THIS ADMINISTRATIVE PENALTY ORDER IS ISSUED TO THE MONTANA DEPARTMENT OF TRANSPORTATION AND E. H. OFTEDAL AND SONS 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 MORTHERN CHEYENNE RESERVATION. THE PROPOSED PENALTY IS $137,500 FOR THESE ALLEGED VIOLATIONS.