THE CHICAGO AND SOUTH SHORE AND SOUTH BEND RAILROD ( CHICAGO SOUTH SHORE ) FILLED APPROXIMATELY 1.6 ACRES OF WETLANDS TO CREATE A LOADING DOCK WITHOUT OBTAINING A PERMIT. 0.6 ACRES WAS DESIGNATED AS UNSUITABLE FOR DISPOSAL SITE SPECIFICATION UNDER THE ADVANCE IDENTI- FICATION OF DISPOSAL SITES PROCESS. THE WETLAND AREA WHICH CONTAINED RARE SPECIES OF PLANTS AND WAS A VALUABLE WILDLIFE HABITAT, WAS LISTED AS A SIGNIFICANT SITE BY THE INDIANA DEPT. OF NATURAL RESOURCES. USEPA PROPOSES TO ISSUE A 309(A) ORDER REQUIRING CHICAGO SOUTH SHORE TO SUBMIT AN AFTER-THE-FACT PERMIT APPLICATION WITH A MITIGATION PLAN AND A 309(G) PROPOSED ORDER ASSIGN- AN ADMINSTRATIVE PENALTY. - REGION V IS REFERRING TO THE DEPARTMENT OF JUSTICE A RE- QUEST TO FILE A PROOF OF CLAIM IN RE: CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD. THE U.S. EPA WISHES TO PRESERVE ITS CLAIM AGAINST CHICAGO SOUTH SHORE AND SOUTH BEND RAIL- ROAD FOR CIVIL ADMINISTRATIVE PENALTIES AND INJUNTIVE RELIEF FOR ITS VIOLAITONS OF SECTION 404 OF THE CLEAN WATER ACT, 33 USC SECTION 1344.