Respondent is not the violator. The violator is J. Clifford Cook, Jr., who discharged fill material into wetlands on the property without a permit. Cook was bared from the property by the landowners shortly after the violation & therefore, did not have access to the site to correct the violation. A penalty-only enforcement action against Cook resulted in settlement (see CWA-10-2004-0002). Respondent is in the process of purchasing the property from the current landowner who has authorized Respondent to restore the site through a licensing agreement. The site must be restored before the Army Corps of Engineers will process a permit application from Respondent to complete the development work at the site. In an administrative order by consent, Respondent has agreed to perform the restoration work in accordance with a restoration plan previously approved by EPA.