HomeMy WebLinkAbout1990-085 Agrmt - Superior Lumber AGREEMENT
This Agreement made and entered into this ~o day of
1990 between Superior Lumber Company, hereinafter referred to as
"Superior", and the City of Ashland, a municipal corporation of the
State of Oregon, hereinafter referred to as "Ashland".
WITNESSETH:
RECITALS
1) Superior owns certain land more particularly described in
Document No. 89-25700 of the deed records of Jackson County, Oregon.
2) Ashland owns certain land located southerly of the south city
limits of Ashland, part of which is known as being the "Winburn Camp
Site" and the balance shall be referred to as the "Glenview lands"
which is land owned by Ashland and which is below Reeder Reservoir and
northerly thereof. Such Ashland land is more particularly identified
on the map that is attached hereto and incorporated herein as Exhibit
IIBII ,
3) Superior's land is visible to the City of Ashland and is also
uphill from the City and this, the logging of it affects the
aesthetics and environment with a potential adverse impact upon
Ashland.
4) The primary purposes of this Agreement are to abate fire
hazards as to Ashland lands, accomplish the logging of the Superior
land by means which will minimize as much as possible adverse impacts
on the environment, and also to provide for the post-logging fuel
treatment of the area by appropriate slash treatment, and abatement
requirements. Thus, the parties agree to minimize the disturbance of
soils so as to minimize erosion. Accordingly, the logging is to be
done entirely by helicopter with absolutely no roads to be built on
the Superior property nor are there to be any wheeled or tracked
vehicles used on the Superior property. All means of logging of the
Superior property will be such as will minimize the disturbance of the
soils. To reduce visual effects, this agreement will set forth
certain requirements as to the amount of timber to be left undisturbed
on the Superior Land which shall include the nondisturbance of small
trees and bushes to'the extent practical with Superior to use all
reasonable efforts to minimize damages and disturbance. (See attached
Exhibit "D", Silviculture prescription)
5) To compensate Superior for logging the Superior Land as
stated, Superior is to obtain an amount of timber off of Ashland land.
6) At the conclusion of the logging, Ashland will purchase the
Superior land all as more fully set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals, the
truth of which is hereby acknowledged, and of the mutual covenants
contained herein, it is agreed by and between the parties hereto as
follows:
SUPERIOR'S AGREEMENTS AND OBLIGATIONS:
1) To log the Superior land in accord with the purpose and
provisions contained in the recitals.
2) It is understood that Ashland will mark Superior's land with
respect to the trees to be left on the land. This will be done before
any logging operations and if and when Superior proceeds with logging
operations, that act shall signify its approval of the way in which
the trees are marked. In marking the trees, Ashland will leave
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aPproximately 3750 net board feet per acre of cruise volume of conifer
trees of 10 inches or larger in diameter breast high and for all such
trees to be healthy trees and as evenly distributed as possible. This
requirement applies to the 120 acres of the Superior land that is
substantially forested. On all other Superior land, it shall leave
all other healthy trees, whether conifer or not. Superior will make
every effort to protect undesignated trees from the Superior or
Ashland lands, but both parties understand that during the course of
logging some additional trees may have to be removed to facilitate
logging, such as danger or damaged trees and safety hazards. On the
Ashland land these trees will go toward the satisfaction of the
650,000 mbf guaranteed by the City. As to the Superior land, the
stumps will be marked with an "X" cut into the stump, red paint and
flags. They will then be cruised by Ashland's agent and the volume
will be treated as a modification to the contract. The purchase price
paid to Superior for the land will be adjusted as follows:
Douglas Fir $100.00/MBF net scribner scale
Pine's $150.00/MBF net scribner Scale
Other conifers $100.00/MBF net scribner scale
3) Superior shall take trees designated by Ashland for harvest
consisting of primarily dead or dying merchantable trees from both the
Winburn Camp Site and the Glenview Lands Site in the aggregate amount
of no more than 650,000 board feet of merchantable trees from these
two sites. Ashland will sell to Superior the pine and douglas fir and
other coniferous species of merchantable trees in excess of this
amount with the douglas fir to be sold for $100 per thousand board
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feet of merchantable timber and the pine to be sold at $150 per
thousand board feet of merchantable timber.
4) With respect to both the Winburn Camp Site and the Glenview
land site, Superior agrees to not create any new roads nor to use any
vehicles or heavy equipment on these areas other than pick-up trucks
or comparable vehicles with the exception of the land use site on the
Glenview land.
5) To pay all costs of any type involved in the logging not
otherwise expressly covered herein.
6) To treat slash as set forth in Exhibit "C" which is attached
hereto and incorporated herein.
7) The removal of timber shall be entirely Superior's
responsibility, however, it, at its election may employ independent
contractors to assist therewith.
8) The hours of the logging operations shall be as follows:
To prevent and not allow logging trucks, loaded or unloa4ed,~ ~o
be on Granite Street except between the hours of ~A.M. and 5:00
P.M. Monday through Friday and on Tolman Creek Road only between the
hours of 8:00 A.M. and 5:00 P.M. Monday through Friday. To prevent
and not allow helicopter operations with respect to either the
Superior site or the Glenview land site except between the hours of
8:00 A.M. and 6:00 P.M. Monday through Friday. The helicopter
operations with respect to the Winburn Camp Site shall be unlimited as
to time.
9) Superior shall secure at Superior's expense, and keep in
effect during the term of this contract, the following insurance
coverages in a policy or policies issued by an insurance company or
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companies authorized to do business in the State of Oregon. The
issuing company or companies shall indicate on the insurance
certificate said Ashland will be given not less than 30 days notice of
any cancellation or material change or intent not to renew such
policy. The coverage shall be as follows:
A) PI & PD. Commercial general liability insurance covering
personal injury and property damage in amount not less than $1,000,000
combined single limit per occurrence with no more than $5,000
deductible with a contractual liability to include all contracts
involving the work to be performed for the contract.
B) Auto. Automobile liability insurance in an amount not
less than $1,000,000 combined single limit per occurrence. This
coverage can be provided by combining the automobile liability
protection with the commercial general liability policy.
C) Broad Form "B". Loggers Broad Form coverage in an amount
not less than $1,000,000 with no more than $5,000 deductible for costs
of fire control, losses or damage from fire, and other causes arising
or resulting from'activities of Superior, employees, contractors and
others working or acting for Superior.
D) Additionally Insured. The insurance policy or policies
required under this section shall name Ashland and Ashland's officers,
agents and employees as additional insureds.
E) Certificate of Insurance. As evidence of the insurance
coverage required by this contract, Superior shall furnish a
certificate or certificates of insurance including all of the
foregoing coverages to Ashland.
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10) Superior agrees to the following payments, contributions and
liens.
Payments, Contributions, and Liens. Under the provisions of the
laws of the State of Oregon, Superior shall:
A) Prompt Payments. Make payments promptly as due to all
persons supplying to Superior labor or material for the prosecution of
the work provided for in this contract.
B) SAIF. All contributions or amounts due the Industrial
Accident Fund from Superior incurred in the performance of the
contract to or at Superior's request.
C) Liens. Not permit any lien or claim to be filed or
prosecuted against Ashland on account of any labor or material
furnished.
D) Employee Withholdings. Superior to pay to the Department
of Revenue all sums withheld from the employees.
E) Prompt Payment of Claims. If Superior fails, neglects or
refuses to make prompt payment of any claim for labor or services
furnished to Superior in connection with work to be done under this
contract as such claim becomes due, Ashland may pay such claim to the
person furnishing the labor or services and obtain reimbursement from
Superior. Payment of any claim in such manner shall not relieve
Superior or surety from obligation with respect to any unpaid claims.
11) To do and complete all logging operations, slash treatment
and disposal, and clean-up as soon as possible. The Glenview land
site is to be completed by May ~5~ 15~0, and the Winburn Camp site and
the Superior site by,Tu~, 1990; however, if weather did not permit
the logging operations to be completed by that time, then the time
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periods shall be extended by an amount of time equal to the amount of
delay caused by the weather.
12) To sell to Ashland the Superior land for $38,900 with this
purchase price to be paid by Ashland .to Superior in cash at the close
of escrow and with escrow to close as soon as possible after Superior
completed all work it is obligated to do pursuant to this agreement
and said work has been approved by Ashland. In that regard, the
parties hereto, incorporate and agree to the earnest money receipt
that is attached hereto as Exhibit "A".
13) To use only the following transportation routes for the
removal of timber and for all vehicle operations that involve larger
than pick-up trucks:
A) The Winburn site and its logging is to be by Forest
Service roads and Tolman Creek Road with the Forest Services' roads to
be USFS Road #2060.200, #2060.250, #2060 and #2080.
B) The Glenview land site is to use Forest Service road
#2060 and Granite Street.
C) The Superior site is to use Forest Service Roads and
Tolman Creek Road with the Forest Service roads to be USFS road #2060
and #2080.
14) It is understood that on the Ashland land, the timber that
is marked is the timber to be taken and that on the Superior land, the
timber that is marked is the timber to be left. Superior agrees to
thoroughly caution its agents, contractors and employees with respect
to this difference.
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15) With respect to Superior's land, the question of what timber
and slash may be left on the Superior land will be covered in the
slash treatment specifications.
16) With respect to timber to be removed from Ashland's land,
the following shall control:
A) Specifications. Any conifer log that conforms with
grading rules for peeler or sawmill grades and meets or exceeds both
of the following minimum requirements: 6 inches in gross scaling
diameter, containing 50 board feet (net).
B) Log Length. The maximum length of any log to be removed
from Ashland land is 40 feet plus one foot for trim.
C) Official Rules. Log grades are defined in the Official
Log Scaling and Grading Rules published by the Northwest Log Rules
Advisory Group in effect at the time the logs are scaled.
D) Continuous Log Load Record Forms. Ashland will provide
Superior with Continuous Log Load Record forms for the purpose of
recording the load number, departure date and time, species,
destination, log load receipt number, and trucker each time a load is
removed from the sale. This form shall be filled out completely and
the time recorded prior to a load departing from the landing. These
forms will be completed for each pay period by the individual in
charge of loading operations as authorized by Superior. These
completed forms will be turned into ashland at the completion of each
pay period. A pay period is a period either from the 1st through the
15th of the month or the period from the 16th through the last day of
the month.
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E) Log Load Receipts Books. Superior shall fill out a
multipart, serially numbered log load receipt in the woods for each
truck leaving the landing area. Superior shall require the truck
driver of each load of logs to sign the woods receipt. Superior shall
staple the load receipt and sCaler receipt parts to the load as
directed by Ashland and agree to require the scaler to record the log
load receipt number on the scale ticket that is signed by the scaler
and to attach the scaler receipt part to a copy of the scale ticket
and mail to Ashland on the date scaled.
(1) Receipt Book Accounting. Ashland will issue Superior
sufficient books of serially numbered log load receipts to cover not
over 30 days of operation as determined by Ashland. Superior shall
sign a receipt for each book of receipts and be fully accountable for
all serially numbered woods and scaler receipts tickets. Superior
shall retain all woods receipts in the book and return to Ashland as
soon as all receipts in each book have been used. Unused books, or
portions of books, shall be returned to Ashland during sale inactivity
over 30 days, and at the completion of timber removal from the sale
area.
(2) Penalty for Loss. Superior shall account for each and
every serially numbered log book receipt and shall pay damages to
Ashland for all log load receipts not accounted for by proof of
scaling. Damages shall consist of full stumpage rate for each missing
receipt, on the basis of average volume of the 10 largest loads of
logs scaled from the sale area, charged at the highest species rate.
(3) Log Intermingling. Superior shall not intermingle
Ashland timber or logs designated by this contract with any other
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timber or logs before scaling occurs, unless otherwise approved by
Ashland.
F) Log Branding. Every log removed from the timber sale
area by Superior shall be branded, unless otherwise approved in
writing by Ashland. Ashland may issue Superior one or more branding
hammers registered to Ashland's agent. Superior shall use only those
brands issued or approved by Ashland for timber sold under this
contract.
(1) Option to Brand and Paint. When branding of all logs is
impractical because of the small size of the logs and number per load,
Ashland may give written authorization for use of a combination of
brands and paint. In this case, at least half of the logs shall be
branded, and all logs shall be painted with a color and in a manner
specified by Ashland.
(2) Failure to Return Branding Hammer. If a brand
registered to Ashland is issued, Superior agrees to sign receipt for
those branding hammers and to return them in good condition within 14
calendar days of completion of log hauling. Superior shall pay a fee
of $50 to Ashland for each branding hammer returned to Ashland in
damaged and unusable condition, or $100 for each branding hammer not
returned within the time specified by Ashland.
17) To not allow and to prohibit loaded logging trucks from
using Granite Street except when being piloted by a vehicle provided
by Ashland. Further for the operators of such logging trucks to
comply with all reasonable rules and directions given by the operator
of the pilot car.
18) To have all of the timber removed from Ashland's land scaled
by an independent contractor. Such scaler shall be one mutually
agreed upon by the parties and the cost of which shall not be paid by
Ashland. Prior to any of Ashland's logs being hauled from the landing
sites, Superior shall give Ashland written notice of the destination
of the timber. Further, Superior will instruct the scaler or the
independent scaling bureau to send copies of all scaling tickets and
scaling certificates to Ashland or its designated agent.
19) To pay any and all timber severance taxes and timber harvest
taxes with respect to timber removed from Superior land.
20) To acquire and pay for any and all US Forest Service removal
permits that are required with respect to the Superior land.
21) Superior agrees to leave the granite pit in substantially
the same condition as it was in before it was used as a staging area
and to at a minimum pile the slash and later burn the slash or to
remove it and to back blade the area. To use as a staging area, with
respect to the timber being removed from the Glenview land site, the
granite pit owned by Ashland which is just west of the extension of
the southerly end of Granite Street.
22) To require any subcontractors or other independent agencies
that participate in this logging operation to comply with the terms
stated herein.
23) Superior shall furnish ashland with a performance bond in
the amount of $25,000 and which shall guarantee complete compliance by
Superior with the terms and conditions of this contract and the
faithful performance of all required obligations. Bonds may be in the
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form of surety bonds, cash deposits, assignments of surety,
irrevocable letters of credit or other securities determined
acceptable by Ashland. Surety bonds must be written by a surety
company authorized to do business in the State of Oregon on the form
approved by Ashland.
24) Superior agrees to use all reasonable efforts and means to
accomplish the objectives of this agreement in a manner so as to
provide protection to all City improvements including, but not limited
to, power lines, power plant, water filtration plant, and the like.
ASHLAND'S AGREEMENTS AND OBLIGATIONS:
1) To mark all timber to remain on Superior's land and to mark
all timber to be removed from Ashland's land, with such timber to be
as set forth above.
2) To pay timber severance taxes and timber harvest taxes with
respect to timber removed from its lands, if any such taxes are
legally required.
3) To acquire and pay for the US Forest Service Removal permits
with respect to timber removed from its lands.
4) Ashland does hereby approve and agree to the terms of the
earnest money receipt for the purchase of Superior's lands with such
earnest money receipt being attached hereto as Exhibit "A".
5) Ashland will pay all road use fees with respect to timber
taken from City owned property.
MISCELLANEOUS:
1) In case of a suit or action to enforce any rights or
conditions of this agreement and upon any appeal to a higher court, it
is mutually agreed that the prevailing party in such suit or action
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shall be entitled to a reasonable attorney's fee as determined by the
Court as against the losing party therein.
2) Ashland, by and through its officers, agents and employees,
shall have the right to go upon Superior's land at reasonable times
for the purpose of inspecting the progress of the performance of this
contract.
3) Before any work is commenced on the ground to perform to this
contract, there shall be a meeting between representatives of Superior
and the City of Ashland all for the purpose of clarifying any
questions and so as to avoid any misunderstandings. At that meeting,
there will again be emphasis placed upon the fact that the timber
marked on Superior's land is to be left and the timber marked on
Ashland's land is to be taken.
IN WITNESS WHEREOF the undersigned have hereunto set their hands
and seals as of the day and year first above written.
CITY OF ASHLAND
Catherine Golden, Mayor
Nan Franklin, City Recorder
R LUMBER COMPANY
,Secretary
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EXHIBIT "A" TO AGREEMENT BETWEEN
CITY OF ASHLAND AND SUPERIOR LUMBER COMPANY
EARNEST MONEY RECEIPT
PURCHASER:
Ashland hereby agrees to purchase the land described herein which is
located in the County of Jackson, State of Oregon and more
particularly described in instrument no. 89-25700, being approximately
160 acres of land owned by Superior Lumber Company.
TOTAL PRICE, TERMS AND INTEREST RATE:
The Seller has sold to the Purchaser for the sum of THIRTY-EIGHT
THOUSAND NINE HUNDRED DOLLARS ($38,900.00) and other good and valuable
consideration which is more fully described in an Agreement between
the parties hereto and which relates to the logging of certain lands
by Superior. This sale is to be for cash at the close of escrow.
EVIDENCE OF TITLE:
Seller agrees to furnish at its expense a title insurance policy in
the amount of the purchase price, showing clear and merchantable title
in Seller, except as to the acts of the Purchaser subsequent thereto,
reservations in Federal Patents, zoning ordinances, comprehensive
plans and easements, conditions and restrictions, and subject to
approval by Purchaser, of a preliminary title insurance report, with
said approval not to be unreasonably withheld and no others. If such
title insurance policy or preliminary title report does not show clear
and merchantable title, Seller is allowed thirty (30) days to make it
so, after notice of such defect in writing from Purchaser.
ESCROW:
Seller and Purchaser agree that the subject sale will be closed in
Escrow at Crater Title Insurance Company, the cost of which shall be
paid by the Purchaser.
POSSESSION:
Possession of said premises shall be tendered to Purchaser on close of
escrow which shall be as soon as possible after the lands are logged
as set forth in the agreement between the parties hereto.
CONVEYANCE:
The property is to be conveyed by a good and sufficient Warranty Deed
free and clear of all liens and encumbrances except as set forth above
in reference to the Title Insurance Policy.
PRO-RATE TAXES, INSURANCE, ETC.:
Real property taxes shall be pro-rated between the Purchaser and
Seller as of the close of escrow.
RISK OF LOSS ASSUMED BY SELLER:
The risk of loss or damage to said premises or property by fire or
other casualty passes to the Purchaser at the close of escrow.
LIMITATION ON ESCROW AGENT'S DUTIES:
In the event any monies or documents are deposited in escrow with
Ronald L. Salter, Attorney at Law, as Escrow Agent, said Escrow Agent
shall not be required to determine any controversy arising between the
parties hereto, or take any action in the premises, but may await the
settlement of said controversy by final appropriate legal proceedings,
or otherwise, and in no event shall he be liable for interest, damages
or other loss, or for anything except gross negligence or willful
misconduct.
ZONING STATEMENT:
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES.
ATTORNEY REPRESENTATION:
It is understood that Ronald L. Salter is the attorney for Purchaser
and that the other parties to this transaction have the right to
consult with an attorney of their own choice before signing this
Agreement, and with this to be at their own expense.
ATTORNEY'S FEES:
In case of suit or action to enforce any rights or conditions of this
Agreement and upon any appeal to a higher Court, it is mutually agreed
that the prevailing party in such suit or action shall be entitled to
a reasonable attorney's fee as determined by the Court as against the
losing party therein.
EXHIBIT "' B"
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2061
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EXHIBIT "C" TO AGREEMENT BETWEEN SUPERIOR LUMBER COMPANY
AND THE CITY OF ASHLAND
SLASH TREATMENT AND STREAM CLEANING
Superior is to perform and comply with the following:
Watercourse Protection Zones. Superior shall perform
all measures necessary to protect the springs, water pipes,
stream banks, stream bed and vegetation within the water course
protection zones marked on the ground. These zones are flagged
on the ground with blue and white striped flagging and "watercourse
and lake protection zones" printed no the flagging. These
zones are shown on Exhibit "B"
(A) Watercourse and Lake Zones Protection Measures.
Necessary measure to protect the areas include but are not
limited to the following:
(1) Fall Trees Away from Zone. Fell adjacent trees and snags
away from or parallel to the zones to prevent them from entered
the buffer strip.
(2) Fall Marked Trees Only. Fell only those trees inside
the zone which are marked with paint. As much as is reasonably
possible, fell trees shall not cross or enter the stream or
lake.
(B) Watercourse and Lake Cleaning. Superior shall
comply with the following instructions for removal of debris
that enters streams or the lake as result of Superior's operations:
(1) Specifications. Debris shall be cleared up to the high
water mark on all streams and the lake. All removed debris
shall be placed in a stable location above the high water mark.
(2) Daily Removal. Debris entered Class I streams shall be
removed by the end of operations each day, unless an alternate
practice is approved by Ashland.
(3) Removal Specifications. Debris more than 6 inches in
diameter on the small end and more than 10 feet in length shall
be removed from Class II streams concurrently with yarding.
Other debris shall be removed at the completion of yarding.
Slash lreatment~. These provisions shall be the obligation
of Superior and sha~l apply to both Ashland land and Superior
land. Slash is defined as all debris resulting from logging
operations, construction of roads or other improvements. All
such work shall be completed by Superior to the reasonable
satisfaction of the City of Ashland as determined by its Forestry
Agent who shall make such judgments in the reasonable exercise
of forestry rules and practices.
(1) With respect to areas within 50 ~eet on either
side of any forestry service roads or other public roads, Superior
shall 100 percent hand pile all the slash debris within said
50 foot area on either side of the road and as measured on
the slope of the ground. This shall apply only to debris created
by Superior in the logging operation.
(2) With respect to all other areas on Ashland or
Superior land, Superior will lop and scatter with developed
slash generally not over 30 inches above the ground.
Exhibit "D"
S.O.S.C.
MOUNTAIN FIR PROPERTY (160 ACRES)
SILVICULTURAL PRESCRIPTION:
I. Description of Land:
Property consists of 160 acres of forest land, of which
approximately 120 acres is small merchantable mixed-conifer
trees, and about 40 cres is non-merchantable conifer saplings
and/or brush. Average slope of the hillside is 50%, and soils
are moderately unstable. The land is about 1 mile south of the
City of Ashland.
II. Objectives:
1) Harvest merchantable conifers from the 120 forested acres,
giving preference to Douglas Fir species.
2) Abate the existing forest fire hazard by thinning out the
existing very dense pole stand.
3) Minimize adverse visual impact to City of Ashland residents
and visitors.
4) Minimize disturbance of the moderately unstable soils.
5) Leave a healthy forest cover in areas of timber harvest.
Land is to be purchased by City of Ashland when harvest is
completed.
III. Methods:
1) Make no entry or disturbance in 40 acres not containing
merchantable conifer trees.
2) In the 120 acres of merchantable forest, leave all trees
less than 10: DBH. Mark approximately 3,750 net board feet
Scribner volume/acre of healthy conifer trees as "leave trees"
under the standards of the U.S. Bureau of Land Management
conifer specifications. Mark "leave trees" in a generally even
distribution patter.
3) Make every effort to protect "leave trees" during falling
operations.
4) Use helicopter to fly tree-length stems to central landing.
Build no roads.
5) Treat slash to meet State guidelines.
TREE MARKING GUIDELINES
I. Objectives:
1) City of Ashland - To receive, after thinning, a healthy
stand of timber, with reduced forest fire hazard, retained soil
stability, and a moderate forest cover so viewed from the city.
2) Superior Lumber Co.- To harvest maximum amount of conifer
trees suitable for production of Douglas Fir lumber, while still
achieving the objectives of the city of Ashland.
3) General - Mark healthy conifers, at least 10" DBH, as "leave
trees" to equal approximately 3,750 bf/acre of net Scribner
(32') volume, in a generally even spacing scheme. Trees to be
marked with paint above and below stump height.
II. Leave Tree Selection Guidelines:
1) L~ave trees should be selected to approximate the required
mbf/spacing indicated in the table below. Periodic sampling
should be done during marking to verify the objective is being
achieved.
SPECIES
D. FIR
P. PINE
~P. PINE-BG
iAVG. NET VOLUME ~ AVG. ~ #AVERAGE TREES/~ SPACING BETWEEN
I PER TREE I DBH I ACRE TO MARK* Ii
AVG. TREES*
62 bf I 14" I 60 T.P.H. 27'
540 Df I 27" I 7 T.P.H. I 79'
75 bf I 12" I 48 T.P.H. I 30'
71 bf I 15" I 53 T.P.H. I 29'
373 bf I~ 25" ~1 10 T.P.H. ~1 66'
2) Leave trees should be healthy, they should not show signs of
obvious decay of the pole. They should not have brown or
chlorotic crown foliage. They may be crooked, or bowed, or any
shape in nature,.but they should not have any obvious openings
in the bark through which decay has or will enter.
3) Leave tree composition should reflect a cross-section of the
species and DBH-range present in the unthinned stand.
4) When given a choice of healthy trees to select from to
approximate the same desired mbf/acre and spacing goals, use the
following "Rules of Thumb":
a) Mark trees that are less preferable for lumber
production (i.e. trees with sweep, crook or oversized knots
may be "leave trees", if not showing incipient decay).
b) Mark pine "leave trees" before fire, though not
exclusively.
c) Mark trees over 22" DBH, when practical.