09-21-12-02: Lake Sherwood and Blue Bend Area

ORDER NO. 09-21-12-02

ORDER OF THE FOREST SUPERVISOR
CLOSING TO AN ENTRY, TO WIT:
LAKE SHERWOOD AND BLUE BEND AREAS
Marlinton-White Sulphur Ranger District
Monongahela National Forest, West Virginia

Under authority of the Act of Congress dated June 4, 1897, as amended (16 U.S.C. 551), and pursuant to the Secretary of Agriculture's Regulations set forth at 36 CFR 261, Subpart B (36CFR 261.50 (a) and (b)), the following acts and omissions are prohibited in the Lake Sherwood Area and Blue Bend Area, located in Greenbrier County.  The said areas being described and designated as shown on the map set forth as Exhibits A and B are attached and made part hereto:

The following are prohibited:

  1. Possessing a beverage which is defined as an alcoholic beverage by state law (to include all categories as defined in Chapter 60-20-5 of the Code of West Virginia) in the following locations in Lake Sherwood Recreation area:  boat launch area, amphitheater area, day use parking lot area, beach areas, and picnic area (36 CFR 261.58 (bb)).
  2. Possessing a beverage which is defined as an alcoholic beverage by state law (to include all categories as defined in Chapter 60-20-5 of the Code of West Virginia) in the following location in Blue Bend Recreation area:  beach areas (36 CFR 261.58 (bb)).

THESE RESTRICTIONS ARE NECESSARY FOR PUBLIC SAFETY AND TO PROTECT NATIONAL FOREST PROPERTY.  THEY ARE IN ADDITION TO THE GENERAL PROHIBITIONS SET FORTH IN 36 CFR 261.  THE PROHIBITIONS WILL BE IN EFFECT FROM THE DATE OF SIGNATURE UNLESS SPECIFICALLY WITHDRAWN BY TERMINATION ORDER OF THE FOREST SUPERVISOR.

Pursuant to the provision of 36 CFR 261.50(e), the following persons are exempt from this order.

  1. Persons with a permit specifically authorizing the otherwise prohibited act or omission (36 CFR 261.50(e)(1)); and,
  2. Any Federal, State, or local officer, or member of an organized rescue or fire fighting force in the performance of an official duty (36 CFR 261.50(e)(4)),

Violation of these prohibitions, is punishable by a fine of not more than $5000.00 for an individual or $10,000.00 for an organization, or imprisonment for not more that six (6) months, or both (16 U.S.C. 551, 18 U.S.C. 3559 and 3571).

Executed in Elkins, West Virginia, this 8th day or March, 2012

/s/ Clyde N. Thompson
CLYDE N. THOMPSON
Forest Supervisor
Monongahela National Forest

Supporting Documents