EPA alleges that Respondent violated Clean Water Act Section 301(a) (33 U.S.C. ? 1311(a)) by placing
over 1,000 cubic yards of fill material consisting of riprap, fine gravels and native on-site materials
below the ordinary high-water mark of the Salmonberry River. This work was done without a
Department of the Army Clean Water Act Section 404 permit (33 U.S.C. ? 1344). Respondent has also
agreed to develop and implement a riparian enhancement plan for areas along the Nehalem River. This
action is being simultaneously commenced and concluded in a Consent Agreement and Final Order.
Under the proposed Consent Agreement and Final Order, Oregon Coast Scenic Railroad will pay a civil
penalty of $5,000.