THIS CASE INVOLVES VIOLATIONS OF CWA 404 AT TWO ADJACENT SITE IN MUHLENBERG COUNTY, KY. THE TWO SITE LIE ADJACENT TO EACH OTHER ON OPPOSITE SIDE OF A RAILROAD TRACK, WHICH RUN GENERALLY IN AN EAST-WEST DIRECTION. THE TRACT ON THE SOUTHERN SIDE OF THE RAILROAD TRACK (SOUTHERN TRACT) IS WHERE THE SECTION 404 VIOLATIONS WERE FIRST OBSERVED. THE DEFENDANTS LATER ACQUIRED THE TRACT OF LAND NORTH OF THE RAILROAD TRACKS (NORTHERN TRACT) AND CONTINUED THEIR ILLEGAL ACTIVITIES ON THIS TRACT AS WELL. THE DEFENDANTS IN THIS CASE ARE GEORGE RUDY CUNDIFF (MR CUNDIFF) AND HIS SON CHRISTOPHER SETH CUNDIFF. ALTHOUGH CHRISTOPHER CUNDIFF IS NAMED AS A DEFENDANT DUE TO HIS OWNERSHIP OF THE NORTHERN TRACT, MR. CUNDIFF IS CONSIDERED TO BE THE PRIMARY VIOLATOR BECAUSE HE HAS ADMITTED TO CONDUCTING ALL OF THE WORK ON BOTH TRACTS OF LAND.
FOLLOWING NUMEROUS INSPECTIONS BY EPA (SEPT 9, 1992; OCT 14, 1998; JUNE 28, 2001; OCT 15-16, 2001), THE ARMY CORPS OF ENGINEERS (OCT 3, 1991; JUNE 30, 1992; DEC 16, 1993; OCT 15, 1997; AND JUNE 28, 2001), AND THE KY DIV OF WATER (OCT 1, 1991; OCT 3, 1991; AUG 14, 1998; NOV 5 & 10, 1998; JAN 20, 1999; AND SEPT 9, 2001), MR. CUNDIFF AND CHRISTOPHER SETH CUNDIFF WERE DETERMINED TO BE IN VIOLATION OF SECTIONS 301 AND 404 OF THE CWA. THE CUNDIFFS HAVE EXCAVATED APPROX 6,600 LINEAR FEET OF NEW DITCHES AT THE SITE AND ENLARGED ANOTHER 5,300 LINEAR FEET OF EXISTING DITCHES, THEREBY ADVERSELY IMPACTING THE SITE'S WETLAND HYDROLOGY. THEY HAVE ALSO DIRECTLY IMPACTED APPROX