1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. M & R SAND AND GRAVEL FACILITY: SECTION 31, TOWNSHIP 17 NORTH, RANGE 9 EAST AGUA FRIA, SANTA FE COUNTY, NEW MEXICO 87501 3. RESPONDENT WAS IN VIOLATION OFSECTION 404 OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF DREDGED AND/OR FILL MATER- IAL INTO NAVIGABLE WATERS OF THE U.S. WITHOUT AUTHORIZA- TION OF COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RE- SPONDENT TO CEASE IMMEDIATELY ANY DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AND: A) WITH IN 30 DAYS, A) REMOVE ALL STOCKPILED MATERIALS FROM THE RIVER CHANNEL; AND B) RESTORE THE PRE-VIOLATION SURFACE CONTOURS OR; B) WITHIN 30 DAYS, APPLY FOR A COE 404 PER- MIT FOR WORK PERFORMED AND ANY RELATED DISCHARGES ASSOCI- ATED WITH THE PROJECT; C) IF RESPONDENT FAILS TO OBTAIN A 404 PERMIT, WITHIN 15 DAYS OF NOTIFICATION BY EPA OR COE, BEGAN RESTORATION TO RESTORE THE SITE AS DESCRIBED IN THE AO; AND D) WITHIN 15 DAYS OF RECEIPT OF THE AO, NOTIFY EPA OF ITS INTENT TO COMPLY WITH THE AO.