On August 24, 2004 Region III issued an Administrative Penalty Order in the amount of $27,500 to Respondent, Lester V. Moore for violations of Sections 301 and 404 of the Clean Water Act (CWA) on property located on the east end of Draughon Road, City of Chesapeake, Virginia. In November 1999, Respondent operated equipment which discharged dredged sidecast material into wetlands and waterways located on the Site for the purpose of building a housing development. This resulted in the filling of approximately 3.5 acres of forested wetlands which are adjacent to Poplar Branch, a tributary to the Elizabeth River South Branch, the water of which ultimately flows into the Chesapeake Bay. An Administrative Order for Compliance was issued to the Respondent on July 21, 2003, but Respondent has failed to comply with that Order.