- (December 2006) WASHINGTON, D.C. - Battlefield supporters and preservationists are waiting for the other shoe to drop at Harpers Ferry: Will developers who installed utility lines across the Schoolhouse Ridge battlefield get away with it? Or will the federal government seek such punishment that no one would think of trying such a move again?

The Civil War Preservation Trust (CWPT) is hoping for the latter, and has joined with two other national preservation organizations to urge "consideration of both civil penalties and criminal sanctions" against the perpetrators.

CWPT spokesman Jim Campi said word is that the U.S. Department of Justice and the National Park Service will declare their plan for legal action "sometime in November."

"Our sources indicate they intend to send a very tough message," Campi said. "They don't want this to happen again."

National Park Service (NPS) spokesman David Barna said officials were still deciding whether to file just civil charges, or criminal charges as well. "I think we're pushing for criminal charges, but that's a big deal."

On the weekend of Aug. 19-20, developers who hold several tracts of land on and adjacent to the battlefield dug a trench 45 feet wide and nearly 2,000 feet long across property belonging to Harpers Ferry National Historical Park, and installed sewer and water lines. Attempts by park rangers and an Interior Department solicitor to stop them were to no avail.

CWPT spokesman Jim Campi said that with the utility lines in place, the developers could win increased housing density to the tune of more than 3,500 homes.

CWPT joined with the National Trust for Historic Preservation and the National Parks Conservation Association (NPCA) to send a letter Sept. 21 to Secretary of the Interior Dirk Kempthorne arguing for a tough response.

The letter said Jefferson Utilities Inc., representing the developers, "knowingly subverted" the National Park Service process for a special permit. In fact, the park had launched the special-permit process by soliciting public reaction, and comments overwhelmingly expressed concerns about allowing the lines to go in.

But the developers short-circuited the process when they went ahead anyway, choosing the weekend when the park was busy celebrating the 100th anniversary of the civil-rights Niagara Movement. "It is outrageous that Jefferson Utilities knowingly sabotaged this ongoing review process by taking the law into its own hands and simply bulldozing the trench," the letter said.

The developers have argued that a utility easement gives them the right to install lines regardless of any federal laws.

The digging took place on the 38-acre Perry Orchard tract, a recent addition to the park. The letter noted that CWPT, the National Trust and NPCA all worked to preserve the property and bring it into park ownership.

"If the Harpers Ferry violations are not vigorously prosecuted in response to their blatant disregard of the reasonable and routine NPS permit process," the letter said, "this would send the message that the NPS will ˆ¢’ǨÀúturn a blind eye' in the event of similar violations on national park lands throughout the nation, opening the door to further illegal destruction of our priceless heritage.

"Americans rightly expect that the National Park Service's unique and irreplaceable historic landscapes will be protected from wanton destruction. We encourage federal and state law enforcement officials to pursue these violators to the fullest extent of the law, and we stand ready to help in any way possible."

The three-page letter ends with a request by the three organizations to participate as "consulting parties" in the federal review process. "Based on our collective, longstanding commitment to protecting the Harpers Ferry Battlefield and our national expertise, we believe our participation in the consultation process would provide valuable assistance to the Department in attempting to resolve this serious matter."

The letter is signed by CWPT President Jim Lighthizer, National Trust President Richard Moe and NPCA President Thomas Kiernan.

A brief response came Nov. 4 from Joseph Lawler, regional director of NPS's National Capital Region. NPS was "extremely concerned" about the incident, Lawler said, adding, "While the National Park Service respects the property rights of the easement holders, the courts have recognized that NPS must protect the cultural and natural resources owned by all Americans."

Lawler said NPS was "actively reviewing the matter with the Department of Justice and considering options for an appropriate response."

Our email address is: mail@civilwarnews.com