Repercussions of a government prescribed fire that escapes and burns private property

In 2010 a prescribed fire on the Helena National Forest escaped and burned approximately 450 acres of private property.

Davis Fire, Aug. 26, 2010
Davis 5 Fire, Aug. 26, 2010. Photo: markholyoak

On August 26 and 27, 2010 the Davis 5 prescribed fire on the Helena National Forest in Montana escaped control 28 miles northwest of Helena. It happened on a windy day during Fire Weather Watch conditions when the temperature in Helena set a record for the highest ever recorded on that date .

(Articles on Wildfire Today tagged “Davis 5 prescribed fire”)

The project that was expected to treat 100 acres eventually burned about 1,600 acres of U.S. Forest Service land and approximately 450 acres of private property.

Today the Helena Independent Record and the Missoulian published an article written by Tim Kuglin that retells the story of the Davis 5 Fire. Mr. Kuglin concentrated on the effects on the private landowners and their battles, largely unsuccessful, to obtain reparations from the federal government.

The post-fire report commissioned by the U.S. Forest Service, as is the custom with federal land management reports about fires that have bad outcomes, did not outline many significant issues or bad decisions that led to the escape.

Davis fire
Firemen line the Stemple Pass Road August 26, 2010, on the Davis Fire. Dylan Brown photo.

Most of Kent Taylor’s 146 acres burned in the fire. After being rebuffed by the USFS he went to court to seek payment for damages. Senior U.S. District Judge Charles Lovell decided on March 22, 2015 that the U.S. is immune from the suit, writing in his decision:

The Court concludes that Plaintiff has failed to demonstrate that the Forest Service was negligent either in conducting the Davis 5 Unit prescribed burn or in fighting the escaped fire once it occurred or that the Forest Service violated any mandatory policy or prescription. In addition, and more significantly, strict liability does not apply and the discretionary function exception applies to bar Plaintiff’s tort claims.

The court decision, the official USFS report, and the recent newspaper article did not seriously consider two issues that we mentioned in 2010:

1. The first was the failure to take notice of the spot weather forecast that was issued at 10:43 a.m. Wednesday on the day of the burn, just before the firefighters ignited the test burn. That forecast predicted stronger winds than in the forecast that was issued the previous day which was for “winds upslope 3 to 6 mph, ridge top winds southwest 5 to 10 mph with gusts to 15 mph”. Here is what Wednesday morning’s forecast predicted for the day of ignition (the all-caps are from the weather forecast):

WIND (20 FT)……..SOUTHWEST WINDS 10 TO 15 MPH WITH AFTERNOON GUSTS 20 TO 25 MPH.
RIDGE TOP WIND……WEST AT 15 TO 20 MPH.

The report says:

The prescribed fire personnel stated they did not note any differences between the two forecasts.

That forecast also stated that on the following day, Thursday, the winds in the afternoon would be 30 to 35 mph.  The maximum wind speed allowed in the prescription for the project was 15 mph, which, from my experience, is quite high for a prescribed fire.

2. The second issue is the fact that they knew on Tuesday, the day before the burn began on Wednesday, that near record heat and a Fire Weather Watch with gusty southwest winds was forecast for Thursday. This Watch was upgraded to a Red Flag Warning on Wednesday afternoon after ignition had begun. Even in a best case scenario, if there had been no spot fires or other control problems on Wednesday, the 30 to 35 mph winds predicted for the day after ignition should have alerted experienced fire management personnel that the winds across the 100-acre prescribed fire could have caused embers to be blown across the lines, resulting in the fire escaping. Control would have been difficult in 30 to 35 mph winds.

South Monroe prescribed fire

These photos were taken yesterday at the South Monroe Mountain Aspen Prescribed Fire on the Fishlake National Forest in central Utah.

Here is the official Forest Service description of the project:

“The purpose of this prescribed fire project is to restore aspen ecosystems on Monroe Mountain by reintroducing fire to the aspen ecosystems through prescribed burning to reduce hazardous fuel accumulations thus reducing the risk to life, property and natural resources, while promoting aspen regeneration. Prescribed fire treatments will be implemented utilizing aerial and/or hand ignition techniques targeting spruce/mixed conifer and seral aspen with mosaic burn patterns and mixed burn severities as an objective. Prescribed fire will occur when 60 percent of the area will be expected to burn leaving 40 percent of the area unburned. The prescribed fire plan also includes burning of slash piled activity fuels.”

The photos were provided by Utah Fire Information.

South Monroe prescribed fire
South Monroe prescribed fire, Fish Lake National Forest, Utah, November 12, 2017. Photo provided by @UtahWildfire.

Time-lapse of prescribed fire in southwest Colorado

The video shows a time-lapse of a prescribed fire in Lone Mesa State Park in the Groundhog Reservoir area. (map)

It is burning season in British Columbia

The map above shows the number of current registrations for Category 3 open fires in British Columbia. Registrations are required for a fire that burns material in piles larger than two meters high and three meters wide, windrows, or grass over an area larger than 0.2 hectares (0.49 acres) in size.

Most areas in southern British Columbia are expecting to receive precipitation over the next couple of days, so landowners are probably wanting to get the burns in before the rain or snow.

The BC Wildfire Service sent out a notice Friday morning saying, “Burn Registration line is currently receiving a high volume of calls. Pls be patient if you are waiting in queue.”

bc weather forecast

Prescribed fire video from Texas

Above: screen shot from the video.

The Texas Department of Parks and Wildlife has distributed a six-minute video about prescribed fire with an interesting title: The Business of Burning. It is beautifully photographed and is apparently intended to introduce good fire to those who are unfamiliar with the concept.

Some may think the repeated use of the term “grunt” to describe young firefighters is politically incorrect.

Chris Schenck, the department’s Statewide Fire Program Leader, said the video has been in production for a year. Their goal is each year to treat with prescribed fire 30,000 acres of Public Lands Wildlife Management Areas.

Revisiting the Norbeck prescribed fire

In case you missed it, here is the video we shot at a prescribed fire in South Dakota in 2014.

The Alpine Hotshots, a National Park Service hotshot crew from Colorado, is shown using drip torches to ignite vegetation on the Norbeck Section 2 prescribed fire. The project which began October 20, 2014 involved almost 2,000 acres in Custer State Park, Wind Cave National Park, Black Hills National Forest, and private land.

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