On October 5, 2021, EPA referred a civil judicial action to DOJ against Waco Oil & Gas Company, Inc. (?Waco?) for violations of Sections 301 and 404 of the CWA in the form of unauthorized discharges of dredged and/or fill material to waters of the United States in connection with construction of a site for speculative development in Braxton County, West Virginia. Beginning in September 2016, Waco operated equipment that discharged dredged and/or fill material to construct two flat pads and an access road causing direct impacts to 6 separate stream channels, filling 2,059 linear feet of stream and 0.19 acres of wetlands, and causing secondary impacts as a result of the fill of downstream aquatic resources. Waco performed this work without a required permit from the U.S. Army Corps of Engineers, and has a previous history of similar violations at other locations in the state. Waco has so far failed to comply with a unilateral administrative order issued by the Region on February 9, 2021 to develop a restoration plan to adequately address the impacts on-site, and to submit a certificate of temporary stabilization. Through the referral, EPA seeks to require Waco to stabilize the site, submit an adequate restoration plan that includes compensatory mitigation as necessary, and pay a penalty. The West Virginia Department of Environmental Protection was informed of EPA?s intent to refer the matter, and expressed interest in joining the action as a co-plaintiff to bring claims re