In Fall 2005, Behrens directed Kramer to place fill material into approx. one-half acre of wetlands adjacent to Lake Pend Oreille on Behrens' property. In May 2006, Behrens and Kramer fully complied with a U.S. Army Corps of Engineers' order to remove the unauthorized fill, restore hydrology, and restore wetland vegetation at the site. In the Consent Agreement and Final Order, Behrens and Kramer agree to pay a penalty for violating CWA Section 404 of the Clean Water Act.