Form 2400-005 - Timber Sales Contract Template Page 6


Table 1.Thresholds for soil disturbances.
Timber Sale
Soil disturbances are excessive if:
Roads, Landings, Skid
A gully or rut is 6 inches deep or more and is resulting in channelized flow to a
Trails, and General
wetland, stream, or lake.
Harvest Area
In a riparian management zone (RMZ) or wetland, a gully or rut is 6 inches deep
Roads, Landings, and
or more and 100 feet long or more.
Primary Skid Trails
In an upland area (outside of RMZ), a gully or rut is 10 inches deep or more and
66 feet long or more.
Secondary Skid Trails and
A gully or rut is 6 inches deep or more and 100 feet long or more.
General Harvest Area
The depth is to be measured from the original soil surface to the bottom of the depression. If individual lug
depressions are visible, the depth would be measured to the lesser of the two depths (the "top" of the lug).
The length is measured from the start of the “too deep” section to the end of the “too deep” section.
Measurements are not cumulative.
Prior to sale completion the Purchaser shall mitigate and repair soil disturbances to the Seller’s
d. Other restoration requirements (e.g. repair of soil disturbance or rutting on recreational trails used for
20. OTHER APPROVALS. Logging roads that intersect town, county or state roads or highways must have the
intersections approved by the proper authorities prior to construction and cleared of all unsightly debris at the
time of construction. The Purchaser agrees to apply for and obtain all approvals. The Purchaser also agrees to
fully comply with all terms and conditions of intersection approvals.
21. SURVEY MONUMENTS. The Purchaser agrees to comply with s. 59.635, Wis. Stats., regarding perpetuation
of landmarks and pay for the cost of repair or replacement of property or land survey monuments or accessories
which are removed, destroyed or made inaccessible.
22. INDEMNIFICATION. The Purchaser agrees to protect, indemnify and save harmless the Seller and the Seller's
employees and agents from and against all causes of action, claims, demands, suits, liability or expense by
reason of loss or damage to any property or bodily injury to any person, including death, as a direct or indirect
result of operations under this Contract or in connection with any action or omission of the Purchaser, who shall
defend the Seller and the Seller's employees and agents in any cause of action or suit.
23. INDEPENDENT CONTRACTOR. The Purchaser is an independent contractor for all purposes, including
worker's compensation, and not an employee or agent of the Seller. The Seller agrees that the undersigned
Purchaser shall have the sole control of the method, hours worked, time and manner of any timber cutting to be
performed hereunder and takes no responsibility for supervision or direction of the performance of any of the
harvesting to be performed by the undersigned Purchaser or of the Purchaser's employees except for the limited
right of the Seller to cease operations under clause 2.b. or for breach of this Contract. The Seller further agrees
it will exercise no control over the selection and dismissal of the Purchaser's employees.
Unless the Purchaser is exempted by the Seller from this coverage requirement as an independent
contractor, as defined in s. 102.07(8)(b), Stats.,and as determined by the Seller based on an affidavit
submitted to it, the Purchaser agrees to elect to maintain worker's compensation insurance coverage for the
cutting operation under this Contract and any and all employees engaged in cutting on the Seller's land
during the period of this Contract regardless of any exemptions from coverage under chapter 102, Wis.
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