RESPONDENT, TOM SIMRELL & TOM MILLER (MILLER ENTERPRISES), DREDGED WETLANDS TO CREATE A POND IMPOUNDMENT IN THE WETLANDS FOR RECREATIONAL PURPOSES. THE DREDGED AND FILL MATERIAL WAS DISCHARGED IN WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY TO TINKER CREEK WHICH EVENTUALLY FLOWED INTO SUSQUEHANNA RIVER. RESPONDENTS VIOLATED SECTION 301(a) of CWA, 33 USC SECTION 1311(a), BECAUSE THEY FAILED TO GET A PERMIT UNDER SECTION 044 OF CWA, 33 USC SECTION 1344.