THE RESPONDENT CAUSED OR ALLOWED FILL MATERIAL TO BE DIS- CHARGED INTO WATERS OF THE UNITED STATES (WETLANDS) ON PRO- PERTY OWNED BY RESPONDENT. THE RESPONDENT'S DISCHARGED WAS IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT BECAUSE RESPONDENT DID NOT HAVE A SECTION 404 PERMIT. RESPONDENT'S UNAUTHORIZED FILL WAS CAUSED BY RESPONDENT'S CREATION OF A NEW DRAINAGE DITCH THROUGH THE WETLANDS. THE U.S. EPA WILL ISSUE A SECTION 309(A)(3) ORDER TO RESPONDENT.