1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(B). 2. ROGER J. GAUTREAU 40236 RHONDA AVENUE PRAIRIEVILLE, LOUISIANA 70769 PROPERTY VIOLATIONS OCCURRED ON: 45426 TEE PEE LANE ST. AMANT, LOUISIANA 70774 (ASCENSION PARISH) 3. RESPONDENT VIOLATED SECTION 301(A) OF THE CWA BY DEPOSIT- ING DREDGED AND FILL MATERIALS INTO WETLANDS WITHOUT AC- QUIRING A PERMIT TO DO SO FROM THE CORE OF ENGINEERS (COE) AS REQUIRED BY SECTION 404 OF THE CWA. THE RESPOND- ENT DEPOSITED EXCAVATED AND HAULED MATERIAL INTO APPROX- IATELY 2.5 ACRES OF WETLAND ON HIS PROPERTY. AFTER RECEIVING COMPLAINTS FROM THE RESPONDENT'S NEIGHBOR THE COE INVESTIGATED AND ISSUED A VERBAL CEASE AND DESIST ORDER TO THE RESPONDENT. THE COE FOLLOWED THIS WITH A WRITTEN CEASE AND DESIST ORDER GIVING THE RESPONDENT THE OPTION OF RESTORING THE PROPERTY TO ITS PRE-VIOLATION CONDITION OR APPLYING FOR AN AFTER-THE-FACT PERMIT. THE RESPONDENT DID NEITHER. INSTEAD ON DEC. 9, 1993, HE SOLD THE PROPERTY TO THIRD-PARTY PURCHASERS, WHO CONTEND THAT THEY WERE UNAWARE OF THE WETLAND STATUS OF THE TRACT OR OF ANY PENDING FEDERAL ENFORCE