NATURE OF THE CASE: THIS IS A CIVIL ACTION AGAINST LARRY S. GRIMM & DAVID HEETER DOZER CONTRACTOR, PURSUENT TO SEC 301, 309 & 404 OF THE CWA, 33 USC SEC 1311, 1319 & 1344, TO REMEDY ILLEGAL DISCHARGES OF DREDGED & FILL MATERIAL INTO THE RIGHT FORK OF SPRING CREEK NEAR SPENCER, WV. LARRY S. GRIMM IS A CERTIFIED PUBLIC ACCOUNTANT & A REAL ESTATE DEVELOPER IN SPENCER, WV. MR. GRIMM IS THE APPARENT OWNER OF THE PROPERTY ADJACENT TO THE RIGHT FORK OF SPRING CREEK WHERE THE UNPERMITTED STREAM CHANNELIZATION PROJECT INVOLVED IN THIS CASE WAS PERFORMED. MR. HEETER IS AN EX- CAVATION & BULLDOZER CONTRACTOR. MR. HEETER ALSO CONSTU- CTS SEWER & WATER LINES. HE PERFORMED THE EARTH MOVING WORK INVOLVED IN THE STREAM RELOCATION PROJECT INVOLVED IN THIS CASE. NET INCOME FOR 1980 WAS IN EXCESS OF $250K. CAUSE OF ACTION: ON 10/24/80, THE US ARMY CORPS OF ENGINEERS(COE) DISCOVERED A STREAM RELOCATION PROJECT ON THE RIGHT FORK OF SPRING CREEK APPROX 4 MILES SOUTH OF SPENCER, WV. THE PROJECT INVOLVED THE DISCHARGE OF FILL MATERIAL TO THE STREAM IN TWO OR THREE LOCATIONS TO PLUG THE NATURAL CHA- NNEL & TO CREATE A ROAD CROSSING. THE COE'S FIELD INVEST- IGATION REVEALED THAT THE DAVID HEETER EXCAVATING CO WAS A RESPONSIBLE PARTY. MR. HEETER PERFORMED THE EARTH MOVING WORK AT THE REQUEST OF MR. GRIM