MR. TSAKOPOULOS OWNS AN 8,500 ACRE RANCH AT THE BORDER OF SACRAMENTO AND SAN JOAQUIN COUNTIES IN CALIFORNIA (BORDEN RANCH). SINCE 1993, MR. TSAKOPOULOS HAS BEEN DEVELOPING PORTIONS OF BORDEN RANCH AS VINEYARDS. BORDEN RANCH CONTAINS AN EXTENSIVE NETWORK OF VERNAL POOLS (A TYPE OF SEASONAL WETLAND) AND EPHEMERAL STREAMS. PREPARING THE LAND FOR VINEYARD INSTALLATION HAS DAMAGED OR DESTROYED VERNAL POOLS AND STREAMS ON THE SITE. MR. TSAKOPOULOS' LAND PREPARATION ACTIVITIES INVOLVE DEEP RIPPING THE SOIL TO PREPARE IT FOR PLATNING. DEEP RIPPING IS A FORM OF LANDCLEARING THAT EPA AND THE CORPS OF ENGINEERS HAVE DETERMINED CONSTITUTE A DISCHARGE OF DREDGED AND/OR FILL MATERIAL, AT LEAST IN SOME CIRCUMSTANCES, WHEN PERFORMED IN WATERS OF THE UNITED STATES. AFTER DEEP RIPPING, MR. TSAKOPOULOS DISCS THE SOIL. DISCING IN AREAS THAT HAVE BEEN PREVIOUSLY DEEP RIPPED RESULTS IN FURTHER LEVELING OF THE SURFACE TOPOGRAPHY AND FILLING IN OF LOW LYING VERNAL POOLS AND STREAMS. REGION IX HAS CONCLUDED THAT MR. TSAKOPOULOS' RIPPING AND DISCING OPERATIONS IN THIS CONTEXT CONSTITUTE DISCHARGES OF DREDGED AND FILL MATERIAL THAT ARE SUBJECT TO REGULATION UNDER THE CLEAN WATER ACT. MR. TSAKOPOULOS HAS NOT OBTAINED A PERMIT UNDER SECTION 404 OF THE CLEAN WATER ACT FOR THE LAND PREPARATION ACTIVITIES THAT ARE THE SUBJECT OF THIS REFERRAL. THESE DISCHARGES ARE NOT EXEMPT FROM REGULAT