The site, which is adjacent to the Pond Creek Mine, is approximately 254 acres in size and is located about 5 miles east of Johnston City in Williamson County, Illinois. In November 2008, a neighboring land owner notified the United States Army Corps of Engineers ( Corps ) that Williamson was conducting activities on the site that may be in violation of the CWA. On the basis of a site visit and other information, the Corps issued a December 29, 2008, Notice of Violation (NOV) to Williamson for the discharge of dredged and fill material (earthen fill and timber harvesting debris) via mechanized land clearing and grading into waters of the United States. In clearing and grading the land, Williamson (through its contractor) disturbed eight intermittent and ephemeral stream reaches with a direct hydrologic connection to Pond Creek and eventually the Big Muddy River, a traditionally navigable water. These activities occurred without a permit under Section 404 of the CWA, 33 U.S.C. ? 1344.