RICHARD WAGNER & WAYNE FRAMSTAD ( DEFENDANTS ) JOINTLY OWN PROPERTY ADJACENT TO BIG LAKE, NEAR WASILLA, AK, ABOUT 30 MI NW OF ANCHORAGE. ABOUT 2.75 ACRES OF THAT PROPERTY, BORDERING BIG LAKE CONSISTED OF VALUABLE WETLANDS THAT SUPPORTED SHOREBIRDS, SMALL MAMMALS & COMMERCIALLY IMPORTANT SALMON FISHERIES. BEGINNING SOMETIME BETWEEN 8-78 & 9-81, DEFENDANTS BEGAN PLACING FILL MATERIAL ONTO THOSE WETLANDS. BY EARLY 1983 THE WETLANDS HAD BEEN COMPLETELY FILLED. THE PURPOSE OF THE FILL WAS TO MAKE THE LAND SUITABLE FOR SUB- DIVISION & RESIDENTIAL HOUSING. DISCHARGES OF FILL MATERIAL TO THE WETLANDS ( WATERS OF THE UNITED STATES UNDER CWA, 33 U.S.C., 1251 ET SEQ.) IS UNLAWFUL UNLESS AUTHORIZED BY PERMIT OR REGULATION OF USA-COE PURSUANT TO404 OF CWA, 33 U.S.C., 1344. DEFENDANTS HAD NEITHER APPLIED FOR NOR RECEIVED A PERMIT & NO REGULA- TORY EXEMPTION APPLIED. DEFENDANT'S VIOLATIONS OF CWA SUBJECT THEM TO INJUNCTIVE ORDERS & CIVIL PENALTIES UP TO $10,000/DAY OF VIOLATION. COE FIRST LEARNED OF DEFENDANT'S DISCHARGES TO THE WET- LANDS IN 2-83. COE IMMEDIATELY INSPECTED THE WETLANDS & ISSUED A CEASE & DESIST ORDER. AFTER SEVERAL MONTHS OF MEETING WITH DEFENDANTS, OBTAINING COMMENTS FROM OTHER AGENCIES & EVALUATING THE DAMAGE CAUSED BY THE FILL, COE CONDLUDED DEFENDANTS WOULD HAVE TO REMOVE THE FILL MATERIAL. EPA REGION 10 & OTHER FEDERAL, STATE & L