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<br /> <br />11. EPA and the U.S. Army Corps of Engineers (the "Corps") have determined that the <br />discharges described in Paragaph 4, above, were tamed out without the required authorization <br />from the Corps pursuant to Section 404 of the Act, 33 U.S.C. § 1344. <br />12. The wetlands, and South Platte River side channels and tributaries, filled and disturbed by <br />the activities described in Paragaph 4, above, are part of an aquatic and riparian system that <br />provided various functions and values, including: wildlife habitat for waterfowl, raptors, and other <br />birds; deer, and other mammals, and fish; water quality enhancement; food chain support; Bound <br />water recharge and discharge; flood conveyance, storage or peak attenuation; and recreation and <br />aesthetics. <br />13. Each discharge of pollutants from a point source by Respondent Hall-Irvin between <br />approximately June of 1998 through the present into "navigable waters" without fast obtaining the <br />requisite authorization pursuant to Section 404 of the Act, 33 U.S.C. § 1344, constitutes a <br />violation of Section 30] (a) of the Act, 33 U.S.C. § 1311(a). <br />14. Each day the discharges remain in the wetlands described in Paragaph 4 above without the <br />required permit issued pursuant to Section 404 constitutes an additional day of violation of Section <br />301. <br />15. Although Respondent Hall-Irwin has removed illegally sidecast materials discharged in the <br />wetlands described in Paragaph 4 above, the extent and impacts of any remaining discharges of <br />pollutants, including but not limited to the slurry wall, remains unknown. <br />16. The environmental harm of the violations can be remedied through appropriate <br />investigations, proper planning and through commonly used construction, digging, revegetation <br />and best management practices to restore or mitigate the affected wetlands and protect water <br />quality and the environment, <br />17. Activities to be carried out under this Order are remedial, not punitive, and are necessary to <br />achieve the Clean Water Act's objective "to restore and maintain the chemical, physical, and <br />biological integrity of the Nation's waters." CWA Section 10](a), 33 U.S.C. § 1251 (a). The <br />removal, restoration, and stabilisation described in Paragraph 15, above, is appropriate to alleviate <br />actual and potential harm to water quality and aquatic habitat caused by Respondent Hall-Irwin's <br />unauthorized activities. <br />18. These FINDINGS OF VIOLATION and the ORDER which follows have been made after <br />consultation and coordination with the United States Army, Corps of Engineers, Omaha District. <br />ORDER <br />Based upon the foregoing FINDINGS OF VIOLATION, and pursuant to Section 308 and <br />309(a), 33 U.S.C. §§ 13 ] 8 and 1319(a), it is hereby ordered: <br />