USDA Forest Service - Trinity County Resource Conservation District

Forest Service SPA #: 09-CS-11051400-032 Forest Service Master Agreement # 09-PA-11051400-033

TCRCD Project #:

MASTER

STEWARDSHIP AGREEMENT

Between the TRINITY COUNTY RESOURCE CONSERVATION DISTRICT

And UNITED STATES DEPARTMENT OF AGRICULTURE

FOREST SERVICE SHASTA-TRINITY NATIONAL FOREST

This Master Stewardship Agreement is hereby made and entered into by and between the Trinity County Resource Conservation District, hereinafter referred to as TCRCD, and the USDA Forest Service, Shasta-Trinity National Forest, hereinafter referred to as the Forest Service, under the provisions of the Interior and Related Agencies Appropriation Act, of 1992, Public Law 102-154; the Cooperative Funds and Deposits Act of December 12, 1975, Pub. L. 94-148, 16 U.S.C. 565 a1–a3, as amended by P.L. 110-161, Consolidated Appropriations Act 2008; the Wyden Amendment, Section 323(a) of the Department of Interior and Related Agencies Appropriations Act, 1999 as included in P.L. 105-277, Div. A., Section 101 (e) as amended by P.L. 107-63, Sec. 330; and the Consolidated Appropriations Resolution, 2003, Public Law 108-7, sec 323, amending Public Law 105-277, sec. 347. (Stewardship Authority). The forest area covered by this Master Stewardship Agreement is the Weaverville Community Forest (Exhibit A). Background: In 2003, the Forest Service received authority to enter into stewardship projects under the omnibus appropriations bill. Section 323 of that bill states that the Forest Service may enter into stewardship projects designed “to achieve land management goals for the national forests that meet local and rural community needs.” The primary focus of this legislation is to achieve land management goals through stewardship projects awarded under unique stewardship contracts or agreements. Unique to the legislation is the ability to exchange goods for services that meet the land management objectives and to award these stewardship contract and agreement instruments under best value to the Government. The TCRCD and Forest Service have identified the Weaverville Community Forest area of the Shasta-Trinity National Forest (Stewardship Agreement Area) as an important landscape for protection and enhancement of natural resources in the vicinity of the Weaverville community. The Weaverville Community Forest is immediately adjacent to the town of Weaverville: the community is actively interested in land area improvements involving forest health and providing an avenue of employment to the local workforce. The TCRCD and Forest Service have engaged in a number of natural resource management activities over the past 25 years. The TCRCD and the Forest Service, under this agreement, may propose, select and implement stewardship projects ensuring that the work accomplished meets the missions of both the Forest Service and the TCRCD. The Stewardship Agreement Area includes approximately 11,850 acres of the Trinity River Management Unit, Shasta-Trinity National Forest (Exhibit A -- referenced as Proposed USFS Expansion). Annually the TCRCD and the Forest Service will mutually develop an Annual Operating Plan (AOP) that describes the project(s) (treatment location, type, and acreage and methods and financial information pertaining to the AOP, etc.) to be accomplished during the upcoming year. The end result of each AOP is a financial plan and operating plan (as shown in Exhibit B) that have been reviewed and approved by a Forest Service Grants & Agreement Specialist and mutually agreed to, in writing, by both parties. The plan will outline with specific terms and conditions, including applicable funding, the project statement of work,

of 85


TCRCD Project #:

and other unique stewardship requirements. I. PURPOSE: The purpose of this Master Stewardship Agreement is to document the cooperative effort between the parties to enhance, improve, restore and sustain the Weaverville Community Forest through a strong partnership with the local community. This agreement is made and entered into between TCRCD and the Forest Service for the purpose of sharing resources to develop a multi-year stewardship plan for the restoration and management of the Weaverville Community Forest. This agreement has the potential to promote activities that mitigate climate change and support energy independence. This long term agreement will facilitate a scope of work that includes forest health prescriptions for fire hazard reduction (including commercial forest products with revenues used for future, on-site stewardship practices), watershed protection, fish & wildlife habitat improvement, sediment reduction, protection of cultural resources, recreation and noxious weed management and may include related work projects. Activities concieved through this agreement will emphasize fuels reduction and promote fire safe communities consistent with the intent of the Healthy Forest Initiative, 2002, and Healthy Forest Restoration Act, 2003, and National Fire Plan. Weaverville is listed in the Federal Register as a community at high risk from wildfire (Federal Register, April 17, 2007). This agreement incorporates the Exhibits identified below:

Attachment A Map of Stewardship Agreement Area Attachment B Definitions Attachment C Annual Operating Plan Attachment D Template for Stewardship Challenge Cost Share

Supplemental Project Agreement (CSSPA) Attachment E Template for Stewardship Participating

Supplemental Project Agreement (PASPA) II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The Forest Service is a federal land management agency dedicated to the wise use and management of National Forest System (NFS) lands, including the responsibility for allowing use and protection of forest resources, meeting the needs of guiding legislation, and addressing local, regional, and national issues. Approximately 1.4 million acres of land in Trinity County are contained within the boarders of the Shasta-Trinity NF.

TCRCD is a local, county-wide special district established under state law encompassing 2.1 million acres in rural Northern California, and receives funding from local, state, federal agencies and non-governmental organizations. The Board of Directors is guided by landowners and the community in their decisions and actions. Employees of the District carry out the day to day operations, guided by priorities and policies set by the Board. The purpose of the District is the same as for the 3,000 conservation districts across the nation. Districts focus attention on land, water and related resource problems on public and private lands, develop programs to solve them, and enlist and coordinate help from all public and private sources that can contribute to accomplishing the district's goals. In addition, districts work to further conservation education in the community, coordinating educational programs and serving as a community clearing house for information and services.

of 85

http://www.tcrcd.net/director.htm

http://www.tcrcd.net/staff.htm


TCRCD Project #:

The Shasta-Trinity National Forest has entered into a Cost Share Agreement with TCRCD to facilitate public meetings and develop a community vision for the Weaverville Community Forest (with funds provided by Trinity County through Title III). The Agreement was signed in April of 2007. The Shasta-Trinity was selected as one of three National Forests to provide a responsive business plan to allow collaborative resource management needs to drive the program of work under a “New Business Model”. The New Business Model Charter was signed in May, 2007, by the Regional Forester and Shasta-Trinity Forest Supervisor. The Weaverville Community Forest Stewardship proposal would adopt the New Business Model objectives of collaborative resource management. This Master Stewardship Agreement will provide an opportunity for the parties to seek additional funding to expand partnership opportunities, and to garner new and additional support from partners, including but not limited to the timber industry, federal and non-federal entities, and TCRCD members and volunteers. Mission accomplishment for both parties will be furthered by improving and creating healthy forests on a landscape scale. All projects conceived under this Master Stewardship Agreement will be developed through a collaborative process to determine specific land and resource improvements. The process will ensure that the benefits of undertaking specific projects are mutually beneficial to TCRCD and the Forest Service as well as being beneficial to a wide diversity of interests. Both parties share an interest in providing opportunities for multi-use, community driven forest management that creates and retains living wage jobs in an otherwise economically challenged rural community. It is therefore mutually beneficial for the parties to work together to implement restoration and habitat enhancement projects within the context of a landscape approach that will benefit the local community and improve forest health on National Forest System lands. In consideration of the above premises, the parties agree as follows: III. TCRCD SHALL:

A. Develop an Annual Operating Plan (AOP) in collaboration with the USFS and the general public. B. In its discretion, explore opportunities for additional support from other parties for projects

associated with this Master Stewardship Agreement.

C. Perform in accordance with the Supplemental Project Agreements (SPAs) to accomplish on the ground projects by using TCRCD personnel or contractors using best value contracting procedures.

D. Facilitate project monitoring (implementation, effectiveness) that involves stakeholders, local

community and Forest Service. Environmental monitoring should occur within the framework of the Shasta-Trinity National Forest Land and Resource Management Plan (S-T LRMP) with the objective of fostering adaptive management solutions to resource problems. Specific annual monitoring commitments will be described in the AOP.

of 85


TCRCD Project #:

E. Implement activities identified in the AOP as incorportated in SPAs in accordance with the S-T LRMP, applicable environmental documents and decisions, and laws and regulations applicable to NFS lands (FSM 2401).

F. Establish a separate fund account for the stewardship projects performed under this Master

Stewardship Agreement.

G. Provide an annual accomplishment report to the Forest Service Regional Forester by January 31st of each year that covers all projects identified in the AOP referenced by this Master Stewardship Agreement.

H. Agree that any TCRCD employees, contractors and volunteers that are directly involved in

implementing TCRCD’s obligations under this agreement shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as TCRCD has hereby willingly agreed to assume these responsibilities.

I. Provide any necessary training to TCRCD employees and volunteers (associated with this

agreement and any Stewardship Project Supplements) and ensure that such personnel are capable of performing tasks to be completed. TCRCD shall also supervise and direct the work of TCRCD volunteers performing under this Master Stewardship Agreement.

J. Provide information to the public regarding the Weaverville Community Forest partnership

activities and projects between the TCRCD and Forest Service.

K. Recognize the Forest Service’s contribution in a manner acceptable to both parties in news releases, interpretive signs, photographs, or other media as appropriate.

L. NONDISCRIMINATION. Comply with all Federal statutes relating to nondiscrimination and all

applicable requirements of all other Federal laws, Executive orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in TCRCD’s primary and secondary offices, at the public service delivery contact point and included, in full, on all materials regarding TCRCD’s programs that are produced for public information, public education, or public distribution:

"In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer."

of 85


TCRCD Project #:

If the material is too small to permit the full statement to be included, the material will at minimum include the statement, in print size no smaller than the text that "This institution is an equal opportunity provider."

M. TAXPAYER IDENTIFICATION NUMBER. Furnish their tax identification number upon execution of this Master Stewardship Agreement.

N. DUNS NUMBER. Furnish their DUNS number upon execution of this Master Stewardship

Agreement. You may obtain a DUNS number by contacting Dun and Bradstreet at 800-234-3867 or 866-794-1580. A DUNS number will be provided immediately by telephone at no charge.

O. ELECTRONIC FUNDS TRANSFER (EFT). Designate a financial institution or an authorized

payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by check by certifying in writing that one of the following situations apply:

1. The payment recipient does not have an account at a financial institution. 2. EFT creates a financial hardship because direct deposit will cost the payment recipient more

than receiving a check. 3. The payment recipient has a physical or mental disability, or a geographic, language, or

literacy barrier.

In order to receive EFT payments the recipient/TCRCD shall register in the Central Contractor Registry (CCR). You may register by going to www.ccr.gov and following the instructions provided on line. For assistance, contact the CCR Assistance Center at 888-227-2423 or 269-961-4725.

P. LEGAL AUTHORITY. Have the legal authority to enter into this Master Stewardship Agreement,

and the institutional, managerial and financial capability (including funds sufficient to pay nonfederal share of project costs) to ensure proper planning, management, and completion of the project.

IV. FOREST SERVICE SHALL:

A. Collaborate with TCRCD to develop the AOPs/SPAs. B. Submit all Technical Project Proposals in which retained receipts from Stewardship Area will be

applied to the Regional Forester or authorized designee for review and approval. C. Perform in accordance with the SPAs. D. Complete all necessary National Environmental Policy Act (NEPA) requirements. E. Inform TCRCD of any changes in stewardship policy, law and regulations. F. Review all required reports submitted by TCRCD.

of 85

http://www.ccr.gov/


TCRCD Project #:

G. Retain the rights to determine the best manner in which to dispose of any included forest products

or obtain stewardship project services pertinent to the activities determined by the Forest Service in the AOP. This may include the use of competitive offers on appropriate integrated resource contracts and/or service contracts as advertised and administered by the Forest Service. Disposal of some or all forest products and/or the awarding of stewardship project services to the TCRCD related to activities identified in the AOP may be permitted using “Best Value” practices and upon mutual agreement by both parties.

H. Make available retained receipts to further the mutually agreed upon activities that are identified in

the AOP, as funds are made available as part of the Forest Service contribution of this agreement. I. Retain the authority to administer timber sale contracts, agreement oversight, and regulatory

compliance monitoring. J. Provide an accounting of the retained receipts using the Annual Review of Retained Receipts

Report for the Weaverville Community Forest Stewardship Fund to TCRCD by December 31st of each year.

K. Explore opportunities for additional support for projects associated with this Master Stewardship

Agreement. L. Recognize TCRCD’s contribution in a manner acceptable to both parties in news releases,

interpretive signs, photographs, or other media as appropriate. M. Regional Forester shall authorize in writing the Forest Timber Contracting Officer to administer

all SPA’s under this Master Agreement that include commercial timber removal. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT:

A. ANNUAL OPERATING PLAN (AOP): The Parties, in collaboration with the community, shall develop an AOP utilizing the format outlined in Attachment D. The objective of the AOP is to define the annual scope of work and associated parameters. If the plan includes projects to be implemented under cooperative agreements such as those utilizing a TCRCD non-cash or in-kind contribution, those projects will be executed under SPAs to this Master Stewardship Agreement utilizing the format outlined below (See Attachments D and E).

B. Typically, a SPA will:

1. Include language stating that the SPA will be added to this Master Stewardship Agreement thereby subjecting it to the terms of this Master Stewardship Agreement.

2. Include a map and description of the project area, treatment activities and corresponding treated acres, and other activities which may include other resource-related projects.

3. If necessary, specify a method of designating trees for removal. 4. Describe the end results of the project(s). 5. Specify the exchange of goods for services. The Forest Service may apply the value of

of 85


TCRCD Project #:

timber or other forest products removed as an offset against the cost of services received by TCRCD.

6. Designate a Forest Service and TCRCD official to monitor their respective responsibilities outlined in the SPA.

7. Include a Financial Plan to identify each party’s contributions for projects identified in the SPA.

8. Determine appropriate bonding requirements. 9. Include necessary forest restrictions and closure dates to implement and complete the

project(s) within the specified timeframes. 10. Provide necessary direction to TCRCD to ensure compliance with appropriate laws and

regulations to fulfill the terms of the SPA. 11. Identify any reporting requirements. 12. Be reviewed and approved by a Forest Service Grants & Agreements Specialist. 13. As appropriate, be reviewed and approved by the delegated Timber Sale Contracting

Officer with timber disposal authority. 14. Be mutually agreed to in writing, by both parties and executed by the designated Forest

Supervisor.

C. SPA(s) may be completed where Forest Service goods are exchanged for TCRCD services; Forest Service funds are exchanged for TCRCD services, a combination thereof, or where no funds are exchanged by either party.

D. All SPA(s) considered under this Master Stewardship Agreement will be considered on a best

value basis. E. BEST VALUE DETERMINATION FOR AGREEMENTS. (Include in the official SPA file

documentation on how the best value was determined.) Best value determinations shall be adjusted to reflect the purposes of the Master Stewardship Agreement. Best value determination shall be made prior to the completion of the SPA. Best value considerations will be made on the following:

A. The extent of mutual interest and benefit, including public education and interpretation opportunities.

B. The advantages and effectiveness of mutual participation. C. Joint expertise. D. Factors relevant to cost such as volunteer participation, contribution from other

parties, cost sharing, etc. E. Ability to utilize a local workforce. F. Ability to complete work in a timely manner. G. Experience in performing similar work. H. Ability to conduct work in an environmentally sound manner.

F. LONG-TERM PLANNING. The Parties shall communicate and collaborate on issues and

activities regarding long-term planning and project implementation for public protection and natural resource improvement. The activities to be undertaken under this agreement will foster community involvement and benefit in management of federal lands adjacent to rural communities. Long-term includes identifying desired end results of a project or projects, identifying alternative means of accomplishing work, and assessing current market and industry capacities.

of 85


TCRCD Project #:

G. ACKNOWLEDGEMENT IN PUBLICATIONS AND AUDIOVISUALS. Each party’s support

shall be acknowledged in publications and audiovisuals developed as a result of this instrument.

H. COLLECTION OF AMOUNTS DUE. Pursuant to 31 U.S.C. 3716 and 7 CFR Part 3, Subpart B, any funds paid to TCRCD in excess of the amount to which TCRCD is finally determined to be entitled under the terms and conditions of the award constitute a debt to the Federal Government. If not paid within a reasonable period after the demand for payment, the Federal awarding agency may reduce the debt by: 1. Making an administrative offset against other requests for reimbursements. 2. Withholding advance payments otherwise due to the recipient. 3. Taking other action permitted by statute.

Except as otherwise provided by law, the Federal awarding agency shall charge interest on an overdue debt in accordance with 4 CFR, Chapter II “Federal Claims Collection Standards” and 31 U.S.C., Chapter 37.

I. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this Master Stewardship Agreement is not available for reimbursement of TCRCD’s purchase of equipment.

J. RIGHT TO TRANSFER EQUIPMENT AND SUPPLIES. Equipment and supplies approved for purchase under this instrument are available only for use as authorized. The Forest Service reserves the right to transfer title to the Federal government of equipment and supplies, valued over $5,000 per unit, purchased by the TCRCD using any Federal funding. Upon expiration of this instrument the TCRCD shall forward an equipment and supply inventory to the Forest Service, listing all equipment purchased throughout the life of the project and unused supplies. Disposition instructions will be issued by the Forest Service within 120 calendar days.

K. MODIFICATION. Modifications within the scope of this Master Stewardship Agreement and/or AOPs/SPAs shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. Neither the Forest Service nor TCRCD is obligated to fund any changes not properly approved in advance.

L. RETENTION/ACCESS REQUIREMENTS FOR RECORDS. The Forest Service, TCRCD, Inspector General, or Comptroller General, through any authorized representative, shall have access to and the right to examine all records related to this Master Stewardship Agreement. As used in this provision, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. All records pertinent to this Master Stewardship Agreement shall be retained for a period of three years.

M. FREEDOM OF INFORMATION ACT (FOIA) Any information furnished to the Forest Service under this Master Stewardship Agreement is subject to the Freedom of Information Act (5 U.S.C. 552).

N. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction of either of the parties, shall thereupon become property of the United States, and shall

of 85


TCRCD Project #:

be subject to the same regulations and administration of the Forest Service as other National Forest improvements of a similar nature. No part of this Master Stewardship Agreement shall entitle TCRCD to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service.

O. PARTICIPATION IN SIMILAR ACTIVITIES. This Master Stewardship Agreement in no way restricts the Forest Service or TCRCD from participating in similar activities with other public or private agencies, organizations, and individuals.

P. TERMINATION. Either of the parties, in writing, may terminate this Master Stewardship Agreement in whole, or in part, at any time before the date of expiration. Neither party shall incur any new obligations for the terminated portion of this Master Stewardship Agreement after the effective date and shall cancel as many obligations as possible. Full credit shall be allowed for each party’s expenses and all no cancelable obligations properly incurred up to the effective date of termination.

Q. PRINCIPAL CONTACTS. The principal contacts for this Master Stewardship Agreement are

Forest Service Project Contact Cooperator Project Contact Lance J. Koch Alex Cousins District Ranger Grant Coordinator Trinity River Management Unit Trinity County RCD 360 W. Main Street #1 Horseshoe Lane Weaverville, CA 96093-1190 Weaverville, CA 96093-1450 Phone: 530-623-1700 Phone: 530-623-6004 FAX: 530-623-6010 FAX: 530-623-6006 E-Mail: [email protected] E-Mail: [email protected]

Forest Service Administrative Contact Cooperator Administrative Contact Kellie Hamilton Jason Smith Grants & Agreements Specialist Fiscal Manager USDA Forest Service Trinity County RCD 3644 Avtech Parkway #1 Horseshoe Lane Redding, CA 96003 Weaverville, CA 96093-1450 Phone: 530-226-2345 Phone: 530-623-6004 FAX: 530-226-2478 FAX: 530-623-6006 E-Mail: [email protected] E-Mail: [email protected]

R. AVAILABILITY OF FUNDS. Specific funding amounts and their respective funding cycles will

be identified in the individual Supplemental Project Agreements. The Forest Service’s obligation for performance in the terms of the individual Supplemental Project Agreements is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the Forest Service for any payment may arise for performance under the Supplemental Project Agreement beyond the date specified, until funds are made available to the Forest Service for performance and until the TCRCD receives notice of availability by written modification by the Forest Service.

of 85


TCRCD Project #:

S. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis-Bacon or

Service Contract Act) are applicable to any contract developed and awarded under this Master Stewardship Agreement where all or part of the funding is provided with Federal funds. Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contract Act wage provisions apply to service contracts in excess of $2,500.

T. ENDORSEMENT. Any contributions made under this Master Stewardship Agreement do not by

direct reference or implication convey Forest Service or TCRCD endorsement of each others’ products or activities.

U. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under this Master Stewardship Agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

V. COMMENCEMENT/EXPIRATION DATE. This Master Stewardship Agreement is executed as of the date of the last signature and unless sooner terminated, are effective for 10 years, through December 31, 2018 at which time it will expire.

W. AUTHORIZED REPRESENTATIVES: By signature below, the parties certify that the individuals listed in this document as representatives of each party are authorized to act in their respective areas for matters related to this Master Stewardship Agreement.

In witness whereof, the parties have executed this Master Stewardship Agreement as of the last written date below.

/S/ COLLEEN O’SULLIVAN 23 December 2008 COLLEEN O’SULLIVAN Chairman, Board of Directors Trinity County Resource Conservation District

DATE

/S/ J. SHARON HEYWOOD 11 December 2008 J. SHARON HEYWOOD Forest Supervisor Shasta-Trinity National Forest

DATE

The authority and format of this agreement has been reviewed and approved for signature. _/S/ KELLIE L. HAMILTON 11 December 2008______ KELLIE L. HAMILTON Date Grants and Agreements Specialist

of 85


TCRCD Project #:

ATTACHMENT A, MAP OF STEWARDSHIP AREA

of 85


TCRCD Project #:

ATTACHMENT B, DEFINITIONS

Administration: Ensure compliance with all contract provisions.

Best Value Determination: The evaluation used by the Forest Service to award projects. Such consideration shall primarily consider criteria other than cost. These non-price criteria include, but are not limited to, extent of mutual cooperation and benefits, past performance, experience, technical approach, and benefits to the local community. Included Timber: Live and dead trees and portions thereof that meet utilization standards outlined in D2. Integrated Resource Account: The account maintained by the Forest Service of all the TCRCD's deposits, credits, payment guarantees, and charges for:

a. Timber at Timber Payment Rates; b. Slash disposal, road maintenance, and contract scaling at Required Deposit rates; and c. Other charges provided in this agreement.

Liability for lost value to Included Timber: The party holding title shall bear the timber value loss resulting from damage outlined in DI0. Payment Guarantee: In lieu of establishing Stewardship Credits or establishing advanced deposits (D8) for advance payment of Included Timber, TCRCD may guarantee payment for timber scheduled for removal by furnishing and maintaining an acceptable surety payment bond or deposit in a Federal Depository negotiable security of the United States. When the Included Timber is scaled, any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for. When the Included Timber is tree measurement, any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for. The securities shall be deposited through the Regional Fiscal Agent accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by the Forest Service. The penal sum of such surety bond or market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed. In lieu of surety bond as a payment guarantee, TCRCD may use an Irrevocable Letter of Credit when approved by the Forest Service. Required Deposits: Deposits TCRCD may be required to pay for slash disposal (16 U.S.C. 490), road maintenance (16 U.S.C. 537), and contract scaling (1994 Appropriations Act). Deposits for slash disposal are shown in D4, whereas road maintenance and contract scaling are shown in other Timber Removal Specifications. Required Deposits must be paid in cash and authorization for collection must be authorized by citing the Cooperative Funds Act of 1914 in the SPA. Stewardship Credits: Credits that are earned and established when work listed in the Schedule of Items (Appendix E) has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber value included in D4. Unless otherwise

of 85


TCRCD Project #:

indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted. Stewardship Challenge Cost Share Supplemental Project Agreement (SPA). A written request submitted by Forest Supervisors to the Regional Forester for review and approval for proposed stewardship projects. The request for approval must include appropriate information about the proposed project, such as the method of contract or agreements to use, land management goals of the project, the total value of the project, products to be removed, the value of services to be received, the value of goods to be exchanged for services, contributed funds or work to be received, and expected residual receipts from the project. Only the projects and associated work activities approved by the Regional Forester with completed NEPA analysis are to be included in the stewardship agreement.

of 85


TCRCD Project #:

SAMPLE ATTACHMENT C

WEAVERVILLE COMMUNITY FOREST XX-CS-11051400-0XX

ANNUAL FINANCIAL AND OPERATING PLAN FYXXXX

Operating Plan

I. Background: Including participants in Operating Plan development. Tie to previous AOP’s

describing projects not implemented when planned and why.

II. Projects Reviewed & Selected: Include rational of why projects were selected for this AOP.

III. Project Summary: (See sample below)

Project Number Project Title

IRTC/IRSC/ Agreement

Estimated Cost

Funding Mechanism

(Retained receipts, appropriated

funds, Cooperator contribution, etc.) Output

Estimated Implementation

Completion Date

USFS NEPA

Milestones

2009-01

WCF Trail Construction Agreement $6,000

Retained receipts/cooperator

contribution. 2

miles 12/31/2012 Done

2009-02

Browns Fuel break IRSC $50,000 Retained receipts

40 acres 12/31/2011

To be completed

6/30/09

IV. Signatures/date (TCRCD and Forest Service District Ranger)

of 85


TCRCD Project #:

ATTACHMENT D STEWARDSHIP CHALLENGE COST-SHARE

SUPPLEMENTAL PROJECT AGREEMENT (SPA) # (Insert SPA agreement #)

Between the TRINITY COUNTY RESOURCE CONSERVATION DISTRICT

and the USDA FOREST SERVICE, SHASTA-TRINITY NATIONAL FOREST

Tiered to MASTER

STEWARDSHIP CHALLENGE COST-SHARE AGREEMENT 09-CS-11051400-032

*[Insert name of stewardship project]

This Stewardship Challenge Cost Share Supplemental Project Agreement (SPA) is hereby entered into by and between the Trinity County Resource Conservation District., hereinafter referred to as TCRCD, and the USDA Forest Service, Shasta-Trinity National Forest, hereinafter referred to as the Forest Service, as specified under the provisions of Master Stewardship Challenge Cost Share Agreement # 09-CS-11051400-0XX under the provisions of the Interior and Related Agencies Appropriation Act, of 1992, Public Law 102-154 and the Consolidated Appropriations Resolution, 2003, Public Law 108-7, sec 323, amending Public Law 105-277, sec. 347. (Stewardship Authority). Note: If Retained Receipts have the potential of exceeding the “value of service” and/or if there are required cash deposits, authorization for collections must be authorized by citing the Cooperative Funds Act of 1914. Background: *[Provide information on why the parties decided to enter into this stewardship project supplemental agreement (SPA). Give some history on the stewardship project area, why this area was chosen, and what the parties intend to accomplish.] I. PURPOSE The purpose of this Stewardship Project Supplement is to document the cooperative effort between the parties to (Include the purpose i.e. enhance and restore wildlife habitat) within the Stewardship Project Supplement area in accordance with the following provisions and the hereby incorporated Appendices.

Appendix A TCRCD Technical Project Proposal Exhibit A Technical Proposal Example Language- W/O Timber Exhibit B Technical Proposal Example Language- With Timber Appendix B Map of Stewardship Project Area Appendix C Financial Plan Appendix D Timber Removal Specifications Appendix E Schedule of Items Appendix F Stewardship Credits – Monthly Tracking Appendix G Stewardship Credits – Monthly Balance

of 85


TCRCD Project #:

of 85

II. TCRCD SHALL: In coordination with the Forest Service, prepare and submit for review and approval, a Technical Project Proposal, Appendix A, which shall address agreed upon land management activities within in the Stewardship Project Area, Appendix B, for the proposed operating season. The technical project proposal shall abide by all laws and regulations pertaining to the management and protection of National Forest System (NFS) lands and adhere to environmental document decision and all mitigation identified in the environmental document for the project area. Exhibit A provides example language that TCRCD may use as a guideline in preparing the Technical Proposal. At a minimum, the proposal will address the following: A. Collaborate with the Forest Service to develop Technical Project Proposals, with detailed

descriptions of the following:

1) Project description 2) Operating Plan 3) Experience 4) Work Plan 5) Resource (people, equipment) 6) Quality Control 7) Safety Plan 8) Communication Plan

May also include the following if Timber Removal is proposed:

9) Road Maintenance 10) Erosion prevention and control 11) Protection of improvements 12) Protection of land survey monuments 13) Protection of plants, animals, cultural resources and cave resources 14) Protection of residual trees 15) Sanitation and servicing 16) Prevention of oil spills 17) Washing equipment 18) Meadow protection 19) Wetlands protection 20) Stream course protection 21) Temporary roads 22) Safety 23) Use of premises (camps, quarry, pits, etc.)

III. THE FOREST SERVICE SHALL: A. Review the Technical Proposal and work with TCRCD to make any necessary changes prior to

mutual SPA approval.

B. In coordination with TCRCD, complete a Schedule of Items (Appendix E).


TCRCD Project #:

C. Collaborate with TCRCD to provide a completed Appendix D, Timber Removal Specifications,

when timber is exchanged for services. This Appendix at a minimum shall include: 1.) Location of project area 2.) Volume estimates and Utilization Standards 3.) Timber Designations and unit boundary descriptions 4.) Timber Payment rates 5.) Schedule of Payment Units 6.) Stump height 7.) Specified roads 8.) Measurement instructions (scaled or tree measurement) 9.) Advance payment requirements 10.) Title Passage 11.) Liability for Loss 12.) Fire precautions 13.) Other requirements of the environmental document or for safety

D. *[Insert the following provision if the Forest Service intends to reimburse TCRCD with appropriated funds.

PAYMENT/REIMBURSEMENT. Reimburse TCRCD for the Forest Service's proportionate share *[XX] percent of actual expenses incurred, not to exceed *[$XX,XXX], as shown in the SPA Financial Plan. The Forest Service will make payment on receipt of TCRCD’s *[monthly, quarterly, semi-annual, a lump-sum] billings. Each invoice from TCRCD shall display the total project costs to date of the invoice, separated by Forest Service and TCRCD share. In-kind contributions shall be displayed as a separate line item and will not be included in the total project costs. The final invoice from TCRCD will be submitted no later than 90 days from the expiration date. The invoice shall include, at a minimum: 1. TCRCD name, address, and telephone number. 2. Forest Service SPA number. 3. Invoice date. 4. Dates of performance the invoice covers. 5. Total invoice amount. 6. Total project costs to date. 7. Tax ID Number (VIN).

The invoice shall be sent to:

USDA Forest Service Albuquerque Service Center Payments – Grants & Agreements 101B Sun Ave NE Albuquerque, NM 87109 E-mail: [email protected] FAX: (877) 687-4894

of 85


TCRCD Project #:

A copy shall be sent to:

*[Name Address City, State Zip]

IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:

A. TCRCD’s approved Technical Proposal, Appendix A is incorporated and made a part of this SPA. B. The performance period for this SPA is the date of last signature through *[XXDATE]. C. Any changes to this SPA will be mutually approved between the parties and incorporated into this

SPA through formal modification. D. The parties will comply with the Forest Service’s Environmental Management System (EMS)

which is a systematic approach to improving environmental performance by identifying activities and environmental impacts that occur on NFS lands. The Forest Service will provide TCRCD with details for compliance.

E. TCRCD will report to the Forest Service stewardship credits earned, [every two weeks / monthly /

quarterly]. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity. Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service.

*[Include when stewardship credits are anticipated.]

F. TCRCD shall submit to the Forest Service on an agreed upon schedule ((bi-weekly, monthly or

quarterly basis), a detailed summary of completed work. Upon receipt of TCRCD’s summary, the Forest Service will enter the value of the completed and accepted work into the Integrated Resource Account (IRA). A copy of the IRA will be provided to TCRCD each time it is updated. The summary shall include, at a minimum:

1. TCRCD name, address, and telephone number. 2. Forest Service SPA number. 3. Date of the reporting period. 4. Activity number. 5. Activity description. 6. Unit of measure and value earned. 7. Total value of completed project(s) for the reporting period.


of 85


TCRCD Project #:

G. An IRA will be used as a tracking system for payments, stewardship credits, and cash deposits. The Forest Service project contact for that activity is responsible for communicating on the ground accomplishments to Forest Service Contact for Timber Removal for input into the IRA.


H. The Forest Service will issue an IRA summary Stewardship Credit activity report to TCRCD upon

receipt of TCRCD’s earned stewardship credit summary.

*[Include when stewardship credits are anticipated.] I. The individuals listed below are authorized to act in their respective areas for matters related to this

SPA. In their absence, a designated official acting on their behalf will be the authorized representative.

TCRCD Project Contacts Forest Service Project Contacts

*[XXActivity Name (i.e. Timber Removal)] Name Address City, State zip Phone email

Name Address City, State zip Phone email

Title/Role/Responsibility: *[Describe the Contact’s responsibility.]

Title/Role/Responsibility: *[Describe the Contact’s responsibility. * As a minimum, when timber is being removed this individual must be a Certified Contracting Officer.}

*[XX]Activity Name Name Address City, State zip Phone email








of 85


TCRCD Project #:

The authority and format of this SPA has been reviewed and approved for signature.

Insert Name, Grants & Agreements Specialist Date

Timber disposal activities within this SPA have been reviewed and determined to be legal and are authorized.

Insert Contracting Officer’s name, Timber Sale Contracting Officer

Date

In witness whereof, the parties have executed this SPA as of the last date written below. COLLEEN O’SULLIVAN, Chairman, Board of Directors Trinity County Resource Conservation District

DATE

J. SHARON HEYWOOD, Forest Supervisor USDA Forest Service, Shasta-Trinity National Forest

DATE

of 85


TCRCD Project #:

APPENDIX A TCRCD TECHNICAL PROJECT PROPOSAL

(Needs to be sent to the Regional Forester (or their authorized designee) for review and

approval when project involves expenditures of retained receipts)

of 85


TCRCD Project #:

EXHIBIT A to APPENDIX A

Sample Technical Proposal that does not include removal of timber.

Overview Describe in general what you propose to do under this proposal, i.e. We propose to complete items X through XX on the Annual Operating Plan in the following manner.

Introduction Describe how you are uniquely qualified to do this work by addressing the following:

a) The extent of mutual interest and benefit, including public education and interpretation opportunities.

b) The advantages and effectiveness of mutual participation. c) Factors relevant to cost such as volunteer participation, contributions from other parties, cost

sharing, etc. d) Experience in performing similar work. e) Ability to conduct work in an environmentally sound manner.

Enhanced Employment

Local Hires: Explain how you plan to enhance employment through local hiring. Community Enhancement: Explain how your existence in the community enhances it, i.e. payroll/procurement gives back to local community; relationships developed with other members of the business community, etc.

Detailed Work Plan 1. Division of tasks:

a) COOPERATOR will perform the following tasks utilizing XX personnel. b) COOPERATOR will subcontract the following tasks. c) COOPERATOR will complete the following work with volunteers, etc.

2. Prioritization of work: Describe how work will be prioritized & what happens in case of fire or

other emergency.

Supervisors Identify your supervisor & the work each will oversee.

Weather Describe if you will be monitoring fire weather & what you will monitor.

Fire Planning & Patrol If this is necessary, describe how it will be accomplished.

of 85


TCRCD Project #:

Safety Plans

Traffic Plan: If this is necessary, describe how it will be accomplished. Fire Plan: Training: Describe any training to be provided to personnel & what standards that training will meet. Equipment: Describe any fire equipment you will have available on the project site. See examples below. 200 Gal. Tank plumbed with a portable pump (Drafting Capable) 200’ 1 ½” hose 3-pulski 300’ 1” hose 2-McLeod 100’ ¾” hose 3-shovel 2-1 ½ “ Gated Wye 1-chain saw 2 – 1 ½ to 1” Reducer 1 – first aid kit Communications: In the event an emergency, fire or otherwise, describe the steps you will take. List contact names/phone numbers. Fire Suppression: Describe any steps you will take within your authority. Patrol: Describe the fire patrol you will provide if necessary. Include communications & apparatus available. Fire Extinguisher: Describe when/where they will be available. Fueling Location: Describe where this will take place and any fire precautions or spill precautions you will take.

Technical Approach Describe in detail how you plan to do the project work to meet the deliverables in the AOP. Be sure to address, as appropriate, the items listed in SPA under II. TCRCD Shall:.

Quality Assurance Describe if/when you will perform quality control inspections.

of 85


TCRCD Project #:

EXHIBIT B for Appendix A

STEWARDSHIP AGREEMENT TECHNICAL PROPOSAL EXAMPLE LANGUAGE NOTE: The following is an example of language used in timber sales to help guide the development of the Technical Proposal relative to resource protection and scale measurement. This is not mandatory language. The language may be included, modified, or eliminated as appropriate to depict the Technical Proposal attributes of a specific project. TRANSPORTATION FACILITIES Authorization. TCRCD will construct and maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber on National Forest and other lands where Forest Service has such authority. As used in this agreement “construct” includes “reconstruct.” Unless otherwise provided herein, construction may be progressive during this agreement. The location and clearing widths of all Temporary Roads or facilities will be agreed to in writing before construction is started. “Temporary Roads” are roads other than Specified Roads that are constructed by TCRCD for the purpose of harvesting Included Timber. Use of Roads by TCRCD. Except as provided herein, TCRCD will use existing National Forest system roads and Specified Roads listed in D6, when Forest Service determines that such use will not cause damage to the roads or National Forest resources. Roads are shown on Project Area Map that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads: (a) cannot be used for log hauling, or (b) may be used only under the restrictive limitations. TCRCD will …. Specified Roads. “Specified Roads” are roads, including related transportation facilities and appurtenances, shown on Project Area Map and listed in D6. TCRCD will construct Specified Roads used under this agreement. Construction initiated by TCRCD on any Specified Road will be completed to an agreed terminus that meets TCRCD’s needs and prevents unnecessary impact on National Forest resources. Construction to such terminus will be in full accordance with Plans and specifications and the Schedule of Items identified in D6 or attached specifications, except for agreed adjustments needed to accommodate such terminus. A Temporary Road will not be constructed substantially on the location for a Specified Road, except by agreement. Material Delivery. Within 60 days after award date, TCRCD will provide Forest Service a written schedule showing the desired delivery dates of any material to be supplied by Forest Service. With reasonable notice, schedule may be amended by agreement. After delivery to and written receipt by TCRCD, TCRCD will be responsible for installation of needed material and for any loss of or damage to such material due to TCRCD’s negligence prior to installation or return of unused material to Forest Service. Unused material will be returned to Forest Service at location of delivery, unless agreed otherwise. Use of Partially Constructed Roads. Unless Forest Service determines that there is justification under existing conditions and ground conditions permit hauling without undue damage, portions of Specified Roads will be Substantially Completed prior to their use for hauling timber. When necessary to facilitate construction and protect bridges and roads from damage, timber felled in construction and timber logged directly to the road from immediately adjacent areas may be hauled before road construction is Substantially Completed. Such hauling will be confined to periods when abnormal soil erosion and damage to National Forest lands will not result. “Substantially Completed” means: (a) Completion of grading and installation of drainage structures so they will function effectively and (b) Laying the specified depth of base course, if any. No more than half of Included Timber to be hauled over such portions of road will be hauled until the base course has been applied. Unless agreed otherwise, specified reconstruction will be completed on any portion of road prior to hauling on that portion. Road Maintenance. TCRCD will maintain roads, commensurate with TCRCD’s use, in accordance with Road Maintenance Requirements below and the Road Maintenance Specifications. Performance of road maintenance work by TCRCD will be …. The timing of work accomplishment will be based on TCRCD’s Operating Schedule.

SPECIFICATION T-800 DEFINITIONS Wherever the following terms or pronouns are used in Specifications T-801 through T-811, the intent and meaning will be interpreted as follows: 800-1.1 – Agreement. Maintenance projects require a mutually acceptable method to resolve the problems which arise when incompatible situations arise between drawings and specifications and actual conditions on the ground to allow orderly and satisfactory progress of the maintenance. It is intended that drawings and specifications will govern unless “on-the-ground” conditions warrant otherwise, when specifications call for “Agreement”, “agreed”, or “approval” such Agreement or approval will be promptly confirmed in writing. 800-1.2 – Annual Road Maintenance Plan. A plan prepared by various users of one or several roads. The plan is an Agreement on maintenance responsibilities to be performed for the coming year. 800-1.3 – Base Course. Material used to reinforce Subgrade or, as shown on drawings, placed on Subgrade to distribute wheel loads. 800-1.4 – Berm. Curb or dike constructed to prevent Roadway runoff water from discharging onto embankment slope. 800-1.5 – Borrow. Select Material taken from designated borrow sites.

of 85


TCRCD Project #:

800-1.6 – Crown, Inslope, and Outslope. The cross slope of the Traveled Way to aid in drainage and traffic maneuverability. 800-1.7 – Culverts. A conduit or passageway under a road, trail, or other obstruction. A culvert differs from a bridge in that it is usually entirely below the elevation of the Traveled Way. 800-1.8 – Drainage Dip. A dip in the Traveled Way which intercepts surface runoff and diverts the water off the Traveled Way. A Drainage Dip does not block the movement of traffic. 800-1.9 – Drainage Structures. Manufactured structures which control the runoff of water from the Roadway including inslope, overside drains, aprons, flumes, downdrains, downpipes, and the like. 800-1.10 – Dust Abatement Plan. A listing of the road, dust palliative, application rates, and estimated number of subsequent applications. 800-1.11 – Lead-off Ditches. A ditch used to transmit water from a Drainage Structure or Drainage Dip outlet to the natural drainage area. 800-1.12 – Material. Any substances specified for use in the performance of the work. 800-1.13 – Prehaul Maintenance. Road maintenance work which will be accomplished to maintain the roads to a satisfactory condition commensurate with TCRCD’s use, provided TCRCD’s Operations do not damage improvements or National Forest resources and hauling can be done safely. This work will be shown in the Annual Road Maintenance Plan. Prehaul Maintenance work TCRCD elects to perform will be in compliance with the Road Maintenance T-Specifications. 800-1.14 – Roadbed. The portion of a road between the intersection of Subgrade and sideslopes, excluding that portion of the ditch below Subgrade. 800-1.15 – Road Maintenance Plan. A description showing applicable road maintenance specifications to be performed by TCRCD on specific roads. 800-1.16 – Roadside. A general term denoting the area adjoining the outer edge of the Roadway. 800-1.17 – Roadway. The portion of a road within the limits of excavation and embankment. 800-1.18 – Shoulder. That portion of Roadway contiguous with Traveled Way for accommodation of stopped vehicles, for emergency use, and lateral support of base and Surface Course, if any. 800-1.19 – Slide. A concentrated deposit of Materials from above or on backslope extending onto the Traveled Way or Shoulders, whether caused by mass land movements or accumulated ravelling. 800-1.20 – Slough. Material eroded from the backslope which partially or completely blocks the ditch, but does not encroach on the Traveled Way so as to block passage of traffic. 800-1.21 – Slump. A localized portion of the Roadbed which has slipped or otherwise become lower than that of the adjacent Roadbed and constitutes a hazard to traffic. 800-1.22 – Special Project Specifications. Specifications which detail conditions and requirements peculiar to the individual project. 800-1.23 – Subgrade. Top surface of Roadbed upon which Base Course or Surface Course is constructed. For roads without Base Course or Surface Course, that portion of Roadbed prepared as the finished wearing surface. 800-1.24 – Surface Course. The Material placed on Base Course or Subgrade primarily to resist abrasion and the effects of climate. Surface Course may be referred to as surfacing. 800-1.25 – Surface Treatment Plan. A discussion of the roads and surface treatments to be applied. 800-1.26 – Traveled Way. That portion of Roadway, excluding Shoulders, used for the movement of vehicles. 800-1.27 – Turnouts. That portion of the Traveled Way constructed as additional width on single lane roads to allow for safe passing of vehicles. 800-1.28 – Water Source. A place for acquiring water for road maintenance purposes. 800-1.29 – Waterbar. A dip in the Roadbed which intercepts surface runoff and diverts the water off the Roadway. A Waterbar is not designed to be traversable by logging trucks. SPECIFICATION T-801 SLIDE AND SLUMP REPAIR DESCRIPTION

(g) Slide removal is the removal from Roadway and disposal of any Material, such as soil, rock, and vegetation that cannot be routinely handled by a motorgrader during Ditch Cleaning, T-802, and Surface Blading, T-803 Operations.

Slump repair is the filling of depressions or washouts in Roadway which cannot be routinely filled by a motor grader during Surface Blading, T-803 Operations. Slide removal and Slump repair includes excavation, loading, hauling, placing, and compacting of waste or replacement Material and the development of disposal or borrow areas. REQUIREMENTS

(h) Slide Material, including soil, rock and vegetative matter which encroaches into the Roadway, will be removed. The slope which generated the Slide Material will be reshaped during the removal of the Slide Material with the excavation and loading equipment. Slide Material deposited on the fillslope and below the Traveled Way will not be removed unless needed for slope stability or to protect adjacent resources.

Surface and Base Courses will not be excavated during Slide removal operations. Slide Material which cannot be used for other beneficial purposes will be disposed of as agreed with Forest Service.

(i) When filling Slumps or washouts, Material will be moved from agreed locations or borrow sites, placed in layers, and compacted by operating the hauling and spreading equipment uniformly over the full width of each layer.

of 85


TCRCD Project #:

Existing aggregate surfacing will be salvaged when practical and relaid after depressions have been filled. Damaged aggregate base, aggregate surfacing, and bituminous pavement will be repaired under Specification T-804 Surfacing Repair. The repaired areas of the Slump will conform to the cross-section which existed prior to the Slump and will blend with the adjacent undisturbed Traveled Way. SPECIFICATION T-802 DITCH CLEANING DESCRIPTION 1.1 Ditch cleaning is removing and disposing of all Slough Material from Roadway ditches to provide a free-draining waterway. REQUIREMENTS 3.1 Ditch cleaning will be repeated during the year as often as necessary to facilitate proper drainage. 3.2 All Slough Material or other debris which might obstruct water flow in the Roadway ditch will be removed. Material removed from the ditch, if suitable, may be blended into existing native road surface or Shoulder or placed in designated Berms in conjunction with Surface Blading T-803 operations. Material removed from ditches that is not by Agreement blended into existing roads or placed in Berms will be loaded and hauled to the disposal site as agreed with the Forest Service.

(j) Roadway backslope or Berm will not be undercut. SPECIFICATION T-803 SURFACE BLADING DESCRIPTION 1.1 Surface blading is keeping a native or aggregate Roadbed in a condition to facilitate traffic and provide proper drainage. It includes maintaining the Crown, Inslope or Outslope of the Traveled Way, Turnouts, and Shoulder; repairing Berms; blending approach road intersections; and cleaning bridge decks, Drainage Dips, and Lead-off Ditches. REQUIREMENTS 3.1 Surface blading will be performed before, during, and after TCRCD’s use as often as necessary to facilitate traffic and proper drainage. 3.2 The surface blading will preserve the existing cross-section. Surface irregularities will be eliminated and the surface left in a free-draining state and to a smoothness needed to facilitate traffic. Surface Material which has been displaced to the Shoulders or Turnouts will be returned to the Traveled Way. The blading operation will be conducted to prevent the loss of surface Material and to provide for a thorough mixing of the Material being worked. 3.3 Water will be applied during blading if sufficient moisture is not present to cut, mix, or compact the surface Material. 3.4 On native surfaced roads, Material generated from backslope Sloughing, and ditch cleaning may be blended with the surface Material being worked. On aggregate surfaced roads this Material will not be blended with Surface or Base Course Material unless agreed otherwise. 3.5 Roadway backslopes or Berms will not be undercut, nor will new Berms be established unless agreed otherwise. Berms will be repaired by placing Material, as needed to restore the Berm, to reasonably blend with existing line, grade, and cross-section. 3.6 Drainage Dips and Lead-off Ditches will be cleaned and maintained to reasonably blend with existing line, grade, and cross-section. 3.7 Intersecting roads will be bladed for a distance of 50 feet to assure proper blending of the two riding surfaces. 3.8 Rocks or other Material remaining on the Traveled Way after the final pass that are larger than 4 inches in diameter or are larger than the maximum size of imported surfacing will be removed from the Traveled Way. Unless otherwise designated by the Forest Service, the oversized Material will be disposed of by sidecasting. Sidecasting into streams, lakes, or water courses will not be permitted. 3.9 Material resulting from work under this specification will not remain on or in structures, such as Culverts, overside drains, cattleguards, ditches, Drainage Dips, and the like. 3.10 Material resulting from work under this specification, plus any accumulated debris, will be removed from bridge decks and the deck drains opened. SPECIFICATION T-804 SURFACING REPAIR DESCRIPTION 1.1 Surfacing repair is repairing potholes or small soft areas in the Traveled Way. It includes area preparation and furnishing and placing all necessary Materials, and other work necessary to repair the surface. MATERIALS 2.1 Material used in the repair of soft areas on aggregate or native surfaced roads may be acquired from approved commercial sources or Borrow sources agreed with Forest Service. The quality and quantity of the imported Material used in the repair will be limited to that needed to provide a stable Traveled Way for hauling and to minimize damage to the road and adjacent resources. 2.2 Material used in the repair of bituminous pavements may be acquired from local commercial sources. If a mixing table is required, the location will be approved by the Forest Service. The bituminous mixture to be used by TCRCD will be approved by the Forest Service. REQUIREMENTS 3.1 Work under this specification will be performed in a timely manner to reduce further deterioration of the Traveled Way. 3.2 Soft spots on aggregate or native surfaces will be repaired by placing the imported Surface Course on top of the soft spot. Layers of imported Material will be placed until a firm surface is produced.

of 85


TCRCD Project #:

3.3 Bituminous Pavement Repairs. The areas to receive bituminous pavement repairs will be marked on the road surface by the Forest Service just prior to TCRCD performing the work. 3.4 Potholes (deep patch). Surface Course and Base Course Materials will be excavated to a depth necessary to reach firm, suitable Material. The minimum depth of excavation will be 2 inches and the maximum depth of excavation will be to the top of the Subgrade. The edges of the prepared hole will be extended to form a vertical face in unfractured asphalt surfacing. The prepared hole will generally be circular or rectangular in shape, dry, and cleaned of all loose Material. Prepared potholes will be patched or barricaded immediately. The faces of the prepared hole will be tacked with a slow-setting emulsified asphalt. The bituminous mixture will be placed in layers not exceeding a compacted depth of 2 inches. Each layer will be compacted thoroughly with hand or mechanical tampers or rollers. Compaction will not be done with equipment wheels. Upon completion, the compacted patch in the pothole will be flush, with a tolerance or approximately ¼ inch to ½ inch above the level of the adjacent pavement. 3.5 Skin Patches. Bituminous mixture will be distributed uniformly with feathered edges in layers not to exceed 2 inches compacted depth. When multiple layers are ordered, joints will be offset at least 6 inches between layers. Each layer will be compacted by two passes with a 7-10 ton steel roller or comparable vibratory roller. 3.6 Asphalt Berm. Damaged segments of Berm will be removed and the exposed ends beveled at approximately 45 degrees from vertical. The Berm foundation will be cleaned and patched as necessary. The foundation and joining surfaces will be coated with a slow-setting emulsified asphalt. Asphalt mix will be placed and compacted to conform with the shape and alignment of the undamaged segment. 3.7 Disposal. All Materials removed from potholes, patches, and Berms will be disposed of at Forest Service approved disposal sites. SPECIFICATION T-805 DRAINAGE STRUCTURES DESCRIPTION 1.1 This work consists of maintaining Drainage Structures and related items such as inlet and outlet channels, existing riprap, trash racks, and dropinlets. MATERIALS 2.1 All Materials used in the maintenance of Drainage Structures will conform by type and specification to the Material in the structure being maintained. REQUIREMENTS 3.1 Drainage Structures and related items will be cleared of all foreign Material which has been deposited above the bottom of the structure and all vegetative growth which interferes with the flow pattern. Material removed that cannot be incorporated into maintenance work will be hauled to a disposal site agreed with the Forest Service. 3.2 If outlet or inlet riprap was installed by TCRCD as a construction item or existed prior to TCRCD’s haul, it will be maintained in good condition including the replacement of riprap if necessary to previous line, grade, and cross-section. 3.3 Maintenance will be performed to insure the proper functioning of the head walls, aprons, inlet assemblies, overside drains, riprap, trash racks, and other facilities related to the Drainage Structure. SPECIFICATION T-806 DUST ABATEMENT DESCRIPTION 1.1 This work will consist of preparing Traveled Way and furnishing and applying Materials to abate dust. MATERIALS 2.1 The roads requiring dust abatement, type of dust abatement Material to be used, the rates of application, and frequency of applications will be shown in the Dust Abatement Plan. The Dust Abatement Plan may be changed by written Agreement. 2.2 Water. The locations of Water Sources will be agreed with Forest Service. 2.3 Dust abatement Materials will meet the requirements of the following subsections of Forest Service Specifications for Construction of Roads and Bridges. Emulsified Asphalt 702 Blotter Material 703.12 Magnesium or Calcium Chloride Brine 723.01 Calcium Chloride Flake 723.02 Lignin Sulfonate 723.03 2.4 Testing of Materials. Certification and sampling of bituminous Materials lignin sulfonate, and magnesium chloride will be in accordance with subsections 105.04 or 723.04 of Forest Service Specifications for Construction of Roads and Bridges. REQUIREMENTS 3.1 General. Dust abatement Materials will be applied to the road surface as necessary to control road surface loss, provide for road user safety, and minimize damage to adjacent resources. 3.2 Compaction. When the methods listed below specify compaction, Traveled Way will be compacted by an 8 to 10 ton pneumatic, steel-wheeled or equivalent vibrating roller making 2 passes over the full Traveled Way and Shoulder width, unless compaction is not required in the Dust Abatement Plan. 3.3 Preparation to Dust Abatement Materials Other Than Water. The following applies to all methods of preparation: Bituminous residue will be scarified and pulverized to produce loosened Material not exceeding 4 inches in greatest dimension.

of 85


TCRCD Project #:

Traveled Way will be bladed in accordance with T-803. Prior to applying DO-6BA, DO-6PA, or DO-8, the top 2 inches of Traveled Way will contain not less than 80 percent nor more than 120 percent of optimum moisture as determined by AASHTO T-99, Method C. Prior to applying other bituminous Material, Traveled Way will have a moisture content between 1 and 3 percent. If surface dusting prevents the bituminous Material from penetrating, a light application of water will be applied just prior to applying the bituminous Material. Lignin Sulfonate and magnesium chloride will be applied when the top 1 inch of Traveled Way contains not less than 3 percent moisture, nor more than 120 percent of optimum moisture as determined by AASHTO T-99, Method C. Moisture content will be determined in accordance with AASHTO T-217 OR T-239. One or more of the following methods will be used, as specified in the Dust Abatement Plan. Method 1. Compact Traveled Way and apply the dust abatement Material. Method 2. Develop a layer of loose Material approximately 1 inch in depth for the full width of Traveled Way. Apply the dust abatement Material to this loose Material and compact after penetration. If traffic makes maintenance of the loose Material difficult, 1 inch of the Material may be bladed into a windrow along the Shoulder. The specified moisture content will be maintained in the windrow and the top 1 inch of Traveled Way. The windrow will be bladed to a uniform Material. When the dust abatement Material has penetrated, Traveled Way will be compacted. Method 3. Blade 1 inch of Material from Traveled Way into a windrow along the Shoulder. Maintain the specified moisture content in the windrow and the top inch of Traveled Way. Apply half the dust abatement Material. When the dust abatement Material has penetrated, the windrow will be bladed to a uniform depth across dust abatement Traveled Way, and the remaining dust abatement Material will be applied. Traveled Way will be compacted. Method 4. Develop a layer of loose Material approximately 2 inches in depth for the full width of Traveled Way. Apply half the dust abatement Material to the loose Material. Blade the top 2 inches into a windrow along the Shoulder. Apply the remaining dust abatement Material to Traveled Way and the Berm. Spread the Berm evenly across Traveled Way and compact. 3.4 Preparation for Dust Abatement with Water. Traveled Way will be prepared in accordance with Specification T-803 Surface Blading when required. 3.5 Application Tolerance. Dust abatement Materials other than water will be applied within 0.05 gallons per square yard of the rate specified. 3.6 Mixing Requirements. DO-6BA, DO-6PA, and DO-8 will be thoroughly circulated in the distributor within 1 hour of application. 3.7 Weather Limitations. Dust abatement Materials will not be applied when it is raining. Bituminous Material will be applied when the surface temperature of Traveled Way is 50 degrees Fahrenheit or higher. Lignin sulfonate and magnesium chloride will be applied when the atmospheric temperature is 40 degrees Fahrenheit or higher.

(k) Blotter Material. Blotter Material will be spread in a sufficient quantity to prevent tire pickup. SPECIFICATION T-807 ROADWAY VEGETATION DESCRIPTION 1.1 This work includes removal of brush and trees from within the Roadway limits. REQUIREMENTS 3.1 Vegetative matter within the Roadway which impedes vehicular travel or interferes with road maintenance operations, such as surface blading and ditch and culvert cleaning will be removed. Downed timber meeting utilization standards will be cut in appropriate lengths and decked along the Roadside in locations where the Traveled Way or sight distances will not be impaired. 3.2 Vegetative matter removed from the Roadway will be treated by slash disposal methods within the agreement. SPECIFICATION T-808 MISCELLANEOUS STRUCTURES DESCRIPTION 1.1 Maintenance of miscellaneous structures includes cattleguards, gates, and other similar structures that have been previously installed to insure safe and efficient operation of the road. MATERIALS 2.1 Any Materials needed in the maintenance of miscellaneous structures will be similar in type and quality to the Material in the structure being maintained. REQUIREMENTS 3.1 Cattleguards. Loose rails will be welded or bolted back in place. Excess Material carried into the cattleguard will be removed when drainage is blocked or when it reaches 6 inches from the bottom of the cattleguard frame. Drainage into and from the cattleguard will be kept open.

(l) Gates. Gates will be kept in good repair and made to swing easily. Hinges or latches will be repaired if not operating properly.

Brush and debris will be removed from within the swinging radius. SPECIFICATION T-809 WATERBARS DESCRIPTION 1.1 This work consists of installing or removing Waterbars in the Roadbed. REQUIREMENTS 3.1 Waterbars will be installed on roads as agreed with Forest Service. All Material excavated will be used in the installation of the Waterbar. Bermed Material will be compacted by operating

of 85


TCRCD Project #:

heavy equipment over the length and width of the Berm. 3.2 Waterbars will be removed on roads shown on Road Maintenance Plan by blading the Berm into the adjacent depression to form a smooth transition along the Traveled Way. The length and width of the fill Material will be compacted by the equipment performing the work. 3.3 Waterbars may be required to be installed between seasons of use and then removed when haul is resumed. Waterbar installation may be agreed with Forest Service when use of a road has been completed. SPECIFICATION T-810 BARRIERS DESCRIPTION 1.1 This work will consist of furnishing, installing, or removing barriers. Gates are not included. MATERIALS 2.1 Materials for barriers will meet the requirements as shown on attached drawings. REQUIREMENTS

(m) Barriers will be installed in accordance with the attached drawings. The location of barriers to be removed or installed is shown on the Project Area Map. Installation or removal may occur as often as road use is terminated and resumed. SPECIFICATION T-811 SURFACE TREATMENT DESCRIPTION

(n) This work will consist of applying a chip seal, sand seal, or fog seal to the Traveled Way. Chip seals may consist of single or double applications of bituminous Material and cover aggregate. MATERIALS 2.1 The roads requiring surface treatments, the type of seal coat to be applied, the rate of application, and type and grade of bituminous Material, and the rate of application and grading of cover aggregate will be shown in the Surface Treatment Plan. 2.2 Emulsions used for fog seals will be diluted with an equal amount of water and will be applied at the diluted application rate shown in the Surface Treatment Plan. 2.3 Seal coat Materials will meet the requirements of the following subsections of Forest Service Specifications for Construction of Roads and Bridges: Bituminous Materials Asphalt Cement 702.01 Liquid Asphalts 702.02 Emulsified Asphalt 702.03 Application Temperatures 702.04 Cover Aggregate 703.11 Blotter Material 703.12 Water for Diluting 725.01 2.4 The cover aggregate will be surface damp at the time of application when using emulsified asphalt and dry when using an asphalt cement or liquid asphalt. Excess water on the aggregate surface will not be permitted. MAINTENANCE REQUIREMENTS 3.1 Traffic. Traffic will be maintained as agreed with Forest Service. 3.2 Weather Limitations. Fog seal and chip seal will not be applied when the weather is foggy or rainy. Seal coats requiring cover aggregate will not be applied when the temperature of the surface being treated is below 70 degrees Fahrenheit in the shade. Fog seal coats will not be applied when the surface temperature is below 40 degrees Fahrenheit in the shade. 3.3 Equipment. The following equipment or its equivalent will be used: A distributor truck equipped to spread the Material uniformly at the designated rate, within the temperature range specified and within 0.04 gallons per square yard of the rate specified. The distributor will be equipped with a thermometer and a hand hose with spray nozzle. A rotary power broom and/or blower. When cover aggregates are applied: A pneumatic tire roller, 8-ton minimum weight with all tires equally inflated to a pressure of at least 90 pounds per square inch. Rollers will be equipped with devices for applying water to the tires. Self-propelled aggregate spreader supported by at least four wheels equipped with pneumatic tires on two axles, situated so that at no time will the tires contact the uncovered bituminous Materials. The aggregate spreader will be equipped with positive controls so that the required amount of Materials will be deposited uniformly over the full width. Trucks with spreading attachments will not be used. 3.4 Preparation of Surface. Immediately before applying the bituminous Material, the surface to be sealed will be cleaned of all foreign and loose Material. 3.5 Application of Bituminous Material. Bituminous Material will be applied in a uniform, continuous spread. The distributor will be moving forward at proper application speed at the time the spray bar is opened. Skipped areas or deficiencies will be corrected prior to the application of cover aggregate. The spread of bituminous Material will not be more than 6 inches wider than the width to be covered by the cover aggregate. Operations will not proceed if the bituminous Materials are allowed to cool, set up, dry, or otherwise impair retention of cover aggregate. Fog seal will be allowed to penetrate and dry before traffic is permitted on the sealed portion. The surfaces of structures and trees adjacent to the area being treated will be protected to prevent their being spattered

of 85


TCRCD Project #:

or marred. (o) Application of Cover Aggregate and Blotter. Immediately following the application of the bituminous

Material, cover aggregate will be spread at the specified rate. Joints between adjacent applications of cover aggregate will be approximately in the center of two-lane roads.

The aggregate spreader will not be operated at speeds which cause the aggregate to roll over after striking the bituminous Material. The cut-off of aggregate will be complete, and any excess aggregate will be removed from the surface prior to resuming operations. Immediately after the cover aggregate has been spread, any piles, ridges, and uneven distribution will be corrected. Cover aggregate may be applied by hand in areas inaccessible to spreading equipment. Rolling will begin immediately after spreading the cover aggregate and will consist of a minimum of two complete coverages. After rolling, traffic will be controlled to a maximum speed of 15 miles per hour for a period of 4 hours. The day following the final application of cover aggregate, any concentrations of loose cover aggregate will be redistributed without disturbing the embedded aggregate. Four days after the final application of cover aggregate, all excess cover aggregate will be removed. During this period, any bituminous Material that comes to the surface will be covered with additional cover aggregate or approved blotter Material.

(p) Blotter Material for fog seals will be spread in sufficient quantity to prevent tire pickup. Use by Others. Forest Service will have the right to use any road constructed by TCRCD under this agreement for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by TCRCD hereunder when Forest Service determines that such use will not materially interfere with TCRCD’s Operations. Third party use will be contingent upon Forest Service determining, and third party agreeing to pay, a fair share of maintenance cost commensurate with such commercial use. Where TCRCD reconstructs a road having established use, TCRCD’s use during reconstruction and thereafter will be such as to reasonably accommodate such established use. OPERATIONS Improvements. TCRCD will construct on National Forest land, buildings, facilities, and other improvements needed to log Included Timber as approved in writing with Forest Service and will be constructed and used in a manner that will protect National Forest values. TCRCD will comply with the rules and regulations governing the operation of premises that are occupied and will perform the agreement in a manner that will not interrupt or interfere with the conduct of Forest Service business. TCRCD will obtain written permission with Forest Service before any camp, quarry, borrow pit, storage, or service area, other than as shown on Plans, is opened or operated on National Forest land or administered lands. A camp is interpreted to include the campsite or trailer parking area of any employee agent, contractor, Subcontractor or their employees or agents working on the project for TCRCD. Removal. Unless Forest Service authorizes continued use, TCRCD will remove or dispose of all improvements when no longer needed. Should TCRCD fail to remove or dispose of improvements within 6 months after Termination Date, Forest Service may dispose of improvements at TCRCD’s expense or may, upon written notice to TCRCD, assume title to improvements in the name of the United States. In the latter event, TCRCD will not be required to remove such improvements. Protection of Improvements. So far as practicable, TCRCD will protect Specified Roads and other improvements (such as roads, trails, telephone lines, ditches, and fences): (a) Existing in the operating area, (b) Determined to have a continuing need or use, and © Designated on the Project Area Map. TCRCD will keep roads and trails needed for fire protection or other purposes and designated on the Project Area Map reasonably free of equipment and products, slash, and debris resulting from TCRCD’s Operations. TCRCD will make timely restoration of any such improvements damaged by TCRCD’s Operations and, when necessary because of such operations, will move such improvements. Protection of Improvements Not Owned by Forest Service. When TCRCD’s Operations are adjacent to proper-ties of railway, telephone, or power companies, or other property, work will not begin until TCRCD has identified actions necessary to prevent damage. TCRCD will cooperate with the owners of any underground or overhead utility lines in their removal and/or rearrangement operations in order that these operations may progress in a reasonable manner, utility duplication or rearrangement work may be reduced to a minimum, and services will not be unnecessarily interrupted. In the event of interruption to utility services because of accidental breakage or as a result of lines being exposed or unsupported, TCRCD will promptly notify the proper authority and will cooperate with that authority in the restoration of service until the service is restored. Protection of Property. In construction and reconstruction of Specified Roads, TCRCD will not unnecessarily remove, deface, injure, or destroy trees, shrubs, or other natural features, unless specifically authorized. To the extent practicable, TCRCD will confine operations to within the clearing limit or other areas designated in the agreement and prevent the depositing of rocks, excavated materials, stumps, or other debris outside these limits. Material that falls outside these limits will be retrieved, disposed of, or incorporated in the work to the extent practicable and necessary to protect adjacent resource values, unless otherwise agreed. Protection of Land Survey Monuments. TCRCD will protect all known survey monuments, witness corners, reference

of 85


TCRCD Project #:

monuments, and bearing trees against avoidable destruction, obliteration, or damage during TCRCD’s Operations. If any known monuments, corners, or accessories are destroyed, obliterated, or damaged by TCRCD’s Operations, TCRCD will hire the appropriate county surveyor or a registered land surveyor to reestablish or restore at the same location the monuments, corners, or accessories. Such surveyors will use procedures in accordance with the Bureau of Land Management “Manual of Instructions for the Survey of the Public Lands of the United States” for General Land Office surveys and in accordance with State law for others. TCRCD will record such survey in appropriate county records. Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave Resources. Unless agreed otherwise, wheeled or track laying equipment will not be operated in areas identified as needing special measures except on approved roads, landings, tractor roads, or skid trails. Additional special protection measures needed to protect such known areas are identified in the agreement Appendix D. Unless agreed otherwise, trees will not be felled into areas identified as needing special measures. TCRCD will conduct operations in a manner that does not damage or disturb identified areas. In the event that protective measures identified by the Forest Service are for any reason inadequate, Forest Service may delay or interrupt TCRCD’s operations, under this agreement, and/or modify this agreement. TCRCD will immediately notify the Forest Service if its operations disturb or damage any area identified as needing special protection, and will immediately halt its operations in the vicinity of such area until the Forest Service authorizes continued operations. In the event that TC’CD's operations disturb or damage an area identified as needing special protection, then TCRCD will reimburse the Forest Service for the full cost and expense of any evaluative and remedial measures undertaken by the Forest Service in connection with such disturbance or damage. Such payment will not relieve TCRCD from civil or criminal liability under applicable law. Additional areas needing special measures for protection may be discovered or identified; protective measures may be revised or newly prescribed; and, additional species of plants and/or animals may be added to federal lists of protected species. In such event, Forest Service may delay or interrupt TCRCD’s operations, under this agreement, and/or modify this agreement. Discovery, by either TCRCD or the Forest Service, of additional areas, resources, species, or members of species needing special protection will be promptly reported to the other party. Control of Operations. TCRCD’s Operations will be conducted in a workmanlike and orderly manner. Operating Schedule. Subject to Erosion Prevention and Control and when the requirements of Current Operating Areas are met, TCRCD’s Operations may be conducted outside _________ and _________. Protection of Residual Trees. TCRCD’s Operations will not unnecessarily damage young growth or other trees to be reserved. Safety. TCRCD’s Operations will facilitate Forest Service’s safe and practical inspection of TCRCD’s Operations and conduct of other official duties on the Project Area. TCRCD has all responsibility for compliance with safety requirements for TC’CD's employees. In the event that the Forest Service identifies a conflict between the conditions of this agreement or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the agreement will be modified and TCRCD may request an adjustment in Rates to compensate for the changed conditions. Unless otherwise agreed in writing, when TCRCD’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, TCRCD will furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with TCRCD’s Operations. TCRCD and Forest Service will agree to a specific Traffic Control Plan for each individual project prior to commencing operations. Devices will be appropriate to current conditions and will be covered or removed when not needed. Except as otherwise agreed, flagmen and devices will be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Project Area Map, Traffic Control Plan, or in other conditions of the agreement. Sanitation and Servicing. TCRCD will take all reasonable precautions to prevent pollution of air, soil, and water by TCRCD’s Operations. If facilities for employees are established on the Project Area, they will be operated in a sanitary manner. In the event that TCRCD’s Operations or servicing of equipment result in pollution to soil or water, TCRCD will conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service. TCRCD will maintain all equipment operating on the Project Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. TCRCD will not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. TCRCD will 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. TCRCD will remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment. Prevention of Oil Spills. If TCRCD maintains storage facilities for oil or oil products on the Project Area, TCRCD will take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, TCRCD will prepare a Spill Prevention Control and Countermeasures Plan. Such plan will meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. TCRCD will notify Forest Service and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the Project Area that are caused by TCRCD’s employees agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of TCRCD’s Operations. TCRCD will take whatever initial action may be safely accomplished to contain all spills.

of 85


TCRCD Project #:

Hazardous Substances. TCRCD will notify the National Response Center and Forest Service of all releases of reportable quantities of hazardous substances on or in the vicinity of the Project Area that are caused by TCRCD’s employees, agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of TCRCD’s Operations, in accordance with 40 CFR 302. Equipment Cleaning. For purposes of this subsection, “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

(q) TCRCD will adhere to the following requirements with regard to cleaning “Off-Road Equipment”i) Prior to moving Off-Road Equipment onto the Sale Area, TCRCD will identify the location of the equipm’nt's most recent operation. TCRCD will not move any Off-Road Equipment that last operated in an area infested with one or more invasive species of concern onto the Project Area without having cleaned such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and having notified Forest Service, as provided in (iii). If the location of prior operation cannot be identified, then TCRCD will assume that the location is infested with invasive species of concern.

(ii) Prior to moving Off-Road Equipment from a cutting unit that is shown on the Project Area Map to be infested with invasive species of concern to, or through any other area that is shown as being free of invasive species of concern, or infested with a different invasive species, TCRCD will clean such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and will notify the Forest Service, as provided in (iii). (iii) Prior to moving any Off-Road Equipment subject to the cleaning requirements set forth above, TCRCD will advise Forest Service of its cleaning measures and make the equipment available for inspection. Forest Service will have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available. After satisfactory inspection or after such 2 day period, TCRCD may move the equipment as planned. Equipment will be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. TCRCD will not be required to disassemble equipment unless so directed by the Forest Service after inspection. (iv) TCRCD will obtain prior approval from Forest Service as to the location for such cleaning and measures, if any, when it is desirable for TCRCD to clean Off-Road Equipment on National Forest land. The parties will promptly communicate and reach agreement as to how to proceed with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and, addition of species to the list of invasive species of concern. Conduct of Logging. Unless otherwise specifically provided herein, TCRCD will fell trees designated for cutting and will remove the portions which meet Utilization Standards, except for occasional trees inadvertently not cut or trees or pieces not removed for good reason, including possible damage to forest resources or gross economic impracticability at the time of removal of other timber. Logging will be conducted in accordance with the following, unless other agreed conditions set forth requirements to meet special or unusual logging conditions: Felling and Bucking. Felling will be done to minimize breakage of Included Timber and damage to residual timber. Unless agreed otherwise, felling will be done by saws or shears. Bucking will be done to permit removal of all minimum pieces. TCRCD may buck out cull material when necessary to produce pieces meeting Utilization Standards. Such bucked out material will contain a minimum amount of sound wood, not in excess of the net Measure in percentage of gross Measure, or based on the merchantability factor, whichever is stated in Appendix D. If necessary to assess extent of defect, TCRCD will make sample saw cuts or wedges. Felling in Clearings. Insofar as ground conditions, tree lean and shape of clearings permit, trees will be felled so that their tops do not extend outside construction clearings and areas of regeneration cutting. Bucking Lengths. Trees will be bucked in various lengths to obtain the greatest utilization of material meeting Utilization Standards. Limbing. When Forest Service determines it is necessary to minimize damage to the residual stand during skidding, TCRCD will cut exposed limbs from products prior to skidding. TCRCD may leave uncut those limbs that cannot be cut with reasonable safety. Rigging. Insofar as practicable, needed rigging will be slung on stumps or trees designated for cutting. Landings and Skid Trails. Location of all landings, tractor roads, and skid trails will be agreed upon prior to their construction. The cleared or excavated size of landings will not exceed that needed for efficient skidding and loading operations. Skidding on Roads. Products will not be skidded on permanent roads authorized for hauling except by prior written agreement. Arches and Dozer Blades. Skidding tractors equipped with pull-type arches or dozer blades wider than tractor width or C-frame width, whichever is greater, will not be used in residual timber outside Clearcutting Units and other authorized clearings, except on constructed tractor roads or landings, unless there is written agreement that residual timber will not be damaged materially by such use. Streamcourse Protection. “Streamcourses” that are subject to provisions of this Section are shown on the Project Area Map. Unless otherwise agreed, the following measures will be observed to protect Streamcourses: (a) TCRCD’s Operations will be conducted to prevent debris from entering Streamcourses, except as may be authorized under paragraph (d). In event TCRCD causes debris to enter Streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, TCRCD will remove such debris as soon as practicable, but not to exceed 2 days, and in an agreed manner that will cause the least disturbance to Streamcourses. (b) Culverts or bridges will be required on Temporary Roads at all points where it is necessary to cross Streamcourses. Such facilities will 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 will not be otherwise hauled or yarded across Streamcourses unless fully

of 85


TCRCD Project #:

suspended. (c) Wheeled or track-laying equipment will not be operated in Streamcourses, except at crossings approved by Forest Service or as essential to construction or removal of culverts and bridges. (d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for TCRCD’s planned construction and Forest Service gives written authorization. Such flow will be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season. Erosion Prevention and Control. TCRCD’s Operations will be conducted reasonably to minimize soil erosion. Equipment will not be operated when ground conditions are such that excessive damage will result. TCRCD will adjust the kinds and intensity of erosion control work done to ground and weather conditions and the need for controlling runoff. Erosion control work will be kept current immediately preceding expected seasonal periods of precipitation or runoff. If TCRCD fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, TCRCD will make additional deposits on request by Forest Service. Meadow Protection. Reasonable care will be taken to avoid damage to the cover, soil, and water in meadows shown on the Project Area Map. Vehicular or skidding equipment will not be used on meadows, except where roads, landings, and tractor roads are approved. Unless otherwise agreed, trees felled into meadows will be removed by endlining. Resulting logging slash will be removed where necessary to protect cover, soil, and water. Wetlands Protection. Wetlands requiring protection under Executive Order 11990 are shown on the Project Area Map. Vehicular or skidding equipment will not be used in such wetlands, except where roads, landings, and tractor roads are approved. Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, TCRCD will employ such measures as outsloping, drainage dips, and water-spreading ditches. After a Temporary Road has served TCRCD’s purpose, TCRCD will give notice to Forest Service and will remove bridges and culverts, eliminate ditches, outslope roadbed, remove ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing terrain conditions, and build cross ditches and water bars, as staked or otherwise marked on the ground by Forest Service. When bridges and culverts are removed, associated fills will also be removed to the extent necessary to permit normal maximum flow of water. Landings. After landings have served TCRCD’s purpose, TCRCD will ditch and slope them to permit water to drain or spread. Unless agreed otherwise, cut and fill banks around landings will be sloped to remove overhangs and otherwise minimize erosion. Skid Trails. TCRCD will construct cross ditches and water-spreading ditches on tractor roads and skid trails, where staked or otherwise marked on the ground by Forest Service. By agreement, TCRCD may use other comparable erosion control measures, such as backblading skid trails, in lieu of cross ditching. Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed otherwise, TCRCD will, 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 will be provided, prior to __________, 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 during _________ and _________ TCRCD will keep such work on any additional disturbed areas as up to date as practicable. Erosion Control Structure Maintenance. During the period of this agreement, TCRCD will provide maintenance of soil erosion control structures constructed by TCRCD until they become stabilized, but not for more than 1 year after their construction. TCRCD will not be responsible for repair of such structures damaged by other National Forest users whose activities are not a part of TCRCD’s Operations. Slash Disposal. TCRCD’s timing of product removal and preparatory work will not unnecessarily delay slash disposal. Scaling. “Scaling,” as used herein, involves: (a) Various volume determination methods, such as log rule, sampling, measuring, linear measuring, counting, weighing, or another method or combination of methods; (b) Various sites, such as truck Scaling stations, rollways, weighing stations, woods landings, water Scaling stations, or other sites; an©(c) Various geographic locations. Scaling Services. Scaling services shall be performed by Forest Service personnel or parties under contract to Forest Service, except that weighing services may be performed by personnel or parties approved by Forest Service. Scaling shall be provided in accordance with the instructions and specifications. Scalers shall be currently certified to perform accurate Scaling services. The Scaling services provided shall be selected exclusively by Forest Service. Scaling services may be Continuous, Intermittent, or Extended. “Continuous Scaling Services” is Scaling at one site five (5) 8-hour shifts a week, exclusive of Sundays and Federal holidays. “Intermittent Scaling Services” are non-continuous Scaling services. “Extended Scaling Services” are Scaling services exceeding Continuous Scaling Services and may include Sundays and designated Federal holidays. Upon written request of TCRCD and approval of Forest Service, Forest Service may provide other services, such as but not limited to grading, tagging, or marking of Scaled logs. Scaling Adjustments. Forest Service shall check the accuracy of the Scaling performed on National Forest logs. Scaling will be satisfactory if performed within the accuracy standards stated in governing instructions. In the event Forest Service check Scale(s) shows a variance in net Scale in excess of the allowable variance, an adjustment to volume reported Scaled may be made by Forest Service. Such adjustment will be based on the difference between Forest Service check Scale(s) and original Scale for agreement volume Scaled within the adjustment period. The volume to which this difference will be applied will be:

of 85


TCRCD Project #:

(a) One-half of the volume Scaled between the last satisfactory check Scale and the first unsatisfactory check Scale or, if a period of 120 days or more occurs without Scaling National Forest timber for stumpage, the adjustment will be applied to 100 percent of the volume Scaled after this period and (b) 100 percent of the volume Scaled between unsatisfactory check Scales and (c) One-half of the volume Scaled between the last unsatisfactory check Scale and the next satisfactory check Scale, or if no satisfactory check Scale is completed and a period of 120 days or more occurs without Scaling of National Forest timber for stumpage, the adjustment will be applied to 100 percent of the volume Scaled since the last unsatisfactory check Scale. Adjustments may increase or decrease the original Scaled volume. Adjustments will be applied to Integrated Resource Account to correct charges for Included Timber, plus deposits, Scaled during the adjustment period. Delayed or Interrupted Scaling Services. In the event Scaling services are delayed or interrupted, TCRCD will discontinue hauling. TCRCD further agrees that no logs will be presented for Scaling outside agreed upon Scaling services schedule. Weighing Services. Weighing services for stumpage payment purposes may be provided by either public or privately owned and operated weighing facilities. A “Weighing Services Agreement,” approved by the Forest Supervisor, must be executed at each weighing facility providing weighing services. Scales used to weigh National Forest products for payment purposes must be a currently certified scale in accordance with State law and be capable of weighing the entire load of logs in a single operation. The weighing of less than the entire load or weighing two loads at once is prohibited. Unless otherwise agreed, the minimum sized weighing facility shall be a 60-ton capacity scale with a 10 foot by 70 foot platform or larger. The weighmaster must work in a position where it is possible to verify that the truck wheels are on or off the scales. Weighing facilities shall meet the following minimum requirements: (a) Be an electronic design, (b) Use electronic load cells or have a fully enclosed and sealed weigh-b©, (c) Have digital weight meters sealed with a seal approved by the State, (d) Have a zero interlocking device on the printer, (e) Have an automatic zero-setting mechanism, (f) Have an automatic motion-detecting device, (g) Be shielded against radio or electromagnetic interference, and (h) Have a date and time stamp and gross and tare weights that print electronically with each weighing. Forest Service may waive electronic printing for public or third party weighing facilities. TCRCD will bear all charges or fees for weighing services. Presentation for Scaling. TCRCD will present products so that they may be Scaled in an economical and safe manner. If prior to Scaling, Included Timber is to be mixed with other timber, TCRCD will, prior to mixing, provide for distinguishing, by means approved by Forest Service, each product included in this agreement. Trees or pieces presented for Scaling that have not been bucked to separate material meeting minimum piece standards from material not meeting minimum piece standards due to diameter, will be Scaled as though such bucking had been done. Deductions made for rot, check, or other defects resulting from abnormal delay in Scaling caused by TCRCD will be recorded separately and charged to Integrated Resource Account. Any timber that has been removed from Project Area during the period of this agreement, but remains unscaled after agreement termination, will be Scaled at the earliest reasonable date. Scaling Other Products. The Scaled volume of material presented for Scaling in forms other than those stated in D2, when appropriate, will be converted to the D2 unit of measure by the application of standard converting factors and procedures in effect at the time the agreement was signed. Other converting factors may be used by written agreement. Accountability. When Scaling is performed away from the Project Area, products will be accounted for in accordance with Forest Service written instructions or an Accountability Agreement between Forest Service and TCRCD and as follows: (a) TCRCD will plainly mark or otherwise identify products prior to hauling; (b) Forest Service will issue removal receipts to©RCD; (c) TCRCD will assign a competent individual at the landing to complete removal receipts and attach them to each load of products removed from the Project Area; (d) Removal receipts will be returned to Forest Service at periodic intervals; (e) When products are in transit, the truck driver will possess or display removal receipt and show it upon request as evidence of authority to move products; (f) The scaler’s portion of removal receipt will be surrendered at point of Scaling, the unloading point, or as requested by Forest Service; and (g) TCRCD will notify Forest Service of lost or off-loaded logs and their location within 12 hours of such loss. TCRCD will not place products in storage for deferred Scaling until an accountability system has been agreed to in writing for a stated period. Route of Haul. TCRCD will furnish a map showing the route of haul over which unscaled products will be transported from the Project Area to the approved Scaling location. Such route of haul will be the shortest, most economical haul route available between the points. TCRCD will notify Forest Service when a load of products, after leaving the Project Area, will be delayed for more than 12 hours in reaching Scaling location. TCRCD will require truck drivers to stop, if requested by Forest Service, for the following reasons: (a) For accountability checks when products are in transit from the Project Area to the designated Scaling location or (b) For a remote check Scale when products are in transit after being truck Scaled at the designated Scaling location. TCRCD and Forest Service will agree to locations for accountability checks and remote check Scales in advance of haul. Such locations will be established only in areas where it is safe to stop trucks.

of 85


TCRCD Project #:

Product Identification. For agreements west of the 100th meridian, before removal from the Project Area, unless Forest Service determines that circumstances warrant a written waiver or adjustment, TCRCD will: (a) Hammer brand all products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter (b) West of the 100th meridian, paint with a spot of highway-yellow paint all domestic processing products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter. Each paint spot will be not less than three (3) square inches in size. Forest Service shall assign brands and, if Project Area is within a State that maintains a log brand register, brands will be registered with the State. TCRCD will use assigned brand exclusively on logs from this agreement until Forest Service releases brand. TCRCD will furnish and apply highway-yellow paint of a lasting quality (oil-base or equivalent). All hammer brands and/or highway-yellow paint will remain on logs until they are domestically processed. TCRCD will replace identifying marks if they are lost, removed, or become unreadable. TCRCD may remanufacture products into different log lengths. Except for logs remanufactured as part of the mill in-feed process immediately before processing, remanufactured products will be rebranded with the assigned agreement brand and repainted with highway-yellow paint, unless otherwise agreed to in writing by Forest Service. For such remanufactured products, Forest Service may approve use of a brand to be used exclusively as a catch brand, in lieu of the assigned agreement brand. Scaling Lost Products. The volume of lost products will be determined by the best methods currently available, using data from the records for the period in which the loss occurred or the most applicable period if loss should occur substantially after cutting. In the absence of specific information indicating size or species of lost products, species distribution and volume for entire truckloads will be assumed to be the same as the average volume. Scaled per truck during the report period, and for individual products it will be assumed that the volume and species were the average volume of the highest priced species Scaled during the report period. Scaling Lost Sample Loads. If Scaling is being done by sampling loads of logs, TCRCD will present such sample loads for Scaling by Forest Service. If loads of logs selected to be sample Scaled are placed in the decks before they are Scaled, they will be considered as lost sample loads. It will be difficult, if not impossible, to determine the volume and species contained in such loads for payment purposes. Therefore, lost sample loads will be deemed to have a Scale volume and species composition equal to that of the highest value load Scaled during the sampling period, as established by Forest Service. If no sample loads were Scaled during the period, the Scale data for the high valued load will be taken from the most current preceding sampling period with Scale. Sample loads lost as a result of Forest Service actions will be treated as non-Scaled loads. Use of Timber. (a) This agreement is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 USC 620, et seq.). (b) Unprocessed Included Timber will not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by TCRCD or any person as defined in the Act (16 USC 620e). (c) Timber in the following form will be considered unprocessed: (i) Trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use; (ii) Lumber, construction timbers, or cants intended for remanufacturing not meeting standards defined in the Act (16 USC 620e); and (iii) Aspen or other pulpwood bolts exceeding 100 inches in length. (d) Unless otherwise agreed in writing, unprocessed Included Timber will be delivered to a domestic processing facility and will not be mixed with logs intended for export. (e) Prior to award, during the life of this agreement, and for a period of 3 years from Termination Date, TCRCD will furnish to Forest Service, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by TCRCD or affiliates. (f) Prior to delivering unprocessed Included Timber to another party, TCRCD will require each buyer, exchangee, or recipient to execute an acceptable agreement that will: (i) Identify the Federal origin of the timber; (ii) Specify domestic processing for the timber involved; (iii) Require the execution of such agreements between the parties to any subsequent transactions involving the timber; (iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable; and (v) Otherwise comply with the requirements of the Act (16 USC 620d). (g) No later than 10 days following the execution of any such agreement between TCRCD and another party, TCRCD will furnish to Forest Service a copy of each such agreement. TCRCD will retain, for 3 years from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber. (h) Upon request, all records dealing with origin and disposition of Included Timber will be made available to Forest Service.

of 85


TCRCD Project #:

APPENDIX B MAP OF STEWARDSHIP PROJECT AREA

of 85


TCRCD Project #:

APPENDIX C FINANCIAL PLAN

[Instructions: Complete the financial plan to display the total project value.]

© (a) (b) (c) (d) (e) (f) (g) Forest

Service Value

of Cash TCRCD

Value of

Cash Contributions

Non-Cash

Forest Products

To In-Kind Third Party

Cost Elements Contrib. To Reimburse

TCRCD expenses

TCRCD Contrib. Contrib Non-Fed

Federal Subtotal

Salaries/Labor Timber Culvert

replacement

Weed Treatment Supplies/Materials

Subtotal Indirect Costs

Total 1 (h)

1See the Schedule of Items, Exhibit E, for a break down of these costs.

Costs Determination Percent Reimbursement Calculation Total Forest Service Share = (i) Forest Service reimbursement percent (m) (a+b+c) ÷ (h) = © ____ % (c) ÷ (c+d+f+g) = (m) ____% Third Party Cash Contribution Federal = (j) TCRCD expenses not reimbursed by Forest Service (n) (g) ÷ (h) =(j) ____ % (d+f+g) ÷ (c+d+f+g) = (n) ____% Total Federal Share (k) (i+j) = (k) ____% Reimbursable Amount = Total actual cost incurred to date (sum of cost element’ from the TCRCD's invoice as prescribed in provisions * _____ and * _____ ) multiplied by _____% (m),

minus any previous Forest Service payments, not to exceed the total amount©sted in column (c). Total TCRCD Share = (l) (d+e+f+g) ÷ (h) = (l) ____% Total (k+l) = 100 %

* Note: all costs need to be broke down to match what is showing in the chart above. a). Forest Service Contribution: Forest Service employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total

Forest Service indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Forest Service. b). Value of Forest Products to Reimburse TCRCD Expenses: The value of timber or other forest products such as, but not limited to biomass, seed,

forage, fungi, and Christmas trees available for reimbursement of TCRCD’s expenses. c). Cash to TCRCD: The figure(s) listed here are both the maximum Forest Service funds to be obligated for reimbursement and TCRCD expenses that are

not included anywhere else on this form. This is an expense to the Forest Service. d). TCRCD Contribution: TCRCD employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total TCRCD indirect

cost (overhead) is also included in this column. All the costs listed here are an expense to TCRCD. e). Value of TCRCD In-Kind Contribution: TCRCD noncash contributions provided toward completion of the project for which TCRCD has incurred no

expense. These contributions can be made from TCRCD or through TCRCD by other entities and include such items as volunteer labor, donated materials, equipment, supplies, etc.

f). Third Party Cash Contribution Non-Federal: Cash contribution provided to TCRCD from Non-Federal organization(s) for use in the project. Display

these contributions by Cost Element expenditures.

of 85


TCRCD Project #:

g). Third Party Cash Contribution Federal: Cash contribution provided to TCRCD from Federal agency(ies) for use in the project. Display these

contributions by Cost Element expenditures. h). Estimated Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project.

of 85


TCRCD Project #:

APPENDIX D TIMBER REMOVAL SPECIFICATIONS

[Instructions: Complete this section when timber removal is anticipated. Include scaled or tree measurement specifications, as appropriate.] D1 – Location and Area - Also refer to Appendix B

This Project Area of acres more or less is located in:

D2 – Volume Estimate and Utilization Standards

Minimum Specifications Merchantable Tree Piece Required to be Removed

Species Product Estimated Quantity

Unit of Measure

Diameter Breast High

(d.b.h.)

(inches)

Number of

Minimum Pieces

per Tree

Length

(feet)

Diameter Inside

Bark at Small End

(inches)

1/

Total Quantity 1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate. [Insert the following language for scaled measurement.] To meet minimum tree specifications, trees must equal or exceed tree diameters listed above and contain at least one minimum piece. TCRCD shall fell and buck such trees and shall remove them from the Project Area and present for scaling all pieces that meet minimum piece standards or would have qualified as part of minimum pieces if bucking lengths were varied to include such material. [Insert the following language for tree measurement.] To meet minimum tree specifications, trees must equal or exceed tree diameters listed above and contain at least one minimum piece. TCRCD shall fell and buck such trees and shall remove them from the Project Area all pieces that meet minimum pieces standards or would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

of 85


TCRCD Project #:

D3 – Timber Designations Number Acres

Clearcutting Units

Specified Road Clearing Overstory Removal Units Understory Removal Units Individual Trees Incompletely Marked Timber

of 85


TCRCD Project #:

D4 – Timber Payment Rates- Flat Rates

Species Product Unit of

Measure Rate per Unit of

Measure Required Deposits

Slash Disposal

[Insert the following language for scaled measurement] Included timber that is removed by TCRCD and presented for scaling in the product form stated in D2 shall be paid for with cash or earned stewardship credits for at the rates listed above. [Insert the following language for tree measurement.] D4.1 – Schedule of Payment Units

Payment Unit Number

Approximate Acres Species

Product

Quality

Unit Of

Measure

Total Flat Rate Payment

Total RequiredDepositsFor SlashDisposal

Included timber that is released for cutting shall be paid for with cash or earned stewardship credits for at the rates listed above.

of 85


TCRCD Project #:

D5 – High Stumps

Species Product Maximum Stump Height

(inches)

Stump Heights shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth above, except that occasional stumps of greater heights are acceptable when TCRCD determines that they are necessary for safe and efficient conduct of logging. Unless otherwise agreed, TCRCD shall re-cut stumps so they will not exceed heights specified above and shall dispose of severed portions in the same manner as other logging debris. D6– Specified Roads

Name and Date of Governing Road Specifications:

Performance Responsibility Project

Road No. Name Design Class

Approx.Length

(mi./km.)

Sheet Numbers and

Approval Date Survey Design Const.

Staking

of 85


TCRCD Project #:

[Insert the following table for scaled measurement.] D7 – Scaling Instructions and Specifications

Name and Date of Governing Instructions:

Scaling Specifications

Trim Allowance

Species Product

Maximum Scaling Length (feet)

Diameter Range

(inches)

Length Range (feet)

Trim Allowance

(inches)

[Insert the following tables for tree measurement.] D7– Measuring The estimated volume of timber in D2 has been determined by standard procedures described in FSH 2409.12, Timber Cruising Handbook. The following table describes the type of cruising method used to determine quanties.

Payment Unit / Cutting Unit Cruising Method

Estimated quantities of timber subsequently included by agreement not previously measured will be determined using standard cruise methods as described in FSH 2409.12. Timber Cruising Handbook, or, if attached, using the Additional Volume Calculation Table based on information generated from the timber sale cruise.

of 85


TCRCD Project #:

Additional Volume Calculation Table _____________________Stewardship Project

Unit#: Date: Measured by:________________________

Note: Volumes in this table are taken from a volume table generated using cruise data specific to this project.

This Table is not valid for any other project.

Species

Diam. Class (DC)

Diameter Range

Net CF Volume Per Tree

Total # Trees inDiam. Class (DC)

Expanded DC Volume (# Trees x

Tree Volume)

Tree Tally/Comments

Total

Note: “Volume Regression Program” version 2.0 was used. Table developed by:__________________________________

Enter instructions for species (live and dead) where sufficient cruise data was not available to develop valid regressions for certain species or diameter class.

Species

Live Or

Dead DBH

Total Height

Defect

Volume from FS Cruiser, OUT file

Note: Attach FSCruiser cruise output file to this form to complete additional volume documentation.

of 85


TCRCD Project #:

D8 – Advance Deposits TCRCD agrees to make cash deposits in advance of cutting to meet charges in the Integrated Resource Account. These deposits may be in the form of cash, acceptable payment bond, earned stewardship credit or any combination thereof. Advanced deposits will be in such amounts as to maintain an unobligated balance sufficient enough to cover the value of timber to be cut. Forest Service and Cooperator will agree on a systematic approach to provide sufficient advanced deposits. If the credit balance in the Integrated Resource Account is less than the amount due for timber, the Forest Service will suspend all or any part of TCRCD operations until payment or acceptable payment guarantee is received.

D9 – Title Passage [Insert the following language for scaled measurement.]

All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been cut, Scaled, removed from the project area or other authorized cutting area, and paid for, at which time title shall then vest in TCRCD. Timber cut under cash deposit or acceptable payment guarantee shall be considered to have been paid for. Title to any Included Timber that has been cut, Scaled and paid for, but not removed from the project area or other authorized cutting area by TCRCD on or prior to the Termination Date, shall remain in Forest Service. [Insert the following language for tree measurement.] All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been Measured, paid for, and removed from the project area or other authorized cutting area, and paid for, at which time title shall then vest in TCRCD. Timber in Payment Units released for cutting covered by cash deposit or payment guarantee shall be considered to have been paid for. Title to any Included timber that has been Measured and paid for, but not removed from the project area or other authorized cutting area by TCRCD on or prior to the Termination Date, shall remain in Forest Service.

D10– Liability for Loss [Insert the following language for scaled measurement.]

If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from the project area, but before scaling, shall be borne by TCRCD at Timber Payment Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event. [Insert the following language for tree measurement.] If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by TCRCD, unless TCRCD is prevented from removing such timber as agreed by Forest Service. Deterioration or loss of value of salvage timber is not an unexpected event. [Insert the following language for both forms of measurement.] In the event Included Timber to which Forest Service holds title is destroyed, TCRCD will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, the Forest Service shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Timber Payment Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for the Forest Service to supply, or for TCRCD to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

of 85


TCRCD Project #:

D11– Fire Precautionary Period

Specific fire precautionary measures are set forth below. Upon request of Forest Service, TCRCD shall permit and provide an individual to assist in periodic testing and inspection of required fire equipment shall promptly remedy deficiencies found through such inspecting and testing. The following requirements shall apply between________________ and __________________, and during other such periods as specified by Forest Service. State Fire Laws. Where State laws provide specific requirement, these requirement must also be met. Smoking and Lunch fires. TCRCD shall prohibit smoking and the building of fires by persons engaged in TCRCD’s operations, except at established camps and shall enforce this prohibition by all means within TCRCD’s power. Forest Service may, on written request of TCRCD, designate places where (1) campfires may be built for the purpose of heating lunches, or (2) smoking may be permitted. Such designated places shall be cleared of flammable material to mineral soil prior to use. Debris Around Structures. TCRCD shall clear and maintain an area free of flammable material for a distance not less than 15 feet from buildings, tents, and other structures connected with TCRCD’s operations. Furnishing of Tools. TCRCD shall furnish sufficient fire tools of a kind and type satisfactory for fire suppression to equip persons engaged in TCRCD’s operations. Fire tools shall be used only for suppressing wildfires. Tools shall be stored in fireboxes provided by TCRCD and readily available to employees. Each toolbox shall be marked “Tools for Fire Only.’ Painted red and kept sealed. Fire tools on Equipment. Each tractor, power skidder, power loader, and motor truck shall be equipped with one size 0, or larger round-pointed shovel. Shovels shall be so placed on the machines that they can be readily obtained at all times. Spark Arresters. Each gasoline or diesel internal combustion engine, except power saws, shall be equipped with a spark-arresting device which has been approved by Forest Service. After installation, spark-arresting device shall be kept in a satisfactory working condition.

Powersaws. Each gasoline powersaw shall have a spark-arrester muffler affixed and in good working condition. Said spark-arrester muffler shall be of the construction and maintained to the standards approved by Forest Service. In addition, one chemical pressurized fire extinguisher of not less than 8-ounce capacity, by weight, and one size 0, or larger, round-pointed shovel shall also be provided. The spark-arrester muffler, extinguisher, and shovel shall be maintained in good working condition al all times. The shovel and extinguisher shall be readily available. Blasting. The use of fuses and detonating cord in blasting shall not be permitted. During the period specified above blasting shall be permitted as follows:

A. When the predicted Condition Class reaches 3 (High), a watchman shall patrol the blasting area for a least 1 hour following blasting. The watchman shall have available for immediate use a standard fire shovel and a 5-gallon water filled backpack pump.

A. When the predicted Condition Class reaches 4 (Very High), blasting shall be restricted to cleared areas and terminated daily by 11

a.m. local time. The watchman requirements shall be as in item A above. B. Blasting operations may be terminated when the predicted fire danger reaches extreme conditions. Gasoline and Oil Storage. Gasoline, oil, grease, or other highly flammable material shall be stored in a separated building (or on site where all flammable debris has been cleared away within a radius of 25 feet). Storage buildings (or sites) shall be a minimum distance of 50 feet from other structures. A suitable shovel, and dry sand in a covered container of not less than 25-gallon capacity (or a fire extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires), shall be placed at each gasoline and oil shed, or other motor-fueling station. Mobile servicing units shall be equipped with a fire extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires.

of 85


TCRCD Project #:

Camp Hazards. Stoves, stovepipes, chimneys, and electric wiring shall be located and maintained to the safety standards set forth in applicable sections of the Forest Service Health and Safety Code, dated march 1970, as revised. Burning Plan. No slash burning shall be started by TCRCD without obtaining Forest Service approval of a written burning plan and also obtaining a burning permit from the Forest Service.

of 85


TCRCD Project #:

of 85

APPENDIX E SCHEDULE OF ITEMS

[Instructions: Complete this form when forest products will be exchanged for services.]

Item Number Description Method of Meas.

Unit Quantity Unit Price $

Total $

APPENDIX F

STEWARDSHIP CREDITS - MONTHLY TRACKING


TCRCD Project #:

APPENDIX G STEWARDSHIP CREDITS - MONTHLY BALANCE

of 85


TCRCD Project #:

ATTACHMENT E STEWARDSHIP PARTICIPATING AGREEMENT SUPPLEMENTAL PROJECT AGREEMENT (SPA)

# (Insert SPA agreement #) Between the

TRINITY COUNTY RESOURCE CONSERVATION DISTRICT and the

USDA FOREST SERVICE, SHASTA-TRINITY NATIONAL FOREST Tiered to MASTER

STEWARDSHIP PARTICIPATING AGREEMENT 09-PA-11051400-033

*[Insert name of stewardship project]

This Stewardship Challenge Cost Share Supplemental Project Agreement (SPA) is hereby entered into by and between the Trinity County Resource Conservation District., hereinafter referred to as TCRCD, and the USDA Forest Service, Shasta-Trinity National Forest, hereinafter referred to as the Forest Service, as specified under the provisions of Master Stewardship Participating Agreement # 09-PA-11051400-0XX under the provisions of the Cooperative Funds and Deposits Act of December 12, 1975, Pub. L. 94-148, 16 U.S.C. 565a1 – a3 as amended by P.L. 110-161, Consolidated Appropriations Act 2008. and/or Wyden Amendment, Section 323(a) of the Department of Interior and Related Agencies Appropriations Act, 1999 as included in P.L. 105-277, Div. A., Section 101 (e) as amended by P.L. 107-63, Sec. 330 and the Consolidated Appropriations Resolution, 2003, Public Law 108-7, sec 323, amending Public Law 105-277, sec. 347. (Stewardship Authority). Note: If Retained Receipts have the potential of exceeding the “value of service” and/or if there are required cash deposits, authorization for collections must be authorized by citing the Cooperative Funds Act of 1914. Background: *[Provide information on why the parties decided to enter into this stewardship project supplemental agreement (SPA). Give some history on the stewardship project area, why this area was chosen, and what the parties intend to accomplish.] II. PURPOSE The purpose of this Stewardship Project Supplement is to document the cooperative effort between the parties to (Include the purpose i.e. enhance and restore wildlife habitat) within the Stewardship Project Supplement area in accordance with the following provisions and the hereby incorporated Appendices.

Appendix A TCRCD Technical Project Proposal Exhibit A Technical Proposal Example Language- W/O Timber Exhibit B Technical Proposal Example Language- With Timber Appendix B Map of Stewardship Project Area Appendix C Financial Plan Appendix D Timber Removal Specifications Appendix E Schedule of Items

of 85


TCRCD Project #:

Appendix F Stewardship Credits – Monthly Tracking Appendix G Stewardship Credits – Monthly Balance

II. TCRCD SHALL: In coordination with the Forest Service, prepare and submit for review and approval, a Technical Project Proposal, Appendix A, which shall address agreed upon land management activities within in the Stewardship Project Area, Appendix B, for the proposed operating season. The technical project proposal shall abide by all laws and regulations pertaining to the management and protection of National Forest System (NFS) lands and adhere to environmental document decision and all mitigation identified in the environmental document for the project area. Exhibit A provides example language that TCRCD may use as a guideline in preparing the Technical Proposal. At a minimum, the proposal will address the following: B. Collaborate with the Forest Service to develop Technical Project Proposals, with detailed

descriptions of the following:

1) Project description 2) Operating Plan 3) Experience 4) Work Plan 5) Resource (people, equipment) 6) Quality Control 7) Safety Plan 8) Communication Plan

May also include the following if Timber Removal is proposed:

9) Road Maintenance 10) Erosion prevention and control 11) Protection of improvements 12) Protection of land survey monuments 13) Protection of plants, animals, cultural resources and cave resources 14) Protection of residual trees 15) Sanitation and servicing 16) Prevention of oil spills 17) Washing equipment 18) Meadow protection 19) Wetlands protection 20) Stream course protection 21) Temporary roads 22) Safety 23) Use of premises (camps, quarry, pits, etc.)

III. THE FOREST SERVICE SHALL:

of 85


TCRCD Project #:

E. Review the Technical Proposal and work with TCRCD to make any necessary changes prior to

mutual SPA approval.

F. In coordination with TCRCD, complete a Schedule of Items (Appendix E).

G. Collaborate with TCRCD to provide a completed Appendix D, Timber Removal Specifications, when timber is exchanged for services. This Appendix at a minimum shall include:

14.) Location of project area 15.) Volume estimates and Utilization Standards 16.) Timber Designations and unit boundary descriptions 17.) Timber Payment rates 18.) Schedule of Payment Units 19.) Stump height 20.) Specified roads 21.) Measurement instructions (scaled or tree measurement) 22.) Advance payment requirements 23.) Title Passage 24.) Liability for Loss 25.) Fire precautions 26.) Other requirements of the environmental document or for safety

H. ADVANCE PAYMENT. The TCRCD is approved to submit requests for advance payments on

a *[ monthly, quarterly, semi-annual, a lump-sum] basis, for the Forest Service’s proportionate share *[XX] percent of anticipated actual expenses, not to exceed *[$XX,XXX], reduced by program income, and other Federal and nonfederal cash contributions, as shown in the incorporated Financial Plan. If program income generated from the project exceeds the cooperator’s actual expenses, the Forest Service share is zero. The Forest Service will make advance payment upon receipt of an invoice. The first invoice may request an advance based upon estimated cost no to exceed 30 days expenditures. Each subsequent invoice shall display the cooperator’s (1) additional advance funding, if needed, and (2) the actual expenses incurred to date of the invoice (not just the Forest Service share of actual expenditures), displayed by separate cost elements as documented in the Financial Plan, less program income and other Federal and nonfederal cash contributions and previous Forest Service payments. Any funds advanced, but not spent, upon expiration of this instrument shall be returned to the Forest Service. The invoice should be forwarded as follows:

The invoice shall be sent to:


of 85


TCRCD Project #:



I. *[Insert the following provision if the Forest Service intends to reimburse TCRCD with

appropriated funds.

PAYMENT/REIMBURSEMENT. Reimburse TCRCD for the Forest Service's proportionate share *[XX] percent of actual expenses incurred, not to exceed *[$XX,XXX], as shown in the SPA Financial Plan. The Forest Service will make payment on receipt of TCRCD’s *[monthly, quarterly, semi-annual, a lump-sum] billings. Each invoice from TCRCD shall display the total project costs to date of the invoice, separated by Forest Service and TCRCD share. In-kind contributions shall be displayed as a separate line item and will not be included in the total project costs. The final invoice from TCRCD will be submitted no later than 90 days from the expiration date. The invoice shall include, at a minimum: 8. TCRCD name, address, and telephone number. 9. Forest Service SPA number. 10. Invoice date. 11. Dates of performance the invoice covers. 12. Total invoice amount. 13. Total project costs to date. 14. Tax ID Number (VIN). The invoice shall be sent to:




of 85


TCRCD Project #:

IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:

J. TCRCD’s approved Technical Proposal, Appendix A is incorporated and made a part of this SPA. K. The performance period for this SPA is the date of last signature through *[XXDATE]. L. Any changes to this SPA will be mutually approved between the parties and incorporated into this

SPA through formal modification. M. The parties will comply with the Forest Service’s Environmental Management System (EMS)

which is a systematic approach to improving environmental performance by identifying activities and environmental impacts that occur on NFS lands. The Forest Service will provide TCRCD with details for compliance.

N. TCRCD will report to the Forest Service stewardship credits earned, [every two weeks / monthly /

quarterly]. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity. Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service.


O. TCRCD shall submit to the Forest Service on an agreed upon schedule ((bi-weekly, monthly or

quarterly basis), a detailed summary of completed work. Upon receipt of TCRCD’s summary, the Forest Service will enter the value of the completed and accepted work into the Integrated Resource Account (IRA). A copy of the IRA will be provided to TCRCD each time it is updated. The summary shall include, at a minimum:

1. TCRCD name, address, and telephone number. 2. Forest Service SPA number. 3. Date of the reporting period. 4. Activity number. 5. Activity description. 6. Unit of measure and value earned. 7. Total value of completed project(s) for the reporting period.

*[Include when stewardship credits are anticipated.] P. An IRA will be used as a tracking system for payments, stewardship credits, and cash deposits. The

Forest Service project contact for that activity is responsible for communicating on the ground accomplishments to Forest Service Contact for Timber Removal for input into the IRA.


Q. The Forest Service will issue an IRA summary Stewardship Credit activity report to TCRCD upon

receipt of TCRCD’s earned stewardship credit summary.

of 85


TCRCD Project #:


R. The individuals listed below are authorized to act in their respective areas for matters related to this

SPA. In their absence, a designated official acting on their behalf will be the authorized representative.

TCRCD Project Contacts Forest Service Project Contacts *[XXActivity Name (i.e. Timber Removal)]




Title/Role/Responsibility: *[Describe the Contact’s responsibility. * As a minimum, when timber is being removed this individual must be a Certified Contracting Officer.}





*[XX]Activity Name Name Address City, State zip Phone Email




of 85


TCRCD Project #:

The authority and format of this SPA has been reviewed and approved for signature.

Insert Name, Grants & Agreements Specialist Date

Timber disposal activities within this SPA have been reviewed and determined to be legal and are authorized.

Insert Contracting Officer’s name, Timber Sale Contracting Officer

Date

In witness whereof, the parties have executed this SPA as of the last date written below. COLLEEN O’SULLIVAN, Chairman, Board of Directors Trinity County Resource Conservation District

DATE

J. SHARON HEYWOOD, Forest Supervisor USDA Forest Service, Shasta-Trinity National Forest

DATE

of 85


TCRCD Project #:

APPENDIX A TCRCD TECHNICAL PROJECT PROPOSAL

(Needs to be sent to the Regional Forester (or their assigned designee) for review and approval when project involves expenditures of retained receipts)

of 85


TCRCD Project #:

EXHIBIT A to APPENDIX A

Sample Technical Proposal that does not include removal of timber.

Overview Describe in general what you propose to do under this proposal, i.e. We propose to complete items X through XX on the Annual Operating Plan in the following manner.

Introduction Describe how you are uniquely qualified to do this work by addressing the following:

1. The extent of mutual interest and benefit, including public education and interpretation opportunities.

2. The advantages and effectiveness of mutual participation. 3. Factors relevant to cost such as volunteer participation, contributions from other parties, cost

sharing, etc. 4. Experience in performing similar work. 5. Ability to conduct work in an environmentally sound manner.

Enhanced Employment

Local Hires: Explain how you plan to enhance employment through local hiring. Community Enhancement: Explain how your existence in the community enhances it, i.e. payroll/procurement gives back to local community; relationships developed with other members of the business community, etc.

Detailed Work Plan 1. Division of tasks:

a) COOPERATOR will perform the following tasks utilizing XX personnel. b) COOPERATOR will subcontract the following tasks. c) COOPERATOR will complete the following work with volunteers, etc.

2. Prioritization of work: Describe how work will be prioritized & what happens in case of fire or

other emergency.

Supervisors Identify your supervisor & the work each will oversee.

Weather Describe if you will be monitoring fire weather & what you will monitor.

Fire Planning & Patrol If this is necessary, describe how it will be accomplished.

of 85


TCRCD Project #:

Safety Plans

Traffic Plan: If this is necessary, describe how it will be accomplished. Fire Plan: Training: Describe any training to be provided to personnel & what standards that training will meet. Equipment: Describe any fire equipment you will have available on the project site. See examples below. 200 Gal. Tank plumbed with a portable pump (Drafting Capable) 200' 1 ½” hose 3-pulski 300' 1" hose 2-McLeod 100' ¾” hose 3-shovel 2-1 ½ “ Gated Wye 1-chain saw 2 – 1 ½ to 1" Reducer 1 - first aid kit Communications: In the event an emergency, fire or otherwise, describe the steps you will take. List contact names/phone numbers. Fire Suppression: Describe any steps you will take within your authority. Patrol: Describe the fire patrol you will provide if necessary. Include communications & apparatus available. Fire Extinguisher: Describe when/where they will be available. Fueling Location: Describe where this will take place and any fire precautions or spill precautions you will take.

Technical Approach Describe in detail how you plan to do the project work to meet the deliverables in the AOP. Be sure to address, as appropriate, the items listed in SPA under II. TCRCD Shall:

Quality Assurance Describe if/when you will perform quality control inspections.

of 85


TCRCD Project #:

EXHIBIT B for Appendix A

STEWARDSHIP AGREEMENT TECHNICAL PROPOSAL EXAMPLE LANGUAGE NOTE: The following is an example of language used in timber sales to help guide the development of the Technical Proposal relative to resource protection and scale measurement. This is not mandatory language. The language may be included, modified, or eliminated as appropriate to depict the Technical Proposal attributes of a specific project. TRANSPORTATION FACILITIES Authorization. TCRCD will construct and maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber on National Forest and other lands where Forest Service has such authority. As used in this agreement “construct” includes “reconstruct.” Unless otherwise provided herein, construction may be progressive during this agreement. The location and clearing widths of all Temporary Roads or facilities will be agreed to in writing before construction is started. “Temporary Roads” are roads other than Specified Roads that are constructed by TCRCD for the purpose of harvesting Included Timber. Use of Roads by TCRCD. Except as provided herein, TCRCD will use existing National Forest system roads and Specified Roads listed in D6, when Forest Service determines that such use will not cause damage to the roads or National Forest resources. Roads are shown on Project Area Map that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads: (a) cannot be used for log hauling, or (b) may be used only under the restrictive limitations. TCRCD will …. Specified Roads. “Specified Roads” are roads, including related transportation facilities and appurtenances, shown on Project Area Map and listed in D6. TCRCD will construct Specified Roads used under this agreement. Construction initiated by TCRCD on any Specified Road will be completed to an agreed terminus that meets TCRCD’s needs and prevents unnecessary impact on National Forest resources. Construction to such terminus will be in full accordance with Plans and specifications and the Schedule of Items identified in D6 or attached specifications, except for agreed adjustments needed to accommodate such terminus. A Temporary Road will not be constructed substantially on the location for a Specified Road, except by agreement. Material Delivery. Within 60 days after award date, TCRCD will provide Forest Service a written schedule showing the desired delivery dates of any material to be supplied by Forest Service. With reasonable notice, schedule may be amended by agreement. After delivery to and written receipt by TCRCD, TCRCD will be responsible for installation of needed material and for any loss of or damage to such material due to TCRCD's negligence prior to installation or return of unused material to Forest Service. Unused material will be returned to Forest Service at location of delivery, unless agreed otherwise. Use of Partially Constructed Roads. Unless Forest Service determines that there is justification under existing conditions and ground conditions permit hauling without undue damage, portions of Specified Roads will be Substantially Completed prior to their use for hauling timber. When necessary to facilitate construction and protect bridges and roads from damage, timber felled in construction and timber logged directly to the road from immediately adjacent areas may be hauled before road construction is Substantially Completed. Such hauling will be confined to periods when abnormal soil erosion and damage to National Forest lands will not result. “Substantially Completed” means: (a) Completion of grading and installation of drainage structures so they will function effectively and (b) Laying the specified depth of base course, if any. No more than half of Included Timber to be hauled over such portions of road will be hauled until the base course has been applied. Unless agreed otherwise, specified reconstruction will be completed on any portion of road prior to hauling on that portion. Road Maintenance. TCRCD will maintain roads, commensurate with TCRCD’s use, in accordance with Road Maintenance Requirements below and the Road Maintenance Specifications. Performance of road maintenance work by TCRCD will be …. The timing of work accomplishment will be based on TCRCD’s Operating Schedule.

SPECIFICATION T-800 DEFINITIONS Wherever the following terms or pronouns are used in Specifications T-801 through T-811, the intent and meaning will be interpreted as follows: 800-1.1 - Agreement. Maintenance projects require a mutually acceptable method to resolve the problems which arise when incompatible situations arise between drawings and specifications and actual conditions on the ground to allow orderly and satisfactory progress of the maintenance. It is intended that drawings and specifications will govern unless "on-the-ground" conditions warrant otherwise, when specifications call for "Agreement", "agreed", or "approval" such Agreement or approval will be promptly confirmed in writing. 800-1.2 - Annual Road Maintenance Plan. A plan prepared by various users of one or several roads. The plan is an Agreement on maintenance responsibilities to be performed for the coming year. 800-1.3 - Base Course. Material used to reinforce Subgrade or, as shown on drawings, placed on Subgrade to distribute wheel loads. 800-1.4 - Berm. Curb or dike constructed to prevent Roadway runoff water from discharging onto embankment slope. 800-1.5 - Borrow. Select Material taken from designated borrow sites.

of 85


TCRCD Project #:

800-1.6 - Crown, Inslope, and Outslope. The cross slope of the Traveled Way to aid in drainage and traffic maneuverability. 800-1.7 - Culverts. A conduit or passageway under a road, trail, or other obstruction. A culvert differs from a bridge in that it is usually entirely below the elevation of the Traveled Way. 800-1.8 - Drainage Dip. A dip in the Traveled Way which intercepts surface runoff and diverts the water off the Traveled Way. A Drainage Dip does not block the movement of traffic. 800-1.9 - Drainage Structures. Manufactured structures which control the runoff of water from the Roadway including inslope, overside drains, aprons, flumes, downdrains, downpipes, and the like. 800-1.10 - Dust Abatement Plan. A listing of the road, dust palliative, application rates, and estimated number of subsequent applications. 800-1.11 - Lead-off Ditches. A ditch used to transmit water from a Drainage Structure or Drainage Dip outlet to the natural drainage area. 800-1.12 - Material. Any substances specified for use in the performance of the work. 800-1.13 - Prehaul Maintenance. Road maintenance work which will be accomplished to maintain the roads to a satisfactory condition commensurate with TCRCD's use, provided TCRCD's Operations do not damage improvements or National Forest resources and hauling can be done safely. This work will be shown in the Annual Road Maintenance Plan. Prehaul Maintenance work TCRCD elects to perform will be in compliance with the Road Maintenance T-Specifications. 800-1.14 - Roadbed. The portion of a road between the intersection of Subgrade and sideslopes, excluding that portion of the ditch below Subgrade. 800-1.15 - Road Maintenance Plan. A description showing applicable road maintenance specifications to be performed by TCRCD on specific roads. 800-1.16 - Roadside. A general term denoting the area adjoining the outer edge of the Roadway. 800-1.17 - Roadway. The portion of a road within the limits of excavation and embankment. 800-1.18 - Shoulder. That portion of Roadway contiguous with Traveled Way for accommodation of stopped vehicles, for emergency use, and lateral support of base and Surface Course, if any. 800-1.19 - Slide. A concentrated deposit of Materials from above or on backslope extending onto the Traveled Way or Shoulders, whether caused by mass land movements or accumulated ravelling. 800-1.20 - Slough. Material eroded from the backslope which partially or completely blocks the ditch, but does not encroach on the Traveled Way so as to block passage of traffic. 800-1.21 - Slump. A localized portion of the Roadbed which has slipped or otherwise become lower than that of the adjacent Roadbed and constitutes a hazard to traffic. 800-1.22 - Special Project Specifications. Specifications which detail conditions and requirements peculiar to the individual project. 800-1.23 - Subgrade. Top surface of Roadbed upon which Base Course or Surface Course is constructed. For roads without Base Course or Surface Course, that portion of Roadbed prepared as the finished wearing surface. 800-1.24 - Surface Course. The Material placed on Base Course or Subgrade primarily to resist abrasion and the effects of climate. Surface Course may be referred to as surfacing. 800-1.25 - Surface Treatment Plan. A discussion of the roads and surface treatments to be applied. 800-1.26 - Traveled Way. That portion of Roadway, excluding Shoulders, used for the movement of vehicles. 800-1.27 - Turnouts. That portion of the Traveled Way constructed as additional width on single lane roads to allow for safe passing of vehicles. 800-1.28 - Water Source. A place for acquiring water for road maintenance purposes. 800-1.29 - Waterbar. A dip in the Roadbed which intercepts surface runoff and diverts the water off the Roadway. A Waterbar is not designed to be traversable by logging trucks. SPECIFICATION T-801 SLIDE AND SLUMP REPAIR DESCRIPTION 1.1 Slide removal is the removal from Roadway and disposal of any Material, such as soil, rock, and vegetation that cannot be routinely handled by a motorgrader during Ditch Cleaning, T-802, and Surface Blading, T-803 Operations. Slump repair is the filling of depressions or washouts in Roadway which cannot be routinely filled by a motor grader during Surface Blading, T-803 Operations. Slide removal and Slump repair includes excavation, loading, hauling, placing, and compacting of waste or replacement Material and the development of disposal or borrow areas. REQUIREMENTS 3.1 Slide Material, including soil, rock and vegetative matter which encroaches into the Roadway, will be removed. The slope which generated the Slide Material will be reshaped during the removal of the Slide Material with the excavation and loading equipment. Slide Material deposited on the fillslope and below the Traveled Way will not be removed unless needed for slope stability or to protect adjacent resources. Surface and Base Courses will not be excavated during Slide removal operations. Slide Material which cannot be used for other beneficial purposes will be disposed of as agreed with Forest Service. 3.2 When filling Slumps or washouts, Material will be moved from agreed locations or borrow sites, placed in layers, and compacted by operating the hauling and spreading equipment uniformly over the full width of each layer. Existing aggregate surfacing will be salvaged when practical and relaid after depressions have been filled. Damaged aggregate base, aggregate surfacing, and bituminous pavement will be repaired under Specification T-804

of 85


TCRCD Project #:

Surfacing Repair. The repaired areas of the Slump will conform to the cross-section which existed prior to the Slump and will blend with the adjacent undisturbed Traveled Way. SPECIFICATION T-802 DITCH CLEANING DESCRIPTION 1.1 Ditch cleaning is removing and disposing of all Slough Material from Roadway ditches to provide a free-draining waterway. REQUIREMENTS 3.1 Ditch cleaning will be repeated during the year as often as necessary to facilitate proper drainage. 3.2 All Slough Material or other debris which might obstruct water flow in the Roadway ditch will be removed. Material removed from the ditch, if suitable, may be blended into existing native road surface or Shoulder or placed in designated Berms in conjunction with Surface Blading T-803 operations. Material removed from ditches that is not by Agreement blended into existing roads or placed in Berms will be loaded and hauled to the disposal site as agreed with the Forest Service. 3.3 Roadway backslope or Berm will not be undercut. SPECIFICATION T-803 SURFACE BLADING DESCRIPTION 1.1 Surface blading is keeping a native or aggregate Roadbed in a condition to facilitate traffic and provide proper drainage. It includes maintaining the Crown, Inslope or Outslope of the Traveled Way, Turnouts, and Shoulder; repairing Berms; blending approach road intersections; and cleaning bridge decks, Drainage Dips, and Lead-off Ditches. REQUIREMENTS 3.1 Surface blading will be performed before, during, and after TCRCD's use as often as necessary to facilitate traffic and proper drainage. 3.2 The surface blading will preserve the existing cross-section. Surface irregularities will be eliminated and the surface left in a free-draining state and to a smoothness needed to facilitate traffic. Surface Material which has been displaced to the Shoulders or Turnouts will be returned to the Traveled Way. The blading operation will be conducted to prevent the loss of surface Material and to provide for a thorough mixing of the Material being worked. 3.3 Water will be applied during blading if sufficient moisture is not present to cut, mix, or compact the surface Material. 3.4 On native surfaced roads, Material generated from backslope Sloughing, and ditch cleaning may be blended with the surface Material being worked. On aggregate surfaced roads this Material will not be blended with Surface or Base Course Material unless agreed otherwise. 3.5 Roadway backslopes or Berms will not be undercut, nor will new Berms be established unless agreed otherwise. Berms will be repaired by placing Material, as needed to restore the Berm, to reasonably blend with existing line, grade, and cross-section. 3.6 Drainage Dips and Lead-off Ditches will be cleaned and maintained to reasonably blend with existing line, grade, and cross-section. 3.7 Intersecting roads will be bladed for a distance of 50 feet to assure proper blending of the two riding surfaces. 3.8 Rocks or other Material remaining on the Traveled Way after the final pass that are larger than 4 inches in diameter or are larger than the maximum size of imported surfacing will be removed from the Traveled Way. Unless otherwise designated by the Forest Service, the oversized Material will be disposed of by sidecasting. Sidecasting into streams, lakes, or water courses will not be permitted. 3.9 Material resulting from work under this specification will not remain on or in structures, such as Culverts, overside drains, cattleguards, ditches, Drainage Dips, and the like. 3.10 Material resulting from work under this specification, plus any accumulated debris, will be removed from bridge decks and the deck drains opened. SPECIFICATION T-804 SURFACING REPAIR DESCRIPTION 1.1 Surfacing repair is repairing potholes or small soft areas in the Traveled Way. It includes area preparation and furnishing and placing all necessary Materials, and other work necessary to repair the surface. MATERIALS 2.1 Material used in the repair of soft areas on aggregate or native surfaced roads may be acquired from approved commercial sources or Borrow sources agreed with Forest Service. The quality and quantity of the imported Material used in the repair will be limited to that needed to provide a stable Traveled Way for hauling and to minimize damage to the road and adjacent resources. 2.2 Material used in the repair of bituminous pavements may be acquired from local commercial sources. If a mixing table is required, the location will be approved by the Forest Service. The bituminous mixture to be used by TCRCD will be approved by the Forest Service. REQUIREMENTS 3.1 Work under this specification will be performed in a timely manner to reduce further deterioration of the Traveled Way. 3.2 Soft spots on aggregate or native surfaces will be repaired by placing the imported Surface Course on top of the soft spot. Layers of imported Material will be placed until a firm surface is produced. 3.3 Bituminous Pavement Repairs. The areas to receive bituminous pavement repairs will be marked on the road surface by the Forest Service just prior to TCRCD performing the work.

of 85


TCRCD Project #:

3.4 Potholes (deep patch). Surface Course and Base Course Materials will be excavated to a depth necessary to reach firm, suitable Material. The minimum depth of excavation will be 2 inches and the maximum depth of excavation will be to the top of the Subgrade. The edges of the prepared hole will be extended to form a vertical face in unfractured asphalt surfacing. The prepared hole will generally be circular or rectangular in shape, dry, and cleaned of all loose Material. Prepared potholes will be patched or barricaded immediately. The faces of the prepared hole will be tacked with a slow-setting emulsified asphalt. The bituminous mixture will be placed in layers not exceeding a compacted depth of 2 inches. Each layer will be compacted thoroughly with hand or mechanical tampers or rollers. Compaction will not be done with equipment wheels. Upon completion, the compacted patch in the pothole will be flush, with a tolerance or approximately ¼ inch to ½ inch above the level of the adjacent pavement. 3.5 Skin Patches. Bituminous mixture will be distributed uniformly with feathered edges in layers not to exceed 2 inches compacted depth. When multiple layers are ordered, joints will be offset at least 6 inches between layers. Each layer will be compacted by two passes with a 7-10 ton steel roller or comparable vibratory roller. 3.6 Asphalt Berm. Damaged segments of Berm will be removed and the exposed ends beveled at approximately 45 degrees from vertical. The Berm foundation will be cleaned and patched as necessary. The foundation and joining surfaces will be coated with a slow-setting emulsified asphalt. Asphalt mix will be placed and compacted to conform with the shape and alignment of the undamaged segment. 3.7 Disposal. All Materials removed from potholes, patches, and Berms will be disposed of at Forest Service approved disposal sites. SPECIFICATION T-805 DRAINAGE STRUCTURES DESCRIPTION 1.1 This work consists of maintaining Drainage Structures and related items such as inlet and outlet channels, existing riprap, trash racks, and dropinlets. MATERIALS 2.1 All Materials used in the maintenance of Drainage Structures will conform by type and specification to the Material in the structure being maintained. REQUIREMENTS 3.1 Drainage Structures and related items will be cleared of all foreign Material which has been deposited above the bottom of the structure and all vegetative growth which interferes with the flow pattern. Material removed that cannot be incorporated into maintenance work will be hauled to a disposal site agreed with the Forest Service. 3.2 If outlet or inlet riprap was installed by TCRCD as a construction item or existed prior to TCRCD's haul, it will be maintained in good condition including the replacement of riprap if necessary to previous line, grade, and cross-section. 3.3 Maintenance will be performed to insure the proper functioning of the head walls, aprons, inlet assemblies, overside drains, riprap, trash racks, and other facilities related to the Drainage Structure. SPECIFICATION T-806 DUST ABATEMENT DESCRIPTION 1.1 This work will consist of preparing Traveled Way and furnishing and applying Materials to abate dust. MATERIALS 2.1 The roads requiring dust abatement, type of dust abatement Material to be used, the rates of application, and frequency of applications will be shown in the Dust Abatement Plan. The Dust Abatement Plan may be changed by written Agreement. 2.2 Water. The locations of Water Sources will be agreed with Forest Service. 2.3 Dust abatement Materials will meet the requirements of the following subsections of Forest Service Specifications for Construction of Roads and Bridges. Emulsified Asphalt 702 Blotter Material 703.12 Magnesium or Calcium Chloride Brine 723.01 Calcium Chloride Flake 723.02 Lignin Sulfonate 723.03 2.4 Testing of Materials. Certification and sampling of bituminous Materials lignin sulfonate, and magnesium chloride will be in accordance with subsections 105.04 or 723.04 of Forest Service Specifications for Construction of Roads and Bridges. REQUIREMENTS 3.1 General. Dust abatement Materials will be applied to the road surface as necessary to control road surface loss, provide for road user safety, and minimize damage to adjacent resources. 3.2 Compaction. When the methods listed below specify compaction, Traveled Way will be compacted by an 8 to 10 ton pneumatic, steel-wheeled or equivalent vibrating roller making 2 passes over the full Traveled Way and Shoulder width, unless compaction is not required in the Dust Abatement Plan. 3.3 Preparation to Dust Abatement Materials Other Than Water. The following applies to all methods of preparation: Bituminous residue will be scarified and pulverized to produce loosened Material not exceeding 4 inches in greatest dimension. Traveled Way will be bladed in accordance with T-803. Prior to applying DO-6BA, DO-6PA, or DO-8, the top 2 inches of Traveled Way will contain not less than 80 percent nor

of 85


TCRCD Project #:

more than 120 percent of optimum moisture as determined by AASHTO T-99, Method C. Prior to applying other bituminous Material, Traveled Way will have a moisture content between 1 and 3 percent. If surface dusting prevents the bituminous Material from penetrating, a light application of water will be applied just prior to applying the bituminous Material. Lignin Sulfonate and magnesium chloride will be applied when the top 1 inch of Traveled Way contains not less than 3 percent moisture, nor more than 120 percent of optimum moisture as determined by AASHTO T-99, Method C. Moisture content will be determined in accordance with AASHTO T-217 OR T-239. One or more of the following methods will be used, as specified in the Dust Abatement Plan. Method 1. Compact Traveled Way and apply the dust abatement Material. Method 2. Develop a layer of loose Material approximately 1 inch in depth for the full width of Traveled Way. Apply the dust abatement Material to this loose Material and compact after penetration. If traffic makes maintenance of the loose Material difficult, 1 inch of the Material may be bladed into a windrow along the Shoulder. The specified moisture content will be maintained in the windrow and the top 1 inch of Traveled Way. The windrow will be bladed to a uniform Material. When the dust abatement Material has penetrated, Traveled Way will be compacted. Method 3. Blade 1 inch of Material from Traveled Way into a windrow along the Shoulder. Maintain the specified moisture content in the windrow and the top inch of Traveled Way. Apply half the dust abatement Material. When the dust abatement Material has penetrated, the windrow will be bladed to a uniform depth across dust abatement Traveled Way, and the remaining dust abatement Material will be applied. Traveled Way will be compacted. Method 4. Develop a layer of loose Material approximately 2 inches in depth for the full width of Traveled Way. Apply half the dust abatement Material to the loose Material. Blade the top 2 inches into a windrow along the Shoulder. Apply the remaining dust abatement Material to Traveled Way and the Berm. Spread the Berm evenly across Traveled Way and compact. 3.4 Preparation for Dust Abatement with Water. Traveled Way will be prepared in accordance with Specification T-803 Surface Blading when required. 3.5 Application Tolerance. Dust abatement Materials other than water will be applied within 0.05 gallons per square yard of the rate specified. 3.6 Mixing Requirements. DO-6BA, DO-6PA, and DO-8 will be thoroughly circulated in the distributor within 1 hour of application. 3.7 Weather Limitations. Dust abatement Materials will not be applied when it is raining. Bituminous Material will be applied when the surface temperature of Traveled Way is 50 degrees Fahrenheit or higher. Lignin sulfonate and magnesium chloride will be applied when the atmospheric temperature is 40 degrees Fahrenheit or higher. 3.8 Blotter Material. Blotter Material will be spread in a sufficient quantity to prevent tire pickup. SPECIFICATION T-807 ROADWAY VEGETATION DESCRIPTION 1.1 This work includes removal of brush and trees from within the Roadway limits. REQUIREMENTS 3.1 Vegetative matter within the Roadway which impedes vehicular travel or interferes with road maintenance operations, such as surface blading and ditch and culvert cleaning will be removed. Downed timber meeting utilization standards will be cut in appropriate lengths and decked along the Roadside in locations where the Traveled Way or sight distances will not be impaired. 3.2 Vegetative matter removed from the Roadway will be treated by slash disposal methods within the agreement. SPECIFICATION T-808 MISCELLANEOUS STRUCTURES DESCRIPTION 1.1 Maintenance of miscellaneous structures includes cattleguards, gates, and other similar structures that have been previously installed to insure safe and efficient operation of the road. MATERIALS 2.1 Any Materials needed in the maintenance of miscellaneous structures will be similar in type and quality to the Material in the structure being maintained. REQUIREMENTS 3.1 Cattleguards. Loose rails will be welded or bolted back in place. Excess Material carried into the cattleguard will be removed when drainage is blocked or when it reaches 6 inches from the bottom of the cattleguard frame. Drainage into and from the cattleguard will be kept open. 3.2 Gates. Gates will be kept in good repair and made to swing easily. Hinges or latches will be repaired if not operating properly. Brush and debris will be removed from within the swinging radius. SPECIFICATION T-809 WATERBARS DESCRIPTION 1.1 This work consists of installing or removing Waterbars in the Roadbed. REQUIREMENTS 3.1 Waterbars will be installed on roads as agreed with Forest Service. All Material excavated will be used in the installation of the Waterbar. Bermed Material will be compacted by operating heavy equipment over the length and width of the Berm. 3.2 Waterbars will be removed on roads shown on Road Maintenance Plan by blading the Berm into the adjacent

of 85


TCRCD Project #:

depression to form a smooth transition along the Traveled Way. The length and width of the fill Material will be compacted by the equipment performing the work. 3.3 Waterbars may be required to be installed between seasons of use and then removed when haul is resumed. Waterbar installation may be agreed with Forest Service when use of a road has been completed. SPECIFICATION T-810 BARRIERS DESCRIPTION 1.1 This work will consist of furnishing, installing, or removing barriers. Gates are not included. MATERIALS 2.1 Materials for barriers will meet the requirements as shown on attached drawings. REQUIREMENTS 3.1 Barriers will be installed in accordance with the attached drawings. The location of barriers to be removed or installed is shown on the Project Area Map. Installation or removal may occur as often as road use is terminated and resumed. SPECIFICATION T-811 SURFACE TREATMENT DESCRIPTION 1.1 This work will consist of applying a chip seal, sand seal, or fog seal to the Traveled Way. Chip seals may consist of single or double applications of bituminous Material and cover aggregate. MATERIALS 2.1 The roads requiring surface treatments, the type of seal coat to be applied, the rate of application, and type and grade of bituminous Material, and the rate of application and grading of cover aggregate will be shown in the Surface Treatment Plan. 2.2 Emulsions used for fog seals will be diluted with an equal amount of water and will be applied at the diluted application rate shown in the Surface Treatment Plan. 2.3 Seal coat Materials will meet the requirements of the following subsections of Forest Service Specifications for Construction of Roads and Bridges: Bituminous Materials Asphalt Cement 702.01 Liquid Asphalts 702.02 Emulsified Asphalt 702.03 Application Temperatures 702.04 Cover Aggregate 703.11 Blotter Material 703.12 Water for Diluting 725.01 2.4 The cover aggregate will be surface damp at the time of application when using emulsified asphalt and dry when using an asphalt cement or liquid asphalt. Excess water on the aggregate surface will not be permitted. MAINTENANCE REQUIREMENTS 3.1 Traffic. Traffic will be maintained as agreed with Forest Service. 3.2 Weather Limitations. Fog seal and chip seal will not be applied when the weather is foggy or rainy. Seal coats requiring cover aggregate will not be applied when the temperature of the surface being treated is below 70 degrees Fahrenheit in the shade. Fog seal coats will not be applied when the surface temperature is below 40 degrees Fahrenheit in the shade. 3.3 Equipment. The following equipment or its equivalent will be used: A distributor truck equipped to spread the Material uniformly at the designated rate, within the temperature range specified and within 0.04 gallons per square yard of the rate specified. The distributor will be equipped with a thermometer and a hand hose with spray nozzle. A rotary power broom and/or blower. When cover aggregates are applied: A pneumatic tire roller, 8-ton minimum weight with all tires equally inflated to a pressure of at least 90 pounds per square inch. Rollers will be equipped with devices for applying water to the tires. Self-propelled aggregate spreader supported by at least four wheels equipped with pneumatic tires on two axles, situated so that at no time will the tires contact the uncovered bituminous Materials. The aggregate spreader will be equipped with positive controls so that the required amount of Materials will be deposited uniformly over the full width. Trucks with spreading attachments will not be used. 3.4 Preparation of Surface. Immediately before applying the bituminous Material, the surface to be sealed will be cleaned of all foreign and loose Material. 3.5 Application of Bituminous Material. Bituminous Material will be applied in a uniform, continuous spread. The distributor will be moving forward at proper application speed at the time the spray bar is opened. Skipped areas or deficiencies will be corrected prior to the application of cover aggregate. The spread of bituminous Material will not be more than 6 inches wider than the width to be covered by the cover aggregate. Operations will not proceed if the bituminous Materials are allowed to cool, set up, dry, or otherwise impair retention of cover aggregate. Fog seal will be allowed to penetrate and dry before traffic is permitted on the sealed portion. The surfaces of structures and trees adjacent to the area being treated will be protected to prevent their being spattered or marred. 3.6 Application of Cover Aggregate and Blotter. Immediately following the application of the bituminous Material, cover

of 85


TCRCD Project #:

aggregate will be spread at the specified rate. Joints between adjacent applications of cover aggregate will be approximately in the center of two-lane roads. The aggregate spreader will not be operated at speeds which cause the aggregate to roll over after striking the bituminous Material. The cut-off of aggregate will be complete, and any excess aggregate will be removed from the surface prior to resuming operations. Immediately after the cover aggregate has been spread, any piles, ridges, and uneven distribution will be corrected. Cover aggregate may be applied by hand in areas inaccessible to spreading equipment. Rolling will begin immediately after spreading the cover aggregate and will consist of a minimum of two complete coverages. After rolling, traffic will be controlled to a maximum speed of 15 miles per hour for a period of 4 hours. The day following the final application of cover aggregate, any concentrations of loose cover aggregate will be redistributed without disturbing the embedded aggregate. Four days after the final application of cover aggregate, all excess cover aggregate will be removed. During this period, any bituminous Material that comes to the surface will be covered with additional cover aggregate or approved blotter Material. 3.7 Blotter Material for fog seals will be spread in sufficient quantity to prevent tire pickup.

Use by Others. Forest Service will have the right to use any road constructed by TCRCD under this agreement for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by TCRCD hereunder when Forest Service determines that such use will not materially interfere with TCRCD’s Operations. Third party use will be contingent upon Forest Service determining, and third party agreeing to pay, a fair share of maintenance cost commensurate with such commercial use. Where TCRCD reconstructs a road having established use, TCRCD’s use during reconstruction and thereafter will be such as to reasonably accommodate such established use. OPERATIONS Improvements. TCRCD will construct on National Forest land, buildings, facilities, and other improvements needed to log Included Timber as approved in writing with Forest Service and will be constructed and used in a manner that will protect National Forest values. TCRCD will comply with the rules and regulations governing the operation of premises that are occupied and will perform the agreement in a manner that will not interrupt or interfere with the conduct of Forest Service business. TCRCD will obtain written permission with Forest Service before any camp, quarry, borrow pit, storage, or service area, other than as shown on Plans, is opened or operated on National Forest land or administered lands. A camp is interpreted to include the campsite or trailer parking area of any employee agent, contractor, Subcontractor or their employees or agents working on the project for TCRCD. Removal. Unless Forest Service authorizes continued use, TCRCD will remove or dispose of all improvements when no longer needed. Should TCRCD fail to remove or dispose of improvements within 6 months after Termination Date, Forest Service may dispose of improvements at TCRCD’s expense or may, upon written notice to TCRCD, assume title to improvements in the name of the United States. In the latter event, TCRCD will not be required to remove such improvements. Protection of Improvements. So far as practicable, TCRCD will protect Specified Roads and other improvements (such as roads, trails, telephone lines, ditches, and fences): (a) Existing in the operating area, (b) Determined to have a continuing need or use, and (c) Designated on the Project Area Map. TCRCD will keep roads and trails needed for fire protection or other purposes and designated on the Project Area Map reasonably free of equipment and products, slash, and debris resulting from TCRCD’s Operations. TCRCD will make timely restoration of any such improvements damaged by TCRCD’s Operations and, when necessary because of such operations, will move such improvements. Protection of Improvements Not Owned by Forest Service. When TCRCD’s Operations are adjacent to proper-ties of railway, telephone, or power companies, or other property, work will not begin until TCRCD has identified actions necessary to prevent damage. TCRCD will cooperate with the owners of any underground or overhead utility lines in their removal and/or rearrangement operations in order that these operations may progress in a reasonable manner, utility duplication or rearrangement work may be reduced to a minimum, and services will not be unnecessarily interrupted. In the event of interruption to utility services because of accidental breakage or as a result of lines being exposed or unsupported, TCRCD will promptly notify the proper authority and will cooperate with that authority in the restoration of service until the service is restored. Protection of Property. In construction and reconstruction of Specified Roads, TCRCD will not unnecessarily remove, deface, injure, or destroy trees, shrubs, or other natural features, unless specifically authorized. To the extent practicable, TCRCD will confine operations to within the clearing limit or other areas designated in the agreement and prevent the depositing of rocks, excavated materials, stumps, or other debris outside these limits. Material that falls outside these limits will be retrieved, disposed of, or incorporated in the work to the extent practicable and necessary to protect adjacent resource values, unless otherwise agreed. Protection of Land Survey Monuments. TCRCD will protect all known survey monuments, witness corners, reference monuments, and bearing trees against avoidable destruction, obliteration, or damage during TCRCD’s Operations. If any known monuments, corners, or accessories are destroyed, obliterated, or damaged by TCRCD’s Operations, TCRCD will hire

of 85


TCRCD Project #:

the appropriate county surveyor or a registered land surveyor to reestablish or restore at the same location the monuments, corners, or accessories. Such surveyors will use procedures in accordance with the Bureau of Land Management “Manual of Instructions for the Survey of the Public Lands of the United States” for General Land Office surveys and in accordance with State law for others. TCRCD will record such survey in appropriate county records. Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave Resources. Unless agreed otherwise, wheeled or track laying equipment will not be operated in areas identified as needing special measures except on approved roads, landings, tractor roads, or skid trails. Additional special protection measures needed to protect such known areas are identified in the agreement Appendix D. Unless agreed otherwise, trees will not be felled into areas identified as needing special measures. TCRCD will conduct operations in a manner that does not damage or disturb identified areas. In the event that protective measures identified by the Forest Service are for any reason inadequate, Forest Service may delay or interrupt TCRCD’s operations, under this agreement, and/or modify this agreement. TCRCD will immediately notify the Forest Service if its operations disturb or damage any area identified as needing special protection, and will immediately halt its operations in the vicinity of such area until the Forest Service authorizes continued operations. In the event that TCRCD's operations disturb or damage an area identified as needing special protection, then TCRCD will reimburse the Forest Service for the full cost and expense of any evaluative and remedial measures undertaken by the Forest Service in connection with such disturbance or damage. Such payment will not relieve TCRCD from civil or criminal liability under applicable law. Additional areas needing special measures for protection may be discovered or identified; protective measures may be revised or newly prescribed; and, additional species of plants and/or animals may be added to federal lists of protected species. In such event, Forest Service may delay or interrupt TCRCD’s operations, under this agreement, and/or modify this agreement. Discovery, by either TCRCD or the Forest Service, of additional areas, resources, species, or members of species needing special protection will be promptly reported to the other party. Control of Operations. TCRCD’s Operations will be conducted in a workmanlike and orderly manner. Operating Schedule. Subject to Erosion Prevention and Control and when the requirements of Current Operating Areas are met, TCRCD’s Operations may be conducted outside _________ and _________. Protection of Residual Trees. TCRCD’s Operations will not unnecessarily damage young growth or other trees to be reserved. Safety. TCRCD’s Operations will facilitate Forest Service’s safe and practical inspection of TCRCD’s Operations and conduct of other official duties on the Project Area. TCRCD has all responsibility for compliance with safety requirements for TCRCD's employees. In the event that the Forest Service identifies a conflict between the conditions of this agreement or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the agreement will be modified and TCRCD may request an adjustment in Rates to compensate for the changed conditions. Unless otherwise agreed in writing, when TCRCD’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, TCRCD will furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with TCRCD’s Operations. TCRCD and Forest Service will agree to a specific Traffic Control Plan for each individual project prior to commencing operations. Devices will be appropriate to current conditions and will be covered or removed when not needed. Except as otherwise agreed, flagmen and devices will be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Project Area Map, Traffic Control Plan, or in other conditions of the agreement. Sanitation and Servicing. TCRCD will take all reasonable precautions to prevent pollution of air, soil, and water by TCRCD’s Operations. If facilities for employees are established on the Project Area, they will be operated in a sanitary manner. In the event that TCRCD’s Operations or servicing of equipment result in pollution to soil or water, TCRCD will conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service. TCRCD will maintain all equipment operating on the Project Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. TCRCD will not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. TCRCD will 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. TCRCD will remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment. Prevention of Oil Spills. If TCRCD maintains storage facilities for oil or oil products on the Project Area, TCRCD will take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, TCRCD will prepare a Spill Prevention Control and Countermeasures Plan. Such plan will meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. TCRCD will notify Forest Service and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the Project Area that are caused by TCRCD’s employees agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of TCRCD’s Operations. TCRCD will take whatever initial action may be safely accomplished to contain all spills. Hazardous Substances. TCRCD will notify the National Response Center and Forest Service of all releases of reportable quantities of hazardous substances on or in the vicinity of the Project Area that are caused by TCRCD’s employees, agents,

of 85


TCRCD Project #:

contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of TCRCD’s Operations, in accordance with 40 CFR 302. Equipment Cleaning. For purposes of this subsection, “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles. TCRCD will adhere to the following requirements with regard to cleaning “Off-Road Equipment”: (i) Prior to moving Off-Road Equipment onto the Sale Area, TCRCD will identify the location of the equipment's most recent operation. TCRCD will not move any Off-Road Equipment that last operated in an area infested with one or more invasive species of concern onto the Project Area without having cleaned such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and having notified Forest Service, as provided in (iii). If the location of prior operation cannot be identified, then TCRCD will assume that the location is infested with invasive species of concern. (ii) Prior to moving Off-Road Equipment from a cutting unit that is shown on the Project Area Map to be infested with invasive species of concern to, or through any other area that is shown as being free of invasive species of concern, or infested with a different invasive species, TCRCD will clean such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and will notify the Forest Service, as provided in (iii). (iii) Prior to moving any Off-Road Equipment subject to the cleaning requirements set forth above, TCRCD will advise Forest Service of its cleaning measures and make the equipment available for inspection. Forest Service will have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available. After satisfactory inspection or after such 2 day period, TCRCD may move the equipment as planned. Equipment will be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. TCRCD will not be required to disassemble equipment unless so directed by the Forest Service after inspection. (iv) TCRCD will obtain prior approval from Forest Service as to the location for such cleaning and measures, if any, when it is desirable for TCRCD to clean Off-Road Equipment on National Forest land. The parties will promptly communicate and reach agreement as to how to proceed with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and, addition of species to the list of invasive species of concern. Conduct of Logging. Unless otherwise specifically provided herein, TCRCD will fell trees designated for cutting and will remove the portions which meet Utilization Standards, except for occasional trees inadvertently not cut or trees or pieces not removed for good reason, including possible damage to forest resources or gross economic impracticability at the time of removal of other timber. Logging will be conducted in accordance with the following, unless other agreed conditions set forth requirements to meet special or unusual logging conditions: Felling and Bucking. Felling will be done to minimize breakage of Included Timber and damage to residual timber. Unless agreed otherwise, felling will be done by saws or shears. Bucking will be done to permit removal of all minimum pieces. TCRCD may buck out cull material when necessary to produce pieces meeting Utilization Standards. Such bucked out material will contain a minimum amount of sound wood, not in excess of the net Measure in percentage of gross Measure, or based on the merchantability factor, whichever is stated in Appendix D. If necessary to assess extent of defect, TCRCD will make sample saw cuts or wedges. Felling in Clearings. Insofar as ground conditions, tree lean and shape of clearings permit, trees will be felled so that their tops do not extend outside construction clearings and areas of regeneration cutting. Bucking Lengths. Trees will be bucked in various lengths to obtain the greatest utilization of material meeting Utilization Standards. Limbing. When Forest Service determines it is necessary to minimize damage to the residual stand during skidding, TCRCD will cut exposed limbs from products prior to skidding. TCRCD may leave uncut those limbs that cannot be cut with reasonable safety. Rigging. Insofar as practicable, needed rigging will be slung on stumps or trees designated for cutting. Landings and Skid Trails. Location of all landings, tractor roads, and skid trails will be agreed upon prior to their construction. The cleared or excavated size of landings will not exceed that needed for efficient skidding and loading operations. Skidding on Roads. Products will not be skidded on permanent roads authorized for hauling except by prior written agreement. Arches and Dozer Blades. Skidding tractors equipped with pull-type arches or dozer blades wider than tractor width or C-frame width, whichever is greater, will not be used in residual timber outside Clearcutting Units and other authorized clearings, except on constructed tractor roads or landings, unless there is written agreement that residual timber will not be damaged materially by such use. Streamcourse Protection. “Streamcourses” that are subject to provisions of this Section are shown on the Project Area Map. Unless otherwise agreed, the following measures will be observed to protect Streamcourses: (a) TCRCD’s Operations will be conducted to prevent debris from entering Streamcourses, except as may be authorized under paragraph (d). In event TCRCD causes debris to enter Streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, TCRCD will remove such debris as soon as practicable, but not to exceed 2 days, and in an agreed manner that will cause the least disturbance to Streamcourses. (b) Culverts or bridges will be required on Temporary Roads at all points where it is necessary to cross Streamcourses. Such facilities will 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 will not be otherwise hauled or yarded across Streamcourses unless fully suspended. (c) Wheeled or track-laying equipment will not be operated in Streamcourses, except at crossings approved by Forest Service or as essential to construction or removal of culverts and bridges.

of 85


TCRCD Project #:

(d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for TCRCD’s planned construction and Forest Service gives written authorization. Such flow will be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season. Erosion Prevention and Control. TCRCD’s Operations will be conducted reasonably to minimize soil erosion. Equipment will not be operated when ground conditions are such that excessive damage will result. TCRCD will adjust the kinds and intensity of erosion control work done to ground and weather conditions and the need for controlling runoff. Erosion control work will be kept current immediately preceding expected seasonal periods of precipitation or runoff. If TCRCD fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, Forest Service may temporarily assume responsibility for the work and any unencumbered deposits hereunder may be used by Forest Service to do the work. If needed for such work, TCRCD will make additional deposits on request by Forest Service. Meadow Protection. Reasonable care will be taken to avoid damage to the cover, soil, and water in meadows shown on the Project Area Map. Vehicular or skidding equipment will not be used on meadows, except where roads, landings, and tractor roads are approved. Unless otherwise agreed, trees felled into meadows will be removed by endlining. Resulting logging slash will be removed where necessary to protect cover, soil, and water. Wetlands Protection. Wetlands requiring protection under Executive Order 11990 are shown on the Project Area Map. Vehicular or skidding equipment will not be used in such wetlands, except where roads, landings, and tractor roads are approved. Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, TCRCD will employ such measures as outsloping, drainage dips, and water-spreading ditches. After a Temporary Road has served TCRCD’s purpose, TCRCD will give notice to Forest Service and will remove bridges and culverts, eliminate ditches, outslope roadbed, remove ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing terrain conditions, and build cross ditches and water bars, as staked or otherwise marked on the ground by Forest Service. When bridges and culverts are removed, associated fills will also be removed to the extent necessary to permit normal maximum flow of water. Landings. After landings have served TCRCD’s purpose, TCRCD will ditch and slope them to permit water to drain or spread. Unless agreed otherwise, cut and fill banks around landings will be sloped to remove overhangs and otherwise minimize erosion. Skid Trails. TCRCD will construct cross ditches and water-spreading ditches on tractor roads and skid trails, where staked or otherwise marked on the ground by Forest Service. By agreement, TCRCD may use other comparable erosion control measures, such as backblading skid trails, in lieu of cross ditching. Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed otherwise, TCRCD will, 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 will be provided, prior to __________, 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 during _________ and _________ TCRCD will keep such work on any additional disturbed areas as up to date as practicable. Erosion Control Structure Maintenance. During the period of this agreement, TCRCD will provide maintenance of soil erosion control structures constructed by TCRCD until they become stabilized, but not for more than 1 year after their construction. TCRCD will not be responsible for repair of such structures damaged by other National Forest users whose activities are not a part of TCRCD’s Operations. Slash Disposal. TCRCD’s timing of product removal and preparatory work will not unnecessarily delay slash disposal. Scaling. “Scaling,” as used herein, involves: (a) Various volume determination methods, such as log rule, sampling, measuring, linear measuring, counting, weighing, or another method or combination of methods; (b) Various sites, such as truck Scaling stations, rollways, weighing stations, woods landings, water Scaling stations, or other sites; and (c) Various geographic locations. Scaling Services. Scaling services shall be performed by Forest Service personnel or parties under contract to Forest Service, except that weighing services may be performed by personnel or parties approved by Forest Service. Scaling shall be provided in accordance with the instructions and specifications. Scalers shall be currently certified to perform accurate Scaling services. The Scaling services provided shall be selected exclusively by Forest Service. Scaling services may be Continuous, Intermittent, or Extended. “Continuous Scaling Services” is Scaling at one site five (5) 8-hour shifts a week, exclusive of Sundays and Federal holidays. “Intermittent Scaling Services” are non-continuous Scaling services. “Extended Scaling Services” are Scaling services exceeding Continuous Scaling Services and may include Sundays and designated Federal holidays. Upon written request of TCRCD and approval of Forest Service, Forest Service may provide other services, such as but not limited to grading, tagging, or marking of Scaled logs. Scaling Adjustments. Forest Service shall check the accuracy of the Scaling performed on National Forest logs. Scaling will be satisfactory if performed within the accuracy standards stated in governing instructions. In the event Forest Service check Scale(s) shows a variance in net Scale in excess of the allowable variance, an adjustment to volume reported Scaled may be made by Forest Service. Such adjustment will be based on the difference between Forest Service check Scale(s) and original Scale for agreement volume Scaled within the adjustment period. The volume to which this difference will be applied will be: (a) One-half of the volume Scaled between the last satisfactory check Scale and the first unsatisfactory check Scale or, if a period of 120 days or more occurs without Scaling National Forest timber for stumpage, the adjustment will be applied to 100

of 85


TCRCD Project #:

percent of the volume Scaled after this period and (b) 100 percent of the volume Scaled between unsatisfactory check Scales and (c) One-half of the volume Scaled between the last unsatisfactory check Scale and the next satisfactory check Scale, or if no satisfactory check Scale is completed and a period of 120 days or more occurs without Scaling of National Forest timber for stumpage, the adjustment will be applied to 100 percent of the volume Scaled since the last unsatisfactory check Scale. Adjustments may increase or decrease the original Scaled volume. Adjustments will be applied to Integrated Resource Account to correct charges for Included Timber, plus deposits, Scaled during the adjustment period. Delayed or Interrupted Scaling Services. In the event Scaling services are delayed or interrupted, TCRCD will discontinue hauling. TCRCD further agrees that no logs will be presented for Scaling outside agreed upon Scaling services schedule. Weighing Services. Weighing services for stumpage payment purposes may be provided by either public or privately owned and operated weighing facilities. A “Weighing Services Agreement,” approved by the Forest Supervisor, must be executed at each weighing facility providing weighing services. Scales used to weigh National Forest products for payment purposes must be a currently certified scale in accordance with State law and be capable of weighing the entire load of logs in a single operation. The weighing of less than the entire load or weighing two loads at once is prohibited. Unless otherwise agreed, the minimum sized weighing facility shall be a 60-ton capacity scale with a 10 foot by 70 foot platform or larger. The weighmaster must work in a position where it is possible to verify that the truck wheels are on or off the scales. Weighing facilities shall meet the following minimum requirements: (a) Be an electronic design, (b) Use electronic load cells or have a fully enclosed and sealed weigh-beam, (c) Have digital weight meters sealed with a seal approved by the State, (d) Have a zero interlocking device on the printer, (e) Have an automatic zero-setting mechanism, (f) Have an automatic motion-detecting device, (g) Be shielded against radio or electromagnetic interference, and (h) Have a date and time stamp and gross and tare weights that print electronically with each weighing. Forest Service may waive electronic printing for public or third party weighing facilities. TCRCD will bear all charges or fees for weighing services. Presentation for Scaling. TCRCD will present products so that they may be Scaled in an economical and safe manner. If prior to Scaling, Included Timber is to be mixed with other timber, TCRCD will, prior to mixing, provide for distinguishing, by means approved by Forest Service, each product included in this agreement. Trees or pieces presented for Scaling that have not been bucked to separate material meeting minimum piece standards from material not meeting minimum piece standards due to diameter, will be Scaled as though such bucking had been done. Deductions made for rot, check, or other defects resulting from abnormal delay in Scaling caused by TCRCD will be recorded separately and charged to Integrated Resource Account. Any timber that has been removed from Project Area during the period of this agreement, but remains unscaled after agreement termination, will be Scaled at the earliest reasonable date. Scaling Other Products. The Scaled volume of material presented for Scaling in forms other than those stated in D2, when appropriate, will be converted to the D2 unit of measure by the application of standard converting factors and procedures in effect at the time the agreement was signed. Other converting factors may be used by written agreement. Accountability. When Scaling is performed away from the Project Area, products will be accounted for in accordance with Forest Service written instructions or an Accountability Agreement between Forest Service and TCRCD and as follows: (a) TCRCD will plainly mark or otherwise identify products prior to hauling; (b) Forest Service will issue removal receipts to TCRCD; (c) TCRCD will assign a competent individual at the landing to complete removal receipts and attach them to each load of products removed from the Project Area; (d) Removal receipts will be returned to Forest Service at periodic intervals; (e) When products are in transit, the truck driver will possess or display removal receipt and show it upon request as evidence of authority to move products; (f) The scaler’s portion of removal receipt will be surrendered at point of Scaling, the unloading point, or as requested by Forest Service; and (g) TCRCD will notify Forest Service of lost or off-loaded logs and their location within 12 hours of such loss. TCRCD will not place products in storage for deferred Scaling until an accountability system has been agreed to in writing for a stated period. Route of Haul. TCRCD will furnish a map showing the route of haul over which unscaled products will be transported from the Project Area to the approved Scaling location. Such route of haul will be the shortest, most economical haul route available between the points. TCRCD will notify Forest Service when a load of products, after leaving the Project Area, will be delayed for more than 12 hours in reaching Scaling location. TCRCD will require truck drivers to stop, if requested by Forest Service, for the following reasons: (a) For accountability checks when products are in transit from the Project Area to the designated Scaling location or (b) For a remote check Scale when products are in transit after being truck Scaled at the designated Scaling location. TCRCD and Forest Service will agree to locations for accountability checks and remote check Scales in advance of haul. Such locations will be established only in areas where it is safe to stop trucks. Product Identification. For agreements west of the 100th meridian, before removal from the Project Area, unless Forest Service determines that circumstances warrant a written waiver or adjustment, TCRCD will:

of 85


TCRCD Project #:

(a) Hammer brand all products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter (b) West of the 100th meridian, paint with a spot of highway-yellow paint all domestic processing products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter. Each paint spot will be not less than three (3) square inches in size. Forest Service shall assign brands and, if Project Area is within a State that maintains a log brand register, brands will be registered with the State. TCRCD will use assigned brand exclusively on logs from this agreement until Forest Service releases brand. TCRCD will furnish and apply highway-yellow paint of a lasting quality (oil-base or equivalent). All hammer brands and/or highway-yellow paint will remain on logs until they are domestically processed. TCRCD will replace identifying marks if they are lost, removed, or become unreadable. TCRCD may remanufacture products into different log lengths. Except for logs remanufactured as part of the mill in-feed process immediately before processing, remanufactured products will be rebranded with the assigned agreement brand and repainted with highway-yellow paint, unless otherwise agreed to in writing by Forest Service. For such remanufactured products, Forest Service may approve use of a brand to be used exclusively as a catch brand, in lieu of the assigned agreement brand. Scaling Lost Products. The volume of lost products will be determined by the best methods currently available, using data from the records for the period in which the loss occurred or the most applicable period if loss should occur substantially after cutting. In the absence of specific information indicating size or species of lost products, species distribution and volume for entire truckloads will be assumed to be the same as the average volume. Scaled per truck during the report period, and for individual products it will be assumed that the volume and species were the average volume of the highest priced species Scaled during the report period. Scaling Lost Sample Loads. If Scaling is being done by sampling loads of logs, TCRCD will present such sample loads for Scaling by Forest Service. If loads of logs selected to be sample Scaled are placed in the decks before they are Scaled, they will be considered as lost sample loads. It will be difficult, if not impossible, to determine the volume and species contained in such loads for payment purposes. Therefore, lost sample loads will be deemed to have a Scale volume and species composition equal to that of the highest value load Scaled during the sampling period, as established by Forest Service. If no sample loads were Scaled during the period, the Scale data for the high valued load will be taken from the most current preceding sampling period with Scale. Sample loads lost as a result of Forest Service actions will be treated as non-Scaled loads. Use of Timber. (a) This agreement is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 USC 620, et seq.). (b) Unprocessed Included Timber will not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by TCRCD or any person as defined in the Act (16 USC 620e). (c) Timber in the following form will be considered unprocessed: (i) Trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use; (ii) Lumber, construction timbers, or cants intended for remanufacturing not meeting standards defined in the Act (16 USC 620e); and (iii) Aspen or other pulpwood bolts exceeding 100 inches in length. (d) Unless otherwise agreed in writing, unprocessed Included Timber will be delivered to a domestic processing facility and will not be mixed with logs intended for export. (e) Prior to award, during the life of this agreement, and for a period of 3 years from Termination Date, TCRCD will furnish to Forest Service, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by TCRCD or affiliates. (f) Prior to delivering unprocessed Included Timber to another party, TCRCD will require each buyer, exchangee, or recipient to execute an acceptable agreement that will: (i) Identify the Federal origin of the timber; (ii) Specify domestic processing for the timber involved; (iii) Require the execution of such agreements between the parties to any subsequent transactions involving the timber; (iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable; and (v) Otherwise comply with the requirements of the Act (16 USC 620d). (g) No later than 10 days following the execution of any such agreement between TCRCD and another party, TCRCD will furnish to Forest Service a copy of each such agreement. TCRCD will retain, for 3 years from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber. (h) Upon request, all records dealing with origin and disposition of Included Timber will be made available to Forest Service.

of 85


TCRCD Project #:

APPENDIX B MAP OF STEWARDSHIP PROJECT AREA

of 85


TCRCD Project #:

APPENDIX C FINANCIAL PLAN

[Instructions: Complete the financial plan to display the total project value.]

© (a) (b) (c) (d) (e) (f) (g) Forest

Service Value

of Cash TCRCD

Value of

Cash Contributions

Non-Cash

Forest Products

To In-Kind Third Party

Cost Elements Contrib. To Reimburse

TCRCD expenses

TCRCD Contrib. Contrib Non-Fed

Federal Subtotal

Salaries/Labor Timber Culvert

replacement

Weed Treatment Supplies/Materials

Subtotal Indirect Costs

Total 1 (h)

1See the Schedule of Items, Exhibit E, for a break down of these costs.

Costs Determination Percent Reimbursement Calculation Total Forest Service Share = (i) Forest Service reimbursement percent (m) (a+b+c) ÷ (h) = © ____ % (c) ÷ (c+d+f+g) = (m) ____% Third Party Cash Contribution Federal = (j) TCRCD expenses not reimbursed by Forest Service (n) (g) ÷ (h) =(j) ____ % (d+f+g) ÷ (c+d+f+g) = (n) ____% Total Federal Share (k) (i+j) = (k) ____% Reimbursable Amount = Total actual cost incurred to date (sum of cost element’ from the TCRCD's invoice as prescribed in provisions * _____ and * _____ ) multiplied by _____% (m),

minus any previous Forest Service payments, not to exceed the total amount©sted in column (c). Total TCRCD Share = (l) (d+e+f+g) ÷ (h) = (l) ____% Total (k+l) = 100 %

* Note: all costs need to be broke down to match what is showing in the chart above. a). Forest Service Contribution: Forest Service employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total

Forest Service indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Forest Service. b). Value of Forest Products to Reimburse TCRCD Expenses: The value of timber or other forest products such as, but not limited to biomass, seed,

forage, fungi, and Christmas trees available for reimbursement of TCRCD’s expenses. c). Cash to TCRCD: The figure(s) listed here are both the maximum Forest Service funds to be obligated for reimbursement and TCRCD expenses that are

not included anywhere else on this form. This is an expense to the Forest Service. d). TCRCD Contribution: TCRCD employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total TCRCD indirect

cost (overhead) is also included in this column. All the costs listed here are an expense to TCRCD. e). Value of TCRCD In-Kind Contribution: TCRCD noncash contributions provided toward completion of the project for which TCRCD has incurred no

expense. These contributions can be made from TCRCD or through TCRCD by other entities and include such items as volunteer labor, donated materials, equipment, supplies, etc.

f). Third Party Cash Contribution Non-Federal: Cash contribution provided to TCRCD from Non-Federal organization(s) for use in the project. Display

these contributions by Cost Element expenditures.

of 85


TCRCD Project #:

g). Third Party Cash Contribution Federal: Cash contribution provided to TCRCD from Federal agency(ies) for use in the project. Display these contributions by Cost Element expenditures.

h). Estimated Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project.

of 85


TCRCD Project #:

APPENDIX D TIMBER REMOVAL SPECIFICATIONS

[Instructions: Complete this section when timber removal is anticipated. Include scaled or tree measurement specifications, as appropriate.] D1 – Location and Area - Also refer to Appendix B

This Project Area of acres more or less is located in:

D2 – Volume Estimate and Utilization Standards

Minimum Specifications Merchantable Tree Piece Required to be Removed

Species Product Estimated Quantity

Unit of Measure

Diameter Breast High

(d.b.h.)

(inches)

Number of

Minimum Pieces

per Tree

Length

(feet)

Diameter Inside

Bark at Small End

(inches)

1/

Total Quantity 1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate. [Insert the following language for scaled measurement.] To meet minimum tree specifications, trees must equal or exceed tree diameters listed above and contain at least one minimum piece. TCRCD shall fell and buck such trees and shall remove them from the Project Area and present for scaling all pieces that meet minimum piece standards or would have qualified as part of minimum pieces if bucking lengths were varied to include such material. [Insert the following language for tree measurement.] To meet minimum tree specifications, trees must equal or exceed tree diameters listed above and contain at least one minimum piece. TCRCD shall fell and buck such trees and shall remove them from the Project Area all pieces that meet minimum pieces standards or would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

of 85


TCRCD Project #:

D3 – Timber Designations Number Acres

of 85


TCRCD Project #:

D4 – Timber Payment Rates- Flat Rates

Species Product Unit of

Measure Rate per Unit of

Measure Required Deposits

Slash Disposal

[Insert the following language for scaled measurement] Included timber that is removed by TCRCD and presented for scaling in the product form stated in D2 shall be paid for with cash or earned stewardship credits for at the rates listed above. [Insert the following language for tree measurement.] D4.1 – Schedule of Payment Units

Payment Unit Number

Approximate Acres Species

Product

Quality

Unit Of

Measure

Total Flat Rate Payment

Total RequiredDepositsFor SlashDisposal

Included timber that is released for cutting shall be paid for with cash or earned stewardship credits for at the rates listed above.

of 85


TCRCD Project #:

D5 – High Stumps

Species Product Maximum Stump Height

(inches)

Stump Heights shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth above, except that occasional stumps of greater heights are acceptable when TCRCD determines that they are necessary for safe and efficient conduct of logging. Unless otherwise agreed, TCRCD shall re-cut stumps so they will not exceed heights specified above and shall dispose of severed portions in the same manner as other logging debris. D6– Specified Roads

Name and Date of Governing Road Specifications:

Performance Responsibility Project

Road No. Name Design Class

Approx.Length

(mi./km.)

Sheet Numbers and

Approval Date Survey Design Const.

Staking

of 85


TCRCD Project #:

[Insert the following table for scaled measurement.] D7 – Scaling Instructions and Specifications

Name and Date of Governing Instructions:

Scaling Specifications

Trim Allowance

Species Product

Maximum Scaling Length (feet)

Diameter Range

(inches)

Length Range (feet)

Trim Allowance

(inches)

[Insert the following tables for tree measurement.] D7– Measuring The estimated volume of timber in D2 has been determined by standard procedures described in FSH 2409.12, Timber Cruising Handbook. The following table describes the type of cruising method used to determine quanties.

Payment Unit / Cutting Unit Cruising Method

Estimated quantities of timber subsequently included by agreement not previously measured will be determined using standard cruise methods as described in FSH 2409.12. Timber Cruising Handbook, or, if attached, using the Additional Volume Calculation Table based on information generated from the timber sale cruise.

of 85


TCRCD Project #:

Additional Volume Calculation Table _____________________Stewardship Project

Unit#: Date: Measured by:________________________

Note: Volumes in this table are taken from a volume table generated using cruise data specific to this project.

This Table is not valid for any other project.

Species

Diam. Class (DC)

Diameter Range

Net CF Volume Per Tree

Total # Trees inDiam. Class (DC)

Expanded DC Volume (# Trees x

Tree Volume)

Tree Tally/Comments

Total

Note: “Volume Regression Program” version 2.0 was used. Table developed by:__________________________________

Enter instructions for species (live and dead) where sufficient cruise data was not available to develop valid regressions for certain species or diameter class.

Species

Live Or

Dead DBH

Total Height

Defect

Volume from FS Cruiser, OUT file

Note: Attach FSCruiser cruise output file to this form to complete additional volume documentation.

of 85


TCRCD Project #:

D8 – Advance Deposits TCRCD agrees to make cash deposits in advance of cutting to meet charges in the Integrated Resource Account. These deposits may be in the form of cash, acceptable payment bond, earned stewardship credit or any combination thereof. Advanced deposits will be in such amounts as to maintain an unobligated balance sufficient enough to cover the value of timber to be cut. Forest Service and Cooperator will agree on a systematic approach to provide sufficient advanced deposits. If the credit balance in the Integrated Resource Account is less than the amount due for timber, the Forest Service will suspend all or any part of TCRCD operations until payment or acceptable payment guarantee is received.

D9 – Title Passage [Insert the following language for scaled measurement.]

All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been cut, Scaled, removed from the project area or other authorized cutting area, and paid for, at which time title shall then vest in TCRCD. Timber cut under cash deposit or acceptable payment guarantee shall be considered to have been paid for. Title to any Included Timber that has been cut, Scaled and paid for, but not removed from the project area or other authorized cutting area by TCRCD on or prior to the Termination Date, shall remain in Forest Service. [Insert the following language for tree measurement.] All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been Measured, paid for, and removed from the project area or other authorized cutting area, and paid for, at which time title shall then vest in TCRCD. Timber in Payment Units released for cutting covered by cash deposit or payment guarantee shall be considered to have been paid for. Title to any Included timber that has been Measured and paid for, but not removed from the project area or other authorized cutting area by TCRCD on or prior to the Termination Date, shall remain in Forest Service.

D10– Liability for Loss [Insert the following language for scaled measurement.]

If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from the project area, but before scaling, shall be borne by TCRCD at Timber Payment Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event. [Insert the following language for tree measurement.] If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by TCRCD, unless TCRCD is prevented from removing such timber as agreed by Forest Service. Deterioration or loss of value of salvage timber is not an unexpected event. [Insert the following language for both forms of measurement.] In the event Included Timber to which Forest Service holds title is destroyed, TCRCD will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, the Forest Service shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Timber Payment Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for the Forest Service to supply, or for TCRCD to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

of 85


TCRCD Project #:

D11– Fire Precautionary Period

Specific fire precautionary measures are set forth below. Upon request of Forest Service, TCRCD shall permit and provide an individual to assist in periodic testing and inspection of required fire equipment shall promptly remedy deficiencies found through such inspecting and testing. The following requirements shall apply between________________ and __________________, and during other such periods as specified by Forest Service. State Fire Laws. Where State laws provide specific requirement, these requirement must also be met. Smoking and Lunch fires. TCRCD shall prohibit smoking and the building of fires by persons engaged in TCRCD’s operations, except at established camps and shall enforce this prohibition by all means within TCRCD’s power. Forest Service may, on written request of TCRCD, designate places where (1) campfires may be built for the purpose of heating lunches, or (2) smoking may be permitted. Such designated places shall be cleared of flammable material to mineral soil prior to use. Debris Around Structures. TCRCD shall clear and maintain an area free of flammable material for a distance not less than 15 feet from buildings, tents, and other structures connected with TCRCD’s operations. Furnishing of Tools. TCRCD shall furnish sufficient fire tools of a kind and type satisfactory for fire suppression to equip persons engaged in TCRCD’s operations. Fire tools shall be used only for suppressing wildfires. Tools shall be stored in fireboxes provided by TCRCD and readily available to employees. Each toolbox shall be marked “Tools for Fire Only.’ Painted red and kept sealed. Fire tools on Equipment. Each tractor, power skidder, power loader, and motor truck shall be equipped with one size 0, or larger round-pointed shovel. Shovels shall be so placed on the machines that they can be readily obtained at all times. Spark Arresters. Each gasoline or diesel internal combustion engine, except power saws, shall be equipped with a spark-arresting device which has been approved by Forest Service. After installation, spark-arresting device shall be kept in a satisfactory working condition.

Powersaws. Each gasoline powersaw shall have a spark-arrester muffler affixed and in good working condition. Said spark-arrester muffler shall be of the construction and maintained to the standards approved by Forest Service. In addition, one chemical pressurized fire extinguisher of not less than 8-ounce capacity, by weight, and one size 0, or larger, round-pointed shovel shall also be provided. The spark-arrester muffler, extinguisher, and shovel shall be maintained in good working condition al all times. The shovel and extinguisher shall be readily available. Blasting. The use of fuses and detonating cord in blasting shall not be permitted. During the period specified above blasting shall be permitted as follows:

A. When the predicted Condition Class reaches 3 (High), a watchman shall patrol the blasting area for a least 1 hour following blasting. The watchman shall have available for immediate use a standard fire shovel and a 5-gallon water filled backpack pump.

C. When the predicted Condition Class reaches 4 (Very High), blasting shall be restricted to cleared areas and terminated daily by 11

a.m. local time. The watchman requirements shall be as in item A above. D. Blasting operations may be terminated when the predicted fire danger reaches extreme conditions. Gasoline and Oil Storage. Gasoline, oil, grease, or other highly flammable material shall be stored in a separated building (or on site where all flammable debris has been cleared away within a radius of 25 feet). Storage buildings (or sites) shall be a minimum distance of 50 feet from other structures. A suitable shovel, and dry sand in a covered container of not less than 25-gallon capacity (or a fire extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires), shall be placed at each gasoline and oil shed, or other motor-fueling station. Mobile servicing units shall be equipped with a fire extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires.

of 85


TCRCD Project #:

Camp Hazards. Stoves, stovepipes, chimneys, and electric wiring shall be located and maintained to the safety standards set forth in applicable sections of the Forest Service Health and Safety Code, dated march 1970, as revised. Burning Plan. No slash burning shall be started by TCRCD without obtaining Forest Service approval of a written burning plan and also obtaining a burning permit from the Forest Service.

of 85


TCRCD Project #:

of 85

APPENDIX E SCHEDULE OF ITEMS

[Instructions: Complete this form when forest products will be exchanged for services.]

Item Number Description Method of Meas.

Unit Quantity Unit Price $

Total $

APPENDIX F

STEWARDSHIP CREDITS - MONTHLY TRACKING

USDA Forest Service Shasta-Trinity National Forest Master Agreement #:

09-CS-11051400-032 09-PA-11051400-033

Trinity County Resource Conservation District (TCRCD) Reference #: Expiration Date 12/31/2018

of 85

APPENDIX G STEWARDSHIP CREDITS - MONTHLY BALANCE

USDA Forest Service - Trinity County Resource Conservation District

Documents

Transcript of USDA Forest Service - Trinity County Resource Conservation District