in writing, seeding shall be done in the fall during weather and moisture conditions favorable for quick germination and growth of the plants. Seeding shall be completed in a timely manner following the last disturbance activity by the Contractor in the disturbed area.

The Certified seed analysis reports from each container shall be provided by Contractor to the Forest Service prior to application of the seed. Seed shall be spread evenly at the rate of 8.0 pounds of seed per acre.

When an adequate seedbed does not exist, Contractor shall scarify to get a 2 inch loose soil seedbed, prior to seeding.

The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

Common Name Scientific Name Variety % of mix lbs

Blue wild rye Elymus glaucus 30 2.4

Canby bluegrass Poa canbyi Canbar 5 0.4

Mountain brome Bromus marginatus 25 2.0

Slender wheatgrass Elymus trachycaulus ssp.

trachycaulus

Pryor 20 1.6

Wild geranium Geranium viscosissimum 4.5 0.36

Aspen daisy Erigeron speciosus 0.5 0.04

Silky lupine Lupinus sericeus 5 0.4

Porter ligusticum Ligusticum porteri 5 0.4

Sweet anise Osmorhiza occidentalis 5 0.4

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All States Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service.

RO-KT-GT.7# - SLASH TREATMENT. (11/06) Slash is defined as logs, tops, limbs, and other woody material, exclusive of stumps, which is created by the logging operation and remaining on the ground after logging.

Slash created in the construction of Specified Roads shall not be considered as logging slash in this Section.

Unless otherwise agreed in writing, Contractor shall perform the following work described below and/or as shown on the Contract Area Map and/or Slash Disposal Map.

Forest Service and Contractor shall jointly develop a schedule for completion of slash treatment on the various portions of the Contract Area.

Contractor's Slash Responsibility Table

Description of Unit(s) Type of Slash Disposal

All Units-Landings A landing is considered a place where any logs or products are gathered for loading. Logs not meeting utilization standards accumulated at landings shall be used to obliterate landings per

RO-KT-FT.3.4# - OBLITERATION OF TEMPORARY ROADS, SKID

TRAILS AND LANDINGS (Appendix C if you put it there) or shall be returned to the associated cutting unit unless otherwise agreed to in writing between the Contractor and the Forest Service. Any slash accumulated at landings which exceeds maximum slash depths and coverage shall be scattered throughout the associated cut unit (See “Tops and Limbs”, “Slash Piling” and “Slash removal” below).

All Units-Slash Outside Unit Boundaries

Any slash which falls outside of the unit shall be returned to a minimum of 10 feet inside of the boundary. All National Forest System Roads within these units shall be kept free of slashed material.

Slashed vegetation shall be felled along the contour as much as possible for water runoff soil movement protection.

All Units-Tops and Limbs Skidding of trees with attached limbs and tops is acceptable, provided that limbs, tops and pieces not meeting utilization standards are distributed uniformly throughout associated cut units and treated as specified in Appendix A – Service Provisions following processing.

All Units-Slash Piling Where surface fuel loadings exceed desired quantities it may be hand or machine piled as specified in Appendix A – Service Provisions.

All Units-Slash Removal Where surface fuel loadings exceed desired quantities it may be removed as specified in Appendix A – Service Provisions.

All Units-Lop Contractor shall cut all exposed limbs from Included Timber. Such limbing shall be done to a top diameter of approximately 6 inches for diameter inside bark, at which point the top will be cut from the remainder of the stem. Limbs shall be severed from the remaining top and all limbs cut from the top and boles will not extend over 2 feet in height above the ground.

All Units-Buck Contractor shall buck Engelmann spruce (ES), Blue Spruce (BS) and Douglas-fir (DF) pieces not meeting utilization standards and over 3 inches in diameter (small end) into lengths not to exceed 4 feet in length.

Material from other species over 5 inches in diameter is not required to be bucked to a maximum length

All Units-Slash Height All slash less than 8 inches in diameter at the large end will lie within 2 feet of the ground surface. Slash and pieces not meeting utilization standards 8 inches and larger in diameter at the large end shall be made to lie flat on the ground.

All Units-System Roads Contractor shall dispose of all logging slash and pieces not meeting utilization standards which is created within the clearing limits of system roads. Slash shall be scattered within adjacent cut units and treated as specified in Appendix A – Service Provisions unless an alternate method of slash disposal is agreed to in writing.

All Units-Damaged Residual Contractor shall fell all species over 5 feet in height not meeting minimum diameter specifications for Included Timber that are damaged beyond recovery by the Contractor's Operations. Such trees shall be limbed and severed from the stump.

RO-KT-GT.7.1 – CHANGE IN SLASH TREATMENTS. (11/06) Slash treatment measures required in KT-GT.7# may be changed upon approval from the Contracting Officer’s Representative or Contracting Officer (is more like it because this is a change in cost and the Contractor may owe us something for this change)after consultation with GMUG West Zone Silviculturist (or designee) and by written agreement the Contractor and the Forest Service. The Forest Service shall determine the current cost of performing the work to be deleted and the work to be added. When the cost of work deleted exceeds the cost of work added, the agreement shall provide for a lump sum payment to the Forest Service for the amount of the difference.

When the cost of work added exceeds the cost of work deleted, the change may be made only if the Contractor agrees to making the change with no cost adjustment.

Again, road stuff belongs in Appendix C.

RO-KT-GT.7.2# - TEMPORARY ROAD CONSTRUCTION SLASH DISPOSAL. (11/06) Slash treatment methods of Temporary Road slash shall be agreed to in writing prior to construction. Temporary Road slash shall be treated in accordance with the following:

A. All timber within the road clearing limits which contains a product meeting the minimum piece specifications stated in AT.2 shall be felled (not pushed over) and bucked in advance of road construction. All timber shall be felled within the clearing limits whenever it is feasible to do so.

B. Timber within the clearing limits not meeting minimum piece specifications in AT.2 and other debris from the clearing and grubbing operations more than 5 inches in diameter and 8 feet in length shall either be (a) utilized and removed from Contract Area, (b) scattered in such a manner as to avoid concentrations of slash and without damaging other trees or resource values, (c) a combination thereof.

C. All Engelmann spruce (ES) or Douglas-fir (DF) material 5 inches or larger in diameter to be treated or disposed of shall be bucked into lengths not to exceed 3 feet . Material from other species over 5 inches in diameter is not required to be bucked to a maximum length

D. Slash and debris may be scattered in those situations where the volume of slash or residual slash is relatively light and the adjacent stands of timber are sufficiently open to accommodate the scattering without damage.

RO-KT-GT.7.3# - TIMING OF SLASH DISPOSAL. (11/06) Unless otherwise agreed to in writing, slash created by August 15 shall be treated, as specified in KT-GT.7#, by October 15 of that year. Treatment of slash created after August 15, but not treated that fall, shall start the following spring as soon as ground conditions will permit, unless agreed otherwise. Treatment shall continue at sustained productions and shall be completed by October 15 of that year.

Forest Service shall designate the priorities of slash…