Appendix B_062920_JT.docx

Dutch Hill IRSC

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

*BT.0 CONTRACT AREA

*BT.2 Claims

*CT.0 TIMBER SPECIFICATIONS

*CT.1 Included Timber *CT.1.1 Standard Timber *CT.1.2 Substandard Timber *CT.1.3 Damaged Timber *CT.1.3.1 Damaged by Contractor *CT.1.3.2 Negligent or Willful Damage *CT.1.3.4 Minor Damage by Natural Causes *CT.1.4 Unintentionally Cut Timber *CT.1.6 Other Material *CT.2 Utilization and Removal of Included Timber *CT.3 Timber Designations *CT 3.2.2 Other Authorized Clearings 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.2.2 Protection of Improvements *GT.2.2.1 Protection of Improvements Not Owned by FS *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.4.2.2 Landings and Skid Trails *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

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

SPECIAL WO OR REGIONAL K CLAUSES

KT-CT.3.5.5 Individual Trees, Cut Tree Marking KT-GT.3.1.4 Operating Restrictions KT-GT.4.2 Skidding and Yarding Requirements KT-GT.6 Erosion Prevention Vegetation KT-GT.7 Slash Disposal Measures

Division AT Location and Area:

This Contract Area of 1033 acres more or less is located in: Town of Readsboro, Bennington County Vermont

Volume Estimate and Utilization Standards

Species

Product

Estimated Quantity*

Unit of Measure Minimum Specifications

Diameter Breast Height (d.b.h.)

(inches) Number Of Minimum Pieces Per Tree

Length

(feet) Diameter Inside Bark at Small End

(inches)

Net Scale In % of Gross Scale

Timber Subject to Agreement

*Quantities not included here are described in CT.0 Timber Designations, acres are approximate: Number Acres Clearcutting Units (CT.3.1) Overstory Removal Units (CT.3.3) Dutch Hill IRSC

Understory Removal Units (CT.3.4) Individual Trees (CT.3.5) Incompletely Measured (CT.3) Designation by Description or Prescription (KT-CT.3)

High Stumps

289.3

ALL

ALL

Maximum Stump Height (inches)

Product

Species

Roads Name and Date of Governing Road Specifications:

NA

Project

Design Class Approx. Length (mi./km.)

Sheet Numbers and Approval Date Performance Responsibility

Survey

Design Const. Staking1/

1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC). Specification sheets with itemized construction codes also attached

Schedule of Payment Units

Pay-ment Unit No.

Approx.

Acres

Quantity of Species and Products to be Escalated

Total Tentative Payment

Quantity of Species and Products to be Paid for at Flat Rates

Total Flat Rate Payment Total Required Deposits For Slash Disposal

Ash 1.00 CCF Red Maple and Other Hardwood 5.00 CCF Spruce and Other Softwood 4.00 CCF Sugar Maple 9.00 CCF Yellow Birch 8.00 CCF Mixed Conifer 7.00 CCF Mixed Hardwood 214.00 CCF

.00

Total PU Quantity and Value 248.00 CCF $

Ash 0.00 CCF Red Maple and Other Hardwood 1.00 CCF Spruce and Other Softwood 1.00 CCF Sugar Maple 2.00 CCF Yellow Birch 1.00 CCF Mixed Conifer 1.00 CCF Mixed Hardwood 40.00 CCF

.00

Total PU Quantity and Value 46.00 CCF $

Ash 41.00 CCF Red Maple and Other Hardwood 2.00 CCF Spruce and Other Softwood 0.00 CCF Sugar Maple 25.00 CCF Yellow Birch 4.00 CCF Mixed Conifer 0.00 CCF Mixed Hardwood 104.00 CCF

.00

Total PU Quantity and Value 176.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 1.00 CCF Sugar Maple 3.00 CCF Yellow Birch 2.00 CCF Mixed Conifer 2.00 CCF Mixed Hardwood 67.00 CCF

.00

Total PU Quantity and Value 77.00 CCF $

Ash 1.00 CCF Red Maple and Other Hardwood 5.00 CCF Spruce and Other Softwood 3.00 CCF Sugar Maple 8.00 CCF Yellow Birch 7.00 CCF Mixed Conifer 6.00 CCF Mixed Hardwood 195.00 CCF

.00

Total PU Quantity and Value 225.00 CCF $

Ash 1.00 CCF Red Maple and Other Hardwood 6.00 CCF Spruce and Other Softwood 4.00 CCF Sugar Maple 9.00 CCF Yellow Birch 8.00 CCF Mixed Conifer 7.00 CCF Mixed Hardwood 223.00 CCF

.00

Total PU Quantity and Value 258.00 CCF $

Unit No.

Approx.

Acres

Payment

Quantity of Species and Products to be Paid for at Flat Rates

Total Flat Rate Payment Total Required Deposits For Slash Disposal

Ash 0.00 CCF

Spruce and Other Softwood 0.00 CCF Sugar Maple 1.00 CCF Yellow Birch 1.00 CCF Mixed Conifer 1.00 CCF Mixed Hardwood 26.00 CCF

.00

Total PU Quantity and Value 30.00 CCF $

Ash 2.00 CCF Red Maple and Other Hardwood 9.00 CCF Spruce and Other Softwood 6.00 CCF Sugar Maple 16.00 CCF Yellow Birch 14.00 CCF Mixed Conifer 12.00 CCF Mixed Hardwood 380.00 CCF

.00

Total PU Quantity and Value 439.00 CCF $

Ash 1.00 CCF Red Maple and Other Hardwood 4.00 CCF Spruce and Other Softwood 3.00 CCF Sugar Maple 7.00 CCF Yellow Birch 6.00 CCF Mixed Conifer 5.00 CCF Mixed Hardwood 154.00 CCF

.00

Total PU Quantity and Value 180.00 CCF $

Ash 3.00 CCF

Spruce and Other Softwood 0.00 CCF Sugar Maple 9.00 CCF Yellow Birch 3.00 CCF Mixed Conifer 0.00 CCF Mixed Hardwood 52.00 CCF

.00

Total PU Quantity and Value 68.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 0.00 CCF Sugar Maple 1.00 CCF Yellow Birch 1.00 CCF Mixed Conifer 1.00 CCF Mixed Hardwood 26.00 CCF

.00

Total PU Quantity and Value 30.00 CCF $

Ash 1.00 CCF Red Maple and Other Hardwood 8.00 CCF Spruce and Other Softwood 5.00 CCF Sugar Maple 13.00 CCF Yellow Birch 11.00 CCF Mixed Conifer 10.00 CCF Mixed Hardwood 306.00 CCF

.00

Total PU Quantity and Value 354.00 CCF $

Unit No.

Approx.

Acres

Payment

Quantity of Species and Products to be Paid for at Flat Rates

Total Flat Rate Payment Total Required Deposits For Slash Disposal

Ash 1.00 CCF Red Maple and Other Hardwood 4.00 CCF Spruce and Other Softwood 3.00 CCF Sugar Maple 8.00 CCF Yellow Birch 7.00 CCF Mixed Conifer 6.00 CCF Mixed Hardwood 181.00 CCF

.00

Total PU Quantity and Value 210.00 CCF $

Ash 1.00 CCF

Spruce and Other Softwood 4.00 CCF Sugar Maple 10.00 CCF Yellow Birch 8.00 CCF Mixed Conifer 7.00 CCF Mixed Hardwood 226.00 CCF

.00

Total PU Quantity and Value 262.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 2.00 CCF Sugar Maple 4.00 CCF Yellow Birch 3.00 CCF Mixed Conifer 3.00 CCF Mixed Hardwood 90.00 CCF

.00

Total PU Quantity and Value 104.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 2.00 CCF Sugar Maple 4.00 CCF Yellow Birch 3.00 CCF Mixed Conifer 3.00 CCF

.00

Total PU Quantity and Value 104.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 1.00 CCF Sugar Maple 2.00 CCF Yellow Birch 2.00 CCF Mixed Conifer 2.00 CCF Mixed Hardwood 51.00 CCF

.00

Total PU Quantity and Value 59.00 CCF $

Ash 1.00 CCF

Spruce and Other Softwood 4.00 CCF Sugar Maple 10.00 CCF Yellow Birch 9.00 CCF Mixed Conifer 8.00 CCF Mixed Hardwood 245.00 CCF

.00

Total PU Quantity and Value 283.00 CCF $

Unit No.

Approx.

Acres

Payment

Quantity of Species and Products to be Paid for at Flat Rates

Total Flat Rate Payment Total Required Deposits For Slash Disposal

Ash 0.00 CCF

Spruce and Other Softwood 2.00 CCF Sugar Maple 4.00 CCF Yellow Birch 3.00 CCF Mixed Conifer 3.00 CCF

.00

Total PU Quantity and Value 104.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 2.00 CCF Sugar Maple 4.00 CCF Yellow Birch 3.00 CCF Mixed Conifer 3.00 CCF Mixed Hardwood 92.00 CCF

.00

Total PU Quantity and Value 106.00 CCF $

Ash 0.00 CCF

Spruce and Other Softwood 1.00 CCF Sugar Maple 4.00 CCF Yellow Birch 3.00 CCF Mixed Conifer 3.00 CCF Mixed Hardwood 87.00 CCF

.00

Total PU Quantity and Value 100.00 CCF $

Ash 1.00 CCF Red Maple and Other Hardwood 14.00 CCF Spruce and Other Softwood 13.00 CCF Sugar Maple 12.00 CCF Yellow Birch 14.00 CCF Mixed Conifer 13.00 CCF Mixed Hardwood 145.00 CCF

.00

Total PU Quantity and Value 212.00 CCF $

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 Dutch Hill IRSC 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.3.2 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.3.2.2 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.3.5 Individual Trees. All trees to be cut, other than in the units described in CT.3.1, CT.3.2, CT.3.3, and CT.3.4, are Marked or designated by description. Trees are “Marked” when individually designated by Forest Service with paint marks above and below stump height. Contract Area Map indicates areas plainly identified on the ground where leave trees are Marked to be left uncut.

CT.37 Minor Changes. Within Contract Area, minor adjustments may be made in boundaries of cutting units or in the timber individually Marked for cutting when acceptable to Contractor and Forest Service.

CT.4 Volume Estimate. The estimated volumes of timber by species designated for cutting and expected to be cut under Utilization Standards are listed in Division AT. The estimated volumes stated are not to be construed as guarantees or limitations of the timber volumes to be designated for cutting under the terms of this contract.

DT.0—RATES OF PAYMENT

DT.1 Current Contract Rates. Included Timber that is released for Cutting shall be paid for at Current Contract Rates determined under this Section. “Current Contract Rates” shall be Flat Rates. Flat Rates shall be those listed in Division AT or B2 of the Schedule of Items. In the event contract time is adjusted, Current Contract Rates shall be continued in the same manner as immediately prior to the adjustment period.

DT.4 Other Payment Rates.

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

DT.4.2 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Contractor through mistake and included by the Forest Service, shall be removed and paid for at Current Contract Rates and Required Deposits, unless such material is not listed. In such event, Forest Service, in accord with standard Forest Service methods, shall establish rates to be paid.

DT.4.2.1 Designated Timber Cut but Not Removed. Standard timber shall be removed prior to acceptance of a Subdivision for completion of logging. There shall be no charge when (a) leaving the incidental material is justified under existing conditions, or (b) Cut timber is left by option or requirement.

DT.4.3 Undesignated Timber Damaged Without Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Contractor and designated by Forest Service, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits.

DT.4.4 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Forest Service shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated damages. If such timber is of a species or size not listed in Division AT or is of a quality different from designated timber, Contracting Officer shall establish payment rates in accord with standard Forest Service methods.

DT.4.5 Liquidated Damages. Unnecessary damage to or negligent or willful cutting of undesignated timber, on portions of Contract Area cut over under this contract is likely to cause substantial silvicultural or other damage to the National Forest. It will be difficult, if not impossible, to determine the amount of such damage. Therefore, Contractor shall pay as fixed, agreed, and liquidated damages an amount equivalent to the amount payable at Current Contract Rates. If designated by the Forest Service, Contractor shall remove such damaged timber.

ET.0—PAYMENTS

ET.1 Amount Payable for Timber. Current Contract Rates and Required Deposits in effect when a Payment Unit is released for cutting shall be applied to the timber quantities to determine the amount Contractor shall pay. Payment shall be in the form of Stewardship Credits or cash.

E.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.2.2 Protection of Improvements. So far as practicable, Contractor shall protect Specified Roads and other improvements (such as roads, 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 Contract Area Map.

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. Con-tractor shall make timely restoration of any such improvements damaged by Contractor’s Operations and, when necessary because of such operations, shall move such improvements, as specified in KT-GT.2.2.

GT.2.2.1 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.

When materials are to be hauled across the tracks of any railway, Forest Service will make arrangements with the railroad for the use of any existing crossing or for any new crossing required. Contractor shall make arrangements for use of alternate crossings. All construction work to be performed by Contractor on the railroad right-of-way shall not damage Railroad Company’s property.

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.4.2.2 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.5 Stream course Protection. “Stream courses” 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 Stream courses:

(a) Contractor’s Operations shall be conducted to prevent debris from entering Stream courses, except as may be authorized under paragraph (d). In event Contractor causes debris to enter Stream courses 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 Stream courses.

(b) Culverts or bridges shall be required on Temporary Roads at all points where it is necessary to cross Stream-courses. 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 Stream courses. Trees or products shall not be otherwise hauled or yarded across Stream courses unless fully suspended.

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

(d) Flow in Stream courses 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.

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 back blading 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 the 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 outside of the normal operating season, 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

IT.0—OTHER CONDITIONS

IT.1 Title and Liability.

IT.1.1 Title Passage. All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been cut, removed from Contract Area or other authorized cutting area, and paid for, at which time title shall vest in Contractor. Timber cut under the terms of clause Product Payment Guarantee, shall be considered to be paid for. Title to any Included Timber that has been cut and paid for, but not removed from Contract Area or other authorized cutting area by Contractor on or prior to contract termination, shall remain in Forest Service.

IT.1.2 Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of the Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Contractor, unless Contractor is prevented from removing such timber by the Forest Service. Deterioration or loss of value of salvage timber is not an unexpected event. In the event Included Timber to which Forest Service holds title is destroyed, Contractor will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss.

Current Contract Rates in effect at the time of the value loss shall be adjusted by said differences to become the redetermined rates.

There shall be no obligation for Forest Service to supply, or for Contractor to accept and pay for, other timber in lieu of that

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 (09/2004)

In addition, there is within Sale Area an unestimated quantity of:

Green Biomass (convertible) that shall be Included Timber upon written agreement.

KT-CT.3.0.1# - PROTECTED AREAS (06/2009)

Notwithstanding the designations for cutting under CT.3.1, CT.3.3, CT.3.4, and CT.3.5, trees within the area to be protected in Payment Unit 05, 08, 12, 14 shall be left uncut. Boundary trees along the perimeter of Protected Areas has been identified by Two stripes and an "X" marked in orange above stump height and an orange mark below stump height . Boundary trees are not to be cut. Contract Area Map indicates with the symbol "PA" units within which Protected Areas are identified on the ground and are to be left uncut.

KT-CT.3.5.5 INDIVIDUAL TREES, CUT TREE MARKING. Individual trees to be cut are Marked with indicated color above and below stump height in all or parts of the following Payment Units. Areas of Cut Tree Marking are shown on the Contract Area Map with the symbol "CTM."

KT-CT.3.5.6# - INDIVIDUAL TREES, LEAVE TREE MARKING (06/2009)

Individual trees which are NOT TO BE CUT are Marked with indicated color above and below stump height in all or parts of the following Payment Units. Areas of Leave Tree Marking are shown on the Contract Area Map with the symbol "LTM."

Payment Unit Paint Color

KT-FT.1.0.3# - APPROACHES TO SURFACED ROADS (06/2009)

Contractor shall apply and maintain 6 inches of 2-4 inch well graded crushed stone on all Temporary Road approaches to surfaced roads for a distance of 100 feet back from the surfaced road. Surfaced roads include those with aggregate (or a mix of aggregate/native) or asphalt material

KT-GT.2.4# - SITE SPECIFIC SPECIAL PROTECTION MEASURES (09/2004)

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

Cultural Resource Protection Measures: Purchaser shall avoid stonewalls, cellar holes, and old foundations while felling and skidding. All stonewall crossings will be designated by Forest Service in advance of felling and skidding Wildlife and Botanical Protection Measures: N/A Cave Resource Protection Measures: N/A

KT-GT.3.1.4# - OPERATING RESTRICTIONS (06/2009)

Within Contract Area, unless changed by written agreement, the following operating requirements apply:

Restricted operations/activities:

In Payment Units 03, 06, 09, 16, 17, 18, 21, and 22, timber harvesting operations are restricted to conditions when soils are frozen and or covered with sufficient snow to minimize erosion, rutting, and compaction.

The movement of ash products is restricted to comply with the State of Vermont's "Recommendations to Slow the Spread of Emerald Ash Borer When Moving Ash from the Infested Area", in order to reduce the risk of transporting this invasive insect to un-infested areas.

Prohibited operations/activities: Whole tree removal prohibited in all Payment Units except Payment Unit 08 and 23.

KT-GT.6 EROSION PREVENTION VEGETATION. Contractor shall establish acceptable erosion prevention vegetation on areas of ground disturbance in the Contract Area. This requirement only applies to the areas identified by the Forest Service which are a result of Contractor actions. Revegetation measures shall be applied in such a manner and at times as directed by the Forest Service to establish an acceptable grass or legume cover. Failure to achieve an acceptable ground cover may result in the requirement for a second application of seed, fertilizer, etc. Contractor shall drain, level, grade and water bar all disturbed areas (Landings and Skid trails) as identified by the Contracting Officer’s Representative, and seed, lime, fertilize, and mulch at the following quantities and rates of application:

Seeding Requirements

All landings, skid roads, skid trails, and stream crossings with disturbed soils shall be seeded and mulched as directed by the Forest Service. The mixture and contents are listed as follows:

30lbs / acre of Forest Service approved seed mix 2 tons / acre of Forest Service approved mulch The seed mix shall consist of the following percentages:

30% creeping fescue ( Fectuca rubra) 20% little bluestem ( Schizachyrium scoparium) 25% side oats gramma grass ( Bouteloua curtipendula) 25% virginia wild rye ( Elmus virginicus)

Mulch will consist of certified weed free hay or straw. Woody debris may be used as a substitute by agreement

KT-GT.6.2# - SITE SPECIFIC WETLANDS PROTECTION MEASURES (09/2004)

Measures needed to protect wetlands identified on the Sale Area Map or on the ground include:

Mechanized operations are not allowed in mapped wetlands unless agreed to by the Forest Service. Additional wetlands found during harvest operations shall also be protected

KT-GT.7 SLASH DISPOSAL MEASURES. Slash resulting from Contractor's operations shall be removed from lakes, ponds, private land, right-of-way clearings for telephone lines, power lines, pipelines and other authorized facilities, and landings to be seeded under KT-GT.6.

Along maintained private property in Payment Unit 01, all slash resulting from Contractor's operations within 25 feet of the property line shall be lopped and scattered to lie no higher than 2 feet, unless there are physical obstacles that restrict cutting to that height..

Along Readsboro Legal Town Trail 1 in Payment Units 03 and 06, all slash resulting from Contractor's operations within 25 feet of both sides of the trail edge will be lopped and scattered to lie no higher than 2 feet, unless there are physical obstacles that restrict cutting to that height.

Where skid roads intersect with trails, place slash piles across the width of the skid trail to a height no more than 2 feet and a distance of six to eight feet back from the intersection to discourage travel on skid trails and avoid confusion for trail users.

In Payment Unit 03, all slash resulting from Contractor's operations within 25 feet of both sides of ski trails will be lopped and scattered to lie no higher than 2 feet, unless there are physical obstacles that restrict cutting to that height Slash will be removed from ski trails In Payment Unit 03, slash resulting from Contractor's operations within 15 feet of Vermont Highway 8 and 100 will be removed.

Slash resulting from Contractor’s operations from 15 feet to 150 feet from Vermont Highway 8 and 100 will be lopped and scattered to a height no more than 2 feet unless there are physical obstacles that restrict cutting to that height.

Slash Disposal treatment zones are shown on the Contract Area Map with symbol "SDZ."