2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

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the Order pursuant to CWA Section 309(b), 33 U.S.C. § 1319(b). D. In the Complaint, the United States seeks civil penalties against the Defendants, pursuant to CWA Section 309, 33 U.S.C. § 1319, for alleged violation of Section 301(a) of the Clean Water Act, 33 U.S.C. § 1311(a), by discharging dredged and fill material into waters of the United States without appropriate permits under CWA Section 404, 33 U.S.C. § 1344. The United States also seeks injunctive relief against the Defendants in the form of a court order requiring them not to violate the CWA, and an injunction requiring them to restore the Site. E. The United States and Defendants agree that settlement of this case is in the public interest and that entry of this Consent Decree is the most appropriate means of resolving the United States' claims under the CWA against Defendants in this case. F. The Court finds that this Consent Decree is a reasonable and fair settlement of the TJnited States' claims against Defendants in this case, and that this Consent Decree adequately protects the public interest in accordance with the CWA and all other applicable federal law. THEREFORE, in lieu of taking of any testimony upon the pleadings, without further adjudication. of any issue of fact or law, and upon consent of the parties hereto by their authorized representatives, it is hereby ORDERED, ADJUDGED, and DECREED as follows: II. JURISDICTION AND VENUE 1. Court's Jurisdiction. This Court has jurisdiction over the subject matter of this action and over the parties pursuant to 28 U.S.C. §§ 1331, 1345, and 1355, and Section 309(b) of the CWA, 33 U.S.C. § 1319(b). 2. Venue. Venue is proper in the District of Colorado pursuant to CWA Section 309(b), 33 U.S.C, § 1319(b), and 28 U.S.C. §§ 1391(b) and (c), and 1395(a), because the Defendants —3— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 5 of 82