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iii iiiiiiiiniii iii <br />DEPARTMENT OF THE ARMY <br />ALBUOUEROUE DISTRICT, CORPS OF ENGINEERS <br />SOUTHERN COLORADO REGULATORY OFFICE <br />720 NORTH MAIN STREET, SUITE 205 <br />PUEBLO, COLORADO 81003-3046 <br />FAX (719) 543-9475 <br />April 25, 2000 <br />REPLY TO <br />AtiE NTION OF <br />Operations Division <br />Regulatory Branch <br />Sames E. Lockhart <br />Sierra Club <br />Pikes Peak Group <br />1718 Lorraine St Apt B4 <br />Colorado Springs, CO 80906-2167 <br />Dear Mr. Lockhart: <br /> <br />JUN 15 2001 <br />Division of Minerals and Geology <br />This is in reference to your March 24, 2000 and April 5, 2000 <br />letters regarding your concerns with the Red Canyon Quarry near <br />Penrose, Teller County, Colorado. (Action No. 1999 00354). <br />After meetipg with the owners of the quarry and Ms. Weiland <br />we administratively resolved the alleged violation of the <br />nationwide permit condition No. 6. for the two crossings on the <br />McBride/Weiland road easement. There is no continuing conflict <br />between Ms. Culp and Mr. Truan or their findings. Ms. Culp met <br />with Ms. Weiland and Ms. Culp did not inspect the quarry site. <br />In addition to reviewing information gathered by Ms. Culp, Mr. <br />Truan has inspected the site several times and he has discussed <br />the issues with representatives of the Red Canyon 4uarry. <br />The quarry owners have advised that the main channel of Red <br />Creek was moved to the west side of the quarry site in the early <br />1980s. The historic channel was filled and the lower end of the <br />original channel serves as the outfall for the sediment pond of <br />the quarry. This channel eventually enters the main channel of <br />Red Creek west of the upper low-water crossing. Red Creek is an <br />open channel through the property. Section 404 regulations in <br />use in 1977 (33 CFR 323.4(2)), 1982 (33 CFR 330.4), and 1986 (33 <br />CFR 330.4) authorized realignment of the channel without <br />notifying the Corps, thus no violation occurred. <br />We assert Section 404 jurisdiction on Red Creek and tribu- <br />taries as long as we can identify an ordinary high water mark. <br />We have determined that no wetlands occur within Red Creek from <br />the county road north. <br />The floods of 1999 deposited sediment from erosion of Red <br />Creek and its tributaries, hillsides, potentially including the <br />quarry area. Erosion of the banks of Red Creek on the quarry <br />property which may have contributed to the sediment load of the <br />