Common use of THE FOREST SERVICE SHALL Clause in Contracts

THE FOREST SERVICE SHALL. 1. Respond within thirty (30) days to ODOT’s formal written requests for material source use. Responses should identify a Forest Service contact person; should specifically address Forest Service management concerns and environmental analysis, road use permit, and special use permit requirements; and should suggest potential dates for an on-site meeting. Responses should also address requests for assistance in site survey, investigation, and design. The Forest Service and ODOT shall jointly determine, on a case-by-case basis, who will complete and who will pay for these activities, based on projected uses of the material source over the life of the permit to be issued to ODOT and agree upon a timeline to complete the anticipated work. If no response is received within the 30 days, ODOT can contact the designated Forest Service Principal Contact for assistance. 2. Provide ODOT a free-use mineral materials permit (FS 2800-9, Exhibit Q) for single or multiple entries, for a period not to exceed 10 years (36CFR228.62 (b)) for the volume specified in the operating plan. At the time the operating plan is approved according to 36CFR228.56 and the permit is issued, the Forest Service shall designate a permit administrator and provide a statement as to their role, duties, and authority in the administration. A Special Use Permit (SUP) shall be issued for operations involving processing or uses of the material source beyond those needed for the first salable product, such as asphalt batch plants, storage and removal of materials after the permit period (See Exhibit A - 36CFR 228.43(a)(1) and (2)). 3. Notify ODOT of other permitted users or the Forest Service use of the subject materials source before the contract is issued, and require all users to follow all applicable permit conditions and the approved development and reclamation plan. Coordinate any other use of a Forest Service mineral material source with ODOT when ODOT has an active contract for removal of material from that source. This is to ensure that no significant user or safety conflicts arise and ODOT’s contract quantity is not compromised, and to ensure that the obligations ODOT has with their DOGAMI permit are maintained (Mine Land Reclamation Permit). 4. Issue a SUP for other uses of a site (non-mineral material development), such as the stockpiling and/or reuse of waste rock and earthen materials such as ditch cleanings, landslide debris, excess construction materials, or similar materials (see Exhibit A - Forest Service regulations @ 228.43(a)(1) & (2)). 5. Coordinate early and work with ODOT to find alternative locations for storage of excess non-mineral materials within the boundaries of the USFS lands within a reasonable haul distance to the source of the excess materials. 6. Recover all costs associated with the issuing and administering individual permits and/or contracts to ODOT. These fees will be based on the actual time Forest Service personnel spend in preparing each permit/contract, and an estimate of the time that will be spent in administering the specific permit/contract. The Forest Service will process the appropriate instrument for the collection of these fees. 7. Not charge for road rental fees to ODOT, for use of Forest Service roads used to access and haul mineral materials for ODOT projects. (See section III ODOT Shall, item-16 for ODOT maintenance of Forest Service roads). 8. Coordinate and work with ODOT on timber and vegetation removal. Including evaluation of existing timber via timber cruising, conducting timber sales, or identifying locations for storage of merchantable and non-merchantable timber and vegetation 9. Coordinate with ODOT on OHV use including slope configurations of the source areas and proper signing for safety of the access roads and the source areas, both during and post operations as approved in the operating plan. 10. Provide ODOT a list or map of existing Forest Service sites that are potentially available as mineral material sources (used for crushing, screening, batching, and stockpiling) and disposal sites. The Forest Service shall share, at no cost, any available information about existing or potential mineral material sources, i.e., quality and quantity, past extraction operations, GPS data, GIS coverage, and site investigations 11. Allow ODOT to place monument markers, delineating the perimeter of the approved site boundaries, consistent with Department of Geology and Mineral Industries (DOGAMI) for site markings. 12. Only consider requests from ODOT for mineral materials for their highway projects. Mineral materials requests from a bidder or contractor on ODOT highway projects are subject to the Forest Service regulations (Exhibit A). If the USFS enters into an agreement with a bidder or contractor, it would be a contract between the USFS and the contractor. ODOT would not be the contract administrator or inspector. 13. Review and approve material source operating and reclamation plans prepared by ODOT in a timely fashion. The Forest Service will respond within 30 days. Review and approve reclamation upon completion of work. 14. Recognize that ODOT’s unplanned and emergency project needs for mineral materials will require timely cooperation to ensure public safety. 15. Determine whether the project or proposed activity (e.g. exploratory drilling) meets the criteria in Forest Service NEPA Handbook 1909.15 Chapter 30 for Categories of Actions Excluded from Documentation (categorical exclusion). The approval of the removal of mineral materials from an existing community pit or common-use area is a category of action excluded from documentation (if other criteria, such as extraordinary circumstances, are met). 16. Provide ODOT with copies of Forest weed plans, as requested. 17. Provide the annual invasive plants monitoring report relative to mineral material sites on long term mineral material projects.