THIS ADMINISTRATIVE PENALTY ORDER IS ISSUED TO E.H. OFTEDAL AND SONS AND THE MONTANA DEPARTMENT OF TRANSPORTATION FOR THE UNAUTHORIZED PLACEMENT OF FILL INTO ROSEBUD CREEK AND ADJACENT WETLANDS WITHOUT A PERMIT DURING THE MARCH 2000 CONSTRUCTION OF A GABION WALL AND ASSOCIATED RIVER DIVERSION STRUCTURES AS PART OF THE HIGHWAY 314 CONSTRUCTION PROJECT ON THE NORTHERN CHEYENNE RESERVATION. THE PROPOSED PENALTY FOR $137,500 FOR EACH OF THE ALLEGED VIOLATIONS.