In a January 26, 2000 letter, the Portland District Army Corps of Engineers (COE) requested Endangered Species Act (ESA) Section 7 informal consultation with the National Marine Fisheries Service (NMFS) on the proposed issuance of a Clean Water Act Section 404 permit (Permit ID No. 00-32) to allow an instream construction project. The applicant for this permit, the City of Glendale (City) proposes to construct an infiltration gallery-type municipal water intake in Cow Creek, a tributary of the South Umpqua River in Douglas County, Oregon. The new water intake, which would be buried beneath the bed of the creek, would replace an existing screened intake in the creek which has deteriorated and which is thought to have insufficient capacity. The COE has proposed conditions on the permit that would lessen the adverse effects of the proposed actions on aquatic organisms. In the January 26 letter, the COE determined that the Umpqua River (UR) cutthroat trout (Oncorhynchus clarki), listed as endangered under the ESA, and Oregon Coast (OC) coho salmon (O. kisutch), listed as threatened under the ESA, may occur within the project area, which has been proposed as critical habitat for these species. The COE also determined that these species may be affected by the proposed projects, but that individuals of the species would not be adversely affected. After review of the information provided by the COE and additional investigation, however, the NMFS concluded that more than a negligible likelihood of adverse effect to individuals of the listed species is likely because substantial in-water work is proposed during a period in which individuals of one or both species is likely to occur at and near the site. Based on this information, the COE agreed to modify its effect determination to likely to adversely affect.