6/22/04 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500.
ALLEGATIONS:
COMMENCING ON OR ABOUT DECEMBER 1, 2003 TO PRESENT, 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 ACTIVITIES ASSOCIATED WITH THE CLEARING AND GRUBBING OF THE HOLLOWFILL PRINT DURING COAL MINING ACTIVITIES. RESPONDENT IMPACTED 2,895 LINEAR FEET OF NEGRO BRANCH, A TRIBUTARY TO BIG CREEK.