THIS IS AN ADMINISTRATIVE ORDER FOR PENALTIES WHICH HAS BEEN BROUGHT NEARLY 3 YEARS AFTER ISSUANCE OF A SECTION 309(A) ORDER TO PARTICIPATIONN DEVELOPMENT TO RESTORE CERTAIN WETLANDS WHICH IT FILLED. THE RESPONDENT HAS RESISTED COMPLIANCE ON A NUMBER OF GROUNDS AND HAS BEEN VIEWED AS RECALCITRANT. THE ORIGINAL 309(A) ORDER WAS ISSUED IN CONJUNCTION WITH 2 OTHER ORDERS TO RAY N. WELTER AND THE CITY OF EDEN PRAIRIE FOR ILLEGAL FILL AT AN AREA KNOWN AS THE PURGATORY CREEK RECREATION AREA (PRCA). THE OTHER 2 RESPONDENTS PROMPTLY SUBMITTED PLANS WHICH WERE APPROVED AND IMPLEMENTED.