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receded to well below the surface (> 18 — 36"). In contrast, Type 3 cattail wetlands still contain water above or very near the surface during normal growing seasons. The WCA permits the use of de minimus filling of Types 1, 2, 6 and 7 wetlands. Clearly it is not the intent of the WCA to allow the application of the de minimus criteria to fens since the WCA specifically addresses fens as a special category for protection. Therefore, the Type 2 designation must apply to the "C": modifier Type 3 wetland. Further, Type 3 wetlands in excess of 2.5 acres in incorporated areas and in excess of 10 acres in unincorporated areas are protected under the DNR protected waters statute. In the DNR wetland inventory and classification process, the Type 3 wetlands were clearly dominated by cattails hence the inference that reed canary grass wetlands were Type 2. Type 7/Type 1L Inconsistencies in technical descriptions regarding the hydrological regime of these two wetland types from a scientific perspective become only a matter of discussion between scientists. However, when wetland types are applied from a regulatory perspective, accuracy in definition becomes crucial because certain activities may be permitted in one wetland type and prohibited in another. At present, Wetland Types 1L and 7 are subject to the same wetland regulatory requirements and exceptions. However, that may not be always the case and therefore it is important to note the crucial yet subtle differences between the two types. The majority of bottomland floodplain forests in many years have water tables several feet beneath the soil surface. The language "throughout the growing season" is quite specific in Circular 39. A careful consideration of the species described in the listing provided by Shaw and Fredine (1956) indicates that the habitat requirements of the species listed include the typical presence of a near surface high water table whereas the description of a Type 1L forested wetland describes the term "bottomland hardwood", a rather vague non-specific term but tree species generally included in this category are elm, cottonwood, green ash, and silver maple. Bottomland hardwoods do not include the species described as associated with hardwood swamps. Type 7 wetlands are persistently wet under all but the driest conditions whereas Type 1/1L wetlands are generally dry except under the wettest of conditions. The distinction is significant. In general, the Board of Water and Soil Resources cross-reference classification (Mn Rules 8420.0549 subp. 2.) are generally accurate but the designation of PEMC as a Type 3 wetland poses some problems. Where the Type 3 wetland is comprised of cattails, a de minimus exemption of 400 square feet applies but where the wetland is reed canary grass, also a Type 3 designation should technically apply based on the above discussion. The reed canary grass wetlands do not fit well into the "C" modifier category nor do they fit into the "B": modifier either. As a matter of standard practice, it would seem best to designate reed canary grass wetlands as Type 2 wetlands regardless if the modifier is "B" of"C". The difference is