{"id":93689,"date":"2019-06-01T21:31:36","date_gmt":"2019-06-02T03:31:36","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/when-will-forest-service-name-cause-of-416-fire\/"},"modified":"2019-06-01T21:31:36","modified_gmt":"2019-06-02T03:31:36","slug":"when-will-forest-service-name-cause-of-416-fire","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/when-will-forest-service-name-cause-of-416-fire\/","title":{"rendered":"When will Forest Service name cause of 416 Fire?"},"content":{"rendered":"\n

\"One
One year after the start of the 416 Fire, vegetation is beginning to cover the scorched earth northwest of Hermosa. The fire ignited the morning of June 1, 2018, and went on to burn about 54,000 acres of largely San Juan National Forest land.<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

<\/p>\n

Three-hundred and sixty-five days after that fateful day, the U.S. Forest Service has still not named the cause of the 416 Fire.<\/p>\n

\u201cIt\u2019s a shame we don\u2019t have the results of the investigation into the cause of the fire,\u201d said La Plata County Commissioner Gwen Lachelt. \u201cOur community deserves to know the cause, and we need to know so we can take precautions and prevent fires from starting in the future.\u201d<\/p>\n

On June 1, 2018, a small spark traveled up a hillside about 10 miles north of Durango, just off the train tracks for the Durango & Silverton Narrow Gauge Railroad.<\/p>\n

Extreme drought conditions set the stage for what went on to become Colorado\u2019s sixth-largest wildfire. By the time the 416 Fire was contained nearly two months later, an estimated 54,000 acres of mostly San Juan National Forest lands within the Hermosa Creek watershed had been consumed.<\/p>\n

Firefighters mounted a heroic effort: Not a single person was seriously injured or structure lost in the blaze.<\/p>\n

But the fire took its toll on the community, forcing thousands of evacuations, causing economic losses in Southwest Colorado and leaving behind a threat of potentially destructive flooding<\/a> to homes and property below the burn scar.<\/p>\n

The Forest Service originally said the cause of the fire would be announced in late fall 2018 or early winter 2019. In March, however, a spokeswoman with the Forest Service said the investigation was \u201ctaking longer than expected,\u201d<\/a> and there was no timeline for when the cause would be released.<\/p>\n

\"One
One year after the start of 416 Fire, a variety of vegetation is beginning to cover the scorched earth northwest of Hermosa. The U.S. Forest Service has not announced a cause of the wildfire, which burned about 54,000 acres.<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

The investigation, officials said, is out of the Forest Service\u2019s hands and has been passed on to the U.S. Department of Justice. Jeff Dorschner, a department spokesman, declined to comment Thursday in an email to The Durango Herald<\/em>, saying the case is \u201copen and active.\u201d<\/p>\n

For many in the community, what started the fire is already clear<\/a>.<\/p>\n

About 9:45 a.m. June 1, 2018, a resident in the Meadowridge subdivision saw a \u201cwisp of smoke\u201d near a bend in the tracks as the D&SNG passed by, igniting intense speculation that the train was the cause of the 416 Fire.<\/p>\n

The neighborhood of about eight homes a few hundred feet from the tracks had grown used to seeing the D&SNG start fires, and residents even had their own water truck to help put out small fires ignited by small cinders emitted from the steam locomotives\u2019 smokestacks.<\/p>\n

But their efforts were in vain that day. Even when the railroad\u2019s own water tanker arrived about five minutes later, the fire had advanced too far.<\/p>\n

\"Eroded
Eroded soil in the 416 Fire burn can still produce dangerous debris flows as a result of rain storms northwest of Hermosa. The fire began June 1, 2018, near the Durango & Silverton Narrow Gauge Railroad tracks adjacent to the in the Meadowridge subdivision in the Hermosa area north of Durango.<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

\u201cI\u2019m a real supporter of the train,\u201d Cres Fleming, one of the first Meadowridge residents to fight the fire, said at the time. \u201cIt pains me deeply to have this happen because I know it is going to hurt the railroad a lot. But I\u2019m giving it to you like it is. I don\u2019t want to shade anything, just state what I remember.\u201d<\/p>\n

D&SNG owner Al Harper declined to comment for this story, saying he has been instructed by his insurance company not to talk about anything related to the 416 Fire.<\/p>\n

In previous interviews, however, Harper has acknowledged the possibility the D&SNG started the fire<\/a> and has said the railroad will take full responsibility if it is proved to have started the fire. But, he\u2019s asked for patience in the community as the investigation continues.<\/p>\n

\u201cFrankly, we need to be quiet until the Forest Service comes and answers what they feel needs to be done,\u201d Harper said previously. \u201cThen I\u2019m going to respond and be open about it.\u201d<\/p>\n

When that time comes is anyone\u2019s guess.<\/p>\n

Mark Stiles, who served as forest supervisor for the San Juan National Forest from 2002 until he retired in 2013, said that although he is unfamiliar with what\u2019s going on in the 416 Fire investigation, there are many factors at play that can hold up the Forest Service announcing a cause.<\/p>\n

The Forest Service treats the area where a fire breaks out like a crime scene<\/a>, sending trained investigators along with first responders to do an initial attack. Experts collect evidence, study the movements of the wildfire and look for other indicators to determine a cause.<\/p>\n

But determining the cause is only one component of a fire investigation and recouping firefighting costs. If a responsible party is identified, the Forest Service will prepare a billing statement, and it\u2019s not uncommon for negotiations to begin.<\/p>\n

\u201cIn my experience, when you submit a billing statement, especially to a corporate entity, then there\u2019s a lot of back and forth between insurance companies,\u201d he said.<\/p>\n

\"Ken
Ken Hunter walks along County Road 201 on Thursday near the burn scar left by the 416 Fire.<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

Each fire investigation is different, Stiles said. But typically, every cost billed to the responsible party for fighting the blaze is scrutinized. That can take a lot of time, he said, especially if the cost of the fire was expensive.<\/p>\n

Forest Service staff, Stiles said, uses its own judgment whether to release the cause of a fire to the public before or after negotiations are complete. Sometimes, it benefits negotiations to withhold that information to the public, he said.<\/p>\n

\u201cIt can make it easier for the parties to work it out \u2026 without muddying the process,\u201d Stiles said.<\/p>\n

Attorneys with the Department of Justice serve as the legal representatives of the Forest Service, who negotiate with a responsible party\u2019s insurers or lawyers. It can take years, Stiles said, for the two sides to reach an agreement.<\/p>\n

An open records request filed last year showed that in two decades\u2019 worth of investigations<\/a> into fires started by the D&SNG, it took years for negotiations to come to an end. In almost every case, the D&SNG hit back with a lower counteroffer, often denying it started the fire.<\/p>\n

In the August 2002 \u201cSchaaf II Fire,\u201d for instance, it took the Forest Service nearly six years to bill the D&SNG about $500,000 for firefighting costs after it was deemed responsible for the 550-acre fire in the San Juan National Forest.<\/p>\n

\"Gambel
Gambel oak is beginning to cover the scorched earth one year after the 416 Fire northwest of Hermosa.<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

In 2011, nearly a decade after the start of the fire, the D&SNG instead offered to pay $100,000, to which the Forest Service agreed.<\/p>\n

In extreme circumstances, Stiles said if federal prosecutors are unhappy with a counteroffer, they can decide to take the case to trial, but it\u2019s not the preferred route.<\/p>\n

\u201cIt\u2019s extremely expensive, and you don\u2019t know exactly what the outcome will be when you enter into it,\u201d he said.<\/p>\n

Chris Tipton, a fire management officer for the San Juan National Forest, said he was unable to comment about the specifics of the 416 Fire investigation. But he, too, asked that the community try to be patient while moving parts are worked out.<\/p>\n

\"One
One year after the start of the 416 Fire, vegetation is beginning to cover the scorched earth northwest of Hermosa.<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

\u201cThe court of public opinion will always be there, but we have to let our processes work,\u201d he said.<\/p>\n

The cost of fighting the 416 Fire was an estimated $40 million. And already, a lawsuit has been filed seeking compensation for damages sustained during the blaze.<\/p>\n

The Harper family has owned the D&SNG since 1998, and in previous interviews, Harper has said the railroad has been wrongly accused of starting fires. About six years ago, he said the railroad was blamed and publicly flogged for a small fire that turned out to be started by a group of hikers.<\/p>\n

But residents in the Meadowridge subdivision are sure about what they saw that day. Al Chione, the first person to spot that \u201cwisp of smoke\u201d one year ago, and a self-proclaimed train aficionado, told the Herald<\/em> in a previous interview he and his neighbors have no doubt the train started the fire.<\/p>\n

\u201cAbsolutely none,\u201d Chione said. \u201cIf I wasn\u2019t sure, I wouldn\u2019t say a word. The bottom line is the railroad started it.\u201d<\/p>\n

jromeo@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

intense community speculation, agency declines comment<\/p>\n","protected":false},"author":1,"featured_media":93690,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5736,5735],"tags":[2838,170,13,4826,549,84],"naviga_topic":[],"class_list":["post-93689","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-local-news","category-news","tag-416-fire","tag-durango-and-silverton-narrow-gauge-railroad-co","tag-frontpage-lead","tag-gwen-lachelt","tag-united-states-forest-service","tag-wildfire"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/93689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=93689"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/93689\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/93690"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=93689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=93689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=93689"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=93689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}