Appendix_B_Timber_Removal.pdf

South Big Bear Stewardship

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

*BT.0 CONTRACT AREA

*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.3.4 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 *ET.3 Deposits When Payment Guaranteed

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

WO-KT-CT.1.1# Timber Subject to Agreement (9/04) WO-KT-CT.3# Reserve Trees (9/04) WO-KT-IT.6.8# Use of Timber (Option 1) (9/04)

List of Special Provisions R5-KT-CT.3.5# DESIGNATION OF TIMBER, CUTTING UNIT BOUNDARIES, AND SUBDIVISION/PAYMENT UNIT BOUNDARIES.

(6/2012)

R5-KT-FT.3.5# ROAD AND WATER SUPPLY USE. (5/2008)

R5-KT-GT.3.1.4 RELEASE OF PAYMENT UNITS. (2/2005)

R5-KT-GT.3.1.5# PROJECT OPERATION SCHEDULE (12/2006)

R5-KT-GT.3.3.1 LOG TRUCKING. (2/2005)

R5-KT-GT.3.7 SUBSTITUTE METHODS. (2/2005)

R5-KT-GT.4.1# FELLING, BUCKING, AND LIMBING. (8/2007)

R5-KT-GT.4.2.8 LANDINGS. (2/2005)

R5-KT-GT.5 STREAMCOURSE PROTECTION. (2/2005)

R5-KT-GT.6# EROSION PREVENTION AND CONTROL. (5/2008)

R5-KT-GT.8 opt 1# MEASURING - Option 1. (2/2005)

R5-KT-GT.8.3 ACCOUNTABILITY. (2/2005)

Division AT Location and Area:

This Contract Area of 1263 acres more or less is located in: T. 2 N., R 1 W. Sections 25 and 36, T. 2 N. R. 1E.

Sections 27, 28, 29, 30, 31, 32 and 34, S.B.M., Unsurveyed, San Bernardino County, California

Volume Estimate and Utilization Standards

Species Group Product Estimated Quantity *

Unit of Measure

Minimum Specifications Merchantable Tree Piece Required to be Removed Diameter Breast High (d.b.h.)

(inches)

Number of Minimum Pieces per Tree

Length

(feet)

Diameter Inside Bark at Small End

(inches)

1/

All Coniferous Species Sawlog 835 CCF 10.0 1 10.0 6.0 12

Biomass 692 CCF 3.0 1 6.0 NA 16

Timber Subject to Agreement All Coniferous Species Biomass Unknown CCF 1.0 1 2.0 1.0 NA

Total Quantity 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) 1257 Incompletely Measured (CT.3) Designation by Description or Prescription (KT-CT.3)

High Stumps

Species Product Maximum Stump Height (inches)

All Coniferous Species Sawlog

Biomass

Roads Name and Date of Governing Road Specifications:

Project Design Class

Approx.

Length

(mi./km.)

Sheet Numbers and

Approval Date

Performance Responsibility

Survey Design Const.

Staking1/ Road No. Name

1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC).

Specification sheets with itemized construction codes also attached

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

1 10 All Coniferous Species Sawlog

Biomass

CCF

1A 7 All Coniferous Species Sawlog

7 131 All Coniferous Species Sawlog

8 3 All Coniferous Species Sawlog

9 15 All Coniferous Species Sawlog

14 13 All Coniferous Species Sawlog

16 21 All Coniferous Species Sawlog

17 18 All Coniferous Species Sawlog

19A 8 All Coniferous Species Sawlog

39 15 All Coniferous Species Sawlog

39A 10 All Coniferous Species Sawlog

39B 10 All Coniferous Species Sawlog

45 10 All Coniferous Species Sawlog

Biomass 2 CCF

47B 82 All Coniferous Species Sawlog

Biomass

47C 37 All Coniferous Species Sawlog

48 3 All Coniferous Species Sawlog

51 5 All Coniferous Species Sawlog

52 159 All Coniferous Species Sawlog

52A 112 All Coniferous Species Sawlog

52B 90 All Coniferous Species Sawlog

52C 2 All Coniferous Species Sawlog

55 71 All Coniferous Species Sawlog

55A 14 All Coniferous Species Sawlog

58 105 All Coniferous Species Sawlog

58A 159 All Coniferous Species Sawlog

58B 104 All Coniferous Species Sawlog

58C 38 All Coniferous Species Sawlog

58D 7 All Coniferous Species Sawlog

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 South Big Bear Stewardship Contract except where otherwise specifically referenced. “Timber” when used in this appendix includes timber and other products.

BT.0—CONTRACT AREA

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. 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 Contract Area, except as otherwise provided. Contract Area Map indicates Payment Units, if any, where Marking is to be done after solicitation, except for construction clearing, minor changes, and damaged timber. The boundaries of cutting units were plainly marked on ground before solicitation 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.3.4 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 or 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 and Required Deposits, 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 Subdivision 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 and Required Deposits.

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 and Required Deposits 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 Stewardship Account “Stewardship Account” is an account of all Contractor’s deposits, credits, Payment Guarantees, and the charges for:

a. Timber, or other Products at rates specified in contract

b. Slash disposal and road maintenance at Required Deposit rates,

c. Stewardship Credits established,

d. Contract Scaling Deposits, and

e. Other Charges provided in this contract.

Cash deposits and Stewardship Credits earned 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 volume and value of such timber cut and scaled. Charges against Stewardship Credits shall be limited to timber value in excess of Required Deposits. Required Deposits and Other Charges shall be paid in cash.

Contractor shall make cash deposits to meet Contractor’s obligations within 15 days of billing by the Forest Service. Deposits shall be made to Forest Service, USDA, by mail or delivery to the address shown on the bill for collection.

ET.3 - Deposits When Payment Guaranteed. (05/10) To the extent payment guarantee is provided under Clause entitled, “PRODUCT PAYMENT GUARANTEE” requirements for advance cash deposits shall be waived for the value of Product on contract area that is cut, but not removed, and for the value of Products removed from contract area, up to limit of remaining stewardship credits to be earned and exchanged for value of included product except for Required Deposits and Associated Charges. Associated charges shall be waived for not more than one monthly billing period.

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 15 , 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 Normal Operating Season (April 1 to December 31) , Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

GT.6.7 Erosion Control Structure Maintenance. During the period of this contract, Contractor shall provide maintenance of soil erosion control structures constructed by Contractor until they become stabilized, but not for more than 1 year after their construction. Contractor shall not be responsible for repair of such structures damaged by other National Forest users whose activities are not a part of Contractor’s Operations.

GT.7 Slash Disposal. Contractor’s timing of product removal and preparatory work shall not unnecessarily delay slash disposal. Specific slash disposal measures to be employed by Contractor are stated in elsewhere herein 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 Product 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-CT.1.1# – TIMBER SUBJECT TO AGREEMENT. (9/2004) In addition, there is within Contract Area an unestimated quantity of:

Species Product All Coniferous Species

Green Biomass that shall be Included Timber upon written agreement.

KT-CT.3# – RESERVE TREES. (9/2004) Notwithstanding the designations for cutting under CT.3.1, CT.3.2, CT.3.3, or CT.3.4, live or dead wildlife reserve trees or groups of reserve trees within such cutting units or clearings shall be left uncut. Reserve trees are identified by white paint and shall be protected. Units with reserve trees are shown on Contract Area Map.

KT-CT.3.5# - DESIGNATION OF TIMBER, CUTTING UNIT BOUNDARIES, AND SUBDIVISION/PAYMENT UNIT BOUNDARIES (6/2012) Trees are designated for cutting under BT.3.5# only if designated as shown in the Timber Designation table below. The boundaries of Subdivisions/Payment Units and Cutting 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, CUTTING UNIT

BOUNDARIES, AND SUBDIVISION/PAYMENT UNIT BOUNDARIES

Timber Designation Table

Cutting Unit/ Subdivision/Area/Pay ment Unit

Tree Paint Color

Designation or Specification

All Green Hazard Tree. Notwithstanding BT.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.

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

All White Wildlife Trees. Notwithstanding the designation for cutting under BT.3.l, BT.3.3, BT.3.4,or BT.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.

All Black Marked Out Trees. When it is necessary to delete previously marked trees, a unique tree marking paint color will be Marked over or adjacent to the original mark, but will not obscure the original marking. Trees Marked with the original marking paint color and the unique tree marking paint color are not Included Timber.

Subdivision/Payment Unit and Cutting Unit Boundary Designation Table

Subdivision/Payment Unit Boundary Paint

Boundary Designation

All Orange Unit boundaries have been designated with Blue flagging with yellow tags and orange paint above and below stump height on yellow tagged trees.

Cutting Unit Boundary Paint

Boundary Designation

All Orange Unit boundaries have been designated with Blue flagging with yellow tags and orange paint above and below stump height on yellow tagged trees.

KT-FT.3.5# – ROAD AND WATER SUPPLY USE. (5/2008) National Forest water supply locations, access, method of filling trucks, period of water availability and procedures designed to maintain water quality at each location shall be agreed in advance of use. Such use shall at no time reduce water supplies to the level that further use may be detrimental to aquatic resources or other established use. Waterholes and other improvements relating to said water supplies shall be put into condition, prior to expected seasonal periods of precipitation or runoff, to avoid resource damage.

Damage to resources at such locations caused by Contractor's Operations, other than fire suppression activities, shall be repaired by Contractor in a timely and agreed manner to the extent practicable to restore and prevent further resource damage.

Unless otherwise agreed, Contractor’s use of roads and other water supply requirements shall conform to the following table.

SPECIFICATIONS PURSUANT TO KT-FT.3.5# - REQUIREMENTS OF ROAD AND WATER SUPPLY USE

Load Limitations Contractor shall notify Forest Service in writing of the planned size and load distribution for equipment which exceeds the State of California Vehicle Code legal size and weight, and the National Forest System roads to be used. Such notice may be part of plan of operation under GT.3.1.1. Within l5 days after receipt of the written notice Forest Service shall notify Contractor in writing of any regulations or restrictions that may be needed to protect National Forest Transportation Facilities.

A written permit shall be required for moving any vehicle which is in excess of the established legal size and weight which is not listed in the above plan, except as may be authorized in prior written agreements.

Existing Non- National Forest System Roads

Roads not shown on Contract Area Map may be used as Temporary Roads if there is agreement before use is started.

Snow Removal

If Contractor removes snow from roads, such work shall be done with Forest Service approval and in a manner that will protect roads and adjacent resources.

Snow berms shall be removed or placed to avoid accumulation of melt water on the road and prevent water concentration on erosive slopes or soils.

Snow must not be removed to the road surface. A minimum 3 inch snow depth must be left to protect the roadway. If the road surface is damaged, Contractor shall replace lost surface material and repair structures damaged in blading operations prior to hauling, unless climatic conditions prevent necessary work from being accomplished or as otherwise agreed in writing.

Single lane roads shall be plowed full width including turnouts. In event double lane roads are not plowed to full width, warning signs shall be required and plowing shall be no less than single lane (12 feet) with intervisible turnouts.

Water Supply Deposits

NA

Surface Replacement Deposits

NA

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 at 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)

Subdivision/ Area/Unit

Conditions of Operation

Purpose

All No Ground-based mechanical operations allowed January 1 to March 31

Winter Operating Season

All areas identified on Contract Area Map

No operations allowed February 1 to August 15

Spotted Owl Limited Operating Period

All areas identified on Contract Area Map

No operations allowed May 1 to August 31

Southwestern Willow Flycatcher Limited Operating Period

All areas identified on Contract Area Map

No operations allowed March 1 to July 31

Mountain Yellow-legged Frog Limited Operating Period

All Helicopter Operations

No operations allowed less than 345 feet above tree tops January 1 to December 31

Over Spotted Owl Nest Stands and within LOP’s and within ¼ mile of Bald Eagle Daytime Perch Sites

KT-GT.3.2# – PROTECTION OF RESERVE TREES. (9/2004) Contractor’s damage or destruction of reserve trees will cause serious and 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 $1/_250.00 for each 2/ wildlife reserve tree and $1/ NA for each 2/ NA reserve tree damaged or destroyed by Contractor's Operations, in addition to amounts payable under DT.4.4 and DT.4.5.

Damage, as used herein, includes any injury to the living crown, bole, or roots of reserve trees. If areas are marked on the ground around such reserve trees, operation of heavy equipment or skidding of products within the area shall be considered to be damage to the tree.

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

No Lop

“No Lop”

Whole Tree Yarding

“Whole”

Directional Felling

“DF”

Within areas designated DF on Contract Area Map, Included Timber shall be directionally felled away from all improvements and streamcourses 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.

Treatment of Stumps

“TS”

Within areas shown on Contract Area Map, Contractor shall treat stumps of all live coniferous trees equal to or greater than 3 inches stump diameter, (measured inside bark) unless otherwise agreed in writing. Treatment shall be with a borate compound registered by EPA in the State of California for prevention of annosus root disease.

Treatment shall consist of removal of sawdust and other loose debris from the cut surface of the stump and application of a thin layer of the borate compound uniformly over the entire cut surface, including exposed wood surfaces on the stump sides, at the rate specified on the product label. Any surface irregularities on the stump preventing application of a uniform layer of borate compound shall be cut level prior to treatment. Unless waived in writing, Contractor shall also apply an approved colorant mixed with the borax to insure complete coverage. Treatment should be done as soon as possible but shall be completed no later than 1 hours after felling, otherwise stumps shall be re-cut and treated.

Contractor shall not apply borate compound during heavy rain fall or when such precipiation rate is predicted within 2 hours of application to cause borate compound to be flushed off the stump and become ineffective, in that case treatment shall be reapplied. Application shall be completed within 24 hours of the precipitation having ceased.

Borate compound also shall not be applied to stumps located within 25 feet of live streamcourses and meadows/wetlands shown on Contract Area Map and/or 15 feet of sensitive plant location boundaries as flagged on the ground.

Contractor shall provide the borate compound and colorant and apply it in compliance with the State of California laws and regulations pertaining to pesticides and pest control operations. Borate compound storage shall be located such that any spillage will not contaminate water. All spills shall be promptly cleaned up and spilled material disposed of according to the product label. All spills occuring in water or over 25 pounds shall be reported to Forest Service within 24 hours.

Contractor shall submit at the end of each month a “Monthly Summary of Pesticide Use Reports” to the appropriate County Agricultural Commissioner with a copy to the District Ranger.

KT-GT.4.2.8 - LANDINGS. (2/2005) Unless otherwise agreed in writing, on areas designated on Contract Area Map, landings shall be restricted to a size that will require use of a shovel or heel boom loader. Landing size shall be kept to a minimum consistent with safe yarding and loading operations.

KT-GT.5 - STREAMCOURSE PROTECTION. (2/2005) Unless otherwise agreed in writing, wheel or track laying equipment shall not operate within "Buffer Strips" except as necessary for fire suppression activities.

“Buffer Strips” are areas marked on the ground or are within the distances identified on the Contract Area Map measured from the apparent high water mark of streamcourses. Boundaries of Buffer Strips may be modified by agreement in writing to meet unforeseen operating conditions.

Culverts, bridges, or other suitable structures shall be required on skid roads and trails only at points where it is necessary to protect Stream courses. The type of crossing structures, method of installation and removal shall be determined by agreement. Contractor in accordance with KT-GT.6 - Erosion Prevention and Control, shall remove such structures and associated fills.

Damage to Stream course or Buffer Strips caused by unauthorized Contractor's Operations shall be repaired by Contractor in a timely and agreed manner to the extent practical as determined by Forest Service to restore and prevent further damage to Stream courses.

KT-GT.6# - EROSION PREVENTION AND CONTROL. (5/2008) Erosion prevention and control work, including Streamcourse protection, required by KT-GT.5 and GT.6 shall be completed within l5 calendar days after skidding operations related to each landing are substantially completed or after Forest Service designation on the ground of work where such designation is required hereunder. Said time limit shall be exclusive of full days lost in Contractor's Operations due to causes beyond Contractor's control. Such on the ground designation shall be done as promptly as feasible unless it is agreed that the location of such work can be established without marking on the ground. After September 15 and as long thereafter as operations continue the work shall be done as promptly as practicable. Damage resulting from Contractor's Operations due to failure to perform required work shall be repaired by Contractor.

Notwithstanding other provisions in this contract and unless otherwise agreed in writing, any hay, straw, or mulch used in this contract shall be State of California certified weed free.

Additional erosion control requirements of this contract are listed in the following table.

SPECIFICATIONS PURSUANT TO KT-GT.6# - EROSION PREVENTION AND CONTROL.

Vegetative Soil Stabilization NA Special Erosion Prevention Measures NA Soil Scarification NA Backblading NA

Tillage NA

KT-GT.8-1# – MEASURING – Option 1. (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. When trees are marked after date of project advertisement, or when volume is added pursuant to CT.1.3, CT.1.3.1, CT.1.3.2, CT.1.3.3, CT.1.3.4, CT.1.4, CT.3.7, CT.4, or other authorization hereunder, each tree shall be measured using procedures in FSH 2409.12.

Tables used for volume determinations are listed in the following List of Volume Tables.

List of Volume Tables (KT-GT.8)

Species Name of Volume Table Date

DOUGLAS-FIR R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 PONDEROSA PINE R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 JEFFREY PINE R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 SUGAR PINE R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 WESTERN WHITE PINE R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 LODGEPOLE PINE R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 WHITE FIR R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 RED FIR R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 GRAND FIR R-5 Cubic Foot Volume Tables to a Utilization Top 9/97 INCENSE CEDAR R-5 Cubic Foot Volume Tables to a Utilization Top 9/97

Values listed in the tables are in gross volumes to a utilization (utilizable) top. Use standard deduction methods described in the Timber Cruising Handbook (FSH 2409.12), Region 5 Supplements.

KT-GT.8.3 - ACCOUNTABILITY. (2/2005) Forest Service and Contractor shall agree upon the haul route(s) prior to use. All products removed from Contract Area shall be transported over the designated route of haul.

Contractor shall:

(a) Require truck drivers to sign form R5-2400-242, product removal permit, assure permit is attached to the load prior to removal from the Contract Area and while in transit to load destination.

(b) Assign a competent individual at the landing to record the following information for each load on the product removal permit provided by Forest Service:

1. Date and time load is punched out with a paper punch or equivalent

2. Truck ID or license number

3. Load destination

Used books of product removal permits (stub portion) shall be returned to the Forest Service at least weekly, unless otherwise agreed.

(c) Require truck drivers to stop for transportation inspections, if requested by Forest Service, when products are in transit from Contract Area to Contractor's processing facility(s).

(d) Inform truck drivers of the designated route(s) of haul, the agreed upon location(s) for transportation inspections, the method of alerting drivers of an impending stop, and the fact that loads may be inspected at other locations where it is safe and possible to do so.

(e) Require truck drivers to assure the product removal permit is secured to each load of product (including chip vans, dump trucks or other container used for removing material) on the front lower corner of the drivers side of the load. Staple product removal permits to a log or attached piece of wood or other suitable material. Product removal permit shall remain attached to log until manufactured into products or if chips, until load has been unloaded. After logs are processed or load of chips unloaded the product removal permit shall be either destroyed or otherwise rendered unusable, unless otherwise agreed.

KT-IT.6.8# – USE OF TIMBER. (9/2004) (a) This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 USC 620, et seq.).

(b) Except for 1/ NONE determined pursuant to public hearing to be surplus, unprocessed Included Timber shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by Contractor or any person as defined in the Act (16 USC 620e).

(c) Timber in the following form will be considered unprocessed:

(i) Trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use;

(ii) Lumber, construction timbers, or cants intended for remanufacturing not meeting standards defined in the Act (16 USC 620e); and

(iii) Aspen or other pulpwood bolts exceeding 100 inches in length.

(d) Unless otherwise agreed in writing, unprocessed Included Timber shall be delivered to a domestic processing facility and shall not be mixed with logs intended for export.

(e) Prior to award, during the life of this contract, and for a period of 3 years from Termination Date, Contractor shall furnish to Forest Service, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by Contractor or affiliates.

(f) Prior to delivering unprocessed Included Timber to another party, Contractor shall require each buyer, exchangee, or recipient to execute an acceptable agreement that will:

(i) Identify the Federal origin of the timber;

(ii) Specify domestic processing for the timber involved;

(iii) Require the execution of such agreements between the parties to any subsequent transactions involving the timber;

(iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable; and

(v) Otherwise comply with the requirements of the Act (16 USC 620d).

(g) No later than 10 days following the execution of any such agreement between Contractor and…