Timber Sale Area

TIMBER SALE AREA

PROVISION

Section 2210. Designated Timber. The timber is located on the Timber Sale Area designated on Exhibit A.

In accordance with Section 1020, "Sale of Timber," the following is Designated Timber, except as excluded by Sections 2220 through 2250, “Reserved Timber,” and Section * , “ ,” and may be removed by PURCHASER in accordance with the terms and conditions of this Contract:

[ONE OR MORE OF THE FOLLOWING STATEMENTS MAY APPEAR IN THE CONTRACT DEPENDING ON THE OPTIONS SELECTED DURING SALE PREPARATION]

( ) All timber cut in accordance with the specifications in Section 2310, "Felling," and Section 2320, "Thinning Specifications," within (Area(s) *______) (*the Timber Sale Area) (*and for Project Work in Section 2610). [THIS LANGUAGE WILL ONLY APPEAR IN “AUTOMARK” THINNINGS]

( ) All marked trees within (Area(s) *______) (*the Timber Sale Area).

( ) All marked standing trees and all marked dead or down trees within (Area(s) *______) (*the Timber Sale Area).

( ) All unmarked trees within (Area(s) *______) (*the Timber Sale Area).

( ) All unmarked conifer trees and Snags greater than (*5, * ) inches DBH within (Area(s) *______) (*the Timber Sale Area).

( ) All timber within (Area(s) *______) (*the Timber Sale Area).

( ) All timber within Area * R/W.

( ) All standing trees within (Area(s) *______) (*the Timber Sale Area) and all down trees and logs which are less than * inches in diameter at the large end.

( ) All timber within Group Selection Area(s) shown on Exhibit A within (Area(s) *______) (*the Timber Sale Area).

( ) All trees marked with * between Points *______and *______and between Points * and * .

( ) All trees and Snags marked with *______paint within (Area(s) *______) (*the Timber Sale Area).

( ) All timber felled in accordance with the requirements of Project No(s). *______and *______in Section 2610, “Project Work.” ( ) All (*trees) (*trees and Snags) (*within “Right-of-Way Boundary” signs) (*or marked with *______paint) between the points specified in Project No(s). *______, *______, and *______in Section 2610, “Project Work.”

Boundary markings are as follows:

[ONE OR MORE OF THE FOLLOWING STATEMENTS WILL APPEAR IN THE CONTRACT DEPENDING ON WHAT TYPES OF BOUNDARY MARKERS WERE USED TO IDENTIFY SALE AREAS AND/OR RIGHT OF WAY BOUNDARIES]

( ) (Area(s) * ) (*The Timber Sale Area) (*is *are) posted with "Timber Sale Boundary" signs, * flagging, and * paint.

( ) Area (*s) * (*is *are) not posted.

( ) Area * R/W is posted with "Right-of-Way Boundary" signs.

( ) The boundar*(y)(ies) between Areas * , * , and * (*is *are) posted with "Area Boundary" signs.

( ) Marked trees are any trees with * paint marks on the trunk below stump height.

( ) The Green Tree Retention Area(s) (*is *are) posted with "______Boundary" signs, * flagging, and * paint.

( ) The Group Selection Area(s) (*is *are) posted with "______Boundary" signs, * flagging, and * paint.

( ) The Stream Buffer is posted with “Buffer Zone” signs, *______flagging, and *______paint.

( ) The Area Boundary (ies) between Area(s) * and Area(s) *______(*is *are) not posted, but follows along the ______Road, as shown on Exhibit A.

PURCHASER shall not use or possess any * paint on the Timber Sale Area.

Rev. 10/04

INTENT/EXPLANATION

This section is intended to clearly link the timber being sold to the specific areas marked on the ground (sale areas and rights of way), and to the Exhibit “A”. As a result of this clear linkage, Purchaser’s removal of material under the contract is limited to that which is located within the areas described.

POLICY REFERENCES

GUIDANCE FOR ADMINISTERING THE PROVISION

The Contract Administrator should become familiar with the sale boundaries prior to any operations on the area. One of the best ways to do this is to inspect the boundaries with the person who posted them. If this person is not available, the administrator should use aerial photos and exhibits to locate the boundaries prior to checking them out. During inspection of the boundaries, the administrator should note any place where boundary markers have been lost or where poor posting has been done and correct the problem as the boundary is inspected. On many large sales, it may not be practical to personally inspect all boundaries prior to commencement of operations.

Prior to any operations on the sale area, the Contract Administrator and the Purchaser and/or the subcontractor should either make a joint inspection of the sale boundaries, or review and discuss sale boundary locations at the Pre-Operations meeting. Any questions or problems concerning the boundaries should be discussed and resolved at this time, if possible. In addition, the Contract Administrator should emphasize the importance of the Purchaser promptly reporting any boundary discrepancies encountered on the timber sale. This could include inadequately marked boundaries or boundaries that appear to be in locations that differ from what is shown on the Exhibit A.

Periodic inspections of the sale boundaries should be made by the Contract Administrator during the term of the contract. Boundaries may need remarking or refreshing when paint marks fade or when tags or ribbons become lost or damaged. Areas that are posted during winter months may need additional marking when “green up” has occurred.

This section can also prohibit the Purchaser from having any color of paint on the sale area that has been used for marking trees. If the Purchaser is found to have prohibited paint on the sale area, the contract should be suspended and an examination made of the area to determine if any unauthorized marking has occurred.

Final boundary inspections should be made after completion of operations on each setting or unit of the sale. A final inspection should be made after completion of all operations.

APPROVAL AUTHORITIES The Contract Administrator has the authority to determine if a boundary has been compromised, or if timber other than designated timber has been cut or removed.

WHO TO CALL Any questions regarding the location of boundaries or how they were marked should be directed to sale preparation personnel if they are available, or to the Unit Forester. If the Contract Administrator suspects or becomes aware of timber removal outside the marked boundaries, the Unit Forester and Asset Management Unit staff should be notified immediately. TRAINING METHODS On the job training with an experienced Contract Administrator, and/or Unit Forester. PROVISION

Section 2220. Reserved Timber. Reserved Timber is that timber, including trees, Snags, and logs, on the Timber Sale Area which is not sold to PURCHASER. Reserved Timber shall not be damaged, cut, or removed by PURCHASER, unless otherwise approved in writing by STATE. Failure to leave the required Reserved Timber shall be handled as described in Section 2260, “Reserved Timber – Damages.”

Rev. 10/04

INTENT/EXPLANATION

This section establishes what timber within the timber sale areas is not sold to Purchaser under the contract, and references Section 2260, which specifies penalties for damage and/or removal of reserved timber.

POLICY REFERENCES

ORS 527.676 - Leaving snags and down logs in harvest type 2 or type 3 units. This statute establishes minimum standards for retention of snags, down logs and green trees in and adjacent to harvest units. http://landru.leg.state.or.us/ors/527.html

NW and SW Oregon State Forest Management Plans – Landscape Management Strategies – The strategies in these plans contain specific standards for snag, down wood and green tree retention that exceed those specified in ORS 527.676. The specific strategies for these elements can be found on pages 4-52 through 4-55 in the NW FMP, and pages 4-50 through 4-53 in the SW FMP.

Link to Chapter 4 of NW FMP: http://www.odf.state.or.us/DIVISIONS/management/state_forests/sfplan/nwfmp01-final/16-4-Strategies.prn.pdf

Link to Chapter 4, Part 2 of SW FMP: http://www.odf.state.or.us/DIVISIONS/management/state_forests/sfplan/swfmp01-final/10-4b-Strategies- 2.prn.pdf

Prior to the Pre-Operations meeting with Purchaser, the Contract Administrator should review what type of material within sale areas has been identified as reserved timber, and how that material has been marked or described. Failure to clearly communicate reserved timber specifications to fallers and other subcontractors can often lead to inadvertent removal or damage to reserved trees. The CA should review reserved timber requirements and procedures for avoiding damage with the Purchaser during the Pre-Operations meeting. If key subcontractors, like the timber fallers, are not present at the meeting, it is essential that the administrator meet with them on the ground at the start of operations to assure that they are aware of the reserved timber specifications. Depending on the complexity of the timber sale prescription it is very helpful to handout a "cheat sheet" to the timber fallers at this meeting. The CA can include all pertinent parts of the contract in an abbreviated, easy to understand document that fallers can carry with them and use on site.

The forest management plan strategies referenced above include specific retention standards for green tree retention, snag retention and down wood retention. However, compliance with the standards in the FMPs is not measured on an individual harvest unit basis. Thus, retention standards for a given harvest unit may, or may not exceed the Forest Practices Act minimum of ORS 527.676. The CA needs to be familiar with the retention specified in Section 2230, Down Wood and 2240, Snags and Trees, how those relate to FPA standards, and resolve any questions or inconsistencies found.

If the retention standards specified in the contract for a given harvest unit do not meet the FPA standard then an “Alternate Plan” should be developed and approved as part of the Pre-Operations meeting and Operations Plan approval.

APPROVAL AUTHORITIES The Contract Administrator has the authority to approve reserved timber compliance or non-compliance on a timber sale area.

WHO TO CALL Any questions regarding the number or location of reserved timber specified in this section should be addressed with the Unit Forester or Area Biologist.

TRAINING METHODS Classroom module that addresses FMP and FPA retention standards for trees, snags and down wood, and how those are administered on operations. On the job training with experienced Contract Administrators and Area Biologist. PROVISION

Section 2230. Reserved Timber - Down Material.

[THE FOLLOWING STATEMENTS ARE LANGUAGE THAT MAY APPEAR IN THE CONTRACT SPECIFICALLY IDENTIFYING THE DOWN MATERIAL THAT MUST BE LEFT ON THE SALE AREA]

( ) All trees felled in accordance with the requirements of Section 2340, "Felling for Down Wood."

( ) Tops resulting from requirements in Section 2310, "Felling," and not meeting removal requirements of Section 2045, "Log Removal."

( ) Down trees and logs, (*except those meeting the removal requirements in Section 2045, “Log Removal.”) (*except as specified by the following:)

( ) Down trees within the Green Tree Retention Area(*s) shown on Exhibit A.

( ) In Areas *______, an average of *______cubic feet of conifer logs per acre. Logs shall contain a minimum of 10 cubic feet of volume, and be no shorter than 6 feet in length, to be selected by PURCHASER. Two logs per acre shall be at least 24 inches in diameter, at the large end where available. Conifer logs must be in Decay Class 1 or 2 condition, as indicated by intact bark and original wood color. Trees and/or logs shall be well distributed across the Timber Sale Area(s).

( ) At least * and not more than * trees (*or logs) per acre, of which 50 percent or more must be conifer, (* feet in length,) (*and containing a minimum of [* *10] cubic feet of volume and no shorter than [* *6, *8] feet in length,) (*and having a diameter of at least 12 inches measured at the large end,) to be selected by PURCHASER. (*Trees or logs shall be well distributed across the Timber Sale Unit.) [NOTE: FPA minimums for conifer are 6 feet in length and 10 cubic feet gross volume.] .

Rev. 10/04

INTENT/EXPLANATION

The intent of this section is to specify down material that is to be left on the unit to meet Forest Practices Act and/or forest management plan requirements. These specifications have been designed to meet specific District needs in implementing the FMP through their implementation plan and annual operations plan.

POLICY REFERENCES

ORS 527.676 leaving snags and down logs in harvest type 2 or type 3 units.- This statute establishes minimum standards for retention of snags, down logs and green trees in and adjacent to harvest units. http://landru.leg.state.or.us/ors/527.html

NW and SW Oregon State Forest Management Plans – Landscape Management Strategies – The strategies in these plans contain specific standards for snag, down wood and green tree retention that exceed those specified in ORS 527.676.

The Contract Administrator should review down materials requirements and descriptions in the Pre-Operations meeting.

The objective of the Contract Administrator should be to ensure that the subcontractor is making every reasonable effort to not remove components that are described in writing but not marked on the ground. For example, a fairly recent windfall may be indistinguishable from a felled and bucked tree, and it may therefore be difficult to account for the occasional windthrown tree that ends up being yarded. The Contract Administrator should communicate closely with fallers and with the rigging crew early on during operations to assure they understand the retention requirements, so that inadvertent removal is minimized.

Non reserved trees that have fallen due to adverse weather (wind, snow and ice) since the date that the timber sale was advertised are usually considered to be included as “Designated Timber”, and may be yarded and hauled. These trees were standing when prospective Purchasers were cruising and appraising the stand, and were intended to be removed as part of the sale prescription. Fresh windfalls observed during the posting and cruising process that may later be confused with fell and buck by the choker setters are sometimes marked as reserve trees/logs. In situations where there has been extensive windthrow since the timber sale was cruised, the Contract Administrator should consult with the Unit Forester on the appropriate way to proceed, and clearly communicate with the Purchaser and any subcontractors prior to commencement of operations to assure that they understand what is considered to be reserved timber under this provision.

If necessary, the Contract Administrator may require cull or buckskin logs that were yarded to the landing, or YUM to be reverse yarded back into the unit. It is important to make early inspections as yarding commences to quickly identify any problems with the yarding of reserved material, so that the problem can be corrected before a large amount of material has been yarded.

In some instances a face of a unit may be so steep, that a Purchaser will opt to yard down wood and stockpile it, and then yard it back out, placing it from the bottom to the top to avoid hazardous conditions for the workers. This would be considered a Purchaser’s choice solution unless it was specifically appraised for. The down wood retention requirement is intended to be an average over the whole unit so that hazardous conditions and other factors can be accommodated. For example, fewer down logs retained on a few steep acres and more retained on the gentler ground would meet the overall goal.

As with many contract provisions, it is usually helpful to communicate with the subcontractor early on and discuss how they can evaluate down wood retention as the operation proceeds, and adjust if necessary to comply with the retention standard specified. If the district does not have a standard protocol for evaluating compliance with this provision, the Contract Administrator will need to determine a systematic approach for estimating the amount of down wood on a harvest unit. One possible approach is to determine the acreage of the area logged from the exhibit “A”, locate a few vantage points across the unit, and count logs. This may be difficult to do where large portions of the unit are not easily visible or where slash hides down material. Other approaches to account for down wood include more formal assessments through the use of transects or plots.

If the retention standards specified in the contract for a given harvest unit do not meet the FPA standard then an “Alternate Plan” should be developed and approved as part of the Pre-Operations meeting and Operations Plan approval.

APPROVAL AUTHORITIES The Contract Administrator has the authority to approve down wood compliance or non-compliance on a timber sale area.

WHO TO CALL Any questions regarding the number or location of reserved down wood specified in this section should be addressed with the Unit Forester or Area Biologist.

Section 2240. Reserved Timber - Trees and Snags.

[THE FOLLOWING STATEMENTS ARE LANGUAGE THAT MAY APPEAR IN THE CONTRACT SPECIFICALLY IDENTIFYING THE TREES AND SNAGS THAT MUST BE LEFT ON THE SALE AREA]

( ) Trees other than Douglas-fir (*and ______), except those within rights-of-way, skid roads, cable corridors, waste areas, and Landings.

( ) Snags which are * feet or more in height and * or more inches DBH, except those which need to be felled for safety reasons, as agreed upon between PURCHASER and STATE, or as determined by STATE.

( ) *______trees *______or more inches DBH.

( ) Trees reserved for Snag creation in accordance with Section 2335, "Snag Creation."

( ) All Snags unless determined to be a (* fire or) safety hazard. Felled Snags shall not be yarded or removed.

( ) Conifers with crooks, breaks, missing tops, multiple tops, or other severe defects may be left. Leaving some healthy, high quality trees to meet the number required may be necessary.

( ) (*Unmarked) Trees and Snags within (Area(s) *______) (*the Timber Sale Area) (*marked with *______paint).

( ) Trees less than (* ____) inches DBH (*and less than _____ feet in height) within (Area(s) *______) (*the Timber Sale Area).

( ) Unmarked trees within (*posted) Stream Buffers.

( ) Trees and Snags within the Green Tree Retention Area(*s) shown on Exhibit A.

( ) Bearing (witness) trees.

( ) Trees (*and Snags) (*marked "W" with * paint) and (*posted with "Wildlife Tree" signs) (*posted with "Reserved Tree" signs). (*In addition to the marked trees, PURCHASER shall select and leave sufficient trees (*and/or) (*Snags) so that the total number of standing reserved trees (*and/or) (*Snags) is between * and * on Area * . Trees (*and/or) (*Snags) shall be selected using the following criteria:

( ) Between * and * (*live trees) (*and/or) (*Snags) shall be selected by PURCHASER and reserved from cutting. (*Selections shall have STATE approval prior to commencement of felling Operations.) Trees (*and/or) (*Snags) shall be selected using the following criteria:

( ) Acceptable species for reserved trees are * ______( ) All *______[size, species] shall be reserved from cutting unless determined to be a (*fire or) safety hazard by STATE, except those within rights-of-way, skid trails and roads, skyline cable corridors, and Landings.

( ) Reserved trees (*and Snags) shall be at least *_____ inches DBH and greater than *____ feet tall on (Area(s) *______) (*the Timber Sale Area). [NOTE: Minimum specifications are 11 inches and 30 feet.]

( ) Reserved Snags shall be at least *______inches DBH and greater than *_____ feet tall on (Area(s) * ) (*the Timber Sale Area). [NOTE: Minimum specifications are 11 inches and 30 feet.]

( ) Conifers with crooks, breaks, missing tops, multiple tops, or other severe defects may be left. Leaving some healthy, high quality trees to meet the number required may be necessary.

( ) Reserved trees may be left individually or in groups, with no more than *_____ trees per group (*, and located as shown on Exhibit *_____).

[THE FOLLOWING STATEMENTS MAY APPEAR IN CONTRACTS FOR PARTIAL CUT OR SALES WHERE BUFFERS HAVE NOT BEEN POSTED]

( ) Trees within 25 feet horizontal distance of perennial Type N streams and within (* ______, *100 feet) horizontal distance of Type F streams shown on Exhibit A.

( ) Trees with limbs greater than (* ______, *5 inches) in diameter.

*( ) As directed by STATE, PURCHASER shall leave acceptable substitute trees or Snags for trees or Snags which must be cut. Substitution of trees or Snags without approval by STATE is prohibited.

( ) PURCHASER shall mark and number with paint, in a manner approved by STATE, the required Reserved Timber. The selections must be approved by STATE prior to felling. PURCHASER may mark up to *______percent additional trees, Snags, and logs to allow PURCHASER flexibility during the course of felling and Yarding to choose which of the marked trees to leave.

[THE FOLLOWING LANGUAGE APPEARS IN CONTRACTS FOR THINNING SALES]

( ) Trees required to meet the Residual Tree requirements in Section 2320, "Thinning Specifications."

Rev. 10/04

INTENT/EXPLANATION

This section specifies which reserved trees and snags are to be left on the unit to meet Forest Practices Act and/or forest management plan requirements. These specifications have been designed to meet specific District needs in implementing their district implementation plans and annual operations plans. POLICY REFERENCES

ORS 527.676 - Leaving snags and down logs in harvest type 2 or type 3 units - This statute establishes minimum standards for retention of snags, down logs and green trees in and adjacent to harvest units. http://landru.leg.state.or.us/ors/527.html

NW and SW Oregon State Forest Management Plans – Landscape Management Strategies – The strategies in these plans contain specific standards for snag, down wood and green tree retention that exceed those specified in ORS 527.676.

Review green tree retention requirements, locations and descriptions in the Pre-Operations meeting. The Purchaser or subcontractor should be instructed to notify the Contract Administrator in advance if a marked or identified reserve tree is in the way, or as soon as possible after a reserve tree has been accidently damaged or knocked down. Faded marked trees may need freshening up to avoid unintentional felling.

In some instances a Contract Administrator and Purchaser may agree, in advance of felling, to leave a group of replacement trees to swap out for reserve trees that are identified as difficult to protect. This strategy involves leaving the replacement group in a location that could be cut and yarded at the conclusion of the sale if the swap is not necessary. The replacement group should be of similar size and value to the reserve trees. Refer to Section 2345, Substitution of Trees.

If damage occurs to reserve timber and/or the Purchaser or subcontractor does not inform the Contract Administrator that removal of a leave tree occurred, follow guidance in Section 2260, Reserved Timber – Damages section for payment criteria.

The Contract Administrator should be cautious about the safety implications of requiring retention of snags. The safest way to leave snags is to surround them with green leave trees. Additionally, a line rub in fire season would violate fire rules. Guidance for Section 1610, Permits; Licenses; Safety, includes a discussion of the definition of “danger tree” under OR-OSHA rules. Contract Administrators must be familiar with what constitutes a danger tree as they “negotiate” snag retention requirements.

Specifications that involve Purchaser selected buffers and trees based on written descriptions, require on the ground inspections by the Contract Administrator to ensure they are properly interpreted and applied, and to assure compliance. The Contract Administrator should schedule a time to review application of standards in the field with cutters to ensure understanding of the provision. If the retention standards specified in the contract for a given harvest unit do not meet the FPA standard then an “Alternate Plan” should be developed and approved as part of the Pre-Operations meeting and Operations Plan approval.

APPROVAL AUTHORITIES The Contract Administrator has the authority to determine compliance or non-compliance with the reserved timber specifications.

WHO TO CALL Any questions regarding the number or location of reserved timber components specified in this section should be addressed with sale preparation personnel and the Unit Forester. In some cases, it may be appropriate to consult with the Area Biologist for input on specific retention options.

Section 2250. Reserved Timber - Boundary Trees.

[THE FOLLOWING LANGUAGE MAY APPEAR IN CONTRACTS TO IDENTIFY THE DIFFERENT BOUDARIES AND BOUNDARY TREES THAT ARE RESERVED FROM CUTTING]

( ) Trees posted with "(*Timber Sale) Boundary" signs are reserved from cutting.

( ) Trees posted with "Right-of-Way Boundary" signs within (Area(s) * ______) (*the Timber Sale Area) shall not be cut until road subgrade construction is accepted by STATE. All other trees posted with boundary signs are reserved from cutting.

( ) Trees posted with “Area Boundary” signs are reserved from cutting, except where the cutting of these trees is consistent with the harvest prescription for the Timber Sale Area. In this case, STATE may give permission to cut some or all trees posted with “Area Boundary” signs.

Rev. 10/04

INTENT/EXPLANATION

This section establishes the boundary trees which are reserved from cutting, and how those boundary trees are marked. This assures the integrity of key boundaries, within which contract specifications apply. These same boundaries may also be key to determining whether or not operations have occurred outside of designated areas, or if trespass has occurred.

POLICY REFERENCES

The Contract Administrator should discuss the types of boundaries present in the timber sale and their restrictions in the Pre-Operations meeting. Old boundaries may need to be freshened up to avoid confusion on the part of the timber fallers. This may require inspection of the boundaries prior to meeting with the Purchaser, and/or consultation with sale preparation personnel to determine the need for refreshing boundaries.

State owned boundary trees may occasionally need to be cut due to hang-ups or unintended felling damage. Cutting privately owned trees should be avoided, and if necessary, felling will require permission from the landowner. Purchaser should be instructed to notify the Contract Administrator in advance if a boundary tree is in the way, or as soon as possible after a boundary tree has been accidently damaged or knocked down.

If damage occurs to reserve timber and/or the Purchaser or subcontractor does not inform the Contract Administrator that removal of a leave tree occurred, follow guidance in Section 2260, Reserved Timber – Damages section for payment criteria. APPROVAL AUTHORITIES The Contract Administrator has the authority to determine compliance or non-compliance with the protection of boundary trees required by this section.

WHO TO CALL Any questions regarding the number or location of reserved timber specified in this section should be addressed with the Unit Forester or sale preparation personnel.

TRAINING METHODS On the job training with experienced Contract Administrators. PROVISION

Section 2260. Reserved Timber - Damages.

PURCHASER shall be exclusively responsible for any damage to, or removal of, Reserved Timber. If damage to Reserved Timber occurs and is determined unavoidable by STATE, no charge will be made for damage.

If PURCHASER's activities result in avoidable damage to Reserved Timber as determined by STATE, PURCHASER shall pay for such damage at the following rates:

(a) The Purchase Price shall be paid when:

(1) "Minor damage" to Reserved Timber occurs during the course of normal logging. Minor damage is defined as bark removed down to the cambium layer of a tree, such removal affecting at least 24 square inches, but less than damage defined as "major damage."

(2) Trees must be cut in order to facilitate Operations, or for safety around Landings, as approved in writing by STATE.

(b) Double the Purchase Price (*or $50, whichever is greater,) shall be paid when:

(1) "Major damage" to Reserved Timber is caused by Operations of PURCHASER. Major damage is defined as follows:

( ) Bark removed down to the cambium layer over an area of the bole which has one dimension greater than the diameter of the tree, or any visible bark removal on the tree roots.

[THE FOLLOWING LANGUAGE MAY APPEAR IN CONTRACTS THAT INCLUDE “Automark Thinning”]

*( ) Residual Basal Area on any acre is less than the minimum specifications in Section 2320, "Thinning Specifications."

(2) More than 50 percent of live crown is removed.

(3) Tree is knocked down, or leaning more than 10 degrees from vertical.

(c) Triple the Purchase Price (*or $100, whichever is greater,) shall be paid when:

(1) Reserved Timber is intentionally cut or removed.

(2) Reserved Timber is intentionally damaged.

(3) Repeated major damage occurs to Reserved Timber.

(4) Any intentional "notching" or undercutting of Reserved Timber with an axe or saw occurs. [THE FOLLOWING LANGUAGE MAY APPEAR IN THE CONTRACT WHERE A TREE IMPROVEMENT PROGRAM PARENT TREE IS WITHIN OR ADJACENT TO A TIMBER SALE AREA]

(5) Major or minor damage to a tree that is a Protected Genetic Parent Tree as per Section *______, "*______."

STATE may direct damaged timber to be left. In that case, payment for damage shall be reduced by the Purchase Price of such timber.

Payment for damage to or removal of Reserved Timber shall not release PURCHASER from liability for other damage to property of STATE.

[THE FOLLOWING LANGUAGE MAY APPEAR IN THE CONTRACT TO MORE SPECIFICALLY ADDRESS ACCEPTABLE DAMAGE THRESHOLDS]

If more than * reserved trees on any acre suffer "minor damage," or if any Reserved Timber suffers "major damage" as defined above, STATE reserves the right to:

(A) Suspend felling and/or Yarding until corrective measures have been agreed upon by STATE and PURCHASER.

( ) Suspend felling and/or Yarding from (*______) through (*______).

( ) Require limitations on log length and/or the number of logs in each Yarding turn.

( ) Specify the size and type of equipment to be used.

( ) Require Setting layout and engineering analysis of skyline payloads and rigging configurations.

( ) Require line pulling and winching of logs.

Rev. 10/04

INTENT/EXPLANATION

This section establishes the “consequences” or “penalties” associated with failure to protect the reserved trees described in Sections 2240 and 2250.

It establishes that if a Purchaser damages, cuts or removes any reserved timber, the Purchaser will be required to pay for the timber at one of three rates: contract value, double contract value, or treble contract value. This provision defines three types of damage: minor, major, intentional. This section establishes that the State has the authority to determine if damage was unavoidable.

POLICY REFERENCES

Directive 3-4-3-020 - Volume Adjustments on Existing Timber Sales. \\Salem10a\secure\Policy\Word\3-4-3-020-03-01-1998.doc GUIDANCE FOR ADMINISTERING THE PROVISION

It is important to understand that this provision only applies to reserved timber, that being timber within a sale area that is “reserved” from cutting. Damage to, or removal of timber outside the timber sale boundaries, comes under the provisions of Section 1580, Trespass. Damage to, or removal of timber on other landowners is subject to applicable laws and rules.

It is also important to note that this provision addresses both removal, as well as damage to reserved timver. The contract should contain a definition of damage in Section 2240, Reserved Trees and Snags, if the sale is a partial cut. Examination of various types of damaged trees with the Purchaser and subcontractor should provide a better understanding between the Purchaser, subcontractor and the Contract Administrator as to what constitutes damage.

The Contract Administrator should explain the definitions of Minor and Major damage contained in this provision so that the Purchaser and subcontractor will understand how the State determines damage and so that the Purchaser and subcontractor will be able to also make damage checks.

When damage occurs on a partial cut sale which approaches the normal damage limit, the Contract Administrator should verbally inform the Purchaser and subcontractor of the potential problem. When damage exceeds the normal damage limit, the Purchaser should be given written notification of the violation and should be billed. In addition, the Purchaser should be given a written warning that continued excessive damage will result in billing for treble the contract value in accordance with the Reserved Timber provision of the contract.

Billings for major damage should be made as soon as the damage is discovered. Do not wait until the end of the contract to bill. In determining damages, consider only the damage which exceeds that which is stipulated as allowable normal damage in the contract.

The Purchaser may or may not be permitted to remove timber which has been damaged and paid for, depending upon the extent of the damage. If trees are to be taken, the Purchaser will be billed as specified in the contract.

Directive 3-4-3-020 contains additional direction on the issue of removing reserved trees that have been damaged or cut. It authorizes the District to approve such removal up to $5000 in value. For values between $5000 and $25,000, a special or negotiated sale contract is required. For values between $25,000 and $100,000, a contract modification is required.

"Contract value" is considered to be the bid price established in the timber sale in which the damage occurred. If species or size of trees damaged is different from those in the sale, a current appraisal may be used to determine value. The bid-up factor of the sale in which the damage occurred should be applied to the current appraisal.

The Contract Administrator should expect to see some hang-ups in partial-cut sales which can be considered part of normal logging operations. However, the administrator should be alert to excessive numbers of hang-ups, and require Purchasers to get prior approval for felling hang-ups when the Purchaser has been careless in the felling operations. In any event, the Purchaser should be required to report the felling of any reserved trees to the Contract Administrator.

If the Purchaser is unable to meet the requirements of Section 2240, Reserved Trees and Snags, and/or Section 2320 Thinning Specifications, this provision gives the administrator the authority to require one or more of the following restrictions: 1. Suspend felling and/or yarding until corrective measures have been agreed upon by State and Purchaser.

2. Suspend felling and/or yarding during certain portions of the year.

3. Require limitations on log length and/or the number of logs in each yarding turn.

4. Specify the size and type of equipment to be used.

5. Require setting layout and engineering analysis of skyline payloads and rigging configurations.

6. Require line pulling and winching of logs.

7. Other restrictions that are appropriate.

APPROVAL AUTHORITIES The Unit Forester has the authority to approve damages for reserved timber, within the limits specified. Higher levels of damage (i.e. > $5000) require higher level approvals, as per the directive referenced.

WHO TO CALL Contracts Team Leader

TRAINING METHODS On the job training with experienced Contract Administrators.