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6  <br />  <br /> 29. The Defendants and/or persons acting on their behalf used mechanized land‐ <br />clearing and earth‐moving equipment to accomplish the discharges. This equipment <br />constitutes a “point source” as defined in CWA section 502(14), 33 U.S.C. § 1362(14). <br /> 30. Other than for a portion of their discharges relating to a mine access road <br />crossing adjacent to the La Plata River, Defendants did not obtain a permit from the <br />Secretary of the Army, acting through the Corps of Engineers, for the discharges of dredged <br />or fill material into waters of the United States, as required and authorized, respectively, by <br />CWA sections 301(a) and 404, 33 U.S.C. §§ 1311(a) and 1344. <br /> 31. For some of their discharges during 2008 and 2009 to wetlands adjacent to the <br />La Plata River, the Defendants obtained authorization from the Corps of Engineers. <br /> 32. The Defendants either owned, leased, or otherwise controlled the land on which <br />each unauthorized discharge of dredged or fill material into waters of the United States <br />occurred. <br /> 33. The Defendants conducted, contracted for, supervised, and/or otherwise <br />controlled the unauthorized activities at issue described in Paragraph 22 above. <br /> 34. Each Defendant is a person within the meaning of CWA section 502(5), 33 U.S.C. <br />§ 1362(5). <br /> 36. Each Defendant has violated and continues to violate CWA section 301(a), 33 <br />U.S.C. § 1311(a), by its unauthorized discharges of dredged or fill material into waters of <br />the United States, including wetlands, at the Site. <br /> 37. Pursuant to CWA section 309(a), 33 U.S.C. § 1319(a), on April 9, 2012, EPA <br />issued an “Administrative Order for Compliance” (“2012 Compliance Order”) to <br />Defendants. In the 2012 Compliance Order, EPA found that Defendants had discharged <br />Case 1:16-cv-02008-WYD Document 1 Filed 08/08/16 USDC Colorado Page 6 of 10