Danger Tree PolicyDanger Tree Policy

Tom ErkertTom ErkertGroup Leader for Transportation Planning, Group Leader for Transportation Planning,

Operations, & MaintenanceOperations, & Maintenance

Pacific Northwest RegionPacific Northwest Region

USDA Forest ServiceUSDA Forest Service

AgendaAgenda

Responsibility/Liability Responsibility/Liability

ProblemProblem

PolicyPolicy

DiscussionDiscussion

What’s your Responsibility?What’s your Responsibility?

Conduct the SurveyConduct the Survey

Identify the problems to the best of your Identify the problems to the best of your abilitiesabilities

Document ResultsDocument Results

Present Results to the Line OfficerPresent Results to the Line Officer

– Inform them of their responsibilities under the Inform them of their responsibilities under the directivedirective

– Inform them what their liability is if they Inform them what their liability is if they choose to ignore itchoose to ignore it

LiabilityLiability(Cuz I know you want to talk about it)(Cuz I know you want to talk about it)

Three typesThree types

– Agency, Line Officer, PersonalAgency, Line Officer, Personal

Basic Rules under Federal Tort Claims ActBasic Rules under Federal Tort Claims Act

– Follow the process the Agency has given youFollow the process the Agency has given you– Document your resultsDocument your results– You will be within the scope of your You will be within the scope of your

employment if you follow the processemployment if you follow the processThereforeTherefore

– Agency assumes the liability if you are Agency assumes the liability if you are working within the scope of your dutiesworking within the scope of your duties

The ProblemThe Problem

Monitoring revealedMonitoring revealed

– Danger Trees are prevalent across all units Danger Trees are prevalent across all units – Inconsistent approachesInconsistent approaches

Recent IncidentsRecent Incidents

Some Contractors/Permittees have Some Contractors/Permittees have refused to use Roadsrefused to use Roads

Large Wildfires that burned in 2002/2003Large Wildfires that burned in 2002/2003

ExamplesExamples

Roads Program Monitoring Roads Program Monitoring

– 20042004– 20052005

Other Field Site VisitsOther Field Site Visits

GIPGIP

Road 23 - 2004

MthMth

Road 4885 - 2004

More later…

SISSIS

Road 4103 - 2005

OLYOLY

Road 33 - 2005

MALMAL

Roads - 2004

UMPUMP

Diamond Lake Resort Road 28

B&B Fire Area - DESB&B Fire Area - DES

Highway 20 - 2005

Corbett Snow park Parking Area

Monument Fire Area - MALMonument Fire Area - MAL

Road 1672 - 2005

Road 1672457 - 2005

This This CanCan Lead To… Lead To…

Road 4885, MTH

07/24/2004 1430

And Finally This…And Finally This…

• Tree Entered Passenger Compartment

• Tree Impaled 12 year old boy

Other IncidentsOther Incidents

COL 8/1/2005COL 8/1/2005

– Employee’s vehicle struck by falling White FirEmployee’s vehicle struck by falling White Fir– Thankfully no one was hurtThankfully no one was hurt

Mt Ashland Road (County)Mt Ashland Road (County)

– ODOT worker killedODOT worker killed

The PolicyThe Policy

Where Is It?Where Is It?

R6 Supplement to FSM 7733R6 Supplement to FSM 7733

– R6/PNW Supplement No.: 7730-2005-1R6/PNW Supplement No.: 7730-2005-1

Available at:Available at:– http://fsweb.r6.fs.fed.us/directives/fsm/7700/7733.dochttp://fsweb.r6.fs.fed.us/directives/fsm/7700/7733.doc

Field Guides Referenced:Field Guides Referenced:

– Developed Recreation Sites Guide Developed Recreation Sites Guide http://www.fs.fed.us/r6/nr/fid/pubsweb/hazardtreemanual.pdfhttp://www.fs.fed.us/r6/nr/fid/pubsweb/hazardtreemanual.pdf

– Field Guide (This Class) Field Guide (This Class) http://www.fs.fed.us/r6/nr/fp/ReserveTree05/FieldGuideforDangehttp://www.fs.fed.us/r6/nr/fp/ReserveTree05/FieldGuideforDangerTreeIdentification&Response.pdfrTreeIdentification&Response.pdf

Policy SummaryPolicy Summary

Goal is to ensure the safe use of roads by all Goal is to ensure the safe use of roads by all usersusers

Safety takes priority over all other considerationsSafety takes priority over all other considerations

Identification of danger trees will be done by a Identification of danger trees will be done by a “Qualified Person”“Qualified Person”

Road segments identified as High priority will be Road segments identified as High priority will be closed until the hazardous condition is mitigatedclosed until the hazardous condition is mitigated

Forest Supervisor ResponsibilitiesForest Supervisor Responsibilities7733.047733.04

Provide a Safe Transportation System Provide a Safe Transportation System

– (FSM 7702, 7704, 7730)(FSM 7702, 7704, 7730)

Ensure a Qualified Person is AvailableEnsure a Qualified Person is Available

Mitigate HazardsMitigate Hazards

DefinitionsDefinitions7733.057733.05

Danger tree – A standing tree that presents a Danger tree – A standing tree that presents a hazard to people due to conditions such as, but hazard to people due to conditions such as, but not limited to, deterioration or physical damage not limited to, deterioration or physical damage to the root system, trunk, stem, or limbs and the to the root system, trunk, stem, or limbs and the direction or lean of the tree (FSH 6709.11)direction or lean of the tree (FSH 6709.11)

Danger tree = Hazard treeDanger tree = Hazard tree

Qualified person – A person trained to identify Qualified person – A person trained to identify danger trees in accordance with the “Field Guide danger trees in accordance with the “Field Guide for Danger Tree Identification and Response”for Danger Tree Identification and Response”

Assessment MethodologiesAssessment Methodologies7733.37733.3

Roads Within Developed Rec SitesRoads Within Developed Rec Sites– Long-Range Planning for Developed Sites in the Pacific Long-Range Planning for Developed Sites in the Pacific

Northwest: The Context of Hazard Tree ManagementNorthwest: The Context of Hazard Tree Management (Harvey & Hessburg, 1992)(Harvey & Hessburg, 1992)

Roads Outside Developed Rec SitesRoads Outside Developed Rec Sites– Field Guide for Danger Tree Identification and Field Guide for Danger Tree Identification and

ResponseResponse (Toupin & Barger, 2005) (Toupin & Barger, 2005)

Field Guide MechanicsField Guide Mechanics

Rating SystemRating System

– Field GuideField GuideActivity, Exposure, Failure PotentialActivity, Exposure, Failure Potential

– High/Med/Low High/Med/Low Way to Prioritize TreatmentsWay to Prioritize Treatments

Assessments will be Ongoing Assessments will be Ongoing

– Condition SurveysCondition Surveys– Project Prep WorkProject Prep Work– Contract WorkContract Work

Priority ClassificationsPriority Classifications7733.57733.5

Assign Priority ClassificationAssign Priority Classification

Based onBased on

– Failure PotentialFailure Potential– Potential Failure ZonePotential Failure Zone– Exposure DurationExposure Duration

Long/ShortLong/Short

Intermittent but High FrequencyIntermittent but High Frequency

High PriorityHigh PriorityImminent Tree Failure PotentialImminent Tree Failure Potential

Areas where people are stopped and congregated Areas where people are stopped and congregated such as or with Higher Traffic Volumes:such as or with Higher Traffic Volumes:

Interior Roads of developed recreation sitesInterior Roads of developed recreation sites

Parking AreasParking Areas

Scenic Vistas, Geologic Points of InterestScenic Vistas, Geologic Points of Interest

Active Projects or Contracts Active Projects or Contracts

Intersections on Op Mtce Level 3-5 roadsIntersections on Op Mtce Level 3-5 roads

Operational Maintenance Level 3-5 roadsOperational Maintenance Level 3-5 roads

Active Haul routes Active Haul routes

Medium PriorityMedium Priority

Same as High Priority exceptSame as High Priority except

– Tree failure potential is Tree failure potential is likelylikely rather than rather than imminentimminent

Low PriorityLow Priority

Areas with low traffic volumes such as Areas with low traffic volumes such as Operational Maintenance Level 2 roadsOperational Maintenance Level 2 roads

Imminent or Likely Tree Failure PotentialImminent or Likely Tree Failure Potential

Management Actions Management Actions (7733.7)(7733.7)

High Priority Road Segments Require High Priority Road Segments Require Prompt ActionPrompt Action

– Eliminate Danger TreesEliminate Danger TreesOROR

– Close the RoadClose the Road

Medium & Low PriorityMedium & Low Priority

– Not Time CriticalNot Time Critical– Use other StrategiesUse other Strategies

StrategiesStrategies7733.47733.4

AssessmentsAssessments

Assess Danger Trees during routine workAssess Danger Trees during routine work

– Road Maintenance PlansRoad Maintenance Plans– Condition Surveys (Informal & Formal)Condition Surveys (Informal & Formal)– Contract PrepContract Prep– Safety ReviewsSafety Reviews– Contract AdministrationContract Administration– Etc.Etc.

Backlog of WorkBacklog of Work

Areas with Large BacklogsAreas with Large Backlogs

– Use for Class C Chain Saw Certification TrainUse for Class C Chain Saw Certification Train– Title II FundingTitle II Funding– CWK2 this year CWK2 this year – Commercial Timber SalesCommercial Timber Sales– Personal Use FirewoodPersonal Use Firewood– Watershed Restoration ProjectsWatershed Restoration Projects

Source for Large Woody DebrisSource for Large Woody Debris

CWK2 Funding FY 06CWK2 Funding FY 06$1.6 MM Region$1.6 MM Region

– Tied to Timber Output, For Safety Related Work Tied to Timber Output, For Safety Related Work CWK2 Road Maintenance - FY 2006

$0

$20

$40

$60

$80

$100

$120

$140

$160

$180

$200

Unit

$ in

Th

ou

san

ds

Road Mtce $189 $132 $57 $100 $28 $75 $35 $60 $126 $79 $110 $115 $77 $143 $168 $107

DES FWI GIP MAL MBS MTH OCH OLY RRS SIU UMA UMP W-W OKW WIL COL

NEPA ConsiderationsNEPA Considerations

Planning Docs Planning Docs

– Include Danger Tree mitigation as Connected action, Include Danger Tree mitigation as Connected action, Over Life as Reasonably Foreseeable ActionOver Life as Reasonably Foreseeable Action

Utilize Categorical Exclusions Utilize Categorical Exclusions (FSH 1909.15)(FSH 1909.15)

– Chapter 31.12, subs. 4 – Repair and maintenance of Chapter 31.12, subs. 4 – Repair and maintenance of roads, trails, and landline boundaries. DM Not Req.roads, trails, and landline boundaries. DM Not Req.

– Chapter 31.2, subs. 13 – Salvage of dead and/or Chapter 31.2, subs. 13 – Salvage of dead and/or dying trees no to exceed 250 acres; and subs. 14 dying trees no to exceed 250 acres; and subs. 14 Commercial and non-commercial sanitation harvest of Commercial and non-commercial sanitation harvest of trees to control insects and disease not to exceed 250 trees to control insects and disease not to exceed 250 acres. DM Requiredacres. DM Required

ESA & HeritageESA & Heritage

Compliance with the Endangered Species Compliance with the Endangered Species Act is required.Act is required.

– Close the road if danger trees can’t be felledClose the road if danger trees can’t be felled– Danger trees must be felled if roads cannot Danger trees must be felled if roads cannot

be closed.be closed.

Contact the Forest Heritage specialistContact the Forest Heritage specialist

– Additional mitigation may be neededAdditional mitigation may be needed

Coop Agreements/MOU’sCoop Agreements/MOU’s

For roads on NFS lands managed by For roads on NFS lands managed by others (state, county. etc.) others (state, county. etc.)

Address danger-tree management in the Address danger-tree management in the easement language or in a Memorandum easement language or in a Memorandum of Understanding.of Understanding.

– ODOT MOUODOT MOU– WSDOT MOUWSDOT MOU– Forest Road AgreementsForest Road Agreements

Med/Low Priority StrategiesMed/Low Priority Strategies

There is more time to plan and execute There is more time to plan and execute cost-efficient programscost-efficient programs

– Commercial Timber Sale ProgramCommercial Timber Sale Program– Stewardship ProgramStewardship Program

Timber Sales, Permits, ContractsTimber Sales, Permits, Contracts

Road Systems used for Prep by Admin Road Systems used for Prep by Admin Personnel will be safe to usePersonnel will be safe to use

– May need to be treated before (CMRD/CWK2)May need to be treated before (CMRD/CWK2)

Haul Routes to be Treated in Pre-Haul, Haul Routes to be Treated in Pre-Haul, During and Post HaulDuring and Post Haul

– Appraise for Work (T-854) according to Appraise for Work (T-854) according to Commensurate Share PolicyCommensurate Share Policy

– Level 3-5 Share based on traffic countLevel 3-5 Share based on traffic count– Level 2 Purchaser/Permittee is responsibleLevel 2 Purchaser/Permittee is responsible

Wildfire StrategyWildfire StrategySuppressionSuppression– Fell Imminent or Likely Failure Potential TreesFell Imminent or Likely Failure Potential Trees– Leave Road Systems Safe for BAER TeamsLeave Road Systems Safe for BAER Teams

BAER BAER – Apply for funds for assessment, stabilization, and Apply for funds for assessment, stabilization, and

monitoring (Consider 3 years)monitoring (Consider 3 years)– Qualified Person Must be on TeamQualified Person Must be on Team

Plan for Commercial Removal on Med/Low Plan for Commercial Removal on Med/Low Priority RoadsPriority Roads– Separate Salvage SaleSeparate Salvage Sale

Plan for Recurrent Treatments in Road Plan for Recurrent Treatments in Road Maintenance PlansMaintenance Plans

Required TrainingRequired Training7733.87733.8

Qualified PersonQualified Person

– Complete class on implementation of the Complete class on implementation of the Field Field Guide for Danger Tree Identification and Guide for Danger Tree Identification and ResponseResponse

Questions?Questions?