2/10/03 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500. RESPONDENT IS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED ADJACENT AND TRIBUTARY TO MILL CREEK, NEAR AVENUE G, IN THE CITY OF DALTON, NEAR 34 DEGREE 47.604' NORTH LATITUDE AND 84 DEGREES 56.820' WEST LONGITUDE, IN WHITFIELD COUNTY, GA. COMMENCING IN JULY 1998 AND WORKING THRU MARCH 1999, 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 BULL DOZERS AND OTHER MECHANIZED EQUIPMENT DURING CONSTRUCTION OF A PUBLIC SCHOOL, PARK AND RECREATIONAL COMPLEX. HYDROLOGICALLY, THE SITE IS ADJACENT AND TRIBUTARY TO MILL CREEEK, WHICH ITSELF IS TRIBUTARY TO THE COAHULLA CREEK, WHICH IS TRIBUTARY TO CONASAUGA RIVER. RESPONDENT IMPACTED .70 ACRES OF WETLANDS AND 2,726 LINEAR FEET OF AN UNNAMED TRIBUTARY TO MILL CREEK. THE WETLANDS AND THE UNNAMED TRIBUTARY TO MILL CREEK ARE WATERS OF THE U.S. THE DISCHARGED DREDGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT THE SITE ARE POLLUTANTS AS DEFINED UNDER THE CWA SECTION 502(