Appendix_B_Wimpcat.pdf

Appendix B – Wimpcat Stewardship Service

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.3.3 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 *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

Wimpcat Stewardship IRSC

THE FOLLOWING IS A COMPLETE LIST OF WO KT CLAUSES THAT CAN BE USED FOR THE TREE MEASUREMENT VERSION OF THE IRSC. LIST ONLY WO OR REGIONAL K CLAUSES THAT ARE DEEMED APPLICABLE AND NOT IN CONFLICT WITH SECTIONS

IN PART I.

WO-KT-CT.1.1# Timber Subject to Agreement (9/04)

WO-KT-CT.3.5.1# Designation by Spacing (9/04) WO-KT-IT.6.8# Use of Timber (Option 1) (9/04)

Division AT Location and Area:

This Contract Area of 414 acres more or less is located in:

T27N, R12E, Sec 1, 2, 3, 11 and 12, MDBM.

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

1/

Combined Softwood Sawtimber 1747 CCF 10.0 1 10 6.0 12

Timber Subject to Agreement

Combined Softwood Non-Saw 2145 CCF 3.0 1 6 1 16

Total Quantity 3892 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) 414 Incompletely Measured (CT.3) Designation by Description or Prescription (KT-

CT.3)

High Stumps

Species Product Maximum Stump Height

Combined Softwood

All Species listed in Schedule of Payment Units

Sawtimber

Non-Sawtimber

12.0

6.0

Roads Name and Date of Governing Road Specifications: Forest Service Specifications for Construction of Roads and Bridges, Project Design Class

Approx.

Length

(mi./km.)

Sheet Numbers and

Approval Date

Performance Responsibility

Survey Design Const.

Staking1/ Road No. Name 29N43 Antelope SL-10 0.15 Sheet 9 8/17 FS FS FS-BC 27N46 Wemple SL-05 0.16 Sheet 10 8/17 FS FS FS-BC

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

41 2.6

LP sawtimber 14.2 ccf 1.00 NA PP sawtimber 2.9 ccf 5.00

WF sawtimber 12.9 ccf 4.01

89.8

DF sawtimber 0.3 ccf 6.42

NA

IC sawtimber 0.8 ccf 5.00

LP sawtimber 16.6 ccf 1.00

PP sawtimber 43.8 ccf 5.00

SP sawtimber 0.3 ccf 5.00

WF sawtimber 396.7 ccf 4.01

108.9

DF sawtimber 1.8 ccf 6.42

LP sawtimber 70.0 ccf 1.00

PP sawtimber 74.8 ccf 5.00

WF sawtimber 318.3 ccf 4.01

5.4

DF sawtimber 1.4 ccf 6.42

IC sawtimber 4.7 ccf 5.00

LP sawtimber 22.0 ccf 1.00

PP sawtimber 13.7 ccf 5.00

SP sawtimber 0.4 ccf 5.00

WF sawtimber 22.7 ccf 4.01

4.6

LP sawtimber 0.1 ccf 1.00 NA PP sawtimber 0.3 ccf 5.00

WF sawtimber 10.8 ccf 4.01

90.6

DF sawtimber 2.9 ccf 6.42

IC sawtimber 0.3 ccf 5.00

LP sawtimber 0.6 ccf 1.00

PP sawtimber 41.2 ccf 5.00

SP sawtimber 0.4 ccf 5.00

WF sawtimber 101.0 ccf 4.01

24.8

PP sawtimber 5.1 ccf 5.00 NA WF sawtimber 58.6 ccf 4.01

DF sawtimber 2.1 ccf 6.42

48.3

IC sawtimber 5.6 ccf 5.00 NA LP sawtimber 7.4 ccf 1.00

PP sawtimber 50.8 ccf 5.00

WF sawtimber 108.7 ccf 4.01

68 7.4 PP sawtimber 1.7 ccf 5.00 NA WF sawtimber 9.0 ccf 4.01

27.8

DF sawtimber 4.9 ccf 6.42 NA IC sawtimber 13.3 ccf 5.00

PP sawtimber 50.2 ccf 5.00

WF sawtimber 42.9 ccf 4.01

76 7.2 DF sawtimber 8.8 ccf 6.42

IC sawtimber 0.1 ccf 5.00

LP sawtimber 28.5 ccf 1.00

PP sawtimber 63.3 ccf 5.00

WF sawtimber 110.8 ccf 4.01 Species and volumes are derived from the UC1 Report of Cruise# 21602, WIMPCAT STEWARDSHIP – Oct 3, 2016.

APPLICABLE REGIONAL CLAUSES MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CLAUSES FOR TREE MEASUREMENT TIMBER REMOVAL CONTRACTS

(Applicable to Contracts to be Measured Before Felling)

This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part BTl.0, Section BTl.1, Subsection BTl.11, and Item BTl.111. References to a Part include all Sections, Subsections, and Items within that Part; references to a Section include all Subsections and Items within that Section; and references to a Subsection include all Items within that Subsection. Cross references within this contract cite the reference number of the applicable Division, Part, Section, Subsection, and Item. Descriptive headings used are not to be considered in determining the rights and obligations of the parties hereunder. The Standard Clauses in this Division are subject to Specific Conditions of the contract stated in Division AT. Wherever appropriate, Specific Conditions established in Division AT are herein cited by reference number. References to Standard Clauses also apply to Special KT Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the Name 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.3.3 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 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.4.3 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 INSERT DATE OF LAST DAY OF FOREST/DISTRICT TYPICAL WORK 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 INSERT DATES OF PERIOD OUTSIDE TYPICAL WORK SEASON i.e.; Nov. 1 – March 30 , Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

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

GT.7 Slash Disposal. Contractor’s timing of product removal and preparatory work shall not unnecessarily delay slash disposal. Specific slash disposal measures to be employed by Contractor are stated in 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 cutand 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. (9/04) In addition, there is within Contract Area an unestimated quantity of:

Species Product Combined Softwood Grn Bio Cv 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 C.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

Unit/ Subdivision/Area/Pay ment Unit

Tree Paint Color

Designation or Specification

Contract Area GREEN 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.

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

Unit 49 WHITE Leave Tree Mark. All live TREES 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.

Contract Area WHITE 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.

Payment Units 42, 43, 49, 50, 52, 53, 67, 68 and 70

Designation by Spacing KT-CT.3.5.1#

Designation by Species and Diameter, KT-CT.3.5.2# Designation by Damage Class, KT-CT.3.5.3# 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 ORANGE Unit boundaries have been designated with BLUE flagging and have been marked with ORANGE paint.

Three orange vertical stripes are painted on boundary trees, facing into the harvest units. Boundary trees too small to have three vertical stripes are painted with one vertical stripe. Boundaries are not painted along existing roads.

Contract Area N/A Non-Treatment area boundaries inside of harvest units are designated with YELLOW flagging. Boundaries are not painted along existing roads.

Contract Area N/A Meadow Protection and Streamcourse Protections Zones have been designated with Blue and White striped flagging and are shown on the contract area map.

KT–ET.4 – PAYMENTS NOT RECEIVED. (08/01/2012)

(a) Payments are due and payable on the date of issue indicated on the bill for collection. When a payment for timber cut and other charges is not received at the location designated by Forest Service by the date specified in the bill for collection, Contracting Officer will suspend all or any part of Contractor’s Operations until payment or acceptable payment guarantee is received. Other charges include, but are not limited to:

(i) Slash disposal, road maintenance, and contract scaling deposits;

(ii) Cooperative work at rates established by specific agreement under ET.2.1.8; (THIS IS NOT INCLUDED IN YOUR clauses where does it come from?)

(iii)Damages pursuant to J.4;

(iv) Road use fees;

(v) Restoration of downpayment pursuant to ET.2.2; None of these are included in ETsection.

(vi) Periodic payments pursuant to ET.2.1.3;

(vii)Extension Deposits pursuant to ET.2.1.7; and (viii)Other mandatory deposits.

(b) Failure to pay amounts due by the date specified in the bill for collection shall be considered a breach under JT.3. The 30-day notice period prescribed therein shall begin to run as of the end of business on the date specified for receipt of payments. If the performance or payment is guaranteed by surety bond, the surety will receive a copy of the written notification of breach. Demand will be made on the surety or other institution providing the guarantee or bond instrument for immediate payment 10 days after issuance of written notification of the breach.

(c) Pursuant to the Debt Collection Improvement Act of 1996, as amended, if payment is not received by Forest Service within 15 days after the date of issue indicated on the bill for collection:

(i) Simple interest shall be assessed at the Current Value of Funds Rate as established by the

Secretary of the Treasury. Interest will begin to accrue as of the date of issue indicated on the initial bill for collection.

(ii) Debtors will be assessed administrative charges, in addition to the delinquent amount due.

Administrative charges are those additional costs incurred by the Government in processing, handling, and collecting delinquent debts.

(iii) A penalty charge of six (6) percent per annum will be assessed on any portion of a debt delinquent more than 90 days. This penalty charge is in addition to interest and administrative charges under paragraphs (c)(i) and (c)(ii). The penalty charge shall accrue from the date of issue indicated on the bill for collection and shall be assessed on all outstanding amounts, including interest and administrative costs assessed under paragraphs (c)(i) and (c)(ii).

(iv) Payments will be credited on the date received by the Federal Depository or Collection Officer designated on the bill for collection.

(d) Forest Service remedies for Contractor’s failure to make payment for timber cut and other charges when due, except for accrual of interest, suspension of all or any part of Contractor’s Operations, and administrative offset, shall be stayed for so long as:

(i) A bona fide dispute exists as to Contractor’s obligation to make such payment and

(ii) Contractor files and prosecutes a timely Claim.

KT-GT.2.2# - PROTECTION OF IMPROVEMENTS. (5/2008) Contractor shall notify Forest Service at least 21 days prior to any operations in the vicinity of improvements identified on Contract Area Map. Contractor shall protect such improvements from damage and shall be responsible for their timely restoration if damaged by Contractor's Operations. If relocation or removal of said improvements is necessary to avoid foreseeable damage by Contractor's Operations, work and cost shall be borne by the party listed in the table below. If Contractor is required to move or relocate the improvements, they shall move or relocate the improvements listed in the following table to locations and in a manner as specified in drawings or in specifications attached hereto. Improvements shall be returned to their original locations following Contractor’s Operations.

See table below for improvements to be protected.

SPECIFICATIONS PURSUANT TO KT-GT.2.2# – PROTECTION OF IMPROVEMENTS.

Improvement Owner’s or Permittee’s Name

Timing Specifications Work and Cost Borne by

Payment Units

ALL

Livestock drift fences

US Forest Service, Mt.

Hough Ranger District

Contact:

Erika Brenzovich at 530-283-7620

Contractor will notify Forest Service at least 21 days before using the temporary roads for these Payment Units.

Repair any damaged segments of fence within 24 hours

Contractor

KT-GT.2.4# – SITE SPECIFIC SPECIAL PROTECTION MEASURES (9/04)

Special protection measures needed to protect known areas identified on Contract Area Map or on the ground include:

Cultural Resource Protection Measures:

There are no known sites within the contract area. However, if a site is discovered, any activity present at or around that site or in the immediate vicinity shall cease and the District Ranger immediately notified.

Wildlife and Botanical Protection Measures:

• The CAM indicates known noxious weed site(s). Site(s) will be identified on the ground with orange flagging with ‘NOXIOUS WEEDS’ printed in black and indicated on the Contract Area Map (CAM). Any discovered site is to be avoided and the District Ranger, at 530-283-7610, immediately notified. Also, on the entire haul route (FS 25N19, FS 25N14 and PC 403 Mount Hough Road), all equipment must stay on the established roadbed. There are no known sensitive plants in the contract area.

WILDLIFE LIMITED OPERATING PERIODS (LOP):

Goshawk Nest Sites: One Goshawk Nest Site: No operations shall take place within the confines of the Limited Operating Period (LOP) areas from Feb 15 to Sept 15, inclusive. Payment Unit 70 is in close proximity though not directly affected. There are no product haul roads that intersect the LOP.

Osprey Nest Sites: N/A

Spotted Owl Nest Sites: One Spotted Owl Nest Site: No operations shall take place within the confines of the LOP area from Mar 1 to Aug 15. This affects the southwestern part of Payment Unit 42. There are no product haul roads that intersect the LOP.

WATER DRAFTING PLAN for protection of the Sierra Nevada Yellow-Legged Frog and habitat:

1. New or existing water draft sites would be evaluated with the Mt. Hough district biologist prior to changes or use. Drafting sites shall be visually surveyed for amphibians and their eggs before drafting begins.

2. “Mucked out” debris, bedload sediment, etc. shall be transported to an appropriate disposal site (to be designated) if no apparent site is feasible.

3. Maximum draw-down volumes would be estimated prior to use of the draft site. Minimum pool sites would be maintained during drafting using measurements such as staff gauges, stadia rods, tape measures, etc.

4. Back down ramps would be constructed and or maintained to ensure the streambank stability is maintained and sedimentation is minimized. Rocking, chipping, mulching, or other effective methods are acceptable in achieving this objective. As necessary, earthen or log berm, straw waffle, certified hay or rice straw bale berms, or other containment structures would be constructed at the bank full water line to protect the stream bank.

5. Forest personnel and Contractor shall use the Forest Service approved suction strainer (FGM 5161) or other foot vales with screens having openings less than 2mm in size at the end of drafting hoses. The suction strainer shall be inserted close to the substrate in the deepest water available; the suction strainer shall be placed on a shovel, over plastic sheeting, or in a canvas bucket to avoid substrate and amphibian.

Cave Resources Protection Measures: N/A

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:

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

Area Payment Units Conditions of Operation Purpose

SALE AREA

Operations may occur when soil is dry; that is, in the spring when soil moisture in the upper 8 inches is not sufficient to allow a soil sample to be squeezed and hold its shape, or will crumble when the hand is tapped.

In the summer and early fall after storm event(s) when soil moisture between 2-8 inches in depth is not sufficient to allow a soil sample to be squeezed and hold its shape, or will crumble when the hand is tapped.

Winter operations may occur only when the ground is frozen to a depth of 5 inches or over 8 inches of well packed snow.

Protection of Soil

SALE AREA

Under KT-CT.1.1# for Payment Units 42, 43, portion of 49, 50, 52, 53, 67, 68 and 70 - within a given Payment Unit, the Contractor has up to 30 days to complete the cutting, skidding and decking of biomass, after sawlogs are removed. Biomass chipping and hauling must be completed at or prior to termination date.

Control of Operations

Landings and skid trail approaches to 200 feet from the landings at slopes less than 25% shall be tilled to 18 inches in soil depth prior to the closing of a Payment Unit. Any landing, used for the removal of any biomass product under KT-CT.1.1# - Timber Subject to Agreement, by written agreement, can have up to 6 inches of slash or chips spread evenly before tillage.

Tillage includes all NEWLY constructed temporary roads. For tillage, to achieve the best results and prevent additional soil damage, a winged subsoiler should be used.

Restoration of Disturbed Soil Areas

SALE AREA

The following table shall apply to any wetland and/or streams discovered during harvest operations and shall be followed accordingly. The CAM indicates where wetland features are located, primarily adjacent to Payment Unit/subunit boundaries and Stewardship Work Item boundaries.

Watercourse and Wet Area Protection

Riparian Conservation Area Treatment Design Criteria by Stream Type

NOTE: No ERZ has been flagged with blue and white striped flagging within any of the Payment Units, thus not indicated in the Contract Area Map (CAM); however this table shall apply to any wetland discovered during harvest operations and shall be followed accordingly.

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.

Stream Type Riparian

Conservation Area (RCA) widths

Minimum distance to burn pile

Equipment Exclusion Zone

Slope < 35% Slope > 35%

Perennial, frog bearing 300 feet 100 feet 100 feet Excluded

Intermittent, frog bearing 150 feet 100 feet 100 feet Excluded

Intermittent 50 feet 25 feet 50 feet Excluded Ephemeral 100 feet 15 feet 25 feet Excluded Special Aquatic Features (reservoirs, wetlands, fens and springs)

300 feet

25 feet

50 feet

Excluded

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, Purchaser 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 N/A inches, at which point the top shall be cut from the remainder of the stem.

No Lop

“No Lop”

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”

Notwithstanding the requirements above, within units or subdivisions designated “Whole” on Contract Area Map, trees smaller than 22 inches DBH shall be skidded/yarded to agreed landing locations prior to limbing, bucking, and lopping. Trees larger than or equal to 22 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 Within areas designated DF on Contract Area Map, Included Timber shall be directionally felled away from improvements (drift fence), structures, non-federal lands, overhead lines, roads, streamcourses, wetlands, control areas and survey monuments (if encountered) 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 Within areas shown on Contract Area Map, Contractor shall treat stumps of all live LIVE trees equal to or greater than 14 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 Heterobasidion root disease, ie: Cellu-Treat.

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 6 hours after felling, otherwise stumps shall be re-cut and treated.

Contractor shall not apply borate compound during heavy rain fall or when such precipitation rate is predicted within 4 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 33 feet of live streamcourses and meadows/wetlands shown on Contract Area Map and/or NA 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 occurring in water or over NA pounds shall be reported to Forest Service within 1 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.

Maximum Log Length N/A

Minimum Stump Height

Payment Unit Minimum Stump Height (inches)

Purpose or Reason

ALL 3 Timber 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.