Receivership hearing upcoming for Timberline Four Seasons Resort Management, other entities

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A hearing is set in Tucker County, where a judge will hear arguments about entities connected to Timberline Four Seasons Resort possibly going into a receivership.

In March, a judge placed Timberline Four Seasons Utilities into a receivership.  The upcoming hearing will address the status of Timberline Four Seasons Resort Management, Long Run Realty, Timberline Four Seasons Realty and Herz, Herz & Reichle, Inc.  A judge will hear arguments about possible receivership for these entities.

Timberline Four Seasons Management Company operates the resort, and Herz, Herz & Reichle, Inc. owns the land on which the resort is located, according to Tucker County Prosecuting Attorney Ray Lamora.

That hearing is currently scheduled for April 18.

In related news, the West Virginia Department of Environmental Protection issued a notice of violation at Timberline Four Seasons Resort after it received a solid waste complaint.

The incident/investigation report said there were two trucks abandoned in a parking lot, with waste in the beds.  Behind a bunk house, investigators found a large pile of trash, tires, recycled parts, building materials, mattresses and other items.  There were also old plastic and rusted culverts that had been disposed of, according to the report.

The report gave Frederick Herz and Tracy Herz 30 days to get the dump cleaned up.

A notice of violation from the DEP issued on March 18 states that the resort had created an open dump without approval from the DEP.  Frederick Herz and Tracy Herz were instructed to remove all solid waste material and take it to an authorized waste facility; retain receipts for the DEP as proof of proper disposal; and within 30 days, provide a written response to the inspector, detailing the actions taken to abate the violation, according to the notice of violation.

Lamora said there were items on the property found close to a water source, and the DEP found significant issues that needed addressed. 

Lamora stated that he is not sure if the DEP will ask his office to prosecute a case related to the violation, or if the DEP will handle the issue itself.

WBOY reached out to the DEP about the notice of violation, but the agency stated that it does not have any comment.

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