Categorical Exclusion Statement Ocala National Forest

May 16, 2023

Project Title: Wildfire Emergency Closure Order for Major Fire Operations

Project Description: Pursuant to Title 16 U.S.C. § 551, and Title 36 C.F.R. §§ 261.50(a) and (b), for the protection of public health and safety the following acts are prohibited on all lands and waters administered by the Ocala National Forest within Compartment 64 and the area Congressionally Designated as the Juniper Prairie Wilderness and the timber units south (i.e., Entirety of Compartments 94 and 63, excluding Juniper Recreation area and Sweetwater cabin area), including the entirety of that segment of National Forest System Roads (NFS) 33 between State Road 40 and NFS 50; the entirety of the segment of NFS 46 from NFS 33 to State Road 19; the entirety of the segment of NFS 50 from NFS 33 to State Road 19 . This Forest Order is effective from the date signed by the Forest Supervisor until August 1, 2023 or until terminated by an authorized Forest Service official, whichever occurs first.

1. Being in closed Wilderness. 36 C.F.R. §§ 261.57
   1. Entering or being in the area.
   2. Possessing camping or pack-outfitting equipment, as specified in the order.
   3. Possessing a firearm or firework.
   4. Possessing any non-burnable food or beverage containers, including deposit bottles, except for non-burnable containers designed and intended for repeated use.
   5. Grazing.
   6. Storing equipment, personal property or supplies.
   7. Disposing of debris, garbage, or other waste.
   8. Possessing or using a wagon, cart or other vehicle.
2. Being on any National Forest System trail, including trailheads and off-highway vehicle ("OHV") Corrals.  36 C.F.R. §§ 261.55(a), 261.53(e).  See Exhibit B (map) and Exhibit E (list) which are attached hereto and made a part hereof.
3. Entering or being in a boat ramp or water access site area.  For purposes of this Forest Order, boat ramp and water access site areas are defined as being within 25 yards (i.e., 75 feet) of a boat ramp or site commonly used to put watercraft in, or take watercraft out of, a body of water.  36 C.F.R. § 261.53(e).  See C (map) and Exhibit E (list) which are attached hereto and made a part hereof.
4. Camping.  36 C.F.R. § 261.58(e).  For purposes of this Forest Order, camping means the temporary use of National Forest System lands for the purpose of overnight occupancy without a permanently-fixed structure.  36 C.F.R. § 261.2.The purpose is for the protection of the public, firefighters, and natural resources during wildfire operations including rehabilitation and salvage, until which time the area is determined safe for the public.
5. Vehicles on a closed road. 36 C.F.R. § 261.54(a).  Use by any type of traffic prohibited by the order.

Pursuant to 36 C.F.R § 261.50(e), the following persons are exempt from this order:

1. Owners or lessees of land, to the extent necessary to access their land.
2. Residents, to the extent necessary to access their residences.
3. Any Federal, State or local officer or member of an organized law enforcement, rescue, or fire fighting force in the performance of their official duty.
4. On a case-by-case basis, persons with a permit issued by the applicable District Ranger which specifically authorizes the otherwise prohibited act or omission, such as permits authorizing maintenance on utility infrastructure and corridors, or concession management of recreation areas, which it is determined by the District Ranger that these permits can be done safely and not interfere with wildfire operations

Expiration: AUGUST 01, 2023.       Location: Compartments 63, 64, & 94, of Ocala NF, excluding Juniper Recreation Area and Sweetwater Cabin Area.

The U.S. Council on Environmental Quality’s NEPA regulations allow agencies to identify categories of action which do not normally have significant effects, and which do not need to be documented in an Environmental Impact Statement (EIS) or Environmental Assessment (EA). These categories of actions are called “categorical exclusions1”. The Secretary of Agriculture has established a list of categorical exclusions at 7 CFR part 1b.3. The Chief of the Forest Service has established a list of categorical exclusions at 36 CFR 220.6 (d) and (e). For a project to be approved under NEPA as a categorical exclusion, it must fall in one of the categories established by the Secretary or by the Chief, and there must be no extraordinary circumstances related to the proposed action (36 CFR 220.6(b)).

I have reviewed this project for compliance with the National Environmental Policy Act, and have determined that it falls under section 31.1 of the Forest Service Handbook 1905.15 chapter 30, which are Categories for which project or case files and a Decision Memo are not required.

More specifically, this project falls under (Check one)

Section 31.11

1. Policy development, planning and implementation which relate to routine activities, such as personnel, organizational changes, or similar administrative functions.
2. Activities that deal solely with the funding of programs, such as program budget proposals, disbursements, and transfer or reprogramming of funds.
3. Inventories, research activities, and studies, such as resource inventories, and routine data collection when such actions are clearly limited in context and intensity.
4. Educational and informational programs and activities.
5. Civil and criminal law enforcement and investigative activities.
6. Activities which are advisory and consultative to other agencies and public and private entities, such as legal counseling and representation.
7. Activities related to trade representation and market development activities abroad.

1 "Categorical exclusion" means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. An agency may decide in its procedures or otherwise, to prepare environmental assessments for the reasons stated in Sec. 1508.9 even though it is not required to do so. Any procedures under this section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect. (40 CFR 1509.4)

Section 31.12

 (1) Orders issued pursuant to 36 CFR Part 261 – Prohibitions to provide short-term resource protection or protect public health and safety. [Pursuant sub-part B; § 261.50 (a) & (b)]

2. Rules, regulations, or policies to establish Service-wide administrative procedures, or instructions.
3. Repair of maintenance of administrative sites.
4. Repair of maintenance of roads, trails, and landline boundaries.
5. Repair and maintenance of recreation sites and facilities.
6. Acquisition of land or interest in land.
7. Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same.
8. Approval, modification, or continuation of minor, short-term (one year or less) special uses of National Forest System Lands.
9. Issuance of a new permit for up to a maximum tenure allowable under the National Forest Ski Area Permit Act ……
10. Amendment to or replacement of an existing special use authorization that involves only administrative changes …..

I have determined that this project is consistent with the Revised Land and Resource Management Plan for the National Forests in Florida, June 1999.

This project was scoped internally within the Forest Service during the WildFire Decision Support Strategy meeting 4/27/2023 and wildfire briefing 05/02023 with the Incident Management Team, district resource specialists, and Agency Administrator. Implementation of this prohibition does not require sub-surface archaeological survey. A site-specific analysis indicates there are no extraordinary circumstances that warrant further analysis and documentation in an EA or an EIS. This environmental analysis consisted of:

Archeological review completed on: Not Applicable Biological review completed on: Not Applicable

Inter-disciplinary team discussion/review; Determination of NEPA Adequacy.

Since this proposed action falls in an identified categorical exclusion, there are no extraordinary circumstances, and it is consistent with the Forest Plan, I am approving the implementation of this project. Pursuant to 36 CFR 218, this decision is not subject to objections and may be implemented immediately.

   5/16/23

Burn operations are set to resume out at the Scott Bar Mountain Prescribed Burn Project on Tuesday, May 16. Burn personnel will be looking to treat 52 acres with prescribed fire tomorrow.

Smoke will be visible from the Scott River Road, Quartz Valley, and Fort Jones.

If traveling on Scott River Road, be on the lookout for fire equipment and smoke. Please use your headlights and reduce speeds.

Las Tusas Fire Update – May 15, 2023

LAS VEGAS, NM – May 15, 2023 – Cool temperatures and light precipitation over the fire area yesterday gave firefighters a boost in securing the line, bringing containment of the fire to 90%. Suppression repair is continuing as firefighters work to fully contain the fire. Fire traffic is still present near the fire and fire managers ask that the public be aware of fire vehicles entering the roads. Moisture and increased humidities is projected to linger throughout the week. Command of the fire will be transitioned back to the New Mexico State Forestry Division on Wednesday, May 16, 2023, at 6:00 am. Incident Commander Luke McLarty and the Northern New Mexico Type 3 Incident Management Team would like to thank the public for their cooperation and support for the firefighters during this incident. This will be the last update from the team unless significant changes occur.

Start date:  May 10, 2023

Location:  West of Sapello, NM approximately 12 miles north of Las Vegas, NM

Cause:  Unknown, under investigation

Size: 978 acres, acreage changed due to more accurate measurement via onsite GPS mapping.     

Percent Contained:  90%

Resources:  2 Hotshot crews, 1 Type 2 IA Handcrew, 2 dozers, 6 engines, 1 Type 3 Helicopter.

Evacuations: Evacuations have been lifted. The Red Cross Evacuation Center at Abe Montoya Recreation Center and Storrie Lake are no longer evacuation centers.                                                                                                                                      

Closures: Law enforcement is assisting with a traffic control presence in the area. Onlooker traffic has been heavy throughout the week.  

Smoke: Individuals sensitive to wildfire smoke should take precautions and use the New Mexico Department of Health 5-3-1 Visibility Method to determine if it’s safe to be outside. Learn more at https://nmtracking.doh.nm.gov/environment/air/FireAndSmoke.html.   An interactive smoke map at https://fire.airnow.gov/ allows you to zoom into your area to see the latest smoke conditions. 

Safety: The health and safety of firefighters and the public are always the first priority. Information on air quality and protecting your health can be found online at the New Mexico Department of Health (NMDOH) Environmental Public Health Tracking (EPHT) website. The Forest Stewards Guild offers a HEPA Filter Loan Program that are available on a first come/first served basis. Additional information on air filters and the HEPA loan program is posted at http://www.santafefireshed.org/hepa-filter-loan-program#smokeanchor3.

Fire updates will be posted on the New Mexico Fire Information website, as well as the NM State Forestry Division Twitter.

PLEASE BE AWARE: Wildland fire engines and equipment continue to be on roads in the fire area and on US Hwy 70 between Havelock and New Bern. Please use caution when driving near them.

Weather: Expect dry conditions and lower relative humidity of 35-40% and easterly winds of 10-15 mph by early to mid afternoon today.  Chance of showers returns on Tuesday.

Acreage: 32,400 acres; Containment: 90%; Personnel and Equipment: 164 total personnel; 1 helicopter, 7 engines, 2 water tenders, 2 Type-2 and 5 Type-3 tractor plow units, 2 drones, 2 track-mounted engines and 1 ambulance.

Yesterday: Crews monitored fire activity to identify hot spots and areas of concern and mopped up any close to the fireline. Flooding operations for areas of ground fire, and additional piping and pumping continued.

Today: Aviation and ground resources will continue to monitor fire activity to identify hot spots and areas of concern. Mop up operations with engines, crews, and heavy equipment continue on the north end and southwest portion of the fire. Work on contingency lines on the north side continues. Flooding operations for areas of ground fire in the southeastern portion of the fire continue and pumps will continue to flood areas in the south and southeast portion. Preparations of piping and placement of pumps are complete and flooding of areas in the southwest portion of the fire have commenced and will continue.

Highlighting Fire Effects on the Ecosystem:  Fireline qualified Resource Advisors have been working with firefighters to protect Cultural Resources in the fire area.

• Temporary Flight Restriction (TFR): A “TFR” is in place effective May 9, 2023 from 6 AM to 2 PM local time, and altitude from the surface up to and including 1000 feet, daily until further notice, to allow for safe operations of the drone equipped to detect heat sources. Complete information is at https://tfr.faa.gov/save_pages/detail_3_2893.html
• Closures: Forest Service Road 203 (Holston Creek Road) and Black Swamp Road remain closed due to fire equipment and operations. Updates to road closures surrounding the fire are at https://drivenc.gov/.   
• Air quality: Information on current air quality data for North Carolina is at https://www.airnow.gov/.  
• Firewise: Information on preparing your home and property to reduce the risk from fire can be found at https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Wildfire/Firewise-USA
• Donations: Those interested in donating to firefighters, please consider assisting your local fire departments and /or the Wildland Firefighter Foundation https://wffoundation.org

Las Tusas Fire Update – May 14, 2023

LAS VEGAS, NM – May 14, 2023 – Containment of the Las Tusas Fire has reached 60%. Cooler temperatures, higher humidity, and cloud cover helped firefighters make significant gains in securing the fire line. No significant Precipitation has occurred over the fire area. Suppression repair is taking place, and any damage caused by fighting the fire will be repaired as firefighters continue to secure the fire perimeter. As the incident progresses and containment rises the organization will continue to decrease as excess resources are demobilized. Continuing weather patterns should bring much needed moisture over the next few days with chances of precipitation predicted at 80% for the fire area today, and a 60% chance of precipitation on Monday.

Start date:  May 10, 2023

Location:  West of Sapello, NM approximately 12 miles north of Las Vegas, NM

Cause:  Unknown, under investigation

Size: 969 acres, acreage reduced due to more accurate mapping via GPS by aircraft.     

Percent Contained:  60%

Resources:  2 Hotshot crews, 1 Type 2 IA Handcrew, 2 dozers, 8 engines, 1 Type 3 Helicopter.

Evacuations: Evacuations have been lifted. The Red Cross Evacuation Center at Abe Montoya Recreation Center and Storrie Lake are no longer evacuation centers.                                                                                                                                      

Closures: Law enforcement is assisting with a traffic control presence in the area. Onlooker traffic has been heavy throughout the week.  

Smoke: Individuals sensitive to wildfire smoke should take precautions and use the New Mexico Department of Health 5-3-1 Visibility Method to determine if it’s safe to be outside. Learn more at https://nmtracking.doh.nm.gov/environment/air/FireAndSmoke.html.   An interactive smoke map at https://fire.airnow.gov/ allows you to zoom into your area to see the latest smoke conditions. 

Safety: The health and safety of firefighters and the public are always the first priority. Information on air quality and protecting your health can be found online at the New Mexico Department of Health (NMDOH) Environmental Public Health Tracking (EPHT) website. The Forest Stewards Guild offers a HEPA Filter Loan Program that are available on a first come/first served basis. Additional information on air filters and the HEPA loan program is posted at http://www.santafefireshed.org/hepa-filter-loan-program#smokeanchor3.

Fire updates will be posted on the New Mexico Fire Information website, as well as the NM State Forestry Division Twitter.

PLEASE BE AWARE: Wildland fire engines and equipment continue to be on roads in the fire area and on US Hwy 70 between Havelock and New Bern. Please use caution when driving near them.

Weather: A cold front will be approaching before midday tomorrow with southwesterly winds veering northerly, then northeasterly with cooler temperatures. Rainfall potential appears meager tonight, followed by isolated showers and perhaps a thunderstorm tomorrow afternoon. Minimum humidity tomorrow will be around 60%, then around 45% on Monday with NE winds gusting up to 15 mph at times.

Acreage: 32,400 acres; Containment: 90%; Personnel and Equipment: 185 total personnel; 1 helicopter, 10 engines, 2 water tenders, 2 Type-2 and 5 Type-3 tractor plow units, 2 drones, 2 track-mounted engines and 1 ambulance.

Yesterday: Crews monitored fire activity to identify hot spots and areas of concern and mopped up any close to the fireline. Flooding operations for areas of ground fire, and additional piping and pumping continued.

Today: Aviation and ground resources will continue to monitor fire activity to identify hot spots and areas of concern. Drones equipped with Infrared cameras are helping crews find heat sources. Mop up operations with engines, crews, and heavy equipment continue on the north end and southwest portion of the fire.  Work on contingency lines in the northwest portion of the fire are complete and will move to the northern portion tomorrow. Flooding operations for areas of ground fire in the southeastern portion of the fire continue and pumps will continue to flood areas in the south and southeast portion. Preparations for additional piping and placement of pumps to flood areas in the southwest portion of the fire will continue.

Highlighting Fire Effects on the Ecosystem:  New plant life began sprouting in the fire area after rain events in the first week after the fire made its active runs on April 22 and 23.

• Temporary Flight Restriction (TFR): A “TFR” is in place effective May 9, 2023 from 6 AM to 2 PM local time, and altitude from the surface up to and including 1000 feet, daily until further notice, to allow for safe operations of the drone equipped to detect heat sources. Complete information is at https://tfr.faa.gov/save_pages/detail_3_2893.html
• Closures: Forest Service Road 203 (Holston Creek Road) and Black Swamp Road remain closed due to fire equipment and operations. Updates to road closures surrounding the fire are at https://drivenc.gov/.  
• Air quality: Information on current air quality data for North Carolina is at https://www.airnow.gov/.  
• Firewise: Information on preparing your home and property to reduce the risk from fire can be found at https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Wildfire/Firewise-USA
• Donations: Those interested in donating to firefighters, please consider assisting your local fire departments and /or the Wildland Firefighter Foundation https://wffoundation.org

May 13, 2023 - Around the Caldor Fire Footprint, there are ongoing timber operations such as cutting, skidding, and decking. The active sites for these operations are around the Grizzly Flat Community Fuel Break area, and Iron Trail Decks. If driving in these areas, it is important to exercise caution and be aware of potential hazards. Look out for warning signs indicating logging trucks, hauling operations, tree falling, and other timber-related operations.  There are signs placed to alert drivers to the potential risks.  

The work is being done by a Partnership between the Forest Service, Eldorado National Forest, and the Great Basin Institute (GBI).  Over 2,000 acres of this 2,700-acre project are now nearing completion, but some of the more difficult ground is now being treated along the North-South Road near Camp Creek, about 1-2 miles south of the North-South Road intersection with the Mormon Emigrant Road.

Due to safety concerns for the public as well as operators largely associated with the steep slopes both above and below the road where the work is occurring, there will be intermittent closures of the North-South Road in the vicinity of the logging operations are now necessary.  These closures will affect approximately 1-2 miles of the North-South Road for the next week, until May 20th. 

The intermittent closures are opened at the top of each hour if there are any vehicles that need to pass thru the operation. Intermittent closures begin about 0600 each morning and last until approximately 5:00 pm each day. The roads are fully open after 5:00 each day and all day on Sunday.  When the roads are opened it is often necessary to quit falling trees and get the debris removed from the road and move equipment to locations so that traffic can safely move by, thus it is difficult or impossible to allow vehicles to pass thru the area on a regular or consistent basis.

Las Tusas Fire Update – May 13, 2023

LAS VEGAS, NM – May 13, 2023 – Firefighters are making significant progress in securing the fire line. Mop up operations are in place to create a barrier of “cold black” along the fire line. The cold black barrier will act like a catcher’s mitt, keeping embers and other potential threats within the fire line. Yesterday’s progress brought the fire’s containment to 30%. More accurate mapping via GPS by aircraft has shown the fire size to be 969 acres. As of 1:30 pm on May 12, 2023, evacuation orders have been lifted for the area. The orders affected 165 residences, and an estimated 492 individuals. All road closures have been lifted. Fire managers are assessing fire suppression damage and implementing plans to repair any damage caused by the suppression activities. San Miguel County Sheriff’s office damage assessment found 3 structures were lost, along with 10 outbuildings.

Start date:  May 11, 2023

Location:  West of Sapello, NM approximately 12 miles north of Las Vegas, NM

Cause:  Unknown, under investigation

Size: 969 acres, acreage reduced due to more accurate mapping via GPS by aircraft.     

Percent Contained:  30%

Resources:  2 Hotshot crews, 2 Type 2 IA Handcrew, 2 dozers, 11 engines, 1 water tenders, 1 Type 3 Helicopters.

Evacuations: Evacuations have been lifted. The Red Cross Evacuation Center at Abe Montoya Recreation Center and Storrie Lake are no longer evacuation centers.                                                                                                                                      

Closures: Law enforcement is assisting with a traffic control presence in the area. Onlooker traffic has been heavy throughout the week.

Smoke: Individuals sensitive to wildfire smoke should take precautions and use the New Mexico Department of Health 5-3-1 Visibility Method to determine if it’s safe to be outside. Learn more at https://nmtracking.doh.nm.gov/environment/air/FireAndSmoke.html.   An interactive smoke map at https://fire.airnow.gov/ allows you to zoom into your area to see the latest smoke conditions. 

Safety: The health and safety of firefighters and the public are always the first priority. Information on air quality and protecting your health can be found online at the New Mexico Department of Health (NMDOH) Environmental Public Health Tracking (EPHT) website. The Forest Stewards Guild offers a HEPA Filter Loan Program that are available on a first come/first served basis. Additional information on air filters and the HEPA loan program is posted at http://www.santafefireshed.org/hepa-filter-loan-program#smokeanchor3.

Fire updates will be posted on the New Mexico Fire Information website, as well as the NM State Forestry Division Twitter.