# NALLY & HAMILTON ENTERPRISES
> **Administrative - Formal** · FY2017 · — · Final Order No Penalty
## Case
- **Activity ID:** `3601079534`
- **Case Number:** 04-2017-5752
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- NALLY & HAMILTON (settlement)
## Summary

4/18/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.  

THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDING APPROX 2,275 LINEAR FEET OF COLDIRON BRANCH. COLDIRON BRANCH IS A PERENNIAL TRIBUTARY OF THE POOR FORK OF THE CUMBERLAND RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.  THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING COAL MINING OPERATIONS ON THE SITE.

COMMENCING ON OR ABOUT JAN 2012 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A JURISDICTIONAL WATER ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH A COAL MINING OPERATION. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.

RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2,275 LINEAR FEET OF COLDIRON BRANCH, A TRIBUTARY OF THE POOR FORK OF THE CUMBERLAND RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.

AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.

AGREEMENT:

A. RESPONDENT SHALL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN PREPARED BY BIOLOGICAL SYSTEMS CONSULTANTS, INC., DATED AUG 16, 2016.

B. WITHIN 30 DAYS, RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION.

C. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*