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� � � <br /> � <br /> � � <br /> � � <br /> the general latitude of the Twin Cities) according to the .198:7 Manual (Table�5 pg. 36), the area <br /> may be wetland but .usuall,y is not. However, fhe standard practice of the St. Paul COE is to � <br /> declare any areas that exceed the.5 percent criteria to be judaed jurisdictional wetlands. Areas � <br /> with water 1evels within 12" of the surface in excess of 12.5 percent of the growing season are <br /> wetlands. <br /> No one .has _ever undertaken a scientific study fa evaluate- the relationsliip between the <br /> hydrolobical :requirements and the presence af various wetland or non-wetland plant species. <br /> This is .a criticaI, yer unanswered quesEion. Some studies lia�e been completed examining soil � <br /> types and hydrological responsi�eness:but the lin� between plants and hydroloDy has yet to be <br /> rriade. 'Gi�en the annual cost of jurisdictional decisions in terms of "lost Tand" opportunities, <br /> perhaps such a stud}�wauld be prudent. . <br /> The implic�tions of regulatory misinterpretation are enornious in that it is likely fhar hundreds of <br /> acres of Type 1 wetlands are avoided or mitigated for each year when legitimate�y these areas are <br /> non jurisdicti:onal and could be developed. <br /> Avoidance or impact and mifigation:can cost de�elopers and ultimaeely,homebu.yers, millions of <br /> . dollars annually just ut the developing seven-county ,Metropolitan Area. Mitigating a non- <br /> jurisdictianal Type 1 wetland impact at a 2::1 ratio reduces the usable land base unnecessar'ily. ° <br /> For every SO acres'of non=jur`isdictional..impact;, 100 acres are rerrroved from.the land supply. At <br /> " an average eost of$100,000 per acre, the cost to developers and ult�mately to homeowners is <br /> $10,000;000 in just one year for just 50 acres. <br /> Type 2/3 <br /> Type 3 wetlands create the greatest classification difficulty from the persgective af de �niriimus <br /> qualification. A Type 3 wetland thaf is seasonally flooded (C) is typically charactar'ized by reed � <br /> canary grass whereas a Type 3 semi-permanenfly flooded wetland is more likely eharacterized <br /> by a ,growth of cattails. The reed canary wetlands are generally dry by late s.pring to early <br /> summer. By late summer, the water tables have receded to well below the surface r> 18 —36"). <br /> In contrast, `Type 3 cattail wetlands sti`Il contain water abov.e or very near the surface during <br /> nor.mal growing seasons. ' <br /> The WCA perniits the use of de rninirnus filling of Types 1,2, 6 and 7 wetlancls. Clearly it is not <br /> fhe intent of the VJCA to allow fhe application of the.de nai>iirnccs criteria t� fen5 since the WCA <br /> specifically addresses fens as a special category for protection. Therefore, the Type 2 designation <br /> must appl.y"to`the"C": modifier Type 3 wetlarid. Further, Type 3 wetlands in excess of 2:5 acres <br /> iri incorporated areas and in excess of 10 acres in unincorporated areas are protected under the " <br /> DNR protected waters statute. In'the.DNR wetland inventory and cIassification process,the Type � <br /> 3 wetIands were clearly dominated 'by cattails hence 'the inference that reed canary grass <br /> wetlands wece Type 2. <br /> Type Z/Type 1L <br /> Inconsistencies in tecnnical descriptions regarding the hydrological.regime of these two wefland <br />