THIS CONSENT AGREEMENT AND ORDER (PENALTY ORDER) IS ISSUED TO LAST MINUTE DEVELOPERS AND BECKMAN DEVELOPMENT COMPANY FOR THE UNLAWFUL DISCHARGE OF EARTHEN FILL IN WETLANDS A AND B IN THE PRAIRIE MEADOWS DEVELOPMENT. RESPONDENTS NEITHER APPLIED FOR NOR RECEIVED A PERMIT FROM COE TO DISCHARGE SUCH DREDGED OR FILL MATERIAL. THE PENALTY FOR THIS VIOLATION IS $3,500. RESPONDENTS ALSO AGREE TO PERFORM A SEP WHICH IS INTENDED TO SECURE SIGNIFICANT ENVIRONMENTAL PROTECTION AND IMPROVEMENTS. THE TOTAL VALUE FOR THE SEP SHALL NOT BE LESS THAN $36,500. RESPONDENTS SHALL SUBMIT A SEP COMPLETION REPORT TO EPA BY 12/1/2001. THIS ORDER IS SUBJECT TO THE 22 RULE WHICH IS ENTERED INTO BY THE PARTIES FOR THE PURPOSE OF SIMULTANEOUSLY COMMENCING AND CONCLUDING THIS MATTER.