On September 22, 2009 EPA Region III forwarded a referral requesting the Department of Justice (DOJ) file a protective proof of claim in a Chapter 11 bankruptcy action filed by The Endurance Group, LLC in the U.S. Bankruptcy Court for the Northern District of West Virginia. The claim arises under Section 309 of the Clean Water Act (?Act?), 33 U.S.C. ? 1319 for violations of Section 404. The Region requested DOJ file a protective proof of claim against The Endurance Group in connection with their Site commonly known as Neal Run Crossing in Lubeck District, Wood County, West Virginia. In 2006, The Endurance Group or persons acting on their behalf rerouted a stream on the Site without first acquiring a permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. EPA seeks to preserve its right to require restoration of the Site in the bankruptcy proceedings.