DEFENDANTS DISCHARGED DREDGED AND FILL MATERIAL IN THE COURSE OF CONSTRUCTING A LEVEE AROUND A PORTION OF THEIR PROPERTY CONTAINING A SOYBEAN FIELD AND FORESTED AREAS, INTENDING TO CLEAR THE FORESTED AREAS AND FARM THE ENTIRE AREA. DEFENDANTS HAD APPLIED FOR AN AFTER-THE-FACT PERMIT FROM THE CORPS OF ENGINEERS, BUT HAD REFUSED TO SIGN THE RESULTING PROPOSED PERMIT. WHEN DEFENDANT THE CONTINUED TO CONSTRUCT THE LEVEE, THE CORPS SOUGHT EPA ASSISTANCE PURSUANT TO CORPS/EPA ENFORCEMENT MEMORANDUM OF AGREEMENT.