THIS CASE PERTAINS TO A VIOLATION OF CWA 301(a) WHERE EPA ALLEGES THAT NALLY & HAMILTON DISCHARGED DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. AT A SURFACE MINING SITE IN HARLAN COUNTY, KY (SMCRA PERMIT 848-0211, REFERRED TO HEREIN AS FUGITT CREEK), OUTSIDE THE LIMITS AUTHORIZED BY THE SECTION 404 PERMIT ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS ( CORPS ). IN ADDITION TO THE CWA VIOLATION, THE DEFENDANT VIOLATED CWA SECTION 301(a) BY DISCHARGING DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. AT A SURFACE MINING SITE IN KNOX COUNTY, KY (SMCRA PERMIT 860-0380, REFERRED TO HEREIN AS DOTY CREEK ) WITHOUT AUTHORIZATION BY THE CORPS. THE CD THE DEFENDANT AND EPA SIGNED REQUIRES THE DEFENDANT, AT ITS OWN EXPENSE, TO RESTORE AND/OR MITIGATE THE DAMAGES CAUSED BY ITS UNLAWFUL ACTIVITIES AND REQUIRES DEFENDANT TO PAY CIVIL PENALTIES IN THE AMOUNT OF $660,000 TO THE U.S. AS PROVIDED IN SECTION 319(d) OF THE CWA.
AT THE DOTY CREEK SITE, THE INJUNCTIVE RELIEF SOUGHT IN THE CD REQUIRES THE DEFENDANT TO RESTORE AND MONITOR THE RESTORATION OF TEMPORARY STREAM IMPACTS ASSOCIATED WITH SEDIMENT PONDS 105, 106 AND 92 AND HOLLOW-FILL 17 IN THE UNNAMED TRIBUTARY TO BREEDING CREEK. DEFENDANT WILL EMPLOY THE STREAM RESTORATION MEASURES DETAILED IN APOGEE'S A STREAM RESTORATION PLAN FOR A PROPOSED SURFACE MINE NEAR SUGAR BRANCH, KNOTT COUNTY, KY WHICH IS INCORPORATED IN THE CD AS AN APPENDIX. WORK AT THE DOTY CREEK SITE SHALL BE COMPLETED WITHIN 60 DAYS OF DEFENDANT'S RECEIPT OF ANY AP