The Corps conducted a Site inspection on September 30, 2011, and observed that the historic channel of Clarkston Creek, as well as adjacent wetlands visible in a 2006 aerial photo, had been completely filled with unauthorized discharges of dredged and fill material and graded. The Corps further observed that Clarkson Creek had been straightened and channelized at the Site. On January 9, 2012, the Corps referred this case to the EPA for enforcement in accordance with the Memorandwn of Agreement Between the Department of the Army and the Envirorunental
Protection Agency Concerning Federal Enforcement of the Section 404 Program of the Clean Water Act, dated January 19, 1989.