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<br />As stated by Hall-twin Corporation in its response to EPA's information request under Section <br />308 of the CWA, the equipment used in the installation of the slurry wall were as follows: <br />a. Hitachi 750 Excavator leased and operated by Hall-Irwin Corporation. <br />b. Dresser Model 6200 Excavator owned and operated by Hall-Irwin Corporation. <br />c. Dresser TD-15 Dozer owned and operated by Hall-Irvin Corporation. <br />d. Dresser TD-25 Dozer owned and operated by Hall-Irvin Corporation. <br />5. The South Platte River, its adjacent wetlands, and its side channels or tributaries are <br />each a "navigable water" within the meaning of Section 502 of the Act. 33 U.S:C. § 1362. <br />6. The machinery and earthmoving equipment referenced in Pazagraph 4, above, are each <br />a "point source" within the meaning of the definition set forth in Section 502(14) pf the CWA, 33 <br />U.S.C. § 1362(14). <br />7. The dischazged materials referenced in Paragraph 3, above, are each a "pollutant" <br />within the meaning of the definition set forth in Section 502(6) of the CWA, 33 U.S.C. <br />§ 1362(6) and 40 C.F.R. § 230.2. <br />8. The placement of the discharged material into wetlands adjacent to the South Platte <br />River constitutes a "discharge of pollutants" within the meaning of the definition set forth in <br />Section 502(12) of the CWA, 33 U.S.C. § 1362(12). <br />9. Respondents aze therefore subject to the provisions of the Act, 33 U.S.C. § 1251 et <br />se°•. including Sections 301(a), 308, 309(a}, 309(8) and 404 of the Act, 33 U.S.C. §§ 1311(a), <br />1318, 1319(a), 1319(8) and 1344, respectively. <br />10. EPA and the U. S. Army Corps of Engineers (the "Corps") have determined that the <br />discharges described in Paragraph 3, above, were carried out without the required authorization <br />from the Corps pursuant to Section 404 of the Act, 33 U.S.C. § 1344. <br />11. The South Platte.River, its adjacent wetlands, and its side channels and tributaries, <br />filled and disturbed by the activities described in Paragraph 3, above, provided various functions <br />and values, including: wildlife habitat for waterfowl, raptors, and other birds, deer, and other <br />mammals, and fish; water quality enhancement; food chain support; ground water recharge and <br />discharge; flood conveyance, storage or peak attenuation; and recreation and aesthetics. <br />1 Z. Each dischazge of pollutants from a point source by the Respondents between <br />approximately June of 1998 through July of 1998 into "navigable waters" without first obtaining <br />the requisite authorization pursuant to Section 404 of the Act, 33 U.S.C. § 1344, constitutes a <br />violation of Section 301(a) of the Act, 33 U.S.C. § 1311(a). <br />