ExemptionArea_SOW.doc

STATEMENT OF WORK (SOW)

Exemption Area Noxious Weed Control Description: The Bureau of Land Management (BLM) has a requirement for noxious weed treatment on approximately 171.5 acres of BLM land within specific area in Lawrence County, South Dakota. The spray area is listed below.

1. Contract Units 1-8 (171.5 acres) Spruce Gulch- Lawrence County, SD Contract Units 1-8: This unit is outlined with all BLM surface shaded in yellow, and red outline on the map. Invasive species of concern is primarily St. Johnswort, however other noxious weeds known to exist in the area are Common Tansy, Leafy Spurge, Canada thistle, Spotted Knapweed, Absinth Wormwood and Common Mullein. All units identified for treatments have had periodic noxious weed treatments between 2020-2024.

PERIOD OF PERFORMANCE: Exemption Area: (Herbicide Treatments)> Work will be performed from approximately June 25, 2025 through August 11, 2025. (Application Records/Maps) > All application records and maps will be provided to the BLM-COR no later than August 11, 2025. Please see “Treatment” Portion of this SOW below for migratory bird regulation requirements.

The Contractor Shall:

· Include a General Work Plan that contains the following:

· Schedule for completing work

· General description of operating procedures

· Methods to ensure thorough coverage of the contract area

· Methods of application, i.e. type of equipment to be used in various situations

· Methods to ensure effective application of herbicide to large, old plants

· Comply with Federal and South Dakota state pesticide laws.

· Be a licensed applicator for both general and restricted use pesticides and apply according to label specifications (Label Specifications are on the back of herbicide containers) and BLM guidelines within the H-9011-1 Handbook (https://www.ntc.blm.gov/krc/uploads/1122/H-9011-1%20-%20Chemical%20Pest%20Control%20Handbook.doc).

· Provide copies of pesticide application records for each application site, recording the date of application, start time, finish time, amount of herbicide, surfactant, and dye applied, application rate, type of equipment used, weather, location, pest treated, and acres treated on public land, and these will be submitted to BLM COR (Cory Neuharth). All application records and maps WILL BE provided on the last day of the final contract date.

· Herbicides can be applied by ATV/UTV mounted sprayer, vehicle mounted pump w/hose reel, UAS, or by backpack sprayers calibrated not to exceed label rates. Pickup vehicle types must stay on designated roads.

· The Contractor is responsible for ensuring compliance with all applicable federal, state, and local regulations during the performance of end-product contracts. The Department of the Interior and/or Bureau of Land Management will not exercise operational control of the aircraft in any capacity. Using designated Unmanned Aerial Systems (UAS) is strictly prohibited when fulfilling the contract.

· Department and/or Bureau contracts, grants, and cooperative agreements that rely on UAS to achieve approved objectives will not allocate funds for designated UAS. Furthermore, no designated UAS will be operated on Department/Bureau-managed lands by any parties conducting operations under a Department/Bureau contract, grant, or cooperative agreement. The Department/Bureau has determined that a "designated UAS" is any UAS manufactured in China by a Chinese company or containing Chinese componentry.

· Additionally, the Contractor is responsible for identifying and mitigating any ground or aerial hazards that may pose a danger to personnel or operating equipment before commencing operations.

· During hours of operation, contractor will place signs at entrances of BLM indicating to public land users that spray crews are working.

· Adhere to the Standard Operating Procedures identified in Appendix 1 of this Statement of Work. Ensure that all personnel handling pesticides have read the appropriate MATERIAL SAFETY DATA SHEET (MSDS).

· GPS areas of noxious weeds infestations within the specific sections listed (see maps). All areas must be mapped using GPS units and that information (metadata included) will be submitted, along with the Pesticide Application Records to the BLM COR (Cory Neuharth). Maps will show and indicate areas of infestation density canopy cover noted by color changes on the map. Using a level of High (100-70%) Medium (69-40%) Low (39%-0%)

· Provide a report describing your work with photos of treated sites. Inventory for new patches of noxious weeds on a continuous basis when in the project area. A minimum control of 90% is required on weed treatments. Performance standards are dead noxious weeds, standing noxious weeds with no developing (or developed fertile) flower/seed heads, and dead rosettes (rosettes present pre-treatment). The BLM will conduct compliance inspections of contractor treated sites.

· Provide the equipment and trained personnel to treat noxious weed infestations on public land as identified and described.

· Provide supervision to ensure the project is completed safely and herbicides are applied according to label specifications and BLM guidelines.

· Only use herbicides/adjuvants approved by the BLM (See Attachments 3 and 4).

· Any weed infestations found outside the polygon area must be pre-approved for treatment by the Contracting Officer, and please contact the COR (Cory Neuharth) for approval to treat. Any additional weed treatment outside the acres defined in this requirement must be pre-approved by the Contracting Officer.

· A pre-work conference will be scheduled upon award of contract. Contractor will be notified of conference date.

· Any equipment, vehicles or supplies staged on the project area site during non-work days, is left to the responsibility of the contractor. The BLM is not liable for any damage or theft that occurs during the contract period.

BLM shall provide:

· A list of BLM approved herbicides/adjuvants that can be applied on BLM lands.

· Maps of specific project areas.

· List of noxious weeds to be treated on public lands.

· Event of Interest: The Days of 76 Rodeo and Parade (July 20-26, 2025) is an annual festivity that takes place every year. Awarded contractor needs to be aware of increased traffic and parking concerns during this time.

Data and Map Standards

The purpose of this document is to address contract data collection standards, GPS accuracy and precision requirements, and data processing for GPS data collection and to make recommendations for standards in recording of positional data.

Data and Map Standards

The FGDC specifies that the Geospatial Positioning Accuracy Standards be used to evaluate and report the positional accuracy of geospatial data produced, revised, or disseminated by or for the Federal Government. “Executive Order 12906 Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure” designates the FGDC as responsible for setting these standards. (Appendix 2)

The NSSDA was designed to replace the National Map Accuracy Standard (NMAS) developed by the Bureau of the Budget in 1947. The applicability of NMAS is limited to graphic maps, as accuracy is defined by map scale. The NSSDA was developed to report accuracy of digital geospatial data that is not constrained by scale. The USGS used NMAS in the production of the topographic map series.

Characteristics of The National Map Accuracy Standard are:

• Horizontal Accuracy is 1-5 meters (3-15 ft.)

• Vertical Accuracy is 1-5 meters (3-15 ft.)

GPS feature types to be collected:

Point values – 0.10 acres. Each GPS point collected represents 1/10th acre

Line values – 20 ft. buffer. Each line value represents line length (ft.) x 20 ft. wide.

Polygon values – represents actual sprayed area contiguous but allows for aggregation of non-sprayed areas within the polygon.

Note: If collected line values, i.e. drainages, transportation corridors, goes beyond the allotted buffered distance, polygon collection must begin.

Projection and Coordinate System

All digital geospatial data should reference the coordinate system appropriate for its use and it should be documented in the metadata. All spatial data collected or submitted for national, regional, or network BLM programs shall be geo-referenced and provided in a standard projection. Digital geospatial data should be referenced to the following coordinate system—WGS 1984, decimal degrees. The steps used to get the data into the proper projection or exported from the GPS unit must be documented in the metadata. The contractor must specify and document any deviation from these projection standards.

GIS/GPS Contract Deliverables:

1) Data collected by GPS, digitized by tablet or hands on, or scale - scanned must be:

ESRI shape file, geo-database feature class export

Datum: D_North_American_1983 or WGS 1984

Have a defined projection

2) Digital data will be delivered by USB thumb drive or emailed to COR 3) Metadata will be attached as text or XML, to follow FGDC metadata standards as defined in link: https://www.fgdc.gov/metadata/csdgm-standard. Metadata should be clear and concise only describing details about the data as defined by the FGDC standards. All seven steps described in the above link are mandatory and should be completed prior to submission.

APPENDIX 1

STANDARD OPERATING PROCEDURES AND HERBICIDE APPLICATION

SAFETY, EQUIPMENT & APPLICATION

· The safety of the public will be a primary consideration when conducting treatments.

· Contractor will provide sufficient clean water to assure the opportunity for workers to wash off any chemicals splashed inadvertently onto skin or in the eyes.

· All personnel involved in pesticide application must be trained and licensed. Protective clothing and equipment, as specified on EPA‑approved labels and the BLM H‑9011‑1 Handbook (i.e., coveralls, unlined rubber gloves and boots, safety glasses, hard hat, respirator, as appropriate) will be worn by workers directly involved in herbicide applications and by employees using hazardous tools/equipment. The applicator must have and maintain a South Dakota Pesticide license or equal reciprocity. All personnel handling pesticides will read the Material Safety Data Sheet and the label for each product prior to handling or applying the pesticide.

· While mixing and loading, the individuals will wear appropriate protective gear as specified on the chemical label (examples‑‑‑ full length apron, face shield, unlined rubber gloves, liquid repellant footwear).

· Spray pressures for handheld spray gun and/or boom will meet label and nozzle tip requirements. All equipment shall be properly calibrated before applications are made and to prevent gross errors in the field while mixing. Regular testing on field calibration and calculation will take place (once a month during use or more often if used frequently.)

· Ground vehicle equipment will normally operate with a boom pressure of 20 to 35 pounds per square inch, unless the product label specifies a different pressure. Backpack and/or hand sprayer application of liquid herbicide will occur with low nozzle pressure (25 lbs psi) and within 2.5 feet of the target plant.

· Closely follow all application instructions and use restrictions on herbicide labels; in wetlands and riparian habitats use only those herbicides that are approved for use in those areas and if herbicide use is not approved for riparian habitats, apply appropriate buffers around riparian habitats as instructed on herbicide labels.

· Herbicides will be mixed and loaded in an area where an accidental spill cannot flow into a stream or water body or contaminate groundwater. No mixing is allowed in riparian areas. Applicators are required to have an emergency spill kit to mitigate small spills. Spills of any size will be reported to the BLM SDFO.

· Low volatile formulations of phenoxy herbicides will be used to reduce the potential for off‑site contamination.

· If conducting manual spot applications of glyphosate, hexazinone, or triclopyr to vegetation in wetland or riparian areas, utilize the typical, rather than the maximum application rate.

· Where vehicle and hand applications of herbicides are used, the wind velocity should be between 2- 8 mph or less, except in riparian areas where the wind speed must be 5 mph or less unless the label states differently. Do not spray if wind speeds exceed 15mph. Do not spray when wind is less than 1 mph and no spraying when heat index is greater than 90 degrees Fahrenheit.

· Do not spray during rainy or foggy weather, or when there is an imminent threat of rain.

· Equipment shall be cleaned only in specifically designated areas away from waterways and reservoirs, wells and stock tanks. All containers shall be triple rinsed and rinse-ate used in the spray tank. Containers will be disposed of at a state collection site for recycling, an approved landfill or other specifically designated areas according to State, Federal, and County laws.

· The licensed applicator will provide copies of pesticide application records for each application site, recording the date of application, start time, finish time, amount of herbicide, surfactant, and dye applied, application rate, type of equipment used, weather, location, pest treated, and acres treated. Records will be completed within 24 hours of application and submitted biweekly or upon request of the BLM. This record will be maintained in the BLM project file.

TREATMENT

Treatments will be conducted in accordance with applicable Federal, State and local government regulations, including the Sikes Act (16 U.S.C. 670 eL seq.), as amended, the Federal Land Policy and Management Act (http://www.blm.gov/flpma/), the Federal Noxious Weed Control Act (https://www.govinfo.gov/app/details/STATUTE-88/STATUTE-88-Pg2148) as amended in Section 15 of Public Law 93‑629. These laws and policy provide direction for BLM to coordinate with appropriate State and County entities and those related weed control agencies and to operate in harmony with State and County weed control laws (SDCL 38-20A / SDCL 38-21 / ARSD 12:56).

· Hand pulling and using hand tools to remove noxious weeds may be used when no other means are available to control or eradicate the targeted noxious weed. This method may be effective on new infestations. Gloves and protective clothing will be worn.

· Ordinarily, several considerations govern the choice of treatment method. The choice first depends upon the species of noxious weed. Treatment objective, topography of the treatment area, expected costs, and equipment limitations are implied considerations. Another consideration is the selectivity of the herbicides.

· Commercial products for noxious weed treatment will only be used if the noxious weeds are susceptible to the herbicide, i.e., that is with one treatment the herbicide will retard 90 percent of current years’ growth of the target noxious weed. In large dense stands, 90 percent control may not be realistic the first year.

· Effort should be made to reduce adverse effects of spraying on several non-target woody plant species (Aspen, Birch, Bur oak, green ash, American elm, chokecherry, Juneberry, wild plum, Ponderosa Pine). These species are important for wildlife habitat, soil stability and visual resources.

· Effort should be made to reduce adverse effects of spraying milk weed species (Asclepias spp.)

· No herbicide spraying within 150 feet of caves or open mine adits unless the prevailing winds would direct overspray away from the entrances of caves or mines.

· Vehicles and equipment used for treatment in this project area will be cleaned (power washed) to remove all possible other noxious weed seeds or viable plant parts prior to starting or entering designated project area.

· Access to the unit(s) Spruce Gulch: can be made by going through the Days of 76 Rodeo Grounds and Sampson St (Deadwood, SD). A small section of ROW access is granted to enter onto the BLM project area. Most all of the access to, and through the units are on BLM administered roads/trails.

· IMPORTANT MIGRATORY BIRD REGULATION/REQUIREMENTS: If a ground nesting bird is “flushed” and a nest is observed with eggs or hatchlings then a small, 15-foot buffer area will be observed. If a spot treatment is taking place and the treatment can be accomplished within 10 minutes, then there will not be a need for the area to be marked and revisited. If complete treatment cannot be accomplished within that 10 minutes in an area where a nest has eggs or hatchlings, then the area will need to be GPS marked and revisited for treatment before the August 1st contract deadline.

· MD-3: One quarter mile herbicide weed treatment restriction zone around current year active raptor nesting site (including bald eagles) from March 1-August 1. Exceptions may be allowed to address aggressively spreading weeds or invasive plants (BHIPP Class A weeds) that require treatment during this period following consultation with necessary specialists for timing of least impacts on raptors.

· If any “stick built” type of nests is noticed within any of the Priority treatments areas, the contractor is required to contact the South Dakota Field

Office.

ATTACHEMENTS:

1. Project Map

2. Vicinity Map

3. Approved BLM Herbicides

4. Approved BLM Adjuvants

5. BHIPP Invasive Plant Management List