1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. MESA VERDE ENTERPRISES, INC., A NEW MEXICO CORPORATION FACILITIES: 1. CONCRETE BATCH AND ASPHALT BATCH PLANT LA LUZ GATE ROAD 4 MILES WEST HWY. 54 2. SAND AND GRAVEL QUARRY 1 MILE EAST OF HWY 54 ALAMOGORDO, OTERO COUNTY, NEW MEXICO 88311 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITIES WITHOUT NPDES PERMIT COVERAGE, AND 2) FAILING TO DEVELOP, IMPLEMENT, AND MAINTAIN A STORM WATER POLLU- TION PREVENTION PLAN (SWPPP) AND BEST MANAGEMENT PRAC- TICES (BMPS). 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVER- AGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLI- ANCE WITH ALL OF THE APPLICABLE REQUIREMENTS OF THE PER- MIT, C) WITHIN 30 DAYS OF THE AO,