On August 5, 2024, EPA Region 3 issued an AOC to the Bogarad Family Partnership to correct violations of Section 404 of the Clean Water Act at its Weirton, West Virginia property (the Site ). As early as spring of 2022 workers on behalf of Bogarad, operated equipment at the Site which discharged dredged and/or fill material to waters of the United States, an unnamed tributary ( UNT ) that flows to Kings Creek, without authorization from the Corps. Respondent's unauthorized discharge of fill material at the Site associated with construction and earth-moving activities impacted approximately 150 linear feet of streams along the UNT. The AOC requires Bogarad to address the violations by removing the unauthorized fill and restoring the stream, followed by monitoring to ensure the restoration work is successful. None of the supplemental EJ Indexes are at-or-above the 90th percentile in the nation or in the state for the area. EPA has consulted with WVDEP during the development of this action.