6/22/04 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500.
ALLEGATIONS: RESPONDENT WAS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED ADJACENT TO NEGRO BRANCH, A TRIBUTARY TO BIG CREEK, NEAR THE CITY OF HAZARD, KY. COMMENCING BETWEEN OCTOBER 2003 AND DECEMBER 2003, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED CONSTRUCTION OF A SEDIMENT POND IN ASSOCIATION WITH COAL MINING ACTIVITIES. RESPONDENT IMPACTED 700 LINEAR FEET OF NEGRO BRANCH. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDEN