NATURE OF THE CASE: THIS IS A PROPOSED CIVIL ACTION AGAINST HURBERT LEWIS, CARTER COUNTY, TENN, FOR VIOL OF SEC 301(A) OF THE CWA, 33 USC SEC 1311(A) (DISCHARGING DREDGE & FILL MAT- ERIALS INTO WATERS OF THE US W/O A CORPS OF ENGINEERS PERMIT UNDER SEC 404.). THE DEF HAS DEPOSITED APPROX 11,000 CUBIC YRDS OF DREDGE &/OR FILL MATERIAL INTO STONEY CREEK, A TRIBUTARY OF THE WAUTAUGA RIVER. PROPOSED REMEDY: THE AGENCY SHOULD REQUEST THE FILING OF A CIVIL ACTION SEEKING TO ENJOIN THE DEF FROM ANY FURTHER DIS- CHARGE OF DREDGE &/OR FILL MATERIAL INTO STONEY CREEK, TO ENJOIN DEF TO REMOVE THE DISCHARGED MATERIALS & RESTORE THE CREEK, & TO ASSESS CIVIL PLTY'S. THE CORPS HAS DEVEL- OPED PROPOSED REMOVAL & RESTORATION MEASURES.