8/15/05 - COMPLAINT FILED, PROPOSING A PENALTY OF UP TO $27,500. SOMETIME BETWEEN DECEMBER 1, 2003, THROUGH JANUARY 1, 2004, RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPONDENT, OWNED AND/OR OPERATED FORESTRY HARVESTING EQUIPMENT WHICH WERE USED TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT A SECTION 404 PERMIT. RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPNDENT UTILITZED THE EQUIPMENT TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT NEGRO BRANCH WHICH IS A TRIBUTARY OF BIG CREEK. THESE DISCHARGES OCCURRED DURING UNAUTHORIZED LAND-CLEARING AND TREE HARVESTING ACTIVITIES ASSOCIATED WITH PREPARING A SITE CONTAINING A WATER OF THE U.S. FOR COAL MINING. THE WORK WAS CONDUCTED WITHOUT A CWA SECTION 404 U.S. ARMY COE PERMIT. THE DISCHARGE OCCURRED NEAR THE CITY OF HAZARD, IN CLAY COUNTY, KY.