THIS IS A CIVIL ACTION PURSUANT TO CLEAN WATER ACT 309(B) 33 U.S.C. 1319(B), FOR VIOLATIONS OF CLEAN WATER ACT 301, 33 U.S.C 1311. THE VIOLATIONS ARE THE RESULT OF CERTAIN DIS CHARGES TO A JURISDICTIONAL WETLAND WITHOUT THE REQUIRED PERMIT ISSUED PURSUANT TO THE CLEAN WATER ACT 404,33 U.S.C 1344. THE REGION REGARDS THE VIOLATIONS TO BE VERY SERIOUS IN NATURE SINCE THE DEFENDANT FIRST FILED A PERMIT APPLICA- TION AND SUBSEQUENTLY WITHDREW THE APPLICATION EIGHT MONTHS BEFORE THE DISCHARGES. THE PRINCIPAL PURPOSE OF THIS REFERRAL IS TO PUT IN PLACE AN ENFORCEABLE RESTORATION OR MITIGATION REMEDY IN CONJUNC- TION WITH A U.S. ARMY CORPS OF ENGINEERS AFTER-THE-FACT INDIVIDUAL PERMIT. THE REGION HAS FULLY COORDINATED WITH THE OMAHA DISTRICT OF THE CORPS OF ENGINEERS IN THIS REFER- RAL. THE CIVIL ACTION IS PARALLEL TO A PENDING CRIMINAL ACTION FOR THE SAME VIOLATIONS. CONCURRENCE FOR THIS CIVIL ACTION WAS GIVEN ON MAY 23, 1986. THE PRESENT ENFORCEMENT ACTION IS THE FIRST CLEAN WATER ACT 404 REFERRAL IN THE HISTORY OF THE REGION. FURTHER, IF A CIVIL PENALTY IS COLLECTED IN THIS 404 CASE, IT WILL BE OF FOR THE FIRST TIME IN THE HISTORY OF THE JUDICIAL DISTRICT OF COLORADO.