On August 24, 2000, Region X of the United States Environmental Protection Agency (“EPA” or “Agency”) filed an administrative complaint against Mr. Donald Cutler of Stanley, Idaho, charging him with unlawfully discharging dredged or fill material into waters of the United States in violation of sections 301(a) and 404 of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1311(a), 1344. Region X alleged that Mr.