'This is a Civil Judicial Referral pursuant to Section 404 of the Clean Water Act asking the Department of Justice to bring an action against J.W. Brown (Brown Bulk Transportation and Valley Materials Corporation). Between 1997 and 2000, the company filled waters of the United States as part of an unauthorized aggregate mining operation on and near lands owned by the Pala Band of Mission Indians. According to the Tribe, they did not authorize nor participate in these activities. The company excavated an 18 acre pit within the main channel of the river and constructed an earthen dam. These intrusions destroyed aquatic habitat occupied by the endangered arroyo southwestern toad, caused the river to change course, and increased the risk of flood damage to tribal infrastructure. The referral package includes requirements for the proposed defendants to: (1) prepare and implement EPA approved work plans for site restoration and stabilization; and (2) provide interagency access to the site to monitor their compliance with these plans. Also, we recommend imposing civil penalties against the defendants to deter illegal aggregate mining throughout the watershed. NOTE: For further information on the closely related judicial action against the Pala Band of Mission Indians, see the case summary under the Pala Band referral (09-2004-0369)