COLUMBIA NATURAL RESOURCES, LLC ( COLUMBIA ) IS ENGAGED IN THE COLLECTION AND TRANSPORT OF CRUDE OIL AND NATURAL GAS IN WEST VIRGINIA. THE PROPOSED ADMINISTRATIVE ACTION ADDRESSES AN OIL SPILL FROM A COLUMBIA GATHERING PIPELINE NEAR STATE ROUTE 13 BETWEEN THE TOWNS OF BUCKHANNON AND WESTON IN LEWIS COUNTY, WEST VIRGINIA (HERINAFTER THE PIPELINE ). ON OR ABOUT OCTOBER 4, 2003, AN EMPLOYEE OF COLUMBIA DISCOVERED A PIN HOLE LEAK IN THE PIPELINE AT A POINT WHERE IT CROSSES AN UNNAMED TRIBUTARY OF THE HILLY UPLAND RUN. THE LEAK WAS ATTRIBUTED TO CORROSION OF THE PIPELINE. APPROXIMATELY TWO BARRELS OF CRUDE OIL WERE DISCHARGED FROM RESPONDENT'S PIPELINE INTO THE WATERS OF UNNAMED STREAM. THE UNNAMED STREAM IS A NAVIGABLE WATER OF THE UNITED STATES BECAUSE IT IS A TRIBUTARY OF THE HILLY UPLAND RUN. THE HILLY UPLAND RUN IS A TRIBUTARY OF THE STONECOAL CREEK, WHICH IS A TRIBUTARY OF THE WEST FORK RIVER. THE WEST FORK RIVER IS A TRIBUTARY OF MONONGAHELA RIVER. COLUMBIA'S DISCHARGE OF OIL FROM ITS PIPELINE INTO THE TRIBUTARY OF THE HILLY UPLAND RUN VIOLATED SECTION 311(b)(3) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1321(b)(3). THE ENCLOSED ADMINISTRATIVE COMPLAINT PROPOSES THAT A CLASS I CIVIL PENALTY IN THE AMOUTN OF $3,025.00 BE ASSESSED AGAINST COLUMBIA.