THIS DIRECT REFERRAL IS BEING MADE WITHOUT A LITIGATION REPORT DUE TO THE EMERTENT NATURE OF THE VIOLATIONS. MR. ALBERT CIARDI OWNS A 50-60 ACRE STRIP OF LAND, KNOWN AS MALIBU BEACH, IN ATLANTIC COUNTY, N.J. THE PROPERTY IS BORDERED BY GREAT EGG HARBOR INLET ON THE SOUTH AND THE OCEAN CITY/LONGPORT BOULEVARD ON THE NORTH. THE PRESENTLY UNDEVELOPED PROPERTY CONTAINS BEACH FRONT, A TIDAL POOL (APPROXIMATELY 15 ACRES), SOD BANKS, MUD FLATS, WETLANDS, AND BEACH DUNES. THIS PROPERTY PROVIDES A UNIQUE AND VITAL BREEDING AND FEEDING HABITAT FOR TWO SPECIES OF WATER BIRDS THAT ARE DESIGNATED AS ENDANGERED OR THREATENED ON FEDERAL AND STATE LISTS, AS WELL AS A STOP-OVER AND STAGING AREA FOR MANY MIGRATORY SHOREBIRDS. IN PARTICULAR, THE TIDAL POOL PROVIDES A PRODUCTIVE AND PROTECTIVE FEEDING AREA FOR THESE SPECIES. MR. CIARDI, OR AUTHORIZED AGENTS, BEGAN DEPOSITING FILL IN WATERS OF THE UNITED STATES IN 1984, AND FILL HAS CONTINUED TO BE DEPOSITED IN TIDAL AREAS AND WETLANDS TO THE PRESENT. MR. CIARDI MADE THREE SEPARATE APPLICATIONS FOR A DEPARTMENT OF ARMY PERMIT TO PLACE FILL ON HIS PROPERTY, BUT ON EACH OCCASION THEY WERE WITHDRAWN OR CANCELLED DUE TO MR CIARDI'S FAILURE TO PROVIDE REQUISITE INFORMATION. THEREFORE, ALL OF THE FILL ACTIVITIES HAVE BEEN UNPERMITTED. THE PHILADELPHIA CORPS OF ENGINEERS ON TWO SEPARATE OCCASIONS NOTIFIED HIM THAT HIS PROPERTY CONTAINED WATERS OF