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protected waters statute. In the DNR wetland inventory and classification process, the Type 3 <br /> wetlands were clearly dominated by cattails hence the inference that reed canary grass wetlands were <br /> Type 2. <br /> Tvae 7/Tvae M <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.However, <br /> when wetland types are applied from a regulatory perspective,accuracy in definition becomes crucial <br /> because certain activities may be permitted in one wetland type and prohibited in another.At present, <br /> Wetland Types I L and 7 are subject to the same wetland regulatory requirements and exceptions. <br /> However,that may not be always the case and therefore it is important to note the crucial yet subtle <br /> differences between the two types. <br /> The majority of bottomland floodplain forests in many years have water tables several feet beneath <br /> the soil surface.The language"throughout the growing season" is quite specific in Circular 39. A <br /> careful consideration of the species described in the listing provided by Shaw and Fredine(1956) <br /> indicates that the habitat requirements of the species listed include the typical presence of a near <br /> surface high water table whereas the description of a Type 1 L forested wetland describes the term <br /> "bottomland hardwood",a rather vague non-specific term but tree species generally included in this <br /> category are elm,cottonwood,green ash,and silver maple.Bottomland hardwoods do not include the <br /> species described as associated with hardwood swamps. <br /> Type 7 wetlands are persistently wet under all but the driest conditions whereas Type 1/1 L wetlands <br /> are generally dry except under the wettest of conditions. The distinction is significant. <br /> In general, the Board of Water and Soil Resources cross-reference classification (Mn Rules <br /> 8420.0549 subp.2.)are generally accurate but the designation of PEMC as a Type 3 wetland poses <br /> some problems.Where the Type 3 wetland is comprised of cattails,a de minimus exemption of 400 <br /> square feet applies but where the wetland is reed canary grass, also a Type 3 designation should <br /> technically apply based on the above discussion.The reed canary grass wetlands do not fit well into <br /> the"C"modifier category nor do they fit into the`B":modifier either. <br /> As a matter of standard practice,it would seem best to designate reed canary grass wetlands as Type <br /> 2 wetlands regardless if the modifier is`B"of"C".The difference is important in that a de minimus <br /> exemption of anywhere from 2000 square feet to 10,000 square feet might be applicable.Also being <br /> accurate with regard to wetland type is important when designation of the regulatory wetland type is <br /> done based on if the deepest part of the basin or the dominant vegetation is the wetland type that <br /> determines allowable fill. This requirement often over-regulates the reed canary grass fringe and <br /> eliminates the possibility of applying the 2000to 10,000 square foot de minimus in many cases where <br /> a very small percentage of the overall basin is cattail but because the deepest part of the basin criteria <br /> is applied, only 400 square feet of de minimus fill may be used. <br /> In general, while this may seem to be an arcane discussion, in reality it is crucial in order for the <br /> regulated community to rightfully claim the wetland exemptions that the law permits.Conversely,it <br />