In 2002 and 2005, and at times more fully known to the City of Blackfoot (Respondent), the city and/or persons acting on its behalf, discharged dredged or fill material below the ordinary high water mark without a 404 permit while reconstructing or maintaining diversion structures in the Snake River near the I-15 bridge near the City of Blackfoot, Idaho. During this time period, the city placed dredged and/or fill material into approximately 0.5 acres of riverbed and adjacent riparian areas.