THE PROPOSED DEFENDANTS FILLED WETLANDS IN ORDER TO CONSTRUCT A CORRECTIONAL FACILITY, INCLUDING ACCESS ROADS, AND RELATED STRUCTURES, IN DARTMOUTH, MASSACHUSETTS. THE FILLED AREA CONSTITUTES APPROXIMATELY 11.56 ACRES. THE FILLING BEGAN IN SEPTEMBER, 1988 AND WAS COMPLETED IN MAY, 1990. THE PROPOSED DEFENDANTS FILLED THE WETLANDS WITHOUT OBTAINING A PERMIT FROM THE ARMY CORPS OF ENGINEERS AND WITHOUT QUALIFYING FOR EXEMPTIONS.