8/8/14 - COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAQINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING APPROX 1,195 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO CLEAR FORK OF THE CUMBERLAND RIVER AT THE JELLICO SURFACE MINE #1 NEAR FONDE, IN BELL COUNTY, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF ONE HOLLOW FILL AND TWO SEDIMENT RETENTION PONDS. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OPERATOR OF THE PARCELS OF LAND THAT COMPRISE THE JELLICO SURFACE MINE #1. COMMENCING ON OR ABOUT AUG 18, 2009, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY, DURING THE CONSTRUCTION OF A HOLLOW FILL (HOLLOW FILL 1) AND TWO SEDIMENT RETENTION PONDS (PONDS 1 AND 4). TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S DISCHARGE OF DREDGED AND/OR FILL MATERIAL IMPACTED APPROX 1,195 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO CLEAR FORK OF THE CUMBERLAND RIVER, WHICH FLOW INTO THE CLEAR FORK OF THE CUMBERLAND RIVER, A NAVIGABLE WATER OF THE U.S. RESPONDENT APPLIED FOR PARTIAL COVERAGE UNDER A SECTION 404 CWA PERMIT FOR IMPACTS TOTALING 655 LINEAR FEET IN AN UNNAMED TRIBUTARY TO CLEAR FORK OF THE CUMBERLAND RIVER ASSOCIATED WITH THE CONSTRUCTION OF HOLLOW FILL 1 AND POND 1 ON JULY 28, 2009. HOWEVER, AT NO TIME DUR