Common use of Forest Growth Clause in Contracts

Forest Growth. 9.01 Lessee shall not cut, injure, destroy, or remove any forest growth, except that which shall be absolutely unavoidable in conducting its operations and shall obtain proper approval of District Forester ninety (90) days before removal is to be commenced. The full ninety (90) days prior notice may be reduced upon the discretion of District Forester. 9.02 Lessee, under the direction of Department, shall dispose of all tree tops, limbs, brush, slash, and any other forest growth not to be sold or utilized by Department or Lessee which have resulted from clearing operations from strip mine sites, well sites, access roads, pipeline rights-of-way, and other construction sites, according to a plan approved by District Forester. 9.03 Lessee shall dispose of all tree stumps and large rocks resulting from its clearing and construction operations using a plan approved by District Forester. 9.04 Lessee shall pay Department for all forest growth cut or injured on State Forest land as a result of Lessee's operations, regardless of the ownership of the oil, gas, mineral, or surface support rights. Even though Department has been paid for the damage by Lessee, the title to all forest growth will still belong to the Commonwealth, except as provided in Paragraph 9.06. Damage is defined as the cutting or injuring of the forest growth by clearing a site so that personnel and equipment can be brought onto the location to establish a base from which Lessee can undertake its operation. 9.05 Prior to the clearing of the forest growth by Lessee, District Forester will xxxx and/or designate the area from which forest growth will be removed. The value of the forest growth that will be cut or damaged for the clearing of a road, drilling site, or area to be mined, will be determined by Department based upon timber type, size, and market data, or upon replacement value, for young stands or plantations. Lessee shall then be invoiced for the value as determined by Department. Payment to Department of said invoice must be made before any forest growth may be cut or damaged. 9.06 Lessee shall pay for the forest growth damage at two (2) times its value, as determined by Department; the forest growth shall then become Lessee's property, which then must be removed and sold by Lessee as job requirements dictate. Ownership of the forest growth not removed and sold by Lessee under this subsection shall revert to Department six (6) months after invoicing unless modified in writing by District Forester. The minimum forest growth damage charge shall be: (a) In those areas with a Forest Community Type determined by the Department to be black cherry (BC), the minimum forest growth damage shall be TEN THOUSAND DOLLARS ($10,000.00) per acre or as determined above, whichever is greater; (b) For all other Forest Community Type areas (i.e., not typed as black cherry by the Department), the minimum forest growth damage shall be FIVE THOUSAND DOLLARS ($5,000.00) per acre or as determined above, whichever is greater. 9.07 Lessee shall, at direction of District Forester and at its own expense, secure, plant and maintain grasses and/or trees or shrub seedlings and/or game foods on all strip mine sites, well sites, access roads, pipeline rights-of-way and other cleared areas using a plan approved by District Forester. Timing shall be determined by District Forester. Revegetation should be periodically maintained (i.e., xxxxxx or fertilizing). 9.08 Lessee shall make full compensation to Department at three (3) times the value of such forest growth cut, injured, destroyed, or removed, to be computed by Department, should additional damage result at any time from the work incident to this lease or the construction, operation, maintenance, or removal of facilities not herein contemplated or specifically mentioned, but which may occur as a result of said work or facilities, or should any forest growth be cut, injured, destroyed or removed prior to payment thereof under Paragraph 9.05 hereof, or due to negligence or unauthorized activities.

Forest Growth. 9.01 Lessee shall not cut, injure, destroy, or remove any forest growth, except that which shall be absolutely unavoidable in conducting its operations and shall obtain proper approval of District Forester ninety (90) days before removal is to be commenced. The full ninety (90) days prior notice may be reduced upon the discretion of District Forester. 9.02 Lessee, under the direction of Department, shall dispose of all tree tops, limbs, brush, slash, and any other forest growth not to be sold or utilized by Department or Lessee which have resulted from clearing operations from strip mine sites, well sites, access roads, pipeline rights-of-way, and other construction sites, according to a plan approved by District Forester. 9.03 Lessee shall dispose of all tree stumps and large rocks resulting from its clearing and construction operations using a plan approved by District Forester. 9.04 Lessee shall pay Department for all forest growth cut or injured on State Forest land as a result of LesseeXxxxxx's operations, regardless of the ownership of the oil, gas, mineral, or surface support rights. Even though Department has been paid for the damage by LesseeXxxxxx, the title to all forest growth will still belong to the Commonwealth, except as provided in Paragraph 9.06. Damage is defined as the cutting or injuring of the forest growth by clearing a site so that personnel and equipment can be brought onto the location to establish a base from which Lessee can undertake its operation. 9.05 Prior to the clearing of the forest growth by Lessee, District Forester will xxxx mark and/or designate the area from which forest growth will be removed. The value of the forest growth that will be cut or damaged for the clearing of a road, drilling site, or area to be mined, will be determined by Department based upon timber type, size, and market data, or upon replacement value, for young stands or plantations. Lessee shall then be invoiced for the value as determined by Department. Payment to Department of said invoice must be made before any forest growth may be cut or damaged. 9.06 Lessee shall pay for the forest growth damage at two (2) times its value, as determined by Department; the forest growth shall then become Lessee's property, which then must be removed and sold by Lessee as job requirements dictate. Ownership of the forest growth growth, not removed and sold by Lessee under this subsection subsection, shall revert to Department six (6) months after invoicing unless modified in writing by District Forester. The minimum forest growth damage charge shall be: (a) In those areas with a Forest Community Type determined by the Department to be black cherry (BC), the minimum forest growth damage shall be TEN THOUSAND DOLLARS ($10,000.00) per acre or as determined above, whichever is greater; (b) For all other Forest Community Type areas (i.e., not typed as black cherry by the Department), the minimum forest growth damage shall be FIVE THOUSAND DOLLARS ($5,000.00) per acre or as determined above, above whichever is greater. 9.07 Lessee shall, at direction of District Forester and at its own expense, secure, plant and maintain grasses and/or trees or shrub seedlings and/or game foods on all strip mine sites, well sites, access roads, pipeline rights-of-way and other cleared areas using a plan approved by District Forester. Timing shall be determined by District Forester. Revegetation should be periodically maintained (i.e., xxxxxx or fertilizing). 9.08 Lessee shall make full compensation to Department at three (3) times the value of such forest growth cut, injured, destroyed, or removed, to be computed by Department, should additional damage result at any time from the work incident to this lease or the construction, operation, maintenance, or removal of facilities not herein contemplated or specifically mentioned, but which may occur as a result of said work or facilities, or should any forest growth be cut, injured, destroyed or removed prior to payment thereof under Paragraph 9.05 hereof, or due to negligence or unauthorized activities.

Forest Growth. 9.01 Lessee Grantee shall not cut, injure, destroy, or remove any forest growth, except that which shall be absolutely unavoidable in conducting its operations and shall obtain proper approval of District Forester Park Manager ninety (90) days before removal is to be commenced. The full ninety (90) days prior notice may be reduced upon the discretion of District ForesterPark Manager. 9.02 LesseeGrantee, under the direction of Department, shall dispose of all tree tops, limbs, brush, slash, and any other forest growth not to be sold or utilized by Department or Lessee Grantee which have resulted from clearing operations from strip mine sites, well sites, access roads, pipeline rights-of-way, and other construction sites, according to a plan approved by District ForesterPark Manager. 9.03 Lessee Grantee shall dispose of all tree stumps and large rocks resulting from its clearing and construction operations using a plan approved by District ForesterPark Manager. 9.04 Lessee Grantee shall pay Department for all forest growth cut or injured on State Forest land as a result of LesseeGrantee's operations, regardless of the ownership of the oil, gas, mineral, mineral or surface support rights. Even though Department has been paid for the damage by LesseeGrantee, the title to all forest growth will still belong to the Commonwealth, except as provided in Paragraph 9.06. Damage is defined as the cutting or injuring of the forest growth by clearing a site so that personnel and equipment can be brought onto the location to establish a base from which Lessee Grantee can undertake its operation. 9.05 Prior to the clearing of the forest growth by LesseeGrantee, Park Manager, Grantee and a representative from the PA Bureau of Forestry will review the site to determine the minimum disturbance necessary. The Park Manager, with the assistance of the District Forester Forester, will xxxx and/or designate the area from which forest growth will be removed. The value of the forest growth that will be cut or damaged for the clearing of a road, drilling site, or area to be mined, will be determined by Department based upon timber type, size, and market data, or upon replacement value, for young stands or plantations. Lessee Grantee shall then be invoiced for the value as determined by Department. Payment to Department of said invoice must be made before any forest growth may be cut or damaged. 9.06 Lessee Grantee shall pay for the forest growth damage at two (2) times its value, as determined by Department; the forest growth shall then become LesseeGrantee's property, which then must be removed and sold by Lessee Grantee as job requirements dictate. Ownership of the forest growth growth, not removed and sold by Lessee Grantee under this subsection subsection, shall revert to Department six (6) months after invoicing unless modified in writing by District ForesterPark Manager. The minimum forest growth damage charge shall be: (a) In those areas with a Forest Community Type determined by the Department to be black cherry (BC), the minimum forest growth damage shall be TEN THOUSAND DOLLARS ($10,000.00) per acre or as determined above, whichever is greater; (b) For all other Forest Community Type areas (i.e., not typed as black cherry by the Department), the minimum forest growth damage shall be FIVE THOUSAND DOLLARS ($5,000.00) per acre or as determined above, above whichever is greater. 9.07 Lessee Grantee shall, at direction of District Forester Park Manager and at its own expense, secure, plant and maintain grasses and/or trees or shrub seedlings and/or game foods on all strip mine sites, well sites, access roads, pipeline rights-of-way and other cleared areas using a plan approved by District ForesterPark Manager. M-GS (1-96) Stipulation Form - EXHIBIT "B" Timing shall be determined by District ForesterPark Manager. Revegetation should be periodically maintained (i.e., xxxxxx or xxxxxx, fertilizing, reseeding). The grantee must maintain revegetation areas to ensure successful establishment. 9.08 Lessee Grantee shall make full compensation to Department at three (3) times the value of such forest growth cut, injured, destroyed, or removed, to be computed by Department, should additional damage result at any time from the work incident to this lease Surface Use Operating Agreement or the construction, operation, maintenance, or removal of facilities not herein contemplated or specifically mentioned, but which may occur as a result of said work or facilities, or should any forest growth be cut, injured, destroyed or removed prior to payment thereof under Paragraph 9.05 hereof, or due to negligence or unauthorized activities.