2016-08-10_GENERAL DOCUMENTS - M1981185

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5 fill material into waters of the United States without a permit under CWA section 404 at the approximately 275‐acre May Day Idaho Mine Complex property located in Section 28, Township 36 North, Range 11 West, N.M.P.M., La Plata County, Colorado (the “Site”). 23. Waters of the United States on the Site include (a) wetlands adjacent to the La Plata River, which have a continuous surface connection with the La Plata River, and (b) Little Deadwood Gulch, a tributary that flows at least seasonally or intermittently and flows into the La Plata River. 24. The La Plata River is a perennial, interstate water. It is also a tributary of the San Juan River, which is a navigable‐in‐fact interstate water. 25. The wetlands on the Site, either alone or in combination with similarly situated waters in the region, have a significant nexus to and/or substantially affect, the chemical, physical, or biological integrity of downstream interstate and/or traditional navigable waters, including the La Plata River and the San Juan River. 26. Little Deadwood Gulch is a tributary which, either alone or in combination with similarly situated waters in the region, has a significant nexus to and/or substantially affects, the chemical, physical, or biological integrity of downstream interstate and/or traditional navigable waters, including the La Plata River and the San Juan River. 27. Little Deadwood Gulch, the La Plata River, the San Juan River, and their adjacent wetlands, constitute waters of the United States and navigable waters under CWA section 502(7), 33 U.S.C. § 1362(7). 28. The dredged or fill material that the Defendants and/or persons acting on their behalf caused to be discharged includes, among other things, dirt, spoil, rock and sand, all of which constitute “pollutants” as defined in CWA section 502(6), 33 U.S.C. § 1362(6). Case 1:16-cv-02008-WYD Document 1 Filed 08/08/16 USDC Colorado Page 5 of 10