THIS CIVIL JUDICIAL REFERRAL PURSUANT TO THE CLEAN WATER ACT IS ISSUED TO BLACK MESA PIPELINE, INC. FOR VIOLATIONS INVOLVING THE DISCHARGE OF COAL SLURRY TO WATERS OF THE U.S. WITHOUT A VALID NPDES PERMIT, AND ALSO FOR FAILURE TO COMPLY WITH A PREVIOUSLY ISSUED ADMINISTRATIVE ORDER. THE REFERRAL ASKS THE DEPARTMENT OF JUSTICE TO FILE A CIVIL JUDICIAL COMPLAINT AGAINST BLACK MESA PIPELINE SEEKING INJUNCTIVE RELIEF (CEASE UNPERMITTED DISCHARGES) AND A CIVIL PENALTY (AMOUNT TO BE DETERMINED).