Appendix A.pdf

Appendix A

DIVISION A

A1 – Location and Area, applicable to B1.1

This contract area of 500 acres more or less is located in: T3N, R72W, Sec. 6 and 7; and T4N, R72W Sec. 30 and 31; 6th Principal Meridian; Larimer County, Colorado.

A2 – Processing Requirements, applicable to B2.1, B2.2, B2.4, and B6.4

Species

Processing Minimum Specifications Piece Required to be Decked

Diameter Breast High (dbh)

(inches)

Length (feet)

Small End Diameter

Merchantability factor

All Conifer Species, live and dead 6.0 16.0 4.0 8.0 (½ sound or greater)

A3 – Timber Designations; acres are approximate:

Number Acres Thinning Units (B2.31) 10 269

A6 – High Stumps, applicable to B6.412

Species Product Maximum Stump Height

ALL ALL 12

A12 – Fire Precautionary Period, applicable to B7.2

7/1 to 10/15 , inclusive

A14 – Obligations for Operations Fire, applicable to B7.41

Maximum Amount: $10,000.00

A15 – Termination Date, 11/01/2025

A16 – Normal Operating Season, applicable to B6.31 and B6.66

First Period: June 15 November 1

DIVISION B

This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part B1.0, Section B1.1, Subsection B1.11, and Item B1.111. 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. The Standard Provisions in this Division are subject to Specific Conditions of the contract stated in Division A.

Wherever appropriate, Specific Conditions established in Division A are cited by reference number. Where appropriate, references to Special Provisions are made by citing the applicable reference numbers.

B1.0—CONTRACT AREA

B1.1 Contract Area Map. The boundaries of “Contract Area” and any subdivision thereof, are as shown on the attached “Contract Area Map” that is made a part hereof, and were, before Contract advertisement, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of Contract Area and its approximate acreage are stated in A1. Subdivisions may be revised and additional ones may be established only by written agreement. Subdivisions or cutting units may be eliminated from Contract Area under conditions described in B6.36.

Where applicable, the following are also identified on Contract Area Map:

a) Identified claims limiting Contractor’s rights;

b) Subdivisions defined in B2.3 where timber is to be Marked after date of Contract advertisement;

c) Boundaries of Treatment units under B2.3;

d) Areas where leave trees are Marked to be left uncut under B2.35;

e) Roads where log hauling or use is prohibited or restricted under B5.12;

f) Roads and trails to be kept open under B6.22;

g) Improvements to be protected under B6.22;

h) Locations of known wildlife or plant habitat and cave resources to be protected under B6.24;

i) Locations of areas known to be infested with specific invasive species of concern under

B6.35;

j) Maximum stump heights when more than one height is listed by areas in A6 under B6.412;

k) Skidding or yarding methods specified under B6.42;

l) Streamcourses to be protected under B6.5;

m) Locations of meadows requiring protection under B6.61;

n) Locations of wetlands requiring protection under B6.62;

o) Locations of temporary roads to be kept open under B6.631; and

p) Other features required by Division B or C.

B2.0 – SPECIFICATIONS

B2.1 Included Timber. “Included Timber” consists of:

B2.11 Standard Timber. Live and dead trees and portions thereof that meet Processing Standards under B2.2 and are designated for cutting under B2.3.

B2.12 Substandard Timber. Live and dead trees that:

(a) Do not meet Processing Standards and

(b) Are located in Cutting Units or construction clearings or are otherwise designated for cutting.

B2.13 Damaged Timber.

B2.131 Damaged by Contractor. Undesignated trees meeting Processing Standards that 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 if their removal would cause undue damage or be grossly uneconomic.

B2.132 Negligent or Willful Damage. Undesignated timber unnecessarily damaged or negligently or willfully cut by Contractor, if included by Contracting Officer.

B2.134 Minor Damage by Natural Causes. Undesignated trees within Contract Area and meeting Processing Standards, in amounts less than specified in B2.133, that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.

B2.14 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 under B2.3 but that are cut through mistake by Contractor, when included by the Forest Service.

B2.15 Construction Timber. Trees to be used for construction under B5.1.

B2.16 Other Material. Species or products not listed in A2, upon written approval of Contracting Officer under B3.41.

B2.2 Processing of Included Timber. “Processing Standards” for trees and minimum pieces are stated in A2.

To meet minimum tree specifications, trees must equal or exceed tree diameters listed in A2 and contain at least one minimum piece. Except for timber required or authorized to be left, Contractor shall fell trees and:

(a) Deck trees that meet minimum piece standards in A2 or

(b) Pile with slash trees that do not meet the processing standards in A2

B2.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as provided in B2.131, B2.14, B2.15, B2.32, and B5.1. Contract Area Map indicates subdivisions, if any, where Marking is to be done after Contract authorization, except for construction clearing under B2.32, minor changes under B2.37, and damaged timber.

Boundary trees shall not be cut. The number of units and approximate acreage of timber designations are stated in A1.

B2.32 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 or the roadbed of Specified and Temporary Roads when Marked in advance of felling of timber in the immediate vicinity. Pieces meeting Processing Standards from such dead or unstable live trees shall be decked, 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 under B5.2.

B2.35 Individual Trees. All trees to be cut, other than in the units described in B2.31 and B2.32 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.

B2.37 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.

B5.0—TRANSPORTATION FACILITIES

B5.1 Authorization. Contractor is authorized to construct and maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber on National Forest and other lands where Forest Service has such authority. As used in this contract “construct” includes “reconstruct.”

Maintenance shall be governed by B5.3. The location and clearing widths of all Temporary Roads or facilities shall be agreed to in writing before construction is started. “Temporary Roads” are roads other than Specified Roads that are constructed by Contractor for the purpose of harvesting Included Timber.

Contractor is authorized to cut and use for construction without charge construction timber designated by agreement.

B5.12 Use of Roads by Contractor. Except as provided herein, Contractor is authorized to use existing National Forest system roads when Forest Service determines that such use will not cause damage to the roads or National Forest resources. If Contractor’s use of an existing temporary or National Forest system road, not listed in A7, cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the minimum reconstruction work that Contractor shall perform before use.

Contractor shall restore roads to the condition of road prior to Contractor’s use. Any damage to existing roads caused by Contractor’s operations, employees, or subcontractors shall be repaired by Contractor at no cost to the Government.

C5.12 lists existing roads shown on Contract Area Map that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads:

(a) Cannot be used or

(b) May be used only under the restrictive limitations stated therein.

B5.4 Use by Others. Forest Service shall have the right to use any road constructed by Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Contractor hereunder when Contracting Officer determines that such use will not materially interfere with Contractor’s Operations. Third party use shall be contingent upon Contracting Officer determining, and third party agreeing to pay, a fair share of maintenance cost commensurate with such commercial use.

Unless otherwise provided in C5.4, Forest Service shall authorize other uses of roads constructed by Contractor hereunder only if:

(a) Contracting Officer makes appropriate arrangements to relieve Contractor of related maintenance costs commensurate with such other uses and

(b) Such other uses will not materially interfere with Contractor’s Operations.

Where Contractor reconstructs a road having established use, Contractor’s use during reconstruction and thereafter shall be such as to reasonably accommodate such established use.

Contracting Officer shall ensure that other users do not materially interfere with Contractor’s right to use such reconstructed road.

B6.0—OPERATIONS

B6.2 Improvements. Contractor is authorized to construct on National Forest land, buildings, facilities, and other improvements needed to log Included Timber. Such construction shall be located where approved in writing by Forest Service and shall be constructed and used in a manner that will protect National Forest values.

Contractor shall comply with the rules and regulations governing the operation of premises that are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of Forest Service business.

Forest Service shall grant written permission before any camp, quarry, borrow pit, storage, or service area, other than as shown on Plans, is opened or operated on National Forest land or administered lands. A camp is interpreted to include the campsite or trailer parking area of any employee agent, contractor, Subcontractor or their employees or agents working on the project for Contractor. Such permission, if granted, shall be without charge to Contractor.

B6.21 Removal. Unless Forest Service authorizes continued use, Contractor shall remove or dispose of all improvements when no longer needed. Should Contractor fail to remove or dispose of improvements within 6 months after Termination Date, Forest Service may dispose of improvements at Contractor’s expense or may, upon written notice to Contractor, assume title to improvements in the name of the United States. In the latter event, Contractor shall not be required to remove such improvements.

B6.22 Protection of Improvements. So far as practicable, Contractor shall protect Specified Roads and other improvements (such as roads, culverts, trails, telephone lines, ditches, and fences):

(a) Existing in the operating area,

(b) Determined to have a continuing need or use, and

(c) Designated on the ground.

Contractor shall keep roads and trails needed for fire protection or other purposes and designated on Contract Area Map reasonably free of equipment and products, slash, and debris resulting from Contractor’s Operations. Contractor shall make timely restoration of any such improvements damaged by Contractor’s Operations and, when necessary because of such operations, shall move such improvements.

See Table below for Protected Improvements within the contract area.

Protected Improvements Description Location

Gates Metal, wire, or wooden barriers; locked or otherwise As Identified on contract map

Roads Paved, gravel, native surface, or two-track travel ways and associated features As Identified on contract map

Culverts

Metal, plastic, wood, or stone water drainage structure, including inlets and outlets

As located throughout the contract area

Associated private property infrastructure, including private access routes, residences, or other private structures

Developed housing and infrastructure such as utility lines, roads and water treatment facilities.

As described herein and located within the area, and on Private property.

Fences Upright standing fence; metal, wood, or wire construction

As located throughout the contract area

Land Survey Monuments

Bearing trees, brass caps, boundary markers (Private, NFS), survey blaze trees, corner markers

As shown on the contract map and/or located throughout the contract area.

Powerlines Electric lines, guy wires, poles, transmission boxes

As located throughout the contract area and on access routes.

All Protected Improvements will be protected from damage by the Contractor. If any protected improvements are disturbed or damaged the Contractor will immediately contact the COR and the Contractor will be liable for the cost of repair.

All Protected Improvements shall be kept free and clear of slash and debris from Contractor’s operations.

B6.221 Protection of Improvements Not Owned by Forest Service. Forest Service will notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances likely to be affected by Contractor’s Operations.

When Contractor’s Operations are adjacent to properties of railway, telephone, or power companies, or other property, work shall not begin until Contractor has identified actions necessary to prevent damage.

Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and/or rearrangement operations in order that these operations may progress in a reasonable manner, utility duplication or rearrangement work may be reduced to a minimum, and services shall not be unnecessarily interrupted.

In the event of interruption to utility services because of accidental breakage or as a result of lines being exposed or unsupported, Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service until the service is restored.

B6.23 Protection of Land Survey Monuments. Forest Service shall appropriately designate on the ground all known survey monuments, section corners, and other corner accessories. Forest Service shall post identifying signs on two sides of each known bearing tree. Forest Service shall arrange protective or perpetuative action that does not cause unnecessary delay to Contractor in authorized clearings, such as Clearcutting Units and road construction, and in other instances where damage to monuments, section corners, and other corner accessories is unavoidable.

Contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees against avoidable destruction, obliteration, or damage during Contractor’s Operations.

If any known monuments, corners, or accessories are destroyed, obliterated, or damaged by Contractor’s Operations, Contractor shall hire the appropriate county surveyor or a registered land surveyor to reestablish or restore at the same location the monuments, corners, or accessories. Such surveyors shall use procedures in accordance with the Bureau of Land Management “Manual of Instructions for the Survey of the Public Lands of the United States” for General Land Office surveys and in accordance with State law for others. Contractor shall record such survey in appropriate county records.

B6.24 Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave Resources.

(a) Areas, known by Forest Service prior to Contract advertisement, needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground, and shall be treated as follows:

(i) Unless agreed otherwise, wheeled or track laying equipment shall not be operated in areas identified as needing special measures except on roads, landings, tractor roads, or skid trails approved under B5.1 or B6.422. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s Operations within such areas in lieu of cross ditching required under B6.6. Additional special protection measures needed to protect such known areas are identified in C6.24

(ii) Unless agreed otherwise, trees will not be felled into areas identified as needing special measures.

(iii) Contractor shall conduct operations in a manner that does not damage or disturb identified areas. In the event that protective measures identified by the Forest Service are for any reason inadequate, the Forest Service may delay or interrupt Contractor’s operations, under this Contract.

(iv) Contractor shall immediately notify the Forest Service if its operations disturb or damage any area identified as needing special protection, and shall immediately halt its operations in the vicinity of such area until the Forest Service authorizes continued operations. In the event that Contractor's operations disturb or damage an area identified as needing special protection, then Contractor shall reimburse the Forest Service for the full cost and expense of any evaluative and remedial measures undertaken by the Forest Service in connection with such disturbance or damage. Such payment shall not relieve Contractor from civil or criminal liability under applicable law.

(b) Nothing contained in this Subsection shall establish, or be deemed to establish any express or implied warranty on the part of the Forest Service (i) that the Forest Service has identified all areas within the Contract Area requiring special protection, or (ii) that measures prescribed by the Forest Service for protection of such areas are adequate.

(c) Following Contract authorization, additional areas needing special measures for protection may be discovered or identified; protective measures may be revised or newly prescribed; and, additional species of plants and/or animals may be added to federal lists of protected species. In such event, The Forest Service may delay or interrupt Contractor’s operations, under this Contract.

(d) Discovery, by either the Contractor or the Forest Service, of additional areas, resources, species, or members of species needing special protection shall be promptly reported to the other party.

B6.3 Control of Operations. Under this contract, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, contractors, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest system lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

Contractor’s Operations shall be conducted in a workmanlike and orderly manner. The timing of required Forest Service designation of work on the ground and the performance of other Forest Service work shall not be such as to cause unnecessary delay to Contractor.

B6.31 Operating Schedule. Contractor shall, before commencing operations, provide in writing an annual Operating Schedule of anticipated major activities and needs for logging Included Timber, such as logging, road maintenance, slash treatment and erosion control. Upon reasonable notice to Forest Service, such schedule shall be subject to modifications necessitated by weather, markets, or other unpredictable circumstances.

Subject to B6.6 and when the requirements of B6.66 are met, Contractor’s Operations may be conducted outside Normal Operating Season. “Normal Operating Season” is the period(s) beginning and ending on the dates stated in A16 of any year.

B6.311 Plan of Operations. Contractor shall furnish Forest Service a written general Plan of Operations that shall be in addition to the annual Operating Schedule required under B6.31. The Plan of Operations shall set forth planned periods for and methods of road construction, timber harvesting, and completion of slash disposal, erosion control measures, and other contractual requirements. Forest Service written approval of the Plan of Operations is prerequisite to commencement of Contractor’s Operations.

Contractor may revise this Plan of Operations when necessitated by weather, or other unpredictable circumstances, subject to approval of Forest Service Representative.

B6.32 Protection of Residual Trees. Contractor’s Operations shall not unnecessarily damage young growth or other trees to be reserved.

B6.33 Safety. Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees.

In the event that Forest Service representative identifies a conflict between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract may be modified.

Unless otherwise agreed in writing, when Contractor’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s Operations. Contractor and Forest Service shall agree to a specific Traffic Control Plan for each individual project prior to commencing operations.

Devices shall be appropriate to current conditions and shall be covered or removed when not needed.

Except as otherwise agreed, flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Contract Area Map, Traffic Control Plan, or in specifications attached hereto.

B6.34 Sanitation and Servicing. Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s Operations. If facilities for employees are established on Contract Area, they shall be operated in a sanitary manner. In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service.

Contractor shall maintain all equipment operating on Contract Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water.

Contractor shall furnish oil-absorbing mats for use under all stationary equipment or equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Contractor shall remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.

B6.341 Prevention of Oil Spills. If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

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

Contractor shall notify Forest Service and appropriate agencies of all reportable spills of oil or oil products on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s Operations. Contractor will take whatever initial action may be safely accomplished to contain all spills.

B6.342 Hazardous Substances. Contractor shall notify the National Response Center and Forest Service representative of all releases of reportable quantities of hazardous substances on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s Operations.

B6.35 Equipment Cleaning. (a) Areas, known by Forest Service prior to Contract advertisement, that are infested with invasive species of concern are shown on Contract Area Map. A current list of invasive species of concern and a map showing the extent of known infestations is available at the Forest Supervisor’s Office. For purposes of this provision, “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

(b) Contractor shall adhere to the following requirements with regard to cleaning “Off-Road Equipment”:

(i) Prior to moving Off-Road Equipment onto the Contract Area, Contractor shall identify the location of the equipment's most recent operation. Contractor shall not move any Off-Road Equipment that last operated in an area infested with one or more invasive species of concern onto Contract Area without having cleaned such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and having notified Forest Service, as provided in (iii). If the location of prior operation cannot be identified, then Contractor shall assume that the location is infested with invasive species of concern.

(ii) Prior to moving Off-Road Equipment from a cutting unit that is shown on Contract Area Map to be infested with invasive species of concern to, or through any other area that is shown as being free of invasive species of concern, or infested with a different invasive species, Contractor shall clean such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and shall notify the Forest Service, as provided in (iii).

(iii) Prior to moving any Off-Road Equipment subject to the cleaning requirements set forth above, Contractor shall advise Forest Service of its cleaning measures and make the equipment available for inspection. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available. After satisfactory inspection or after such 2 day period, Contractor may move the equipment as planned. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. Contractor shall not be required to disassemble equipment unless so directed by the Forest Service after inspection.

(iv) If Contractor desires to clean Off-Road Equipment on National Forest land, such as at the end of a project or prior to moving to, or through an area that is free of invasive species of concern, Contractor shall obtain prior approval from Forest Service representative as to the location for such cleaning and measures, if any, for controlling impacts.

(c) Nothing contained in this Section shall be interpreted as creating any warranty on the part of the Forest Service that all locations of invasive species of concern have been described herein, elsewhere in this Contract, or designated on the ground. Following Contract advertisement, additional locations may be described or designated, and other species may be added to the list of invasive species of concern. In such event, Forest Service Representative may order delay, interruption, or modification of this Contract.

(d) The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and, addition of species to the list of invasive species of concern.

B6.4 Conduct of Logging. Unless otherwise specifically provided herein, Contractor shall fell trees designated for cutting and shall deck or pile the felled trees, prior to acceptance of subdivision for thinning.

Forest Service may make exceptions for occasional trees inadvertently not cut or trees or pieces not treated for good reason, including possible damage to forest resources. Logging shall be conducted in accordance with the following:

B6.41 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.

B6.411 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 Treatment Units, construction clearings, and areas of regeneration cutting.

B6.412 Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth in A6, except that occasional stumps of greater heights are acceptable when Contractor determines that they are necessary for safe and efficient conduct of logging. Unless otherwise agreed, Contractor shall re-cut high stumps so they will not exceed heights specified in A6 and shall dispose of severed portions in the same manner as other logging debris. The stump heights shown in A6 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.

B6.42 Skidding and Yarding. Methods of skidding or yarding specified for particular areas, if any, are indicated on Contract Area Map. Outside construction clearings, insofar as ground conditions permit, products shall not be skidded against reserve trees or groups of reproduction.

B6.422 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 processing operations.

B6.423 Skidding on Roads. Products may be skidded on permanent roads under B5.12 only by prior written agreement.

B6.5 Streamcourse Protection. “Streamcourses” that are subject to provisions of this Section are shown on Contract Area Map. Unless otherwise agreed, the following measures shall be observed to protect Streamcourses:

(a) Contractor’s Operations shall be conducted to prevent debris from entering Streamcourses, except as may be authorized under paragraph (d). In event Contractor causes debris to enter Streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, Contractor shall remove such debris as soon as practicable, but not to exceed 2 days, and in an agreed manner that will cause the least disturbance to Streamcourses.

(b) Culverts or bridges shall be required on Temporary Roads at all points where it is necessary to cross Streamcourses. Such facilities shall be of sufficient size and design and installed in a manner to provide unobstructed flow of water and to minimize damage to Streamcourses. Trees or products shall not be otherwise hauled or yarded across Streamcourses unless fully suspended.

(c) Wheeled or track-laying equipment shall not be operated in Streamcourses, except at crossings designated by Forest Service or as essential to construction or removal of culverts and bridges.

(d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for Contractor’s planned construction and Forest Service gives written authorization. Such flow shall be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season.

B6.6 Erosion Prevention and Control. Contractor’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. Contractor shall adjust the kinds and intensity of erosion control work done to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

If Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work.

B6.61 Meadow Protection. Reasonable care shall be taken to avoid damage to the cover, soil, and water in meadows shown on Contract Area Map. Vehicular or skidding equipment shall not be used on meadows, except where roads, landings, and tractor roads are approved under B5.1 or B6.422. Unless otherwise agreed, trees felled into meadows shall be removed by endlining.

Resulting logging slash shall be removed where necessary to protect cover, soil, and water.

B6.62 Wetlands Protection. Wetlands requiring protection under Executive Order 11990 are shown on

Contract Area Map. Vehicular or skidding equipment shall not be used in such wetlands, except where roads, landings, and tractor roads are approved under B5.1 or B6.422. Additional measures needed to protect such areas are provided in C6.62

B6.63 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as out-sloping, 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, out-slope 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.

B6.631 Temporary Roads to Remain Open. To maintain short term access to portions of Contract Area for post-Contract treatments and other purposes after a Temporary Road has served Contractor’s purpose, pursuant to B6.63, Contractor agrees, that on Temporary Roads designated on Contract Area Map as “Remain Open,” to construct cross ditches and water bars, as designated, staked, or otherwise directed by Forest Service, that can be traversed by a normal two-wheel drive pickup truck. On “Remain Open” Temporary Roads, all bridges and culverts shall remain in place and ditches shall not be eliminated. All drainage structures shall be left in functional condition.

B6.64 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.

B6.65 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.

B6.66 Current Operating Areas. Where logging or road construction 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 a Normal Operating Season, for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather permits operations after Normal Operating Season, Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

B6.67 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. Forest Service may agree to perform such structure maintenance, if requested by Contractor, subject to agreement on rates.

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.

B6.7 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 C6.7 and are in addition to Required Deposits for slash disposal.

B7.0—FIRE PRECAUTIONS AND CONTROL

B7.1 Plans. Prior to initiating Contractor’s Operations during Fire Precautionary Period, Contractor shall file with Forest Service a Fire Prevention and Control Plan providing for the prevention and control of fires on Contract Area and other areas of Contractor’s Operations. Such plan shall include a detailed list of personnel and equipment at Contractor’s disposal for implementing the plan. This requirement may be met by preparing a single plan for more than one Contract.

B7.2 Fire Precautions. Specific fire precautionary measures listed in C7.2 shall be applicable during Contractor’s Operations in “Fire Precautionary Period” described in A12. Forest Service Representative may change the dates of Fire Precautionary Period by advance written notice, if justified by unusual weather or other conditions. Required tools and equipment shall be kept in serviceable condition and immediately available for fire fighting at all times during Contractor’s Operations in Fire Precautionary Period.

B7.21 Substitute Precautions. Forest Service may authorize substitute measures or equipment, or waive specific requirements by written notice, if substitute measures or equipment will afford equal protection or some of the required measures and equipment are unnecessary.

B7.22 Emergency Precautions. Forest Service may require the necessary shutting down of equipment on portions of Contractor’s Operations, as specified by the emergency fire precautions schedule of C7.22.

Under such conditions, after Contractor ceases active operations, Contractor shall release for hire by Forest Service, if needed, Contractor’s shutdown equipment for fire standby on Contract Area or other areas of Contractor’s Operations and personnel for fire standby or fire patrol, when such personnel and equipment are not needed by Contractor for other fire fighting or protection from fire. Equipment shall be paid for at fire fighting equipment rates common in the area or at prior agreed rates and, if Contractor requests, shall be operated only by personnel approved by Contractor. Personnel so hired shall be subject to direction and control by Forest Service and shall be paid by Forest Service at fire fighting rates common in the area or at prior agreed rates.

B7.3 Fire Control. Contractor shall, both independently and in cooperation with Forest Service, take all reasonable and practicable action to prevent and suppress fires resulting from Contractor’s Operations and to suppress any forest fire on Contract Area. Contractor’s independent initial fire suppression action on such fires shall be immediate and shall include the use of all necessary personnel and equipment at Contractor’s disposal on Contract Area.

B7.31 Contractor’s Reinforcement Obligations. Whenever an Operations Fire or Negligent Fire, whether on or off Contract Area, or any other forest fire on Contract Area, has not been suppressed by initial action and appreciable reinforcement strength is required, Forest Service may require further actions by Contractor until such fire is controlled and mopped up to a point of safety. Such actions may include any or all of the following as necessary to fight such fire:

B7.311 Suspend Operations. To suspend any or all of Contractor’s Operations.

B7.312 Personnel. To release for employment by Forest Service any or all of Contractor’s personnel engaged in Contractor’s Operations or timber processing within the Contract Area. Any organized crew so hired shall include Contractor’s supervisor, if any. Personnel so employed shall be paid at Forest Service standard emergency fire fighting rates.

B7.313 Equipment. To make available for Forest Service rental at fire fighting equipment rates common in the area or at prior agreed rates any or all of Contractor’s equipment suitable for fire fighting and currently engaged in Contractor’s Operations within the Contract Area. Equipment shall be operated only by personnel approved by Contractor, if so requested by Contractor.

B7.4 Fire Suppression Costs. Contractor’s obligations for cost of fire suppression vary according to three classifications of fires as follows:

B7.41 Operations Fire. An “Operations Fire” is a fire caused by Contractor’s Operations other than a Negligent Fire.

Forest Service, except as provided in B7.3, shall use cooperative deposits to perform fire suppression activities on Operations Fires. Contractor agrees to reimburse Forest Service for such cost for each Operations Fire, subject to a maximum of the dollar amount stated in A14. The cost of Contractor’s actions, supplies, and equipment on any such fire provided pursuant to B7.3, or otherwise at the request of Forest Service, shall be credited toward such maximum. If Contractor’s actual cost exceeds Contractor’s obligation stated in A14, Forest Service shall reimburse Contractor for the excess.

B7.42 Negligent Fire. A “Negligent Fire” is a fire caused by negligence or fault of Contractor’s Operations, including, but not limited to, one caused by smoking by persons engaged in Contractor’s Operations during the course of their employment, or during rest or lunch periods; or if Contractor’s failure to comply with the requirements of B7.2 and B7.3 results in a fire starting or permits a fire to spread.

Damages and the cost of suppressing Negligent Fires shall be borne by Contractor.

B7.43 Other Fires on Contract Area. Forest Service shall pay Contractor, at fire fighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by Contractor pursuant to B7.3, or otherwise at the request of Forest Service, on any fire on Contract Area other than an Operations Fire or a Negligent Fire.

B7.5 State Law. Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recoverable in an action based on State law, except for such costs resulting from Operations Fires. Amounts due Contractor for firefighting expenditures in accordance with B7.41 shall not be with-held pending settlement of any such claim or action based on State law.

B7.6 Performance by Contractor. Where Contractor’s employees, agents, contractors, Subcontractors, or their employees or agents perform Contractor’s Operations in connection with fire responsibilities, Contractor’s obligations shall be the same as if performance was by Contractor.

DIVISION C

The Sections, Subsections, and Items herein listed are attached and made a part hereof. The material is indexed by the numbering system used in Division B. The numbers after the C (that identifies material in this Division) indicates the Part, Section, Subsection, or Item of Division B that is being supplemented or modified by each particular provision included in this Division.

C2.30# - Treatment Unit Boundaries. The boundaries of treatment units, or portions of treatment units, are identified as shown on the Treatment Unit Boundary Designation Table below and the Contract Area Map.

Treatment Unit Boundary Designation Table Treatment Unit(s) Paint Color Designation Method

1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Orange

Boundaries along private property, streamcourses, wetlands, or lynx habitat, as identified on Contract Map are marked in orange paint. One long vertical stripe at 5 feet is painted on each side of a tree facing the adjacent boundary tree. A short vertical stripe is painted at 5 feet facing into the boundary. The terminal boundary tree that is painted prior to transition to Geo-Fence or Discernable boundary will have a horizonal hatch mark through the vertical indicator stripe to identify it as the final painted tree along that boundary and a directional chevron indicating which direction the virtual boundary continues in.

1, 2, 3, 5, 6, 7, 8, 9, 10 N/A Geo-Fence, see description below

All N/A Discernable Boundary along NFSR Roads as shown on Contract Map

Discernable Boundaries are boundary locations that are readily identifiable features on the ground in locations shown on the Contract Area Map. Discernable boundaries for this contract are National Forest System Roads (NFSR).

A Geo-Fence is a location on the ground corresponding to the boundary location shown on a mobile mapping device using a Global Positioning System (GPS) Receiver using the digital vector file/shapefile provided by the Forest Service prior to the start of operations. The digital vector file/shapefile will be provided to the Contractor by the Forest Service. A digital list of the coordinates can be provided upon request.

Included Timber is located within and not past the boundary as shown on the mobile mapping device using the digital vector file/shapefile listed above. Contractor is responsible for obtaining a GPS receiver(s) that is capable of determining the location of the true Geo-Fence within the contract tolerance.

Allowable contract tolerance is 30 feet.

Forest Service inspection of Treatment Unit to determine if cutting is within allowable contract tolerance, shall use the digital vector file/shapefile named and dated above using a GPS Receiver with a minimum, tested accuracy in a medium canopy of 20 feet.

National Technology Development Program GPS Receiver accuracy reports by GPS manufacturer and model are available at: https://www.fs.fed.us/database/gps/mtdcrept/accuracy/index.htm. Forest Service determination of boundary location will be final.

As an operational convenience and subject to written agreement by the Forest Service, in advance of marking, Contractor may mark Geo-Fence boundaries on the ground with Contractor’s non- tracer paint.

Contractor marked boundary trees shall not be identified with paint applied below stump height.

Contractor shall bear all costs associated with painting used to visually identify boundaries. Forest Service will not approve or accept the boundaries identified on the ground by the Contractor in advance of cutting.

https://www.fs.fed.us/database/gps/mtdcrept/accuracy/index.htm

In case of a major disruption in GPS service, or lack of GPS coverage on the Contract Area beyond the control of the Contractor, as determined by the Forest Service representative, the Contractor’s only remedy shall be modification of the Contract. To resolve major disruption of GPS service, or lack of GPS coverage on the Contract Area, the Forest Service may elect to Mark Geo-Fence boundaries on the ground, in which case the Forest Service’s determination of boundary location will be final.

Contractor may request Forest Service Marking of Geo-Fence boundaries on the ground with paint at Contractor’s expense. Approval by the Forest Service representative is subject to agreement on cost and the availability of Forest Service personnel. If Contractor’s request is approved, Forest Service determination of boundary location will be final.

C2.351# Treatment Designations:

Item 1: Treatment in Ponderosa pine dominant stands

1. Snags/Dead Trees: Remove all dead conifers within 100 feet of the road. Beyond 100 feet from the road, leave 5 snags per acre in clumps or individually spaced throughout the unit. Leave the largest diameter snags available.

2. Thinning: Thin live conifers to a 10 foot crown spacing (+/- 3 feet) Thinning considerations should proceed as follow:

a. Thin trees with obvious signs of pests or pathogens, broken tops, or other physical damage which threatens the health or structural integrity of the tree.

b. Retain species in the following order:

i. Ponderosa Pine

ii. Limber pine

iii. Douglas-fir

iv. Lodgepole pine

v. Engelmann spruce

vi. Subalpine fir

c. Preferentially thin smaller…