AppendixG_GuidelinesforOperations.pdf

APPENDIX G

GUIDELINES FOR OPERATIONS

The following Guidelines for Operations apply to activities under this project, when relevant to the project. These guidelines are intended to clarify the expectations of the parties related to these specific areas of operations.

MAPS

1. Stewardship Project Area Map (Map). This is the boundary of the Stewardship Project Area designated by the Forest Service to meet the anticipated needs of the parties. The following may be identified on the Map:

a. Identified patented claims.

b. Boundaries of all stewardship treatment units.

c. Diameter limits for overstory and understory removal units.

d. Specified roads.

e. Roads where use is prohibited or restricted.

f. Roads and trails to be kept open.

g. Improvements to be protected.

h. Locations of known control areas to be protected.

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

j. Maximum stump heights when more than one height is listed by areas.

k. Streamcourses to be protected.

l. Locations of meadows requiring protection.

m. Locations of wetlands requiring protection.

n. Locations of temporary roads to be kept open.

o. Payment units, if required

ROADS

2. Use of Roads by the Partner. TUOLUMNE COUNTY is/are authorized to use existing National Forest system roads and specified roads. The Parties will determine that such use will not cause damage to the roads or National Forest resources.

3. Requirements of Rights-of-Way. TUOLUMNE COUNTY’s road construction and use on rights-of-way shall be confined to said rights-of-way and limited by the related easements and stipulations, if any, unless TUOLUMNE COUNTY makes other arrangements that will not infringe upon or adversely affect the grantee’s rights. Said easements or right-of-way documents are available in the offices of the Forest Supervisor and District Ranger.

4. Plan of Operations for Roads. Annually, prior to start of operations, TUOLUMNE COUNTY will prepare a supplement to the Technical Proposal that shall include a schedule of proposed maintenance and construction progress and a description of planned measures to be taken to provide erosion control for work in progress, including special measures to be taken on any segments of construction not substantially completed prior to periods of seasonal precipitation or runoff.

TUOLUMNE COUNTY shall submit a revised schedule when they propose a significant deviation from the progress schedule. Prior to beginning construction on any portion of specified roads identified as sensitive on plans, the parties shall agree on the proposed method of construction and maintenance.

5. Road maintenance. TUOLUMNE COUNTY shall maintain roads, commensurate with TUOLUMNE COUNTY’s use, in accordance with Road Maintenance Requirements and the Road Maintenance Specifications. Performance of road maintenance work by TUOLUMNE COUNTY may be required prior to, during, and/or after each period of use. The timing of work accomplishment shall be based on TUOLUMNE COUNTY’s operating schedule.

When two or more commercial users are simultaneously using the same road where the Forest Service is not requiring maintenance deposits, the commercial users will develop maintenance responsibilities and arrangements for accomplishing the work. The Forest Service must agree to this plan. If the commercial users cannot agree on maintenance responsibilities, the Forest Service shall resolve the differences. If TUOLUMNE COUNTY elects to use different roads than those listed, the Forest Service shall determine TUOLUMNE COUNTY’s commensurate share of road maintenance and revise road maintenance deposits. If the Forest Service cannot perform its full commensurate share of road maintenance, the Forest Service shall make a cash payment to TUOLUMNE COUNTY for performance of such work.

Unless agreed in writing, prehaul maintenance shall be completed on any portion of road prior to hauling on that portion. Maintenance, as used in this contract, does not include road reconstruction or repairs of an extraordinary nature.

6. Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of temporary roads, TUOLUMNE COUNTY shall employ such measures as outsloping, drainage dips, and water-spreading ditches. After a temporary road has served TUOLUMNE COUNTY’s purpose, TUOLUMNE COUNTY shall give notice to the 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 agreed to. When bridges and culverts are removed, associated fills shall also be removed to the extent necessary to permit normal maximum flow of water.

7. See also #22 - Protection of Improvements.

SAFETY

8. Safety. TUOLUMNE COUNTY’s operations shall facilitate the Forest Service’s safe and practical inspection of TUOLUMNE COUNTY’s operations and conduct of other official duties on the Stewardship Project Area. TUOLUMNE COUNTY has/have all responsibility for compliance with safety requirements for TUOLUMNE COUNTY’s operations.

When operations are in progress adjacent or on Forest Service controlled roads and trails open to public travel, TUOLUMNE COUNTY shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with operations occurring in the area. The parties shall agree to a specific traffic control plan prior to commencement of work. Devices shall be appropriate to current conditions and shall be covered or removed when not needed.

During periods of general recreation activity within the Stewardship Project Area or vicinity, the Forest Service may restrict road construction, timber cutting, yarding, and other harvesting operations to days other than Saturdays, Sundays, and holidays.

9. Accident and Injury Notification. TUOLUMNE COUNTY shall notify the Forest Service of any lost time personal injury accident or any accident or vandalism resulting in personal property damage over $400 in value that occurs as a result of or is associated with TUOLUMNE COUNTY’s operations.

TUOLUMNE COUNTY shall notify the Forest Service within 8 hours of any personal injury accident. For vandalism and personal property accidents, TUOLUMNE COUNTY shall notify the Forest Service at the same time notification is given to the state and local law enforcement authorities.

TUOLUMNE COUNTY shall take all reasonable measures after an accident or vandalism event to preserve the scene of the incident and provide information to facilitate a Forest Service investigation.

10. Sanitation and Servicing. TUOLUMNE COUNTY shall take all reasonable precautions to prevent pollution of air, soil, and water by TUOLUMNE COUNTY’s operations. Precautions shall include if facilities for contractors are established on the Stewardship Project Area, they shall be operated in a sanitary manner.

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

TUOLUMNE COUNTY shall remove from National Forest lands all refuse resulting from the use, servicing, repair, or abandonment of equipment. Refuse may include contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil.

In the event that TUOLUMNE COUNTY’s operations or servicing of equipment result in pollution to soil or water, TUOLUMNE COUNTY shall conduct cleanup to restore the polluted site to the satisfaction of the Forest Service.

MAINTENANCE OPERATIONS SIGNING STANDARDS

All signs must be manufactured & installed as specified in the FHWA "Manual on Uniform Traffic Control Devices" (MUTCD) & FS publication "Standards for Forest Service Signs & Posters" (EM 7100-15).

SIGN STANDARDS

SHAPE & COLOR: Generally, signs for logging and maintenance operations are either diamond- shaped or rectangular. All signs are reflective orange background with black legend and border unless shown otherwise. Handpainted, homemade signs are not legal. Fluorescent paint is not reflectorized.

SUBSTRATE: Sign substrate material may be High Density Overlay (HDO) Plywood, Aluminum, Fiberglass Reinforced Plastic, Corrugated Plastic or Roll-up Fabrics.

SIGN SIZE: Sign size is a factor of speed and MUTCD & FS standards. Where conditions of speed, volume, or special hazard require greater visibility or emphasis, larger signs should be used.

Minimum sizes for the most common signs can be found in Figure 4. Refer to the EM-7100-15 for additional sign sizes.

LEGEND: All lettering shall be Series "C" alphabet, conforming to Standard Alphabets for Highway Signs. Letter size is also a function of speed - use letter size and word messages as specified in MUTCD and EM-7100-15.

SIGN PLACEMENT

Signs are to be installed in locations as agreed to in the traffic control plan. All signs are to be removed, covered, or folded when operations are not in progress or the sign message is not applicable. Signs should generally be located on the right-hand side of the roadway. When special emphasis is needed, signs may be placed on both the left and right sides of the road.

Sign message shall be clearly visible to road users, mounted on posts or portable sign stands.

LATERAL CLEARANCE

From the edge of the road - 2 foot minimum, where slope limits to less than 6 feet. 6-12 foot preferred.

HEIGHT

Minimum of 7 feet, measured from the bottom of the sign to the near edge of the travelway. The height to the bottom of a supplemental sign mounted below the primary sign will be 6 feet.

Figure 1: Sign Placement Dimensions

Posted or Decelaration to listed advisory speed 85 percentile MPH speed MPH

PLACEMENT DISTANCE

Signs must be located 100-500 feet prior to the activity, (both ends if a through road) and maintained at that distance.

This distance is based on speed. Refer to Figure 2 , Table II-1, MUTCD, a portion of which is reproduced here, to determine correct placement distance.

Figure 2: A Portion of MUTCD TABLE II-1

SIGN SUPPORTS

POSTS: Signs are to be mounted on separate posts. Supplemental signs such as Speed Advisory plates are to be mounted on the same post as the primary sign. Do not mount signs on trees or other signs. Posts may be wood, metal, carsonite or similar material. Where sign supports cannot be sufficiently offset from the road edge, supports will meet breakaway standards. Single wood posts with less than 24 square inches do not require breakaway design.

TEMPORARY/PORTABLE SUPPORTS: Portable supports may be used for short-term, short-duration, and mobile conditions. MUTCD defines this time period as one work shift, 12 hours or less. All portable supports must meet MUTCD standards, including breakaway. These must be a minimum of 1 foot above the road surface or more if visibility requires it.

6' - 12'

(2' minimum where slope limits to less than 6')

FEET

HEAVY

TRUCK

TRAFFIC

Ed ge o f t ra ve lw ay

6' M

IN

7' M

IN

10 20 30 40 50

NA

25 100

30 150 100

35 200 175

40 275 250 175

45 350 300 250

50 425 400 325 225

55 500 475 400 300

60 575 550 500 400 300 65 650 625 575 500 375

Figure 3: Examples of Temporary/Portable Supports

SIGNS

The following signs meet the intent of the Safety standard. This is not a complete listing of signs that may be needed.

FG20-1-48* FG20-2-48 FG20-3-42* FG20-3a-42

FW22-3-30

FW20-1-30* W21-3-30* FW21-4a-30 FW11-7-24 W22-1-36*

FW8-6-24 FW11-9a-24 W7-3a-24* W13-1-18** W20-7aP- 24*

* Specify Distance ** Specify Speed

ROAD

CONSTRUCTION

NEXT 5 MILES

END

BLASTING

ZONE

END

CONSTRUCTION

LOGGING

OPERATIONS

NEXT 5 MILES

END

LOGGING

OPERATIONS

ROAD

CONSTRUCTION

500 FEET

BLASTING

ZONE

1000 FT

ROAD

MACHINERY

500 FEET

LOGGING

OPERATIONS

CROSSING

FEET

HEAVY

TRAFFIC NEXT

7 MILES

M.P.H.

BM-L-O BM-R-O

Barricade Markers (See MUTCD for length and stripe size)

11. Prevention of Oil Spills. If TUOLUMNE COUNTY maintain(s) storage facilities for oil or oil products in the Stewardship Project Area, TUOLUMNE COUNTY 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 or if any single container exceeds a capacity of 660 gallons, TUOLUMNE COUNTY shall prepare a Spill Prevention Control and Countermeasures Plan (SPCC). Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.

TUOLUMNE COUNTY shall notify the Forest Service and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the Stewardship Project Area that are caused by TUOLUMNE COUNTY’s contractors, agents, sub-contractors or their contractors or agents, directly or indirectly, as a result of TUOLUMNE COUNTY’s operations. TUOLUMNE COUNTY will take whatever initial action may be safely accomplished to contain all spills.

12. Hazardous Substances. TUOLUMNE COUNTY shall notify the National Response Center and Forest Service principal contact of all releases of reportable quantities of hazardous substances on or in the vicinity of the Stewardship Project Area that are caused by TUOLUMNE COUNTY’s contractors, agents, sub-contractors or their contractors or agents, directly or indirectly, as a result of TUOLUMNE COUNTY’s operations, in accordance with 40 CFR 302.

RESOURCE PROTECTION MEASURES

13. Protection of Control Areas. Locations of known areas needing special measures for the protection of plants, animals, cultural, and/or cave resources are shown on the Map and/or identified on the ground.

In addition to any special protection measures noted, TUOLUMNE COUNTY has a general duty to protect all known and identified resources referenced in this subsection from damage or removal during TUOLUMNE COUNTY’s operations. Discovery of additional areas, resources, special aquatic features, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location if the Forest Service determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. TUOLUMNE COUNTY may be required to back-blade skid trails and other ground disturbed by TUOLUMNE COUNTY’s operations within such areas in lieu of required cross ditching.

TUOLUMNE COUNTY shall immediately notify the Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until the Forest Service authorizes TUOLUMNE COUNTY to proceed. TUOLUMNE COUNTY shall bear the costs of resource evaluation and restoration to identified sites. Such payment shall not relieve TUOLUMNE COUNTY from civil or criminal remedies otherwise provided by law.

The Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

Label on Map Restrictions

Locations only identified on the ground

1.Unless otherwise agreed, no TUOLUMNE COUNTY ground disturbance activities will be permitted within areas flagged with orange/white and blue/black candy-striped flagging and/or "Area Controlled" signs. Any TUOLUMNE COUNTY operation (including the removal of products) within cultural management boundaries will require compliance with Section 106 of the National Historic Preservation Act of 1996.Any slash or debris resulting from operations occurring within flagged perimeters is to be removed manually by TUOLUMNE COUNTY.

2. Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations are permitted within areas flagged in orange & black candy-striped flagging.

3. Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations will be permitted within areas flagged with yellow flagging with red polka dots.

4. Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations are permitted within areas flagged with orange “Noxious Weeds” flagging. If by agreement TUOLUMNE COUNTY operates within a noxious weed area, cleaning of equipment is required immediately afterwards within a designated cleaning site, prior to working in any weed-free areas (see #16).

CA-1 and CA-2 Unless otherwise agreed, no TUOLUMNE COUNTY ground disturbance activities will be permitted within these areas shown on the Map.

CA-3 (Limited Operating

Period – LOP)

Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations (with the exception of road maintenance, road reconstruction, dust abatement & the hauling of products) will be permitted within these areas shown on the Map between March 1 and August 15, of any year.

Special control measures for the protection of wildlife resources are a limitation of operating period as listed under Special Provision C6.315#.

CA-4 (Limited Operating

Period – LOP)

Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations (with the exception of road maintenance, road reconstruction, dust abatement & the hauling of products) will be permitted within these areas shown on the Map between February 15 and September 15, of any year. Special control measures for the protection of wildlife resources are a limitation of operating period as listed under Special Provision C6.315#.

CA-5 Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations will be permitted within these areas shown on the Map. Any slash or debris resulting from TUOLUMNE COUNTY operations within flagged perimeters is to be removed manually by TUOLUMNE COUNTY.

CA-6 Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations will be permitted within these areas shown on the Map. Any slash or debris resulting from TUOLUMNE COUNTY’s operations occurring within flagged perimeters is to be removed manually by TUOLUMNE COUNTY.

NOX

Unless otherwise agreed, none of TUOLUMNE COUNTY’s operations shall be permitted within these areas shown on the Map. If by agreement TUOLUMNE COUNTY operates within this area, cleaning of equipment is required immediately afterwards within a designated cleaning site, prior to working in any weed-free areas (see #16).

14. Protection of Residual Trees. TUOLUMNE COUNTY’s operations shall not unnecessarily damage young growth or other trees to be reserved.

15. Cleaning Equipment/Noxious Weed control. Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by an applicable state agency or the local counties in which the vendor is operating in, or by other appropriate agencies having jurisdiction.

In order to prevent the spread of noxious weeds into the Stewardship Project Area, TUOLUMNE COUNTY shall be required to clean equipment prior to entry to the Stewardship Project Area. This clean-up shall occur off Federal lands, and shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment so cleaned and inspected by the Forest Service will be allowed to operate within the Stewardship Project Area. All subsequent move-ins of equipment to the Stewardship Project Area shall be treated in the same manner as the initial move in.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use, as well as on-road-use, whether they are owned, leased, or borrowed by TUOLUMNE COUNTY or are subs of TUOLUMNE COUNTY.

TUOLUMNE COUNTY shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Equipment, materials, and vehicles shall be visually inspected by TUOLUMNE COUNTY and certified in writing to be reasonably clean and weed free prior to entrance on National Forest System lands. TUOLUMNE COUNTY shall document the inspection and certification of equipment at a cleaning location and provide documentation of that inspection and certification to the Forest Service. Equipment and vehicles are expected to proceed directly to the job site following the inspection.

New infestations of noxious weeds, of concern to Forest Service and identified by either TUOLUMNE COUNTY or Forest Service, on the Stewardship Project Area or on the haul route, shall be promptly reported to the other party. TUOLUMNE COUNTY and the Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

16. Protection of Land Survey Monuments. The Forest Service shall appropriately designate on the ground all known survey monuments including but not limited to horizontal control stations (Triangulation Stations), vertical control stations (Bench Marks), property corner monuments, and all Public Land Survey System monuments. This shall include reference monuments, corner accessories such as bearing trees, line trees and line posts. Identifying signs shall be posted by the Forest Service on two sides of each known bearing tree, and each line post shall be posted with a metal sign or decal. Line trees may be cut if designated by the Government.

In authorized clearings such as clearcutting units and road construction clearings, and in other instances where damage to survey monuments, corners, corner accessories and survey of property line markers is unavoidable, the Forest Service shall arrange protective or perpetuative action that does not cause unnecessary delay to TUOLUMNE COUNTY.

TUOLUMNE COUNTY shall protect all known survey monuments, witness corners, reference monuments, bearing trees and line markers against avoidable destruction, obliteration or damage during TUOLUMNE COUNTY's operations. Additional monuments or objects discovered on the area shall be promptly reported to the other party and shall also be protected. If any known monuments, corners, corner accessories, and survey or property line markers are destroyed, obliterated or damaged during TUOLUMNE COUNTY's operations, TUOLUMNE COUNTY shall employ a registered professional land surveyor to reestablish or restore at the same location the monuments, corners, corner accessories or line markers. Such surveyors shall use procedures and monumentation that accords 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 any applicable State statutes concerned with land surveys. TUOLUMNE COUNTY's agent shall record such surveys in accordance with state survey statutes.

17. Protection of Streamcourses. “Streamcourses” that are subject to the provisions of this section are shown on the Map. Unless otherwise agreed, the following measures shall be observed to protect streamcourses:

TUOLUMNE COUNTY’s operations shall be conducted to prevent debris from entering streamcourses. In the event that TUOLUMNE COUNTY’s operations cause(s) debris to enter streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, TUOLUMNE COUNTY’s operations shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to streamcourses.

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 there is one end suspension.

Wheeled or track-laying equipment shall not be operated in streamcourses, except at crossings agreed to by TUOLUMNE COUNTY and the Forest Service or as essential to construction or removal of culverts and bridges.

• Flow in streamcourses may be temporarily diverted only if such diversion is necessary for TUOLUMNE COUNTY’s planned construction and the 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.

• Unless otherwise agreed in writing, wheel or track laying equipment shall not operate within “Buffer Strips” except as necessary for fire suppression activities. “Buffer Strips” are areas marked on the ground or are within the distances identified on the Map measured from the apparent high-water mark of streamcourses. Boundaries of “Buffer Strips” may be modified by agreement in writing to meet unforeseen operating conditions.

• Culverts, bridges, or other suitable structures shall be required on skid roads and trails only at points where it is necessary to protect streamcourses. The type of crossing structures, method of installation, and removal shall be determined by agreement. TUOLUMNE

COUNTY in accordance with C6.6# - Erosion Prevention and Control, shall remove such structures associated with fills.

• Damage to streamcourse or “Buffer Strips” caused by unauthorized TUOLUMNE COUNTY operations shall be repaired by TUOLUMNE COUNTY in a timely and agreed manner to the extent practical as determined by the Forest Service to restore and prevent further damage to streamcourses.

Label on Map Restrictions

Streamcourse Protection (Perennial and Intermittent Streams)

Skidding equipment & Burn piles – 50 foot exclusion zone. Mechanized harvesting equipment – 15 foot exclusion zone. New landings – 100 foot exclusion zone.

Streamcourse Protection (Ephemeral Streams)

Skidding equipment & Burn piles – 25 foot exclusion zone. Mechanized harvesting equipment – 15 foot exclusion zone. New landings – 50 foot exclusion zone.

18. Erosion Prevention and Control. TUOLUMNE COUNTY’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. The kinds and intensity of erosion control work done by TUOLUMNE COUNTY shall be adjusted 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.

Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy rainfall, commensurate with its use, TUOLUMNE COUNTY shall inspect and open culverts and drainage structures, construct special cross ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and siltation of streams.

Unless otherwise agreed in writing, after September 15 of each operating season, erosion control work must be kept current. TUOLUMNE COUNTY shall complete erosion prevention and control work, including streamcourse protection (see #18), within 15 calendar days after completion of skidding and/or yarding operations for each landing.

19. Erosion Control Structure Maintenance. During the period of this SPA, TUOLUMNE COUNTY shall provide maintenance of soil erosion control structures constructed by TUOLUMNE COUNTY until they become stabilized, but not for more than one year after their construction.

20. Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed to otherwise, TUOLUMNE COUNTY 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, 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, TUOLUMNE COUNTY shall keep such work on any additional disturbed areas as up to date as practicable.

21. Protection of Improvements. So far as practicable, TUOLUMNE COUNTY shall protect all physical improvements including, but not limited to, roads, trails, ditches, fences, waterlines, telephone lines, land survey monuments and blaze trees, and other improvements existing in the Stewardship Project Area, determined to have continuing need or use, and designated on the Map.

TUOLUMNE COUNTY shall keep roads and trails needed for fire protection or other purposes and designated on the Map reasonably free of equipment and products, slash, and debris resulting from TUOLUMNE COUNTY’s operations. TUOLUMNE COUNTY shall make timely restoration of any such improvements damaged by TUOLUMNE COUNTY’s operations and, when directed

(because of such operations) shall move such improvements if and as specified by the Forest Service.

All protected improvements will be protected from damaged by TUOLUMNE COUNTY. If any protected improvements are disturbed, TUOLUMNE COUNTY shall immediately contact the Forest Service and will be liable for the cost of repairs.

22. Meadow Protection. Reasonable care shall be taken to avoid damage to the cover, soil, and water in meadows shown on the Map. Vehicular or skidding equipment shall not be used on meadows, except where roads, landings, and tractor roads are approved. Unless otherwise agreed, trees felled into meadows shall be removed by end lining. Resulting logging slash shall be removed where necessary to protect cover, soil, and water.

23. Wetlands Protection. Wetlands requiring protection under Executive Order 11990 are shown on the Map. Vehicular or skidding equipment shall not be used in such wetlands, except where roads, landings, and tractor roads are approved by the Contracting Officer.

FIRE

24. Fire Precautions and Control

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

2. Fire Precautions. Specific fire precautionary measures listed in this Appendix shall be applicable during TUOLUMNE COUNTY’s operations in the “Fire Precautionary Period” described. The dates of the “Fire Precautionary Period” may be changed by agreement, 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 TUOLUMNE COUNTY’s operations in the “Fire Precautionary Period”.

3. Substitute Precautions. The 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.

4. Emergency Precautions. The Forest Service may require the necessary shutting down of equipment on portions of TUOLUMNE COUNTY’s operations, as specified by the emergency fire precautions schedule. Under such conditions, after TUOLUMNE COUNTY cease(s) active operations, TUOLUMNE COUNTY shall release for hire by the Forest Service, if needed, TUOLUMNE COUNTY’s shutdown equipment for fire standby on the Stewardship Project Area or other areas of TUOLUMNE COUNTY’s operations and personnel for fire standby or fire patrol, when such personnel and equipment are not needed by TUOLUMNE COUNTY 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 TUOLUMNE COUNTY request(s), shall be operated only by personnel approved by TUOLUMNE COUNTY. Personnel so hired shall be subject to direction and control by the Forest Service and shall be paid by the Forest Service at fire fighting rates common in the area or at prior agreed rates.

5. Fire Precautionary Period and Fire Precautions. Specific fire precautionary measures are set forth below. Upon request of the Forest Service, TUOLUMNE COUNTY shall permit and provide an individual to assist in periodic testing and inspection of required fire equipment. TUOLUMNE COUNTY shall promptly remedy deficiencies found through such inspecting and testing.

1. The following requirements shall apply during the period April 1- December 1 and during other such periods as specified by the Forest Service.

2. See Appendix H.

25. Fire Control. TUOLUMNE COUNTY shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires resulting from TUOLUMNE COUNTY’s operations and to suppress any forest fire on the Stewardship Project Area. TUOLUMNE COUNTY’s independent initial fire suppression action on such fires shall be immediate and shall include the use of all necessary personnel and equipment at TUOLUMNE COUNTY’s disposal on the Stewardship Project Area or within the distance of the Stewardship Project Area: (Initial fire suppression within 25 road miles, and fire suppression re-inforcement within 100 miles).

1. The Partner’s Reinforcement Obligations. Whenever an Operations Fire or Negligent Fire, whether on or off the Contract area or any other forest fire on the Contract area, has not been suppressed by initial action and appreciable reinforcement strength is required, the Forest Service may require further actions by TUOLUMNE COUNTY 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:

• Suspend Operations. To suspend any or all of TUOLUMNE COUNTY’s operations.

• Personnel. To release for employment by the Forest Service any or all of TUOLUMNE COUNTY’s personnel engaged in TUOLUMNE COUNTY’s operations or timber processing within the distance of the Stewardship Project area:

(25 road miles). Any organized crew so hired shall include TUOLUMNE COUNTY’s supervisor, if any. Personnel so employed shall be paid at Forest Service standard emergency fire fighting rates.

• Equipment. To make available for the Forest Service rental at fire fighting equipment rates common in the area or at prior agreed rates any or all of TUOLUMNE COUNTY’s equipment suitable for fire fighting and currently engaged in TUOLUMNE COUNTY’s operations within the distance of the Stewardship Project Area: (100 road miles). Equipment shall be operated only by personnel approved by TUOLUMNE COUNTY, if so requested by TUOLUMNE COUNTY.

26. Limited Liability for Operations Fires:

Maximum Amount of TUOLUMNE COUNTY’s obligation per Operation's Fire.

Entry should be determined as follows and rounded up to the nearest $100. The minimum amount will be $1,000.00. If State statute or law defines limited liability, use that determination (e.g. Oregon), otherwise calculate the amount using the following formula:

[(1) x (2) + (3) x (4)] x (5) = Maximum Amount of Cooperator’s Obligation per Operations Fire. Round up to the next $100.

1. Equals the number of workers normally required to operate the size of proposed project.

4 Workers

2. Equals the daily (12 hour) wage rate for semi-skilled (AD-1) firefighter.

$ 15 /Hr. x 12 hours = $ 180

3. Equals the number of pieces of equipment normally required to operate the size of proposed project that can effectively cut and clear fire lines.

4 Pieces of equipment

4. Average daily rate for each piece of equipment, including cost of operator, from current local engineering cost guide.

$ 100 /Hr. x 12 hours = $ 1200 /12hr.

5. Equals the number of days normally required to control and mop up such fires to a point where control lines can reasonably be expected to hold under foreseeable conditions. Minimum is one day and maximum is 10.

5 days

TUOLUMNE COUNTY’s obligation per Operations Fire, Maximum Amount: $ 27,600