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_ • ,u~ ~ PPCE 22/30 <br />72. Sn managing the Suffer Zone, granting licenses and <br />easements to WAi, providing for road relocation without <br />proi:ectirg wetlands, and assisting in WAI's sand and gravel <br />mining operations, Defendant DOE has unlawfully withheld <br />comF>liance with 60 11990 within the meaning of the Administrative <br />Procedure Act. 5 U.S.C. § 706(1). Consequently, each of these <br />Defendant DOE's actions taken without compliance wieh EO 11990 is <br />arbitrary and capricious, an abuse of discretion, not in <br />accordance with law, and without observance of procedure required <br />by l,av within the meaning of the Administrative Procedure Act. 5 <br />II_5_C_ § 706(2). <br />F~IGHTH CLAIM FOR BELIEF <br />(violation of 33 U.S.C. ~ 1344 (Clean Water Act) - Against <br />the Corps) <br />73. Each and every allegation set forth in the Second <br />Amended Complaint is incorporated herein by reference. <br />74_ A basic policy of section 404 of the CWA is the <br />protection of our nation's wetlands and the important functions <br />they serve. 'through section 404, the A=my Corps of Engineers has <br />jurisdiction to regulate impacts to wetlands and discretion to <br />issue permits for the discharge of dredged or fill materials into <br />navigable waters. 33 U.S.C. § 1344 (a) & (b). Activities that <br />will :significantly alter or destroy a wetland or change the <br />c-1~arac:ter of a wetland require a permit from the Corps. <br />;c5. Removal of Rocky Flats alluvium as parC of WAI's mining <br />expan~:ion will dewater the existing wetlands by removing the <br />subsux'face flow paths. These wetlands are the result of a <br />Sind Punafd(d Complaint <br />21 <br />