A telephone company that is being sued by landowners for allegedly causing the Legion Lake Fire claims the 54,000-acre fire was caused by an “act of God”.
There is no question that a tree falling on a Black Hills Energy power line created sparks which ignited the fire December 11, 2017 in Custer State Park in the Black Hills of South Dakota. Three families claim in the lawsuit that Mt. Rushmore Telephone Company weakened the root system of the Ponderosa pine by digging a utility trench, making it less resistant to strong winds which were present when the fire started.
Below are excerpts from an article in the Rapid City Journal:
In its response, attorneys for Black Hills Energy deny almost everything in the pleading documents, save that a tree fell on a company power line. BHE contests their liability and suggests the plaintiffs themselves should be viewed as equally if not more guilty for their damage in the Legion Lake Fire. “Plaintiffs failed to mitigate their damages,” attorneys for Black Hills Energy write, “and any damages resulting from Plaintiffs’ failure to mitigate their damages may not be recovered.” Mt. Rushmore Telephone Company’s response is even shorter, arguing the Legion Lake Fire was “the result of an act of God.”
The 10,000 acres of private land that burned in the fire is used for raising cattle and many land owners lost pastures, fences, and winter hay.
More than half of the portion of Custer State Park that was available for their bison herd burned, and park officials asked for hay donations to help the animals get through the winter. Over 8,000 acres of Wind Cave National Park also burned in the Legion Lake Fire and in the earlier Rankin Fire, but park spokesperson Tom Farrell said they still had plenty of forage in reserve for the 260 elk and 350 bison.
A trail camera was activated on April 4 in Custer State Park in the Black Hills of South Dakota in the area that burned in the 54,000-acre Legion Lake Fire that started on December 11, 2017. The device was activated by movement, so wildlife wandering by triggered the shooting of several still images, giving us a time-lapse of green-up following the fire.
It’s amazing to see how fast the prairie turned green after the fire! Park staff left this trail cam in place from April 4th until today.
Above: One of the private ranches on Lame Johnny Road affected by the Legion Lake Fire.
(Originally published at 3:00 p.m. MST December 19, 2017.)
The Legion Lake Fire that burned over 54,000 acres in the Southern Black Hills of South Dakota is 100 percent contained and is just about wrapped up in regards to fire suppression.
But some of the effects will linger on for many months. Fences are being repaired, the entire burro herd in Custer State Park of nine animals is being treated for burns, and private landowners are assessing their losses.
More than half of the portion of Custer State Park that is available for their bison herd burned in the fire, and park officials are asking for hay donations to help the animals get through the winter. (Scroll down to see donation information.) Over 8,000 acres of Wind Cave National Park burned in this fire and in September’s Rankin Fire, but park spokesperson Tom Farrell said they still have plenty of forage in reserve for the 260 elk and 350 bison.
Almost 10,000 acres of private land primarily used for ranching burned in the fire east of the two parks and west of Highway 79.
One of the strategies used by the Type 2 Incident Management Team was to conduct large-scale burnouts, often from roads some distance from the fire. The fire started Monday December 11, and their plan on Tuesday when the fire was 4,000 acres, was to quadruple the size to 15,000 to 16,000 acres by burning out one to four miles out ahead of the blaze. Strong winds Tuesday night blew the fire past the roads targeted in that strategy. After the rapid expansion the IMT had to choose other roads from which to burnout, which in some cases were also a significant distance from the fire.
On Wednesday, Thursday, and Friday the Incident Management Team (IMT) conducted burnouts in several areas from roads and trails in both parks and on the private land to the east which is primarily used for ranching. This had the effect of containing those sections of the perimeter perhaps more quickly than it could have been done if direct lines on the fire’s edge were constructed by hand crews, engines with water, or by using dozers, but in some cases it burned grass, pastures, and acres that would not have been lost with direct firelines.
Finding enough firefighting resources for a large fire in South Dakota in December is very difficult. The very large Thomas Fire burning hundreds of thousands of Southern California acres could have complicated the process of ordering out-of-region fire suppression resources. In addition to numerous engines, including at least one from New Mexico, the IMT only had portions of three local hand crews.
Two large air tankers arrived at the Rapid City Air Tanker Base late in the day on Monday, the day the fire started. They were not used Monday or Tuesday, and made five drops Wednesday on the south end of the fire north of the 7-11 Road. The 3,000-gallon air tankers were not used after that. The two planes were not available at the same time for part of their assignment at Rapid City. The RJ85, Tanker 163, had a mechanical issue on Tuesday and was down for a few hours, and the MD-87, Tanker 101, was on a mandatory day off Thursday.
We asked Rob Powell, the Incident Commander on the IMT, about burnouts that were used on the east side of the fire, including private land, Wednesday afternoon through Friday.
We tried to keep it from going east any farther. There were some burnouts off highway 79 to strengthen 79… Once it crossed the Wildlife Loop [Road in Custer State Park] our next line of defense was 79 and didn’t want it to get any farther down French Creek, Lame Johnny and all that stuff.
We realized that in order to save grass we were going to sacrifice some but we tried to do as minimal as we possibly could.
Silvia Christen, Executive Director of the South Dakota Stockgrowers Association, has been in contact with some of the ranchers in the nearly 10,000 acres of private land that burned. She said:
Landowners have lost quite a bit of grass, and that is their grazing for the winter, of course. A lot of hay bales burned up which many ranchers had to purchase this year because of the drought conditions and now they will have to purchase more to replace the hay that was lost.
There has been some concern that in some instances or in quite a few instances especially on the eastern edge of the fire that when the wind had gone down — clearly when it blew up Tuesday night there was very little that could be done — but by Wednesday and Thursday and the fire was relatively under control we’re getting reports that some of the local volunteer departments had extinguished the fire and it was relit in order to burn off certain areas that were on private land. I think that once emotions calm down about the whole situation and we can take a good look at it I think we need to have some discussions about how those decisions were made.
Individuals who wish to donate hay to those impacted by the fire should contact Farm Rescue at email@example.com or 701.252.2017. They can also visit Farm Rescue’s website to make an online monetary donation.
Above: file photo of one of the burros in Custer State Park, September 13, 2017.
(Originally published at 2:30 p.m. MST December 16, 2017)
All of the burros in Custer State Park have been found. During the first few days after the Legion Fire started in Custer State Park the staff had their hands full fighting the fire which ultimately burned over 54,000 acres. The small herd of burros that are beloved by tourists at first could not be found, then about half were located, and today the park announced that all nine of them are alive. The bad news is that all of the burros were injured in the fire. After consultation with a veterinarian, the staff decided to treat them, but “due to the nature of the burn injuries we will not know the outcome of the burros”, the park said in a statement.
Above: The Legion Lake Fire off Lame Johnny Road in the southern portion of the fire not far from Highway 79 December 14, 2017.
(Originally published at 2:42 p.m. MST December 15, 2017)
Firefighters are beginning to get a handle on the Legion Lake Fire burning in the Black Hills of South Dakota in both Wind Cave National Park and Custer State Park. After conducting burnout operations on the east and west sides, and corralling a slopover on the southwest corner, the Incident Management Team (IMT) reports that the fire now totals 53,875 acres.
Mop up will continue through the weekend and some resources are being released. The Type 2 IMT expects to transition back to a local Type 3 IMT by Saturday. Highways 16A and 87 remain closed due to the threat of falling trees. The two air tankers were released but the the Type 3 helicopter remains on scene for aerial recon.
The aerial photo below shows the northeast corner of the fire during burnout operations late in the day on December 13, with helpful notes to identify landmarks. Click on it a couple of times to see a larger version.
Now that the spread of the fire has been halted, at least temporarily, Custer State Park has been able to reassign some of their staff to assessing the wildlife. Here is what they reported Friday afternoon:
The majority of our bison herd has been discovered and we are currently in the process of gathering them up and assessing them. The majority of our pronghorn, elk and deer herds have also been located and visually appear to be doing well. We found half of our burro herd and they were the animals that were most impacted by the fire. They are currently being evaluated by veterinarians for an overall health check. We will continue to look for the remainder of the burro herd, but at this time it is believed they did not survive the extreme fire growth from Tuesday night.
The weather Saturday and Saturday night should help slow down the fire even more, with an 80 percent chance of an inch of snow. The high temperatures on Saturday and Sunday will be in the 30s.
Above: the Legion Lake Fire off Lame Johnny Road near Highway 79.
(Originally published at 4:44 p.m. MST December 14, 2017)
The primary emphasis on the Legion Lake Fire in the Southern Black Hills of South Dakota is shifting from line construction and burning out to mop-up. On Thursday some areas were still being being burned out to secure a few sections of the perimeter, but most of the firefighters were locating and suppressing anything that is still burning close enough to the edge of the fire to be a potential threat to cross the fireline.
The Incident Management Team is calling the fire 47,312 acres, but that could change if more accurate mapping becomes available. That size puts it on the list as the third largest wildfire in recorded history of the Black Hills.
We have been hearing for several days that the cause was a fallen power line and that has been confirmed.
It was overcast and windy at the fire Thursday with north winds gusting at 12 to 20 mph. They should subside Thursday night but resume on Friday blowing from the west at 15 gusting to 20 mph under mostly sunny skies. Saturday will bring a 50 percent chance of a small amount of precipitation, about 0.05″ of rain or less than an inch of snow.
All evacuation orders have been lifted. Custer State Park and Wind Cave National Park are closed to the public, except in Wind Cave the roads that are still open include Hwy. 385, Hwy 87, and Beaver Creek Road (across from the fire lookout tower). In Custer State Park portions of Highways 16A and 87 are still closed.
The RJ85 air tanker that was at Rapid City has gone back to California and the other, an MD-87, is on her day off today. The lead plane has also departed, so it appears that the remaining air tanker will probably be released when it returns to duty Friday.
On Thursday we shot the photos below on Lame Johnny Road in the southern portion of the fire not far from Highway 79. Click on the photos to see larger versions.