JAMES RAMEY IS PRESIDENT OF FINCASTLE AND B&R, AND THROUGH THE CORPORATIONS DEVELOPS REAL ESTATE IN TAZEWELLL COUNTY, VA. FINCASTLE IS THE FORMER OWNER OF PROPERTY IDENTIFIED AS THE SPRINGFIELD HEIGHTS SUBDIVISION. IN 1981, IN VIOLATION OF THE CLEAN WATER ACT THE CORPORATION RECHANNELED THE BLUESTONE RIVER AND DRAINED AND FILLED ABOUT TWO ACRES OF WETLANDS IN ORDER TO DEVELOP A COMMERCIAL LOT WITHIN THE SUBDIVISION. FINCASTLE THEREAFTER SOLD THE LOT TO A THIRD PARTY (B.D.W. PARTNERSHIP) WHICH RECONVEYED TITLE TO B&R. NEITHER RAMEY, FINCASTLE, B&R, NOR B.D.W. PARTNER- SHIP RECEIVED A PERMIT UNDER SECTION 404 OF CWA TO RECHANNEL OR TO DISCHARGE FILL MATERIAL AT THE SITE.