MICHIGAN PEAT OPERATES A PEAT MINING BUSINESS ON APPROX. 1000 ACRES OF A TOTAL 2800 ACRES IT OWNS (SPLIT INTO TWO PARCELS, MINDEN NORTH AND MINDEN SOUTH). MICHIGAN PEAT HAS BEEN ENGAGING IN THIS PEAT MINING FOR DECADES, BUT NEVER APPLIED FOR A PERMIT FOR THEIR DISCHARGES, PURSUANT TO SEC. 301 AND SECTIONS 402 AND 404 OF THE CLEAN WATER ACT, UNTIL THE EARLY 1990'S WHEN THE STATE OF MICHIGAN DISCOVERED ITS ACTIVITIES. IN THE PROCESS OF PEAT MINING , MICHIGAN PEAT DRAINS THE PEAT BOG THROUGH A NETWORK OF DITCHES WHICH DISCHARGE TO THE BLACK RIVER DRAIN. ALSO AS PART OF THIS OPERATION, A VARIETY OF SOILS, PEATS, AND WOODY VEGETATION IS DISCHARGED TO THE WETLANDS ON THE PROPERTY AND REMAINS IN THE WETLANDS FOR VARYING AMOUNTS OF TIME. FURTHER, IT IS NECESSARY TO BUILD ROADS THROUGH THE BOG (CONSTRUCTED OF SAND, CLAY, AND BRUSH) TO HARVEST AND HAUL AWAY THE PEAT. FINALLY, AS PART OF THE DITCH DREDGING (AND DEEPENING) ACTIVITIES, MICHIGAN PEAT SIDECAST SOILS AND PEATS TO THE WETLANDS. CENT STATE LAND. THE STATE OF MICHIGAN WAS AUTHORIZED FOR THE SECTION 404 PROGRAM DURING 1984, AND HAS BEEN AUTHORIZED FOR THE NPDES PROGRAM SINCE 1973. HOWEVER, SINCE THE STATE DISCOVERED THE OPERATION AND THE EXTENSIVE VIOLATIONS-- PARTICULARLY SECTION 404 VIOLATIONS--THE STATE NEGOTIATED WITH MICHIGAN PEAT AND ALLOWED MICHIGAN PEAT TO GO THROUGH A LENGTHY PERMITTING PROCESS. THIS CUL