Burro fire near Tucson closes road to Mt. Lemmon

Above: 3-D map of the Burro Fire showing the perimeter at 8:30 p.m. MDT July 2, 2017. Looking southwest.

(Originally published at 8:20 a.m. MDT July 3, 2017.)

The Burro Fire is causing evacuations near Tucson, Arizona in the Mt. Lemmon area. The fire was reported June 30 on the southeast side of Mt. Lemmon in the foothills of Redington Pass and as of 8:30 p.m. MDT on Sunday had spread for six miles to within a mile of the Mt. Lemmon Highway. At that time it had burned about 11,300 acres according to an overnight mapping flight, which is an increase of over 6,000 acres from the last estimate. Monday morning the Incident Management Team estimated it had grown to about 14,000 acres.

The Burro Fire is 6 miles northeast of the outskirts of Tucson and 20 miles east of Interstate 10.

Burro Fire Mt Lemmon Tucson Arizona June 2, 2017
Burro Fire, July 2, 2017. Inciweb photo.

The Pima County Office of Emergency Management’s notices on their Facebook page are a little vague about what areas are being evacuated and when, but a news release from the Incident Management team said Summerhaven is being evacuated as well as the Mt. Lemmon Highway from Mile Marker 0 up to Palisades Road. Other locations are on a pre-evacuation notice. Residents can call 928-351-7537 for more information.

Map Burro Fire
Map of the Burro Fire, showing the perimeter at 8:30 p.m. MDT July 2, 2017.

Tree falling on dozer starts fire in Colorado

Above: Air Tanker 02, a BAe-146, makes a drop on the Mill Creek Fire. Screen shot from the Joel Reichenberger video below.

(Originally published t 9:34 a.m. MDT July 2, 2017)

The Mill Creek Fire in Colorado started Saturday when a tree fell on a bulldozer that was working in the area, according to a spokesperson from the West Routt Fire Protection District. The dozer was destroyed as the blaze spread northwest of Pilot Knob near Routt County Road 80.

The fire is 13 miles northeast of Hayden and 20 miles northwest of Steamboat Springs.

Map Mill Creek Fire Colorado
Map showing the location of the Mill Creek Fire at 3:24 a.m. MDT July 2, 2017.

As of Saturday night 116 acres had burned. Steamboat Today reported that two hotshot crews will be assigned on Sunday.

Drone operator arrested for interfering with firefighting aircraft

Gene Alan Carpenter
Gene Alan Carpenter

A man was arrested in Prescott, Arizona for flying a drone into the airspace near the Goodwin Fire that as of Friday had burned over 25,000 acres southeast of the city.

Gene Alan Carpenter, a 54-year-old from Prescott Valley, is accused of endangering 14 aircraft and ground personnel with a “substantial risk of imminent death or physical injury” by flying a drone near or over the fire. All firefighting aircraft had to be grounded for about an hour on Wednesday, June 28.

In 2016 Arizona passed a law making it illegal to fly a drone that interfered with emergency or law enforcement efforts. It is likely that a Temporary Flight Restriction was in effect over the fire at that time which would make it a violation of federal law for any aircraft to invade the space without permission.

If a drone collided with a firefighting helicopter or fixed wing aircraft it could cause great harm especially if it hit a windshield or engine. And if the aircraft crashes, killing the pilots, firefighters on the ground would also be in danger from the falling debris.

The safety of firefighters is compromised when all of the helicopters, lead planes, air attack, and air tankers are grounded, preventing the aircraft from slowing the fire so that firefighters can move in and construct fireline. When aircraft and ground personnel disengage, homes and private property could be destroyed that might otherwise have been saved with an aggressive firefighting attack. Some air tankers when grounded by an intruding aircraft can’t land with a full load of retardant, so they have to jettison it, wasting thousands of dollars worth of the product.

On June 24 multiple witnesses reported seeing a man operating a drone at the Goodwin Fire standing next to a white van.

Below is an excerpt from an article at 12news:

The sheriff’s office said based on witness information, drone descriptions and photos from Carpenter’s website showing drone views of the Goodwin Fire, deputies began searching for him.

Carpenter was arrested Friday afternoon after an off-duty deputy spotted his van on Willow Creek Road in Prescott. The drone was found in the van and seized.

Detectives are meeting with federal officials Monday to discuss additional charges based on the federal statutes regarding temporary flight restrictions.

Mr. Carter is in custody at Yavapai County facilities at Camp Verde, Arizona charged with 14 counts of endangerment, all felonies, and one misdemeanor.

Wildfire potential July through October

Potential wildfire July

 

On July 1 the Predictive Services section at the National Interagency Fire Center issued their Wildland Fire Potential Outlook for July through October. The data represents the cumulative forecasts of the ten Geographic Area Predictive Services Units and the National Predictive Services Unit.

If it is accurate firefighters could be busy at times in California, the Great Basin, and the Northern Rockies.

Below are:

  • the highlights of the NIFC report;
  • NIFC’s graphical outlooks for July through October;
  • Drought Monitor, and;
  • NOAA’s long range temperature and precipitation forecasts.

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Fire activity across the West began to increase significantly in June as preexisting dry conditions along with record setting heat events allowed for the fuels to become critically dry across portions of the Southwest, southern Great Basin, and Southern California. By month’s end, fire activity began its usual expansion northward as fires became more frequent in the lower and middle elevations. Several wetting systems slowed fire activity in Alaska. The fire season in Georgia and Florida diminished as multiple wetting rain events relieved the pre existing drought conditions.

Timely precipitation along with above average soil moisture has led to the growth of an abundant crop of fine fuels across much of the west. Periodic cooler than average temperatures across the northwestern portion of the country has slowed curing and drying rates in the grasses and has continued to slow the melting rates of the remaining snowpack. The southwestern states, however, have been drier and more continuously warm than average for several months making fuels more receptive to fire activity. Due to below average precipitation received across the Great Plains portions of eastern Montana and the Dakotas should be monitored closely for a possible increase in fire activity in July. The eastern U.S. been largely milder than average as several frontal systems produced significant rainfall.

Above normal significant fire potential is expected across a large portion of the rangelands of the west through August before trending toward normal in September and October with seasonal changes that bring wetting precipitation. The Southwest can expect a typical end to its fire season as monsoonal moisture becomes more firmly established by the end of July. Higher elevations across northwestern states will continue to experience below normal significant fire potential in July followed by normal potential for August as high elevation heavy fuels begin to dry out. A normal reduction of fire activity is expected in September across much of the west. The eastern half of the nation is in full green-up and fuels are generally not receptive to significant fire activity. Expect these conditions to persist into fall.

wildfire potential August wildfire potential September October

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Drought Monitortemperature outlook precipitation outlook

Charges dropped against 2 teens initially thought to have started wildfire that burned into Gatlinburg

Chimney Tops 2 Fire August 27, 2016
Chimney Tops 2 Fire November 27, 2016. Photo by Brett Bevill.

The local prosecutor for the Gatlinburg area announced Friday that he has decided to drop the charges against the two teenaged boys initially thought to be responsible for starting the Chimney Tops 2 Fire that five days later burned into the city in eastern Tennessee killing 14 people, forcing 14,000 to evacuate, destroying or damaging 2,400 structures, and blackening 17,000 acres.

The logic used by Fourth Judicial District Attorney General Jimmy Dunn was that since other fires in the Gatlinburg area were caused by downed wind-blown power lines, it could not be proved that any one particular fire caused specific deaths or property damage.

The arson charge would be within the jurisdiction of the Federal government since it occurred on land administered by the National Park Service.

U.S. Attorney Nancy Stallard Harr issued a statement saying, “the U.S. Attorney’s Office is in communication with the District Attorney General’s office. A review of the evidence in this case will have to take place in order to determine whether it is appropriate to seek approval from the Attorney General to prosecute juvenile offenders in federal court.”

Mr. Dunn also issued a statement, reading in part:

…the unprecedented, unexpected and unforeseeable wind event that started in the early morning hours of November 28,2016, approximately four and a half days after the initial origin of the fire, was the primary reason of the Chimney Tops II fire traveled outside the park into Gatlinburg. But for the winds that reached speeds in excess of 80 miles per hour, it is highly unlikely and improbably that the Chimney Tops II fire would have left the Great Smoky Mountains National Park and reached Gatlinburg.

Greg Salansky, Fire Management Officer for Great Smoky Mountains National Park, said the evening of November 26 he received word that a wind event was in the forecast for the afternoon of the 28th. The winds arrived very early in the morning on the 28th, about 12 hours before they were predicted to begin.

Below is the complete statement issued by District Attorney General Jimmy Dunn today:

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“For the past seven months, an investigation has been underway into the origin, cause and consequences of a fire that started on November 23, 20165, in an area of the Great Smoky Mountains National Park referred to the Chimney Tops. The investigation is now complete the investigation was led by the Tennessee Bureau of Investigation with the assistance of the National Park Service and local law enforcement, as well as various other local, state and federal agencies. The investigation involved thousands of investigative hours, over 100 witness and expert interviews across multiple states, thousands of potential witnesses, as well as thousands of pages of documents, records photographs and hours of video evidence and audio recordings.

After a comprehensive review of all of the evidence gathered and presented by the Tennessee Bureau of Investigation, Gatlinburg Police Department, Pigeon Forge Police Department, Sevier County Sheriff’s Office, the State, in consultation with other law enforcement agencies and various experts in wildfire progression, has determined that the unprecedented, unexpected and unforeseeable wind event that started in the early morning hours of November 28,2016, approximately four and a half days after the initial origin of the fire, was the primary reason of the Chimney Tops II fire traveled outside the park into Gatlinburg. But for the winds that reached speeds in excess of 80 miles per hour, it is highly unlikely and improbably that the Chimney Tops II fire would have left the Great Smoky Mountains National Park and reached Gatlinburg.

Because of this intervening weather event, the State is unable to prove the criminal responsibility of two juveniles beyond a reasonable doubt for the devastation that occurred outside the Great Smoky Mountains National Park. In addition to the wind, the State’s cause is further complicated by the fact that there were other fires in the area and other confirmed ignition points in the Gatlinburg area from multiple downed power lines that were felled by the wind. Some of these fires appear to have erupted prior to the fire from the Park breaching the Gatlinburg city limits. Once the investigation confirmed multiple fires with multiple points of origin, it became impossible to prove which fire may have caused the death of an individual or damage to a particular structure. Based upon this evidence, the State’s case was narrowed to prosecuting conduct that occurred wholly within the Great Smoky Mountains National Park.

Once the State determined that is prosecution may be limited to conduct and actions occurring within the Great Smoky Mountains National Park, the District Attorney’s Office conducted additional research and investigation into jurisdictional issues regarding criminal prosecution by the State for actions or events that occur wholly within National Park land. This investigation and research revealed the existence of two documents or “Memoranda of Agreement” regarding concurrent criminal jurisdiction between the State of Tennessee and the National Park Service. One of these documents specifically lists the Great Smoky Mountains National Park as being part of a concurrent criminal jurisdiction agreement between the State of Tennessee and the National Park Service on behalf of the Federal Government. The second of these documents is an exact duplicate of the first, save one critical difference: it does not include the Great Smoky Mountain National Park in the agreement. Eleven other National Park Service on behalf of the Federal Government. The second of these documents is an exact duplicate of the first, save one critical difference: it does not include the Great Smoky Mountain National Park in the agreement. Eleven other National Park Service properties are listed on each document. It is unclear how both of these documents got into circulation, but it is clear that both have been used by various agencies in different contests.

After becoming aware of these competing documents, the State notified the Defense immediately and sought advice from the State Attorney General’s Office as well as the U.S. Attorney’s Office as to which document was controlling and whether or not the State could prosecute criminal acts that occur within the Great Smoky Mountains National Park. After reviewing the documents, both the State Attorney General’s Office and the U.S. Attorney’s Office advised that it was their respective opinions that the State of Tennessee does not have jurisdiction to prosecute criminal acts that occur wholly within the boundaries of the Great Smoky Mountains National Park. Therefore, any prosecution for criminal conduct occurring entirely within the boundary of the Great Smoky Mountains National Park must be initiated by the federal government.

Based upon these findings, the State has no other option but to dismiss the charges currently pending in state court as there is no subject matter jurisdiction that would allow the state court to take any action. To retain jurisdiction, the State must be able to prove beyond a reasonable doubt that at least one element of a criminal offense occurred outside of the Great Smoky Mountains National Park and within the State’s jurisdiction. The State has concluded that this burden cannot be met due to the intervening weather event that occurred before any fire reached the State’s jurisdiction. Therefore, the decision to prosecute any individuals alleged to have caused a fire within the Great Smoky Mountain National Park is now within the purview of the United States Department of Justice.

The District Attorney’s Office for the Fourth Judicial District would like to thank all agencies, law enforcement and otherwise, including the TBI, the National Park Service, the Sevier county Sheriff’s Office (with special recognition for the outstanding work done by the GIS Division), the Gatlinburg Police Department, the Pigeon Forge Police Department, the Pittman Center Police Department, the Department of the Interior, the Bureau of Alcohol, Tobacco and Firearms and the Tennessee Department of Agriculture, Division of Forestry, for their incredible hard work in investigating this unprecedented event. This office would also like to thank and commend the hundreds of firefighters and police officers from the national, regional, state and local levels for their extraordinary bravery and courage in confronting these fires.”