Two surveyors working for EQT on the Forest Service survey, Josiah Gregor Kleinhens and Lawrence Brewer of Cincinnati, Ohio were charged with trespass on May 26. They claim to be employees of ESI under orders from EQT but the truck was unmarked.

Six warrants for trespass were issued. They were released after plants in their possession were confiscated and they were interviewed by National Forest law enforcement officer John Ralph Price.

They had left one rented vehicle hidden behind what they thought was an unoccupied cabin in the deepest part of Foxfire, near the National Forest line and taken the second vehicle to an entry point on National Forest. In order to do so, they had used private, clearly marked as posted no trespassing land and roads.

They explained that they were looking for endangered species and had been told by EQT that they had permission to survey and to remove plants from National Forest.