THIS REFERRAL IS PROPOSED AGAINST VAIL ASSOCIATES, INC. FOR DISCHARGING DREDGED AND FILL MATERIAL IN TO WATERS OF THE US WITHOUT A PERMIT. THE VIOLATIONS STEM FROM VAIL'S CONSTRUCTION OF A TEMPORARY ROAD BUILT TO REMOVE TREES CUT DURING THE SKI AREA'S EXPANSION. IN OCTOBER 1998, VAIL BEGAN CONSTRUCTION OF THE HAUL ROAD WITH THE APPROVAL OF THE US FOREST SERVICE. BELIEVING THAT ITS ALIGNMENT FOLLOWED A ROUTE THE US ARMY CORPS OF ENGINEERS PREVIOUSLY AGREED AVOIDED WETLANDS, VAIL PLACED FILL MATERIALS IN THIS AREA WITHOUT A 404 PERMIT. THE PLACEMENT OF THE FILL DID, HOWEVER, IMPACT UNIQUE, HIGH-ALPINE WETLANDS AT 6 LOCATIONS ALONG THE HAUL ROAD. THE AFFECTED AREAS, A SPRING AND WETLANDS, TOTALED 0.7 ACRES. EPA HAS ESTABLISHED A BOTTOM LINE SETTLEMENT FOR THIS CASE AS $79,600.