THE VIOLATION AROSE OUT OF CONSTRUCTION ACTIVITIES THAT RESPONDENTS CONSTRUCTED IN THE PLATTE RIVER BETWEEN LINCOLN AND OMAHA, NEBRASKA IN FEBRUARY AND MARCH 2006 AS THEY WERE BUILDING THE I-80 BRIDGE. NDOR HAD OBTAINED A 404 PERMIT TO CONSTRUCT A CAUSEWAY IN THE PLATTE RIVER FOR A STAGING AREA. THE CONTRACTOR, HAWKINS, EXTENDED THE SAND CAUSEWAY BEYOND THE LIMITS OF NDORÂS 404 PERMIT LIMITS AND THEN CONSTRUCTED ANOTHER CAUSEWAY IN THE SAME CHANNEL. THIS WAS DONE AFTER NDOR HAD RECEIVED A LETTER FROM THE U.S. FISH & WILDLIFE WHICH APPROVED THE ORIGINAL 404 PERMIT PROVIDED THE CHANNEL WAS NOT CONSTRICTED FURTHER. BOTH THE LENGTHENING OF THE ORIGINAL CAUSEWAY AND CONSTRUCTION OF THE NEW CAUSEWAY DIRECTLY CONTRAVENED THE OPINION FORM FISH & WILDLIFE. THE AREA OF CONSTRUCTION SERVES AS HABITAT FOR THREE ENDANGERED SPECIES. THIS FINDINGS OF VIOLATION/ORDER REQUIRES MITIGATION.