Notice of Lodging of Proposed Consent Decree Under the System Unit Resource Protection Act

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Published

March 14, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Page 15738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05130]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the System 
Unit Resource Protection Act

    On March 8, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of West Virginia in the lawsuit entitled United States v. Wild 
Rock West Virginia, et al., Civil Action No. 2:21-cv-00341.
    The United States filed this lawsuit under the System Unit Resource 
Protection Act and common law trespass and conversion. The complaint 
alleges that defendants Wild Rock West Virginia; Optima Properties WV, 
LLC; and William Frischkorn, Administrator of the Estate of Carl F. 
Frischkorn, (collectively ``Defendants'') unlawfully cut trees and 
removed vegetation at the New River Gorge National Park and Preserve 
(the ``Park''), near Fayetteville, West Virginia. The complaint seeks 
recovery of damages and response costs and injunctive relief.
    Under the Consent Decree, Defendants will pay $152,000 to the U.S. 
Department of the Interior, National Park Service (``NPS''), for 
response costs and damages, with interest. In addition, Defendants will 
transfer an undeveloped 40-acre parcel of property adjacent to the Park 
to a local non-profit land trust for permanent conservation and 
recreational use. Further, Defendants will grant public access to a 
hiking and climbing-access trail on Wild Rock property. Finally, NPS 
will be given access to Wild Rock property for five years to conduct 
restoration activities near the sites of the tree-cutting.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Wild Rock West Virginia, et al., D.J. 
Ref. No. 90-11-3-12073. All comments must be submitted no later than 
thirty (30) days after the publication date of this notice. Comments 
may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#e3939681808c8e8e868d97ce868690cd868d9187a39690878c89cd848c95"><span class="__cf_email__" data-cfemail="e696938485898b8b838892cb838395c883889482a6939582898cc8818990">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $13.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-05130 Filed 3-13-23; 8:45 am]
BILLING CODE 4410-15-P


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