THIS IS AN ACTION FILED PURSUANT TO 309(G) OF THE CLEAN WATER ACT ( CWA ), SEEKING PENALTIES FOR THE ILLEGAL DIS- CHARGE OF POLLUTANTS IN WATERS OF THE UNITED STATES, WITHOUT A PERMIT ISSUED UNDER 404, A VIOLATION OF 301 OF THE CWA. THIS IS A WETLANDS CASEE INVOLVING MECHANIZED LAND CLEARING, DREDGING AND SUBSTANTIAL REDEPOSIT DREDGED MATERIAL ON WETLANDS. A RESTORATION OF THE AFFECTEDWETLAND HAS ALREADY BEEN COMPLETED PURSUANT TO AN AGREED ORDER UNDER 309 (A).