1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. TEXAS DEPARTMENT OF TRANSPORTATION 125 E. 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701-2483 3. RESPONDENT WAS IN VIOLATION OF SECTION 404 OF THE CWA BY: 1) AT TIMES MORE FULLY KNOWN TO RESPONDENT, RESPONDENT AND/OR INDIVIDUALS ACTING ON ITS BEHALF DISCHARGED DREDGED AND/OR FILL MATERIAL BY MEANS OF HEAVY EQUIP- MENT INTO WETLANDS AND/OR JURISDICTIONAL WATERS OF THE U.S. AS PART OF THE CONSTRUCTION OF THREE HIGHWAY PRO- JECTS WITHOUT A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $100,000 FOR THE VIOLATIONS CITED.