Attachment_2_Appendix B.pdf

Pinecrest Interior Forest Health Stewardship

AAPPPPEENNDDIIXX BB

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.3.2.2 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 Bucking Lengths GT.4.1.4 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

List of Special Provisions

KT-CT.1.1# - TIMBER SUBJECT TO AGREEMENT. 9/2004

KT-CT.3.5# - DESIGNATION OF TIMBER AND PAYMENT UNIT BOUNDARIES. (8/2007)

KT-GT.3.1.4 - RELEASE OF PAYMENT UNITS. (2/2005)

KT-GT.3.1.5# - PROJECT OPERATIONS SCHEDULE. (12/2006)

KT-GT.3.3.1 - LOG TRUCKING. (8/2005)

KT-GT.3.7 - SUBSTITUTE METHODS. (2/2005)

KT-GT.4.1# - FELLING, BUCKING, AND LIMBING. (8/2007)

KT-GT.4.2# - GROUND BASED SKIDDING. (12/2006)

KT-GT.7# - SLASH TREATMENT. (12/2006)

KT-GT.8 OPT 2 – MEASURING OPTION 2. (2/2005)

KT-GT.8.3 – ACCOUNTABILITY. (2/2005)

KT-IT.6.8# - USE OF TIMBER (OPTION 1). (8/2007)

Division AT

AT.1. Location and Area:

This Contract Area of 531 acres more or less is located in:

T.4N., R.18E., Sections 14, 15, 21-23, 28 & 29; MDB&M

AT.2. 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

Net Merch Factor

Ponderosa/Jeffrey Pine Sawtimber 1/ 54 CCF 10.0 1 10 6.0 12

Sugar Pine Sawtimber 1/ 4 CCF 10.0 1 10 6.0 12

White/Red Fir Sawtimber 1/ 239 CCF 10.0 1 10 6.0 12

Incense Cedar Sawtimber 1/ 69 CCF 10.0 1 10 6.0 12

Lodgepole Pine Sawtimber 1/ 21 CCF 10.0 1 10 6.0 12

Timber Subject to Agreement

Ponderosa/Jeffrey Pine Sawtimber 2/ 79 CCF 10.0 1 10 6.0 12

Sugar Pine Sawtimber 2/ 23 CCF 10.0 1 10 6.0 12

White/Red Fir Sawtimber 2/ 496 CCF 10.0 1 10 6.0 12

Incense Cedar Sawtimber 2/ 98 CCF 10.0 1 10 6.0 12

Lodgepole Pine Sawtimber 2/ 11 CCF 10.0 1 10 6.0 12

Combined Softwoods Non-Saw Unest. Green Tons N/A 1 3 0 N/A

Other Softwoods Cull Logs Unest. CCF 10.0 1 10 6.0 16

1/ Mandatory Units 23A and 23H combined; 2/ Optional Units 19, 23C, 23D, 23O, 23P and 23Q combined

AT.3. 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) 531 Incompletely Measured (CT.3) Designation by Description or Prescription (KT-CT.3)

AT.4. High Stumps

Species Product Stump Height (inches) 1/

All (3 feet tall to 9.9” dbh)

Non-Sawlog

Maximum Height: 1 Inch

All (10.0 “ to 29.9” dbh)

Sawlog

Maximum Height: Flush-Cut 2/ Minimum Height: 1 inch

1/ Unless otherwise agreed, Contractor shall re-cut high stumps so they will not exceed heights specified above and shall dispose of severed portions in the same manner as other logging debris (chipped, removed to disposal site, or left as stacked fuelwood in campgrounds) 2/ Maximum of one inch above obstacles, measured on the uphill side, cut is to be horizontal (ie. flat for stump treatment)

AT.5 – Timber Payment Rates, applicable to DT.1 and ET.0

AT.5.1 – Escalated Rates: Not Applicable

AT.5.2 – Flat Rates, applicable for Species and Products to be Paid for at Flat Rates

Species Product Unit of

Measure

Rates per Unit of Measure

Base

Advertised

Bid Premium

Bid (Flat)

Required Deposits

Road Maintenance

Ponderosa/Jeffrey Pine

Sawtimber

CCF

$ 0.00

$5.00

$x.xx

N/A

Sugar/ W. White Pine Sawtimber CCF $ 0.00 $5.00 $x.xx $x.xx N/A

White/Red Fir Sawtimber CCF $ 0.00 $15.05 $x.xx $x.xx N/A

Incense Cedar Sawtimber CCF $ 0.00 $29.17 $x.xx $x.xx N/A

Lodgepole Pine

Combined Softwood

Other Softwood

Non-

Cull Log

Gr. Tons

$0.00

$ 0.00

$1.00

$ 0.13

$0.50

$0.13

$0.50

For purposes of convenience in collection and bookkeeping, Bid Rates stated in AT.4 include payment of deposits for contract area betterment required pursuant to 16 USC 576b. Such deposits are not included as Required Deposits defined hereunder.

Item Number

Approx.

Acres

To be Paid for at Flat Rates under AT.5.2

Total Flat Rate

Payment

Unit Number

Work Type Species Product Quantity

Unit of Measure

23A

Mandatory

PP/JP

xxx.xx

SP Sawtimber 1 CCF xxx.xx WF/RF Sawtimber 76 CCF xxx.xx IC Sawtimber 47 CCF xxx.xx LP Sawtimber 20 CCF xxx.xx

23H

Mandatory

SP Sawtimber 3 CCF xxx.xx WF/RF Sawtimber 163 CCF xxx.xx IC Sawtimber 22 CCF xxx.xx LP Sawtimber 1 CCF xxx.xx

Optional

SP Sawtimber 4 CCF xxx.xx WF/RF Sawtimber 76 CCF xxx.xx IC Sawtimber 21 CCF xxx.xx

23C

SP Sawtimber 10 CCF xxx.xx WF/RF Sawtimber 144 CCF xxx.xx IC Sawtimber 25 CCF xxx.xx LP Sawtimber 1 CCF xxx.xx

23D

23O

23P

23Q

SP

WF/RF

IC

WF/RF

LP

WF/RF

LP

WF/RF

Sawtimber

Sawtimber

CCF

CCF

xxx.xx xxx,xx xxx.xx

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 PINECREST INTERIOR FOREST HEALTH 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) 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) 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 Parts AT through 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 Payment Units, 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 un-stable 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 locations.

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 BT2 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. 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. Other species or products not listed may, upon written approval of Contracting Officer, be cut and removed subject to agreement on rates of payment. 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 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 UtilizationStandards, 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 Bucking Lengths. Trees shall be bucked in various lengths to obtain the greatest utilization of material meeting Utilization Standards.

G.4.1.4 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.

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

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

Such protection shall be provided, prior to end of October 31st (NORMAL OPERATING SEASON), for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather permits operations during November 1st to May 15th - 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 titled Timber Payment Guarantee, shall be considered to be paid for. Title to any Included Timber that has been cut, 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 Provisions & Tables

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

Species Product Units Ponderosa/Jeffrey Pine Sawtimber 19, 23C, 23D, 23O, 23P & 23Q

Sugar Pine Sawtimber 19, 23C, 23D, 23O, 23P & 23Q White/Red Fir Sawtimber 19, 23C, 23D, 23O, 23P & 23Q Incense Cedar Sawtimber 19, 23C, 23D, 23O, 23P & 23Q

Lodgepole Pine Sawtimber 19, 23C, 23D, 23O, 23P & 23Q Combined Softwoods Non Sawlogs All Units

Other Softwoods Cull Logs All Units that shall be Included Timber upon written agreement.

KT-CT.3.5# - DESIGNATION OF TIMBER AND SUBDIVISION/PAYMENT UNIT

BOUNDARIES (8/2007) Trees are designated for cutting under CT.3.5# only if designated as shown in the Timber Designation table below. The boundaries of Subdivisions/Payment Units are designated as shown in the Boundary Designation table below. Trees used for boundary designation are not to be cut.

SPECIFICATIONS PURSUANT TO KT-CT.3.5# - DESIGNATION OF TIMBER AND

SUBDIVISION/PAYMENT UNIT BOUNDARIES

Timber Designation Table

Contract Area / Unit Tree Paint Color

Designation or Specification Contract Area N/A Roadside Hazard Tree

. Notwithstanding CT.3.2 all dead and unstable live trees which are leaning towards a road or are otherwise hazardous to a road, and are sufficiently tall to reach Contractor's landings or the roadbed of National Forest System roads within Contract Area, shall be felled by Contractor when Marked in the specified paint color above and below stump height by Forest Service in advance of felling any other timber in the vicinity. Pieces meeting Utilization Standards from such dead and unstable live trees shall be removed unless Contractor is notified in writing that removal would cause unacceptable damage to areas requiring special protection such as residual timber, roads, administrative sites, streamside management zones, and areas identified on Contract Area Map or on the ground.

Mandatory Units 23A & 23H. Optional Units 23C & 23D

Optional Unit 19

Optional Unit 23O

Optional Units 23P & 23Q

Green, Green with White “X” & White

Blue/Orange

Blue/Pink and/or Green

Green/Pink

Individual Tree Mark. Individual trees are designated for cutting only if Marked above and below stump height with the specified paint color.

N/A Leave Tree Mark. All live < > are designated for cutting unless Marked as leave trees. Leave trees are Marked above and below stump height with the specified paint color. Contract Area Map indicates areas plainly identified on the ground where leave trees are Marked to be left uncut.

N/A Salvage Area. In addition to Roadside Hazard Trees, other dead and dying timber standing or down that meets the size specification in A.2, may be designated for cutting in Salvage Areas shown on the Contract Area Map when Marked with the specified paint color in advance of felling other timber in the vicinity.

N/A Wildlife Trees. Notwithstanding the designation for cutting under CT.3.l, CT.3.3, CT.3.4, or CT.3.5, trees which are identified by standard Forest Service metal wildlife tree sign or painted with the specified paint color on the uphill and downhill side, shall be left uncut. In event such trees are destroyed in Contractor's Operations, Forest Service may designate alternate trees to be saved.

N/A Designation by Spacing KT-CT.3.5.1# N/A Designation by Species and Diameter, KT-CT.3.5.2# N/A Designation by Damage Class, KT-CT.3.5.3# N/A Designation by Row Spacing, KT-CT.3.5.4#

Subdivision/Payment Unit Boundary Designation Table

Subdivision/Payment Unit

Boundary Paint Color

Boundary Designation

Contract Area N/A Unit boundaries have been designated with BLUE flagging and have been marked with N/A paint.

Boundaries are not flagged along existing roads.

KT-GT.3.1.4 – RELEASE OF PAYMENT UNITS. (2/2005) Except for Specified Road Payment Units, Forest Service shall not Release for Cutting more Payment Units than can be logged within 60 calendar days of Contractor’s normal rate of logging. Unless otherwise agreed in writing, upon completion of all contract requirements in a Payment Unit, additional Payment Units may be Released for Cutting.

KT-GT.3.1.5# - PROJECT OPERATIONS SCHEDULE. (12/2006) Unless otherwise agreed in writing, Contractor’s Operations shall be performed in accordance with the following schedule:

SCHEDULE PURSUANT TO KT-GT.3.1.5# - PROJECT OPERATIONS SCHEDULE (12/2006)

Payment Unit/ Area/Unit

Conditions of Operation

Purpose

Contract Area

Included Timber shall be removed from the Contract Area within:

Four weeks of felling from March 1 to June 30 Six weeks of felling from July 1 to September 30.

Eight weeks of felling from Oct 1 to Dec 31

If the Forest Service agrees in writing to allow Included Timber to remain on site from the end of the Normal Operating Season to March 1, material must be removed from the Contract Area before June 1.

Control of slash breeding insects and/or to capture full value of green material.

Unit 23A

Included Timber shall be removed from the Contract Area prior to October 31, 2010.

Day Use Area Development

KT-GT.3.3.1 - LOG TRUCKING

. (2/2005) To promote safe operations on National Forest roads and on Specified Roads, loads shall be safely secured before trucks move from the landing or loading location.

KT-GT.3.7 - SUBSTITUTE METHODS

. (2/2005) Notwithstanding other provisions herein, for minor changes such as changes in logging systems for areas smaller than 5 acres, Contractor and Forest Service may agree in writing that use of substitute methods or equipment will achieve Forest Service objectives under this contract and may be used in lieu of those specified for Contractor's Operations.

KT-GT.4.1# - FELLING, BUCKING, AND LIMBING. (8/2007) Unless otherwise agreed in writing, Contractor’s felling, bucking, and limbing operations shall be conducted as specified in the table below.

SPECIFICATIONS AND TREATMENTS PURSUANT TO KT-GT.4.1# - FELLING,

BUCKING AND LIMBING

Treatment Method Felling, Bucking and Limbing Specifications

Limbing

Outside of construction clearings, Clearcutting Units and regeneration units, unless otherwise provided by GT.4.1.4, Contractor shall, prior to skidding/yarding operations, cut exposed limbs from products which are to be skidded/yarded.

Such limbing of stems shall be done to a top diameter of approximately NA inches, at which point the top shall be cut from the remainder of the stem.

No Lop

“No Lop” “N/A”

Within units or subdivisions designated NO LOP on Contract Area Map, trees shall be skidded/yarded to agreed landing locations prior to lopping.

Whole Tree Yarding

“Whole”

“N/A”

Notwithstanding the requirements above, within units or subdivisions designated “Whole” on Contract Area Map, trees smaller than 20 inches DBH shall be skidded/yarded to agreed landing locations prior to limbing, bucking, and lopping. Trees larger than or equal to 20 inches DBH shall be bucked into two or more pieces with the butt portion being no longer than 41 feet prior to skidding/yarding. The butt log shall be limbed prior to skidding/yarding.

Directional Felling

“DF”

Within areas designated DF on Contract Area Map, Included Timber shall be directionally felled away from cabins and other structures. This includes all associated amenities such as: telephone lines and boxes; distribution power lines; propane tanks; buried sewer, water and gas lines; fire hydrants; water faucets; rock retaining wall; roads; parking areas; signs; barriers; picnic tables;

outside furniture; garbage cans; outbuildings; meadows; amphitheatre; controlled areas; etc. with the use of specialized equipment. Such directional felling shall not be required when in the faller’s judgment it is unsafe to do so, and shall be left standing.

Maximum Log Length

“NA”

Cut trees shall be bucked prior to skidding so that resulting logs shall not exceed the maximum log length including trim allowance shown in following table:

Unit Number Maximum Log Length

Minimum Stump Height

Unit Minimum Stump Height

Purpose or Reason

Contract Area 1 inch for trees 10.0 inches dbh or greater

Accountability

KT-GT.4.2# - GROUND BASED SKIDDING. (12/2006) Unless otherwise agreed in writing, the method of skidding Included Timber shall be as shown on the Contract Area Map, by areas, with symbols defined in the following table:

Ground-Based Skidding Table - KT-GT.4.2#

Map Symbol Requirements TRAC Skid road pattern shall be agreed in advance of felling and main skid roads shall be flagged on the ground in advance of felling. Contractor shall stage-log by felling and skidding Included Timber in two or more separate operations when necessary to prevent undue damage to the resources or residual stand. Needed tractor trails shall be constructed in advance of skidding.

Products shall be end-lined as needed to protect resources or residual timber from unnecessary damage. The number of chokers shall be limited as necessary to avoid unnecessary damage to resources or residual timber. By agreement, tractors may be used to separate products to prevent stain.

SUSP Products shall be skidded with leading end clear of ground.

SPACE Skid roads will average 132 feet from center to center, except where converging.

ENDL Endlining shall not be required for distances in excess of 60 feet uphill, and 120 feet downhill.

MAX Tractors used for skidding outside Clearcutting Units, regeneration units or other authorized clearings, shall be of the type (rubber-tired or track-laying) shown on the Contract Area Map and shall not exceed the overall width designated on Contract Area Map.

KT-GT.7# - SLASH TREATMENT

. (12/2006) Contractor shall pile, scatter, yard, construct firelines or otherwise treat slash defined in specifications below, within designated areas. Work required of Contractor shall be in accordance with the following slash plan and specifications, and the Contract Area Map.

All vegetative debris associated with construction of Specified Roads such as unutilized timber, brush and grubbed stumps is Construction Slash. Measures to be taken by Contractor for treatment of Construction Slash are set forth in the attached road construction specifications and in the attached slash treatment specifications.

Vegetative debris larger than 1 inch in diameter outside bark and 3 feet long resulting from Contractor's Operations, other than Construction Slash, is Logging Slash. Measures to be taken by Contractor for treatment of Logging Slash are set forth below unless otherwise agreed in writing.

Forest Service and Contractor shall jointly develop a schedule for completion of slash treatment on the various portions of Project Area prior to Contractor's Operations.

Removing may be substituted for treatment of any other specified method.

By agreement in writing, certain slash may be left for fuelwood. When the specified treatment is by a combination of methods, Logging Slash not treated by one of the methods shall be treated by the other(s).

See the slash treatment specification table below.

SPECIFICATIONS PURSUANT TO KT-GT.7# - SLASH TREATMENT (12/2006)

Specified slash treatment methods shall be shown on Contract Area Map or listed in the following tables by the following symbols:

Symbol Method

Definition

Chip "Chipping" Chippable Logging Slash up to 9.9 inches d.o.b. shall be processed through a chipping machine. Slash includes tops of sawlog trees, small trees (3 feet tall to 9.9 inches dbh), limbs and recut stumps. Chips shall be scattered to a loose depth not exceeding 2 inches within Disposal Sotes shown on Contract Map.

Mach "Machine Piling" Concentrations of Logging Slash, excluding scattered individual pieces, shall be Machine Piled by tractor equipped with brush rake for disposal by Forest Service.

Pile "Piling" small material Logging Slash smaller than 10 inches in large end d.o.b. and 4 feet long shall be Hand Piled for disposal by Forest Service.

Remove "Removing" Logging Slash, including residue, debris, recut stumps and boles with embedded metal shall be moved or hauled to locations shown on Contract Area Map (F.S. Road 41823K) for disposal by F.S.

Scat 18" Scat 30"

"Scattering" Logging Slash shall be scattered to reduce slash concentrations with slash being generally left within 18 or 30 inches of the ground as shown on Contract Area Map.

Logging Slash shall be scattered into openings away from and without unnecessary damage to residual trees. All scattered logs shall be limbed, placed away from trees and positioned so they will not roll.

Stack “Stacking” small material

Logging Slash 9.9 inches or smaller in large end d.o.b. and 3 feet or less in length shall be stacked for firewood use by Campground Guests by piling pieces parallel to each other.

Firewood material may contain embedded metal

YUMR “Yarding Unutilized Material-Removal”

All unutilized material developed by Contractor’s Operations shall be treated by the d.o.b. and length specifications as shown in the unit specification table. All unutilized material shall be removed to locations shown on Contract Area Map (F.S. Road 41823K), or other agreed locations, and Decked.

Unit

Large End d.o.b. (in)

Length (feet)

Contract Area 10.0 10.0

Cover

“Covering Piles”

All piles shall be covered with a durable waterproof covering as approved by Forest Service. The material shall be at least six feet in width. Piles shall not be less than fifty percent covered, with the covering extending not less than half way down all sides. Pieces of burnable material shall be placed on top of the covering to keep the covering from blowing off the pile.

Fell “Damaged Small

Tress” Unless treated under other provisions, all trees smaller than the minimum d.b.h. in AT.2, over 5 feet in height, and damaged beyond recovery by Contractor's Operations shall be felled.

Such trees shall be limbed to a stem diameter outside bark of approximately 3 inches, at which point the top shall be cut from the remainder of the stem, and shall be bucked into lengths not exceeding 20 feet.

PILING SPECIFICATIONS. All piles shall be reasonably compact and free of soil to facilitate burning and shall be constructed of such size and at such distance from trees so that burning shall not result in unnecessary damage to residual timber. Such Logging Slash shall be bucked into lengths not exceeding ten feet prior to piling. Maximum width of tractor, with brush rake attached, shall not exceed 120 inches.

Machine Piling is not required on areas where use of tractors would cause undue damage to residual timber or where slopes exceed 25 percent. Machine Piles shall be located a distance of at least twice their height in feet from the outer edge of tree crowns or snags. Machine Piles shall be no less than four feet in height or greater than 15 feet in height. Material extending three feet or more outside the edge of a pile shall be trimmed. An eight foot fuelbreak shall be cleared of all but fine material around each Machine Pile and an 18 inch wide fireline shall be cleared to mineral soil around the outer ring of the fuelbreak. Hand Piles shall not be more than six feet in height or more than six feet wide. For hand piles, Contractor shall construct a fireline cleared to mineral soil and at least 3 feet wide around each pile. In areas where there is a potential for burning material to roll, firelines, including those for Machine Piles, shall be trenched on the downhill side of each pile to adequately prevent material from crossing firelines. Trenches shall be constructed by hand unless otherwise agreed.

CUT UNIT AND PAYMENT UNIT SLASH TREATMENT SPECIFICATION

S.

SLASH TREATMENT

Payment Unit or Cut Unit No. Specified Method Prohibited Method

23H

Chip (Remove Chips to Disposal Sites w/in Units 23D, 23O and 23P and Scatter Chips).

Remove tree debris and residue, embedded metal boles and recut stumps to Disposal Site on F.S. Road F.S. 41623K and Pile/Mach.

Scat and Stack

19 and 23A

Units 23D, 23O and 23P and Scatter Chips).

Remove YUM, embedded metal boles and recut stumps to Disposal Site on F.S. Road F.S. 41623K and Pile/Mach.

23C and 23Q

Units 23D, 23O and 23P and Scatter Chips)

Remove YUM, embedded metal boles and recut stumps to Disposal Site on F.S. Road

Pile (in Remote Areas) 1/

23D, 23O and 23P

Chip (Scatter Chips) and Stack Firewood

Remove YUM to Disposal Site on F.S. Road

Scat

1/ In remote ares within Unit where it is infeasible (too far) to manually drag material to chipper LANDINGS AND DISPOSAL SITES. Unutilized logs accumulated at landings and disposal sites shall be Decked by Contractor for disposal by Forest Service. The maximum height of decks is shown in the following table. Other slash accumulated at landings and disposal sites shall be kept separate from unutilized logs and treated by the method shown in the following table.

Payment Unit or Cut Unit No.

Specified Method

Maximum Height

Disposal Sites

Units 23D, 23O and 23P

For Chips and Firewood

Scatter Chips to a height not to exceed 2 inches

Disposal Site

F.S. Road 41823K

For YUMR, boles with embedded metal, recut stumps, tree debris and residue

8 Feet

TREATMENT ALONG PERMANENT ROADS Permanent roads that require roadside slash treatment are listed in the attached table and shown on Contract Area Map. All Logging and Construction Slash within Required Disposal Strips shall be treated by Contractor. "Required Disposal Strips" are those areas adjacent to permanent roads where slash treatment is required for resource objectives. The width of Required Disposal Strips is shown in the attached table and is measured in slope distance from Roadbed edges of permanent roads. By agreement, in Clearcutting Units and regeneration units slash from Required Disposal Strips may be treated with other Logging Slash. By agreement the location of Required Disposal Strips may be adjusted from side to side without materially changing the total work required.

Slash treatment in Required Disposal Strips shall be accomplished without affecting the proper functioning of channels leading to and from drainage structures.

Logging Slash larger than treatment size requirements of the specified method shall either be Scattered outside Required Disposal Strip, within Required Disposal Strip or Decked at agreed locations as shown in the attached table.

Road No.

Payment Unit and/ or Cut Unit No. or Road Juncitons (From To)

Width of Required

Disposal Strip

Specified Method

Slash Larger Than Treatment Size

Requirements of Specified Method

TREATMENT ALONG TEMPORARY ROADS. Outside of Clearcutting Units or regeneration units, all trees felled or pushed over and trees damaged beyond recovery by Temporary Road construction shall be felled, limbed to a stem d.o.b. of approximately 3 inches, at which point the top shall be cut from the remainder of the stem, and stem shall be bucked into lengths not exceeding <> feet. Such slash shall be Scattered free of soil to reduce concentrations unless treatment is required by another specified method.

ADDITIONAL SLASH TREATMENT REQUIREMENTS. Within areas shown on Contract Area Map, Contractor shall perform work according to the specifications in the attached Table, unless otherwise agreed in writing.

Cut Units, Payment Units, Roads and or Road Segments

Additional Slash Treatment Requirements

KT-GT.8-2# - Measuring - Option 2. (2/2005) Timber quantity estimates in AT.2 were made as described in the Forest Service Handbook FSH 2409.12, Timber Cruising Handbook, available for inspection in the offices of the Forest Supervisor and District Ranger.