NO DISCHARGE PERMIT HAS BEEN SOUGHT OR GRANTED TO FOGLE AUTHORIZING THE DISCHARGES DESCRIBED IN FORGOING PARAGRAPHS 33 AND 34. SAID DISCHARGES OF POLLUNTANTS FROM POINT SOURCES TO WATERS OF THE UNITED STATES WERE AND ARE NOT AUTHORIZED BY A PERMIT ISSUED PURSUANT TO CWA 402, AND THUS ARE VIOLATIONS OF CWA 301.