This is an Administrative Penalty action pursuant to Sections 402 and 404 of the CWA. The Whetstone Development Company (in association with K.E. & G. Development) is building ýThe Canyons at Whetstone Ranch,ý a residential subdivision. In 2004, EPA required the companies to stop fill and stormwater discharges within affected waters, prepare restoration and monitoring plans, and put in place a system to ensure there will be no further violations. This year (2006) an Administrative Order on Consent issued concurrently with this action requires injunctive relief in the form of a 40-acre off-site preserve to be deeded to the City of Benson for open space. The settlement in this penalty action establishes a $110,000 penalty for violations of both CWA 402 and CWA 404.