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HomeMy WebLinkAbout#07-3262 - 10-09-2006 Wetland Delineationn .n .. , ·n :n . r 1 I n [J '' ·. ti . 1· ' J 1 u ... 3820 Cherry Avenue Orono, Minnesota . Prepared by Svoboda Ecological , Resources for: Jim & Connie Beck Wetland Classification, Identifi- .ca~ion, and Delineation Report. _Project No. 2006-605-03 October 9, 2006 2477 Shadywood Ro ad • E ~celsior-1 MN · 55331 ·(952) 471-1100 • (952) 471-0007 (F11 x) \ I '. 3820 Cherry A venue Orono,MN Wetland Classification, Identification, and Delineation Report Prepared for: Jim & Connie Beck By: Svoboda Ecological Resources Project Number 2006-605-03 October 9, 2006 The contents and format of this report are considered intellectual property and are subject to copyright restrictions and may not be reproduced without the express permission of Svoboda Ecological Resources. TABLE OF CONTENTS ABSTRACT .................................................................................................................................... ! INTRODUCTION .......................................................................................................................... 2 METHODS ..................................................................................................................................... 2 RESULTS ........................................................................................................................................ 3 Background Information-(Office-Based Investigation) ...................................................... 3 Site Visit ............................................................................................................................. 6 DISCUSSION ................................................................................................................................. 8 RECOMMENDATIONS ............................................................................................................... 8 CERTIFICATION ....................................................................................................................... 10 DATA SOURCES ......................................................................................................................... 11 LITERATURE REFERENCED ................................................................................................. 12 FULL FIGURE SET: Figure 1: Site Map Figure 2: Minnehaha Creek Watershed Districts Functional Assessment of Wetlands Figure 3: Ramsey County Soil Survey Figure 4: DNR -Protected Waters Figure 5: Approximate Wetland Boundaries and Sample Locations THE TECHNICAL DOCUMENTATION SECTION: Field Data Sheets Plant Indicator Status Soil Series Data Wetland Definition APPENDIX A: Explanation of Cowardin and Circular 39 Wetland Classification Systems u r [ I r I f i 1 · II 11 11 11 l l l l I l ll i j ll ABSTRACT Svoboda Ecological Resources (SER) visited the above referenced property on October 2, 2006 to examine the site for the presence of areas meeting wetland criteria. The study parcel is located within Orono, Minnesota and Hennepin County ( Figure 1 ). One wetland was delineated at this site. Wetland 1 is defined as a Type 3 PEMF. The parcel also borders the North Arm of Lake Minnetonka which was delineated. A sample transect was established to characterize the soil, vegetation, and existing hydrology within the wetland-to­ upland transition zones. A water body ( 133P) is on the northern boundary of the parcel that is listed on the DNR Public Waters Inventory. Svoboda Ecological Resources Project No.: 2006-605-03 r 3820 Cherry Avenue Jim & Connie Beck INTRODUCTION The subject parcel is approximately .8 acres and dominated by northern hardwoods, emergent wetland vegetation, and manicured grasses. The elevation of the site is the lowest along the on the northern and eastern boundaries of the parcel. Cherry A venue borders the parcel to the sorth (See Figure 1). Land-use in the surrounding area consists of wetlands to the east and single family residences to the south and west. All identified wetlands and areas are classified according to the Cowardin et al. ( 1979) and US FWS Circular 39 classification systems and staked with lath or pin flags. Please find field data sheets, plant indicator status information, soil survey information, and wetland definition information, within the Technical Documentation Section. METHODS The methods used to delineate the subject parcel are as described in the United States Army Corp. of Engineers 1987 Manual, Part IV, Section D, Subsection 2, "routine" methods for sites smaller than 5 acres. This methodology is followed in order to assess whether the three required wetland indicators are met for areas on the subject parcel. The three parameters required under normal circumstances in order to delineate a wetland are described in Appendix A, Technical Documentation. Minnehaha Creek Watershed District Functional Assessment of Wetlands (FAW) maps (Figure 2), Soil Survey of Hennepin County maps (Figure 3 ), Minnesota Protected Waters maps (Figure 4 ), and 2003 and 2004 aerial photographs were reviewed prior to the site visit to identify areas that may be wetlands. Areas illustrating evidence of wetland conditions were examined in greater detail during the field survey. Vegetation, soils and hydrology were examined (as outlined in the 1987 Manual) and used to characterize wetland types and determine wetland boundaries. Sample transects were established in representative wetland-to-upland transition zones in order to characterize the vegetation, soils, and hydrology of the site. Transects consisted of representative upland sample points, edge sample points, and wetland sample points. Information obtained from the sample points can be found on the field data sheets located in the Technical Documentation Section. Wetland boundaries were marked at the site by blaze-orange "wetland boundary" flagging attached to 4-foot wooden lath or pin flags. In order to assist in locating flagging in dense vegetation, a second piece of flagging was attached to a nearby tree or shrub branch. The "wetland boundary" is considered to be the topographically highest extent of the wetland basin; areas below the staked boundary met the three required wetland criteria while areas above were lacking in one or more of these criteria. Pin flagging was also used to delineate some features (ditches and holding ponds) during the site visit. Wetland classification followed methods described by Cowardin et al. ( 1979) and used in the Svoboda Ecological Resources Project No.: 2006-605-03 2 3820 Cherry Avenue Jim & Connie Beck r f I f I l 11 I : 11 11 I I II l l l ! II l l l l National Wetlands Inventory (NWI) and the FAW (e.g. PEMB, PSS IC, etc.), completed by the U.S. Fish and Wildlife Service. The Circular 39 classification (Shaw and Fredine 1956) is also given (e.g. Type 1, Type 2 ... etc.). The indicator status of plants, as described in The Technical Documentation Section, was determined using the National List of Plant Species That Occur in Wetlands -Region 3 (Sabine 1999). RESULTS Background Information-(Office-Based Investigation) The Minnehaha Creek Watershed District Functional Assessment of Wetlands map illustrates one wetland basin (Figure 2) within the subject parcel. Svoboda Ecological Resources Project No.: 2006-605-03 3 u , " J••i ~::.~;/ 3820 Cherry A venue Jim & Connie Beck f fl f' r: I ' I : r; I l I I I I I I l 1 I J ll l l l l l l The Soil Survey of Hennepin County, Figure 3, indicates two soil series present on the subject property. The soil series present are Lester and Klossner. The Klossner soil series is classified as a hydric soil (SCS Hydric Soils of the United States), and is illustrated with blue crosshatching on Figure 3. Soil series descriptions are given in the Technical Documentation Section. Svoboda Ecological Resources Project No .: 2006 -605-03 4 ( 3820 Cherry A venue Jim & Connie Beck f l fl l I f I II J : 1 11 r 11 11 J I I l J ll L The Minnesota Department of Natural Resources, State Public Waters Inventory Map, indicates the­ presence of a state protected water body (27-133P, Minnetonka) on the subject parcel (Figure 4). Original map (in black) and updated (in light blue) water boundaries shown. Svoboda Ecological Resources Project No .: 2006-605 -03 5 L / 3820 Cherry Avenue Jim & Connie Beck r r f I f I II f I r I 11 l I l I I 11 11 11 l J ll I ! 11 Site Visit SER ecologists examined the subject property for areas meeting jurisdictional wetland criteria during the site visit. One wetland meeting the jurisdictional wetland criteria, for which a boundary was determined and delineated, was staked. Detailed soils, vegetation, and hydrology data for the delineated wetland are provided in the data sheets of the Technical Documentation Section. Svoboda Ecological Resources Project No .: 2006-605-03 6 3820 Cherry A venue Jim & Connie Beck r fl fl r l 11 f I 11 l l 11 11 l I I l 11 l J ll I J l I l l Wetland 1 Western boundary of wetland 1 facing south. Photo taken from the northwestern boundary of wetland 1 facing northwest. Svoboda Ecological Resources Project No.: 2006-605-03 7 ;) 3820 Cherry Avenue Jim & Connie Beck Wetland NWIClass Field Visual Mapped Soil Confirmed Hydrology Dominant # (Figure 2) Classificationffype Unit (Figure 3) Soil Unit Indicators Vegetation 1 (Figure 5) PEMF PEMF Klossner Klossner Saturation in Typha upper 12", angustifolia, Camus PAC-Neutral, stolonifera, Water stained Arundo donax, leaves, Fraxinus Confirmed pennsylvanica, hydric soils unit Picea pungens Wetland 1 primarily consists of narrow-leaved cattail (Typha angustofolia) transitioning to Kentucky bluegrass (Poa pratensis) on the upland side. Approximately 20 pin flags were used to delineate the boundary. In addition to this, 5 pin flags were used to delineate the edge of the parcel adjacent to Lake Minnetonka. The slope of the landscape was described as being relatively flat. Changes in vegetation were primarily used to delineate the current boundary. DISCUSSION SER completed all on-site delineations based on the three required technical criteria as outlined by the 1987 Manual: the presence of hydric soils, a predominance of hydrophytic vegetation, and indicators of wetland hydrology in each basin. The site visit portion of the wetland delineation was completed on October 2nd , 2006. SER personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit and delineated the edge of two basins as being jurisdictional wetland (Figure 5). Detailed soils, vegetation and hydrology data for this wetland is provided in the data sheets of The Technical Documentation Section. A set of full-scale figures is given in the figures section. RECOMMENDATIONS Activities which impact or potentially impact wetlands are currently regulated at several levels of government. In Minnesota, the two primary jurisdictions are covered at the state and federal levels by the provisions of the following legislative actions. ► State jurisdiction by the Wetland Conservation Act of 1991 (WCA) administered by the WCA Local Governmental Unit (LGU). Svoboda Ecological Resources Project No.: 2006-605-03 8 3820 Cherry A venue Jim & Connie Beck i i I I i I i ► Federal jurisdiction by the Clean Water Act of 1972 and subsequent amendments. Wetland protection is implemented by the Corps of Engineers (Corps) with permit certification issued by the Environmental Protection Agency. While the wetland boundary that SER has delineated is not official until approved by a WCA approved local government unit (LGU), SER advises the property owner/developer to refrain from any filling, draining, or excavating, or any impact to the area SER has delineated as wetland. No grading or filling in wetland basins should commence until all necessary permits have been obtained. Violation of wetland regulations has resulted in substantial civil and criminal penalties. Local ordinances may regulate wetland modifications such as brush and tree removal and burning in addition to grading and filling. Depending on the location of the property, buffers around the wetland may also be protected. Any activities in the proximity of the wetland should be cleared with appropriate WCA regulatory agencies. It is also advisable to have the wetland boundary surveyed by a licensed land surveyor, or located with a sub-meter GPS unit. Since the lath used along the boundary can be vandalized or inadvertently knocked over, a survey or GPS location of the lath will assure the permanence of the boundary. The client should also be aware that approved wetland boundaries are typically valid for only three years from the date of approval. To avoid project delays associated with wetland regulations, it is essential that you acquire necessary permits from all jurisdictional agencies before initiating activities. A WCA Sequencing form, a WCA and Army Corps of Engineers Replacement Plan Application form, and a DNR permit application are among the materials that you may be required to submit if impacts are proposed for the delineated wetlands. By initiating the permit process as soon as possible, potential costly delays to the project may be avoided. Svoboda Ecological Resources Project No.: 2006-605-03 9 3820 Cherry Avenue Jim & Connie Beck CERTIFICATION Scott Zeimetz completed the above-described delineation on October 2nd , 2006. The delineation was performed in accordance with the 1987 procedural manual whereby the edge of wetland was marked by stakes in the field. The delineation meets the standards and criteria described in the 1987 federal manual and conforms to applicable standards and regulations in force at the time the delineation was completed. Report and graphics prepared by Scott Zeimetz (Wetland Ecologist I/ GIS Specialist), on this day, October 9, 2006. Client: Project Name: Project No.: Location: Jim & Connie Beck 3820 Cherry Avenue 2006-605-03 Orono, Minnesota Wetland Ecologist I/ GIS Technician ~ ~ Wetland Ecologist II ~~.~ President, Svoboda Ecological Resources /CJ-1-IJ6 Date Svoboda Ecological Resources Project No.: 2006-605-03 10 3820 Cherry Avenue Jim & Connie Beck DATA SOURCES Minnesota Department of Natural Resources Protected Waters Inventory Map, Hennepin County. 1983. Soil Survey of Hennepin County. April, 1974 U.S.D.A. 159pp. plus appendices. Minehaha Creek Watershed Districts Functional Assessment of Wetlands. January 2003 USGS Quadrangle Map-Excelsior 7.5-Minute Quadrangle, Minnesota, U.S.A. 2003 & 2004 USGS Aerial Color Photos. Publicly Distributed Over the USGS Website. Svoboda Ecological Resources Project No.: 2006-605-03 11 3820 Cherry A venue Jim & Connie Beck LITERATURE REFERENCED Cowardin, L.M., V. Carter, F.C. Golet, and R.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS-79/31. 103pp. Eggers, Steve D. and Donald M. Reed. 1997. Wetland Plants and Plant Communities of Minnesota and Wisconsin. US Army Corps of Engineers, St. Paul District. 263pp, unclassified. Environmental Laboratory. 1987. 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gleason, H.A. and A.C. Cronquist. 1991. Manual of Vascular Plants of Northeastern United States and Adjacent Canada. New York Botanical Garden, Bronx. 91 Opp. National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States. USDA Soil Conservation Service, Washington, D.C., Misc. Publication Number 1491. 1991. Sabine, B. J. 1999. National List of Plant Species that Occur in Wetlands: Region 3 -North Central (Indiana, Illinois, Iowa, Mi'chigan, Minnesota, Missouri, Wisconsin). Resource Management Group, Inc. 77pp. Shaw, S.P., and C.G. Fredine. 1956. Wetlands of the United States. U.S. Fish and Wildlife Service, Circular 39. 67pp. Svoboda Ecological Resources Project No.: 2006-605-03 12 3820 Cherry A venue Jim & Connie Beck Svoboda Ecological Resources Project No.: 2006-605-03 FIGURES 13 3820 Cherry Avenue Jim & Connie Beck f I I l 11 l l l l J I l l l l , l ., / , ' I -.8Acres Part of the SW ¼ of the SW ¼ of Section 8, T117N, R23W ·1!{ SVOBODA \;i ;;, Eco log ica l Resources 0 Site Location Map Overlaid on a USGS Topographic Quadrangle D Approximate Parcel Boundary / '' .., .•' t) ,_,., ,.. Data Projected in North American Datum or 1983, Universal Transverse Mercator Zone 15 N Boundary Source: Hennepin County Parcel Database •I } n I 4,00,0 - Feet -3820 Cherry Avenue ;v-Or91\o, MN Figure 1 '. ·' r; f '. r: f! 11 JI J I I l I j 11 11 l l 11 I I 11 lJ J l l I -.8Acres Part of the SW ¼ of the SW ¼ of Section 8 , T117N , R23W f {~.SVOBODA \•1 ?'' Ecological Resource s Minnehaha Creek Watershed District Functional Assessment of Wetlands Map Overlaid on 2004 Aerial Photography 0 D Approximate Parce l Boundary --I , ' I Data Projected i n North American Datum of 1983, Uni versal Transverse Mercator Zone 15 N Boundary Source: Hennepin County Parcel Database 3820 Cherry Avenue .,::::Z:...:. . Orono, MN 1 (' \J Figure 2 ' ) I , r ~ ..:... ~;,,, I) fl r I 11 I i u l ' t -.8Acres Part of the SW ¼ of the SW ¼ of Section 8, T117N, R23W /{~SVOBODA 1·;1 :t, Ecolog ical Resources Hennepin County Soil Survey Map Data Projected in North American Datum of 1983, Universal Transverse Mercator Zone 15 N Boundary Source: 0 Overlaid on 2004 Aerial Photography D Approximate Parcel Boundary j:::::::::/ Non-Hydric Soils e::::zj Hydric St>ls ( .' Hennepin County Parcel Database 170 Feet 3820 Cherry Avenue Orono , MN Figure 3 f I fl r 11 I I l I ( I r l I 11 [j u u l u ll ~ .8Acres Part of the SW ¼ of the SW ¼ of Section 8 , T117N, R23W ·{"~.SVOBODA \;; ,"-' Ecological Resources 0 Public Waters Inventory Map Overlaid on a MN DNR PWI Map D Approximate Parcel Boundary D Updated PWI 1, 17 I ·) R Data Projected in North American Datum of 1983, Universal Transverse Mercator Zone 15 N Boundary Source : Hennepin County Parcel Database 3820 Cherry Avenue 2;000 ~... Orono, MN ) I· \ Feet '· ·1 >_ j Figure 4 .' .. "'' . Jj l, ' fl [ II 11 l I II 11 I l l1 l l l I l l l l l I -.8Acres Part of the SW ¼ of the SW ¼ of Section 8, T117N, R23W I\' ;t-.i~.SVOBODA ·,;, ?· Ecological Resources Approximate Wetland Boundary Map Overlaid on 2004 Aerial Photography 0 D Approximate Parcel Boundary Approximate WeUand Boundary * Sample Points 150 Data Projected in North American Datum of 1983, Universal Transverse Mercator Zone 15 N Boundary Source : Hennepin County Parcel Database 3820 Cherry Avenue Orono, MN Feet 1 /',. -~) Figure 5 ,'I i ~ .. · ..... ,-, \_ .. . j _, . l :' r..:·· ,. ,t i1 ~., ,·, / ., __ _j} THE TECHNICAL DOCUMENTATION SECTION Svoboda Ecological Resources Project No.: 2006-605-03 Field Data Sheets 14 3820 Cherry A venue Jim & Connie Beck . 1 SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting Site Name: 3820 Cherry Avenue Field Staff:...::S;.:.F.;;;:Z/""B;.:..P.;::;C ________ _ Normal Conditions: Yes Date: 10/2/06 Wetland #:._1;_. ____ _ Atypical Situation: No Sample Pt. ID:_S_P_1_·_1 _w_e_t ---­ Community Type: Tvoe 3/PEMF Problem Area: No Site Condition Notes:,._ ______________________________________ _ VEGETATION Dominants Determined Using The 50/20 Rule Species Strat. %cover Dom. Ind. Stat. Typha angustifolia H 90 ii OBL Camus stolonifera S 40 ii FACW _A_n_m_d_o~d_01_1ax_....,.........,. _______ H _F_rax_in_u_s_p_en_n_sy_l_va_n_ic_a ______ T Picea pungens T 50 ii 30 ii 30 ii --ii FACW FACW NI Strat. %cover Dom. Ind. Stat. >50% Dominants FAC or wetter? Yes >50% Dominants FACW, OBL (FAC-neutral test) Yes Notes:. ________________________________________________ _ • • Klossner Sod Survey Map Umt: ___________ _ Soil on Hydric Soil List: Field Observations Horizon/Depth 0-16" 16-24" Matrix Color N2.5/0 10YR 3/1 Hydric Soil Indicator: __________ _ Hydric Soil Present? Yes Texture Organic Sand SOILS Confirmed Soil Unit: Klossner ------------- Features (Mottles, Inclusions, Etc.)* Hamic *See last page of data sheets for an explanation of abbreviations found in the "Features" column Notes:~------------------------------------------------ Depth of Surface Water: _______ _.N..,./""A,..(,..in....,.) Depth to Free Water in Hole:. _____ ~N=f-A.._(1=·n-.) Depth to Saturated Soil: ________ ..,.O.,_., (""in...,..) Depth of Borehole: __________ 24......,(i,..n ... ) Notes: Soll saturated at surface HYDROLOGY Primary Indicators: _Inundation .!'.'._Saturation in Upper 12" Water Marks -Drift Lines _Sediment Deposits _Drainage Patterns in Wetland Secondary Indicators: _Oxidized Root Channels upper 12" .!'.'._ Water Stained Leaves ~Confirmed Soil Survey Hydric Unit .!'._FAC-Neutral Test _Other (Explain in Notes) JURISDICTIONAL WETLAND STATUS Hydrophytic Vegetation Present? Yes Hydric Soil Present? Yes ls Sample Point Within A Wetland? No Approx. Dist. Sample Point To Wetland Bndry:_1_0_• ________ _ Wetland Hydrology Present? Yes Notes:. ________________________________________________ _ SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting Site Name: 3820 Cherry Avenue Date: 10/2/06 Sample Pt. ID:_8_P_1_-1_u_p ___ _ Field Statf: . ..aS"-F=Z/;..;;:B"'"P""'C ________ _ Wetland #:._1_. ____ _ Community Type:,__,;;,U.,,.ol""'an""'da....-__ _ Normal Conditions: Yes Atypical Situation: No Problem Area: No Site Condition Notes:.__ ____________________________________ _ VEGETATION Dominants Determined Using The 50/20 Rule Species Strat. %cover Dom Ind. Stat. Strat. %cover Dom. Ind. Stat Poa pratensis H 100 v FAC- _F_rax;;.;.....in...;.u_s.,_p_en_n_sl.._y_va_n_ic_a ______ T Picea p1mgens T >50% Dominants F AC or wetter? No 50 50 --., FACW­ _N_I __ ------------------- ------------------- ------------------- ------------------- >50% Dominants FACW, OBL (FAC-neutral test) No Notes:. ________________________________________________ _ SOILS • , Klossner Sod Survey Map Umt: __________ _ Confirmed Soil Unit: Possible buried Klossner Soil on Hydric Soil List: Field Observations Horizon/Depth 0-5" 5-24" 24-30" Matrix Color 10YR 3/2 10YR 5/2 N2.5/0 Hydric Soil Indicator: ___________ _ Hydric Soil Present? Yes Texture Sandy Clay Loam Sandy Clay Loam Organic Features (Mottles, Inclusions, Etc.)* 1 OYA 3/3 MCD ORC Sapric *See last page of data sheets for an explanation of abbreviations found in the 11Features" column Notes: ________________________________________________ _ Depth of Surface Water: _______ ~N-M~<-in-.) Depth to Free Water in Hole: _____ __._N.._/A....._.(i..,n.,..} Depth to Saturated Soil: _______ ~N=/A~(i=---n.) Depth of Borehole: _________ _..3...,o...,(i""""n.} HYDROLOGY Primary Indicators: _Inundation _Saturation in Upper 12" _ Water Marks Drift Lines _Sediment Deposits _Drainage Patterns in Wetland Secondary Indicators: _Oxidized Root Channels upper 12" _ Water Stained Leaves _Confirmed Soil Survey Hydric Unit _PAC-Neutral Test _Other (Explain in Notes) Notes:. ________________________________________________ _ JURISDICTIONAL WETLAND STATUS Hydrophytic Vegetation Present? No Hydric Soil Present? Yes Is Sample Point Within A Wetland? No Approx. Dist. Sample Point To Wetland Bndry:._1_0_' ________ _ Wetland Hydrology Present? No Notes: ________________________________________________ _ THE TECHNICAL DOCUMENTATION SECTION Svoboda Ecological Resources Project No.: 2006-605-03 Plant Indicator Status 15 3820 Cherry Avenue Jim & Connie Beck INDICATOR CATEGORIES* Obligate Wetland (OBL)-Occur almost always (estimated probability >99%) under natural conditions in wetlands. Facultative Wetland (FACW)-Usually occur in wetlands (estimated probability 67%-99%), but occasionally found in non-wetlands. Facultative (FAC)-Equally likely to occur in wetlands or non-wetlands (estimated probability 34%-66%). Facultative Upland (FACU)-Usually occur in non-wetlands (estimated probability 67% - 99%), but occasionally found in wetlands (estimated probability 1% -33%). Obligate Upland (UPL)-Occur in wetlands in another region, but occur almost always (estimated probability >99%) under natural conditions in non-wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the National List. *Reed, P.B. 1988. National list of plant species that occur in wetlands: Minnesota. National Wetlands Inventory, U.S. Fish and Wildlife Service, St. Petersburg, Florida. Svoboda Ecological Resources Project No.: 2006-605-03 16 3820 Cherry A venue Jim & Connie Beck LOCATION KLOSSNER Established Series Rev. TCJ-AGG-TWN 09/2006 KLOSSNER SERIES MN+IA The Klossner series consists of very deep, very poorly drained soils formed in well decomposed organic material 41 to 127 cm (16 to 50 inches) thick overlying loamy deposits on moraines, till plains, lake plains, flood plains, and hillside seep areas. Slope ranges from 0 to 9 percent. Mean annual precipitation is about 711 mm (28 inches). Mean annual air temperature is about 8 degrees C (47 degrees F). TAXONOMIC CLASS: Loamy, mixed, euic, mesic Terrie Haplosaprists TYPICAL PEDON: Klossner muck, on a 1 percent slope, in a cultivated field. (Colors are for moist soil unless otherwise stated.) Oap--0 to 25 cm (0 to 10 inches); black (N 2/0) muck, very dark gray (lOYR 3/1) dry; about 20 percent fiber, less than 5 percent rubbed; weak fine subangular blocky structure; very friable; many very fine roots; moderately acid; abrupt smooth boundary. Oa--25 to 66 cm (10 to 26 inches); black (lOYR 2/1) muck, dark gray (lOYR 4/1) dry; about 60 percent fiber, about 6 percent rubbed; weak fine subangular blocky structure; very friable; many very fine roots; moderately acid; gradual smooth boundary. [Combined thickness of the 0 horizon is 41 to 127 cm (16 to 50 inches).] 2Al--66 to 91 cm (26 to 36 inches); black (N 2/0) mucky silty clay loam; weak medium subangular blocky structure; friable; few very fine roots; slightly acid; gradual smooth boundary. 2A2--91 to 122 cm (36 to 48 inches); black (N 2/0) silty clay loam; massive; friable; few dark reddish brown (5YR 3/4) iron oxide concentrations in root channels; about 1 percent gravel; neutral; gradual wavy boundary. [Combined thickness of the 2A horizon is 20 to 114 cm (8 to 45 inches thick).] 2Cgl--122 to 165 cm (48 to 65 inches); olive gray (5Y 5/2) clay loam; massive; friable; dark reddish brown (5YR 3/4) Fe oxide concentrations in root channels; many medium prominent yellowish brown ( lOYR 5/6) Fe concentrations; about 1 percent gravel; slightly effervescent; slightly alkaline; gradual wavy boundary. 2Cg2--165 to 203 cm (65 to 80 inches); gray (5Y 5/1) loam, massive; friable; many medium prominent light olive brown (2.5Y 5/4) and yellowish brown (lOYR 5/4) Fe concentrations; about 3 percent gravel; slightly effervescent; slightly alkaline. TYPE LOCATION: Major Land Resource Area (MLRA) 103-Central Iowa and Minnesota Till Prairies; Nicollet County, Minnesota; located about 792m (2600 feet) north and 701m (2300 feet) east of the southwest corner, sec. 12, T. 110 N., R. 28 W.; USGS Nicollet topographic Svoboda Ecological Resources Project No.: 2006-605-03 17 3820 Cherry Avenue Jim & Connie Beck I 11 I f I 11 l I t 11 11 11 11 I l 11 lJ L ll l l l J quadrangle; lat. 44 degrees 20 minutes 53 seconds N. and long. 94 degrees 8 minutes 29 seconds W .,NAD83. RANGE IN CHARACTERISTICS: The thickness of the organic material ranges from 41 to 127 cm (16 to 50 inches). It is derived primarily from herbaceous plants. The organic matter content ranges from 25 to 60 percent in the organic surface and 5 to 20 percent in the 2A horizon. The reaction of the organic material ranges from moderately acid to slightly alkaline. Some organic layers contain free carbonates. The O horizon has hue of 1 OYR, 5YR, or is neutral, value of 2 or 3 and chroma of O to 2. It is dominantly muck (sapric material) however, some pedons have thin layers of hemic material, less than 10 inches thick. Some pedons have highly organic mineral plow layers. The 2A horizon has hue of lOYR, 2.5Y, SY or is neutral, value of 2 or 3 and chroma of Oto 1. It is loam, silt loam, sandy clay loam, silty clay loam, clay loam or mucky modifiers of these textures. It is moderately acid to slightly alkaline. Some pedons contain thin layers of coprogenous earth. The 2Cg horizon has hue of lOYR, 2.5Y, SY, 5GY, or is neutral, value of 2 to 7 and chroma of 0 to 2. It is loam, silt loam, silty clay loam, clay loam, sandy clay loam, sandy loam or fine sandy loam, or their gravelly or cobbly analogues. It is slightly acid to moderately alkaline. The upper 30 cm (12 inches) of this horizon averages less than 35 percent clay. Some pedons contain thin strata of fine sand, loamy sand, or silt. Gravel or cobble sized rock fragments range from O to 25 percent by volume. Some pedons contain free carbonates. Sandy substratum and ponded phases are recognized. A firm till phase of clay loam with a moist bulk density of 1.6 to 1.9 gm/cc is recognized. COMPETING SERIES: These are Linwood , Medo , Palm s , Philbon and Shalc a r series. Linwood soils have well expressed granular structure to depths of more than 30 cm (12 inches) and formed mainly in woody fibers. Medo soils have sandy textures in the lower part of the series control section. Palms soils have organic matter content greater than 75 percent and do not have an A horizon directly below the organic material. Philbon soils have fibric and hemic material in the upper 30 cm (12 inches). Shalcar soils have less than 3 degrees C (26 degrees F) difference between mean January and mean July temperatures. GEOGRAPHIC SETTING: Klossner soils are in basins that were formerly lakes or ponds, lake plains, till plains, flood plains, or moraines. They are also on hillside seep areas in moraines and side slopes of river valleys. Slope ranges from Oto 9 percent. The soils on nearby uplands are generally loamy. The mean annual air temperature ranges from 7 to 11 degrees C (45 to 50 degrees F). The mean annual precipitation ranges from 610 to 813 mm (24 to 32 inches). Frost­ free period ranges from 110 to 160 days. Elevation above sea level ranges from 244 to 427 m (800 to 1400 feet). Svoboda Ecological Resources Project No .: 2006-605-03 18 3820 Cherry A venue Jim & Connie Beck 11 J l fl I l 11 11 ll 11 11 11 I ; 11 ll l l ti 1 I GEOGRAPHICALLY ASSOCIATED SOILS: The main ones are the Canisteo , Harp s , Okoboji , Glencoe , Muskego and Houghton soils . Canisteo and Harps soils are on the rims of depressions. Glenc oe and Okoboji are at the outer edges of the depressions. Muskego and Houghton soils are in larger depressions. DRAINAGE AND SATURATED HYDRAULIC CONDUCTIVITY: Very poorly drained . Surface runoff is negligible to ponded. The saturated hydraulic conductivity, measured in cm per hour, is .05 to 5.1 (.02 to 2.0 inches) in the upper material and .05 to 1.5 (.02 to .6 inches) in the lower part. Seasonal high saturation ranges from plus 91 to 30 cm (3 to 1 foot) for undrained areas of this soil. Areas that are drained have variable depths to saturation based on the effectiveness of the drainage network . ·usE AND VEGETATION: The greater part of this soil is cultivated to corn, soybeans, small grains and specialty crops such as vegetables or grass sod. Other areas are in vegetation of grasses, reeds, sedges, alder, aspen, or willow. Some of the hillside seep areas are set aside as natural areas and called fens . DISTRIBUTION AND EXTENT: The south central and southeast part of Minnesota and possibly northern Iowa. The series is extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Nicollet County, Minnesota, 1989. REMARKS: Diagnostic horizons and features recognized are: sapric soil materials from the surface to about 66 cm (26 inches); loamy mineral material from 66 to 127 cm (26 to 50 inches) or more; aquic moisture regime. This soil was formerly included in the Palms Series in Minnesota. A firm till substratum is recognized in the geomorphic surface landform of the Kandiyohi till. ADDITIONAL DATA: Refer to MAES-CFC#s 2697, 3251, 3400 and 3475. National Cooperative Soil Survey U.S.A. Svoboda Ecological Resources Project No .: 2006-605 -03 19 3820 Cherry Avenue Jim & Connie Beck J LOCATION LESTER Established Series Rev. AGG-TCJ-KDS 05/2001 LESTER SERIES MN+IA The Lester series consists of very deep, well drained soils that formed in calcareous loamy glacial till on till plains and moraines. These soils have moderate permeability. Their slopes range from 5 to 70 percent. Mean annual precipitation is about 28 inches. Mean annual temperature is about 47 degrees F. TAXONOMIC CLASS: Fine-loamy, mixed, superactive, mesic Mollie Hapludalfs TYPICAL PEDON: Lester loam with a convex slope of about 9 percent on a ground moraine in a cultivated field. (Colors are for moist soil unless otherwise noted.) Ap--0 to 7 inches; very dark grayish brown (lOYR 3/2) loam, grayish brown (l0YR 5/2) dry; moderate fine subangular blocky structure; friable; many fine roots; about 3 percent gravel; slightly acid; abrupt smooth boundary. (6 to 10 inches thick) Btl--7 to 21 inches; brown (lOYR 4/3) clay loam; moderate medium subangular blocky structure; firm; many very fine roots; common very dark grayish brown ( 1 0YR 3/2) clay films on faces of peds and few very dark gray (lOYR 3/1) organic coats on faces of peds; about 2 percent gravel; slightly acid; clear smooth boundary. Bt2--21 to 38 inches; dark yellowish brown (l0YR 4/4) clay loam; moderate medium subangular blocky structure; friable; common fine roots; common dark grayish brown (l0YR 4/2) clay films on faces of peds and few very dark brown (lOYR 2/2) organic coats on faces of peds; about 3 percent gravel; slightly acid; gradual smooth boundary. (Combined Bt horizon is 10 to 40 inches.) Bkl--38 to 50 inches; yellowish brown (lOYR 5/4) loam; weak medium subangular blocky structure; friable; few fine roots; common very pale brown (l0YR 8/2) carbonate threads; about 2 percent gravel; violently effervescent; slightly alkaline; clear wavy boundary. Bk2--50 to 60 inches; yellowish brown (lOYR 5/4) loam; weak medium subangular blocky structure; friable; common fine distinct yellowish brown ( lOYR 5/6) relict Fe concentrations; common very pale brown (lOYR 8/2) carbonate threads; about 2 percent gravel; violently effervescent; slightly alkaline; clear wavy boundary. C--60 to 80 inches; yellowish brown (lOYR 5/4) loam;; massive; friable; common medium distinct yellowish brown (l0YR 5/6) relict Fe concentrations and few fine distinct light brownish gray (lOYR 6/2) relict Fe depletions; about 1 percent gravel; strongly effervescent; slightly alkaline. Svoboda Ecological Resources Project No.: 2006-605-03 20 3820 Cherry Avenue Jim & Connie Beck r fl fl r l r I I 11 11 l I [ I l ' l I l J l J I J 11 I TYPE LOCATION: Wright County, Minnesota; about 3 miles west of Otsego, 1460 feet south and 200 feet west·of the northeast corner of Sec. 15, T.121 N., R .24 W.; USGS Big Lake quadrangle; lat. 45 degrees 17 minutes 29 seconds N.; long . 93 degrees 41 minutes 3 seconds W., NAD27 RANGE IN CHARACTERISTICS: Depth to free carbonates ranges from 20 to 54 inches. Rock fragments of mixed lithology comprise 1 to 8 percent of the volume of the control section . The A or Ap horizons have hue of lOYR, value of 2 or 3, and chroma of 1 or 2 . The E horizon where present, has value of 3 to 5, and chroma of 1 to 3. The A and E horizons are loam or clay loam, but sandy loam, fine sandy loam, or silt loam is within the range. They range from moderately acid to neutral. The Bt horizon has hue of lOYR or 2.5Y, value of 4 or 5, and chroma of 3 or 4. It is clay loam or loam and has 24 to 35 percent clay and 30 to 45 percent sand. The Bl A clay ratios range from 1.2 to 1.4. It is strongly acid to slightly acid in the upper part and moderately acid to neutral in the lower part. A Bw horizon is sometimes present below the Bt. The Bk horizon has hue of lOYR or 2.5YR, value of 4 or 5, and chroma of 3 to 6. The Bk horizon is loam or clay loam. It is slightly alkaline or moderately alkaline. Relict redoximorphic features are present in some pedons. The C horizon has hue of 2.5Y or lOYR, value of 4 to 6, and chroma of 3 to 6. It is loam or clay loam. It is slightly alkaline or moderately alkaline. Relict redoximorphic features are present in some pedons. COMPETING SERIES: These are the Angus , Argyl e, Baltimore , Ba sse tt , Blo o ming , Caleb , Dowagiac , Dunbridge , Gara , Koronis , Lauramie, Langlois , Lydick , Mohawk , Neda , Newcomer, Oneco , Orwood , Racine , Razort , Sebbo , Taopi , Waucoma, and Winneshiek soils in the same family. Angus and Sebbo soil have saturation in the lower third of the series control section. Argyle, Baltimore, and Oneco soils have B horizons with 7 .5YR or redder hue . Bassett soils are very strongly acid to moderately acid in the upper part of the Bt horizon. Blooming and Racine soils have 15 to 35 percent sand in the upper part of the particle-size control section . Caleb soils have some subhorizons that have more than 45 percent in the lower part of the control section. Dowagiac and Koronis soils have less than 24 percent clay in the lower one third of the particle­ size control section. Dunbridge, Waucoma, Newcomer and Winneshiek soils have sola terminated by bedrock at depths above 60 inches. Gara soils average less than 2 percent rock fragments in the control section. Langlois, Lydic, and Neda soils have more than 8 percent rock fragments in some subhorizon of the control section. Lauramie soils have more than 45 percent sand in some subhorizon in the middle part of the control section. Mohawk soils have a higher content of silt and have dark colors in the B horizon which apparently are inherited from dark shale. Orwood soils have no rock fragments in the particle-size control section. Razort soils have less than 30 percent sand in the control section. Svoboda Ecological Resources Project No .: 2006 -605-03 21 I 3820 Cherry A venue Jim & Connie Beck ) ,1·-·•,·,. ,. . ,. • \ I ' ·. r J I r J I 11 11 l I I J 11 l I I l 11 l l ll ~I l l l l GEOGRAPHIC SETTING: These soils have convex slopes on moraines and till plains. Slope gradients range from 5 to 70 percent. They formed in calcareous, loamy glacial till of late Wisconsinan Age. Mean annual temperature ranges from 45 degrees to 52 degrees F. Mean annual precipitation ranges from 25 to 33 inches. Frost free days range from 125 to 165. Elevations range from 700 to 1600 feet. GEOGRAPHICALLY ASSOCIATED SOILS: These include the Cordova , Dundas , Glencoe , Hamel , Houghton , Klossner , Le Sueur , Muskego , and Nessel soils. Poorly drained Cordova and somewhat poorly and poorly drained Dundas soils are on flats and upper drainageways with a high seasonal water table. Very poorly drained Glencoe, Houghton, Klossner, and Muskego soils are mostly in depressions. Poorly drained Hamel soils are on foot and toe slopes. Moderately well drained Le Sueur and Nessel soils are on slightly elevated flats and gently convex slopes. DRAINAGE AND PERMEABILITY: Well drained. Permeability is moderate. Runoff is medium to high. USE AND VEGETATION: Mostly cropped to corn and soybeans. Some is in pasture and forest. Native vegetation is savanna. DISTRIBUTION AND EXTENT: South-central and east-central Minnesota and northeastern Iowa. Extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Dakota County, Minnesota, 1945. REMARKS: Diagnostic horizons and featured recognized in this pedon are: mollic subgroup - the zone from the surface to 7 inches (Ap horizon); argillic horizon -the zone from 7 to 38 inches (Bt horizons). Type location moved from Waseca County, Mn. to Wright County, Mn., 11/96 to better exemplify the series concept within the MLRA. Slopes of 1 to 5 percent that were previously correlated as Lester may be included with the Angus series in the future. National Cooperative Soil Survey U.S.A. Svoboda Ecological Resources Project No .: 2006-605-03 22 3820 Cherry Avenue Jim & Connie Beck THE TECHNICAL DOCUMENTATION SECTION Soil Series Descriptions Acquired from Natural Resource Conservation Service Website, Official Soil Series Descriptions Svoboda Ecological Resources Project No.: 2006-605-03 23 3820 Cherry A venue Jim & Connie Beck THE TECHNICAL DOCUMENTATION SECTION Svoboda Ecological Resources Project No.: 2006-605-03 Wetland Definition 3820 Cherry Avenue Jim & Connie Beck WETLAND DEFINITION According to the 1987 U.S. Army Corps of Engineers "Wetlands Delineation Manual" (1987 Manual; the document used by all delineators to define wetlands) a wetland is "Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." The Minnesota State Wetland Conservation Act Rules, Chapter 8420, further clarifies that" ... wetlands must: (1) have a predominance ofhydric soils; (2) be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances, support a prevalence of hydrophytic vegetation." The 1987 U.S. Army Corps of Engineers Manual in Part II, item 24. states that, "The interaction of hydrology, vegetation, and soil results in the development of characteristics unique to wetlands. Therefore, the following technical guidelines for wetlands are based on the three parameters, and diagnostic environmental characteristics used in applying the technical guideline are represented by various indicators of these parameters." It is this premise by which SER ecologists has, in their professional judgment, delineated the wetlands on the subject parcel described in this report. Wetland Hydrology The most important wetland criterion is hydrology. The presence and persistence of water influences the vegetation types and changes soil morphology. Hydrology may be observed as standing water (inundation), or may be observed as freestanding water within the soil pit or auger hole (saturation) usually within the upper 12 inches. This is what would be considered primary hydrology indicators. Only one primary indicator is necessary to make the determination that wetland hydrology indeed exists. The 1987 Corps Manual also has a range of hydrologic zones established based on period of inundation or saturation. These zones and the periods of inundation or saturation for each can be observed in Table 1 below. E xcerpte . rom t e df h 1987 M anua, y ro og1c lHd l. Z Zone Name I Permanently Inundated Semipermanently To Nearly II Permanently Inundated Or Saturated III Regularly Inundated Or Saturated IV Seasonally Inundated Or Saturated Irregularly Inundated or V Saturated Intermittently Or Never VI Inundated Or Saturated Svoboda Ecological Resources Project No.: 2006-605-03 Duration 100% <75- <100% >25-75% <12.5- 25% >5-12.5% <5% ones-N "dlA ontt a reas Comments Inundation >6.6 ft. mean water depth Inundation defined as :5:6.6 feet mean water depth Many areas having these hydrologic characteristics are not wetlands Areas with these hydrologic characteristics are not wetlands 25 Wetland or Not Not (Aquatic Habitat Zone, or Deep Water Habitat) Wetland Wetland Wetland Wetland (if hydrophytic veg. and hydric soils also present Not 3820 Cherry Avenue Jim & Connie Beck The definition of appropriate hydrology according to the 1987 Manual includes two important terms that must be clarified. First, the definition of a growing season is needed. The growing season is defined in the 1987 Manual as: " ... the portion of the year when soil temperature (measured 19.7 inches below the surface) is above biological zero (5° C or 41 ° F)." According to the 1987 Manual this period of time can be approximated by using the "starting and ending dates for the growing season based on a 28° Fair temperature threshold at a frequency of 5 years in 10." Based on this definition the growing season ranges approximately 160 days to 180 days in the Minneapolis/St. Paul metropolitan area (160 in the northern suburbs and greater to the south). Therefore, the required inundation or saturation to the surface for 5% of the growing season would be 8 or 9 consecutive days that ground water would need to be at the surface or saturated to the surface. The second term in the appropriate hydrology definition from the above paragraph to be clarified is "in most years". This means in 5 of 10 years hydrology must exist within a 'jurisdictional wetland" for the 8 or 9 consecutive days of the growing season. This means that one observation date or even one whole year worth of detailed hydrology data may be deemed insufficient to determine if appropriate hydrology exists at a given location. In the event that precipitation events accumulate to above or below normal during just prior to a site visit or during a more intensive hydrology study, the data may be confounded by non-normal circumstances and may be considered outside the bounds of "most years". Ideally, both antecedent soil moisture conditions and precipitation would be normal during all delineations. However, this is not a realistic impression of climate. Therefore, primary indicators of hydrology must be reviewed with scrutiny prior to determining if hydrology indeed exists. Wetland hydrology may be observed as standing water (inundation), or may be observed as freestanding water within a soil pit or auger hole (saturation) usually within the upper 12 inches. This is what would be considered primary hydrology indicators. Examination of this indicator requires digging a soil pit to a depth of 16 inches and observing the level at which water stands after sufficient time has been allowed for water to drain into the hole. The required time will vary depending on soil texture. This level represents the depth to the water table; the depth to saturated soils will always be nearer the surface due to the capillary fringe. According to the Hydrology criteria in the 1987 Delineation Manual, for soil saturation to impact vegetation, it must occur within a major portion of the root zone, typically within 12 inches of the surface. Only one primary indicator is necessary to make the determination that wetland hydrology is present. However, since a single observation is not enough evidence, based on the percentage of the growing season this inundation or saturation is required, these data are only valid when reviewed while also considering the abundance of recent precipitation events or the seasonal trend of climate when the site visit was made (this may be done through review of precipitation records where available). In addition to the primary indicators of wetland hydrology, there are secondary indicators (e.g. oxidized root channels, water-stained leaves, local soil survey data, PAC-Neutral test), of which two must be present to consider the sample point as having wetland hydrology. Svoboda Ecological Resources Project No.: 2006-605-03 26 3820 Cherry Avenue Jim & Connie Beck Hydrophytic Vegetation (Wetland Vegetation) Wetland vegetation is defined in the 1987 Manual as "The sum total of macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. When hydrophytic vegetation comprises a community where indicators of hydric soils and wetland hydrology also occur, the area has wetland vegetation." In more standard terms, some plants are more adapted to growing within inundated or saturated soil. Based on literature records and professional experience, a panel of experts compiled a list of plant species and assigned each a hydrophytic status ( described below and includes five major classes of probability of a plant occurring within a wetland). In terms of delineation there is a gradient of plant species that are adapted to "growing in water or on substrate that is at least periodically deficient of oxygen". Fieldwork associated with wetland delineations includes a procedure (the 50/20 Rule, for determination of dominance), which is also outlined in the 1987 Manual, by which to determine if hydrophytic plant species dominate the vegetation at a given location. This procedure has been used for the wetland delineation at the subject parcel of this report. Hydric Soil Defined in the 1987 Manual as "A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. Hydric soils that occur in areas having positive indicators of hydrophytic vegetation and wetland hydrology are wetland soils." For the purposes of delineation of wetlands, soils cannot be viewed without digging pits or extracting soil using an auger. Therefore, transects of soil samples are taken from perceived upland to perceived wetlands along a transitional boundary. There are specific color indicators, textures, and depth requirements in the soil that are reviewed in order to determine whether hydric soils occur at a given point or not. After a transect of soil samples has been taken, upon consideration of vegetation and indicators of appropriate hydrology a working prototype for the given wetland is developed by the delineator. The wetland delineator then uses this working prototype to complete the location of the remainder of the wetland boundary, unless the wetland is large enough or the landscape features (vegetation or topography) change enough to warrant additional transect samples. Svoboda Ecological Resources Project No.: 2006-605-03 27 3820 Cherry A venue Jim & Connie Beck APPENDIX A Explanation of Cowardin and Circular 39 Wetland Classification Systems Svoboda Ecological Resources Project No.: 2006-605-03 28 3820 Cherry A venue Jim & Connie Beck Clarification of Cowardin Classification and Circular 39 Introduction Wetland Types 1, lL, 2, 3 and 7 By Franklin J. Svoboda Svoboda Ecological Resources 2477 Shadywood Road, Suite 100 Excelsior, MN 55331 (952) 471-1100 franks@gpsinnovations.com The National Wetland Inventory (NWI) mapping process completed in Minnesota between 1979 and 1982 developed a wetlands inventory map for the state of Minnesota utilizing remotely sensed color infrared photography that was visually interpreted. The interpretation process hierarchically classified wetlands using, at the time, the recently published Cowardin classification system (Cowardin et al 1979). The wetland interpretation and classification process was ground verified using selective plots and locations but was field verified to only a limited extent. Consequently, the published NWI paper copies carry the disclaimer that these maps are to be used for advisory purposes only and actual classifications are to be based on ground verification. Visual interpretation from remote sensed imagery has some limitations particularly with regard to the water regime modifier. Year to year variation in precipitation cycles along with the occurrence of precipitation events at the time that the imagery was acquired, even if all acquisition occurred during the spring season, can result in variations in modifier categorization. Accurate classification becomes critical when regulatory decisions are being made with regard to the wetland type and the amount of de minimum fill that is permissible. Also, it is a matter of scientifically accurate consistency with regard to adherence to the various technical publications and regulatory guidance documents. Circular 39 was authored by Shaw and Fredine and published by the U.S. Fish and Wildlife Service (USFWS) in 1956. The intended purpose of Circular 39 was an effort at classifying and inventorying wetlands on a national scale in order to assess the wetland base and related waterfowl production potential. The classification process was never intended to serve as a classification system for wetland regulatory purposes. However, since it was the first national effort of its kind and as wetland regulatory intentions materialized, this was the only method available to differentiate between wetlands of different types. Svoboda Ecological Resources Project No.: 2006-605-03 29 3820 Cherry Avenue Jim & Connie Beck The Board of Water and Soil Resources (BWSR) cross-reference table (8420.0549 subp. 2.) indicates that Circular 39 Type 3 wetlands have a "C" water regime modifier. This is an inaccurate cross­ reference and the intent of this technical paper is a clarification of the correct interpretation. There is also a common tendency to refer to bottomland hardwoods as Type 7 wetlands. This is also an inaccurate classification. The NWI paper maps do not use the water regime modifier "E" because it was difficult to interpret from the inherent limitations imposed by the remote sensed imagery. Therefore, most if not all Type 3 wetlands were given the designation "C". However, the following discussion will examine and clarify the differences between Circular 39 Types 1, IL, 2, 3, and 7 and the appropriate Cowardin water regime modifying terms. Circular 39 Wetland Types Type 1/lL -Seasonally Flooded Basins or Flats Type 1 wetlands are characterized by soil that is covered with water or is waterlogged during variable seasonal periods but is usually well drained during much of the growing season (italics added for emphasis). These wetlands may be found in upland depressions as well as in overflow bottomlands, i.e. river and stream floodplains. Within floodplains, flooding may occur in late fall, winter or spring. In upland contexts, basins or flats may be water filled during heavy rain events or following spring snow melt. Vegetation types vary greatly according to the season and the duration of flooding. Included within Type 1 are bottomland hardwoods as well as some herbaceous growths. Where the water has receded early in the growing season, smartweeds, fall panicum, tealgrass, chufa, redroot cypress and weeds (such as marsh elder, ragweed and cockleburs) are likely to occur. Shallow basins that are submerged only very temporarily usually develop little or no wetland vegetation (Shaw and Fredine 1956, p30). Since Circular 39 was developed for national application, the description of Type 1 wetlands covers a broad range of geographic contexts hence the reference to winter flooding. Cowardin et al (p. 28) in Table 4 describe Type 1 wetlands as seasonally flooded basins or flats, wet meadow, bottomland hardwoods and shallow freshwater swamps. The water regimes are described as temporarily flooded (A) or intermittently flooded (J). The Minnesota Department of Natural Resources (DNR), within the regulatory framework of the Protected Waters and Public Wetlands framework has added the Type IL designator to more clearly clarify the Circular 39 classification method and to allow an accurate distinction to be made between bottomland hardwoods, seasonally flooded non-vegetated or herbaceous vegetated basins and hardwood swamps. The distinction on the basis of hydrology is clear and it was the intent of the DNR to differentiate between forested bottomland hardwoods and non-forested wetlands. Type 2 -Inland Fresh Meadows Inland fresh meadows (Type 2) wetlands have soil that is usually without standing water during most Svoboda Ecological Resources Project No.: 2006-605-03 30 3820 Cherry Avenue Jim & Connie Beck of the growing season but is waterlogged to within at least a few inches of its surface. Vegetation includes grasses, rushes, sedges, and various broad-leaved plants. In northern environments, typical species representatives are carex, rushes, redtop, reedgrasses, mannagrasses, prairie cordgrass and mints. Meadows may be present in shallow lake basins, sloughs, farmland "sags" or may border shallow marshes on the landward side. Table 4 (Cowardin et alp. 28) includes within its description of Type 2 wetlands as fen and northern sedge meadow. The water regime is described as saturated (B). This description, as used by some plant ecologists and wetland scientists, is specifically limiting and at least in some instances does not suggest that reed canary grass dominated wetlands would fall into this category. Type 3 -Inland Shallow Fresh Marshes Inland shallow fresh marshes (Type 3) wetlands have a soil substrate that is usually waterlogged during the growing season and at some times may be covered with as much as 6 inches or more of water. Common vegetation includes grasses, bulrushes, spikerushes, and various other marsh plants such as cattails, arrowheads, pickerel weed, and smartweeds. Common representatives in the North include reed, whitetop, rice cutgrass, carex and giant burreed. Type 3 marshes may nearly fill shallow lake basins or sloughs or may border deep marshes on the landward side. They may also occur as seep areas in agricultural fields resulting from failing drain tile systems or where sand seams are near the surface on hillside slopes. Cowardin et al (Table 4, pg 28) describes the water regime as either seasonally flooded (C) or semipermanently flooded (F). The accurate categorization of Type 3 wetlands is most critical since seasonally flooded wetlands containing reed canary grass are eligible for larger de minimus fills (up to 10,000 square feet) than cattail marshes (only 400 square feet). The difference in hydrological regimes is discussed in the next section. Type 7 -Wooded Swamps Wooded swamps (Type 7) wetlands have a soil substrate that is "waterlogged to within a few inches of its surface" (Shaw and Fredine 1956, pg 22) during the growing season and often can be covered with as much as 1 foot of water. Type 7 wetlands often occur along the edges of sluggish streams, on floodplains, on flat uplands and in very shallow lake basins. In the North, trees include tamarack, arbor vitae, black spruce, balsam, red maple, and black ash. Northern evergreen swamps frequently have a thick ground cover of mosses. Deciduous swamps frequently contain beds of duckweeds, smartweeds and other herbaceous plant species. Hardwood swamps frequently are associated with Type 6, shrub swamp wetlands. Table 4 (Cowardin et al 1979, pg 28) states that Type 7 wetlands include all water regimes except permanently flooded. This description is inconsistent with the more specific description of Shaw and Fredine ( 1956) that describes a Type 7 wetland as having waterlogged soil to within a few inches of the surface throughout the growing season. Wooded swamps (Type 7) are frequently mischaracterized as bottomland hardwoods (Type lL), Svoboda Ecological Resources Project No.: 2006-605-03 31 3820 Cherry A venue Jim & Connie Beck however there are significant differences in the hydrological regimes between the two. The nature of these differences is discussed in a subsequent section. Cowardin Water Regime Modifiers The purpose of water regime modifiers is to provide a better description of the variations in hydrology that occur in wetlands on a seasonal and annual basis. These descriptions are general in nature because wetland hydrology is extraordinarily dynamic. Hydrology is the most variable component of wetlands and can vary substantially within a single basin weekly, monthly, seasonally, annually and over decades. Extraordinarily wet or dry periods, whether short or prolonged, do have dramatic effects on the presence or absence of water in any given wetland. Whether a wetland has naturally occurring hydrology or whether it is partially or completely drained affects its behavior as a component of the landscape, its appearance, the vegetation that inhabits it, and the effectiveness of the functions that it performs. Wetlands may also have artificially induced hydrology due to stormwater inputs or interconnections to other wetlands via ditch or tile drain systems. Careful consideration of each wetland within the overall context of the landscape is necessary to understand which water regime best fits along with the special modifiers that describe alterations to wetlands. One special modifier class that is missing is the "stormwater pond" category. This is a commonly occurring condition in urban landscapes and should be added. Stormwater ponds may have been specifically constructed for that purpose or, in the past, previously existing wetlands were used to treat stormwater and now function as stormwater ponds rather than "natural" wetlands. Descriptions of the modifiers are taken from Cowardin et al ( 1979, pgs 21 -22) and from Santos and Gauster (1993, pgs 30-32). Descriptions within the parentheses are terms used on the NWI key and the longer description is the one used by Cowardin et al. (1979). Where a parenthetical term is excluded, the two terms are the same. Modifier "A" Temporarily Flooded (Temporary) Surface water is present for brief periods during the growing season but the water table usually is well below the soil surface for most of the season. Temporarily flooded wetlands usually have plants that are characteristic of both uplands and wetlands. This modifier description is most appropriately assigned to Type 1 and lL wetlands but clearly does not fit the Type 7 Hardwood Swamp wetland type. Table 4 (Cowardin et al 1979, pg 28) is inconsistent by including this regime in the Type 7 category. Modifier "B" Saturated Soil saturation occurs to the surface for extended periods during the growing season but surface water is seldom present or evident. Many sedge and rush wetlands fit into this category. This Svoboda Ecological Resources Project No.: 2006-605-03 32 3820 Cherry Avenue Jim & Connie Beck modifier also aptly fits the water regime that occurs in the hardwood swamps that are present in parts of Minnesota in hardwood swamps such as black ash swamps and in coniferous swamps such as white cedar, tamarack, and black spruce swamps. This modifier also describes Type 2 wetlands as described above and includes fens and sedge/rush dominated wetlands. Modifier "C" Seasonally Flooded (Seasonal) Surface water is present for extended periods especially early in the growing season but is absent by the end of the season in most years. When surface water is absent, the water table is often near the surface. Santos and Gauster (1993, pg 31) add that the water table, after flooding ceases, is very variable, extending from saturated to a water table well below the surface. This accurately describes the situation that frequently occurs within reed canary grass wetlands where there is saturation to the surface or even several inches of inundation after snow melt. In most years, by the end of May, surface water is no longer evident in many of these basins. During June, the water table continues to recede until by August, the water table may be two or more feet below the surface. Many of these areas are used for livestock pasturing and for harvesting meadow hay. Wetlands with a "C" modifier that consist predominantly of reed canary grass should be categorized as either Type 1 or Type 2 depending on the length of time that water is present. This modifier is the most difficult to specifically assign to a Type 1, Type 2 or Type 3 category as it could apply to any of the three. Modifier "D" Seasonal Well-Drained (No comparable Cowardin category) Santos and Gauster (1993, pg 31) describe this modifier as applying where surface water is present for extended periods especially early in the growing season. The water table, after flooding ceases falls well below the ground surface. This modifier would appear to apply to floodplains and bottomland hardwood forests (Type lL) as described above. Modifiers "C" and "D" seem to overlap to a certain extent and could also apply to reed canary grass wetlands as well. Modifier "E" Seasonal Saturated (No comparable Cowardin category) Surface water is present for extended periods especially early in the growing season, and remains saturated near the surface for most of the growing season (Santos and Gauster 1993, pg 31). This modifier would appear to apply to fens, sedge and rush meadows, some Type 6 shrub swamps, Type 7 Hardwood Swamps and Type 8 bogs. Some reed canary grass wetlands might fall into this category but most seem to be dried out by early to mid-summer. Modifier "F" Semipermanently Flooded (Semipermanent) Surface water persists throughout the growing season in most years. When surface water is absent, the water table is usually at or very near the land surface (Cowardin et al 1979, pg 22; Santos and Gauster 1993, pg 31). This modifier applies to Type 3 cattail marshes and may also apply to some hardwood swamps such as black ash, conifer bogs and Type 6 alder shrub swamps. Svoboda Ecological Resources Project No.: 2006-605-03 33 3820 Cherry A venue Jim & Connie Beck Modifier "G" Intermittently Exposed Surface water is present throughout the year except in years of extreme drought (Cowardin et al 1979, pg 22; Santos and Gauster 1993, pg 31). Type 4 wetlands fall into this category. Modifier "H" Permanently Flooded (Permanent) Water covers the land surface throughout the year in all years. Vegetation is composed of obligate hydrophytes (Cowardin et al 1979, pg 22). Modifier "J" Intermittently Flooded The substrate is usually exposed, but surface water is present for variable periods without detectable seasonal periodicity. Weeks, months, or years may intervene between periods of inundation. The dominant plant communities may change as soil moisture conditions change. According to Cowardin et al (1979, pg 22) "Some areas exhibiting this regime do not fall within our definition of wetland because they do not have hydric soils or support hydrophytes." Some of the areas in agricultural fields that have been flooded during the spring and early summer of 2003 and 2004, following periods of intense and persistent rainfall, may well fall into this category and may not in fact be subject to regulation as a wetland. Modifier "K" Artificially Flooded (Artificial) The amount and duration of flooding is controlled by means of pumps or siphons in combination with dikes or dams. Water and wastewater treatment facilities are included under this category. This definition does not appear to include stormwater ponds. Modifier "Z" Intermittently Exposed/Permanent (No comparable Cowardin category) Exhibits features of both Intermittently Exposed and Permanent water regimes (Santos and Gauster 1993, pg 31). Modifier "W" Intermittently Floodedffemporary (No comparable Cowardin category) Exhibits features of both Intermittently Flooded and Temporary water regimes (Santos and Gauster 1993, pg 32). Modifier "Y" Saturated/Semipermanent/Seasonal (No comparable Cowardin category) Exhibits features of the Saturated, Semipermanent and Seasonal water regimes (Santos and Gauster 1993, pg 32). Svoboda Ecological Resources Project No.: 2006-605-03 34 3820 Cherry A venue Jim & Connie Beck Modifier "U" Unknown (No comparable Cowardin category) The water regime is not known (Santos and Gauster 1993, pg 32). Discussion Type 1/lL The description provided for Type 1 wetlands and the reference to the absence of wetland vegetation in basins that are only flooded very temporarily raises a regulatory question. One of the criteria for a jurisdictional wetland is the presence of hydrophytic vegetation ( 1987 Manual pp 16 -26). Type 1 wetlands often are found in agricultural fields and often are determined to be jurisdictional on the basis of an aerial 35mm slide review; the quality of the slides is poor under the very best of circumstances .. The determination of regulatory jurisdiction is based on normal circumstances or as defined by the COE, being agriculturally cropped 51 out of 100 years (i.e. by inference lacking sufficient hydrology for either 5 or 12.5 percent of the growing season). The Wetland Conservation Act (WCA) determines normalcy as agricultural cropping for 6 out of 10 years (MnRules 8420.0110, Subp 53; 8420.0122 Subp.1, A and B). Typically, normalcy on agricultural lands is determined by the review of the aforementioned low quality 35mm aerial slides and judgments are made as to whether an area is cropped or if the crops are subject to hydrological stresses. The process is highly subjective and can be biased by excessive precipitation that may occur early in the crop growth cycle. Field examination of these areas may indicate the presence of smartweed and some of the other indicated species in seasonally abnormally wet years whereas in normal years, hydrophytic vegetation is absent. It is highly probable that the process of determination of Type 1 wetlands as jurisdictional in many cases is extending beyond the legitimate definition of Type 1 wetlands and the intent of the 1987 Manual. Does a Type 1 basin need to be flooded for 5 percent of the growing season (the lower definitional bound for jurisdictional hydrology) or 12.5 percent (the upper definitional bound for jurisdictional hydrology) in order for hydrophytic vegetation to develop? In practice, the St. Paul District of the Corps of Engineers (COE) (also applied in practice under the Wetland Conservation Act) applies the 5 percent hydrological definition but if that is too short to allow the development of hydrophytic vegetation under normal conditions than the absence of hydrophytic vegetation would make those Type 1 wetlands non-jurisdictional. Type lL -bottomland hardwoods -poses an equally difficult regulatory question. Tools for the evaluation of hydrology for non-cropped areas are much more data intensive and are also subject to precipitation event variability. Measurement tools for the determination of precipitation normalcy are a combination of evaluating annual precipitation and comparison to a 30-year rolling average along with extensive near ground surface early season hydrological monitoring. If the water levels are within 12" of the surface for less than 8.5 days in the general latitude of the Twin Cities (5 percent of the growing season), than the area is not wetland. If water levels are within 12" of the surface Svoboda Ecological Resources Project No.: 2006-605-03 35 3820 Cherry A venue Jim & Connie Beck between 5 percent and 12.5 percent of the growing season (21 days in the general latitude of the Twin Cities) according to the 1987 Manual (Table 5 pg. 36), the area may be wetland but usually is not. However, the standard practice of the St. Paul COE is to declare any areas that exceed the 5 percent criteria to be judged jurisdictional wetlands. Areas with water levels within 12" of the surface in excess of 12.5 percent of the growing season are wetlands. No one has ever undertaken a scientific study to evaluate the relationship between the hydrological requirements and the presence of various wetland or non-wetland plant species. This is a critical, yet unanswered question. Some studies have been completed examining soil types and hydrological responsiveness but the link between plants and hydrology has yet to be made. Given the annual cost 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 lL Inconsistencies in technical descriptions regarding the hydrological regime of these two wetland Svoboda Ecological Resources Project No.: 2006-605-03 36 3820 Cherry A venue Jim & Connie Beck 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 lL 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 lL 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/lL 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 important in that a de minimus exemption of anywhere from 2000 square feet to 10,000 square feet might be applicable. Also being accurate with regard to wetland type is important when designation of the regulatory wetland type is done based on if the deepest part of the basin or the dominant vegetation is the wetland type that determines allowable fill. This requirement often over-regulates the reed canary grass fringe and eliminates the possibility of applying the 2000to 10,000 square foot de minimus in many cases where a very small percentage of the overall basin is cattail but because the deepest part of the basin criteria is applied, only 400 square feet of de minimus fill may be used. In general, while this may seem to be an arcane discussion, in reality it is crucial in order for the regulated community to rightfully claim the wetland exemptions that the law permits. Conversely, it entitles the landowner to rightfully claim useable land for development purposes. A clear understanding and accurate interpretation of the classification system is necessary in order for the exemptions available under the de minimus categories to be appropriately applied. Svoboda Ecological Resources Project No.: 2006-605-03 37 3820 Cherry Avenue Jim & Connie Beck Literature Cited Cowardin, L.M., V. Carter, F.C. Golet, and R.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS-79/31. 103pp. Environmental Laboratory. 1987. 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. lO0pp + app. Minnesota Board of Water and Soil Resources. 2002. Board of Water and Soil Resources Wetland Conservation Act Rules Chapter 8420. Office of Reviser of Statutes. St. Paul, Minnesota. 151 pp. Santos, K.M. and Joan E. Gauster. 1993. User's Guide to National Wetlands Inventory Maps (Region 3) and to "Classification of Wetlands and Deepwater Habitats of the Unitized States". U.S. Fish and Wildlife Service National Wetlands Inventory Region 3. Bloomington, Minnesota. 38pp. Shaw, S.P. and C. G. Fredine. 1956. Wetlands of the United States. U.S. Fish and Wildlife Service, Circular 39. 67pp. Svoboda Ecological Resources Project No.: 2006-605-03 38 3820 Cherry A venue Jim & Connie Beck