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-z- <br />stream. Sediment from the quarry was retained in a sediment <br />retention pond. <br />The upper road crossing was designed as a low-water crossing <br />of a side tributary/drainage from the Stack residence and outfall <br />of the sediment detention pond. The storms in 1999 were <br />considered greater than normal and caused flows to enter these <br />areas in higher than normal volumes. These higr. flows did not <br />wash the road out but some erosion occurred in adjacent drainage <br />ditches. We do not regulate uplands where the road erosion <br />occurred. We did suggest placing large rock within the drainage <br />ditches to protect the road from erosion and help keep flows <br />within the low-water crossing channel. We have determined that <br />this low water crossing is adequate for normal high flows. <br />On February 14, 2000, we issued a verification of Nationwide <br />Permit No. 13 for Bank Stabilization to the Red Canyon Quarry. <br />This project included bank restoration and riprap lining of the <br />main channel of Red Creek within the quarry where the banks were <br />damaged by erosion. As part of our permit evaluation, we <br />considered potential direct and indirect impacts to the Mexican <br />Spotted Owl and its critical habitat. We determined that there <br />would be no affect to the owl by this project. According to 50 <br />CFR 424.12(a)(2), the critical habitat for the owl is not <br />determinable. Spotted owls may be in the upper canyon; however, <br />our permit review was limited to the area within the existing <br />quarry property. We did not review other areas since the bank <br />stabilization was limited to the creek from the quarry downstream <br />to the McBride/Weiland property line. We will consider potential <br />impacts to owls prior to authorizing any discharges to waters <br />caused by expansion of the quarry. <br />I have requested Mr. Andrew Rosenau, Chief of the Regulatory <br />Branch to arrange an inspection of the quarry property. He has <br />scheduled a site inspection for the week of May 22, 2000. He <br />will review areas of concern within the Red Creek drainage. <br />If you have any questions please feel free to write or~call <br />Mr. Andrew Rosenau at (505) 342-3282 or me at (505) 342-3602. <br />Sincerely, <br />Dale E. Gronewold <br />Chief, Operations Division <br />