ON JANUARY 5, 2007, NORTH COAST ENERY EASTERN, INCORPATED, LOCATED IN ELKVIEW, KANAWHA COUNTY, WV DISCHARGED 3.5. BARRELS OF CRUDE OIL FROM A PIPELING. THE RESPONDENT IS THE OWNER OF AN ONSHORE PRODUCTION FACILITY. THE SPILL ENTERED DOUGLASS BRANCH, A NAVIAGABLE WATER OF THE U.S., WHICH IS A VIOLATION OF SECTION 311(b)(3) OF THE CWA. DOUGLASS BRANCH IN A VAIGABLE WATER OF THE US. THE DISCHARGE CREATED A SHEEN ON THE WATER AND IS THREFORE A HARMFUL QUANTITY OF OIL AS DEFINED IN 40 CFR PART 110.3