On May 8, 2024, Region 3 entered into an Administrative Order on Consent with Litman Excavating, Inc. to resolve violations of Section 404 of the Clean Water Act resulting from unauthorized discharges of fill material into waters of the United States without a permit at Litman's Route 2 Waste Site near the intersection of State Route 2 and Burch Ridge Road in Moundsville, Marshall County, West Virginia. Litman was using the waste site to place material excavated as part of a West Virginia Department of Highways expansion project along Route 2. On August 20, 2022, unstable stockpiles created by Litman began to slip causing landslides. In response, Litman placed two 10-foot diameter, 500-foot long culverts on top of Coon Run and placed fill material and boulders surrounding the culverts without authorization from the Army Corps of Engineers. As part of the Order, Litman will remove the fill material, restore the area surrounding Coon Run, stabilize the site, and provide mitigation for the impacted stream. The Site is located in an area of potential EJ concern.