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of jurisdictional decisions in terms of "lost land" opportunities, perhaps such a study would be prudent. The implications of regulatory misinterpretation are enormous in that it is likely that hundreds of acres of Type 1 wetlands are avoided or mitigated for each year when legitimately these areas are non jurisdictional and could be developed. Avoidance or impact and mitigation can cost developers and ultimately, homebuyers, millions of dollars annually just in the developing seven-county Metropolitan Area. Mitigating a non- jurisdictional Type 1 wetland impact at a 2:1 ratio reduces the usable land base unnecessarily. For every 50 acres of non jurisdictional impact, 100 acres are removed from the land supply. At an average cost of $100,000 per acre, the cost to developers and ultimately to homeowners is $10,000,000 in just one year for just 50 acres. Type 2/3 Type 3 wetlands create the greatest classification difficulty from the perspective of de minimus qualification. A Type 3 wetland that is seasonally flooded (C) is typically characterized by reed canary grass whereas a Type 3 semi-permanently flooded wetland is more likely characterized by a growth of cattails.The reed canary wetlands are generally dry by late spring to early summer.By late summer, the water tables have 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 Svoboda Ecological Resources 1350 Orono Oaks Drive Project No.:2007-061-03 43 Ron Ridgeway