RESPONDENT HAS OPERATION AND CONTROL OF THE CONSTRUCTION SITE KNOWN AS MOUNTAINTOWN PATHWAYS, LOCATED OFF MOUNTAINTOWN CREEK AND DEMP'S CREEK, APPROX. 8-10 WEST OF ELLIJAY, GILMER COUNTY, GEORGIA. ON OR ABOUT 9/3/96, GEORGIA ISSUED A GENERAL PERMIT TO REGULATE ALL POINT SOURCE DISCHARGES OF STORMWATER TO THE WATERS OF THE STATE OF GA FROM CERTAIN CONSTRUCTION ACTIVITIES WHERE LAND DISTURBANCE ACTIVITIES OCCUR. THE PERMIT HAS NEVER GONE INTO EFFECT PENDING THE RESULTS OF ADMINISTRATIVE PROCEDURES CONTESTING THE VALIDITY OF THE GENERAL PERMIT. DURING INSPECTION, RESPONDENT WAS DETERMINED TO HAVE A STORMWATER DISCHARGE FROM THE CONSTRUCTION SITE INTO UNNAMED TRIBUTARIES AND INTO DEMP'S CREEK.