1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, A NEW MEXICO AGENCY AND MEADOW VALLEY CONTRACTORS, A NEVEDA CORPORATION FACILITIES: 1. TPA-(0048)(12)-CN1738 - PROJECT 12 BEGINS AT SUDDERTH STREET AND ENDS AT WHITE MOUNTAIN ROAD RIUDOSO, LINCOLN COUNTY, NEW MEXICO 88345 2. TPA-(0048)(10)-CN0999 - PROJECT 10 BEGINS AT WHITE MOUNTAIN ROAD AND ENDS AT NM532 RIUDOSO, LINCOLN COUNTY, NEW MEXICO 88345 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITIES WITHOUT NPDES PERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, APPLY FOR A PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE ASSIGNED PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO COR- RECT THE DEFICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS, AND TO COME INTO COMPLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT