DECISION MEMO
U. S. DEPARTMENT OF AGRICULTURE – FOREST SERVICE
FOREST CLOSURE ORDER
SANTIAGO FIRE AREA
02 07 11
CLEVELAND NATIONAL FOREST
ORANGE COUNTY, CALIFORNIA
DECISION
It is my decision to issue a Forest Order authorizing a temporary closure of a portion of the Trabuco Ranger District in the Santiago Fire burn area and adjacent area, with the addition of a class of persons exempt from the Order (1) Persons with a permit specifically authorizing the otherwise prohibited act or omission. (2) Owners or lessees of land in the area, (3) Residents in the area; 4) Any Federal, State, or local officer, or member of an organized rescue or fire fighting force in the performance of an official duty.
The area affected is described on Exhibit A and shown on the attached map, marked as Exhibit B. The closure will be in effect from November 15, 2007 through November 09, 2008 and will address public health and safety concerns related to the fire. The order will also serve to protect forest resources and critical watersheds located within the fire area.
NEED FOR THE PROPOSED ACTION
There is a need for this action because of the threat to human life, and resource values due to this wildfire. An emergency situation has been identified as existing as a result of this fire. There are hazards known and unknown within the fire area that threaten public health and safety.
The fire has been contained at approximately 28,400 acres; however, firefighting and resource rehabilitation efforts are continuing. Movement of personnel and equipment pose a threat to public safety as the road and trail systems within the burn area are narrow and hazardous. There are also aerial operations that pose a threat to persons within the burn area. Additionally, there are numerous natural hazards created by the fire, such as tree snags, staubs, root holes that have been created by roots burning beneath the surface of the soil, etc...
An additional threat to public safety created by this fire is flash flooding caused by loss of vegetative resources. The time frame of this closure has historically had severe monsoonal thunderstorms that result in some flash flooding; however, the loss of the vegetative resources increases the probability of severe flash flooding in the burn area and adjoining areas.
In addition to the public health and safety aspect of the Santiago Fire there numerous archeological, historical, and culturally relevant sites have been exposed by the fire. Many of these sites are recorded; however, numerous other sites have not been surveyed.
The topography of the area is steep with sensitive soils. The topography combined with sensitive soils invite erosion when traversed by either mechanical means or by primitive means.
The Closure is felt to be the most immediate and effective method to reduce the potential for loss of life, and loss of significant physical, and cultural resource values on the forest.
The Closure also includes areas that were heavily impacted by dozers during fire suppression efforts. These areas include a portion of North Main Divide Road (3S04) between Bedford Peak and Santiago Peak; Silverado Trail (5S03) and the area around Modjeska Peak.
This order needs to be in place for one year because the Forest Service needs time to remove the known hazards, such as falling hazard trees and repairing roads and trails. Also during this closure, the land will have a chance to rest: this will allow time for the native seeds to germinate, take root and grow; the chaparral vegetation an opportunity to re-sprout; and the soil and hillsides an opportunity to stabilize.
REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION
This decision is categorically excluded from documentation under Forest Service Handbook 1909.15, Section 31.1b(1) – Orders issued pursuant to 36 CFR Part 261 – Prohibitions to provide short-term resource protection or to protect public health and safety.
As a result of the above-mentioned analyses, I find there are no extraordinary circumstances that might cause the action to have significant environmental effects; therefore the proposed action is excluded from documentation in an Environmental Impact Statement or Environmental Assessment. Extraordinary circumstances would include but are not limited to negative impacts on the following:
1. Steep slopes or highly erosive soils.
This action will promote retention of natural vegetation that will help stabilize the steep slopes and highly erosive soils located within the closure area and protect the public from rolling rocks.
2. Threatened and Endangered species or their critical habitat.
One of the reasons for this action is to protect threatened and endangered species, and their habitats, located within the closure zone.
3. Flood plains, wetlands, and municipal watersheds.
This action will minimize impacts on flood plains, wetlands, and municipal watersheds within the closure area.
4. Inventoried roadless areas.
There is an inventoried roadless area within the closure area. Protection of this area will be enhanced by the closure area.
5. Native American religious or cultural sites, archaeological sites or historic properties or areas.
One of the reasons for this action is to protect Native American religious or cultural sites, archaeological sites or historic properties located within the closure area.
SCOPING
Press releases regarding fire activity and the area closure were posted in several local news papers and aired on local radio and television. Forest personnel were interview by local radio and television. Additionally, fire and closure information was published on the Forest’s web site.
No significant issues were raised during these scoping sessions.
Public information meetings were not conducted due to the exigency of the current situation. Coordination with the following co-operating agencies will be conducted prior to implementation of the closure order:
| 1. Orange County | Fire Departments
Sheriff’s Department |
| 2. State of California | Department of Fish and Game
Highway Patrol Department of Transportation (Cal Trans) |
| 3. Other National Forests | Angeles NF
San Bernardino NF Los Padres NF |
ALTERNATIVES
1. No Action
Under this alternative, significant impact to human life as well as resource values of concern will occur.
2. Area Closure
Under this alternative, a Forest Order will be issued that will promote public health and safety and protect Forest resources.
ENVIRONMENTAL CONSEQUENCES
The closure will not pose an impact or effect on resource values. In fact, it will protect human life, and Forest resources.
The closure will limit public use of the area, most specifically the recreation use of the area. It is designed to prohibit unauthorized use of the area. Visitors whose values and traditions involve the use of activities prohibited in the Closure Area will be directed by Forest Service personnel to areas where those activities are authorized
FINDINGS REQUIRED BY OTHER LAWS.
This action is consistent with management direction (Cleveland National Forest Land and Resources Management Plan) as required by the National Forest Management Act (FSM 1922.41 and FSH 1909.12).
IMPLEMENTATION DATE
This action may be implemented immediately.
ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITIES
This action is not subject to review or appeal under the requirements of 36 CFR 215.8(4).
| Done at San Diego, California, this | 15th | day of | November | , 2007. |
| William Metz | ||||
| Forest Supervisor, Cleveland National Forest | ||||
ORDER NO. 02-07-11
OCCUPANCY AND USE
CLEVELAND NATIONAL FOREST
Pursuant to 36 CFR 261.50(a) and (b), to protect public health and safety, the following acts are prohibited within the Cleveland National Forest. This order is effective from November 15, 2007 through November 09, 2008.
2. Being on National Forest System roads within the Santiago Fire Closure Area.
36 CFR 261.54(e).
3. Being on National Forest System trails within the Santiago Fire Closure Area.
36 CFR 261.55(a).
Pursuant to 36 CFR 261.50(e), the following persons are exempt from this order:
These prohibitions are in addition to the general prohibitions in 36 CFR Part 261, Subpart A.
| Done at San Diego, California, this | 15th | day of | November | , 2007 |
| /s/ William Metz | ||||
| William Metz | ||||
| Forest Supervisor, Cleveland National Forest | ||||
A violation of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment for not more than six months, or both. 16 USC 551 and 18 USC 3559, 3571, and 3581.
Exhibit A
Santiago Fire Closure Area
The Santiago Fire Closure Area is all National Forest System lands contained within the following area:
Beginning at the intersection of Joplin Trail (Forest Trail No. 6W02) and the National Forest Boundary in the SE ¼ of Section 36, Township (TS) 5 South, Range (R) 7 West, San Bernardino Base and Meridian (SBBM), then continuing west and north along the Forest Boundary to its intersection with Silverado Canyon County Road, then continuing east along Silverado Canyon County Road to its intersection with Silverado Trail (Forest Trail No. 5S03), then continuing east along the northern edge of Silverado Trail to its intersection with the North Main Divide Road (Forest Road No. 3S04), then continuing south along the northeastern edge of the North Main Divide Road to its intersection with Section 7 of TS 5 South, R 6 West SBBM, then continuing along the eastern edge of Sections 7, 18, 19, and 30 of TS 5 South, R 6 West SBBM to its intersection with the North Main Divide Road, then continuing west along the southern edge of the North Main Divide Road to its intersection with the Joplin Trail, then continuing south along the eastern edge of Joplin Trail to the starting point.
Exhibit B
Santiago Fire Closure Map