THIS CASE INVOLVES VIOLATIONS OF SECTIONS 404 AND 301 OF THE CWA, THROUGH THE DISCHARGE OF FILL MATERIALS TO WETLANDS WITHOUT A REQUIRED SECTION 404 PERMIT FROM COE. THE DEFENDANT, ALASKA GREENHOUSES INC (AGI) IS OWNER OF A 30 ACRE TRACT OF PROPERTY IN ANCHORAGE, AK. GREENHOUSE BUILDINGS, WHICH ARE COMMERCIALLY OPERATED YEAR-ROUND ARE LOCATED ON APPROXIMATELY 1/4 OF THE PROPERTY. THE REMAINDER OF THE SITE IS LARGELY COMPOSED OF WETLANDS. CHESTER CREEK, AN ANADROMOUS FISH STREAM THAT SUPPORTS JUVENILE COHO SALMON AND RESIDENT DOLLY VARDEN, RUNS THROUGH THE PROPERTY. THE ALASKA DIST OF COE ISSUED A GENERAL PERMIT IN 4/83 THAT, AS APPLIED TO DEFENDANT'S PROPERTY, ALLOWED THE DISCHARGE OF FILL MATERIAL ONTO WETLANDS LOCATED MORE THAN 65 FEET FROM CHESTER CREEK. BETWEEN 9/83 AND 5/86, DEFENDANT PLACED FILL ALONG MORE THAN 1,000 FEET OF CHESTER CREEK, CLOSER THAN 65 FEET AND IN MANY PLACES RIGHT TO THE EDGE OF THE CREEK. THE PURPOSE OF THE FILL IS TO PROVIDE A FOOTING FOR ADDI- TIONAL GREENHOUSE BUILDINGS, AND TO EXPAND THE PORTION OF THE PROPERTY WHERE NURSERY STOCK CAN BE GROWN. IN THE VIEW OF BOTH FEDERAL AND STATE AGENCIES, DEFEN- DANT'S VIOLATIONS CAUSED AND CONTINUE TO CAUSE SIGNIFICANT ENVIRONMENTAL HARM. THE AFFECTED WETLANDS WERE VALUABLE IN THEIR OWN RIGHT, AND ALSO AS PART OF THE CHESTER CREEK ECOSYSTEM. THE WETLANDS FILTERED SEDIMENT FROM SURFACE RUN-OFF ENTERING THE CREEK; THE DETRI