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<br />and 1344, respectively. <br /> <br />11. EPA and the U.S. Army Corps of Engineers (the "Corps") have determined that the <br />discharges described in Pazagaph 4, 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 />12. Since discharging the dredged or fill material as described in Pazagaphs 4 and 5, above, <br />none of the Respondents have been authorized by any permit issued under CWA Section 404, <br />33 U.S.C. § 1344, to allow the unauthorized discharges to remain. <br />13. The wetlands, and South Platte River side channels and tributaries, Slled and disturbed by <br />the activities described in Paragraph 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 rechazge and discharge; flood conveyance, storage or peak attenuation; and recreation and <br />aesthetics. <br />14. Each discharge of pollutants from a point source by any Respondent between <br />approximately June of 1998 through the present into "navigable waters" without first obtaining the <br />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), and the Respondents are jointly and <br />severally liable forthe violations. <br />15. Each day the dischazges remain in the wetlands described in Pazagraph 4, above, without <br />the required permit issued pursuant to Section 404 constitutes an additional day of violation of <br />Section 301. <br />16. Although Respondent Hall-twin has removed illegally sidecast materials dischazged in the <br />wetlands described in Paragraph 4, above, the extent and impacts of any remaining discharges of <br />pollutants, including but not limited to the slurry wall, remains unknown. <br />17. 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 />18. 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 101(x), 33 U.S.C. § 1251 (a). The <br />removal, restoration, and stabilization described in Paragraph 17, above, is appropriate to alleviate <br />actual and potential harm to water quality and aquatic habitat caused by Respondents unauthorized <br />activities. <br />19. These FINDINGS OF VIOLATION and the ORDER which follows have been made after <br />