1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. ABIQUIU SAND AND GRAVEL HIGHWAY 84 ABIQUIU, RIO ARRIBA COUNTY, NEW MEXICO 87510 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY ENGAGING IN AN INDUSTRIAL ACTIVITY WITHOUT BEING COV- ERED BY AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO EXPLAIN THE FACILITY'S NON-COMPLIANCE, OBTAIN AN NPDES PERMIT, SUBMIT ANY POLLUTION PREVENTION PLAN, AND APPEAR AT AND MEET WITH EPA AND SHOW CAUSE.