State_Line_Appendix_B_and_C.doc

Salmon-Challis National Forest

State Line Stewardship

Solicitation No. AG-84M8-S-15-0015 Appendix B and C Page 11

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

*BT.0 CONTRACT AREA

*BT.1 Contract Area Map

*BT.2 Claims

*CT.0 TIMBER SPECIFICATIONS

*CT.1 Included Timber

*CT.1.1 Standard Timber

*CT.1.2 Substandard Timber

*CT.1.3 Damaged Timber

*CT.1.3.1 Damaged by Contractor

*CT.1.3.2 Negligent or Willful Damage

*CT.1.3.4 Minor Damage by Natural Causes

*CT.1.4 Unintentionally Cut Timber

CT.1.5 Construction Timber

*CT.1.6 Other Material

*CT.2 Utilization and Removal of Included Timber

*CT.3 Timber Designations

CT.3.1 Clearcutting Units

CT 3.2 Construction Clearing

CT 3.2.1 Road Clearings

*CT 3.2.2 Other Authorized Clearings

CT.3.3 Overstory Removal Units

CT.3.4 Understory Removal Units

CT.3.5 Individual Trees

*CT.3.7 Minor Changes

*CT.4 Volume Estimate

*DT.0 RATES OF PAYMENT

*DT.1 Current Contract Rates

*DT.4 Other Payment Rates

*DT.4.1 Material and Quantities Not in Division AT *DT.4.2 Timber Cut Through Mistake

*DT.4.2.1 Designated Timber Cut But Not Removed

*DT.4.3 Undesignated Timber Damaged Without Negligence

*DT.4.4 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut

*DT.4.5 Liquidated Damages

ET.0 PAYMENTS

*ET.1 Amount Payable for Timber

*ET.2 Integrated Resource Account

GT.0 OPERATIONS

*GT.4 Conduct of Logging

*GT.4.1 Felling and Bucking

*GT.4.1.1 Felling in Clearings

*GT.4.1.2 Stump Heights

*GT.4.1.3 Limbing

*GT.4.2 Skidding and Yarding

GT.4.2.1 Rigging

*GT.4.2.2 Landings and Skid Trails

*GT.4.2.3 Skidding on Roads

GT.4.2.4 Arches and Dozer Blades

*GT.6.3 Temporary Roads

*GT.6.4 Landings

*GT.6.5 Skid Trails and Fire Lines

*GT.6.6 Current Operating Areas

*GT.6.7 Erosion Control Structure Maintenance

*GT.7 Slash Disposal

*GT 8 Measuring

**GT.8.1 Product Identification

IT.0 OTHER CONDITIONS

*IT.1 Title and Liability

*IT.1.1 Title Passage

*IT.1.2 Liability for Loss

*IT.5 Sale of Other Materials

RO- KT-CT.3.0.1# Cutting Unit Boundaries (11/06)

RO- KT-CT.3.5.6# Individual Trees (Leave Tree Marking) (11/06)

K-CT.3.5.7# Individual Trees (Cut Tree Marking) (4/04)

RO- KT-ET.3.1# Blanket Bond (11/06)

WO-KT-FT.1.2# Use of Roads by Contractor (9/04)

RO- KT-FT.3.4# Obliteration of Temporary Roads, Skid Trails and Landings (11/06)

RO- KT-FT.3.6# Snow Removal (11/06)

RO- KT-GT.3.4.1 Prevention of Oil Spills (Idaho Forests) (11/06)

I RO- KT-GT.4.1.1# Felling and Bucking (Special Objectives) (11/06)

RO- KT-GT.4.2# Skidding and Yarding (Special Objectives) (11/06)

RO- KT-GT.4.5# Protection From Ips Buildup (11/06) RO- KT-GT.6# Erosion Prevention and Control (11/06) RO- KT-GT.6.0.1# Erosion Control Seeding (11/06) RO- KT-GT.7# Slash Treatment (11/06)

RO- KT-GT.8# Measuring (11/06)

RO- KT-GT.8.1# Accountability (05/09) R4- KT-HT.2 Fire Precautions (11/06) WO-KT-IT.6.8 Use of Timber (Option 2) (9/04) Division AT Location and Area:

BOISE MERIDIAN, LEMHI COUNTY, IDAHO

Volume Estimate and Utilization Standards

Quantity * Unit of

Measure Minimum Specifications

Diameter Breast High (d.b.h.)

(inches) Number of Minimum Pieces per Tree Length (feet) Diameter Inside Bark at Small End (inches) 1/

LP

SAF

Sawtimber

(Live) Sawtimber

(Live) 1,559

CCF

CCF

7.0 8.0 1.0 1.0 6.0 6.0 10.67 10.67

(Dead)

(L/D)

Total Quantity

6,599

1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate.

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)

Incompletely Measured (CT.3)

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

High Stumps

(inches)

Schedule of Payment Units

Payment

Unit

Number

Approx.

Acres

To be Paid for at Flat Rates

Total

Flat

Rate

Payment

Total

Required

Deposits For Slash

Disposal $

Species

Products

Quantity

Unit of

Measure

TOTAL

TOTAL

TOTAL

TOTAL

OVERALL

TOTAL

LP

SAF/O

LP/O

LP/O

LP/

SAF/O

LP/O

LP/O

LP

SAF/O

LP/O

LP/O

LP

SAF/O

LP/O

LP/O

LP/O

SAWTIMBER

SAWTIMBER

FUELWOOD

Non-Sawtimber

SAWTIMBER

SAWTIMBER

FUELWOOD

Non-Sawtimber

SAWTIMBER

SAWTIMBER

FUELWOOD

Non-Sawtimber

SAWTIMBER

SAWTIMBER

FUELWOOD

Non-Sawtimber

ALL

1,396 2,240 1,458 1,407

1,494 6,599

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

N/A

APPLICABLE REGIONAL CLAUSES MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CLAUSES FOR TREE MEASUREMENT TIMBER REMOVAL CONTRACTS

(Applicable to Contracts to be Measured Before Felling) This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part BTl.0, Section BTl.1, Subsection BTl.11, and Item BTl.111. References to a Part include all Sections, Subsections, and Items within that Part; references to a Section include all Subsections and Items within that Section; and references to a Subsection include all Items within that Subsection. Cross references within this contract cite the reference number of the applicable Division, Part, Section, Subsection, and Item. Descriptive headings used are not to be considered in determining the rights and obligations of the parties hereunder. The Standard Clauses in this Division are subject to Specific Conditions of the contract stated in Division AT. Wherever appropriate, Specific Conditions established in Division AT are herein cited by reference number. References to Standard Clauses also apply to Special KT Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the State line Stewardship Contract except where otherwise specifically referenced.

BT.0—CONTRACT AREA

BT.1 Contract Area Map. The boundaries of "Payment Units" and any cutting units 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 AT. 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) Payment Units 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) 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 AT - KT.

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

CT.3.2.1 Road Clearings. Timber within the clearing limits of Roads is within separate Payment Units, as shown on Contract Area Map, and the quantities are in Division AT. The quantities of dead or unstable trees designated outside the clearing limits are not included in Division AT.

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.3.3 Overstory Removal Units. All trees within “Overstory Removal Units” are designated for cutting when they meet Utilization Standards and equal or exceed the diameter limits shown on Contract Area Map.

CT.3.4 Understory Removal Units. All trees within “Understory Removal Units” are designated for cutting when they meet Utilization Standards and are smaller than the diameter limits shown on Contract Area Map.

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 contract time is adjusted, Current Contract Rates shall be continued in the same manner as immediately prior to the adjustment period.

DT.4 Other Payment Rates.

DT.4.1 Material and Quantities Not in Division AT. Incidental amounts of products or portions of trees of species that do not meet Utilization Standards may be removed without charge. Such material from Clearcutting Units and construction clearings may be purposely removed in more than incidental amounts without charge subject to agreement on deposits for road maintenance and use. Such material from other than Clearcutting Units and construction clearings may be purposely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed may, upon written approval of Contracting Officer, be cut and removed without charge other than Required Deposits established by agreement. Timber for which the quantity is not included in the estimate, shall be paid for at Current Contract Rates and Required Deposits.

DT.4.2 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Contractor through mistake and included by the Forest Service, shall be removed and paid for at Current Contract Rates, 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.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 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 clauses set forth requirements to meet special or unusual logging conditions:

GT.4.1 Felling and Bucking. Felling shall be done to minimize breakage of Included Timber and damage to residual timber. Unless agreed otherwise, felling shall be done by saws or shears. Bucking shall be done to permit removal of all minimum pieces set forth in Division AT. Contractor may buck out cull material when necessary to produce pieces meeting Utilization Standards. Such bucked out material shall contain a minimum amount of sound wood, not in excess of the net Measure in percentage of gross Measure, or based on the merchantability factor, whichever is stated in Division AT. If necessary to assess extent of defect, Contractor shall make sample saw cuts or wedges.

GT.4.1.1 Felling in Clearings. Insofar as ground conditions, tree lean and shape of clearings permit, trees shall be felled so that their tops do not extend outside construction clearings and areas of regeneration cutting.

GT.4.1.2 Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth in Division AT, except that occasional stumps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. Except for acceptable high stumps stated above, Contractor shall re-cut high stumps so they will not exceed heights specified in Division AT and shall dispose of severed portions in the same manner as other logging debris or as otherwise agreed. The stump heights shown in Division AT were selected with the objective of maximum reasonable utilization of the timber unless Contract Area Map shows special areas where stump heights are lower for aesthetic, land treatment or silvicultural reasons.

GT.4.1.3 Limbing. When Forest Service determines it is necessary to minimize damage to the residual stand during skidding, Contractor shall cut exposed limbs from products prior to skidding. Contractor may leave uncut those limbs that cannot be cut with reasonable safety.

GT.4.2 Skidding and Yarding. Methods of skidding or yarding specified for particular areas, if any, are indicated on Contract Area Map. Outside Clearcutting Units and construction clearings, insofar as ground conditions permit, products shall not be skidded against reserve trees or groups of reproduction and tractors shall be equipped with a winch to facilitate skidding.

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

GT.4.2.2 Landings and Skid Trails. Location of all landings, tractor roads, and skid trails shall be agreed upon prior to their construction. The cleared or excavated size of landings shall not exceed that needed for efficient skidding and loading operations.

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

GT.4.2.4 Arches and Dozer Blades. Skidding tractors equipped with pull-type arches or dozer blades wider than tractor width or C-frame width, whichever is greater, shall not be used in residual timber outside Clearcutting Units and other authorized clearings, except on constructed tractor roads or landings, unless there is written agreement that residual timber will not be damaged materially by such use.

GT.6.3 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as outsloping, drainage dips, and water-spreading ditches.

After a Temporary Road has served Contractor’s purpose, Contractor shall give notice to Forest Service and shall remove bridges and culverts, eliminate ditches, outslope roadbed, remove ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing terrain conditions, and build cross ditches and water bars, as staked or otherwise marked on the ground by Forest Service. When bridges and culverts are removed, associated fills shall also be removed to the extent necessary to permit normal maximum flow of water.

GT.6.4 Landings. After landings have served Contractor’s purpose, Contractor shall ditch and slope them to permit water to drain or spread. Unless agreed otherwise, cut and fill banks around landings shall be sloped to remove overhangs and otherwise minimize erosion.

GT.6.5 Skid Trails and Fire Lines. Contractor shall construct cross ditches and water-spreading ditches on tractor roads and skid trails, where staked or otherwise marked on the ground by Forest Service. Forest Service shall designate cross ditching on Contractor-built fire lines prior to or during construction. By agreement, Contractor may use other comparable erosion control measures, such as backblading skid trails, in lieu of cross ditching.

GT.6.6 Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed otherwise, Contractor shall, before operations cease annually, remove all temporary log culverts and construct temporary cross drains, drainage ditches, dips, berms, culverts, or other facilities needed to control erosion.

Such protection shall be provided, prior to end of NOVEMBER 30, 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 normal operations will occur during June 1 - November 30. 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) 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 G of PART I, 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.

KT-CT.3.0.1# - CUTTING UNIT BOUNDARIES. (9/01) 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

Corner boundary trees have three horizontal bands facing into the unit and must go ½ to ¾ of the way around the tree. Bands may go all the way around the tree on shared boundaries.

Several of the boundary trees have a unit number placed between two horizontal bands.

K-CT.3.5.6# – INDIVIDUAL TREES (LEAVE TREE MARKING). (11/06) Notwithstanding C.3.5, in units shown as LTM on the Contract Area Map, individual trees are designated to leave only if marked above and below stump height as show in the table below:

Leave Tree Marking Table

Cutting Unit

Paint Color

3,4,5,6,7,8,9,10,11,12

Orange

K-CT.3.5.7# – INDIVIDUAL TREES (CUT TREE MARKING). (4/04) Notwithstanding C.3.5, in units shown as CTM on the Contract Area Map, individual trees are designated for cutting only if marked above and below stump height as show in the table below:

Cut Tree Marking Table

Paint Color

1,2,13

Blue

KT-ET.3.1# - BLANKET BOND. (11/06) If Purchaser furnishes an acceptable bond or deposits securities, in accordance with BT4.3, to guarantee payment for timber from this and other timber sales within the same Contracting Zone, the amount of such bond or deposited securities shall be allocated to such sales 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 sale shall be reallocated to other sales at Purchaser's request, and Purchaser shall not start cutting hereunder until this sale receives an allocation which will, in combination with transferred-in Purchaser Credit, meet the obligation for payment guarantee.

Contracting Zone Table

Bridger-Teton

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.

(Purchaser Created)

Recontour by redistributing the berm (fill slope) back onto the road. Redistribute the berm to match the original contour of slope prior to the road being cut.

Where possible, redistribute 5-15 tons/acre of slash across the route clearings.

(Unclassified Routes) Note: All Unclassified routes designated as “TBC” on Sale

Area Map are to be treated as

Temporary roads.

All unclassified routes will be ripped 6-10 inches and earthen barriers placed at beginning of each route.

(Existing Trails) Note: for temporary routes that use trails Where temporary roads, skid trails, etc., cross or are concurrent with the trails, the cut and fill prism of the trail would be restored to its original profile. Rehabilitate any damage to trail from implementation of project activities.

On route 60081-A Improvements made to 60081-A will be considered temporary road construction and shall be obliterated after use.

Recontour by redistributing the berm (fill slope) back onto the road. Redistribute the berm to match the original contour of slope prior to the road being cut.

Redistribute slash by evenly placing approximately 5-15 tons/acre of coarse slash >3 inches, across landings.

Where possible, redistribute 5-15 tons/acre of slash across the skid trails.

Place waterbars as described in the attached table and specification.

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. Description. Snow removal work by Purchaser 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.

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

KT-GT.3.4.1 - PREVENTION OF OIL SPILLS (IDAHO FORESTS) (11/06)

If Contractor maintains storage facilities for petroleum or petroleum products on Contract Area, Contractor shall take appropriate preventive measures to ensure that any spill of such petroleum or petroleum products does not enter any stream or other waters of the United States or any of the individual States.

Petroleum or petroleum product storage containers with capacities of more than 200 gallons, stationary or mobile, shall be located no closer than 100 feet from stream, watercourse, or area of open water. Dikes, berms, or embankments shall be constructed to contain at least 110% of the volume of petroleum products stored within the containers. Diked areas shall be sufficiently impervious and of adequate capacity to contain spilled petroleum products.

If the total petroleum or petroleum products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40CFR 112), including certification by a registered professional engineer.

Contractor shall notify Contracting Officer and appropriate agencies of all reportable (40CFR 110) spills of petroleum or petroleum products on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations. Contractor will take whatever initial action that may be safely accomplished to contain all spills.

KT-GT.4.1.1# - FELLING AND BUCKING (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:

Special Objectives

All

Trees shall be felled and processed insofar as safety permits to angle in the direction of skidding.

All

Purchaser and Forest Service will agree on felling lead at the time of approval of tractor roads.

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:

ALL

Trees designated for cutting and/or logs will be left as rub trees along tractor skid trails/skyline corridors as needed to protect young growth and leave trees.

Bucking of windfalls and down material across skid trail location is required in advance of construction.

No skid trails would be located parallel to system roads within 100 feet where practical.

Whenever possible and when skid trails would still function properly, locate skid trails so they are not perpendicular and where they meet the highway or other system roads. This would avoid a direct line of sight into the skid trail.

Harvest activities are permitted only during dry or frozen conditions.

Skid trail gradient limited to maximum 45% on volcanic, granitic, sedimentary land types unless site-specific analysis shows otherwise.

Limit the grade of constructed skid trails on geologically unstable, saturated, or highly erodible or easily compacted soils to a maximum of 30 percent

KT-GT6.6# - EROSION PREVENTION AND CONTROL. (11/06)

A. Contractor shall locate Temporary Roads on locations approved by the Forest Service. Such location shall include the marking of road centerline or grade-line and the setting of such construction stakes as are necessary to provide a suitable basis for economical construction and the protection of National Forest lands.

B. Skidding with tractors within 150 feet of live streams shall not be permitted except in places designated in advance by Forest Service, and in no event shall skid roads be located in live or intermittent stream courses. Skid trails shall be located high enough out of draws, swales, and valley bottoms to permit diversion of runoff water to natural undisturbed forest ground cover.

C. Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy rainfall, Contractor shall inspect and open culverts and drainage structures, construct special cross ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and siltation of streams.

D. Temporary Road surface width shall be limited to truck bunk width plus four (4) feet, except for needed turnouts which shall not exceed two (2) times the bunk width plus four (4) feet. If shovels or cranes with revolving carriage are used to skid or load, Temporary Road surface width equal to track width plus tail swing shall be permitted.

E. Unless otherwise agreed in writing, Contractor shall keep erosion control work current with his operations under the contract and in any case not later than 15 days after completion of skidding on each payment unit or cutting unit.

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. In areas where Contractor-created slash is intermingled and inseparable from pre-existing slash, slash disposal requirements shall apply to the pre-existing slash as well as the Contractor-created slash. Such areas are designated in the Contractor Slash Responsibility Table herein.

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.

Purchaser's Slash Responsibility Table

1. Clean System Roads: Entire Unit

Contractor shall dispose of all logging slash that is ≥1” large end diameter and ≥3’ in length that is a result of contractor activities and is in system roads. Slash will be piled for later burning within the right-of-way clearing unless an alternate method of slash disposal is agreed to in writing. Piles will be reasonably compact and free of soil to facilitate burning. Piles will be of size and location, which will not impair road use. Piles will be a minimum of twice their diameter from any residual timber.

2. Yard Limbs and Tops: Entire Unit

Purchaser shall leave tops and limbs of felled trees attached to timber and yard them to landings within the entire cutting unit. Tops and limbs not meeting utilization standards which are lost on the way to the landing site due to normal felling, skidding and/or yarding operations are not required to be yarded. Tops and limbs which are lost on the way to the landing due to normal felling, skidding and/or yarding operations shall be lopped in accordance with Item 4; Lopping Damaged Residual and Tops and Limbs.

3. Lopping Damaged Residual and Tops and Limbs: Entire Unit Purchaser shall cut all exposed limbs from remaining tree bole. Such limbing shall be done to a top diameter of approximately 3” 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 24” in height above the ground.

4. Fell Damaged Residual: Entire Unit Purchaser shall sever at stump height, and lop in accordance with Item 3, Lopping Damaged Residual and Tops and Limbs, all trees not meeting Utilization Standards which are damaged beyond recovery, pushed over or broken during yarding. These stems shall be bucked into lengths not longer than 8’.

5. Scatter: Entire Unit Retain 5-15 tons/acre of dead/cull logs. If necessary, return dead/cull logs from the landings to the harvest units to meet 5-15 toms/acre as needed. Dead/cull logs shall be scattered, lopped within 24 inches of the ground, positioned so they won’t roll, and placed away from residual trees.

6. Hydraulic Excavator Landing Piles: Entire Unit A landing is considered as a place where any logs or products are gathered for loading. Logs not meeting merchantability specifications accumulated at landings shall be decked or returned to the cutting unit as agreed to in writing by the Forest Service. All slash accumulated at landings shall be piled, unless it is agreed in writing that slash can be thrown back into an area that is planned to be broadcast burned. Piles shall be reasonably compact and free of soil to facilitate burning.

Piles will be a minimum of twice their diameter from any residual timber. Piles shall be of a size and location, which will not impair road use or result in damage to residual timber. Piles will not be less than 6’ in height. Piles shall not be more than 20’ long unless agreed to. Landing debris along temporary roads within the cutting units may be piled in conjunction with temporary road construction slash. Landing piles shall be placed along the lower side of the road. All objects, which extend more than 6’ in any direction from the windrow or pile profile, will be cut off and returned to the windrow or pile. The piling of landings will be done by a grapple-type machine.

Topsoil or suitable growing medium will be removed from designated slash pile areas to be affected by burning, where the slope is less than 45%, in quantities sufficient to allow a minimum of 12 inches of topsoil or combination of topsoil and subsoil to be respread over all disturbed areas. This only includes areas that will be disturbed by burning of the landing slash piles.

Topsoil will be stockpiled in an area which will be sheltered from wind and water erosion, unnecessary compaction and contaminants. It will be stabilized as necessary with temporary vegetative cover. The Operator will ensure that sufficient clearing is used to prevent the incorporation of slash or other material into the topsoil, and to ensure that the topsoil can be respread onto the disturbed area.

Erosion and Sediment Control

The operation will ensure that erosion and sedimentation of surface water is minimized through the use of measures which: 1) Minimize erosion by slowing or interrupting overland flow; 2) Divert clean water around areas of disturbance; 3) Contain water within disturbed sites; and 4) Pass sediment laden water through sediment control devices before leaving the site. These sediment control devices will be placed to contain sediment as close to the source as practical to keep sediment on site.

Slash will be the primary erosion and sediment control device and shall be piled along the downhill side, adjacent to the topsoil for later use in reclamation of the slash pile areas post burning. Other sediment control devices which may also be used to meet this standard include straw dikes, riprap, check dams, mulches, vegetative filter strips, dugout ponds, cross ditches, and other measures as approved by a Forest Service representative.

KT-GT.8# - MEASURING. (11/06) The estimated quantity of timber in AT.2 has been determined by standard procedures described in FSH 2409.12, Timber Cruising Handbook.

The following table describes the type of cruising method used to determine quantities:

Estimated quantities of timber subsequently included under CT.1.3, CT.1.4, CT.3.1, CT.3.2, CT.3.3, CT.3.4, CT.3.5 or CT.3.7 not previously measured will be determined using the standard cruise methods as described in FSH 2409.12, Timber Cruising Handbook, or, if attached, using the Additional Volume Calculation Table based on information generated from the timber cruise. Additional Post & Poles counted as 1.5 CF/Pole and 3 CF/Post.

Species Product

Live/Dead

DBH

34.86

40.32

46.12

KT-GT.8.1# - ACCOUNTABILITY. (5/09) The following requirements are applicable to Product Removal Permits:

1. Forest Service will issue to Contractor or designated representative(s) serially numbered Product Removal Permit books for use only on this contract. Product Removal Permit books, whether used or unused, shall be accountable property of Forest Service and shall be returned to issuing Forest Service Office in accordance with instructions contained in each book. Each book, which is not returned to the Forest Service, will be considered a lost book and liquidated damages of $500 will be assessed.

2. Contractor shall require all permits be completed in accordance with the instructions contained on the inside cover of each book.

3. Each load will have the last three digits of the load receipt number painted on both ends of three logs with RED paint. All loads that consist of a truck and pup(s) must have the last three digits of the load receipt painted on both ends of three logs on all subunits of the combination.

Contractor shall require vehicles hauling Included Products to stop at agreed upon locations for purposes of monitoring accountability. The parties shall agree upon the haul route prior to operations.

KT-HT.2 – FIRE PRECAUTIONS. (11/06) Specific fire precautions are as follows:

State Fire Laws. Where State laws provide specific requirements, these requirements must also be met.

Smoking and Lunch Fires. Contractor shall prohibit smoking and the building of fires by persons engaged in Contractor's Operations, except at established camps and shall enforce this prohibition by all means within Contractor's power. Forest Service may, on written request of Contractor, designate places where (1) campfires may be built for the purpose of heating lunches or (2) smoking may be permitted. Such designated places shall be cleared of flammable material to mineral soil prior to use.

Debris Around Structures. Contractor shall clear and maintain an area free of flammable material for a distance not less than 15 feet from buildings, tents, and other structures connected with Contractor's Operations.

Furnishing of Tools.