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' <br /> � beneath the soil surface. The lan e "thro out the ow' season" is uite 'fic in <br /> � � �' � q � <br /> ' Circular 39. A careful consideration of the species descnbed 'm the listing provided by Shaw and <br /> Fredine (1956) indicates that ttie habitat requirements of the species listed include the typical <br /> presence of a near surface high water table whereas the descnption of a Type 1L forested <br /> , wetland descnbes the term "bottomlaund hardwood", a rather vague non-specific term but tree <br /> species generally included in this category are elm, cottonwood, green ash, and s�ver maple. <br /> Bottomland hardwoods do not mclude the species descn`bed as associated with hardwood <br /> , �'� <br /> Type 7 wetlands are persistently wet under all but the driest conditions whereas Type 1/1 L <br /> ' wetlands are generally dry except under the wettest of conditions. The distinction is significant. <br /> In general, the Board of Water and Soil Resources cross-ref�ence classification (Mn Rules <br /> , 8420.0549 subp. 2.) are generally accurate but the designation of PEMC as a Type 3 wetland <br /> poses some problems. Where the Type 3 wetland is comprised of cattails, a de minimus <br /> exer�tion of 400 square feet applies but where the wetland is reed canary grass, also a Type 3 <br /> � designation should technically apply based on the above discussion. The reed canary grass <br /> wetlands do not fit well into the "C" modifier category nor do they fit into the "B": modifier <br /> either. <br /> � As a matter of standard pra�ctice, it would seem best to designate reed canary grass wetlands as <br /> Type 2 wetlands regardless if the modifier is "B" of"C". The dif�erence is irriportant in that a de <br /> ' minimus exe�tion of anywhere from 2000 square feet to 10,000 square feet might be <br /> applicable. Also being accurate with regard to wetland type is ur�wrtant when designation of the <br /> regulatory wetland type is done based on if the deepest part of the basin or the dominant <br /> 1 vegetation is the wetland type that determines allowable fill. This requirement often over- <br /> regulates the reed canary grass fringe and eliminates the possi�ity of applying the 2000to <br /> 10,000 square foot de minimus in many cases where a very sma11 percentage of the overall basin <br /> ' is catta� but because the deepest part of the basin criteria is applied, only 400 square feet of de - <br /> minimus fill may be used. <br /> ' In general, wh�e this may seem to be an arcane discussion, in reality it is crucial in order for the <br /> regulated corrununity to rightfiilly claim the wetland exemptions that the law permits. <br /> Conversely, it entitles the landowner to rightfully claim useable land for development purposes. <br /> 1 A clear understanding and accurate interpretation of the classification system is necessary in <br /> order for the exernptions ava�able under the de minimus categories to be appropriately applied. <br /> ' <br /> , <br /> 1 <br /> ' Swboda Ecolo "cal Resources 2180 Abin don Wa <br /> 81 S Y <br /> Project No.2007-056-03 Orono,Minnesota <br /> 1 <br />