high plains district casper field office casper, … pine notice...pitch pine and contract number...

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1 High Plains District Casper Field Office 2987 Prospector Drive Casper, Wyoming 82604 307-2621-7600 TIMBER SALE NOTICE AND PROSPECTUS Sale Name: Pitch Pine Timber Sale (Lump Sum Sale) Contract Number: WYCFO-TS-2019.0001 Notice Date: July 12, 2019 NOTICE IS HEREBY GIVEN that the Bureau of Land Management will offer for sale timber as described herein, Bids will be received by the Casper Field Manager, or his representative, at the Casper Field Office, 2987 Prospector Drive, Casper, Wyoming. The timber sale will commence at 10:00 a.m. on Thursday, August 15, 2019. This prospectus does not contain all contract provisions and exhibits. Contract items listed below are a summary only of certain contract provisions and do not contain the exact wording as shown in the contract. A copy of the timber sale contract, along with all exhibits, is available for inspection at the above office. All bidders should inspect these documents prior to bidding on this sale. An inspection of the Timber Sale Tract will occur on, Tuesday, August 6, 2019 at 9:00 am at the intersection of Circle Drive and Muddy Mountain Road at the base of Muddy Mountain. The right is hereby reserved to waive technical defects in this supplement. DATE, PLACE AND TYPE OF SALE: Sealed bids will be received by the Field Manager or his representative until 4:30 pm., Rocky Mountain Time, on Thursday, August 15, 2019 at the Bureau of Land Management's Casper Field Office, 2987 Prospector Drive, Casper, Wyoming 82604. Sealed bids will be opened at 4:30 pm., on Thursday, August 15, 2019 at this office location. The high bidder will be notified by phone and mail. To qualify for sealed bidding, the bidder must submit a bid in a sealed envelope that includes: a. Deposit and Bid for Timber/Vegetative Resource for a Lump Sum Sale (Form 5440-9) available at the Casper Field Office, attached, or on line https://www.blm.gov/programs/natural- resources/forests-and-woodlands/timber-sales/wyoming

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Page 1: High Plains District Casper Field Office Casper, … Pine Notice...Pitch Pine and contract number WYCFO-TS-2019.0001. Bidding will be restricted to those persons complying with Instructions

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High Plains District

Casper Field Office

2987 Prospector Drive

Casper, Wyoming 82604

307-2621-7600

TIMBER SALE NOTICE AND PROSPECTUS

Sale Name: Pitch Pine Timber Sale (Lump Sum Sale)

Contract Number: WYCFO-TS-2019.0001

Notice Date: July 12, 2019

NOTICE IS HEREBY GIVEN that the Bureau of Land Management will offer for sale timber as described herein, Bids will be received by the Casper Field Manager, or his representative, at the Casper Field Office, 2987 Prospector Drive, Casper, Wyoming. The timber sale will commence at 10:00 a.m. on Thursday, August 15, 2019.

This prospectus does not contain all contract provisions and exhibits. Contract items listed below are a summary only of certain contract provisions and do not contain the exact wording as shown in the contract. A copy of the timber sale contract, along with all exhibits, is available for inspection at the above office. All bidders should inspect these documents prior to bidding on this sale.

An inspection of the Timber Sale Tract will occur on, Tuesday, August 6, 2019 at 9:00 am at the intersection of Circle Drive and Muddy Mountain Road at the base of Muddy Mountain. The right is hereby reserved to waive technical defects in this supplement.

DATE, PLACE AND TYPE OF SALE:

Sealed bids will be received by the Field Manager or his representative until 4:30 pm., Rocky Mountain Time, on Thursday, August 15, 2019 at the Bureau of Land Management's Casper Field Office, 2987 Prospector Drive, Casper, Wyoming 82604. Sealed bids will be opened at 4:30 pm., on Thursday, August 15, 2019 at this office location. The high bidder will be notified by phone and mail.

To qualify for sealed bidding, the bidder must submit a bid in a sealed envelope that includes:

a. Deposit and Bid for Timber/Vegetative Resource for a Lump Sum Sale(Form 5440-9) available at the Casper Field Office, attached, or on line https://www.blm.gov/programs/natural-resources/forests-and-woodlands/timber-sales/wyoming

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No bids for less than the advertised appraised price per product or species and total price will be considered.

b. Appraised sale price is $2395.65. The required minimum bid deposit of $250.00 shall be required. Bid deposit must be in the form of cash, bid bond, money order, bank draft, cashier's check or certified check only. (Personal checks will not be accepted.)

The sealed envelope must be clearly marked that it is a "Bid for Timber”, together with identifying sale name Pitch Pine and contract number WYCFO-TS-2019.0001. Bidding will be restricted to those persons complying with Instructions to Bidders (Form No. 5440-9).

• Form No. 5440-9

Independent Price Determination

• Form 5430-11 will be submitted with seale bid

THE SUCCESSFUL BIDDER, as a condition of award, will be required to complete and/or sign the following forms:

• Form 5450-17, Export Determination.

Forms may be found at https://www.blm.gov/services/electronic-forms

PLEASE MAKE CHECKS PAYABLE TO U.S. DEPARTMENT OF INTERIOR - BLM

A PERFORMANCE BOND A minimum performance bond of not less than $500 will be required for all installment contracts less than $2,500.

LOCATION OF TIMBER: Natrona County, Wyoming. All timber designated for cutting with orange boundary on T. 31 N., R. 79 W., Section 8, N 1/2 of the NW¼ of the NW ¼, Section 8 of the 6th Meridian. Approximately 17.6 miles south of Casper, WY. See attached timber sale location map, Exhibit A. The total contract area is approximately 19 acres. The boundaries of the sale area are marked with orange paint.

STATUS: This proposal consists of the removal of standing live and dead Lodgepole, Subalpine Fir, Limber Pine, and Aspen, for regeneration purposes. The tract will be patch clearcut and patches of regeneration will remain within the stand. It is an overstory removal. To improve wildlife habitat, reduce fuel loading, and produce forest products.

The unsuccessful bidder(s) bid deposit and bid form will be returned within ten calendar days of the bid opening date.

All timber offered for sale hereunder is restricted from export from the United States in the form of unprocessed timber

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A revised Special Provision has been added to the contract that enables the Contracting Officer to suspend the contract to facilitate protection of certain plant or animal species, and /or to modify or terminate the contract when necessary to:

1. Comply with the Endangered Species Act, or;2. Comply with a court order, or;3. Protect species, which are identified for protection through survey and manage and/or protection buffer standardsand guidelines established in the ROD and RMP.

This contract provision limits the liability of the Government to the actual costs incurred by the Purchaser which have not been amortized by timber removed from the contract area.

This Timber Sale Notice does not constitute the decision document for purposes of protest and appeal of a forest management decision. Consistent with 43 CFR Subpart 5003 - Administrative Remedies, the notice of a timber sale, when published, as a legal ad in a newspaper of general circulation, shall constitute the decision document for purposes of protest and appeal. Protests may be filed with the Contracting Officer within 15 days of the publication of the aforementioned decision document in the newspaper. It is anticipated that the decision document will be published in the Casper Star Tribune newspaper on or about September 27, 2018. BLM does not warrant publication on this exact date. All parties considering protest of the timber sale decision document are encouraged to review the aforementioned newspaper to ensure accurate knowledge of the exact publication date.

METHOD OF MEASUREMENT:

The volumes listed are estimates only. The unit(s) harvest volume was determined by variable plot and sample tree-total tally cruising in 2018.

LOG EXPORT AND SUBSTITUTION:

All timber sales, including timber from Federal rights-of-ways, shall be subject to the restrictions relating to the export and substitution of unprocessed timber from the United States in accordance with P.L. 94-165 and 43 CFR 5400 and 5424, as amended.

ADDITIONAL INFORMATION concerning each timber sale tract described herein is available at the Casper Field Office in Casper, WY. A copy of the timber sale contract is also available for inspection at the Casper Field Office. This prospectus includes maps and tables that cannot be made Section 508 compliant. For help with its data or information, please contact the Casper Field Office at 307-261-7600.

AN ENVIRONMENTAL ANALYSIS (EA) was prepared for multiple tracts titled the Muddy Mountain EA, which includes the Pitch Pine Timber Sale. A Finding of No Significant Impact and Decision Record for the EA have been documented. A Determination of NEPA Adequacy (DNA) has been documented for this sale. These documents are available for inspection as background for this sale at the Buffalo Field Office.

ACCESS to sale area is off the Muddy Mountain Road. There are two entrances to the tract, both being two track roads to BLM lands. The unit is located west of the county road. Road construction will be required to be completed before hauling logs off the site. Landings will be located on BLM designated by the authorized officer.

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THE VOLUMES LISTED herein are estimates only, based on 16-foot taper breaks, which must be taken into consideration if comparisons are made with volume predictions based on other standards.. No sale shall be made for less than the total purchase price, without regard to the amount bid per unit, even though quantity of timber actually cut or removed or designated for taking is more or less than the estimated volume or quantity so listed.

APPRAISED PRICES are calculated by determining market value through the analytical appraisal method. The minimum bid increment will be $0.10 per MBF or multiples thereof.

Timber Type, Estimated Volume, and Appraised Value

LOG EXPORT RESTRICTIONS: All timber offered for sale hereunder is restricted from export from the United States in the form of unprocessed timber and is prohibited from being used as a substitute for exported private timber.

NOTE: The volume for this timber sale has been calculated using 16-foot eastside Scribner rules and the cubic log volumes are estimates derived from the 16-foot volumes.

CRUISE INFORMATION: The timber volume for all species has been cruised using the variable plot system. The trees have been cruised and the volume computed using the National Cruise Processing Program for estimating volume in 16-foot lengths and the volume expanded to a total sale volume.

CUTTING AREA: One area totaling approximately 19 acres must be harvested.

ACCESS: Access to the sale is provided by: 1. A public road;

An existing 2-track road that is across the State of Wyoming and road to be developed from fence 2-track intotimbered area.

Species and Product Lodgepole Pine Sawtimber

Lodgepole, Subalpine Fir, Limber Pine, POL

MBF : 111.48 18.16

Appraised Price Per$ (MBF) :

21.00 3.00

Total Appraised Value

$2341.08 $54.48

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2. The prospective purchaser is required to submit as part of their bid package, a valid proof of access acrossprivate lands when no public assess is available (e.g., for example, but not limited to, notarized letter grantingaccess, deed, etc.). The BLM reserves the right for further examination of this proof to determine its validityor clarify its’ scope.

ROAD MAINTENANCE: See Exhibit D map for specification of access and road maintenance responsibility. Only the map page of Exhibit D is included in the Prospectus. Refer to the contract file for the full Exhibit D.

ROAD DECOMMISION AND ENVIRONMENTAL PROTECTION: The purchaser shall make a contribution of ($200.00) for herbicide application of weeds and reseeding.

DURATION OF CONTRACT: Duration of the Contract will be 24 months for cutting and removal of timber.

SPECIAL PROVISIONS: The contract will contain special provisions regarding road construction, road renovation, road maintenance, logging methods, prevention of erosion, logging residue reduction, and submission of a written logging plan specifying spur road locations, landing locations, logging methods, and logging schedule.

Under Sec. 25 of the timber sale contract, tractor logging will be prohibited during periods of excessive soil moisture. OTHER SPECIAL REQUIREMENTS:

The entire tract is whole tree yarding and on slopes >10%, and especially those with containing drainages at the base, the tops and limbs shall be yarded along with the boles of the trees.

The Purchaser shall clean yarding, logging, road construction, decommissioning, and slash disposal equipment, using a water pressure hose, prior to entry on BLM lands.

Upon completion of hauling, the Purchaser shall decommission skid trails, newly constructed roads and renovated roads. Decommissioning measures will take place during the dry season and include:

Decompact skid trails and natural surfaced roads.

Construct drainage dips, waterbars and/or lead-off ditches, as directed by the Authorized Officer place at a location on site as directed by the Authorized Officer.

Place logging slash on road and trail surfaces where available, except where the Clearcut (R/W) Area passes through the Whole Tree Yarding Area.

Block at entry points using stumps, slash, and/or cull logs as directed by the Authorized Officer.

The Exhibit D contains explicit instruction on requirements for creating piles for burning.

NARRATIVE DESCRIPTION OF HOW TO GET TO THE TIMBER SALE AREA: Travel on Casper Mountain Road across Casper Mountain to the intersection of Circle Drive. Go straight through the intersection onto Muddy Mountain Road. Travel to 1.6 miles to the second two track (no livestock fencing or gates off of Muddy Road). Travel

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two track .67 miles to a right turn onto another two track, which ends at a fence running east west. At this point you will proceed north on foot until the orange boundary.

Attachments: Exhibit A- Location Map Exhibit B- Aerial of Cutting Unit Exhibit C- Topographical of Cutting Unit Exhibit D- Piling and Clearing Exhibit E - Section 40 & Section 41

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Exhibit A

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Exhibit B

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Exhibit C

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Exhibit D

SPECIFICATIONS FOR PILING AND CLEARING

Minimum Distance: Distance between the edge of the slash pile and the perpendicular edge of the nearest branch or tree. This distance will be a minimum of 100 feet.

Pile Height: Maximum pile height is 20 feet.

Pile Diameter: Maximum pile diameter is 60 feet.

Material Size: All surplus material will be piled using the “teepee” piling method (see Exhibit B). Tree stems will be toward the center, with needles out. Piled material will be cut to lengths of six feet or less, and will not be in contact with any ground fuels greater than three inches in diameter.

Hazardous Fuel

Processing: The contractor will utilize as much material as reasonably possible for sawtimber, posts/poles, and firewood. The contractor will pile and/or windrow a minimum of 80% of the existing dead and down woody material having a basal diameter in excess of two (2) inches and 90% of the “green” surplus material created by logging.

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Exhibit IBrush Piling Teepee Method

1. Pile slash by using the Teepee method as outlined below:

A. The first two or three stems will be laid flat and all others shall stand in ateepee configuration.

B. Base of stems pointed up and needles toward the ground.C. Longer lengths can be used as pile grows larger.

2. Piles shall not be on top of or in contact with fuels that are larger than threeinches in diameter and should meet the minimum distance specifications outlined inExhibit A.

3. All piles and slash windrows will be located within the unit boundary and a minimumof 15 feet from fence lines, survey corners, brass caps, and/or property boundariesunless otherwise specifically approved in writing by the project technicalinspector.

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Exhibit E

Section 40 Timber Reserved from Cutting

No wildlife trees marked with X, or wildlife signage, including any and all nesting cavities will be harvested.

SECTION 42.1 - SPECIAL PROVISIONS:

A. Logging

1. Prior to the commencement of operations, the Purchaser shall schedule a pre-work meeting and obtain from the AuthorizedOfficer (AO) a written Notice to Proceed. The purchaser shall submit a logging plan commensurate with the terms andconditions of the contract that shall include measures needed to assure protection of the environment and watershed. Alllogging shall be done in accordance with the purchaser's plan of operation.

2. Prior to hauling logs, and if required by the AO, the Purchaser shall provide a copy of the purchase agreement between thePurchaser [and/or the Purchaser's subcontractor(s)] and mill(s), company (ies), individual(s), etc. receiving logs, pulp, or otherproducts from the contract area.

3. Woods operations are limited to conditions, as determined by the Authorized Officer, in which the ground is dry, frozen, orsnow packed to minimize soil disturbance or rutting.

4. Before beginning operations on the contract area for the first time, or after a shutdown of ten (10) or more days, thePurchaser shall notify the AO in writing of the date they plan to begin operations. They shall notify the AO in writing if he/sheintends to cease operations for any period of ten (10) days or more.

5. Cutting shall be done in a systematic manner. If falling operations begin in an area, all designated trees shall be cut andskidded before moving to another area, unless otherwise approved by the AO.

6. When finishing the cutting unit all cutting and rehabilitation shall be completed and approved in writing by the AO.

7. All culls and marginal trees designated for cutting shall be felled concurrently with all other trees designated for cutting in allunits shown on Exhibits B.

8. All trees designated for cutting shall be severed.

9. All limber pine regeneration will be preserved.

10. All regeneration, where possible, shall be protected.

11. All yarding shall be done with crawler-type equipment with angle dozer blades and arches, rubber tired skidders,forwarders, or horses unless otherwise approved by the AO.

12. At least one piece of skidder-type equipment shall be equipped with an operable winch with chokers or grapple to aid inthe recovery process.

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13. If using rubber tired equipment, tire chains must be made available for all drive axles and shall be used as necessary toprevent resource damage or as directed by the AO.

14. Exceptions will not be made for mechanical failures or inadequate equipment.

15. Dozer blades will be removed for yarding unless the operator can demonstrate to the satisfaction of the AO that he canoperate such equipment without damage to reserve trees.

16. Skid trails shall not exceed grades of 35% unless authorized by the AO.

17. Skid trails shall run perpendicular (up and down) the slope. Skid trails may be limited to designated locations authorized inadvance, as determined by the AO.

18. Skid trails shall be spaced at the maximum interval possible to provide the maximum protection to the reserve trees. Skidtrails/roads less than l 00' apart shall be approved by the AO prior to use.

19. Limit the width of skidding corridors to the minimum width necessary for removing logs with minimum damage to reservetrees, the width of each trail shall not exceed fifteen (15) feet measured between trunks of reserve trees, unless otherwiseapproved by the AO.

20. Skid trails shall retain stumps along the edges that are to be high enough (2-3 feet) to act as rub/bumper trees to protectreserve trees from logging damage, as necessary. These stumps will be cut to 12' at the completion of the use of the skid trail.

21. Upon completion of woods operations, the Purchaser shall rehabilitate skid trails by removing all berms, constructingwaterbars and/or placing slash materials over skid trails. The Purchaser may also be required to construct tank traps or Kellyhumps at the beginning of each trail. This work will be accomplished to the satisfaction of the Authorized Officer.

22. No cutting, yarding or loading is permitted outside the harvest area shown on Exhibit B.

23. Landing locations must be located by the Purchaser and pre-approved by the Authorized Officer. No decking shall bepermitted outside of the Harvest Unit unless approved of by the Authorized Officer. Upon completion of woods operations,landings shall be piled as directed in Exhibit H & I, water barred, and ripped, if needed, as determined by the Authorized Officer.

24. This is a lump sum sale.

25. Any products removed in addition to those listed on will be negotiated at no less than fair market value and will beprocessed as a modification to the contract or as a separate permit.

26. During or upon the completion of woods operations, the Purchaser shall cut all non-merchantable stems damaged fromharvest operations within the Harvest Unit, as directed by the Authorized Officer, and shall pile the debris as described inExhibits H & I.

27. Live conifers over 8 inches dbh will be cut and removed regardless of merchantability. Trees will be cut to a 5 inch top orsmaller. All trees shall be cut so that the resultant stump height on the uphill side shall not exceed twelve (12) inches.

28. The Purchaser shall protect all fences within the cutting units from damages resulting from logging operations. Shoulddamages occur, the Purchaser is required to make repairs to said fences before the end of the operating season or immediatelyif livestock are present.

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29. While performing woods operations, the Purchaser shall follow State of Wyoming Best Management Practices (BMPs). A copy will be supplied upon request or the purchaser may find online: http://slf-web.state.wy.us/forestrydivision/bmpcoverpages.pdf

30. Hanging trees that are a result of logging operations shall be brought to the ground immediately. If these trees cannot be brought down during the same operating period they must be identified as a hazard tree and marked with bright flagging which shall be visible from all sides.

If reserved timber is cut the AO shall be immediately notified. This severed reserved timber shall be marked on the stump and butt end of the log with an X using highly visible colored paint.

B. Utilization & Recovery Standards

All culls and marginal trees designated for cutting shall be felled concurrently with all other trees designated for cutting in all units shown on Exhibits A-1.

All trees designated for cutting shall be severed.

In addition to Exhibit B, all logs severed which are greater than or equal to six (6) inches DOB at the top and longer than eight (8) feet in length shall be decked or windrowed at the location designated by the AO, except logs sold and removed from thecontract area.

C. Wildlife Protection:

The Purchaser shall comply with the Environmental Assessment (EA) for the (DO1-BLM-WY-P060-2015-

D. Equipment Cleaning:

Contractor shall insure that all off-road equipment moved on to BLM administered land under this contract is free of soil, seeds, vegetative matter or other debris that could contain or hold weed seeds. For purposes of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Visual inspection by Buffalo Forestry Staff, or their designated appointee, will be required prior to moving equipment onto BLM land. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to the BLM is available at the Buffalo Field Office for this contract.

E. Road Construction. Use and Maintenance

A Prework conferences will be held prior to the start:

1) Of new construction, and renovation, and again

2) prior to surfacing operations. The Purchaser shall request the conferences at least 2 weeks prior to the time it is to be held.The conference will be attended by the Purchaser and/or his representative(s), subcontractor(s) and/or his or theirrepresentative(s) and the Authorized Officer and/or his representative(s).

3) The purpose of the prework conferences will be to review the required work, exhibits and specifications, and to establish awork schedule and a list of the Purchaser's representatives and subcontractor(s).

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4) Before beginning road construction operations for the first time or after a shutdown of 7 or more days, the Purchaser shallnotify the Authorized Officer of the date he plans to begin operations. The Purchaser shall also notify the Authorized Officer ifhe intends to cease operations for any period of 30 or more days.

5) All road segments not completed during dry weather periods shall be winterized, by providing a well-drained roadway bywater barring, maintaining drainage and any additional measures necessary to minimize erosion and other damage to theroadway, as directed by the Authorized Officer.

6) All road construction/renovation shall be completed to the satisfaction of the AO prior to hauling.

The Purchaser is authorized to use all designated haul routes on the contract area which are under the jurisdiction of theBureau of Land Management for the removal of government timber sold under the terms of this contract; provided that atall times the Purchaser shall put, maintain, and leave all roads on the contract area in a condition satisfactory to the AOduring the period of his operations on the contract area.

7) Purchaser shall perform all road clean-up including removal of bank slough, slides and fallen timber, which can practicablybe accomplished by a motor patrol grader equipped with a front end blade, rubber-tired front end bucket loader, orcomparable equipment, and by the use of hand tools. When working conditions dictate end hauling of material, the distanceand the quantity of material required to be moved shall be limited to what is reasonable and practicable without the use ofadditional equipment.

8) Purchaser shall perform preventive maintenance at end of Purchaser's hauling each season and during non-hauling periodswhich occur between operations on the contract area to minimize weather damage to roads during non-hauling periods. Thismay include, but shall not be limited to, slide repairs, cross-ditching, end hauling, blading to remove ruts or other surfaceirregularities which would interfere with normal runoff of water and cleaning of ditches and culverts.

9) Purchaser shall maintain the cross section of dirt or graveled roads as presently existing or where applicable, to thereconstructed standards required by this contract, by blading and shaping the road surface and shoulders. Banks shall not beundercut. Established berms shall be maintained and additional berms shall be placed where needed to protect fills anddirected by the AO. Vegetation shall not be disturbed or removed from cut and fill slopes on existing roads except where adistinct safety hazard exists.10) Purchaser shall grade the roads at the beginning of the hauling season, after each 500,000 board feet of timber is hauledover the road if required by the AO, at the end of each hauling season and at the termination of the contract.

11) Any required improvement of roads shall be completed and accepted prior to the removal ofany timber, except right-of-way timber, over that road. The Purchaser shall refrain from removing established vegetation onroads where it is not necessary for safe log truck use and/or proper road drainage.

F. Excavation and Embankment

1. Borrow material from sources selected at the Purchaser's option shall be inspected andapproved in writing by the Authorized Officer prior to placement.

2. Ditches shall conform to the slope, grade, dimensions, and shape of the required crosssection shown on the plans. Roots, stumps, rocks, and other projections shall be removed toform smooth, even slopes.

3. Excess excavated, unsuitable, or slide materials shall not be disposed of on areas where the

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material will encroach on a stream course or other body of water. Materials not disposed of in this manner shall be retrieved and disposed of at the Purchaser's expense and at the direction of the Authorized Officer.

G. Environmental Protection

1. Contractor shall ensure that all off-highway equipment moved on to BLM administered land under this contract is free ofsoil, seeds, vegetative matter or other debris that could contain or hold weed seeds. For purposes of this provision, equipmentshall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. If anylogging equipment is removed from the sale area and then returned to the sale, such logging equipment shall be cleaned priorto entry onto the contract area. Disassembly of equipment components or specialized inspection tools will not be required. Acurrent list of noxious weeds of concern to the BLM is available at the Buffalo Field Office.

2. Upon completion of hauling, the Purchaser shall scarify, as directed by the AO, portions of all landings used during theoperation in strips of not more than two (2) feet in width to a minimum depth of 12 inches. All landings shall be sloped to allowdrainage to a centralized location on the fill slope of the landing.

3. The Purchaser shall construct waterbars on all skid trails and waterbars or rolling dips on all haul roads as designated by theAO. The waterbars and rolling dips shall be constructed in accordance with specifications shown in Exhibit E.

4. All skid trails accessing the harvest area from existing roads shall be made impassable to ATV's and UTV's. Generally this willbe done by re-contouring and scattering slash on the first 200 feet of the skid trail and/or collector trails, in order to make theskid trail and/or collector trail impassable to A TV's and UTV's. The method used by the Purchaser for closing skid trails will beapproved by the Authorized Officer prior to being implemented.

6. Work shall be accomplished with care and no oil, gasoline, bituminous mixtures or other harmful or foreign materials shallbe allowed to enter any channels. Areas that have become saturated with oil, gasoline, or bituminous products shall beexcavated to a depth of twelve (12) inches beyond the contaminated material and backfilled with approved material. Theprocess for disposal of contaminated material shall be approved by the Authorized Officer.

7. Authorized Seed will be purchased and planted on roads and exposed soils along with other rehabilitation needs.

9. Snow Removal: The Purchaser shall be permitted to remove ice and snow from roads authorized for use under this contract.Berms of ice and snow created by hauling during the winter shall be broken before spring runoff begins or immediately afterhauling is completed whichever occurs first.

G. Fire Prevention and Control

1. The Purchaser shall comply with all state and local fire laws.

A. All internal combustion engines will conform to spark arrester guidelines as established under section 601.06B. Fire tools and fire extinguishers - During fire season, the following is recommended on BLM Lands.

1. Every person or entity engaged in any activity in forests of the State of Wyoming shall have available for firefightingpurposes one basic fire cache. A basic fire cache shall consist of axes, shovels, Pulaski tools, and two water buckets, allin good condition and located at a point immediately accessible for firefighting purposes. Each unit of mobile orstationary power equipment other than portable power saws operating on forest lands of the State of Wyoming shallbe equipped with a minimum of one chemical fire extinguisher, one shovel, and one pulaski or axe.

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2. Any person using a portable power saw on forest land of the State of Wyoming shall be equipped and shall have thefollowing immediately available for the prevention and suppression of fire: A fire extinguisher and a shovel.

3. The AO may shut down logging operations under declared extreme fire weather conditions for the period that theaforementioned extreme conditions exist.

4. The AO may shut down all operations of the Purchaser for failure to comply with any of the fire prevention stipulations.The AO may also, in accordance with the provisions of this contract, terminate the rights of the Purchaser for such aviolation.

5. The Purchaser, his logging contractor, servants, agents or employees shall make every reasonable effort to control andsuppress any fire starting on, burning on, or threatening the contract area. The Purchaser, his logging contractor,servants, agents or employees shall not in any way interfere with the Bureau of Land Management or their efforts tocontrol and suppress fires starting on, burning on, or threatening the contract area, but shall make every reasonableeffort to assist the Bureau of Land Management or their representatives to control and mop up such fires after theBureau of Land Management or their representatives assume direction and responsibility for the control andsuppression of such fires.

6. During periods of fire danger, smoking shall be permitted only in such portions of the landing as are free of flammablematerial. Before smoking, fallers, buckers, and others working away from the landing must clear an area to mineral soilnot less than one hundred (100) inches square, must sit down to smoke in such a position that any burning material willfall within the cleared area, and must extinguish and press out in the mineral soil all burning material before leaving thecleared area.

H. Log Export

All timber sold to the Purchaser under the terms of this contract is restricted from export from the United States in the form of unprocessed timber, and is prohibited from being used as a substitute for exported private timber. For the purpose of this contract, unprocessed timber is defined as: (I) any logs except those of utility grade or below, such as saw logs, peeler logs, and pulp logs; (2) cants or squares to be subsequently remanufactured exceeding eight and three quarters (8-3/4) inches in thickness; (3) split or round bolts or other round wood not processed to standards and specifications suitable for end-product uses; (4) western red cedar lumber which does not meet lumber of American Lumber Standards Grades of Number 3 dimension or better, or Pacific Lumber Inspection Bureau R-List Grades of Number 3 common or better. Thus, timber manufactured into the following will be considered processed: (I) lumber and construction timbers regardless of size, manufactured to standards and specifications suitable for end-product uses; (2) chips, pulp and pulp products; (3) green or dry veneer and plywood; (4) poles and piling cut or treated for use as such; (5) cants, squares, and lumber cut for remanufacturing of eight and three-quarters (8-3/4) inches in thickness or less; (6) shingles and shakes.

Substitution will be determined under the definition found in 43CFR 5400.0-5(n).

In the event an affiliate of the Purchaser has exported private timber within twelve (12) months prior to purchasing or otherwise acquiring Federal timber sold under this contract, the Purchaser shall, upon request, obtain from the affiliate information in the form specified by the AO and furnish the information to the AO.

In addition, the Purchaser is required under the terms of this contract to retain for a three-year period from the date of termination of the contract the records of all sales of transfer of logs involving timber from this sale for inspection and use of the Bureau of Land Management.

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In the event of the Purchaser's noncompliance with this subsection of the contract, the AO may take appropriate action as set forth in Section 10 of this contract. In addition, the Purchaser may be declared ineligible to receive future awards of Government timber for a period of one year.

I. Slash Disposal (Exhibits H & I)

1. In addition to the requirement of Section 15 of this contract, the Purchaser shall pile all slash situated within the timber salearea concurrently with normal felling operations. Slash shall be piled by machinery with appropriate blades.

2. Develop slash mats: When making a return pass with the skidder, routinely pick up a pile of slash and scatter it on the skidtrail as you go. This will create a slash mat, with the intention that leftover debris will help reduce the impacts of rutting, soilcompaction, and erosion during logging operations. For this technique to work well, it should be done immediately from thestart of logging operations until a well-established slash mat is in place, to a minimum depth of 6". This is a necessary part ofenvironmental protection, and this slash will also be necessary for rehabilitation.

3. Slash shall be piled tight with a minimal amount of dirt involved.

4. Slash piles shall have logs no longer than eight (8) feet extending from the piles.

5. Slash piles shall be no wider than 2 times the pile height.

6. Slash shall be piled a minimum of 30' away from leave trees to prevent scorching when piles are burned.

7. Lopping: Under the terms of this contract, the Purchaser shall sever limbs from at least three sides of all timber felled orpushed over. Additionally, all saw timber will be cut to a 6 inch or less top and sever the top at that point and lop the limbs sothe slash is within two feet of the ground. Lopping shall occur concurrently with felling and yarding operations.

J. Cultural Resource Protection

1. The Purchaser, his contractors, subcontractors or employees of all parties would be informed about their responsibility toprotect the confidentiality and sensitivity of archaeological site location information, if discovered during operations. Workcrews would be informed about the laws and regulations prohibiting unauthorized collecting and removal of archaeologicalresources from public land.

2. The Purchaser, his contractors, subcontractors or employees of all parties would not knowingly disturb, alter, injure ordestroy scientifically important paleontological deposits or any historical or archaeological site, structure, building or object.

7. Pursuant to 43 CFR 10.4(b ), if in connection with operations under this contract the Purchaser, his contractors,subcontractors, or the employees of any and all parties inadvertently discovers, encounters or becomes aware of any humanremains, funerary objects, sacred objects, or objects of cultural patrimony on federal land, the Purchaser shall immediatelysuspend all operations in the vicinity of the discovery and notify the BLM Field Manager or AO, by telephone or radio, withwritten confirmation. The Purchaser shall allow BLM to make a reasonable effort to protect the discovered human remains, orobjects. Operations in the immediate area of such discovery would not resume until the BLM Field Manager issues writtenauthorization to proceed.

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8. If in connection with operations under this contract the Purchaser, his contractors, subcontractors or employees of all partieswould inadvertently discover paleontological deposits or specimens, the Purchaser shall immediately suspend all operations inthe vicinity of the discovery and notify the BLM Field Manager or AO, by telephone or radio, with written confirmation. ThePurchaser shall allow BLM to make a reasonable effort to protect the discovery. Operations in the immediate area of suchdiscovery would not resume until the BLM Field Manager issues written authorization to proceed.

K. Protection of Habitat of Endangered Species

Locations of areas needing special measures for the protection of plants and animals listed as threatened or endangered under the Threatened and Endangered Species Act of 1973 are shown on the sale map and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract. If protection measures prove inadequate, if other such areas are discovered, or if new species are listed on the Endangered Species List, the Bureau of Land Management may either cancel unilaterally or modify this contract to provide additional protection regardless of when such facts become known. If discovery of such areas occurs by the Purchaser, his Contractors, subcontractors, or the employees of any of them, the Purchaser shall immediately suspend all operations in the vicinity of the Endangered Habitat or Species and immediately notify the AO of the findings.

L. Periodic Payment and First Installment Adjustments

1. Notwithstanding the provisions of Sec. 3 (b), the amount of the first installment may be reduced by the Government whenthe AO requests the Purchaser to interrupt or delay operations for a period expected to last more than thirty (30) days duringthe operation season. Such interruptions or delay must be beyond the Purchasers control. The Operation Season shall bedefined, for this purpose, as the time of year in which operations of the type required are normally conducted and specificallyrestricted under the contract. The first installment may be reduced to five (5) percent of the installment amount listed in Sec. 3(b). During the delay period, the Purchaser must request such a reduction in writing. When the AO notifies the Purchaser thatoperations may proceed, the Purchaser shall have fifteen (15) days after such notification to return the first installment to thefull value specified in Sec. 3 (b). Failure to return the first installment to the full value within the allotted time will be considereda material breach of contract. No timber shall be cut or removed from the contract area until the first installment is restored tothe full amount.

2. Notwithstanding the provisions of Sec. 3 (b), adjustments in the due dates for periodic payments may be made by theGovernment if the AO interrupts or delays contract operations for a period expected to last at least thirty (30) days, and theinterruption or delay is beyond the Purchasers control. Any adjustments made shall provide the Purchaser with and equalamount of operational time as would have been available without the delay. The Purchaser shall request such adjustment inwriting before the due date for a periodic payment contained in Sec. 3 (b).

M. Pre-Award Qualifications

The high bidder may be required to furnish information such as professional references and proof of equipment ownership in order to determine the ability to perform the obligations of the contract. If the high bidder is determined not qualified by the AO, or refuses to respond within 15 days of a request for information pertaining to qualifications, the contract may be offered and awarded for the amount of the high bid to the highest of the bidders who is qualified and willing to accept the contract.

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N. Safety1.(a) The Contractor/Recipient shall ensure all operations are in compliance with all applicable Federal, State, and local

safety laws and regulations. The Contractor / Recipient shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in this clause.

(b) The Contractor/Recipient shall provide and maintain work environments and procedures which will(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractoroperations and activities;(2) Avoid interruptions of Government operations and delays in project completion dates; and(3) Control costs in the performance of this contract.

(c) The Contractor/Recipient) shall --(1) Provide appropriate safety devices;(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and(3) Ensure that any additional measures the Contracting/Grants Management Officer determines to be reasonablynecessary for the purposes are taken.(d) Whenever the Contracting/Grants Management Officer becomes aware of any condition which poses a serious orimminent danger to the health or safety of the public or Government personnel, the Contracting/Grants ManagementOfficer shall notify the Contractor/Recipient orally, with written confirmation, and request immediate initiation ofcorrective action. This notice, when delivered to the Contractor/Recipient or the Contractor’s/Recipient’s representativeat the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. Afterreceiving the notice, the Contractor/Recipient shall immediately take corrective action. If the Contractor/Recipient fails orrefuses to promptly take corrective action, the Contracting/Grants Management Officer may issue an order stopping all orpart of the work until satisfactory corrective action has been taken. The Contractor/Recipient shall not be entitled to anyequitable adjustment of the contract price or extension of the performance schedule on any suspension or stop workorder issued under this clause. When necessary, Contracting/Grants Management Officer will work any other regulatoryoversight

2. The Purchaser including all company representatives, operators, employees, and subcontractors, shall comply with Section12, Section 29, and the Special Provisions of the contract to ensure all operations are in compliance with the contract includingall safety laws and shall work with the BLM and any regulatory oversight agencies to immediately remedy those operations notin compliance, particularly those that pose an immediate endangerment to the public or BLM employees.

3. When operations are in progress adjacent to or on roads and/or trails in the harvest unit area, Purchaser shall furnish,install, and maintain all temporary traffic controls that provide the road or trail user with adequate warning of andprotection from hazardous or potentially hazardous conditions associated with its operations. Purchaser shall prepare aTraffic Control Plan, which the Purchaser has determined is compliant with state and local OSHA and Transportationstandards no later than the pre-work meeting and prior to commencing operations.

Purchaser’s operations shall facilitate BLM’s safe and practical inspection of Purchaser’s operations and BLM’s conduct of other official duties on Contract Area. Purchaser has all responsibility for compliance with safety requirements for Purchaser's employees, contractors and subcontractors. In the event that the Authorized Officer identifies a conflict between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract may be modified. If the cost of such contract modification is of a substantial nature ($2,000.00 or more), the Purchaser may request, in writing, an

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adjustment in the total contract purchase price specified in Section 2 of the timber sale contract, as amended, to compensate for the changed conditions. Unless otherwise specified in writing, when operations are in progress adjacent to or on roads and/or trails in the harvest unit area, Purchaser shall furnish, install, and maintain all temporary traffic controls that provide the road or trail user with adequate warning of and protection from hazardous or potentially hazardous conditions associated with its operations. Purchaser shall prepare a Traffic Control Plan, which the Purchaser has determined is compliant with state and local OSHA and Transportation standards no later than the pre-work meeting and prior to commencing operations. Traffic control devices shall be appropriate to current operating and/or weather conditions and shall be covered or removed when not needed., Flagmen and devices shall be as specified in state OSHA and Transportation standards for logging roads or the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) published by the U.S. Department of Transportation - Federal Highway Administration. Included in the Traffic Control Plan, Purchaser shall note traffic control device locations on a Purchaser produced copy of the contract Exhibit “A” Map. (End