HomeMy WebLinkAboutHeli Timber Service Contract_CombinedCITY OF BOZEMAN – HELICOPTER TIMBER SERVICE CONTRACT
PHASE 2 SOURDOUGH FUELS REDUCTION PROJECT
HELICOPTER LOGGING BY THE TON
THIS SERVICE CONTRACT IS MADE AND ENTERED INTO by and between the City of
Bozeman, a self‐governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman Montana, with a mailing
address of P.O. Box 1230, Bozeman, MT 59771 (hereinafter referred to as “the City”) and
(________________ , a sole proprietorship; or , a partnership; or , Inc. a corporation)
(hereinafter called Service Contractor) having an office and principal place of business at the
address of ______________________. Service Contractor’s bid on the removal of timber
described in this Service Contract has been accepted by the City after having been estimated,
appraised and advertised as required by law. Therefore, in consideration of the mutual
promises contained in this agreement, the City agrees to compensate the Service Contractor for
the removal of the designated timber located on the areas described in this Service Contract at
the specified rates of payment and in strict conformity with the requirements, standards,
specifications and conditions set forth in this Service Contract.
-CONTENTS OF SERVICE CONTRACT-
Section Page Section Page
I.
II.
III.
TABLE 1
GENERAL TERMS
CHARGES AND PAYMENTS
MEASUREMENT AND LOG
ACCOUNTABILITY
2
3
13
15
IV.
V.
VI.
VII.
VIII.
SERVICE CONTRACT
VIOLATIONS AND PENALTIES
FIRE PROTECTION
RESOURCE PROTECTION
LOGGING
EXECUTION
17
20
21
24
34
-ATTACHMENTS-
The following attachments are hereby made a part of this Service Contract:
ATTACHMENT A: Helicopter Timber Service Contract Map
ATTACHMENT B: Road Maintenance Specifications
ATTACHMENT C: Forest Fire Regulations
ATTACHMENT D: Working in Bear Habitat Brochure
ATTACHMENT E: Temporary Road Use Permit
ATTACHMENT F: Haul Route Map
ATTACHMENT G: Non-Discrimination & Equal Pay Affirmation
1 Page
60 Pages
2 Pages
1 Page
13 Pages
1 Page
1 Page
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TABLE 1 ‐ LEGAL DESCRIPTION OF THE GROSS SERVICE CONTRACT AREA
The timber designated for removal under this Service Contract is within the following Service
Contract area
Subdivisions Section Twn Rge
E1/2 SE1/4 7 3S 6E
W1/2 17 3S 6E
E1/2 18 3S 6E
Total approximate acres in gross Service Contract area: 380 acres
Number of harvest units (Including Right‐of‐Way): 25
Total acres in harvest units (Including Right‐of‐Way): 79 acres
TABLE 1 (continued) ‐ ESTIMATED REMOVAL VOLUME
The City does not guarantee the product weight, by species or in total, to equal the estimated
advertised weight in quantity or product designation.
Product Estimated Quantity (Tons)
Sawlogs
Other Material (specify)
6,405 tons
472 tons
Total Estimated Volume 6,877 tons
TABLE 1 (continued) – SERVICE CONTRACT RATES
Payment Amount Requirements
Performance Bond
Amount: 100% of Bid Total See Section II.A
Product Bid Price
($/Ton) Bid Total ($)
Per Ton:
Sawlogs
See Section II.B
Other Material
Lump Sum
Road
Maintenance
Package
TABLE 1 – (continued) – ROAD USE AND MAINTENANCE PAYMENTS
Road Name or Number Rate Requirements
Sourdough Canyon Trail &
Liebmann Temp Road/Access
5% Retainage of monthly
progress payments See Section II.C.3
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I. GENERAL TERMS
A. DEFINITION OF SERVICE CONTRACT LANGUAGE: The following definitions apply to terms
used in this Service Contract:
1. Administrator – City Manager or their designee, City of Bozeman.
2. City – The City of Bozeman, its agents and employees.
3. Draw – A swale or drainageway that may not have perceptible or definite beds or banks.
4. Environmental Law – Includes, but is not limited to, the following laws and any
regulations promulgated under these laws: the Comprehensive Environmental
Response, Compensation and Liability Act (“CERCLA”) (42 U.S.C. § 9601 et seq.), as
amended; the Resource Conservation and Recovery Act (“RCRA”) (42 U.S.C. §§ 6901 –
6987), as amended; the Clean Air Act (42 U.S.C. § 7401, et seq.), as amended; the Safe
Drinking Water Act (42 U.S.C. § 300f et seq.), as amended; the Clean Water Act (33
U.S.C. § 1401 et seq.), as amended; the Endangered Species Act (16 U.S.C. § 1531 et
seq.), as amended; the Clean Air Act of Montana (Mont. Code Ann. § 75‐2‐101 et seq.),
as amended; the Montana Water Quality Act (Mont. Code Ann. § 75‐5‐101 et seq.), as
amended; the Montana Solid Waste Management Act (Mont. Code Ann. § 75‐10‐201 et
seq.), as amended; the Montana Hazardous Waste Act (Mont. Code Ann. § 75‐10‐401 et
seq.), as amended; the Montana Comprehensive Environmental Cleanup and
Responsibility Act (Mont. Code Ann. § 75‐10‐701 et seq.) as amended; and the Montana
Underground Storage Tank Act (Mont. Code Ann. § 75‐11‐501 et seq.) as amended; the
Montana Natural Streambed and Land Preservation Act (Mont. Code Ann. § 75‐7‐101 et
seq.), as amended.
5. Forest Officer – The City agent with the Service Contracted duty of Service Contract
administration for this helicopter timber Service Contract. Except as otherwise expressly
stated in the Service Contract, the Forest Officer is not authorized to modify the Service
Contract on behalf of the City. The City’s Service Contracted Forest Officer for this
Service Contract is Gary Peck of Peck Forestry, Inc; peckgs@gmail.com, 406‐581‐2815;
P.O. Box 238, Bozeman, MT 59771.
6. Hazardous or deleterious substance – Means a substance that, because of its quantity,
concentration, or physical, chemical, or infectious characteristics, may pose an
imminent and substantial threat to public health, safety, or welfare or the environment,
and is:
a. A substance that is defined as a hazardous substance by section 101(14) of CERCLA,
42 U.S.C. § 9601(14), as amended.
b. A substance identified by the administrator of the United States Environmental
Protection Agency as a hazardous substance pursuant to section 102 of CERCLA, 42
U.S.C. § 9602, as amended.
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c. A substance that is defined as a hazardous waste pursuant to section 1004(5) of
RCRA, 42 U.S.C. § 6903(5), as amended, including a substance listed or identified in
40 CFR 261.
d. Any petroleum product.
7. Operating period – The annual time period during which field activities (logging, hauling,
construction, etc.) may be conducted.
8. Paid or payment – Except as otherwise expressly stated in the Service Contract,
remuneration given by the City to the Service Contractor in the form of a certified check.
9. Service Contractor – The signatory party to this Service Contract other than the
Administrator. Service Contractor is also defined to include employees and agents of the
Service Contractor authorized to conduct activities as required for execution of the
helicopter timber Service Contract. As an independent Service Contractor, neither the
Service Contractor, its employees or agents are considered employees of the City of
Bozeman pursuant to work performed under this Service Contract.
10. Sawlog – A green or dead log as further defined under Section VII.C.
11. Stream – A stream is a natural watercourse of perceptible extent that has a sandy or
rocky bottom or definite banks and confines and conducts continuously or
intermittently flowing water.
12. Stumpage – The price paid by the City to the Service Contractor in dollars per ton as
specified in Table 1 for Sawlogs and/or Other Material. Price represents timber that has
been cut, flown, and decked at a landing site.
13. Supervisor – A person designated by the Service Contractor in charge of operations on
site at the Service Contract area at all times when construction or harvesting operations
are in progress. The Supervisor has authorization to receive notices from the Forest
Officer and take appropriate action with regard to breach and/or violations of the terms
of the Service Contract.
B. UNIT PRICE SERVICE CONTRACT: The Service Contract price will be deemed to include for
all unit price work an amount equal to the sum of the unit price for each separately
identified item of unit price work times the estimated quantity of each item as indicated in
Table 1. The estimated quantities of items of unit price work are not guaranteed and are
solely for the purpose of comparison of bids and determining an initial Service Contract
price. Payments to Service Contractor for unit price work will be based on actual quantities
pursuant to Section III MEASUREMENTS AND LOG ACCOUNTABILITY.
C. REMOVAL OF TIMBER AND TITLE TRANSFER:
1. Upon execution of this Service Contract, the Service Contractor has the right to cut and
remove timber from the Service Contract area provided all Service Contract
requirements related to the commencement of operations have been met.
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2. Title to all timber included in this Service Contract shall be retained by the City until:
a. The timber has been cut, flown and decked; and
b. The timber has been properly marked and ticketed as described in Section III.C & E.
MEASUREMENT AND LOG ACCOUNTABILITY, and removed from the gross Service
Contract area.
3. Title to timber remaining on the gross Service Contract area at termination of the
Service Contract shall remain with the City of Bozeman.
4. As documented in this Service Contract, or otherwise agreed to, all roads and other
improvements become the property of the owner of the land on which they sit, be it the
City or a private landowner who has granted temporary access to the City to effectuate
this Service Contract, as they are constructed.
D. TERM OF SERVICE CONTRACT: This Service Contract is effective upon approval and
execution by the City Manager with Consent of the City Commission and shall terminate on
the February 28, 2022 unless terminated sooner for successful completion or for gross or
persistent breach and/or failure to promptly and properly remedy Service Contract
violations of the Service Contract terms pursuant to Section IV. B, TERMINATION.
E. PRE‐OPERATIONS MEETING: No activity may occur on the Service Contract area until a pre‐
operations meeting is conducted between the Service Contractor, the City, and the Forest
Officer. The Service Contractor shall notify the Forest Officer at least seven (7) days prior to
the start of operations to schedule the pre‐operations meeting. The Forest Officer will
specify to the Service Contractor what information the Service Contractor must provide to
the City at the pre‐operations meeting.
F. SERVICE CONTRACT TERM EXTENSION:
1. Extensions to this Service Contract shall be of last resort. Service Contractor
acknowledges a portion of the City’s funding for this Service Contract is grant related
subject to an expiration date of March 31, 2022. In the event that Service Contractor’s
operations are delayed and Service Contractor is not able to complete the requirements
of this Service Contract prior to the termination date, the City may grant an extension of
the term of this Service Contract. An extension will be considered by the City under only
the following circumstances:
a. The City determines an extension is in its best interests;
b. Service Contractor applies for the extension in writing at least 30 days prior to the
termination date and Service Contractor has provided the City with written notice
from the surety that the performance bond on this Service Contract has been
extended for a period commensurate with the requested Service Contract
extension;
c. The City notifies the Service Contractor that an extension is required;
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d. Service Contractor has made a good faith effort to complete the Service Contract;
and
e. The extension request is not based on poor log and/or market conditions.
2. If the Service Contract term extension is granted, Service Contractor shall conduct
continuous operations through the operating periods and/or resume operations at the
start of the next operating period until the requirements of this Service Contract are
completed. No extension shall be granted for a period longer than six (6) months after
the termination date as provided herein unless a longer extension is determined to be in
the City’s best interest.
3. If the extension is requested and granted because of delays resulting from matters
within Service Contractor’s control, the following will apply:
a. Service Contractor shall pay an extension fee of $500.00.
b. No de‐escalation will occur from the time the extension is granted by the
Administrator, as documented in a signed modification, through the remainder of
the Service Contract.
4. An extension may be granted to the Service Contractor without penalty if the City
prohibits logging activity for more than two (2) weeks during the operating period
described in this Service Contract.
5. All conditions of this Service Contract shall remain in full force and effect during any
period of extension, unless those conditions are amended by the terms of the extension.
6. In the event the Service Contract terminates pursuant to Section I.C, TERM OF SERVICE
CONTRACT due to expiration of the time within which its performance shall have been
completed, and the City has not granted an extension, the Service Contractor shall
immediately cease all operations within the Gross Service Contract area as shown in
Table 1. Operations beyond the Service Contract termination date for which the City
has not granted an extension will be treated as trespass.
G. LIABILITY FOR LOSS: The Service Contractor is responsible for loss, degradation, or damage
to timber while the timber is in its custody, including but not limited to, timber which has
been felled, skidded or decked and/or timber which has been lost, damaged or stolen after
removal from the Service Contract area but before scaling or weight is recorded.
H. SUPERVISION: When construction or harvesting operations are in progress, the Service
Contractor shall have exclusive control over the way the Service Contract is executed if, as
determined by the Administrator, the Service Contractor has and is complying with all terms
and conditions provided herein. Service Contractor is required to have a supervisor(s) in
charge of operations on the Service Contract area at all times. Such supervisor(s) shall have
authorization to receive notices from the Forest Officer and take appropriate action with
regard to breach and/or violations of the terms and conditions of the Service Contract.
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I. COMPLAINTS:
1. Complaints by the Service Contractor concerning any action or decision of a Forest
Officer, including suspension orders, must be made in writing to the Administrator
postmarked within 10 days of the disputed action or decision. In the interim, Service
Contractor must comply with the directions of the Forest Officer.
2. Upon receipt of a complaint, the Administrator, or a designated representative, shall
promptly hold an informal conference with the Service Contractor and the Forest Officer
to review the disputed action. The Service Contractor shall be given adequate notice of
the conference and shall be given the opportunity to present evidence and an argument
to rebut the reasons given by the Forest Officer for the disputed action. After review,
the Administrator shall notify the Service Contractor in writing of his decision. The
decision of the Administrator is final on behalf of the City, except regarding termination
of the Service Contract.
J. ASSIGNMENT: This Service Contract shall not be assigned in whole or in part unless
approved in writing by the Administrator.
K. MODIFICATIONS:
1. This Service Contract, together with the attachments listed herein, contains the entire
agreement of the parties and no statements, promises or inducements made by either
party, or agents of either party, that are not contained in such written Service Contract
shall be valid or binding. This Service Contract, except as described in Section I.K.2
below, cannot be enlarged, modified or altered except upon written agreement signed
by all parties to this Service Contract. Only the Administrator, his successor, his
designated representative, or the City Manager, is authorized to enter into such
modification on behalf of the City.
2. To protect cultural or natural resources the City may modify provisions of the Service
Contract without prior agreement by the Service Contractor. If such modifications occur
the City will provide equitable compensation to the Service Contractor for those
modifications.
L. NONDISCRIMINATION AND EQUAL PAY: The Service Contractor agrees that all hiring by
Service Contractor of persons performing this Service Contract shall be on the basis of merit
and qualifications. The Service Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti‐discrimination laws,
regulations, and Service Contracts. The Service Contractor will not refuse employment to a
person, bar a person from employment, or discriminate against a person in compensation
or in a term, condition, or privilege of employment because of race, color, religion, creed,
political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable
demands of the position require an age, physical or mental disability, marital status or sex
distinction. The Service Contractor shall be subject to and comply with Title VI of the Civil
Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
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thereunder. The Service Contractor represents it is, and for the term of this Service
Contract will be, in compliance with the requirements of the Equal Pay Act of 1963 and
Section 39‐3‐104, MCA (the Montana Equal Pay Act). The Service Contractor must report to
the City any violations of the Montana Equal Pay Act that the Service Contractor has been
found guilty of within 60 days of such finding for violations occurring during the term of this
Service Contract.
The Service Contractor shall require these nondiscrimination terms of its sub Contractors
providing services under this Service Contract.
M. LIABILITY INSURANCE:
1. Prior to the execution of this Service Contract, the Service Contractor or their agents
shall obtain, carry and keep in good standing for the remainder of the Service Contract
period, with any extensions a minimum of:
a. Comprehensive general liability insurance coverage to the limit of $3,000,000 per
occurrence and $5,000,000 per aggregate. The general liability insurance coverage
must include a logging and lumbering endorsement (Logger’s Board Form).
b. Employers’ Liability Insurance coverage to the limit of $1,000,000 per occurrence
and $2,000,000 per aggregate.
c. Automobile Liability Insurance: The Service Contractor shall purchase and maintain
coverage to the limit of $1,000,000 property damage/bodily injury per occurrence
to cover such claims as may be caused by any act, omission, or negligence of the
Service Contractor or its officers, agents, representatives, assigns, or subcontractors.
d. Environmental/Pollution Liability Insurance: $1,000,000
e. Aircraft/Aerial Operations Liability Insurance: Service Contract shall purchase
aircraft/aerial operations liability insurance with a combined single limit of not less
than $1,000,000 each occurrence and passenger liability not less than $100,000 per
seat. The policy will provide coverage for bodily injury and property damage arising
from any aerial operations engaged in under this Service Contract.
The above amounts shall be exclusive of defense costs.
2. The City and Forest Officer shall be endorsed as additional or named insureds on a
primary non‐contributory basis on both the Commercial General, Automobile, and
Aircraft/Aerial Operations Liability policies.
3. By requiring insurance herein, the City does not represent that coverage and limits will
necessarily be adequate to protect the Service Contract and such coverage and limits
shall not be deemed as a limitation on the Service Contractor’s liability under the
indemnities granted to the City in this Agreement.
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4. In lieu of such coverage, the Service Contractor may provide proof of self‐insurance in at
least an amount equal to that provided above.
5. All the policies of insurance required to be purchased and maintained under this Service
Contract shall contain a provision or endorsement that the coverage afforded will not be
canceled, or renewal refused, until at least 30 days prior written notice has been given
to the purchasing policyholder. Within three days of receipt of any such written notice,
the purchasing policyholder shall provide a copy of the notice to each additional or
named insured.
6. At least 14 days prior to the commencement of any work to be performed under this
Service Contract, Service Contractor shall deliver to the City a certificate of insurance
from the insurer(s) of the Service Contractor or their agents certifying that coverage in
at least the amounts stated above is in force. Such certificate shall be submitted to the
City for approval of the insurer(s), the amount, and the form. The City reserves the right
to require a certified copy of any such policy or to examine the policy itself.
7. A self‐insured Service Contractor shall provide an equivalent certificate of insurance
subject to the approval of the City.
8. It is further understood and agreed that this Service Contract shall terminate
immediately in the event that the mandatory liability insurance coverage required under
this part is for any reason not obtained or is discontinued.
N. WORKERS’ COMPENSATION INSURANCE:
1. Prior to the commencement of any work under this Service Contract, Service Contractor
shall provide written verification to the Administrator that all individuals who are to be
engaged in work under this Service Contract, including but not limited to employees,
agents or independent Service Contractors of the Service Contractor or of its subService
Contractors, are either insured for workers’ compensation coverage or are exempted
from such coverage as certified independent Service Contractors pursuant to § 39‐71‐
401 MCA.
2. It is expressly understood and agreed that no such individual may engage in work in
furtherance of this Service Contract at any time during its period unless either insured
for workers’ compensation coverage or exempted from such coverage as indicated
above.
3. It is understood and agreed that this Service Contract shall terminate immediately if
workers’ compensation coverage or exemptions required under this part is discontinued
for any individuals engaged in work under this Service Contract.
O. SAFETY: The Service Contractor, employees, subService Contractors and their employees
shall conduct their activities in a safe and workmanlike manner, shall cooperate in making it
possible for the Forest Officer to safely, efficiently, and economically perform his, her or its
administrative duties, and shall comply with federal and State safety standards for logging
operations as established by the United States Department of Labor, Occupational Safety
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and Health Administration (OSHA; 29 Code of Federal Regulations 1910 and any other such
applicable regulations promulgated by OSHA) and as required by Title 50, Chapter 71 of the
Montana Code Annotated, and any regulations promulgated to implement the statutes
found in that Title and Chapter of the Montana Code Annotated. The Service Contractor,
and not the City or Forest Officer, is responsible for instituting and maintaining all
precautions, procedures and programs for the safety of all persons on the project site, and
the City and Forest Officer hereby disclaims any and all responsibility for injuries or
accidents occurring at the site.
P. SAWMILLS PROHIBITED: No sawmills shall be allowed to operate on the gross Service
Contract area.
Q. LOG CHIPPERS OR GRINDERS: No log chippers or grinders shall be allowed to operate on
the gross Service Contract area unless written approval to do so is granted by the Forest
Officer. In order for approval to be granted, the Service Contractor shall identify a method
acceptable to the City for the measurement of all wood to be ground or chipped. If the
Service Contractor intends to operate a log chipper outside of the gross Service Contract
area, provisions must be made for obtaining certified weights of either the material
removed or of the resultant products.
R. SERVICE CONTRACT DELAYED OR PRECLUDED BY JUDICIAL ACTION OR GOVERNMENT
REGULATORY ACTION:
1. In the event judicial action, change in applicable law, or implementation of government
regulatory action renders proceeding with this Service Contract unlawful, the City will
suspend or terminate the Service Contract in whole or in part. Upon notice of such
suspension or termination, Service Contractor shall immediately cease all or any portion
of such operations under the Service Contract as directed by the City. If a court of
competent jurisdiction has entered a final judgment rendering further proceeding with
this Service Contract unlawful, or government regulatory action takes effect, the City
may terminate the Service Contract or, at the City’s option, suspend the Service
Contract in whole or in part, pending appeal of the court’s final judgment. If the Service
Contract is suspended, the City shall not be liable to the Service Contractor for damages
or losses resulting from the delay. In the event the Service Contract is terminated due to
judicial action, a change in law, or government regulations, the City shall be liable to
Service Contractor only as follows:
a. The City shall refund any portion of advance stumpage payments or down payments
not needed to compensate the City for timber removed.
b. The City shall release any portion of the performance bond not needed to
compensate the City for timber removed or other losses suffered by the City due to
breach of Service Contract by the Service Contractor.
c. The City shall reimburse the Service Contractor for the portion of reasonable costs of
constructing or improving roads or of installing other facilities on City lands and
approved adjacent private property pursuant to this Service Contract that the
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Service Contractor has not been able to use for removing timber. The Service
Contractor shall provide documentation requested by the City of the Service
Contractor’s actual costs of constructing or improving such roads or installing other
improvements.
S. VENUE AND CHOICE OF LAW: In the event of litigation concerning this agreement, venue
shall be in the Sixteenth Judicial District, Gallatin County, Montana, and this agreement shall
be governed by the laws of the State of Montana both as to interpretation and
performance.
T. AUTHORIZATION TO ENTER: The Service Contractor is authorized to enter the Service
Contract area only for purposes related to the performance of this Service Contract or for
preparing its bid. Further, the Service Contractor is responsible for securing any and all
gates nightly as required by the Forest Officer.
U. USE BY OTHERS: The City reserves the right to issue timber permits or other permits on the
Service Contract area for forest products not included in this Service Contract or for other
uses not in conflict with this Service Contract. The City also reserves the right to permit
other persons to cross the Service Contract area to gain access to other lands for fire
suppression or for other purposes. Where the Service Contractor improves or reconstructs
an existing road, the use thereafter by the Service Contractor shall accommodate safe use
by others.
V. OTHER OPERATIONS BY THE CITY: The City reserves the right to at any time conduct within
the gross Service Contract area forest management operations including, but not limited to,
slash piling, burning, handwork, broadcast burning, mop‐up, patrolling, thinning and tree
planting during the term of this Service Contract.
W. INDEMNITY AND LIABILITY:
1. The Service Contractor agrees to indemnify the City, its officials, agents, representatives
and employees, while acting within the scope of their duties and hold the City harmless
from and against all claims, demands, and causes of action of any kind or character,
including the cost of defense, arising in favor of the Service Contractor’s employees or
third parties on account of bodily or personal injuries, death or damage to property
arising out of services performed, goods or rights to intellectual property provided or
omissions of services or in any way resulting from the acts or omission of the Service
Contractor and/or its agents, employees, subService Contractors or its representatives
while engaged in work under this Service Contractor, all to the extent of the Service
Contractor’s negligence.
2. For other than professional services rendered, to the fullest extent permitted by law,
Service Contractor agrees to release, defend, indemnify, and hold harmless the City, its
agents, representatives, employees, and officers from and against any and all claims,
demands, actions, fees and costs (including attorney’s fees and the costs and fees of
expert witness and consultants), losses, expenses, liabilities (including liability where
activity is inherently or intrinsically dangerous) or damages of whatever kind or nature
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connected therewith and without limit and without regard to the cause or causes
thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Service Contractor; or (ii) any negligent, reckless, or intentional
misconduct of any of the Service Contractor’s agents.
3. Service Contractor waives any and all claims and recourse against the City, including the
right of contribution for loss or damage to person or property arising from, growing out
of, or in any way connected with or incident to the performance of this Service Contract
except “responsibility for [City’s] own fraud, for willful injury to the person or property
of another, or for violation of law, whether willful or negligent” as per 28‐2‐702, MCA.
4. Service Contractor shall be responsible for, indemnify, defend and hold the City
harmless from and against any loss, cost (including, without limitation, reasonable legal,
accounting, consulting, engineering and similar expenses), damage, claim, fine or
liability, including the necessity for tests, inspections or other work, and any damage,
claim, fine or liability arising as a result of such tests, inspections or other work, the City
must perform:
a. Based upon an actual or alleged violation by the Service Contractor of, or failure by
the Service Contractor to comply with, any Environmental Law during the term of
this Service Contract;
b. Arising from the discharge, release, threatened release, handling, storage,
treatment, deposit or disposal of any Hazardous or Deleterious Substances caused
or exacerbated by the activities of the Service Contractor on or in the gross Service
Contract area during the term of this Service Contract; or
c. Otherwise arising out of or in connection with any environmental condition or action
caused or created by the Service Contractor.
5. Should the City be required to bring an action against the Service Contractor to assert its
right to defense or indemnification under this Service Contract or under the Service
Contractor’s applicable insurance policies, the City shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Service Contractor
was obligated to defend the claim(s) or was obligated to indemnify the City for a
claim(s) or any portion(s) thereof. In the event of an action filed against the City
resulting from the City’s performance under this Service Contract, the City may elect to
represent itself and incur all costs and expenses of suit.
6. The indemnification obligations of SECTION W must not be construed to negate,
abridge, or reduce any common‐law or statutory rights of the City as indemnitee(s)
which would otherwise exist as to such indemnitee(s). Service Contractor’s indemnity
under SECTION W shall be without regard to and without any right to contribution from
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any insurance maintained by City. These obligations shall survive termination of this
Service Contract and the services performed hereunder.
X. OTHER LAWS AND REGULATIONS: This Service Contract is subject to all applicable federal,
state, county, and municipal laws, ordinances, and regulations in effect at the date of this
Service Contract or which may, from time to time, be adopted, and which do not impair the
obligations of this Service Contract and which do not deprive the Service Contractor of an
existing property right recognized by law. A violation by the Service Contractor of any
federal, state, county, and/or municipal laws, ordinances and/or regulations while
conducting operations under the terms of this Service Contract, shall, in the discretion of
the City, constitute sufficient reason for the suspension or termination of this Service
Contract. If any part of the lands or premises under this Service Contract are used or
allowed or permitted to be used for any purpose contrary to the laws of this state or the
United States, such unlawful use shall, in the discretion of the City, constitute sufficient
reason for the suspension or termination of this Service Contract.
Y. FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to
causes beyond its reasonable control, including without limitation, acts or omissions of
government or military authority, acts of God, materials shortages, transportation delays,
fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or
indirectly beyond the reasonable control of the nonperforming party, so long as such party
is using its best efforts to remedy such failure or delays. Force majeure will not relieve the
Service Contractor from liability for damage or otherwise excuse performance of this
Service Contract should the Service Contractor cause a fire for which they would be liable
under § 50‐63‐103, MCA.
II. CHARGES AND PAYMENTS
A. PERFORMANCE BOND:
1. As a guarantee of the faithful performance of this Service Contract, Service Contractor
shall furnish a performance bond, with sufficient sureties, to the City in an amount equal
to the total Service Contract price shown in Table 1 to protect against potential loss to
the City in the event of Service Contractor’s breach or default under the terms of this
Service Contract as determined by the Administrator. The performance bond may be in
cash, bond, irrevocable letter of credit, or certificate of deposit with sufficient sureties.
A letter of credit must be automatically renewable without amendment for the term of
the Service Contract.
2. Upon full performance of the terms of the Service Contract, the City shall release the
performance bond.
3. Upon substantial performance of the terms of the Service Contract, the Administrator
may release a portion of the performance bond not needed to compensate the City for
any remaining timber to be removed or any other losses that may be suffered by the
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City due to breach of Service Contract by the Service Contractor. The bond shall not be
reduced to less than five percent (5%) of the estimated value of the timber sold.
B. PAYMENTS: The City agrees to make payments to the Service Contractor as follows:
1. PAYMENTS TO SERVICE CONTRACTOR: The City shall pay the Service Contractor at the
unit prices provided in Table 1 which reflects the amount due the Service Contractor for
timber that has been cut, flown, and decked at a landing site. Payment amount shall be
based on actual quantity of timber measured and accounted for in accordance with
Section III MEASUREMENT AND LOG ACCOUNTABILITY as determined by the Forest
Officer.
2. The unit price paid by the City to the Service Contractor is exclusive of any valuable
receipts the Service Contractor may realize by the Service Contractor’s delivery of
Sawlogs and Other Material hauled to any final delivery location of its sole choosing.
The Service Contractor shall obtain title to Sawlogs and Other Material under this
Service Contract pursuant to Section I.C.2.
3. PAYMENT SCHEDULE: The Service Contractor shall make requests for periodic progress
payments no more frequently than every two week period (bi‐weekly). Progress
payment requests shall be provided to the Forest Officer for review and approval and
shall contain weight ticket and load ticket information that accounts for the total
quantity of timber upon which the progress payment request is being made. The Forest
Officer must approve the progress payment request in writing prior to presenting to the
City.
a. Notwithstanding the foregoing Section II.B.3, an initial progress payment may be
requested by the Service Contractor to cover mobilization of crews and equipment
to the gross Service Contract area. If this request is made, it shall first be provided
to the Forest Officer for confirmation that mobilization has occurred, and the
amount shall not exceed 10% of the total bid price indicated in Table 1.
i. Progress payments for the ‘Road Maintenance Package’ lump sum bid item shall
be measured and payable on a percent complete basis at the time the progress
payment request is made.
4. PAYMENT BONUS: The City shall pay the Service Contractor a bonus of $1000.00 for
each complete calendar day the Service Contractor reduces the actual period of the
Sourdough Canyon Trail public access closure from the maximum 28 day period required
in Section VII.G.1.b.
5. All payments made to the Service Contractor by the City are subject to retainage under
Section II.C.3. Payments shall be issued by the City within 30 days of the date an
approved payment request is provided to the City by the Forest Officer.
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C. ROAD CONSTRUCTION, USE AND MAINTENANCE:
1. Service Contractor shall maintain the road that is the subject of the Temporary Road
Permit Agreement provided in Attachment E at the direction of the Forest Officer.
During the operating period of this Service Contract, Service Contractor shall be solely
responsible to maintain the road. At the termination of this Service Contract, the road
will left in a condition meeting the terms of the Temporary Road Permit Agreement.
2. Service Contractor shall maintain Sourdough Canyon Trail at the direction of the Forest
Officer. Pre‐haul maintenance shall be performed on the Sourdough Canyon Trail in
accordance with approved stream permits located in Appendix 1 of Attachment A. The
full public closure of Sourdough Canyon Trail shall be in place prior to initiating the
permitted pre‐haul maintenance activities and shall remain in place until post‐haul
maintenance activities have been performed to the satisfaction of the City and Forest
Officer.
The Service Contractor shall file for and obtain a Utility/ROW Work Permit from the
Gallatin County Road and Bridge Department prior to initiating the full public closure of
Sourdough Canyon Trail. The permit form is provided in Appendix 2 of Attachment A.
During the term of this Contract, Service Contractor shall be solely responsible to
maintain Sourdough Canyon Trail. At the termination of this Contract, Sourdough
Canyon Trail shall be returned to a like or similar condition as it existed prior to the
beginning of work under this Contract.
3. The City will retain five percent (5%) of the total amount due to the Contractor with bi‐
weekly progress payments. Retainage will be released by the City to the Service
Contractor upon final completion of the Service Contract and only upon satisfactory
restoration of Sourdough Canyon Trail, the road subject to the Temporary Road Permit,
and any damage subject to Section VI.H as determined by the City and Forest Officer.
4. ALTERNATE HAUL ROUTES: The Service Contractor is authorized by the City to use the
haul routes designated and depicted on Attachment F of this Service Contract. If the
Service Contractor desires to use an alternate haul route, that haul route must be
approved by the City prior to its use. Road use charges, maintenance requirements and
payments may be required by the City to reflect the alternate haul route used by the
Service Contractor. The Service Contractor is responsible for obtaining any right‐of‐way
required for an alternate haul route and for meeting all requirements of any agreements
associated with that right‐of‐way. Proof of any such agreement must be provided to the
City prior to use. Service Contract prices are not subject to an adjustment under this
clause.
III. MEASUREMENT AND LOG ACCOUNTABILITY
A. PRODUCT MEASUREMENT:
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1. The City will determine the quantity of products removed from the gross Service
Contract area based on the total net weight of material hauled. Weight tickets will be
used to obtain the total quantity.
2. When mixed products with different unit prices per ton are hauled on one load, the
entire load will be provided payment at the price of the product with the lowest price
contained in the load.
3. Upon request by the City, the most recent load delivered to a receiving mill, or other
final delivery location, must be made available for inspection by the City or the Forest
Officer. The weight ticket identifying the load must remain affixed to the load.
B. WEIGHT TICKETS: The Service Contractor is required to furnish weight tickets to the City
and Forest Officer as agreed to by the Forest Officer and the Service Contractor.
1. All weight tickets shall be mailed or delivered with corresponding load tickets directly to
the Forest Officer, Gary Peck, at P.O. Box 238, Bozeman, MT 59771. This requirement
may be waived or changed by the Forest Officer.
2. Weight tickets shall show gross, tare and net weights and the corresponding load ticket
number of each product load. All weight tickets must have mechanically stamped
weights for the gross and tare weights unless otherwise permitted in writing by the
Forest Officer. Proof of calibration for scales used to produce weight tickets shall be
provided as directed by the Forest Officer. Weight tickets will be mailed or delivered to
the Forest Officer at the foregoing address on a bi‐weekly basis or as otherwise agreed
to by the Forest Officer. A weight ticket will be considered as missing if not furnished
within 4 weeks of the load delivery date. Failure to comply with this provision is a
Service Contract violation.
3. Truck ticket information may be scanned and emailed to the Forest Officer electronically
if all required ticket information is provided. Tickets submitted in this format must be
emailed to: peckgs@gmail.com with a cc to bheaston@bozeman.net. The information
must be provided to the Forest Officer on a bi‐weekly basis prior to the tenth (10th) and
twenty‐fourth (24th) of each month. The paper copy of the weight tickets must also
continue to be provided to the Forest Officer. The requirement to supply the paper
copy of the weight tickets may be waived by the Administrator.
C. LOAD TICKETS: The Service Contractor will be issued load ticket books with consecutively
numbered tickets for uniquely identifying truckloads of logs. A load ticket shall be attached
to the driver’s side bunk log of each product load prior to hauling. The Service Contractor
shall complete each ticket with the Service Contract information required by the City. The
Service Contractor shall provide to the Forest Officer a complete list of destinations to
which loads will be delivered. The Forest Officer, at its discretion, may require a separate
ticket book for each destination. Failure to comply with this provision is a Service Contract
violation.
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D. SORTING OF PRODUCTS: The Forest Officer may require separate ticket books for any loads
sorted by the Service Contractor by size or species or by specific products intended for
different delivery points. Load tickets designated for a specific product must only be used
for that specific product. When a load ticket is used with an incorrect product it is a Service
Contract violation.
E. LOAD MARKING: The Service Contractor is required to mark all loads of logs before
removal from the loading area to assist in identification while in transit or at the point of
delivery. Marking shall be accomplished by painting “BZN” in blue paint and the last three
digits of the truck load ticket number on log ends of at least three logs on each load, both
front and back. The driver’s side bunk log shall be one of the marked logs. Failure to comply
with this provision is a Service Contract violation.
F. PROMPT DELIVERY: The Service Contractor will deliver loads from the timber Service
Contract area to a receiving log yard directly without diversion. “Over‐nighting” loads
during transit are expressly forbidden unless approved by Forest Officer prior to hauling.
Failure to comply with this provision is a Service Contract violation.
G. SCALE RULE:
1. Any sawlogs scaled by the City shall be scaled using the Scribner Decimal “C” log rule.
Log scaling will follow the procedures listed in the National Forest Log Scaling Handbook
(FSH 2409.11) excluding Region 1 supplements.
2. In cases where conversion is required, a conversion factor of 6.2 tons per thousand
board feet will be used for sawlogs.
IV. SERVICE CONTRACT VIOLATIONS AND PENALTIES
A. SUSPENSION:
1. LOSS OF BOND: If the surety bond or other bond securing performance of this Service
Contract is canceled or otherwise becomes ineffective, operations covered by this
Service Contract shall immediately cease upon written or oral order from the Forest
Officer to the Service Contractor. Cutting and removal of timber may resume only upon
receipt of written notice from the City that acknowledges adequate bond.
2. OTHER SERVICE CONTRACT VIOLATIONS:
a. Should the Forest Officer observe a condition that violates the terms of this Service
Contract, the Forest Officer may verbally notify the Service Contractor or its
employees or subcontractors of such condition and immediately suspend all or part
of the operations in the Service Contract area to prevent harm to the interests of the
City or the public. Should the Service Contractor or its employees or subcontractors
fail to comply with any verbal suspension order, the Administrator may terminate
the Service Contract pursuant to Section IV. B. Termination. The Forest Officer may
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rescind his/her verbal suspension order upon satisfactory cure of the Service
Contractor’s violation and operations may resume.
b. Suspension orders may be given in writing or verbally to the Service Contractor, or
to his, her or its employees or subcontractors. Once given, the Service Contractor,
and his, her or its employees or subcontractors shall immediately comply with such
order of suspension and failure to do so shall constitute grounds for termination of
this Service Contract. Suspension orders are reviewable under the provisions
described in Section I.I. COMPLAINTS.
c. The Administrator may issue a written notice of suspension depending upon the
severity of the violation and Service Contractor’s ability to cure. Such notice shall
contain information regarding: 1. The breach observed and harm anticipated; 2. The
Service Contract provisions violated; 3. If possible, the measures required to cure the
violation and allow operations to resume; and 4. The deadline within which the
Service Contractor must cure the violation. Should the Service Contractor fail to cure
the violation as required, or to obtain a written variance from the Administrator, the
Administrator may charge the Service Contractor a $250 per day penalty for every
day that the violation persists. Operations may resume only upon written notice
from the Administrator. If satisfactory measures or remedies cannot be found to
cure the violation, the Administrator may immediately terminate the Service
Contract pursuant to Section IV.B. TERMINATION.
B. TERMINATION:
1. Gross or persistent Service Contract violations and/or failure to promptly and properly
remedy Service Contract violations by the Service Contractor pursuant to the terms of
this Service Contract shall be grounds for termination of the Service Contract by the
City.
2. If this Service Contract is terminated by the City, the Administrator shall immediately
notify the Service Contractor of the termination and the reasons for it by certified mail.
Such notice shall describe in what respects the Service Contract has been breached, the
means, if any, by which the breach can be remedied and the consequences of such
termination. The Service Contract shall be terminated 18 days from the date the notice
is mailed to the Service Contractor at the address stated in this Service Contract.
3. Upon receipt of the notice of termination the Service Contractor shall immediately
cease all operations pursuant to and permitted by the Service Contract until the
termination is resolved as provided pursuant to this Section of the Service Contract,
Section IV.B. TERMINATION.
4. The Service Contractor has 18 days after mailing of the notice of termination within
which to file with the Administrator and City Attorney, a notice of appeal for a hearing
before the City Commission. If a timely notice of appeal is filed, the Service Contract
remains in effect until the decision of the City Commission, but any suspension order
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shall remain in effect in the interim. The City Commission shall conduct a public hearing
to determine whether the Service Contract should be reinstated.
5. If the Service Contract is reinstated the Service Contractor will not be penalized for any
delays that resulted from the appeal.
C. LIABILITY FOR DAMAGES:
1. The Service Contractor shall be liable for any damages sustained by the City arising from
Service Contractor’s breach of the terms of this Service Contract and the City may cause
all or part of the performance bond to be forfeited to recover such damages.
D. CITY’S OPTION TO COMPLETE SERVICE CONTRACT REQUIREMENTS: If the Service
Contractor fails to complete the requirements described in this Service Contract in a timely
manner or if the Service Contract is terminated pursuant to Section IV.B. TERMINATION, the
City reserves the right to complete the work itself or through a Service Contractor. The
Service Contractor will be billed for any additional costs incurred by the City due to the
Service Contractor’s failure to perform the requirements of this Service Contract. These
additional costs may include City employee time and expenses that were extraordinary to
the normal administration of the Service Contract, such as time and expenses incurred to
hire a replacement Service Contractor.
E. WAIVER OF PENALTIES: The penalties specified in this section shall be regarded as
liquidated damages and may be waived or reduced at the discretion of the Administrator in
exceptional cases.
F. FOREST PRACTICES LAWS: The Service Contractor shall conduct logging operations in
compliance with all laws relating to forest practices in the State of Montana. The Service
Contractor shall be responsible for all reclamation and penalties that result from violations
of applicable forest practices laws.
G. MEASUREMENT AND LOG ACCOUNTABILITY VIOLATIONS: Any violations incurred and
charged as provided for in this section will be deducted from the Service Contractor’s
periodic progress payments.
1. MISSING LOAD TICKETS: The Service Contractor will be charged up to $500.00 for each
unused load ticket that the Service Contractor has lost or misplaced while in his, her or
its possession. An unused ticket is defined as a ticket that is not turned into the Forest
Officer with an associated truckload weight.
2. FAILURE TO ATTACH OR COMPLETE LOAD TICKET: The Service Contractor may be
charged $500.00 per load for failure to attach a load ticket to each product load prior to
hauling, or for failure to complete the load ticket with all required information.
3. MISSING WEIGHT TICKETS:
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a. The Forest Officer will notify the Service Contractor of each missing weight ticket.
b. The load weight will be determined by averaging weights from other loads hauled by
the Service Contractor to the same mill within the same billing period, or 27 tons for
straight trucks and 23 tons for self loader loads.
4. IMPROPERLY LABELED PRODUCT: The Service Contractor may be charged $500.00 per
load for loads with an incorrect load ticket for the product (Sawlog or Other Material) in
the load as determined by the Forest Officer.
5. IMPROPERLY MARKED LOADS: The Service Contractor may be charged $40.00 per load
for each load not marked in accordance with Section III.E. LOAD MARKING as
determined by the Forest Officer.
H. RESOURE PROTECTION VIOLATIONS: Any violations incurred and charged as provided for
in this section will be deducted from the Service Contractor’s periodic progress payments.
1. The Service Contractor may be charged five hundred dollars ($500.00) per piece of
equipment determined to have entered Service Contract area without Forest Officer
inspection in accordance with VI.K. NOXIOUS WEED MANAGMENT. This charge does not
relieve the Service Contractor from requirement VI.K. NOXIOUS WEED MANAGEMENT.
2. The Service Contractor may be charged five hundred dollars ($500.00) per occurrence
for each fuel spill that occurs. Payment of any fuel spill charges does not relieve the
Service Contractor from responding to and sufficiently addressing the spill or removing
contaminated soils from the gross Service Contract area in accordance with applicable
federal, state and local laws and regulations.
I. FAILURE TO MEET COMPLETION DATES: Any penalties incurred and charged as provided
for in this section will be deducted from the Service Contractor’s periodic progress
payments.
1. The Service Contractor shall be charged $500.00 for each complete calendar day the
Service Contractor fails to meet the maximum 28 day Sourdough Canyon Trail public
access closure period required in Section VII.G.1.b.
2. The Service Contractor may be charged $100.00 for each complete calendar day the
Service Contractor fails to meet the deadlines shown in Table 3. Charges will be
deducted from the Service Contractor’s final payment.
V. FIRE PROTECTION
A. FIRE REGULATIONS: The Service Contractor is required to conduct all operations in
accordance with the Montana Forest Fire Regulations, Attachment C.
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B. FIRE PREVENTION: During the time that this Service Contract remains in force, the Service
Contractor shall, to the greatest extent practicable, prevent forest fires on the area
described in this Service Contract and in its vicinity, and shall require all employees, Service
Contractors and employees of Service Contractors to do likewise.
C. FIRE COSTS: The costs borne by the City for suppressing fires that are intentionally lit by the
Service Contractor or that are caused by negligence or fault in the Service Contractor’s
operations shall be paid by the Service Contractor to the City. The Service Contractor shall
also be liable for property and resource damage resulting from these fires.
D. FIRE REPORTING: Any wildfires, which the Service Contractor detects or suppresses, must
be reported as soon as possible to the responsible fire protection agency and the City.
E. SUSPENSION OF OPERATIONS: When fire danger reaches extreme levels the Forest Officer
may suspend operations until fire conditions in and/or around the Service Contract area
improve. The City may grant a Service Contract extension to compensate for the time
suspended.
H. CONTACT INFORMATION: The Service Contractor will provide the Forest Officer with
phone numbers of the Service Contractor and their employees and Service Contractors
when logging operations are in progress (including nights and weekends), in order to
establish contact at any time if a wildfire occurs within the Service Contract area or on other
lands accessed by road systems associated with the Service Contract.
VI. RESOURCE PROTECTION
A. DAMAGE PREVENTION: The Service Contractor shall use reasonable skill and care in all
operations to prevent damage to soils, trails, meadows, stream banks, stream channels,
wetlands, lakeshores or other natural features of the Service Contract area.
B. STREAM PROTECTION:
1. Construction and logging equipment will not be operated in Streamside Management
Zones. An exception may be provided for through this Service Contract or the Forest
Officer may grant written permission. Additional protection measures may be required
in Section VII.G, SPECIAL OPERATING REQUIREMENTS and in Service Contract
Attachments.
2. The Service Contractor shall notify the Forest Officer immediately if debris from logging
or construction enters a stream or stream channel.
3. The Service Contractor shall remove any debris resulting from logging or construction
operations, which may affect the natural flow of any streams traversing the Service
Contract area. This work will be completed in a manner that causes the least
disturbance to the streams, as directed by the Forest Officer.
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4. Logs shall not be hauled, skidded or yarded across streams unless the logs are fully
suspended, or otherwise yarded as specified in this Service Contract. The Forest Officer
must approve all logging and construction plans, including changes, before
implementation.
5. All operations shall be conducted in a manner to comply with Montana Water Quality
Standards, the Streamside Management Zone Law, and all applicable permits.
C. CULTURAL RESOURCES: If a cultural resource is discovered, the Service Contractor shall
immediately suspend all operations in the vicinity of the cultural resource and notify the
Forest Officer. Operations may only resume if authorized by the Forest Officer. Cultural
resources identified and protected elsewhere in this Service Contract are exempted from
this clause. Cultural resources, once discovered or identified, are not to be disturbed by the
Service Contractor, or his, her or its employees and/or sub‐Service Contractors.
D. DISCOVERY OF THREATENED AND ENDANGERED SPECIES:
1. If a specific habitat feature for a federally listed threatened or endangered species is
encountered, the Service Contractor shall suspend all operations in the vicinity of the
observation or discovery and immediately notify the Forest Officer. Operations may
resume only if authorized by the Forest Officer. Habitat features identified and
protected elsewhere in this Service Contract are exempted from this clause.
2. If a federally listed threatened or endangered species is encountered, the Service
Contractor shall immediately notify the Forest Officer. The Service Contractor may be
required to suspend operations in the vicinity of the observation or discovery. If
suspended, operations may resume only if authorized by the Forest Officer.
E. SANITATION: The Service Contractor’s operations, as described by this Service Contract,
shall comply with all applicable State laws, rules and regulations concerning sanitation in
operations. Refuse resulting from the Service Contractor’s activities, including the use,
servicing, repair, or abandonment of equipment, shall be removed or otherwise disposed of
in a manner that complies with all State laws and meets the approval of the Forest Officer.
The Service Contractor shall not service tractors, trucks and similar pieces of equipment on
lands that directly drain into or are within 100 feet of lakes, streams or recreational
facilities. No logging camp will be located on the gross Service Contract area without prior
approval by the Forest Officer.
F. HAZARDOUS SUBSTANCES: In addition to the indemnification provided in Section I.W.
INDEMNITY AND LIABILITY, with respect to Hazardous Substances, the following duties shall
apply:
1. The Service Contractor shall know and comply with regulations governing the storage,
handling, application, disposal, and reporting of pesticides, herbicides, containers,
biological waste, petroleum products, dust abatement compounds, and other hazardous
substances. The Service Contractor shall obtain the approval of the Forest Officer to
store, handle, apply or dispose of these substances on City land.
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2. The Service Contractor shall not transport, handle, store, load, apply, or dispose of any
hazardous substance in such a manner as to pollute water supplies or waterways, or
cause damage or injury to people, land, desirable plants, and animals.
G. PROTECTION OF IMPROVEMENTS: The Service Contractor shall to the greatest extent
practicable protect from damage all gates, signs, telephone lines, power lines, fences,
irrigation ditches, cattle guards, drainage structures, road improvements, and any other
improvements or infrastructure within the gross Service Contract area and/or along haul
routes. Damages caused by the Service Contractor, his, her or its employees or subService
Contractors, and expenses associated with the repair or replacement of damaged structures
and improvements are the sole responsibility of the Service Contractor.
H. HAUL ROADS: The Service Contractor must meet all City, County, MDT, and Federal
Regulation and Load requirements. During spring thaw or other extended wet conditions
the Service Contractor is notified that Nash Road and other county roads may not hold up
to heavy haul trucks. The County may impose stricter load restrictions during spring thaw
or other extended wet conditions and may not allow any haul trucks to operate at all during
these periods. If Nash Road, or any other county road that may be approved by the City as
a haul route, begins to fail, the Service Contractor will be responsible for all repair and
project delay costs should they occur. Service Contractors shall contact the Gallatin County
Road Department to satisfy themselves of any constraints that may be placed on them that
would affect the progress and stumpage price of this Service Contract. Service Contractor
shall use the haul routes designated and depicted on Attachment F unless allowance for an
alternate haul route is approved by the City per Section II.C.4 of this Service Contract.
I. PROPERTY CORNER RESTORATION: The Service Contractor is required to replace any
General Land Office township, section, quarter or meander corners, monuments or witness
trees on or adjacent to the timber Service Contract area which may have been moved,
disturbed or lost, as a result of the Service Contractor’s logging or construction operations.
Any necessary replacements must be carried out by a licensed surveyor at the Service
Contractor’s expense.
J. PASSABLE ROADS: The Service Contractor will leave all roads and trails free from
obstruction by logs, brush or debris following the completion of logging operations.
Temporary or permanent obstructions may be acceptable if approved by the Forest Officer.
K. NOXIOUS WEED MANAGEMENT: All equipment used in road construction and off‐road
logging activity must be pressure‐washed by the Service Contractor and inspected by the
Forest Officer prior to entering the Service Contract area. This cleaning will remove all dirt,
plant parts, and material that may carry noxious weed seeds into the Service Contract area.
Other equipment and vehicles entering and leaving the Service Contract area shall be
cleaned prior to start up and kept reasonably clean during the course of operations. All
subsequent move‐ins of logging and construction equipment shall be treated the same as
the initial move‐in.
L. WILDLIFE PROTECTION:
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1. The Service Contractor is authorized to enter areas closed by gates, barricades or berms
with motorized vehicles only for the purposes related to the performance of this Service
Contract. Motorized vehicle entry for purposes other than Service Contract
performance, such as hunting or transporting game animals will be considered trespass
and prosecuted to the fullest extent of the law (Montana Code Annotated § 45‐6‐203).
2. The Service Contractor will store human or pet food, livestock food, garbage, and other
attractants in a bear‐resistant manner.
3. The Service Contractor will not bury or discard attractants in the Service Contract area,
or burn attractants (such as food leftovers) in an open campfire.
4. The Service Contractor will provide each employee with a copy of Attachment D
“Working in Bear Habitat” Brochure.
M. FUEL CONTAINMENT, SPILL RESPONSE PLAN, AND SPILL KIT:
1. The Service Contractor shall provide adequate spill containment areas as determined by
the Forest Officer for all stationary fuel vessels within the gross Service Contract area
exceeding 660 gallons in volume.
2. The Service Contractor shall maintain a readily accessible spill kit and spill response plan
at all refueling locations within the gross Service Contract area.
3. The Service Contractor shall take proper care to implement any customary precautions
necessary to prevent spilling of fuel during equipment refueling operations. All spills
shall be immediately reported to the Forest Officer and may be subject to penalties
under Section IV.H.2.
VII. LOGGING
A. TREES DESIGNATED FOR CUTTING: All trees meeting the following requirements must be
cut by the Service Contractor.
1. TREES IN UNITS: Trees that meet the Minimum Log Size of Trees Designated for Cutting
in Table 2 are to be cut in each unit according to the Marking specifications shown in
Section VII.F. UNIT DESIGNATIONS.
2. RIGHT‐OF‐WAY TREES: All trees within road right‐of‐way boundaries must be cut.
3. DAMAGED TREES: Reserved trees, which are root‐cut, damaged by felling or skidding,
uprooted or broken off by the Service Contractors operations may be designated for
cutting by the Forest Officer. The Forest Officer may mark additional reserve trees to
replace those that have been cut or damaged.
4. FIRE KILL, INSECT INFESTATIONS AND WIND THROWN: The Service Contractor may be
required to cut and remove at current Service Contract rates, fire‐killed, high hazard,
disease infected, insect‐infested or wind thrown (defined as blown down or wind‐
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damaged to the extent that the tree is expected to fall or is dying) trees that occur in
any part of the gross Service Contract area while this Service Contract is in effect, if the
Forest Officer determines that the stumpage value per ton of the additional timber is
approximately equal to the value of the timber being harvested under this Service
Contract.
B. TREES RESERVED FROM CUTTING:
1. LEAVE TREES: Trees, both live and dead, marked to leave or otherwise described to
leave are reserved from cutting. Any trees not specifically required to be cut are
reserved from cutting.
2. BOUNDARY AND BEARING TREES: Trees marking the boundaries of ownership, logging
units, equipment restriction zones, streamside management zones, road rights‐of‐way,
and bearing trees, are reserved from cutting unless otherwise designated by this Service
Contract or by the Forest Officer.
C. LOG MANUFACTURING AND RECOVERY STANDARDS:
1. SAWLOG STANDARDS: Trees cut by the Service Contractor shall be manufactured to
secure the maximum utilization of forest products according to III.G.1. All logs that meet
or exceed the Manufacturing and Recovery Standards in Table 2 and this section shall be
flown to landings and hauled by the Service Contractor.
a. Logs shall be bucked to utilize the entire length of the tree to the top diameter
specified under Manufacturing and Recovery Standards in Table 2.
b. Logs meeting utilization specifications in Table 2 shall be manufactured in such a
manner as to minimize waste during bucking operations.
c. A tree or log larger than 5.6” top DIB is considered to be a sawlog if it contains
Scribner Decimal C Net Scale 33% of Gross.
2. OTHER MATERIAL: The Service Contractor must fell all trees marked or designated for
cutting that contain a log meeting Top DIB and Length standards for Other Material in
Table 2. The Forest Officer shall designate Other Material to either be flown and hauled
or remain in place as felled. Other material that is hauled shall be paid at the unit price
for Other Material shown in Table 1.
a. All Service Contract provisions apply to the removal of Other Material.
b. Other Material that is designated to be flown and hauled by the Forest Officer shall
be decked and hauled by the Service Contractor separately from sawlogs. All hauled
loads of Other Material will have a truck ticket assigned and will meet the
specifications in Section III, MEASUREMENT AND LOG ACCOUNTABILITY.
c. Butt cut logs (the first log cut above the stump) that meet MANUFACTURING AND
RECOVERY STANDARDS for sawlogs in Table 2, but do not meet sawlog standards for
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
26
TREES DESIGNATED FOR CUTTING are considered Other Material as determined by
the Forest Officer.
3. NUTRIENT RETENTION: Removal from the site of fine branches and leafy material shall
be minimized.
4. SNAGS: The Service Contractor will retain a minimum of 4 snags per acre and 2
recruitment trees per acre that are >15 inches DBH within each harvest unit unless
superseded by Section VII.F, UNIT DESIGNATIONS. If snags and recruitment trees of this
size class are not available, the next largest available size class shall be retained. If snags
present human safety concerns, the Service Contractor may substitute snag recruits for
snags upon approval of the Forest Officer. Snags cut for safety purposes shall remain in
the unit.
TABLE 2.
PRODUCT
TREES DESIGNATED
FOR CUTTING
MANUFACTURING AND
RECOVERY STANDARDS
The Service Contractor must
fell all trees marked or
designated for cutting that
contain a log of this minimum
size.
The Service Contractor must skid and haul
all logs that meet this minimum
specification.
Top DIB Length Top DIB Length
Sawlogs meeting
standards in Section
VII.C.1.b through c Sawlogs 5.6” 18’2” 5.6”
18’2”
Other Material 3” 18’2”
Fly, deck and haul of Other Material shall
occur at the direction of the Forest Officer
pursuant to Section VII.C.2.b through c.
D. TREE AND BOUNDARY MARKING:
1. TREES MARKED TO LEAVE: Marked with a horizontal blue paint marker at Diameter
Breast Height (DBH).
2. HARVEST UNIT BOUNDARIES: Marked with blue flagging.
3. PROPERTY BOUNDARIES: Marked with red flagging.
4. STREAMSIDE MANAGEMENT ZONES: Marked with fluorescent pink flagging stenciled
with “STREAMSIDE MANAGEMENT ZONE”.
5. EQUIPMENT RESTRICTION ZONES: Marked with red/white striped flagging.
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
27
E. HARVEST SCHEDULE: The Service Contractor must cut and remove trees from the
treatment units by the dates shown on the HARVEST COMPLETION SCHEDULE, Table 3:
TABLE 3. HARVEST COMPLETION SCHEDULE
Priority Units Completion Date
1 East Side Units (1–15) November 30, 2021
2 West Side Units (16–25) January 31, 2022
F. UNIT DESIGNATIONS: The following requirements are to be performed by the Service
Contractor in the harvest units listed below and as shown on the timber Service Contract
map, Attachment A. Paragraph headings refer to paragraphs listed in Section VII.G, SPECIAL
OPERATING REQUIREMENTS.
HARVEST UNIT
NUMBER(S) ACRES ESTIMATED VOLUME (Tons)
East Side Units (1–15) 54 4,582
YARDING METHOD: Helicopter
MARKING: Harvest unit boundaries are marked with blue flagging. Cut all trees within
unit boundary except leave trees marked with horizontal blue paint at DBH.
OPERATING PERIOD: Upon full execution of Service Contract through November 30,
2021.
SPECIAL OPERATING REQUIREMENTS: SOURDOUGH CANYON TRAIL CLOSURE; EAST
SIDE UNITS LANDING/DECKING & REFUELING LOCATIONS
HARVEST UNIT
NUMBER(S) ACRES ESTIMATED VOLUME (Tons)
West Side Units (16–25) 25 2,295
YARDING METHOD: Helicopter
MARKING: Harvest unit boundaries are marked with blue flagging. Cut all trees within
unit boundary except leave trees marked with horizontal blue paint at DBH.
OPERATING PERIOD: Upon completion of East Side Units through January 31, 2022.
SPECIAL OPERATING REQUIREMENTS: WEST SIDE UNITS LANDING/DECKING &
REFUELING LOCATIONS
G. SPECIAL OPERATING REQUIREMENTS: The following requirements are to be performed by
the Service Contractor in specific units as shown in Section VII.F, UNIT DESIGNATIONS.
1. SOURDOUGH CANYON TRAIL CLOSURE:
a. The City, in cooperation with the U.S. Forest Service, will implement a full public
access closure (Closure) of the Sourdough Canyon Trail to support Service
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
28
Contractor’s operations within the East Side Units (1 – 15). The City will produce,
and the Forest Officer will place, Closure notification signage on the Sourdough
Canyon Trail at the north and south extents of the gross Service Contract area.
b. The Service Contractor shall provide no fewer than 7 days advanced notice to the
Forest Officer of the date the Closure and harvest activities will begin for the East
Side Units (1 – 15). Once the closure has begun it will extend continuously for a
period not longer than 28 days. The Service Contractor is allowed to cut trees
within the East Side Units prior to initiation of the Closure with the approval of the
Forest Officer, but in no case shall vehicles be allowed to use Sourdough Canyon
Trail in advance of the Closure.
c. The Closure shall be in place prior to initiating pre‐haul maintenance activities on the
Sourdough Canyon Trail. Pre‐haul maintenance work shall be conducted in
accordance with approved stream permits contained in Appendix 1 of Attachment A.
The Service Contractor shall file for and obtain a Utility/ROW Work Permit from the
Gallatin County Road and Bridge Department prior to initiation of the Closure (see
permit form at Appendix 2 of Attachment A). The Closure shall not be lifted until the
Sourdough Canyon Trail post‐haul maintenance is completed to the satisfaction of
the City and the Forest Officer.
d. A payment bonus provision is provided for at Section II.B.4 if the actual Closure
period is shorter than the maximum 28 day period. A penalty provision is provided
at Section IV.I.1 if the actual Closure period is longer than the maximum 28 day
period.
2. EAST SIDE UNITS LANDING/DECKING & REFUELING LOCATIONS
a. During harvest operations for the East Side Units (1 – 15), the Service Contractor
may use the “Lower Landing/Decking & Refueling Site” and/or the “Upper
Landing/Decking & Refueling Site” indicated on Attachment A. Use of the Upper Site
shall only occur after the separately contracted Phase 1 Sourdough Fuels Reduction
Project is complete, unless permission is granted by the Phase 1 Contractor and
approved by the Forest Officer and City for the Service Contractor’s mutual use of all
or a portion of the Upper Site.
i. The Service Contractor may propose the use of other refueling locations beyond
those indicated on Attachment A if a request is made in writing detailing the
proposed location and haul route to the Forest Officer and City for review and
approval. If the location and/or haul route is located on private land or U.S.
Forest Service property, the Service Contractor must obtain all appropriate
permissions and authorizations from the landowner.
c. Flight Path. The helicopter flight path during harvest operations for the East Side
Units (1 – 15) shall be generally contained within the gross Service Contract
boundary to the extent practicable and in no instance shall the flight path cross over
any road, trail, or building located outside of the gross Service Contract area
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
29
boundary unless written permission has been obtained from the appropriate
property owner.
3. WEST SIDE UNITS LANDING/DECKING & REFUELING LOCATIONS
a. Except as provided in subsections VII.G.3.a.i & ii below, during harvest operations for
the West Side Units (16 – 25), the Service Contractor shall contain its landing,
decking, and refueling operations to the “Upper Landing/Decking & Refueling Site”
indicated on Attachment A.
i. The “Lower Landing/Decking & Refueling Site” may be used during West Side
Units harvest to the extent its use falls within the Sourdough Trail Closure
provided for in Section VII.G.1.
ii. The “Lower Landing/Decking & Refueling Site” may be used for refueling
purposes outside of the Sourdough Trail Closure. The Service Contractor shall
haul fuel generally during early morning or late evening hours to reduce conflict
potential with other trail users.
b. Flight path. Helicopter flight paths during harvest operations for the West Side Units
(16 – 25) shall be generally contained within the gross Service Contract boundary
and shall not cross over Sourdough Canyon Trail at any time when the Sourdough
Trail Closure is not in effect. The flight path shall not cross over any road, trail, or
building located outside of the gross Service Contract area boundary unless written
permission has been obtained from the appropriate property owner.
H. LOGGING OPERATIONS PLAN: The Forest Officer shall approve a plan for felling, yarding,
and landing logs (both Sawlogs and Other Material) in each harvest unit prior to the start of
operations in that unit.
I. YARDING PLAN: The Service Contractor must follow these requirements along with those
shown under VII.G. SPECIAL OPERATING REQUIREMENTS when developing a yarding plan
for each unit. The Forest Officer may approve exceptions to these requirements in writing.
1. The Service Contractor shall provide helicopter flight path information for approval by
the Forest Officer prior to felling trees. The flight path shall conform to requirements in
Section VII.G.2.c and VII.G.3.c.
J. LANDINGS AND LOG DECKS:
1. The Service Contractor shall construct landings at locations approved by the Forest
Officer prior to felling timber.
2. Landings shall be kept to the minimum size necessary to allow the safe handling of logs
and helicopter servicing operations. The Forest Officer must approve landing size.
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
30
3. All deck locations shall be approved by the Forest Officer prior to clearing or use. Decks
shall be located so as to minimize the number of trees cut for construction of the deck
area.
K. FELLING:
1. In each harvest unit, a felling pattern shall be used which conforms to the logging
operations plan and causes the least damage to reserve trees and other resources.
2. Felling shall be systematic and continuous to avoid lost logs and minimize the number of
flight trips.
3. Trees shall be directionally felled away from features requiring protection within or
adjacent to harvest units. Features requiring protection include streams, meadows, wet
areas, and areas specified under Section VII.F. UNIT DESIGNATIONS. Wedges, jacks,
winches, or other special equipment may be required to direct trees when felling. Trees
falling into protection areas shall be winch‐line skidded out of protected features. All
necessary mitigation for damage caused by improper and/or non‐approved felling into a
protected zone is the responsibility of the Service Contractor. The Forest Officer must
approve all mitigation work.
4. Traffic Control Required For Felling along Roads: If felling operations occur along public
roads, traffic guards with “STOP” signs shall be posted 500 feet in both directions from
the units on open roads, providing a safety zone to warn oncoming traffic that logging
operations are in progress. All traffic shall be stopped when tree felling is in progress.
Traffic stops should not exceed 15 minutes at any one time. All saws will be shut off
when traffic is moving through the safety zone. Wedges and/or jacks shall be used to
ensure trees do not fall onto the roadway. In the event a tree falls across the roadway,
all debris shall be removed immediately from the roadway and right‐of‐way. The Forest
Officer must approve any extended road closures for logging operations.
L. YARDING AND MECHANICAL FELLING: The Service Contractor must follow these
requirements during logging operations, along with those shown under Section VII.G.
SPECIAL OPERATING REQUIREMENTS. The Forest Officer will determine when restrictive
conditions apply, and may approve exceptions to these requirements in writing.
1. Soil Compaction Restrictions: In order to prevent soil resource impacts, ground‐based
mechanical felling and yarding are restricted to periods when one or more of the
following conditions occur:
a. Soil moisture content at 4‐inch depth less than 20% oven‐dry weight.
b. Minimum frost depth of 4 inches.
c. Minimum snow depth of 18 inches, loose, or 12 inches, packed.
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
31
2. Suspended Operations for Soil Compaction and Displacement: The Service Contractor
will be required to restrict or suspend logging operations when soils are subject to
compaction or displacement by heavy equipment as determined by the Forest Officer.
3. Equipment Restrictions:
a. Equipment shall not be operated in areas designated as EQUIPMENT RESTRICTION
ZONES, WETLAND MANAGEMENT ZONES or STREAMSIDE MANAGEMENT ZONES as
shown in Section VII.D.6 and 7, unless authorized by this Service Contract or the
Forest Officer.
b. Equipment shall not be operated in soft soils, boggy areas or areas where skidding
would cause excessive compaction and displacement.
c. Any trees designated for harvest within such zones shall be winchline skidded to skid
trails outside the zone.
d. Slash will not be piled in or pushed into these zones.
e. The Forest Officer must approve any designated crossings of restricted areas.
4. Protection of Reserved Trees: The Service Contractor shall exercise reasonable care to
prevent damage to trees reserved from cutting during logging operations.
M. CLEAN‐UP AND COMPLETION: The Service Contractor must follow these requirements and
those shown under Section VII.G. SPECIAL OPERATING REQUIREMENTS during logging
operations. The Forest Officer will determine when restrictive conditions apply,
specifications and dates to meet these requirements and may approve exceptions in
writing. The Forest Officer must approve all designated work prior to the removal of Service
Contractor’s equipment.
1. Logging Debris Confined To Units: All debris from logging shall be confined within the
harvest unit boundaries. Any logging debris outside a harvest unit must be returned to
within the unit boundary.
2. Skidding Debris on Roads: The Service Contractor shall remove logging slash remaining
on any portion of a road cutbank or traveled way. Cut and fill slopes, ditches, or road
surfaces damaged by skidding operations shall be restored to original conditions.
Reseeding is required if vegetation is damaged by skidding.
3. Repair of Improvements: Damage caused by the Service Contractor’s operations to
existing culverts, waterlines, fences, roads, trails, bridges, gates, cattleguards, signs, and
all other improvements must be adequately repaired or replaced at the expense of the
Service Contractor to a standard deemed adequate by the Forest Officer, City, and
improvement owner.
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
32
4. Erosion Control:
a. The Service Contractor shall construct slash and debris erosion barriers, dips, water
bars or ditches in skid trails and landings as directed by the Forest Officer.
b. The type and frequency of erosion control structures and best management
practices shall be adjusted to soil types, topography and climatic conditions as
directed by the Forest Officer.
c. The Service Contractor is required to recontour any excavated skid trails, and
provide for effective erosion control in the trail location as directed by the Forest
Officer.
d. Erosion control work shall commence as soon as skidding is completed on each skid
trail or landing, and must be kept current with unit operations.
e. Erosion control work shall be completed and approved by the Forest Officer in
unfinished units before operations cease for inactive periods including heavy winter
snowfall, spring breakup and restricted dates.
f. All erosion control work in each unit shall be completed prior to notification
pursuant to Section VII.M.7. Acceptance of Completed Harvest Units.
g. The Service Contractor shall maintain erosion control structures in active Service
Contract areas throughout the Service Contract period or extensions thereof.
5. Landing and Decking Area Cleanup: The Service Contractor is required to pile logging
residues on landings and log‐decking areas. Proper equipment (e.g. brush blade, log
loader) shall be used to ensure that no dirt is incorporated into the piles. Mechanical
scarification of landing and decking areas may be required. Where logs have been
decked on the downhill or fill side of a road, the Service Contractor may be required to
pile residue with a log loader or by hand. Residue piles shall be a minimum of 15 feet
away from any live trees. Piles shall be located and constructed as directed by the
Forest Officer.
6. Systematic Harvest Unit Operations: When harvest operations are begun on a
designated harvest unit, the harvest operations on that unit shall be fully completed
before cutting may begin on other harvest units.
7. Acceptance of Completed Harvest Units: The Forest Officer will notify the Service
Contractor when all Service Contract requirements for each specified harvest unit or
area have been met. After this notice has been received, the Service Contractor is not
required to do additional work on the specified area except as provided in Section
VII.A.4. FIRE KILL, INSECT INFESTATION, AND WIND THROWN.
N. HAULING RESTRICTIONS: The Service Contractor will be required to restrict or suspend
hauling during periods when the compacted road surface would be damaged, as directed by
the Forest Officer. Restrictions are required when hauling would cause rutting into the
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
33
subgrade, or surfacing materials would be displaced, such as during heavy rainfall or spring
breakup freezing and thawing cycles.
O. HAUL ROUTES: The Service Contractor shall limit its haul routes for logging trucks and
heavy equipment to those designated and depicted on Attachment F. Truck engine breaks
shall not be used within Bozeman City Limits.
P. LOGGING OPERATIONS SAFETY SIGNS: Road signs warning of logging and road
construction operations shall be posted 500 feet from the operations. When log hauling is
in progress, warning signs shall be posted at major road junctions as directed by the Forest
Officer. Warning signs must comply with specifications in the Manual on Uniform Traffic
Control Devices.
Q. HELICOPTER LOGGING REQUIRED: Helicopter yarding of all material is required. Ground‐
based logging equipment is not permitted except for landing construction and the sorting
and loading of logs at landings.
1. Helicopter landing location and construction: All helispots, heliports, support areas, and
other helicopter landing areas shall be located and constructed only as approved by the
Forest Officer. Landing/decking and refueling locations are indicated on Attachment A.
a. Landings will be considered by Forest Officer for approval under the following
conditions:
i. The location and extent of landing areas are flagged on the ground. The extent
or limits shall include the total area of excavation and fill, if any.
ii. The clearing outside the constructed landing area needed for takeoffs and
landings are flagged or otherwise designated.
iii. Plans are made to dispose of clearing and landing construction slash and debris.
b. Landing areas shall be constructed and rock surfaced, if necessary, in such a manner
that helicopters, log‐handling equipment, and service or support equipment are fully
supported during the designated operating period.
c. The Service Contractor shall construct helicopter service landings in locations
generally indicated on Attachment A and specifically approved by the Forest Officer.
Where oil or oil products storage exceeds 1,320 gallons or any single container
exceeds a capacity of 660 gallons, a Spill Prevention Control and Counter Measures
(SPCC) Plan meeting applicable EPA requirements (40 CFR 112), shall be provided. A
copy of the plan shall be furnished to the Forest Officer.
2. Flight Restrictions. The Service Contractor’s flight paths during yarding and refueling
operations shall follow restrictions contained in Section VII.G.
HELICOPTER TIMBER SERVICE CONTRACT – Phase 2 Sourdough Fuels Reduction
34
R. SNOW PLOWING. Snow plowing shall not occur on Sourdough Canyon Trail unless so
allowed by the Forest Officer. Snow plowing may occur on the Liebmann Access Road and
Spur Road, but the Service Contractor shall first coordinate the plowing operation with the
Forest Officer.
S. GATES: The Service Contractor shall close and lock all gates to the gross Service Contract
area at the end of daily work operations. The Sourdough Canyon Trail gate shall remain
closed at all times except to allow passage of vehicles, haul trucks, fuel tankers, and other
equipment.
VIII. EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Service Contract the day and year
first above written
(SERVICE CONTRACTOR) (SEAL & ATTEST)
By
CITY OF BOZEMAN (SEAL & ATTEST)
By
(City Manager)
APPROVED AS TO FORM:
(City Attorney)
1
2
16 3
17
1918
21
20
22
24
25
4
5
6
7
10
9
13 14
11
15
12
23 8
05
24
08
01
18
06
19 20
12
13 17
07 SOURDOUGH CANYON RDNASH RD
Liebmann Property
Liebmann Existing Road
Spur Road
USFS System Trails
PublicLands
City Government
US Forest Service
Sourdough Fuels Treatment Areas
Helicopter Unit
Nash Rd
Sourdough Canyon RdSourdough RdS 3rd RdAttachment A
Helicopter Timber Contract Map
Phase 2 Sourdough Fuels Reduction
0 1,000 2,000500Feet
¯
Lower Landing/Decking &
Refueling Site
Upper Landing/Decking &
Refueling Site
Attachment B – Road Construction and Maintenance Specifications
1
ROAD MAINTENANCE SPECIFICATIONS
I. CONSTRUCTION REQUIREMENTS
A. ROADS: The Contractor is required to construct and/or maintain the roads shown in Table B‐1 to the
specifications of this Attachment B and applicable contract provisions.
TABLE B-1. ROAD REQUIREMENTS
Road Name or
Number
Approximate
Length
Type of
Construction
Operation
Period
Completion
Date or Requirement
Liebmann Existing
Road
1.5 miles Maintenance Beginning of Operating
period through January
31, 2022
After harvest
Spur Road 0.5 miles Maintenance Beginning of Operating
Period through January
31, 2022
After harvest
Sourdough Canyon
Trail
0.6 miles Maintenance Beginning of Operating
Period through January
31, 2021
After harvest
Sourdough Canyon
Road
0.5 miles Maintenance Beginning of Operating
Period through January
31, 2021
After harvest
ROAD CONSTRUCTION MATERIALS ESTIMATE:
TABLE B-2: MATERIALS FURNISHED AND INSTALLED BY THE PURCHASER:
The Purchaser is required to furnish the described material and install as required in this Attachment B.
Quantities are estimated, and the Attachment B requirements and specifications must be met regardless of
the estimated amounts. All materials furnished by the Purchaser become the property of the City when
installed.
Drainage Pipe Other
No. Diameter Length Material Amount Description
1 6” Min. 20’ Sch 80 PVC or
Cl 51 DIP
5 CY 12” d50 Angular Rock Fill. Source from readily
available locations in the Service Contract area
along Sourdough Canyon Trail. Rock shall not be
borrowed from the creek bed or banks.
2 6” Min. 22’ Sch 80 PVC or
Cl 51 DIP
3 CY 1” minus washed gravel backfill material
3 6” Min. 16’ Sch 80 PVC or
Cl 51 DIP
1CY 1” minus road mix.
Attachment B – Road Construction and Maintenance Specifications
2
II. RIGHT‐OF‐WAY CLEARING
A. CLEAR LIMIT MARKING:
1. Any needed clearing of existing roads shall meet the requirements of Section II.C.
B. CLEARING REQUIREMENTS:
1. Brush or trees on existing roads may only be removed upon approval of the Forest Officer and only by
methods approved by the Forest Officer.
2. Clearing procedures shall protect residual stands, prevent incorporation of construction slash into the
road prism, and protect roadside appearance outside clear limits.
III. TREATMENT OF RIGHT‐OF‐WAY CLEARING MATERIALS
A. GENERAL TREATMENT REQUIREMENTS:
1. Slash and debris shall not be placed in drainages, roadside ditches or heads of culverts where the flow
of water may be obstructed and shall be removed if placed therein.
2. Lopping and scattering is defined as delimbing and sawing slash materials into lengths which will easily
scatter to a maximum depth of 18 inches. Materials shall be scattered outside the road prism.
3. All slash to be disposed of by piling and burning shall be piled in burn bays and burned by the City at
locations approved by the Forest Officer. Construction of piles will be of such size and at a sufficient
distance from trees so that burning does not result in unnecessary damage to remaining trees.
B. SIDESLOPES OF 35% OR LESS AND EXISTING ROADS:
1. Disposal will be by hand or machine piling for burning as directed by the Forest Officer.
2. Minor concentrations of slash or individual trees may be disposed of outside of the road prism by
lopping and scattering as directed by the Forest Officer.
3. Tree stumps, large boulders and cull logs may be scattered outside the road right‐of‐way clear limits if
approved by the Forest Officer. Scattered stumps and boulders shall be placed away from trees and
positioned so they will not roll.
C. SIDESLOPES OF 35% AND GREATER:
1. Treatment will be by excavator only, or by whole tree skidding to a decking area.
2. Where topography and timber types permit, piling for burning will be required as directed by the
Forest Officer.
3. Where piling is not practical, treatment will be by windrowing at the toe of the fill. Slash will be
windrowed on a trail constructed at the bottom of the right‐of‐way. Slash will be trampled and
covered with organic surface material taken from the road prism as directed by the Forest Officer. Fill
material may butt up against but not cover or bury the windrow.
4. Minor concentrations of slash or individual trees may be disposed of by lopping and scattering as
directed by the Forest Officer.
5. Tree stumps, large boulders and cull logs may be scattered outside the road right‐of‐way clear limits if
approved by the Forest Officer. Scattered stumps and boulders shall be placed away from trees and
positioned so they will not roll.
Attachment B – Road Construction and Maintenance Specifications
3
IV. DRAINAGE STRUCTURES
A. Drainage pipe will be 6” min. diameter Schedule 80 PVC or Class 51 Ductile Iron Pipe. Pipe required in
Table B‐2 will be installed as follows:
1. All pipes shall be installed with a backhoe or excavator. The exact locations shall be determined and
approved by the Forest Officer after the right‐of‐way is brushed and cleared.
2. The excavation trench for culvert installation shall not be wider than necessary to permit satisfactory
jointing and thorough tamping of the bedding material under and around the pipe.
3. The bedding surface shall be constructed to provide a firm foundation of uniform density through the
entire length of the culvert and shall be slightly cambered along the centerline to correct for expected
settlement.
4. Where the bedding surface is not firm at the grade established, all unstable soil under the pipe and for
a width of at least one diameter on each side of the pipe shall be removed and replaced with suitable
selected material. Rock encountered in the bedding foundation will be removed to at least 12 inches
below the bottom of the pipe and one diameter on each side. The final bedding area shall consist of
fine, compacted granular material.
5. Selected native fill material will be free from rocks and hard earth clods larger than 3 inches in size.
Frozen material, sod or a high percentage of organic matter is not permitted.
6. The remainder of the fill above the top of the pipe may be compacted by tractor or rubber‐tired roller.
Fill is to extend above each pipe at least one‐half the pipe diameter or a minimum of 6 inches,
whichever is greater.
7. The pipe shall be protected by adequate fill cover before heavy equipment is permitted to cross during
roadway construction.
8. Pipe that is damaged or improperly installed shall be repaired or replaced at Service Contractor
expense as directed by the Forest Officer.
V. ROAD MAINTENANCE
A. ROAD MAINTENANCE SCHEDULE AND REQUIREMENTS:
1. Road maintenance may be required on all native material or gravel roads and trails designated for
hauling purposes.
2. Road maintenance is defined to include all operations listed under Section IV. of this Attachment B.
3. Initial maintenance of the Existing Liebmann Road, Spur Road, and Sourdough Canyon Trail may be
required prior to use for logging and hauling as directed by the Forest Officer.
4. The Forest Officer will determine the number, type, extent and frequency of intermediate
maintenance operations. Road maintenance shall be repeated as needed to facilitate traffic and
proper road drainage. The Contractor will be advised of the time limitations to complete each
maintenance project.
5. Final maintenance of the road system is required after all logging and hauling and prior to termination
of the Timber Sale Contract.
B. SURFACE BLADING:
Attachment B – Road Construction and Maintenance Specifications
4
1. Description: Surface blading is keeping a native or aggregate roadbed in a condition to facilitate traffic
and provide proper drainage. It includes maintaining the crown or slope, shoulder, drainage dips,
leadoff ditches, berms and turnouts, and provides a level of smoothness appropriate for the amount
and kind of traffic served and consistent with existing surfacing.
2. Specifications:
a. The existing roadbeds, including turnouts, shall be bladed and shaped to reasonably conform to
the designed cross section, and to eliminate ruts. Existing aggregate surfacing shall be bladed to
conserve material and to prevent segregation of particle sizes. Rocks or other material remaining
on the traveled way surface after final blading which are 4 inches or larger in size shall be removed
from the road surface.
b. Roadside cutslopes should not be undercut when cleaning ditches or removing road sloughs.
Berms shall be removed from road shoulders when blading, except where berms are located as
part of road design.
c. Cutslopes that have been undercut may require backsloping, seeding and fertilizing.
d. At intersections, the roadbeds at side roads shall be graded for a reasonable distance to assure
proper blending of the two riding surfaces.
e. Drainage dips and leadoff ditches shall be cleaned and graded to form their previous line and
grade.
f. Crowned roads should slope towards shoulders at least 2‐5% (1/4‐1/2 inch per foot road width) on
native and gravel roads.
g. At intersections where side roads enter the main road and the entering side road exceeds +3%,
shallow ditching across the side road may be required to divert surface runoff and protect the
main road's stability.
h. The side‐casting of road material into a stream, lake, wetland, or other body of water during road
maintenance operations is prohibited.
C. DITCH CLEANING:
1. Description: Ditch cleaning is removing and disposing of all foreign and slough material from roadside
ditches to provide an unobstructed waterway conforming reasonably to previous line, grade and cross
section.
2. Specifications:
a. Slough material removed from the ditch may be blended into existing native road surface or
shoulder only if it is the same material as the road surface. Slough material that is not suitable for
blending should be disposed of as directed by the Forest Officer.
b. Live vegetation and other organic material shall be removed and disposed of as directed by the
Forest Officer.
c. Unstable stumps, rocks, leaning trees or other debris shall be removed from the cutslope as
directed by the Forest Officer
D. CULVERT MAINTENANCE:
1. Description: Maintenance is work performed on inlets, outlets, catch basins, related channels, existing
riprap, trash racks and any other facilities related to the drainage structure.
Attachment B – Road Construction and Maintenance Specifications
5
2. Specifications: Catch basins, outlets and energy dissipaters shall be kept functioning and cleaned of
debris. Ends of culverts shall be kept straight and undamaged. Any washing alongside or underneath
the culvert shall be repaired.
E. ROADSIDE VEGETATION MAINTENANCE:
1. Description: Maintenance of roadside vegetation includes removal of brush, tree growth, deadfall or
other obstructions to passage, safety or visibility, as such obstructions are present or develop during
the contract period.
2. Specifications:
a. All trees that have fallen across the road shall be removed from the road prism unless otherwise
agreed upon. Merchantable timber, if any, shall be cut in appropriate lengths and decked along
the roadside in locations where traveled way width or sight distances will not be impaired.
b. Brush and seedling trees that encroach upon the original road clear limits shall be removed when
they reduce safe sight distances. Low shrubs and brush that do not restrict sight distance but
provide cover and reduce erosion shall not be removed. Brush and seedling trees removed shall be
disposed of as directed by the Forest Officer.
F. SNOWPLOWING: Snowplowing on Sourdough Canyon Trail is prohibited unless otherwise allowed by the
Forest Officer. For winter hauling, the Contractor will be required to plow snow to the following guidelines
on the Liebmann Existing Road and Spur Road.
1. Snow should be windrowed beyond the fill shoulder line.
2. To protect the road surface, a 1 to 4‐inch cushion of snow may be left on the road.
3. At termination of use, the road will be prepared for spring runoff by opening drainage outlets through
the plowed berms and by installing a snow‐berm road closure.
4. Tracked equipment will not be used to plow snow without prior written approval from the Forest
Officer.
5. The side‐casting of road material into a stream, lake, wetland, or other body of water during snow
plowing operations is prohibited.
Attachment B – Road Construction and Maintenance Specifications
6
VI. ROAD LOG AND SITE DESCRIPTIONS
Liebmann Existing Road
0+00 starts at the intersection with Nash Road, approximately 1.3 miles east of the
intersection of Nash Road and South 19th Avenue. This road is approximately 2.0 miles in
length. This road may require intermediate and final maintenance blading as directed by
Forest Officer. Snow playing may be required.
Station Work Description
0+00 Start maintenance blading at Nash Road
103+00 End maintenance blading at junction with Spur Road
Spur Road
0+00 starts at the switchback at Station 103+00 of the Liebmann Existing Road. This road is
approximately 0.55 miles in length. This road may require intermediate and final maintenance
blading as directed by Forest Officer. Snow plowing may be required.
Station Work Description
0+00 Start maintenance blading at switchback
29+00 End maintenance blading at turnaround
Sourdough Canyon Trail
0+00 starts at the Sourdough Canyon Trailhead gate at the end of Sourdough Canyon Road.
This road is approximately 0.6 miles in length. This road may require intermediate and final
maintenance blading as directed by Forest Officer. Snowplowing is prohibited unless specifically
allowed by the Forest Officer.
Pre-haul maintenance is required. Stream permits have been obtained by the City for
implementation of pre-haul maintenance activities consisting of placement of angular rock fill at
four specified locations where Sourdough Canyon Trail is immediately adjacent to Sourdough
Creek. Pre-haul maintenance also includes installation of three small culverts. Stream permits
for these pre-haul maintenance items are located in Appendix 1 to this Attachment B. The full
public closure of Sourdough Canyon Trail shall be in place before beginning pre-haul
maintenance activities.
The Service Contractor shall obtain a Utility/ROW Work Permit from the Gallatin County Road
and Bridge Department prior to initiating pre-haul maintenance work on the Sourdough Canyon
Trail. The permit form is located in Appendix 2 to this Attachment B.
Station Work Description
0+00 Start maintenance blading at Sourdough Canyon Trailhead gate
13+15 Install drainage pipe no. 1 at spring seep site 3
15+50 Install drainage pipe no. 2 at spring seep site 2
23+75 Install 12” d50 angular rock fill, 1” washed rock backfill, and 1” road mix at rock fill site 1
24+90 Install 12” d50 angular rock fill, 1” washed rock backfill, and 1” road mix at rock fill site 2
25+20 Install 12” d50 angular rock fill, 1” washed rock backfill, and 1” road mix at rock fill site 3
25+30 Install 12” d50 angular rock fill, 1” washed rock backfill, and 1” road mix at rock fill site 4
30+60 Install drainage pipe no. 3 at spring seep site 1
33+00 End maintenance blading at lower landing/decking and refueling site
Sourdough Canyon Road
0+00 starts at the end of paved Sourdough Canyon Road section. This road is approximately
0.5 miles in length. This road may require intermediate and final maintenance blading as
directed by the Forest Officer.
Station Work Description
0+00 Start maintenance blading at end of paved Sourdough Canyon Road section
27+00 End maintenance blading at Sourdough Canyon Trailhead gate
Attachment B – Road Construction and Maintenance Specifications
7
APPENDIX 1 – Stream Permits
Angular Rock Fill – Work Description
‐ Source rock from readily available locations in the project area. Selected and placed rock shall
have a d50 of 12”.
‐ Finished surface of rock fill shall generally match embankment toe and existing contours on
either side of fill.
‐ Limit disturbance of existing vegetation to the extent practicable.
‐ Backfill voids between placed rock with washed 1” minus gravel.
‐ Rock fill areas shall match existing trail/road surface elevation and be have a finished surface of
compacted 1” minus roadmix.
PHOTO 1 – Overview picture of areas needing angular rock fill
ROCK FILL – SITE 1 PHOTOS: 1 LF of Streambank x 3’ of Bank Slope. ½ cu yd
Lat: 45.5857467 N
Long: 111.0237796 W
ROCK FILL – SITE 2 PHOTOS: 1.5’ LF of Streambank x 3’ of Bank Slope. ½ cu yd
Lat: 45.5855242 N
Long: 111.0236823 W
ROCK FILL – SITE 3 PHOTOS: 3 LF of Streambank x 4’ of Bank of Slope. 1 cu yd
Lat: 45.5854500 N
Long: 111.0236513 W
ROCK FILL – SITE 4 PHOTOS: 8 LF of Streambank x 4’ of Bank Slope. 2 ‐ 3 cu yd
Lat: 45.5854019 N
Long: 111.0236339 W
Drainage Improvements at Spring Seeps – Work Description
‐ Install 6” dia SCH 80 PVC or ductile iron pipe.
‐ Place pipe inlet at the low point of the inside ditch ponding. Trench perpendicularly across
road/trail. Lay pipe at a minimum 2% slope. Provide minimum 6” of cover over top of buried
pipe.
‐ Cut pipe to protrude no further than 4” from finished embankment. Place rock under pipe
outlet to prevent scour.
‐ Grade ditch as needed to drain to pipe inlet.
Spring Seep – SITE 1
Lat: 45.5842697 N
Long: 111.0226724 W
Spring Seep – SITE 2
Lat: 45.5879255 N
Long: 111.0246733 W
Spring Seep – SITE 3
Lat: 45.5883624 N
Long: 111.0247578 W
F2021-016 City of Bozeman Floodplain Permit 1
BEFORE THE GALLATIN COUNTY FLOODPLAIN ADMINISTRATOR
GALLATIN COUNTY, MONTANA
FINDINGS OF FACT AND ORDER:
IN THE MATTER OF THE APPLICATION
OF THE CITY OF BOZEMAN FOR A
FLOODPLAIN DEVELOPMENT PERMIT
TO PERFORM WORK WITHIN THE
REGULATORY FLOODPLAIN OF
BOZEMANCREEK
I. FINDINGS OF FACT
A. Section 76-5-101, et seq., MCA, establishes the minimum requirements for county floodplain management
regulations.
B. The Gallatin County Floodplain Hazard Management Regulations (“Regulations”) with an effective date of
April 21, 2021 (Ordinance #2021-001).
C. The purpose of the Regulations is:
To promote public health, safety and general welfare of the residents and minimize public and private
losses due to flood conditions in Regulated Flood Hazard Areas. These Regulations are intended to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
4. Minimize prolonged business and public service interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and
sewer lines, streets and bridges;
6. Help maintain a stable tax base by providing for the sound use and Development of flood-prone areas
in such a manner as to minimize future flood disruptions; and
7. Ensure compliance with the minimum standards for the continued participation in the National Flood
Insurance Program for the benefit of the residents of Gallatin County.
D. Intent of Review: The purpose of the floodplain permit application is to review required plans and
information, to determine if the project as proposed meets the purpose and requirements of the Regulations.
A permit will be granted or denied by the Floodplain Administrator on the basis of whether the proposed
establishment, alteration or substantial improvement of an artificial obstruction or non-conforming use meets
the requirements of the Regulations.
E. Description of Proposed Project: On May 27, 2021, the City of Bozeman submitted an application for a
floodplain development permit to conduct work within regulatory floodplain of Bozeman Creek on City-
owned property. The proposed project consists of maintenance to Sourdough Canyon Trail including spot
filling in four locations adjacent to the Creek using angular rock and drainage improvements at three locations.
Materials estimates for the project include four cubic yards of angular rock, one cubic yard of road base mix,
F2021-016 City of Bozeman Floodplain Permit 2
and three six-inch diameter drain pipes. The application was certified by Brian Heaston, P.E., with the City
of Bozeman Engineering Division.
F. Record: The Floodplain Administrator’s decision is based on the following information:
1. The application for a floodplain development permit received from the Applicant’s Representative on
May 27, 2021, consisting of: cover letter from Brian Heaston, P.E. (1 page), Gallatin County Floodplain
Permit Application Form (4 pages), Joint Application Form (5 pages); maps (2 pages), work description
with existing conditions photographs (7 pages), and Certification of Property Owners List (2 pages);
2. Copies of permit approvals from other regulatory agencies submitted on July 26 and 27, 2021, consisting
of 124 permit, 318 authorization, 404 permit, and 401 certifications; and
3. The Gallatin County Floodplain Hazard Management Regulations effective April 21, 2021 (Ordinance
2021-001).
G. Location of Proposed Project: The project site described as the first one-half mile of Sourdough Canyon
Trail past the trailhead gate, in the East One-Half (E½) the Southeast One-Quarter (SE¼) of Section 7,
Township Three South (T03S), Range Six East (R06E), P.M.M., Gallatin County, MT
H. Applicability of Gallatin County Floodplain Regulations to Proposed Project: The proposed project is
located within the Regulated Flood Hazard Area according to Section 3.1 of the Regulations. The project
location is within a Zone A floodplain (without Base Flood Elevations or a Floodway) according to FEMA
Flood Insurance Rate Map panel #30031C0935D, part of the FEMA Flood Insurance Study, Gallatin County,
Montana, April 21, 2021.
I Legal Notice, Public Comments, and Review Period: The Floodplain Administrator published a legal
notice in the Bozeman Daily Chronicle on June 6 and 13, 2021, describing the proposed project, and notified
adjacent landowners of the application via first-class mail. The Floodplain Administrator did not receive any
written comments regarding the proposed project.
J. Compliance with Gallatin County Floodplain Regulations: Based on the information contained in the
application, and as explained below, and subject to the conditions of approval, the Floodplain Administrator
finds the proposed project to comply with the requirements of the Floodplain Regulations. In addition, the
Applicant’s Representative, Brian Heaston, P.E., has certified the project as being compliant with the
applicable requirements and standards of the Gallatin County Floodplain Regulations.
Section 6.2.1: Section 6.2.1 of the Regulations requires all projects be designed and constructed to ensure
they do not adversely affect the flood hazard on other properties and are reasonably safe from flooding.
Floodplain Administrator response: The proposed project is located within the Regulated Flood
Hazard Area with no Floodway and is being reviewed accordingly. The Applicant’s Representative
has performed a qualitative analysis and certified the project as not increase the Base Flood Elevation
more than 0.5 feet.
Section 6.2.3: Section 6.2.3 of the Regulations limits clearing of riparian vegetation within 50 feet of the
mean annual high water mark to the minimum necessary to conduct the proposed project. No large-scale
clearing of riparian vegetation within 50 feet of the mean annual high water mark shall be allowed.
Floodplain Administrator response: The proposed project does not include the large-scale clearing of
riparian vegetation.
Section 6.5: Limited filling for transportation-related embankments not associated with stream crossings
may be permitted provided, in addition to the requirements of Section 6.2, that: (1) the fill is Suitable
F2021-016 City of Bozeman Floodplain Permit 3
Fill; (2) Reasonable alternate transportation routes outside the Floodway are not available; and (3) the
Encroachment is located as far from the stream Channel as possible.
Applicant’s Response: The Applicant’s Representative states: “The proposed angular rock will be
placed such that the toe and face of the finished rock surface generally matches the embankment
contours on either side of the fill. This method preserves the cross-sectional area of the channel and
does not create a substantial reduction in hydraulic capacity that would cause a rise greater than 0.5
feet in Base Flood Elevation. The project is largely characterized by its natural condition and is absent
any existing structures, buildings, or other constructed features that may be appreciably impacted by
flood waters.”
Floodplain Administrator response: The application of the standards of Section 6.5 are modified due
to the location of the project in a Regulated Flood Hazard Area with no Floodway or Base Flood
Elevations, wherein according to Section 7.2.10, up to 0.5 foot increase in the Base Flood Elevation
may be permitted. In response to the specific criteria of Section 6.5, the proposed angular rock is
Suitable Fill, and similarly, so is the road mix that will be used to patch the road/trail after the drain
pipes are installed. The well-established Sourdough Canyon Trail runs through a narrow canyon
adjacent to Bozeman/Sourdough Creek. Locations outside the Regulated Flood Hazard Area are not
available, and the proposed project will occur along the existing alignment of the trail/road in
preparation for conducting a fuels reduction project in the fall of 2021.
Section 7.1: Section 7.1 of the Regulations states that all uses allowed by permit in the floodway shall
also be allowed by permit in the Regulated Flood Hazard Area with no Floodway. Such uses area subject
to the encroachment limits of Section 7.2.10 instead of the Section 6.2.2.
Floodplain Administrator response: The proposed project is located within the Regulated Flood
Hazard Area with no Floodway and is being reviewed accordingly.
Section 7.2: Section 7.2 of the Regulations is applicable to the proposed project. Of specific relevance
are, Section 7.2.5, a requirement that artificial obstructions are not prohibited by any other statute,
regulation, ordinance, or resolution and must be compatible with applicable land use regulations; that the
application be accompanied by a written certification by a registered professional engineer; and that an
Encroachment Analysis be provided.
Floodplain Administrator response: The Applicant’s Representative has submitted copies of relevant
approvals from other regulatory agencies. Based on such documentation, the project does not appear
to be prohibited by any other statute, regulation, ordinance, or resolution.
K. Additional Factors for Consideration: Section 10.3.4 of the Regulations requires an application for a
Floodplain Permit to demonstrate the following factors are considered and incorporated into the design of the
use or Artificial Obstruction:
a. The danger to life and property due to increased flood heights, increased floodwater velocities or
alterations in the pattern of flood flow caused by encroachments. The application states: “Flood heights,
velocities, and patterns of flow will not be substantially altered by the proposed work. The project area is
largely characterized by its natural condition and is absent any existing structures, buildings, or other
constructed features.”
Floodplain Administrator Comments: Based on the information contained in the application materials,
the project is not anticipated to exacerbate flood hazards.
F2021-016 City of Bozeman Floodplain Permit 4
b. The danger that the obstruction or use may be swept downstream or onto other lands to the injury of
others. The application states: “Angular rock fill (12” d50) placed will be borrowed from readily available
rock in the project area. This rock size is anticipated to withstand flood sheer forces as it is the size
prevalent in the road/trail embankment where the embankment serves as the streambank.”
c. Whether the obstruction or use could be constructed or altered in such a manner to lessen the flooding
danger. The application states: “The proposed rock fill will be placed to generally match the existing
embankment contours at the fill locations. Outlets of drainage pipes will not protrude significantly from
the road embankment and are generally resilient to flood damage.”
Floodplain Administrator Comments: The proposed project is not expected to have an adverse impact
on flood danger. The proposed project is designed to be minimally intrusive.
d. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage
on the individual owner. The applications states: “Materials proposed to be used for the project are not
susceptible to flood damage. Outlets of drainage pipes will not protrude significantly from the road
embankment and are generally resilient to flood damage.”
e. The importance of the services provided by the facility to the community. The application states: “Pre-
haul maintenance activities authorized under this floodplain development permit are necessary to support
implementation of the Sourdough Fuels Reduction Project. The fuels project aims to reduce wildfire risks
to critical municipal drinking water infrastructure.”
Floodplain Administrator Comments: The project is important to the community for multiple reasons.
First, the trail/road is among the most heavily used recreational trails in Gallatin County, and although
the proposed project is small, it will make this trail/road more resilient to flood hazards. Second, under
normal circumstances vehicular traffic on the road/trail is minimal; however, it is important to
maintain the integrity of road for emergency access. Lastly, the project is being proposed at this time
to facilitate use of the road for the Sourdough Fuels Reduction Project, which is intended to minimize
wildfire risks in the watershed that acts as Bozeman’s water supply.
f. The permanence of the obstruction or use and whether it will be reasonably safe from flooding. The
applications states: “Rock fill placed is of a permanent nature and is safe from flooding damage.”
g. The drainage at the site is adequate to reduce exposure to flood hazards. The application states: “The
project site is generally characterized by its natural condition. Drainage improvements to the three spring
seep locations will improve minor drainage issues present at the site.”
h. The requirement of the facility for a water-front location. The application states: “Unavoidable. The
existing road/trail embankment is immediately adjacent to the creek.”
i. The availability of alternative locations for the proposed use not subject to flooding. The application
states: “Alternate project locations are not available.”
j. The compatibility of the proposed use with existing development and anticipated development in the
foreseeable future. The application states: “The natural condition of the project site will remain.
Development is not anticipated.”
Floodplain Administrator Comments: The proposed project plays a small part in the larger picture
of protecting Bozeman’s watershed – a benefit to both existing and proposed development. The fuels
reduction project that this project will help facilitate is intended to reduce wildfire risk, and it is
important to recognize the increased risk of flooding in burned areas.
F2021-016 City of Bozeman Floodplain Permit 5
k. The compliance of the proposed use with any adopted growth policy or other plans covering the project
area and any applicable zoning regulations. The application states: “The project site is not located within
a County zoning district.”
Floodplain Administrator Comments: The Gallatin Growth Policy states “Restrict development in
flood hazard areas to protect property and life from flooding.” The proposed project is being reviewed
pursuant to the Floodplain Regulations, consistent with the stated goal of the Growth Policy. By
helping facilitate access for the Sourdough Fuels Reduction Project, the project is also consistent with
other goals of the Growth Policy related to protection of water quality.
l. The safety of access to the property in times of flooding for ordinary and emergency services. The
application states: “The project improves safety and access for vehicular use of the trail/road.”
m. Such other factors as are in harmony with the purposes of these Regulations, the Montana Floodplain and
Floodway Management Act and the National Flood Insurance Program. The application states: “None.”
II. ORDER
Based on the record, the Floodplain Administrator finds and orders as follows:
A) Since the requested use as described below is a permitted use, is in conformance with the provisions of the
Floodplain Regulations, and will be able to meet applicable construction standards and performance criteria
of the Gallatin County Floodplain Regulations, it is hereby ordered that the floodplain permit for the City of
Bozeman is approved subject to the conditions listed below. Said permit shall be valid for one calendar year
from the date of approval.
1. This approval allows the following activities, subject to the conditions of approval described below:
a. Allow work on Sourdough Canyon Trail including spot filling in four locations adjacent to the Creek
using angular rock and drainage improvements at three locations to be carried out as described in the
floodplain permit application submitted on May 27, 2021 using angular rock, road base mix, and drain
pipes.
B) This permit is conditioned upon the following:
1. Within 30 days of floodplain permit approval, the applicant shall record the Notice of Decision prepared
by the Gallatin County Floodplain Administrator in the office of the Gallatin County Clerk and Recorder.
2. Said permit shall become null and void if conditions are not appropriately satisfied, or if work is done
beyond the size or scope authorized herein.
3. This permit shall be valid, until July 28, 2022. Prior to the expiration date of the permit, the applicant
may request an extension to the term of the permit. Such request shall be made in writing and accompanied
by the appropriate review fee.
4. Development of the project shall comply with all applicable local, state, and federal rules and regulations,
including but not limited to permitting requirements.
5. Development of the project shall comply with all applicable standards detailed in the Gallatin County
Floodplain Regulations; including but not limited to specifications outlined above related to sections 6
and 7 of the Regulations.
6. Upon completion of the project, all excess material shall be removed from the regulatory floodplain.
F2021-016 City of Bozeman Floodplain Permit 6
7. During development of the project, building materials, equipment, and material stockpiles shall be stored
and maintained as far away as practicable from stream bank locations and accepted best management
practices for erosion control shall be implemented.
8. All disturbed areas shall be reseeded and otherwise controlled for noxious weeds.
Post-Project Conditions
9. Applicant shall notify the Floodplain Administrator within thirty days after completion of the project to
provide an opportunity to schedule an on-site inspection.
10. Within thirty days of completion of the project, the applicant shall submit a Floodplain Permit Compliance
Report, along with photographic documentation and a written certification from a professional engineer
to demonstrate that the project has been accomplished in accordance with the Gallatin County Floodplain
Regulations, and in accordance with the design plans submitted with the application for the permit activity.
APPEALS OF DECISIONS MADE BY THE FLOODPLAIN ADMINISTRATOR
The requirements for appeals are described in Section 13.2 of the Gallatin County Floodplain Regulations. In
summary, appeals of any decision made by the Floodplain Administrator may be appealed to the Gallatin County
Commission by filling a notice of appeal no more than 30 days after the date of the decision and following the
specific requirements of Section 13.2 of the Floodplain Regulations.
DATED THIS 28th DAY OF July, 2021.
Sean O’Callaghan, CFM
Gallatin County Floodplain Administrator
cc: Traci Sears, DNRC
F:\Development Review\Projects\Floodplain\F2021-023 Sourdough Canyon Trail\City of Bozeman.fof.docx
Gallatin County
Department of Planning & Community Development • 311 W. Main, Rm. 108 • Bozeman, MT 59715
Phone (406) 582-3130 • Fax (406) 582-3135 • planning@gallatin.mt.gov
July 28, 2021
Brian Heaston, P.E. City of Bozeman
P.O. Box 1230 Bozeman, MT 59771
Emailed to: bheaston@bozeman.net
Re: Floodplain Permit No. 2020-023
Dear Mr. Heaston:
Please review the attached floodplain permit for your project on the Sourdough Canyon Trail. The floodplain permit is valid until July 28, 2022, and includes conditions of approval that you must document compliance with upon completion of the project. Please feel free to contact me at (406) 582-3130 or sean.ocallaghan@gallatin.mt.gov with
any questions.
Sincerely,
Sean O’Callaghan, CFM Floodplain Administrator
F:\Development Review\Projects\Floodplain\F2021-023 Sourdough Canyon Trail\F2021-023_approval.ltr.docx
Effective 19 March 2017
Nationwide Permit 13
Bank Stabilization
Bank stabilization activities necessary for erosion control or prevention, such as
vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream
barbs, and bulkheads, or combinations of bank stabilization techniques, provided the
activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection;
(b) The activity is no more than 500 feet in length along the bank, unless the district
engineer waives this criterion by making a written determination concluding that the
discharge will result in no more than minimal adverse environmental effects (an exception is for bulkheads—the district engineer cannot issue a waiver for a bulkhead
that is greater than 1,000 feet in length along the bank);
(c) The activity will not exceed an average of one cubic yard per running foot, as
measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by
making a written determination concluding that the discharge will result in no more than
minimal adverse environmental effects;
(d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written
determination concluding that the discharge will result in no more than minimal adverse
environmental effects;
(e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States;
(f) No material is placed in a manner that will be eroded by normal or expected high
flows (properly anchored native trees and treetops may be used in low energy areas);
(g) Native plants appropriate for current site conditions, including salinity, must be used
for bioengineering or vegetative bank stabilization;
(h) The activity is not a stream channelization activity; and (i) The activity must be properly maintained, which may require repairing it after severe
storms or erosion events. This NWP authorizes those maintenance and repair activities
if they require authorization.
This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the bank stabilization activity. Appropriate
measures must be taken to maintain normal downstream flows and minimize flooding to
the maximum extent practicable, when temporary structures, work, and discharges,
Effective 19 March 2017
including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.
Temporary fills must consist of materials, and be placed in a manner, that will not be
eroded by expected high flows. After construction, temporary fills must be removed in
their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if the bank stabilization activity: (1) Involves
discharges into special aquatic sites; or (1) is in excess of 500 feet in length; or (2) will involve the discharge of greater than an average of one cubic yard per running foot as measured along the length of the treated bank, below the plane of the ordinary high
water mark or the high tide line. (See general condition 32.)
(Authorities: Sections 10 and 404) Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions
have been imposed on an NWP. Prospective permittees should also contact the
appropriate Corps district office to determine the status of Clean Water Act Section 401
water quality certification and/ or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one
or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1
through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating
to the modification, suspension, or revocation of any NWP authorization. 1. Navigation.
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
Effective 19 March 2017
2. Aquatic Life Movements.
No activity may substantially disrupt the necessary life cycle movements of those
species of aquatic life indigenous to the waterbody, including those species that
normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to
sustain the movement of those aquatic species. If a bottomless culvert cannot be used,
then the crossing should be designed and constructed to minimize adverse effects to
aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum
extent practicable. Activities that result in the physical destruction (e.g., through
excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized. 4. Migratory Bird Breeding Areas.
Activities in waters of the United States that serve as breeding areas for migratory birds
must be avoided to the maximum extent practicable. 5. Shellfish Beds.
No activity may occur in areas of concentrated shellfish populations, unless the activity
is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material.
No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes.
No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or
adjacent bank stabilization.
8. Adverse Effects from Impoundments.
Effective 19 March 2017
If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized
to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity,
and location of open waters must be maintained for each activity, including stream
channelization, storm water management activities, and temporary and permanent road
crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage
high flows. The activity may alter the pre- construction course, condition, capacity, and
location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities). 10. Fills Within 100-Year Floodplains.
The activity must comply with applicable FEMA-approved state or local floodplain
management requirements. 11. Equipment.
Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.
Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow, or
during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety and compliance with applicable NWP general conditions, as well as
any activity-specific conditions added by the district engineer to an NWP authorization.
15. Single and Complete Project.
Effective 19 March 2017
The activity must be a single and complete project. The same NWP cannot be used
more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a ‘‘study river’’ for possible
inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a ‘‘study river’’ for
possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct
management responsibility for that river. The permittee shall not begin the NWP activity
until notified by the district engineer that the Federal agency with direct management
responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River
or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.
17. Tribal Rights.
No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species.
(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat
of such species. No activity is authorized under any NWP which ‘‘may affect’’ a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those
effects on listed species and critical habitat that are caused by the NWP activity and are
later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre- construction notification is required for the proposed
Effective 19 March 2017
activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district
engineer will verify that the appropriate documentation has been submitted. If the
appropriate documentation has not been submitted, additional ESA section 7
consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall
not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical
habitat, the pre-construction notification must include the name(s) of the endangered or
threatened species that might be affected by the proposed activity or that utilize the
designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity ‘‘may affect’’ or will have ‘‘no effect’’ to listed species and designated critical habitat and will notify the non-Federal
applicant of the Corps’ determination within 45 days of receipt of a complete pre-
construction notification. In cases where the non- Federal applicant has identified listed
species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have ‘‘no effect’’ on listed species or
critical habitat, or until ESA section 7 consultation has been completed. If the non-
Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species- specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the ‘‘take’’ of a threatened
or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with ‘‘incidental take’’ provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed
species, where ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word ‘‘harm’’ in the
definition of ‘‘take’’ means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,
feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit
with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this
general condition. The district engineer will coordinate with the agency that issued the
ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and
the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination
Effective 19 March 2017
results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for
the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a
separate ESA section 7 consultation for the proposed NWP activity. The district
engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide Web pages at http://www.fws.gov/ or http:// www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles.
The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine
applicable measures to reduce impacts to migratory birds or eagles, including whether
‘‘incidental take’’ permits are necessary and available under the Migratory Bird Treaty
Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties.
(a) In cases where the district engineer determines that the activity may have the
potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre-construction
notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate
documentation has been submitted. If the appropriate documentation is not submitted,
then additional consultation under section 106 may be necessary. The respective
federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for
listing on the National Register of Historic Places, including previously unidentified
properties. For such activities, the pre- construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for
the presence of historic properties. Assistance regarding information on the location of,
or potential for, the presence of historic properties can be sought from the State Historic
Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33
Effective 19 March 2017
CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of
the National Historic Preservation Act. The district engineer shall make a reasonable
and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the
potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct
consultation with consulting parties identified under 36 CFR 800.2(c) when he or she
makes any of the following effect determinations for the purposes of section 106 of the
NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no
potential to cause effects to historic properties or that NHPA section 106 consultation
has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA
section 106 consultation is required. If NHPA section 106 consultation is required, the
district engineer will notify the non- Federal applicant that he or she cannot begin the
activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C.
306113) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect
to occur, unless the Corps, after consultation with the Advisory Council on Historic
Preservation (ACHP), determines that circumstances justify granting such assistance
despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes
if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts.
Effective 19 March 2017
If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must
immediately notify the district engineer of what you have found, and to the maximum
extent practicable, avoid construction activities that may affect the remains and artifacts
until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine
monuments, and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment, additional waters officially
designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54,
notification is required in accordance with general condition 32, for any activity proposed
in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.
23. Mitigation.
The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative
adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating
for resource losses) will be required to the extent necessary to ensure that the individual
and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1⁄10-acre and require pre- construction notification, unless the district engineer determines in writing that either some other form of mitigation
would be more environmentally appropriate or the adverse environmental effects of the
proposed activity are no more than minimal, and provides an activity-specific waiver of
this requirement. For wetland losses of 1⁄10-acre or less that require pre- construction notification, the district engineer may determine on a case-by- case basis that
Effective 19 March 2017
compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation to ensure that the activity
results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult- to-replace
resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open
waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian
areas may be the only compensatory mitigation required. Restored riparian areas
should consist of native species. The width of the required riparian area will address
documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water
quality or habitat loss concerns. If it is not possible to restore or maintain/protect a
riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters,
then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic
environment on a watershed basis. In cases where riparian areas are determined to be
the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must
comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the
NWPs, the preferred mechanism for providing compensatory mitigation is mitigation
bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if
an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal
individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed
Effective 19 March 2017
mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable
requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district
engineer before the permittee begins work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1⁄2-
acre, it cannot be used to authorize any NWP activity resulting in the loss of greater
than 1⁄2- acre of waters of the United States, even if compensatory mitigation is
provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal
impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine
resources, permittee- responsible mitigation may be environmentally preferable if there
are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory
mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently
adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may
be required to reduce the adverse environmental effects of the activity to the no more
than minimal level.
24. Safety of Impoundment Structures.
Effective 19 March 2017
To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with
established state dam safety criteria or have been designed by qualified persons. The
district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.
25. Water Quality.
Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water
quality. 26. Coastal Zone Management.
In coastal states where an NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone
management requirements.
27. Regional and Case-By-Case Conditions.
The activity must comply with any regional conditions that may have been added by the
Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added
by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits.
The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not
exceed the acreage limit of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under NWP 14, with
associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre.
29. Transfer of Nationwide Permit Verifications.
If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting
Effective 19 March 2017
a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain
the following statement and signature:
When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding
on the new owner(s) of the property. To validate the transfer of this nationwide
permit and the associated liabilities associated with compliance with its terms
and conditions, have the transferee sign and date below. _________________________________ (Transferee) ____
________________ (Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a
signed certification documenting completion of the authorized activity and
implementation of any required compensatory mitigation. The success of any required
permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The
certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or
in-lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm
that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within
30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States.
If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408
because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers (USACE) federally authorized Civil Works project (a ‘‘USACE project’’), the prospective permittee must submit a pre- construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not
authorized by NWP until the appropriate Corps office issues the section 408 permission
to alter, occupy, or use the USACE project, and the district engineer issues a written
NWP verification.
Effective 19 March 2017
32. Pre-Construction Notification.
(a) Timing. Where required by the terms of the NWP, the prospective permittee must
notify the district engineer by submitting a pre-construction notification (PCN) as early
as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will
request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still
incomplete and the PCN review process will not commence until all of the requested
information has been received by the district engineer. The prospective permittee shall
not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the
complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected
or are in the vicinity of the activity, or to notify the Corps pursuant to general condition
20 that the activity might have the potential to cause effects to historic properties, the
permittee cannot begin the activity until receiving written notification from the Corps that there is ‘‘no effect’’ on listed species or ‘‘no potential to cause effects’’ on historic properties, or that any consultation required under Section 7 of the Endangered Species
Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act
(see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21,
49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the
district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot
begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity’s purpose; direct and
indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to
Effective 19 March 2017
result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse
environmental effects caused by the proposed activity; and any other NWP(s), regional
general permit(s), or individual permit(s) used or intended to be used to authorize any
part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and
any proposed mitigation measures should be sufficiently detailed to allow the district
engineer to determine that the adverse environmental effects of the activity will be no
more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters
for each single and complete crossing of those wetlands, other special aquatic sites,
and other waters. Sketches should be provided when necessary to show that the
activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but
do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to
delineate the special aquatic sites and other waters on the project site, but there may be
a delay if the Corps does the delineation, especially if the project site is large or
contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1⁄10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the
designated critical habitat that might be affected by the proposed activity. For NWP
activities that require pre-construction notification, Federal permittees must provide
documentation demonstrating compliance with the Endangered Species Act. (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must
state which historic property might have the potential to be affected by the proposed
activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide
Effective 19 March 2017
documentation demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a ‘‘study river’’ for
possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the ‘‘study river’’ (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33
U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S.
Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having
jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing
the required information may also be used. Applicants may provide electronic files of
PCNs and supporting materials if the district engineer has established tools and
procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state
agencies concerning the proposed activity’s compliance with the terms and conditions
of the NWPs and the need for mitigation to reduce the activity’s adverse environmental
effects so that they are no more than minimal. (2) Agency coordination is required for: (i) All NWP activities that require pre-construction notification and result in the loss of greater than 1⁄2-acre of waters of the
United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require
pre-construction notification and will result in the loss of greater than 300 linear feet of
stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into
the waterbody more than 30 feet from the mean low water line in tidal waters or the
ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS,
state natural resource or water quality agency, EPA, and, if appropriate, the NMFS).
With the exception of NWP 37, these agencies will have 10 calendar days from the date
the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects
will be more than minimal. If so contacted by an agency, the district engineer will wait an
additional 15 calendar days before making a decision on the pre- construction
notification. The district fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions
Effective 19 March 2017
of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will
provide no response to the resource agency, except as provided below. The district
engineer will indicate in the administrative record associated with each pre-construction
notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or
economic hardship will occur. The district engineer will consider any comments received
to decide whether the NWP 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of
any Essential Fish Habitat conservation recommendations, as required by section
305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination.
Further Information
1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project
(see general condition 31).
Effective 19 March 2017
2017 NATIONWIDE PERMITS REGIONAL CONDITIONS
OMAHA DISTRICT
STATE OF MONTANA
1. PCN Requirement. For all NWPs, permittees must notify the Corps in
accordance with General Condition No. 32 (PCN) for regulated activities, located
within or comprised of the following:
a. Wetlands Classified as Peatlands. Peatlands are seasonally waterlogged areas with a surface accumulation of peat (organic matter) 30 centimeters (12 inches) or more thick. Any peat-covered areas, including fens, bogs, and
muskegs, are all peatlands.
i. PCN required for NWP 3, 5, 6, 20, 27, 32, and 38.
ii. All NWPs not listed above are revoked for use in peatlands.
b. Waters Adjacent to Natural Springs. Any projects located within 100 feet of the water source in natural spring areas. A spring is defined as any location
where there is groundwater flow emanating from a distinct point. Springs do
not include seeps or other groundwater discharge areas where there is no
distinct point source.
c. Bank Stabilization Activities. Any project that involves bank stabilization greater than 300 linear feet or includes features that extend out from the
existing bank line greater than 25% of the bankfull channel width.
d. Channel Straightening and Relocation Activities. Any project that involves
straightening, relocating and/or shortening an existing perennial stream channel.
e. Tribal Reservations and Tribal Trust Lands. Any projects within the
boundaries of any Tribal Reservation or Tribal trust lands.
f. Specific Waterways Requiring PCN. Any projects within the following
waterways and their impoundments:
-Bitterroot River -Flathead Lake
-Clark Fork River (tributary to the -Milk River
Columbia River) -Missouri River
-Flathead River -Yellowstone River 2. Bank and Shoreline Stabilization Activities. The following additional
requirements apply to all bank and shoreline stabilization:
a. The revetment must conform to the existing bankline; must not extend above
the top of the bank (i.e. no new levees); and the slopes must be flatter than
the angle of repose for the selected revetment material (i.e. rock riprap normally needs to be placed on a slope flatter than 1.5 Horizontal to 1 Vertical
Effective 19 March 2017
(1.5H:1V). b. The revetment must not wholly or partially block flows from entering a side
channel or an overflow channel.
3. Counter-Sinking Riprap Associated with Culvert Installation. When riprap
inlet and outlet protection is used below the OHWM (OHWM), it must be placed
to match the adjacent culvert bottom elevations. Where culvert bottom elevations
are lower than the stream bed elevation, the riprap must match the culvert
elevation.
4. Placement and Removal of Temporary Fills. Temporary fills in wetlands must
be placed on a horizontal marker layer, such as fabric or certified weed-free
straw, to delineate the pre-project ground elevation and facilitate complete fill removal and site restoration.
5. Erosion and Sediment Control Blanket. All erosion control blanket or fabric
used in or adjacent to waters of the U.S. must be comprised of degradable
material to ensure decomposition. Do not use material that includes stabilized netting or stabilized open mesh, as these products take a long time to degrade
and they can trap small animals, birds, amphibians and fish. This prohibition also
applies to mesh materials used for wattles, rolled materials, and bank wraps.
Erosion control blanket or fabrics that break down within 24 months are
acceptable. Non-degradable blankets or fabric may be allowed on a case-specific basis if it will be buried beneath riprap or structures and it is not likely to be
exposed. Non-degradable blanket or fabric that becomes exposed within waters
of the U.S. must be removed.
6. Suitable Material. NWP General Condition No. 6 prohibits the use of unsuitable material. Specific criteria can be found in the Omaha District’s “Generic
Prohibitions Regarding the Use of Certain Materials as Fill in Waters of the United
States” and MT Department of Environmental Quality’s (DEQ) “Specifications for
use of Concrete Riprap for Streambank Stabilization,” which apply to proposed
work in jurisdictional waters.
REGIONAL CONDITIONS APPLICABLE TO SPECIFIC NATIONWIDE PERMITS
7. NWP-3 – Maintenance and NWP-45 – Repair of Uplands Damaged by
Discrete Events. The definition of “discrete event,” as used in these permits,
includes, but is not limited to, unexpected natural and human-caused events such as fires, storms, landslides, avalanches, earthquakes, accidents, debris or
ice jams, and floods. For the purpose of the NWPs, discrete event floods are
stream flow events that overflow the OHWM.
8. NWP-7 – Outfall Structures and Associated Intake Structures and NWP-12 – Utility Line Activities. Inlet screens for intakes in the Yellowstone River or the
Missouri River in Blaine, Chouteau, Custer, Dawson, Fergus, Garfield, McCone,
Effective 19 March 2017
Petroleum, Phillips, Prairie, Richland, Roosevelt, Valley and Wibaux Counties must be installed on all pump intakes with a screen mesh opening size no larger
than 0.25 inch. Water intake velocities must not exceed 0.5 foot per second
through the mesh. Intakes must be located in the deepest water available and be
elevated off the bottom of the river bed. REGIONAL CONDITIONS APPLICABLE ONLY TO THE SPECIAL RIVER
MANAGEMENT ZONE OF THE UPPER YELLOWSTONE RIVER
Special River Management Zone (SRMZ) of the Upper Yellowstone River is defined within the Special Area Management Plan (SAMP) as the 48-mile reach of the upper Yellowstone River (River Miles 531.8 to 483.6) from upstream of Emigrant River
downstream to a few miles below the Shields River and Mission Creek confluences (0.7
miles downstream from the bridge at the community of Springdale). It includes
secondary channels, side channels, and the main (primary) channels, and adjacent wetlands within the channel migration zone (CMZ) or, in absence of a CMZ, within areas flooded by the 100-year discharge. The SMRZ is located entirely within Park
County.
In addition to Regional Conditions 1 through 8, the following Regional Conditions 9 through 24 apply within the SRMZ described above:
9. SRMZ – Notification – All NWPs. Permittees must notify the Corps in
accordance with General Condition No. 32 (PCN) for any regulated activity in
waters of the U.S. within the SRMZ. This includes all activities within the Yellowstone River, the portions of tributaries within the SRMZ, and wetlands within the SRMZ.
10. SRMZ – Emergency Work. Activities requiring a Department of the Army (DA)
Permit that is necessary to prevent imminent loss of life or property is allowed within the SRMZ. Contact the Corps as soon as reasonably possible by telephone at 406-441-1375 and/or by Fax at 406-441-1380. Contact may also be
made in person or by sending an e-mail to: CENWO.ODRMT@usace.army.mil.
All such work will be fully reviewed under the SAMP provisions.
11. SRMZ - NWPs Revoked for Use. The following NWPs have been revoked for all waters and activities within the 48-mile SRMZ:
NWP 17 - Hydropower Projects
NWP 21 - Surface Coal Mining Activities
NWP 29 - Residential Developments NWP 39 - Commercial and Institutional Developments NWP 42 - Recreational Facilities
NWP 43 - Stormwater Management Facilities
NWP 44 - Mining Activities
NWP 45 - Repair of Uplands Damaged by Discrete Events NWP 49 - Coal Remining Activities
Effective 19 March 2017
NWP 50 - Underground Coal Mining Activities
12. SRMZ – Activities Requiring Individual Permit Review. The following project
activities are not authorized under a NWP in the SRMZ. These projects typically
have more than minimal adverse impacts and must be reviewed under standard (individual) permit procedures.
a. New dams, new diversions, and/or new impoundments for any purpose; b. Construction of ponds and new artificial stream channels, unless they are
necessary and appropriate elements of a stream or wetland restoration project; c. Hydraulic dredging and mining and mechanical excavation to obtain
aggregate, fill material, or minerals, including gold. Processing of material for
the purpose of obtaining select minerals or a specific gradation of material,
where only a portion of the sediment or alluvium is removed and the remainder returned to the SRMZ, is not allowed under a NWP in the SRMZ.
13. SRMZ - Bank Stabilization Activities - All NWPs. For bank stabilization
activities associated with any NWP, including maintenance of bank stabilization,
the following Regional Conditions apply: For bank revetments such as riprap, root wads, bioengineered revetments, or
combination revetments, a. through e. apply:
a. Revetments must conform to the existing eroded or eroding bankline, unless such work is determined by the Corps to be biologically or geomorphically beneficial for the upper Yellowstone River.
b. Revetment slopes must be flatter than the angle of repose for the selected
revetment material. For example, rock riprap normally needs to be placed on
a slope flatter than 1.5H:1V. c. Revetments are only permittable under NWPs if they are parallel to and near the lateral boundaries of the SRMZ.
d. Revetments must not extend above the elevation of the adjacent natural bank
height (i.e., no new levees).
e. Revetments must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the
geomorphic integrity of the upper Yellowstone River.
For bank stabilization structures that project into the stream, such as weirs, barbs, vanes, or hard points, f. through k. apply:
f. Bank stabilization structures must not wholly or partially block flows from
entering a side channel, secondary channel, or an overflow channel, unless
such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River.
Effective 19 March 2017
g. Bank stabilization structures are only permittable under NWPs if they result in an effective bankline that is approximately parallel to and near the lateral
boundaries of the CMZ.
h. Bank stabilization structures must be keyed into the bank far enough to prevent
flanking. i. Bank stabilization structures cannot occupy more than 10% of the bankfull channel area. Bankfull channel area pertains to the specific primary or
secondary channel in question, and is not the aggregate channel area of all
primary and secondary channels in multi-channel reaches.
j. Bank stabilization structures must not present hazardous obstructions to boating, floating, or other river uses. k. Bank stabilization structures that are low in elevation, project only a short
distance out from the bank, and angle upstream are more likely to qualify for
NWPs because they typically result in less adverse impact on aquatic
resources than structures that are tall, long, and point downstream. 14. SRMZ – Temporary Bank Stabilization – All NWPs. Temporary bank
stabilization is prohibited during seasonal high flows.
15. SRMZ – Sediment Management – All NWPs. Sediment removal is allowable only to maintain function of existing facilities and structures, or as necessary to maintain or restore the geomorphic integrity of the upper Yellowstone River.
Diversion or removal of sediment or alluvium from the river channel and adjacent
wetlands for other purposes is not allowed in the SRMZ under any NWP.
16. SRMZ – Temporary Vegetation Impacts – All NWPs. Limit clearing of riparian or wetland vegetation to the absolute minimum necessary. Where temporary
riparian or wetland vegetation impacts are unavoidable, mow or cut off the
vegetation above the ground, leaving the topsoil and root mass intact. Restore
temporarily disturbed areas to original contours and use seeding and planting as necessary to re-establish desirable vegetative cover, utilizing native species in areas where native species were impacted.
17. SRMZ – NWP-11 – Temporary Recreational Structures. Temporary
recreational structures can be installed no earlier than seven (7) calendar days in advance of an event and must be removed no later than seven (7) calendar days after the event concludes.
18. SRMZ – NWP-12 – Utility Line Activities. Trench excavation and backfill for
utility lines is prohibited within the OHWM of main and secondary flow channels and in adjacent wetlands.
19. SRMZ – NWP-13 – Bank Stabilization. Construction of temporary or permanent
levees is prohibited. Only bank stabilization that is parallel to and adjacent to the
valley wall and/or SRMZ boundary is allowed. All other bank stabilization must be reviewed under standard (individual) permit procedures. Bank stabilization along
Effective 19 March 2017
existing roads, ditches, fills, and structures already located along the valley wall is allowed under this Permit.
20. SRMZ – NWP-14 – Linear Transportation Projects. The construction of new
transportation facilities in waters of the U.S. is prohibited under this NWP and must be reviewed under standard (individual) permit procedures. The expansion, modification, improvement, replacement, reconstruction, and upgrading of
existing transportation facilities are allowed under this NWP within the SRMZ.
21. SRMZ – NWP- 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities. The construction of water control structures, dikes, berms, current deflectors, bank stabilization, and ponds is prohibited within the
CMZ of the upper Yellowstone River unless it is demonstrated the proposed
features contribute to the restoration or rehabilitation of previously lost or
impaired functions of the upper Yellowstone River and adjacent aquatic areas. 22. SRMZ – NWP-30 – Moist Soil Management for Wildlife. Fire breaks within the
CMZ of the upper Yellowstone River must be reclaimed and restored within six
(6) months after the fire event ends.
23. SRMZ – NWP-33 – Temporary Construction, Access, and Dewatering. Construction of temporary levees and other structures or fills in waters of the
U.S. that prevent or reduce overbank flow is prohibited.
24. SRMZ – NWP 40 – Agricultural Activities. Only those activities associated with the reduction of existing adverse impacts on the upper Yellowstone River may be authorized by this NWP. Examples of potentially allowable projects include work
associated with livestock management; moving livestock watering areas off the
river or out of the CMZ; removal of irrigation systems from the CMZ; and the
removal or conversion of irrigation systems from flood irrigation to sprinkler irrigation.
Attachment B – Road Construction and Maintenance Specifications
8
APPENDIX 2 – Gallatin County
Utility/ROW Work Permit
Application
Gallatin County Road and Bridge Department
Application for a Utility/ROW Work Permit
Instructions
Pursuant to Title 7, Chapter 14, Montana Code Annotated and the Gallatin County Transportation Design
and Construction Standards, any person or agency performing underground or aerial utility work, or any other kind of work, in a County Road Right-of-Way must first obtain a permit from the Road and Bridge
Department.
Depending on a project’s risks and complexities, the Road and Bridge Department may require the applicant and its contractor (if any) to comply with certain insurance requirements, as well as to obtain a performance guarantee and issue a warranty consistent with Section 2.3 of the Gallatin County
Transportation Design and Construction Standards. These requirements will be identified in the terms of
the permit to be agreed upon by the applicant and Gallatin County Road and Bridge Department.
An application fee of $125.00 is required. No permits will be processed until the application fee is paid. Utility/ROW Work permits are issued with an expiration date. All construction work must be complete
prior to the expiration date unless otherwise stated on the Utility/ROW Work Permit. Upon written
request, an extension may be granted by the Gallatin County Road and Bridge Department.
The Gallatin County Road and Bridge Department will consider only complete and
signed applications. Incomplete applications will be returned.
This application is not a permit. No construction or work may start until a Gallatin
County Utility/ROW Permit has been issued and signed by a Gallatin County Road and
Bridge Department representative.
Return completed application, $125 fee, and required documents to:
Gallatin County Road and Bridge Department
205 Baxter Lane West
Bozeman, MT 59718
Phone 406-582-3250
Fax: 406-582-3255
Gallatin County Road & Bridge Department Utility/ROW Work Permit Application
Application
County Road Name(s):
ROW Work / Utility Placement (including culverts crossing under the County road):
Type of work:
Status of utility (mark one):
New Placement Repair Upgrade Other
Location Description (including Latitude and Longitude):
Project Description:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Project Number if applicable:_________________________________________________________
Installation schedule (please include desired start date and approximate completion date)
_________________________________________________________________________________
Documents Required:
Sketch or plans of the proposed project with property boundaries and address, road names, drainage topographic features, etc. affecting the proposed location.
Traffic Control plan (if requesting lane closures)
Copies of all necessary certificates and permits from Local, State, Federal and other public authorities.
Payment of the application fee of $125.00, checks payable to Gallatin County.
Gallatin County Road & Bridge Department Utility/ROW Work Permit Application
Property Owner (Permittee) Information: Name: Email address:
Business Name:
Mailing Address Including City State and Zip Code: _____________________ Telephone: Cell phone: Fax Number:
Contractor performing the work (if any):
Name: Project Manager:
Telephone number: Email address:
Mailing address Including City State and Zip Code:
Primary Contact Person, Phone Number, and Email for Contact:
Office Use Only
Date Received:____________________ Date submitted for processing:________________
Date Issued:_______________________ Mailed to:________________________________
Fee Paid__________ Check Number:_______________ Paid By:_____________________
FOREST FIRE RULES & REGULATIONS
These rules apply to all activities on all classified forest lands within Montana during the legal Forest Fire Season, including any
extension thereof (see 77-5-103(3), 76-11-101, 76-13-102(7), and 76-13-109 MCA). Reference also ARM 36.10.119 through 132.
Related State statute numbers are provided as a reference.
RULE I - DEBRIS BURNING
1. The person conducting the burn shall obtain written
authorization from the recognized fire protection agency
before igniting any open fire during the legal forest fire
season (required by 76-13-121 MCA). The recognized fire
protection agency may deny, restrict, or rescind any
authorization by notifying the person conducting the burn.
2. All burning must comply with the Department of
Environmental Quality or State/county/local open burning
regulations.
3. Written authorization is not required for campfires.
RULE II - CAMPFIRES
1. Campfires cannot be left unattended and must be completely
extinguished (see 76-13-123 MCA).
2. All campfires must be constructed in cleared or bare areas,
and not allowed to spread beyond the established ring, pit,
grate, or container.
3. Anyone igniting a campfire is required to have fire tools
listed in Rule VIII (4).
RULE III - RAILROADS AND POWERLINES
Railroad and powerline companies are required to prepare
and annually update working agreements with recognized
fire protection agencies. These agreements must stress safety
and fire response procedures; and identify, remove, prevent,
modify, abate, or correct forest fire hazards and risks
associated with railroad and powerline company operations
(see 69-14-721 MCA).
RULE IV - EQUIPMENT
1. All internal combustion engines must be equipped with an
approved and effective spark-arresting system, as established
in the National Wildfire Coordinating Group’s Spark Arrester
Guides. Spark-arresting devices must be marked, properly
installed, and maintained in accordance with the Guides. The
following vehicles are exempt:
a. automobiles and light trucks of less than 23,000 GVW
when all exhaust gases pass through a properly
installed and maintained exhaust system, baffle-type
muffler, and tailpipe. Vehicles with glass-pack
mufflers do not qualify for the exemption.
b. heavy-duty trucks of 23,000 GVW or greater, with a
muffler and vertical stack exhaust system extending
above the cab.
c. vehicles with other spark-arresting systems providing
equal or increased effectiveness. Such vehicles must
be inspected and have written authorization from the
recognized fire protection agency.
2. Equipment used for commercial, ranching, or industrial
activities must meet the fire extinguisher and tool
requirements listed in Rule VIII (5).
RULE V - FLAMING AND GLOWING SUBSTANCES
1. All flaming and glowing substances, including but not
limited to, lighted cigarettes, cigars, ashes, and matches, must
be extinguished before being discarded (see 76-13-124
MCA).
2. Smoking is allowed only at areas free of flammable or
combustible material. Examples of these areas include a
graveled road or an enclosed vehicle.
RULE VI - FIREWORKS
Use of fireworks is prohibited on all classified forest lands
unless written authorization is obtained from the recognized
fire protection agency. Authorization will only be considered
between June 24 and July 5, inclusive, to coincide with the
legal dates for the sale of fireworks in Montana (see 50-37-
106 MCA).
RULE VII - WILDLAND/URBAN INTERFACE
1. County governments without subdivision wild-fire protection
standards are encouraged to establish standards for all new
subdivisions by January 1, 2000.
2. The Fire Protection Guidelines for Wildland/Residential
Interface Development (DSL/DOJ, 1993) is available for use
to assist counties in the development of standards.
RULE VIII - FIRE EXTINGUISHERS AND FIREFIGHTING
TOOLS
1. Chainsaw operators shall carry a fully charged and operable
fire extinguisher, minimum-capacity 8-ounce liquid or 1-
pound dry chemical, with a 4BC or higher rating.
2. Vehicles and equipment, mobile or stationary, with a
combustion engine/motor used for commercial, ranching, or
industrial activities must have one operable, dry-chemical
fire
Attachment C: Forest Fire Regulations Page 1 of 2
extinguisher with a minimum 2-1/2 -pound capacity and 4BC or
higher rating.
3. Chainsaw operators shall maintain one usable shovel at
chainsaw-fueling sites.
4. All persons or parties igniting a campfire shall have one
usable shovel and bucket. Persons igniting a barbecue need
not have a shovel or bucket if the ashes are not removed from
the container and the ashes or container are not placed on or
near combustible material.
5. All commercial, ranching, or industrial activities must have:
a. one usable shovel or pulaski with each vehicle and
equipment with an internal combustion engine/motor,
mobile or stationary.
b. one backpack pump with each vehicle and with any
equipment, used off road, mobile or stationary, with an
internal combustion engine/motor, that cannot be used
to build fireline and is being operated on combustible
material.
6. Other types of firefighting tools that provide increased
efficiency or effectiveness may be substituted by written
authorization from the recognized fire-protection agency.
For example, a combi firefighting tool may be substituted
for a shovel or pulaski.
RULE IX - FOREST ACTIVITY RESTRICTIONS
In areas designated by public proclamation by the administrator,
division of forestry, as areas of high fire hazard, the administrator
may request all persons, firms, or corporations present or engaged
in any activity in the areas to voluntarily cease operations or to
adjust working hours to less critical periods of the day. In the
event such a request is refused, the administrator may issue a
written order directing compliance.
RULE X - FOREST CLOSURE
1. During periods of dangerous fire conditions, no person may
enter or be upon those forest lands designated by public
proclamation by the governor of the state of Montana as
areas of dangerous fire hazard except under written permit
issued by a recognized agency.
2. Permits to enter upon such areas during the closure may be
issued by the recognized agency upon a showing of real need
by the applicant. Permits may be issued to those persons
having actual residence as a permanent or principal place of
abode in the forest lands designated or to persons engaged in
non-fire hazardous employment.
3. However, no permit may be required of persons engaged in
either firefighting, fire prevention, or law enforcement who
are engaged in official business.
RULE XI - CORRECTION OF HAZARD AND UNUSUAL
CIRCUMSTANCES OR EVENTS
The recognized fire-protection agency may require identified
wildland-fire hazards and/or risks be halted, prevented, abated,
removed, disposed of, mitigated, or patrolled. This applies to
public, private, nonprofit, commercial, and/or residential
circumstances or events.
RULE XII - REQUEST FOR REVIEW
If any operator believes that in his case any requirment of a
recognized agency is excessive, the operator may request the
administrator, division of forestry, to review the requirements. If
in the opinion of the administrator any or all are not necessary in
the interest of public safety, he may make such changes as he
considers advisable.
RULE XIII - DEFINITIONS
Backpack Pump: 5-gallon minimum; standard galvanized metal,
fiberglass, or rubberized backpack water container with attached
handpump; full of water at all times.
Bucket: Metal, plastic, canvas, or fiberglass container capable of
holding at least one gallon of water. Motorcycle helmets qualify.
Campfire means a fire set for cooking, warming, or ceremonial
purposes; not more than 3 feet in diameter or height; void of
overhanging branches; with all combustible material cleared at
least 1-1/2 times the diameter of the fire; or a barbecue in a
noncombustible container.
Combi Tool: A tool combining a shovel and pick.
Fireworks: As defined in 50-37-101 MCA.
Forested Land: As defined in 76-13-102 MCA and 36.10.101
ARM.
Hazard: Condition that promotes the ignition and/or spread of a
wildland fire.
Open Fire: The burning of a bonfire, rubbish fire, or other fire in
an outdoor location where fuel being burned is not contained in a
closed incinerator, or outdoor fireplace. Barbecue pits and burn
barrels are considered open fires and therefore require a burning
permit (Rule I).
Pulaski: An ax with a medium size sharp grub hoe opposite the ax
blade.
Recognized Fire-Protection Authority: An agency organized for
the purpose of providing fire protection and recognized by the
board as giving adequate fire protection to forest lands in
accordance with rules adopted by the board.
Risk: Action or device that could cause a wildland fire to ignite.
Shovel: Vehicle, equipment, and chainsaw operator shovels will
have a minimum overall length of 36 inches with a round pointed
shovel head with a minimum width of 6 inches. Shovels required
for campfires must be at least 24-inches in length with a pointed
shovel head. Folding handles qualify.
RULE XIV - APPLICABILITY
The forest fire rules, Rule I through Rule XIII, (ARM 36.10.119
through 30.10.132) are in effect each year on classified forest land
during the forest fire season May 1st to September 30th inclusive,
or any legal extension thereof. Requirements pertaining to motor
vehicles do not apply to those being operated solely on roads that
are a part of federal or State maintained highway systems or on any
paved public road.
Page 2 of 2
WORKING IN BEAR HABITAT
12/03/12
Grizzly bear distribution is expanding in Montana and human/bear encounters are becoming more
common. Working in bear habitat increases the likelihood of interactions with bears. It is important
for contractors and their employees to be aware of steps that can be taken to minimize conflicts and
how to react if an interaction occurs. This pamphlet provides information about bear behavior,
preventive measures, and what to do in the event an encounter occurs. This pamphlet is intended to
provide information about possible ways of avoiding encounters with bears. It should not, however, be
relied on as the sole means of doing so. In addition to adhering to the guidelines outlined in this
document, you should always rely on your experience, training, education and judgment about the
best, safest manner to avoid encounters with bears.
ENCOUNTERS
Stay calm and keep the animal in view, but avoid direct eye contact. Bears may interpret eye contact as
a sign of aggression. Back away slowly. Never run from a bear unless you know you can reach safety.
Determine whether the animal is a black bear or a grizzly bear.
If the bear charges, stand your ground. Bears commonly “bluff charge,” stopping within a few feet of a
person, before fleeing in a different direction.
Keep bear spray handy. Always have a canister of bear spray (at least eight ounces) on your belt.
Make sure it is an EPA registered bear spray with 1 to 2% capsaicin and related capsaicinoids, has a spray
duration of at least six seconds, and a range of 25 feet. Familiarize yourself with the directions for using the
spray. Use it only if confronted by a charging bear. Spray toward the bear, aiming slightly downward.
In the event that you have no bear spray, or it was ineffective and the charge is not a bluff, or the bear
is exhibiting predatory behavior, you must change your approach. Signs of predatory behavior include:
following, showing interest, coming into a tent, and unprovoked attacks. How you respond will depend on the
species of bear attacking you. Black bear and young grizzly attacks: Always fight back. Jump up and down,
wave your arms and yell. Try to look as large as possible. Never play dead – it makes you easier prey.
Remember that black bears and small grizzlies can climb trees, so stay on the ground. Mature grizzly attacks
[particularly females with young]: If a surprise encounter occurs or if bear spray is ineffective, drop to the
ground and play dead. Lie on your stomach, clasp your hands behind your neck, and use your elbows and toes
to avoid being rolled over. If the bear rolls you over, keep rolling until you land back on your stomach. Remain
still and don't struggle or scream. A defensive bear will stop attacking once it feels the threat is gone. Don't
move until you are sure the bear has left the area. If the grizzly is exhibiting predatory behavior or comes
into a tent at night, do all you can to escape or fight back.
If an encounter occurs, contact the DNRC forest officer immediately and notify Montana FWP.
JOB SITE PREVENTION
Watch for bear signs. Signs include: tracks; droppings; recently overturned rocks or logs; logs torn
apart; clawed, bitten or rubbed trees; bear trails; hair on tree bark; fresh diggings; and crushed vegetation. If
you observe any of these signs, be aware that a bear may be frequenting the area. If camping, or stopping to
eat your lunch, select a different area.
When working or walking alone, make noise and carry bear spray. Bears don't like surprises, but will
move on if they hear people approaching. Make noise, especially when approaching blind corners, dense
shrubs and streams, and when walking into the wind. Maintain regular communication with co-workers.
If camping on site, leave coolers, food and beverages inside campers or secured vehicles. If cooking
over an open fire, do not discard food or grease in fire pits.
Don’t leave trash, groceries or animal feed in your vehicle for extended periods. Bears can, and do, pry
open car and truck doors and break windows to get at food and other items they associate with food.
Bears are attracted to petroleum based products. Keep all fuel and oil canisters in bear resistant
containers. Bears have been known to damage hoses, oil filters and foam seats on heavy equipment. Dispose
of empty containers promptly.
Attachment D
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
ATTACHMENT E
JACKRABBIT LNCOTTONWOODRDFORTELLIS RDN 19TH AVEJACKRABBIT LNFR
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EXIT 305OFF RAMPS 19TH AVEAttachment F
Haul Route Map
Phase 2 Sourdough Fuels Reduction
City of Bozeman
City Limits
Attachment G – Nondiscrimination and Equal Pay Affirmation
1
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39‐3‐104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter