9/12/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $65,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MAY 19,2003, TO MARCH 13, 2004, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES RESULTING FROM SURFACE COAL MINING ACTIVITIES ASSOCIATED WITH KENTUCKY DNR PERMIT NO. 680-5012. RESPONDENT IMPACTED APPROXIMATELY 969 LINEAR FEET OF AN UNAMED TRIBUTARY TO ROAD FORK, WHICH IS TRIBUTARY TO COLDWATER FORK, WHICH IS TRIBUTARY TO ROCKCASTLE FORK, WHICH EMPTIES INTO TUG FORK, A SECTIN 10 WATER OF THE UNITED STATES THAT IS USED OR SUSCEPTIBLE TO USE IN INTERSTATE COMMERCE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR ABOUT MAY 19, 2003, TO MARCH 13, 2004, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER 404 OF THE CWA, IS A VIOLATION OF 301(a) OF THE CWA.