Decision Notice and Finding of No Significant Impact Seymour-Ten Mile Continental Divide National Scenic Trail

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1 Decision Notice and Finding of No Significant Impact Seymour-Ten Mile Continental Divide National Scenic Trail BACKGROUND USDA - Forest Service Beaverhead-Deerlodge National Forest Wise River and Butte Ranger Districts Deerlodge and Silver Bow Counties, Montana In 2007, a Decision Notice and Finding of No Significant Impact for the Fleecer Continental Divide National Scenic Trail (CDNST) project on the Beaverhead-Deerlodge National Forest was issued. The decision was to construct four miles of new non-motorized trail from the Rocky Ridge Trailhead north to Bull Ranch Road and to use the Burnt Mountain and Fleecer Trails near Hungry Hill. The 2007 Decision Notice deferred location of the western segments of the trail to provide an opportunity to explore alternatives in more detail in response to public comment. The Seymour-Ten Mile CDNST Environmental Assessment published in March of 2013 describes the environmental effects of a proposal to locate and construct the remaining segments of the Fleecer CDNST project. The proposal was developed to ensure that the CDNST between Seymour Creek and Hungry Hill meets the nature and purposes of the as outlined by legislation and subsequent study reports and legal decisions. The October 2, 1968, National Trails System Act (PL ) established a nationwide trail system. Based on this Act, a study of the CDNST was initiated. The CDNST Study Report identifies that: The primary purpose of this Trail is to provide a continuous, appealing trail route, designed for the hiker and horseman, but compatible with other land uses To provide hiking and horseback access to those lands where man s impact on the environment has not been adverse to the subsequent degree and where the environment remains relatively unaltered The basic goal of the Trail is to provide the hiker and rider an entry to the diverse country along the Continental Divide in a manner which will assure a high quality recreation experience while maintaining a constant respect for the natural environment. DECISION It is my decision to fully implement the Proposed Action published in the March 2013 Seymour- Ten Mile CDNST Environmental Assessment (EA). This decision finalizes the route location for the CDNST in the Seymour Creek and Hungry Hill areas. The project will consist of constructing 12 miles of trail according to Trail Class II National Design Parameters for National Forest System trails. It will designate new non-motorized CDNST managed for primitive hiking and pack and saddle stock opportunities, located in the vicinity of the Continental Divide.

2 The specific components of this decision are included in the following implementation component list and in the discussion of design criteria. A complete, detailed discussion of each component is provided in the EA. Specific Implementation Components Beginning at the Forest Service boundary with the Mount Haggin Wildlife Management Area (MHWMA), new trail construction will progress westerly across the head of the Ten and Twelve Mile drainages. From Twelve Mile Lake the new segmetns of the CDNST will progress westsouthwest until it meets up with the existing Seymour Creek Trail just above the Lower Seymour Lake Campground. At the head of the American Creek drainage on the boundary with the MHWMA, Wise River and Butte Ranger Districts, new trail will be constructed progressing southwest for 0.5 mile and tie in with the existing CDNST. The new CDNST segment will be constructed and managed for non-motorized use. Trail tread will be constructed as a rolling-contour trail wherever possible, using out slope tread, sustainable grades, frequent grade reversals, side slope traverses and other design features. Construction will also include drainage dips, check dams, water bars, and other erosion control structures along portion of the trail where terrain prohibits constructing a rollingcontour trail. If topography and vegetation allow, some segments may simply be marked, rather than receive tread construction. We will use conventional hand or mechanized techniques as determined by terrain, soils, and other factors to construct the trail. Directional, informational, interpretive, and regulatory signs will be placed along the new CDNST to meet the needs of the user and to add to the the user s enjoyment of the route by pointing out or interpreting resources and land uses. Design Criteria: Design criteria are management practices that will be incorporated into this decision in order to minimize or eliminate adverse effects resulting from project implementation. Design criteria are also based on consideration of public and internal comments received. The specific design criteria that implemented with this decision are listed in the EA on pages 9 to 10 and include the following: Trail Construction Standards The trail design incorporates structure construction (puncheon, turnpike, etc.) to reduce impacts where wet areas are unavoidable. Impediments will be incorporated into the design to reduce the likelihood of the Trail being used by motorized means. Where winter and summer motorized trail locations intersect the newly constructed trail, natural and manmade features will be incorporated to inhibit unauthorized motorized use on the Trail. Monitoring for mountain bike use will be conducted to assess compliance with the policy and direction contained in the 2009 Comprehensive Plan and to assure the nature and purpose of the CDNST (high-quality scenic, primitive hiking and horseback riding Page 2 of 12

3 opportunities) are maintained. This decision does not prevent future use restrictions on the Trail. Heritage Resources Prior to the actual construction of the trail, Class III inventory (intensive archaeological surveys) will be completed to ensure significant heritage resources are not adversely affected by trail construction. Where potential trail locations conflict with heritage resources, the trail will be relocated to provide a suitable buffer to protect the historic and cultural values of heritage sites. Pla nts Trail construction will avoid sensitive habitats such as bog-fens, riparian zones, and white bark pine, old growth Douglas-fir and spruce stands when possible. Trail construction contracts require all equipment be washed prior to entering National Forest System lands to prevent the spread and/or introduction of noxious weeds. Areas of new trail construction will be monitored for noxious weeds and treated according to Revised Forest Plan direction. Prior to construction of trail tread, an on the ground survey will be conducted in the alpine and subalpine portions of the trail and in riparian zones, where potential sensitive plant habitat may occur. If any are found, the trail will be routed to avoid adverse impact to sensitive plant species. Wildlife Crews will adhere to Food Storage orders during the course of the project. If an active bald eagle, goshawk, great gray owl, or flammulated owl nest is found within the project area, appropriate mitigation measures as determined by the Forest Service wildlife biologist will be implemented. Mechanized trail construction activities (such as blasting, chainsaw or use of a trail excavator) will not occur between May 15 to July 15 to assure wildlife protection during breeding and parturition periods. If threatened, endangered or sensitive species are observed within ¼ mile of the project area, the wildlife biologist will be notified within 24 hours. Visual Resources Stumps created by clearing operations will be flush cut. Switchbacks will be designed and constructed in the trees to minimize visual impact of trail construction. The trail will be located on Seymour Hill to create the best possible viewing opportunity into the Sullivan Creek drainage and Warren Mountain. In addition, occasional viewing Page 3 of 12

4 opportunities in the forested areas of the trail will be provided by using natural openings, facilitating views of areas with high scenic quality. The CDNST route will be located to avoid old clear cuts and roads in the immediate foreground where feasible. PURPOSE AND NEED The Temile Seymour Trail project is needed to meet the intent and direction of the National Trail Systems Act of 1968 as amended by the National Parks and Recreation Act of 1978 (PL ), the CDNST Study report, the CDNST Final Environmental Impact Statement and the CDNST Comprehensive Plan. The CDNST Comprehensive Plan provides direction for the development and management of the Trail. The guiding principles for the CDNST are to complete the Trail to connect people and communities to the Continental Divide by providing scenic, high-quality, primitive hiking and horseback riding experiences, while preserving the significant natural, historic, and culture resources along the Trail. The Beaverhead-Deerlodge National Forest needs to develop a trail location for the CDNST that provides a connection between the western boundary of the Mount Haggin Wildlife Management Area, at the head of the Six Mile drainage to the Anaconda Pintler Wilderness at Seymour Creek. To meet the purpose and need, the trail location needs to comply with guidance contained in the 2009 CDNST Comprehensive Plan to provide a trail that has high quality scenery and primitive hiking and horseback riding opportunities. The 2009 Beaverhead-Deerlodge Revised Forest Plan includes goals that the CDNST is managed according to the National Trails Act, the CDNST Study Reports and FEIS, and CDNST Comprehensive Plan (as amended) for the purpose of providing: A continuous, appealing trail route, designed for the hiker and horseman, but compatible with other land uses. Access for hikers and stock into the diverse country along the Continental Divide in a manner which will assure a high quality recreation experience while maintaining a constant respect for the natural environment. RATIONALE FOR THE DECISION I have reviewed and analyzed the following information and documents: environmental effects as described in the EA and associated record; comments received from interested parties; direction provided in 2009 CDNST Comprehensive Plan; Forest Service Manual b policy; and direction in the 2009 Revised Land and Resource Management Plan for the Beaverhead-Deerlodge National Forest (Revised Forest Plan) in the process of making my decision. Based on these reviews and analysis, I have decided to implement the proposed action as described above. When compared to the other alternatives, it best meets the legislative and administrative direction for the CDNST and provides a trail that connects people and communities to the Continental Divide by providing scenic, high-quality, primitive hiking and horseback riding experiences, while preserving the significant natural, historic, and cultural resources along the Trail. Page 4 of 12

5 My criteria for making decisions on this project were based on how well the proposed action analyzed in the EA addressed the purpose and need of the project and how adequately the decision addresses issues raised during the scoping process and the comment period on the EA. I have selected the proposed action alternative because it provides the best balance in relation to the key issues, while meeting the intent of the National Trails System Act and the CDNST Comprehensive Plan. The No Action Alternative does not address the purpose of the CDNST as a National Scenic Trail that provides primitive and semi-primitive hiking and pack and saddle stock experiences. The other alternatives eliminated from detailed analysis were not acceptable to me because they required either (1) new construction through areas recommended as additions to the Anaconda Pintler Wilderness, which could detract from potential Wilderness designation; (2) substantial trail construction impacts associated with the crossing of the Continental Divide near shear granite cliffs, which meant that the Revised Forest Plan Minimum Scenic Integrity Objective of Very High could not be met; or (3) new construction through Goat Flat Research Natural Area (RNA), which would be inconsistent with Forest Service policy to prohibit trails in the RNA unless they contribute to the objectives or to the protection of the area. The selected alternative provides a high quality trail experience; avoids high quality elk security cover and a number of wet areas; has the least overall impact to high mountain lakes, riparian areas, and cirque basins; and has the highest overall scenic rating. Although the analysis shows it may increase noxious weeds, I am confident with continual monitoring and on-going treatment, we will be able to control weeds. ALTERNATIVES C ONSIDERED In addition to the selected alternative, I considered one other alternative that was fully developed and analyzed in the EA and one alternative that was not analyzed in detail. Refer to EA pages 7 through 11 for additional details on the alternatives analyzed. Information regarding the effects of the alternatives is provided in EA and the detailed resource reports available in the project file. PUBLIC INVO LVEM ENT The proposal was provided to the public and other agencies for comment during scoping. On January 21, 2011, a letter detailing the proposed action and inviting comments on the Seymour-Ten Mile CDNST project was mailed to individuals and groups, including federal and state agencies, environmental organizations and adjacent landowners. In addition, as part of the public involvement process, a news release was sent to local radio, news and print media inviting public involvement for developing this project. Twenty-three people commented on the scoping notice. Using the comments from the public and other agencies, the interdisciplinary team developed a list of issues to analyze in the EA. The interdisciplinary team examined potential effects of the proposed route and No Action on the key issues of (1) recreation opportunity and experience; (2) impact to wildlife; and (3) noxious weeds. A copy of each comment and summary of issues resulting from these Page 5 of 12

6 comments is located in the project file. The scoping comments did not result in the need for the development of additional alternatives to be analyzed. The March 2013 EA was mailed to 29 people who had previously expressed interest in the analysis. In addition, a legal notice was published March 13, The public was allowed 30 days to comment on the EA. Comments were received from three individuals and organziations in respose to the Environmental Assessement published in March of The Forest read, considered, and responded to all comments received. No changes were made to the analysis, but clarification was added regarding non-motorized use and one design criteria to monitor use conflicts. All letters and s in their entirety are available in the project record at the Wise River Ranger District in Wise River, Montana. FINDING OF NO SIGNIFICANT IMPACT Based on the interdisciplinary environmental analysis, review of the National Environmental Policy Act (NEPA) criteria for significant effects, and my knowledge of the expected impacts, I have determined that this action does not pose a significant effect upon the quality of the human environment. Therefore, an Environmental Impact Statement will not be prepared. This determination is based on the following factors: CONTEXT The significance of an action must be analyzed in several contexts such as society as a whole, the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short and long-term effects are relevant: The disclosure of effects in the EA found the proposed action to be limited in context. The setting of this project is localized with implications only for the immediate area. The impacts associated with this project are short-term and local and are not likely to significantly affect regional or national resources. The actions involved in this decision are consistent with management direction contained in the Revised Forest Plan. The implementation of the proposed action will result in the new construction of approximately 12 miles of trail. The overall anticipated disturbance area is estimated to be approximately 11.5 acres for the entire study area. Project duration is expected to be 2 to 3 years, depending on weather and funding. Although the project holds regional and national interest, the people most affected by the project would be primarily Montana residents and through-hikers on the CDNST. INTENSITY Intensity refers to the severity of impact. Responsible officials must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following are considered in evaluating intensity (40 CFR ): Environmental Effects The decision meets the intent of goals and objectives outlined in the 2009 Revised Land and Resource Management Plan for the Beaverhead-Deerlodge National Forest. I find that the proposed action can be carried out without any significant effects to social, economic, cultural, and natural resources as documented in the EA. Page 6 of 12

7 Trail construction would result in an improvement of recreation opportunities and user satisfaction. It will alsoincrease non-motorized recreation opportunities by 12 miles, and connect the CDNSTfrom the western boundary of Mount Haggin Wildlife Management Area at the head of the Six Mile drainage, to the Anaconda Pintler Wilderness at Seymour Creek. Trail construction activities could cause minor, mostly short-term impacts if sensitive wildlife species or habitats are present. Design criteria for wildlife are presented in the EA and Revised Forest Plan direction will minimize any adverse impacts. The overall increase in trails could accelerate the dispersion of noxious weeds. To reduce weeds in the project area, all equipment will be washed prior to working on the project, the area will be monitored and weed treatment follow-up will occur. Environmental effects associated with the project are discussed in the EA. These impacts are within the range of those identified in the Revised Forest Plan and will not have significant impacts. Public Health or Safety This action does not pose a substantial question or significant effect on public health or safety. It would, however, have some benefits to public safety, by providing a formalized trail system consisting of clearly designated non-motorized trail. The project is designed to provide a trail that is safe, environmentally sound, and meets Forest Service Manual standards for grade, clearing, and trail width. Unique Characteristics of the Area There are no unique characteristics of the geographical area that will be significantly affected by the proposed actions. Historic or cultural resources will not be affected because sites will be avoided and mitigation measures (EA pages 12 to 15) will be implemented to ensure that any eligible or potentially eligible heritage sites are not disturbed. There are no park lands, no prime farmlands, no ecologically critical areas, and the area is not being considered for Wild and Scenic River designation. No negative effects to water quality are expected. Beneficial uses will be fully protected by the design, implementation, and best management practices associated with the selected alternative (EA pages 15; 19 and 20; and 40 to 43). Controversy Based on internal discussion and the analysis of the actions in this decision, the effects on the human environment are not likely to be considered highly controversial by professionals, specialists, and scientists. Due to the limited scope of the proposed action, significant effects to the human environment are not anticipated. It is my judgment that there is not an unusual or high degree of controversy related to this project. Uncertainty Scoping did not identify highly uncertain, unique or unknown risks. The possible effects on the human environment are not highly uncertain nor do they involve unique or uncertain risks. The technical analyses conducted for determinations of the resources are supportable with use of accepted techniques, reliable data, and professional judgment. Impacts are within the limits that are considered thresholds of concern. Therefore, I conclude there are no highly uncertain, unique, or unknown risks. Page 7 of 12

8 Precedent The implementation of this decision is not precedent setting and does not represent any future decisions. The EA is site specific and its actions incorporate practices within the management direction and standards and guidelines included in the Revised Forest Plan. Any other proposals for this area will have to be evaluated through separate NEPA processes. The decision to be made is within the scope of the Revised Forest Plan and is not expected to establish a precedent for future actions. The decision to be made does not represent a decision in principle about a future consideration. Cumulative Impacts A cumulative effects analysis was conducted for this project. There are no known significant cumulative effects between this project and other projects implemented or planned in the area. Other known and reasonably foreseeable activities were considered and documented (EA pages 11 and 12). I am satisfied, after reviewing the EA, that none of the cumulative effects of the decisions are significant. Properties On or Eligible for National Register of Historic Places; Significant Scientific, Cultural or Historical Resources No cultural resources are expected to be affected by this action. Prior to any ground disturbing activities, Section 106 compliance process will be completed. If cultural resources are found when implementation begins, work will be stopped. Forest Service archeologists will be consulted and appropriate mitigation measures will be implemented to protest these resources under the requirements of Federal Law. Endangered or Threatened Species I find that the action will not jeopardize the continued existence of any federally listed, proposed endangered or threatened species of wildlife, fish, or plant species. Nor would it adversely modify critical habitat. The project record contains the Biological Assessments and Biological Evaluations. Legal Requirements for Environmental Protection Implementation of the proposed action will not violate any Federal, State, or local laws or requirements imposed for the protection of the environment. Applicable laws and regulations were considered in the EA (pages 57 and 58). This project is fully consistent with the 2009 Revised Land and Resource Management Plan for the Beaverhead- Deerlodge National Forest (EA project file). The project will comply with Best Management Practices and design criteria thereby complying with Clean Water Act requirements within the project area. Based upon the review of the test for significance and the environmental analyses conducted, I have determined that the actions analyzed for the Seymour-Ten Mile CDNST project are not a major Federal action and that implementation will not significantly affect the quality of the human environment. Accordingly, I have determined that an Environmental Impact Statement is not necessary for this project. Page 8 of 12

9 FO REST PLAN C ONSISTENCY This project was designed in conformance with Forest Plan standards. As such, my decision to proceed with the Proposed Action is consistent with the Forest Plan and the National Forest Management Act. In reaching my decision, I have thoroughly read and understand the EA and all the associated materials contained in the project file for the proposed action. The analysis documented in the EA is tiered to the 2009 Final Environmental Impact Statement for the Beaverhead-Deerlodge Land and Resource Management Plan (40 CFR , 40 CFR and 40 CFR ). My decision to implement the Seymour-Ten Mile CDNST project, including all design features listed in the EA, pages 12 to 15, is consistent with goals, objectives, and standards described in the 2009 Beaverhead-Deerlodge National Forest Revised Land and Resource Management Plan. OTHER FINDINGS REQUIRED BY LAW, REGULATION, AND PO LIC Y National Environmental Policy Act This Act requires public involvement and consideration of potential environmental effects. This document and the project record provide documentation for this decision which supports compliance with this Act. A Finding of No Significant Impact (FONSI) and EA were considered. I determined these actions will not have a significant effect on the quality of the human environment, and an Environmental Impact Statement (EIS) will not be prepared. National Forest Management Act The Beaverhead-Deerlodge National Forest Land and Resource Management Plan (Forest Plan) was approved in 2009, as required by this Act. The Forest Plan has been reviewed in consideration of this project and the project meets all applicable management direction found in the 2009 Beaverhead-Deerlodge Forest Plan including consistency with all applicable standards. On April 9, 2012 the Department of Agriculture issued a final planning rule for National Forest System land management planning (2012 Rule) 77 FR 68 [ ]). None of the requirements of the 2012 Rule apply to projects and activities on the Beaverhead-Deerlodge National Forest, as the 2009 Beaverhead-Deerlodge Forest Plan was developed under a prior planning rule (36 CFR (c)). Furthermore, the 2012 Rule explains, [The 2012 Rule] supersedes any prior planning regulation. No obligations remain from any prior planning regulation, except those that are specifically included in a unit s existing plan. Existing plans will remain in effect until revised (36 CFR ). National Trails System Act The selected alternative complies with Section 7(a)(2) of the National Trails System Act which states, Development and management of each segment of the National Trails System shall be designed to harmonize with and complement any established multiple-use plans for the specific area in order to insure continued maximum benefits from the land. Page 9 of 12

10 National Historic Preservation Act, Archaeological Resources Protection Act, and Native American Graves Protections and Repatriation Act Qualified professionals have completed a standard Class I review of existing documents and records on file at the Forest and the Montana State Historic Preservation Office. Native American communities have been contacted and public comment encouraged. The decision meets the intent of the National Historic Preservation Act, Archaeological Resources Protection Act, and Native American Graves Protections and Repatriation Act. Clean Water Act and State Water Quality Standards The intent of the Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices (BMPs). This decision incorporates Best Management Practices to ensure protection of soil and water resources and complies with the Clean Water Act and State water quality standards. Endangered Species Act This project is consistent with the requirements of the Endangered Species Act as described on page 9 above and in the Wildlife Analysis Report in the project record. Environmental Justice (Executive Order 12898) This Order requires consideration of whether projects would disproportionately affect minority or low-income populations in or around the project area. Based on internal review and public scoping, the proposed action did not identify any adversely impacted local minority or lowincome populations. The Executive Order also directs agencies to consider patterns of subsistence hunting and fishing when an agency action may affect fish or wildlife. The project will not alter opportunities for subsistence hunting and fishing by Native American tribes. Sensitive Species (Forest Service Manual 2670) This direction requires analysis of potential impacts to sensitive species and the Regional Forester approved the sensitive species list on January 4, 2011 and the US Fish and Wildlife Service Threatened, Endangered and Sensitive (TES) species list for the BDNF (7/2/13). Our review of the potential effects of this decision upon the sensitive species has been completed and the analysis documented in the EA and project record. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES This decision is subject to appeal pursuant 36 CFR 215. A written appeal must be submitted within 45 days following the publication date of the legal notice of this decision in the Montana Standard, Butte, MT). It is the responsibility of the appellant to ensure their appeal is received in a timely manner. The publication date of the legal notice of the decision in the newspaper of record is the exclusive means for calculating the time to file an appeal. Appellants should not rely on date or timeframe information provided by any other source. Paper appeals must be submitted to: USDA Forest Service, Northern Region, ATTN: Appeal Deciding Officer, P.O. Box 7669, Missoula, MT Or USDA Forest Service, Northern Region, ATTN: Appeal Deciding Officer, 200 East Broadway, Missoula, MT Office Page 10 of 12

11 hours are 7:30 a.m. to 4:00 p.m., Monday through Friday. Electronic appeals must be submitted to: Faxed appeals must be submitted to: Fax: (406) In electronic appeals, the subject line should contain the name of the project being appealed. An automated response will confirm your electronic appeal has been received. Electronic appeals must be submitted in MS Word, Word Perfect, or Rich Text Format (RTF). It is the appellant's responsibility to provide sufficient project- or activity-specific evidence and rationale, focusing on the decision, to show why my decision should be reversed. The appeal must be filed with the Appeal Deciding Officer in writing. At a minimum, the appeal must meet the content requirements of 36 CFR , and include the following information: the appellant s name and address, with a telephone number, if available; a signature, or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the appeal); when multiple names are listed on an appeal, identification of the lead appellant and verification of the identity of the lead appellant upon request; the name of the project or activity for which the decision was made, the name and title of the Responsible Official, and the date of the decision; the regulation under which the appeal is being filed, when there is an option to appeal under either 36 CFR 215 or 36 CFR 251, subpart C; any specific change(s) in the decision that the appellant seeks and rationale for those changes; any portion(s) of the decision with which the appellant disagrees, and explanation for the disagreement; why the appellant believes the Responsible Official s decision failed to consider the comments; and how the appellant believes the decision specifically violates law, regulation, or policy. If an appeal is received on this project there may be informal resolution meetings and/or conference calls between the Responsible Official and the appellant. These discussions would take place within 15 days after the closing date for filing an appeal. All such meetings are open to the public. If you are interested in attending any informal resolution discussions, please contact the Responsible Official or monitor the following website for postings about current appeals in the Northern Region of the Forest Service: IMPLEMENTATION DATE If no appeal is filed within the 45-day time period, implementation of the decision may begin on, but not before, the 5th business day following the close of the appeal-filing period. If an appeal is filed, implementation may occur on, but not before, the 15th business day following the date of appeal disposition. CONTACT PERSON Supporting documentation for this decision is available for public review at the Wise River Ranger District, Montana Highway 43, P.O. Box 100, Wise River, Montana, during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) Page 11 of 12

12 Further information about this decision can be obtained from Nathan Gassmann, Wisdom Ranger District, P.O. Box 100, Wise River, Montana, 59762, phone (406) or RESPONSIBLE OFFICIAL /s/ Timothy P. Garcia August 16, 2013 TIMOTHY P. GARCIA Acting Forest Supervisor Date Non-Discrimination Policy The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) To File an Employment Complaint If you wish to file an employment complaint, you must contact your agency's EEO Counselor (PDF) within 45 days of the date of the alleged discriminatory act, event, or in the case of a personnel action. Additional information can be found online at To File a Program Complaint If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C , by fax (202) or at program.intake@usda.gov. Persons with Disabilities Individuals who are deaf, hard of hearing or have speech disabilities and you wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) or (800) (in Spanish). Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by . If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) (voice and TDD). Page 12 of 12