B08_Attachment_1_Statement_of_Work.docx

Case Mountain Stewardship Statement of Work

SECTION 1.O BACKGROUND ON THE GOVERNMENT’S REQUIREMENT

Case Mountain is located near Three Rivers, CA and has Sierra Nevada mixed-conifer with Giant Sequoia groves throughout. It is managed by the BLM with some parcels being under private ownership. In September 2024, the Coffee Pot Fire burned through much of the project area at mixed severity, with one timber harvest unit remaining unburned. The Case Mountain Stewardship Project is designed to restore forest structure and composition, and improve resilience to insects and disease, after the 2024 Coffee Pot Fire, as well as protecting old growth Giant Sequoias from further high intensity wildfire.

SECTION 2.0 GENERAL SCOPE OF WORK

The General Scope of Work to be performed is forest management activities. The Purchaser will perform all functions of timber harvest for the 242-acre Case Mountain Stewardship Project (Exhibit A and B) inclusive of removal of all marked and otherwise designated salvage timber (Exhibit C), including previously decked timber; transport of timber to Mill, road construction, improvements, and decommissioning (Exhibit D); and compliance with all Terms and Special Provisions herein.

Place of Performance

Project Location: T17S R24E Directions to Project Units: The project area is located east of Three Rivers. The project is located within the Case Mountain Extensive Recreation Management Area, which is closed to public vehicular traffic but can be accessed through Craig Ranch Road off HWY 198. The units are accessed via an 11-mile dirt road that gains 5,200 feet in elevation.

Unit Designation: Unit boundaries are marked Unit boundaries are marked with horizontal orange lines and unit boundary signs on the bole of trees and displayed on map exhibits. Trees with orange paint will not be removed.

NEPA

Environmental Documents - Purchaser will further comply with all requirements of the Case Mountain Vegetation and Forest Health Plan Environmental Assessment, NEPA document number DOI-BLM-CA-C060-2018-0030-EA and the Roadside Hazard Tree Thinning and Salvage Harvest Post-Coffee Pot Fire DNA document number DOI-BLM-CA-C060-2025-0013-DNA.

SECTION 3.0 SPECIFIC TASKS

Task 1: Item/Service Activity #0001A Road Improvement: The main haul route, Salt Creek Road/Craig Ranch Road, is difficult for logging trucks to navigate due to steep inclines and tight, hairpin turns. Considerable reconstruction may be required to make the transportation route feasible. Necessary reconstruction is permitted. The Purchaser shall renovate roads as specified on Exhibit D. All native surfaced spurs and roads to be renovated shall be used for harvest operations during the dry season of each calendar year, then winterized in the same respective calendar year. Any required renovation of structures and roads shall be completed and accepted prior to the removal of any timber over that road.

Task 2: Item/Service Activity #0001B Establishment, closing, and restoration of landings and skid trails (associated with Task 2):

1. Task includes:

· clearing of vegetation and dirt work necessary to level and establish access to landings for equipment, as necessary.

· Planning routes and clearing of vegetation necessary to establish skid trails.

· recontouring of skids trails (if necessary), covering skid trails and landings with a relatively continuous layer of chips/grindings made from the removed trees of the unit to a depth of at least 3 inches. Covering of skid trails is only required in areas of over 10 percent slope on the skid trail.

Task 3: Item/Service Activity #0002A Cutting and removal of timber in Units 1-3 (126 acres): All timber in Units 1-3 designated with blue paint will be felled using hand or mechanical means, yarded to a landing, and processed for removal from the site. Whole tree yarding will be utilized. All stumps must be 12 inches or less in height, measure from the uphill side.

Task 4: Item/ Service Activity #0002B Cutting and removal of salvage timber in Units 4-8 (116 acres): Dead and dying merchantable timber within units 4-8 will be felled as designated by the prescription in Exhibit C. Salvage logs will be felled using hand or mechanical means, yarded to a landing, and processed for removal from the site. All stumps must be 12 inches or less in height, measured from the uphill side.

Task 5: Item/Service Activity #0002C Removal of hazard trees from site: The cutting of hazard trees that could impact BLM roads will be completed under a separate contract. Hazard trees may be cut, processed, and decked, or may be cut, processed, and immediately loaded for transport to the mill, depending on the schedule of the different contracts.

SECTION 4.1 SPECIFICATIONS TO LOGGING TASKS

1) Merchantable Timber - All timber which can be cut into logs, which is equal to or exceeds the following specifications, shall be considered merchantable timber.

Schedule of Minimum Material Specifications

(inside bark at small end) Net Scale

a) Unutilized merchantable timber will not exceed 25% of total volume. To maximize utilization, the Purchaser shall buck logs to variable lengths. If the Purchaser fails to buck logs to variable lengths, the Authorized Officer may measure un-yarded log segments and bill the Purchaser for their value. Under no circumstances will the Purchaser be allowed to cut preferred lengths only.

b) Timber will only be cut and removed in the Sale Area (Units) as designated in Exhibit B unless approved by BLM. If a tree outside of the sale area poses a hazard to operations and must be removed, it must be approved by the Authorized Officer.

2) Timber Not Designated

a) The Case Mountain Stewardship Project contains multiple Giant Sequoia groves. Timber will be felled away from mid-sized and large Giant Sequoia. All Giant Sequoia trees greater than 29.9 inches DBH or 32.0 inches stump diameter shall be left uncut.

b) Unit boundaries are marked with horizontal orange lines and unit boundary signs on the bole of trees and displayed on map exhibits. Trees with orange paint will not be removed.

c) Any dead timber not in riparian reserves may be removed at the discretion of the Purchaser. At least 4 large (>20 inches in diameter) residual snags per acre must be left behind.

d) Removal of existing downed trees in advanced stages of decay is not permitted. Reserved existing downed trees may be bucked to facilitate yarding.

e) Only hardwoods posing a hazard to operations are permitted to be removed.

f) Removal of unmarked timber required for the re-opening of landings, roads, and skid trails designated in the logging plan and approved by the Authorized Officer will be permitted. Removal of unmarked timber that poses a hazard to operations and is within the Sale Area is permitted.

3) Logging:

a) Before beginning operations on the Contract Area for the first time or after a shutdown of ten (10) or more days, the Purchaser shall notify the Authorized Officer in writing of the date they plan to begin operations. The Purchaser shall also notify the Authorized Officer in writing if they intend to cease operations for any period of ten (10) or more days.

b) Prior to the commencement of operations, the Purchaser shall obtain from the Authorized Officer written approval of a written operations and logging plan commensurate with the terms and conditions of the contract which shall include measures needed to assure protection of the environment and watershed. A pre-work conference between the Purchasers authorized representative and the Authorized Officer must be held at a location designated by the Authorized Officer before the logging plan will be approved. All logging shall be done in accordance with the plan developed by this provision.

c) For a distance of fifty (50) feet from the perimeter of each landing designated by the Authorized Officer, all logs more than eight (8) inches in diameter at the large end and longer than eight (8) feet in length shall be decked or windrowed at the location designated by the Authorized Officer except logs sold and removed from the Contract Area, as required by the utilization specifications designated in (3) above.

d) No ground-based logging equipment or vehicles would be allowed within riparian or sensitive resource reserves. All exclusion areas (including stream buffers and sensitive resource areas) that are adjacent to or within the proposed Project Area will be flagged on the ground and clearly identified by Authorized Officer.

e) Ground-based logging equipment would use existing “legacy” compacted surfaces (e.g., skid trails, landings) where feasible. New landings and skid routes would only be identified as necessary in units outside of Wilderness Study Areas. All areas designated for equipment use would use siting, spacing, slope, and travel direction designs which are adaptive to local terrain, avoiding significant hydrological impacts and minimizing erosion. Landings may only be constructed in the Sale Area as designated on Exhibits A and B.

f) Ground-based skidders and tracked equipment would be limited to slopes less than or equal to 50%, unless using tethered ground-based equipment or when using legacy trails or accessing isolated harvest areas, or for short steep pitches. No routes would be designated where hydrological and erosion effects could not be substantially reduced through decommissioning and rehabilitation.

g) Any cable yarding corridors must be perpendicular to stream channels and full lift must occur over streams.

h) Whole tree yarding (including tops and limbs) would be utilized to reduce the accumulation of residual logging slash/surface fuels, and trees would be processed at the landings.

i) In the Harvest Areas shown on Exhibit B, all trees designated for cutting, which are within one hundred fifty (150) feet of the Reserve Areas, property lines and adjacent plantations shall be felled away from those areas.

j) No hardwood trees shall be felled unless the hardwood tree is a safety hazard for operations on the contract area.

k) Trees shall be yarded to the landing whole with tops and limbs attached for processing, logs may be bucked away from landings, provided that top logs are yarded with the limbs attached and processed at the landing.

i) A rubber-tired or track-mounted skidder may be used in accordance with the following specifications:

(1) The skidder shall be approved by the Authorized Officer prior to ground-based yarding operations.

(2) Yarding shall be done with one end of the log suspended.

(3) The skidder shall be restricted to designated skid trails. Skid trails shall be clearly identified on the ground, fourteen (14) feet or less in width and spaced at least one hundred fifty (150) feet apart. Designated skid trails, whether existing or newly proposed, shall be approved by the Authorized Officer prior to the felling of timber.

(4) A track-mounted log loader, or shovel yarding system, may be used in accordance with the following specifications:

ii) A track-mounted log loader, or shovel yarding system, may be used in accordance with the following specifications:

(1) The track-mounted log loader shall be approved by the Authorized Officer prior to ground-based yarding operations.

(2) The track-mounted log loader shall be restricted to designated skid trails and shall utilize the swing yarding method to the greatest extent practicable. The designated skid trail network shall minimize both the amount of ground covered by the tractor treads and the number of passes over any single spot on the ground. Designated skid trails, whether existing or newly proposed, shall be approved by the Authorized Officer prior to the felling of timber.

iii) A processor/harvester system may be used in accordance with the following specifications:

(1) The processor/harvester must have a lateral reach of twenty (20) feet or more, and the machine’s lateral reach must be utilized as much as possible.

(2) Logs that are too large for the harvester operation may be yarded with a rubber-tired or track-mounted skidder, or a track-mounted log loader approved by the Authorized Officer, and as directed by the Authorized Officer. The skidder shall operate on designated skid trails approved by the Authorized Officer.

l) During logging operations, the Purchaser shall keep Salt Creek/Craig Ranch Road and all other roads used through the Contract Area, clear of trees, rock, dirt and other debris so far as is practicable. The road shall not be blocked by such operations for more than thirty (30) minutes unless otherwise approved by the Authorized Officer.

4) Slash Management

a) Areas with large accumulations of slash throughout the project area would be machine or hand piled in a location that would minimize torch and scorch of remaining trees when burned. Non-merch logs would be yarded or skid to landings where they would be chipped, hauled to a biomass facility, sold as firewood, and/or burned. Slash not on landings will not be left at a depth greater than 18”. All machine and hand piles would be covered with paper or plastic to facilitate burning and must be sufficiently free of soil and other non-combustible material. Machine piles throughout the unit would not exceed 20 feet x 20 feet and landing piles would not exceed 50 feet x 50 feet. Landing piles would likely need to be larger than other machine piles throughout the unit due to the amount of material (tree limbs and tops) produced by whole tree yarding and processing at the landing. If too much slash is accumulated at landing sites, processing in other strategic areas could occur to mitigate pile size and cull wood accumulation.

SECTION 4.2 SPECIFICATIONS TO ROAD CONSTRUCTION, USE, AND MAINTENANCE

1) Construction, Use, and Maintenance of Roads and Facilities

a) Subject to the written approval of and regulation by the Contracting Officer, Purchaser may: (1) construct new roads and facilities not otherwise provided for in this contract in units outside of Wilderness Study Areas (WSA), and (2) use any existing roads and facilities not otherwise provided for in this contract.

b) The main haul route, Salt Creek Road/Craig Ranch Road, is difficult for logging trucks to navigate due to steep inclines and tight, hairpin turns. Considerable reconstruction may be required to make the transportation route feasible. Necessary reconstruction is permitted. Additional details can be found in Exhibit D: Road Renovation.

c) During haul operations all unsurfaced roads on the haul route shall be watered daily for dust abatement during dry seasons. The Contractor shall acquire legal access to a water source to be used for this purpose.

d) Purchaser shall perform or pay for repair and maintenance of any road or facility used under the terms of this contract inclusive of Exhibit D; Provided, however, that Purchaser shall not be responsible for maintenance or repair of wear or damage caused by third parties, or maintenance or repair which exceeds the standards of required maintenance shown in Exhibit D; and Provided, further, that Purchaser’s responsibility under this provision shall not commence prior to the date on which Purchaser first begins operations and shall cease upon completion and written acceptance of all contract requirements other than slash disposal, except for maintenance and repair of damages resulting from Purchaser’s slash disposal activities.

e) Accessing Units 4-8 requires travel and hauling on private roads. The Purchaser is responsible for obtaining written permission from landowner to pass.

f) The Purchaser also agrees that if they elect to use any other private roads for the removal of Government timber sold under the terms of this contract, the Purchaser shall provide written approval for use of the private roads.

g) The Purchaser shall not operate on the contract area, including vehicle access, when soil moisture is excessive as determined by the Authorized Officer.

h) The Purchaser is authorized to use the roads shown on Exhibit A and B that are under the jurisdiction of the Government for the removal of Government timber sold under the terms of this contract. Any road listed on Exhibit A or B requiring improvement shall be maintained by the Purchaser.

i) The Purchaser will effectively drain the road surface by using crowning, insloping or outsloping, grade reversals (rolling dips), and waterbars, or a combination of these or other methods. Avoid concentrated discharge onto fill slopes unless the fill slopes are stable and erosion resistant. Use only broad-based drainage dips or lead-off ditches in lieu of cross drains for low volume roads. Locate these surface water drainage measures where they will not drain into wetlands, floodplains, and streams. Avoid use of outside road berms unless designed to protect road fills from runoff. If road berms are used, breach to accommodate drainage where fill slopes are stable. Divert road and landing runoff water away from headwalls, slide areas, high landslide hazard locations, or steep erodible fill slopes.

j) Waste material from road construction and maintenance activities, or new material, will be temporarily stored in stable areas in a location where sediment laden runoff can be confined. This material will be stored a minimum of 100 feet from any stream. Materials will be stored in previously disturbed areas whenever possible. Material storage areas will be approved by the Authorized Officer before they will be used. Where necessary, erosion control will be done to minimize sediment delivery to streams.

k) The Purchaser will locate temporary roads on stable locations, e.g., ridge tops, stable benches, or flats, and gentle-to-moderate side slopes. No temporary road construction on steep slopes (> 35 percent), unstable slopes and headwater swales. Locate temporary roads at least 100 feet away from wetlands, riparian areas, floodplains, vernal pools, and streams. No new roads will be constructed in Wilderness Study Areas.

l) Temporary road construction and decommissioning, and road maintenance will not occur during the wet season (generally October 15 through May 15) when the potential for soil erosion, compaction, and water quality degradation exists. This restriction could be waived under dry conditions and a specific erosion control plan (e.g., rocking, waterbarring, seeding, mulching, barricading). All ground-disturbing activities will be suspended if projected forecasted rain will saturate soils to the extent that there is potential for movement of sediment from the road to wetlands, floodplains, or streams. Exposed soils in temporary roads and landings will be covered with clean (weed free) straw mulch or slash or temporarily stabilized during work suspension. Some variations in these dates will be permitted pending approval of the Authorized Officer.

2) Limitations of Road Use

a) Purchaser’s right under this contract to use existing Government roads described herein, or roads to be constructed, is limited to removal of wood products sold and the transport of mineral materials under this contract; Provided, however, that this provision shall not limit any right to use Government roads or rights-of-way which have been granted to Purchaser pursuant to 43 CFR Group 2800.

b) For the purpose of protecting roads described herein, Purchaser shall immediately discontinue use of said roads upon receipt of written notice that the Authorized Officer has determined that continued use will cause excessive damage to said roads.

3) Hauling Notification and Restrictions -

a) Salt Creek/Craig Ranch Road is routinely used for non-vehicular recreation, as well as access to grazing leases and private ranches. Salt Creek/Craig Ranch Road will be closed to recreation Monday-Fridays during hauling operations. However, Purchaser is required to coordinate with the ranchers no less than one week in advance of hauling operations, post appropriate signage during operations, and potentially provide a road guard at the bottom of the road if public access continues to occur.

b) Purchaser shall notify the Authorized Officer three (3) business days prior to starting and at the earliest opportunity when stopping of hauling operations performed under the contract.

c) The Purchaser shall furnish a map showing the route which shall be used to haul logs from the timber sale area to the scaling location. Such route shall be the most direct haul route between the two points, unless another route is approved by the Government. The route of haul may be changed only with advance notice to the Authorized Officer. The haul route map shall be attached to the Approved Logging Plan.

4) Protection of Roads, Utilities, and Improvements – Existing telephone lines, transmission lines, fences, ditches, roads, trails, and other improvements shall be protected as far as practicable in all phases of Purchaser’s operations. All such roads and ditches shall be kept free of logs, slash, and debris resulting from Purchaser’s operations. Damage to roads, utilities, and improvements shall be promptly paid for or repaired to a condition which, in the opinion of the Authorized Officer, is at least as good as the condition just prior to such damage.

5) Acceptance of Road Construction

a) Whenever Purchaser shall deliver to the Contracting Officer a written statement that the road construction is complete, pursuant to the contract terms, the Authorized Officer shall promptly inspect such road. If the contract road construction requirements have been completed to the satisfaction of the Contracting Officer, Purchaser will be given written notice of acceptance and be released from further liability or duty for construction or reconstruction of such road.

6) Cost Adjustment for Physical Changes - If, prior to acceptance of a road, a major physical change, caused by a single event, and not due to negligence of Purchaser, Purchaser’s Purchasers, subPurchasers, or the employees of any of them, results in additional construction work by Purchaser involving an additional estimated cost of more than: (1) $1,000 for sales under one million board feet; (2) $1.00 per thousand board feet for sale of one to three million board feet; or (3) $3,000 for sales over three million board feet, Government shall become responsible for any estimated cost which exceeds the above amounts. Government may elect to meet its share by reducing the actual purchase price or by payment of such cost to Purchaser or by performing the Purchaser’s share of the necessary work. Where the Contracting Officer determines that the damages caused by such major physical change are so great that restoration, reconstruction, or construction is not practical under the cost-sharing arrangement, the Contracting Officer may cancel this Contract notwithstanding any provisions thereof. The estimated cost of additional work shall be calculated by the Authorized Officer using BLM-prescribed appraisal procedures. Such cost shall include the cumulative estimated costs of repairing damage from slides, washouts, landslips, fire, etc., caused by said event. If necessary, plans and contract specifications shall be revised, and the contract modified, to meet the new conditions. Purchaser must obtain advance approval from the Contracting Officer for such additional work in order for Purchaser to be eligible for cost adjustment under this section. The payment for physical changes shall be made by crediting against the total actual purchase price and may be accomplished by applying the credit to future installments owed by the Purchaser.

7) Design Change - If the Purchaser requests and the Contracting Officer agrees to a design change of a substantial nature to any road, road structure, or bridge required to be constructed or improved under the terms of this contract, or, in the absence of such a request, the Contracting Officer determines that a design change of a substantial nature is needed, the total actual purchase price shall be revised to reflect the estimated increase or decrease in cost from such design change. A design change of a substantial nature is one that would result in a cost adjustment of $2,000 or more

SECTION 4.3 DELIVERY/PERFORMANCE SCHEDULE

1) No ground disturbing activities from March 1 – June 30 to avoid impacts to denning Pacific Fisher. Additionally, several units fall within California Spotted Owl Protected Activity Centers (PACs). No ground disturbing activities in these units from March 1 – August 31 unless surveys confirm lack of breeding individuals. The Government shall conduct surveys and coordinate survey results with Purchaser.

2) The Purchaser shall not haul logs from the contract area on weekends; Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, and New Year’s holidays; or outside the hours of 5:00 a.m. to 8:00 p.m. daily, unless otherwise approved in writing by the Contracting Officer or designated in the Approved Logging Plan.

3) Purchaser may begin cutting and removing wood products sold under this contract on the date this contract is signed by the Contracting Officer. Purchaser’s right to cut and remove such wood products shall expire 18 months after such date; Provided, however, extensions of time may be granted as follows:

Suspension due to Environmental Concerns - The Purchaser shall immediately discontinue specified construction or timber harvesting operations upon written notice from the Contracting Officer that:

a) threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, may be affected by the operation, and a determination is made that consultation or reinitiation of consultation is required concerning the species prior to continuing operation, or;

b) when, in order to comply with the Endangered Species Act, the Contracting Officer determines it may be necessary to modify or terminate the contract, or;

c) federal proposed, federal candidate, Bureau sensitive or State listed species protected under BLM Manual 6840 - Special Status Species Management - have been identified, and a determination is made that continued operations would affect the species or its habitat, or;

d) other active raptor nests have been discovered, and a determination is made that continued operations under this contract would adversely affect the present use of the discovered nesting area by the raptor, or;

e) when, in order to comply with a court order which enjoins operations on the sale or otherwise requires the Bureau of Land Management to suspend operations, or;

f) when, in order to comply with a court order, the Contracting Officer determines it may be necessary to modify or terminate the contract, or

g) species have been discovered which were identified for protection through survey and manage and/or protection buffer standards and guidelines established in the Record of Decision (ROD) and Resource Management Plan (RMP), and the Contracting Officer determines that continued operations would affect the species or its habitat, or;

h) when, in order to protect species which were identified for protection through survey and manage and/or protection buffer standards and guidelines established in the ROD and RMP, the Contracting Officer determines it may be necessary to modify or terminate the contract.

i) Those operations necessary for a safe removal of personnel and equipment from the Contract Area and those directed by the Contracting Officer which are required in order to leave the Contract Area in an acceptable condition will be permitted. Discontinued operations may be resumed upon receipt of written instructions and authorization by the Contracting Officer.

j) During any period of suspension, the Purchaser may withdraw performance and payment bond coverage aside from that deemed necessary by the Authorized Officer to secure cut and/or removed timber for which the Bureau of Land Management has not received payment, and/or unfulfilled contract requirements associated with harvest operations that have already occurred and associated post-harvest requirements.

k) In the event of a suspension period or a combination of suspension periods that exceed a total of thirty (30) days, the unamortized Out-of-Pocket Expenses for road or other construction required pursuant to Exhibit D of the contract shall be refunded or transferred to another BLM contract at the request of the Purchaser. Upon written notice from the Contracting Officer lifting the suspension, the Purchaser shall reimburse the Government the amounts refunded or transferred. The Purchaser may choose to pay this reimbursement at once or in installments payable at the same time as payments are due for the timber under the contract and in amounts approximately equal to the expenses associated with the timber for which payment is due.

l) In the event that operating time is lost as a result of the incorporation of additional contract requirements, or delays due to Endangered Species Act consultation with the U.S. Fish and Wildlife Service or U.S. National Marine Fisheries Service, or court-ordered injunctions, the Purchaser agrees that an extension of time, without reappraisal, will constitute a full and complete remedy for any claim that delays due to the suspension hindered performance of the contract or resulted in damages of any kind to the Purchaser.

m) The Contracting Officer may determine that it is necessary to terminate the cutting and removal rights under the contract in order to comply with the Endangered Species Act, protect species that have been discovered which were identified for protection through survey and manage and/or protection buffer standards and guidelines established in the ROD and RMP, or comply with a court order. Following the issuance of a written notice that cutting and removal rights will be terminated, the Purchaser will be permitted to remove timber cut under the contract, if allowed by the Endangered Species Act, survey and manage and/or protection buffer standards and guidelines established in the ROD and RMP, or court order requirements necessitating the modification or termination.

n) In the event cutting and removal rights are terminated under this subsection, the Purchaser agrees that the liability of the United States shall be limited to the actual costs incurred by the Purchaser which have not been amortized by timber removed from the contract area. This calculation of liability shall utilize actual Purchaser costs and Government estimates of timber volumes. At the Authorized Officer's request, the Purchaser agrees to provide documentation of the actual costs incurred in the performance of the contract. In addition, the Purchaser shall be released from the obligation to pay the contract price for any timber which is not authorized to be removed from the Contract Area.

o) The Purchaser specifically and expressly waives any right to claim damages, other than those described in the preceding paragraph, based on an alleged breach of any duty to the Purchaser, whether express or implied, in regard to the manner in which the Government defended the litigation which resulted in the court order affecting the operation of the contract. This waiver also extends to any claims based on effects on the operation of the contract that arise from litigation against another agency. Furthermore, the Purchaser specifically acknowledges and agrees that a court ruling that the Government violated the Administrative Procedures Act cannot be interpreted, in itself, to mean that the Government had not acted reasonably in regard to its duties to the Purchaser under this contract.

SECTION 4.4 FIRE PREVENTION AND CONTROL

Purchaser shall take such measures for prevention and suppression of fire on the contract area and other adjacent Government lands used or traversed by Purchaser in connection with operations as are required by applicable laws and regulations. However, when in the opinion of the Authorized Officer, weather and other conditions affecting fire incidence and control make special precautions necessary to protect the contract area and said Government lands, Purchaser shall take such additional or other fire prevention and control measures as may be required by the Authorized Officer. Disposal of slash shall be done in accordance with a plan approved by the Authorized Officer or as provided here.

a) All internal combustion engines as defined in Section 4442 of the Public Resources Code of California (as amended 1968), except those equipped with an exhaust-driven turbocharger, shall be fitted with properly mounted spark arresters of a type approved by the Authorized Officer.

b) The Authorized Officer may stop all or part of the logging operations of the Purchaser during especially hazardous fire weather. This stoppage may be made prior to the time that the State of California and/or the U.S. Forest Service might require stoppage of logging operations.

c) During periods of fire danger, smoking shall be permitted only in such portions of the landing as are free of flammable material. Before smoking, workers not working on the landing must clear to mineral soil not less than sixteen (16) inches square, must sit down to smoke in such a manner that any burning material will fall within the cleared area, and must extinguish and press out in the mineral soil all burning material before leaving the cleared area.

d) The Purchaser shall provide and maintain in good repair on the contract area, the following equipment for use during periods of fire danger:

i) One (1) tank truck or trailer of three hundred (300) gallons or more capacity with three hundred (300) feet of hose and a nozzle acceptable to the Authorized Officer, and a mounted or portable pump.

ii) Firefighting tools shall be kept at each landing or at such other place as the Authorized Officer shall designate whenever people are working on the contract area. All firefighting tools shall be kept in a sturdily constructed box which shall be painted red and lettered on the front or top in large letters "For Fire Only." The box shall have a hinged lid and a hasp by which the lid can be sealed. One (1) box may serve two landings, not over six hundred (600) feet apart. When filled, the box shall not weigh over two hundred (200) pounds. The fire tools shall be in good condition, be tight on strong handles, and have sharp cutting edges. There shall be not less than four (4) tools in each box nor less than one (1) tool for each man working on the contract area. Three-fourths (3/4) of all fire tools shall be shovels, hazel hoes, or other scraping tools. The fire tools shall be used only for fighting fire. Two (2) backpack pumps full of water and in good operating condition are to be kept at each active landing.

iii) A chemical fire extinguisher of at least eight (8) ounces minimum capacity of a type approved by the California State Forester and a size 0 or larger shovel shall be carried during the closed fire season or periods of fire danger by each falling crew and each bucker using a power saw on the contract area. Such fire extinguisher shall be filled and in effective operating condition and shall at all times be immediately available to the operator when the saw is being fueled, or the motor of the saw is running. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material. Power saws shall be moved at least twenty (20) feet from the place of fueling before the engine is started. Each power saw shall be equipped with an exhaust system and a spark arresting device which are of types approved by the California State Forester.

iv) Purchaser’s operations shall be responsible for monitoring Project Activity Levels (PAL) on a daily basis and adjusting operations accordingly. conform to the limitations or requirements of “Project Activity Levels” (PAL). “Activity Level” is the measure of fire weather conditions. PAL applicable to this sale shall be for PAL “Case Mountain.” The PAL is available by calling Central California Interagency Communication Center (559-782-3120) or checking the Indices web page listed on the CCICC website.

SECTION 4.4 PROTECTION OF SENSITIVE RESOURCES

1) Protection of Survey Monuments, Witness Corners, Reference Monuments, and Bearing Trees - Purchaser shall protect all survey monuments, witness corners, reference monuments, and bearing trees against destruction, obliteration, or damage during operations on the contract area. If any monuments, corners, or accessories are destroyed, obliterated, or damaged by such operations, Purchaser shall hire an appropriate county surveyor or registered land surveyor to reestablish or restore the monuments, corners, or accessories, at the same location, using surveying procedures in accordance with the Manual of Instructions for the Survey of the Public Lands of the United States, and shall record such survey in appropriate county records. The Authorized Officer may prescribe in writing additional requirements for protection of monuments, corners, and bearing trees.

2) Protection of Cultural Resources - If in connection with operations under this contract the Purchaser, Purchaser’s Purchasers, subPurchasers, or the employees of any of them, discovers, encounters, or becomes aware of any cultural or paleontological item or location on the contract area, such as historical or prehistoric ruins, sites, graves, grave markers, artifacts, fossils (including tracks or other trace fossils), the Purchaser shall immediately suspend all operations in the vicinity of the cultural or paleontological resource and shall immediately notify the Authorized Officer of the findings. Operations may resume at the discovery site upon receipt of written instructions and authorization by the Contracting Officer.

3) Protection of Special Resource Areas - In addition to riparian reserves, several special resource areas are flagged on the ground and will be provided to the Purchaser on a georeferenced map.

a) No timber is to be removed in these exclusion areas. Surrounding trees shall be directionally felled away from these exclusions. No roads, landings, or skids shall be constructed within the exclusion area.

b) For the flagged linear feature, designated crossings will be flagged by an Authorized Officer. Only these crossings will be used.

4) Watershed Protection: Water Quality, Erosion Control, and Soil Damage

a) Purchaser shall comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

b) Purchaser shall take every reasonable precaution not to pollute or obstruct any stream, lake, or reservoir on or near the contract area in connection with any operations under this contract. If Purchaser’s operations cause pollution or obstruction of any stream, lake, or reservoir on or near the contract area, Purchaser shall correct the condition to the satisfaction of the Authorized Officer.

c) Purchaser shall undertake every reasonable measure to minimize erosion and soil damage in connection with any operations under this contract, including but not limited to construction of water bars on yarding and spur roads as designated by the Authorized Officer. Purchaser shall immediately discontinue any construction, wood product harvesting, or hauling operations under this contract, upon receipt of written notice from the Contracting Officer that due to weather or soil moisture conditions, such operations will cause excessive damage to the soil. The Contracting Officer shall notify Purchaser, in writing, when such operations may be resumed.

d) The Purchaser shall clean road surfaces, cut banks, landings, ditch lines and culverts of all debris created by logging operations.

e) The Purchaser shall steam clean or pressure wash all logging and road building equipment, except logging trucks and crew transport, prior to initial move-in, to minimize the likelihood of introducing noxious weeds to the Contract Area. Equipment washing shall occur at a location approved by the Authorized Officer. Equipment will be visually inspected by the Authorized Officer prior to use. Any logging or road building equipment removed from the Contract Area during the duration of the contract must be steam cleaned or pressure washed before it is returned to the Contract Area. Cleaning shall be defined as removal of all dirt, grease, plant parts and material that may carry noxious weed seeds.

f) The Purchaser shall winterize all native surfaced roads renovated and used under terms of this contract.

i) Winterizing shall consist of ensuring proper drainage can occur via water-barring, in sloping, or out sloping, as required on Exhibit D, to the satisfaction of the Authorized Officer. Winterizing shall take place at the end of the operating season as directed by the Authorized Officer.

5) Refuse Control and Disposition of Waste Materials

a) Purchaser shall comply with all applicable State and Federal laws and regulations pertaining to refuse control and disposition of waste materials in connection with any operations under this contract.

b) Purchaser shall, to the satisfaction of the Authorized Officer, remove, or otherwise dispose of all garbage, temporary buildings, trash, litter, discarded equipment or parts, waste materials, or other refuse resulting from Purchaser’s operations. Areas for disposal of waste material shall be subject to approval of the Authorized Officer.

c) Waste materials, such as garbage, trash, oil, grease, chemicals, and similar substances shall be disposed of in a manner that will prevent their entry by drainage, high water, or other means into any river, watercourse, lake, or reservoir in or near Purchaser’s operations. Water used to wash down equipment used for petroleum products, industrial chemicals, cement, or other toxic materials shall be disposed of in a manner that will prevent their entry into any watercourse or waterway.

6) Storage and Handling of Hazardous Materials

a) Purchaser shall comply with all applicable State and Federal laws and regulations pertaining to storage, handling, use, and disposal of industrial chemicals, pesticides, herbicides, and other hazardous materials in connection with any operations under this contract.

b) All petroleum products, industrial chemicals, and similar toxic or volatile materials stored by Purchaser on or near the contract area, in connection with operations under this contract, shall be stored in durable containers and shall be stored in areas, as determined by the Authorized Officer, which are either located so that any accidental spillage will not drain into any watercourses, lakes, or reservoirs or, when such areas are not available, shall be stored in an area surrounded by impermeable containment dikes of sufficient capacity to contain the aggregate capacity of all tanks.

SECTION 5 ADDITIONAL DETAILS

1) Standard Definitions:

a) Physical Condition: The Physical appearance of Federal equipment or facilities that considers cracks, chips, dents, abrasions, rust, corrosion, general cleanliness, vibration, operating temperature, and discoloration and other items as identified by the COR. Physical condition may be determined by visual as well as diagnostic means.

b) Contracting Officer (CO): The Secretary of the Interior or designated authorized representative who is the only agent capable of signing a federal award or obligating funds.

c) Contracting Officer’s Representative (COR): The Contracting Officer’s designated representative as indicated in a delegation of authority letter.

d) Quality Assurance (QA): Surveillance of Contractor performance to determine performance requirements are met.

e) Quality Control: Those actions taken by the Contractor to control the production of goods or services so that they meet the requirements of the performance work statement.

2) Technical Definitions:

a) Additional Timber: Any sawlog size tree that is designated and agreed to by the Contracting Officer or their representative (COR) after contract award.

b) Bole: The trunk of main stem of a tree.

c) Biomass: Any portion of tree, designated for cutting, which does not meet utilization standards for sawlog set forth in this contract. The anticipated product of this material is firewood, wood chip for fuel, or mulch. This material includes non-sawlog quality products.

d) Chip: The chipping of undesirable vegetation. Slash created during chipping shall not exceed 1 inch diameter and 3 inch in length.

e) Conifer: Cone-bearing trees that are evergreen. Conifers in this project include White fir (Abies concolor), Incense cedar (Calocedrus decurrens), Sugar pine (Pinus lambertiana), Ponderosa pine (Pinus ponderosa), and Giant Sequoia (Sequoiadendron giganteum).

f) CFR: Code of Federal Regulation

g) Cut-tree: A tree that has been designated by BLM for felling and may be marked with blue paint.

h) DBH: Diameter at breast height; the diameter of a tree measured at a point 4.5 feet above the ground on the uphill side of the tree

i) Drainage: Road or trail erosion mitigation in the form of ditches, water bars, and culverts.

j) Exclusion Areas: Areas delineated on georeferenced map and marked by flagging for the purpose of protecting sensitive resources. Work shall not be conducted in exclusion areas.

k) Leave tree: A tree within a unit boundary that has not been marked for removal with blue paint.

l) Slash: Vegetative debris generated by Contractor’s Operation (i.e., limbs and tops)

m) Snag: Any dead standing tree

7) Simultaneous Use of Contract Area by Others - The simultaneous use of the contract area by others may be authorized by the Government through issuance of permits, leases, or contracts, provided that the Contracting Officer first determines that such use of the contract area will not seriously interfere with the operations of the Purchaser.

8) Violations, Suspension, and Cancellation

a) If Purchaser violates any provision of this contract, the Contracting Officer may, by written notice, suspend any further operations of Purchaser under this contract, except such operations as may be necessary to remedy the violation. If Purchaser fails to remedy the violation within thirty (30) days after receipt of a suspension notice, the Contracting Officer may, by written notice, cancel the rights of the Purchaser under this contract and take appropriate action to recover all damages suffered by the District or BLM by reason of such violation, including application toward payment of such damages of any advance payments and any performance bonds or, where applicable, any payment bonds; Provided, however, that if the violation involves nonpayment of amounts due for wood products cut and/or removed under a payment bond of a corporate surety, the Contracting Officer must, in addition to the above requirements, allow sixty (60) days after making demand upon surety for any payment due before canceling the rights of Purchaser.

b) If Purchaser cuts or removes any wood products sold under this contract during any period of suspension, such cutting or removal shall be considered a willful trespass and render Purchaser liable for damages under applicable law. For purposes of determining damages under this section, the value of the trespass wood products shall be based upon the fair market value of the particular wood products cut or removed at the time of trespass. Any payment made for purchase price of wood products cut or removed in trespass shall be deducted to the extent of single damages or the value of wood products under this contract, whichever is lesser, from the amount due because of trespass.

c) In the event wood products are entirely removed or the time for cutting and removal has passed, the suspension notice that would otherwise be required in this section need not be issued prior to the notice of cancellation.

9) If Purchaser shows that delay in cutting and removal was due to causes beyond their control and without their fault or negligence, the Contracting Officer may grant an extension of time, not to exceed one (1) year, upon written request of Purchaser. Any such extension shall provide the Purchaser with an equal amount of operating time as would have been available without the delay. Such written request shall be filed with the Contracting Officer prior to the expiration of the original time for cutting and removal.

10) Records and Reports

d) Upon request of the Authorized Officer, Purchaser shall furnish the following records and reports:

(1) volume or quantity of wood products cut and removed from the contract area; (2) road costs including road use fees paid in connection with removing wood product from the contract area

e) The Purchaser will further be responsible for submitting Monthly Progress Reports to the Government by the 10th of the month, including, but not limited to, a description of the work completed.

11) Time for Removal of Personal Property - Purchaser shall have the right within (2) month(s) after expiration of time for cutting and removal to remove Purchaser’s equipment, improvements, or other personal property from Government lands or rights-of-way; Provided, however, that any improvements such as road surfacing, culverts, and bridges which have become a permanent part of a Government road, shall not be removed. The Contracting Officer may, in said official’s discretion, grant an extension of time, not to exceed three (3) months for removal of personal property. Any improvements remaining on Government lands and rights-of- way at the end of the period for removal, or any extension, shall become the property of Government. Any equipment or other personal property remaining on Government lands and rights-of-way at the end of this period may be removed at the expense of Purchaser and disposed of in accordance with applicable law.

SECTION 6 TECHNICAL EXHIBITS