ELK RUN COAL COMPANY, INC. PLACED A WEIR IN THE COAL RIVER WITHOUT A PERMIT AFTER BEING TOLD A PERMIT WAS REQUIRED. THE CORPS IS CURRENTLY PROCESSING AN AFTER-THE-FACT PERMIT APPLICATION. THIS PENALTY IS BEING ISSUED A RESULT OF ELK RUN COAL COMPANY'S BLATANT DISREGARD OF THE PERMIT PROCESS.