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, <br /> , No one has ever undertaken a scientific stud to evaluate the relations ' between the <br /> Y �P <br /> , hydrological requirerrients and the presence of various wetland or non-wetland plant species. <br /> This is a critical, yet unanswered question. Some studies have been completed examining so� <br /> types and hydrological responsrveness but the lmk between plants and hydrology has yet to be <br /> , made. Given the annual cost of jurisdictional decisions in terms of "lost land" opportunities, <br /> perhaps such a study would be prudent. <br /> , The in�plications of regulatory misinterpretation are enormous in that it is l�cely that hundreds of <br /> acres of Type 1 wetlands are avoided or mitigated for each year when legitnnately these areas are <br /> non�unsdictional and could be developed. <br /> , Avoidance or mzpact and mitigation can cost developers and ultunately, homebuyers, millions of <br /> dollars annually just in the developing seven-county Metropolitan Area. Mitigating a non- <br /> ' jurisdictional Type 1 wetland impact at a 2:1 ratio reduces the usable land base wm�essan7y. <br /> For every 50 acres of non jurisdictional in�pact, 100 acres are removed from the land supply. At <br /> an average cost of $100,000 per acre, the cost to developers and ultimately to homeowners is <br /> ' $10,000,000 in just onc yeaz for just 50 acres. <br /> Type 2/3 <br /> � Type 3 wetlands create the greatest classification dif�culty from the perspective of de minimus <br /> qualification. A Type 3 wetland thai is seasonally flooded (C) is typically characterized by reed <br /> canary grass whereas a Type 3 semi-permanently flooded wetland is more I�cely characterized <br /> ' by a growth of catta�7s. The reed canary wetlands are generally dry by late spring to early <br /> suYrm�r. By late sunnner, the water tables have receded to well below the surface (> 18 — 36"). <br /> In contrast, Type 3 cattai7 wetlands st�l contain water above or very near the surface during <br /> , normal growing seasons. <br /> The WCA permits the use of de minimus filling of Types 1, 2, 6 and 7 wetlands. Clearly it is not <br /> ' the nrtem of the WCA to allow the application of the de minimus criteria to fens since the WCA <br /> specifically addresses fens as a special category for protection. Therefore, the Type 2 designation <br /> rrwst gpply to the "C": modifier Type 3 wetlamd Further, Type 3 wetlands m excess of 2.5 acres <br /> , in incorporated areas and in excess of 10 a�cres in unincorporated areas are protected under the <br /> DNR protected waters statute. In the DNR wetland inventory and classification process,the Type <br /> 3 wetlands were clearly dommated by cattaz7s hence the inference that reed canary grass <br /> ' wetlands were Type 2. <br /> Type 7/Type 1 L <br /> ' Inconsistencies in technical descriptions regarding the hydrological regime of these two wetland <br /> types from a scientific perspective become only a matter of discussion between scientists. <br /> However, when wetland types are applied from a regulatory perspective, accuracy in definition <br /> , becomes crucial because certain activities may be permitted in one wetland type and prohibited <br /> in another. At present, Wetland Types 1L and 7 are subject to the same wetland regulatory <br /> ' requirerrients and exceptions. However, that may not be always the case and therefore it is <br /> importaat to note the crucial yet subtle di�erences between the two types. <br /> � The majority of bottomland floodplain forests in many years have water tables several feet <br /> 5wboda Ecological Resow�ces 2180 Abingdon Way <br /> Project No.2007-056-03 Orono,Minnesota <br /> � <br />