Loading...
HomeMy WebLinkAboutWetlland classification, identification, delineation-2005 SVOBODA_ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources&Enviromnental Consulting DATE: / 12005 TRANSNIITTAL RE: � 36q —�� TO: .T—M kyt o FROM: Enclosed please find: Vag Other Instructions/Comments: 2477 Shadywood Road -Excelsior,MN 55331 (952)471-1100(Office) - (952)471-0007(Fax) SVOBODA ECOLOGICAL RESOURCES Providing the Sbarper Edge in Natural Resources&Environmental Consulting August 9,2005 Renae Clark Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven,MN 55391 RE: SER Project Name: 531 North Stream Road SER Project No: 2005-309-03 Project Location: NE 1/a of NE 1/a of Section 20,T1 18N,R23W City of Orono,Hennepin County,Minnesota Project Description: Wetland Classification,Identification,Delineation, & Staking Services For LGU Notification: The 60-day Review Period From The Approximate Date Of Receipt Of The Application/Review Material And This Letter Ends On October 11,2005 Dear Ms. Clark: Svoboda Ecological Resources (SER)completed a wetland delineation of the above referenced site and has included a copy of the wetland delineation report for your review and consideration. Due to the seasonal nature of wetlands and local hydrological conditions, as well as to expedite our client's time schedule and minimize unnecessary expenses associated with resurveys,we would appreciate a timely review of the wetland boundaries. According to the WCA Rules Chapter 8420.0225 Subp. C, (cross reference MN Stat. Sec. 15.99) typically a decision must be made within 60 days of receiving this request for a type and boundary decision. This review window may be lengthened if the application is determined to be incomplete and the applicant is notified within 15 days of the reviewing agencies receipt of the application materials (i.e. delineation report). In such a case,the 60-day review period should begin once all necessary application materials are made available to the reviewing agency. In addition,the review period may be lengthened if the reviewing agency makes a written request for an extension,providing reasons for the extension. Ultimately, if procedures are followed as required and an agency fails to deny the request, the failure to deny constitutes an approval. Any denial of the request must be made in writing and reasons for the denial must be stated. M a Within ten days of the decision, the applicant must be notified in writing by mail of the decision. Also,in accordance with WCA Rule 8420.0240, SER and the applicant request that written technical findings be mailed to the applicant and the applicant's consultants. While not required, technical justification for any requested changes would be helpful. If it is determined that a TEP meeting is necessary, SER requests that we, and our client, are notified ten(10) days prior to the meeting. SER is also willing to coordinate the meeting if necessary. Any questions should be directed to Frank Svoboda or Daniel Tix at 952-471-1100. Sincerely, Svoboda Ecological Resources Franklin J. Svoboda,PWS, CVM Daniel Tix,Ph. D. Vice-President Wetland Ecologist Cc: Mark Gronberg, Gronberg&Associates Timothy Devine 531 -Stream laa Orono, Prepareoboda Ecolo a' ` Resource F I k Mark- & Assoc Wf4. 11 50, • � ��� t't"' • tar 'h N,, Wetlandification,,Idendag "' Y cation, PY ' ation & staking ServicesIN Prbjeet 9 , U65-309-03 o August V. h a , 2477 Shadywood Road - Excelsior,MN 55331 (952).471-1100 - (952)471-0007(Fax) SVOBODA ECOLOGICAL RESOURCES Provl&ng the Sbarper Edge in Natural Resources&Environmental Consulting August 9, 2005 Mark Gronberg Gronberg&Associates Long Lake,MN 55356 RE: SER Project Name: 531 North Stream Road SER Project No: 2005-309-03 Project Location: NE 1/of NE 1/of Section 20,T1 18N,R23W City of Orono,Hennepin County,Minnesota Project Description: Wetland Classification,Identification,Delineation, &Staking Services Dear Mr. Gronberg, As requested,Svoboda Ecological Resources(SER)visited the above referenced property on August 3, 2005 to examine the site for the presence of areas meeting wetland criteria. Criteria for determining jurisdictional wetlands are as described in the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual(1987 Manual)as required by the Minnesota Wetland Conservation Act. 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 of hydric 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 guidelines are represented by various indicators of these parameters." It is this premise by which SER staff has,in their professional judgment,delineated the wetlands on the subject parcel described in this report. 2477 Shadywood Road • Excelsior,INN 55331 (952)471-1100 • (952)471-0007 (Fax) SITE DESCRIPTION The subject parcel is approximately 2.6 acres of forest and marsh located at the intersection of North Stream Road and Spring Hill Road(see Figure 1). A cul-de-sac at the end of North Stream Road occurs along the southern edge of the property.One wetland basin lies in the western half along and drains through a tunnel under Spring Hill Road to the north and west. The forest surrounding the wetland basin contains many large cottonwood trees as well as green ash and abundant buckthorn.A small drainage swale leads into the wetland from the east.The topography of the site generally rises gently from the wetland basin in all directions.The surrounding landscape is predominately single- family homes on large wooded lots and a golf course just north of the parcel. METHODS National Wetland Inventory(NWI)maps(Figure 2),Soil Survey of Hennepin County maps(Figure 3),Minnesota Protected Waters maps(Figure 4),and 2003 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 point(s) and representative wetland sample point(s). Information obtained from the sample points can be found on the field data sheets located in Appendix A. The methods used to delineate the subject parcel are as described in the 1987 Manual, under the "routine"methods. This methodology is followed in order to assess whether the three parameters of a wetland are met for areas on the subject parcel. The three parameters required under normal circumstances in order to delineate a wetland are described below. WETLAND CHARACTERISTICS Wetland Hydrology The most important wetland criterion is the 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 are listed in Table 1 below. Excerpted from the 1987 Manual,H drolo is Zones—Nontidal Areas Zone Name Duration Comments Wetland or Not I Permanently Inundated 100% Inundation>6.6 ft.mean Not(Aquatic Habitat Zone,or Deep water depth Water Habitat) Semipermanently To Nearly <75- Inundation defined as II Permanently Inundated Or <100% 56.6 feet mean water Wetland Saturated depth III Regularl Inundated Or Wetland 2 Svoboda Ecological Resources 531 North Stream Road Project No.2005-309-03 Gronberg and Associates Saturated IV Seasonally Inundated Or <12.5- Wetland Saturated 25% Many areas having these Irregularly Inundated or >5-12Wetland(if hydrophytic veg. and hydric V Saturated .5% hydrologic characteristics soils also present are not wetlands Intermittently Or Never Areas with these VI Inundated Or Saturated <5% hydrologic characteristics Not are not wetlands 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° F air 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 3 Svoboda Ecological Resources 531 North Stream Road Project No.2005-309-03 Gronberg and Associates 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, FAC-Neutral test), of which two must be present to consider the sample point as having wetland hydrology. 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. Wetland Boundaries Wetland boundaries were marked at the site by blaze-orange"wetland boundary"flagging attached to 4-foot wooden lath.Where vegetation was dense, to assist in locating the flagged lath(wetland edge), 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 4 Svoboda Ecological Resources 531 North Stream Road Project No.2005-309-03 Gronberg and Associates About 40 lath were used to delineate this basin.The primary indicators that were used were the presence of hydrophytic vegetation,buttressed trunks,moist soil, and topography. A drainage was delineated that flows into the eastern edge of the wetland. Property boundaries were not clearly monumented in this area so the edge of the property was estimated,though the drainage continued uphill off the property. CONCLUSIONS SER examined the subject property and delineated 1 wetland that occurs within the property boundaries (Figure 5). This wetland basin is a complex of cattail marsh and forested wetland that covers much of the property.A drainage flows into the basin from the eastern portion of the property. Water drains out of the basin through a tunnel under Spring Hill Road to the north. The deepest portion of the basin is a Type 3 wetland dominated by cattails.A larger area surrounding the marsh receives less water and is dominated by a deciduous forest community,a Type 1L wetland. Please feel free to contact Dan Tix or Frank Svoboda at(952)471-1100 if you have any questions regarding the information in this report. You will be receiving a follow-up phone call in two to three weeks to see if there is anything else that is needed. SER appreciates the opportunity to assist you with this project and we look forward to serving any future needs that you may have. Sincerely, Svoboda Ecological Resources d. L- Franklin J. Svoboda, CWB,PWS Daniel Tix, Ph.D. President Wetland Ecologist 6 Svoboda Ecological Resources 531 North Stream Road Project No.2005-309-03 Gronberg and Associates DATA SOURCES Minnesota Department of Natural Resources Protected Waters Inventory Map,Hennepin County. 1984. Soil Survey of Hennepin County.April, 1976 U.S.D.A. 159 pp.plus appendices. United States Fish and Wildlife Service National Wetland Inventory Map—Excelsior Quadrangle. 1991. (Taken from May 1980 aerial photographs). USGS Quadrangle Map—Excelsior 7.5-Minute Quadrangle,Minnesota, U.S.A. 2003 Farm Service Agency Aerial Color Orthophotos.Publicly Distributed Over Minnesota DNR GIS Data Deli. 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 US.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,Michigan, 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. FIGURES L D C: ' 00'd T L 01ty ake ly A, H 2 NI- 9.94 32; —LU k X, 2 14, ID 0 -Yi 71;,�, o7-) ip Z- r 1 4 1/dr SA LV Ij no IN b A 11 14 ir�1 Voagaits C nt6 in V Approximate Site Location N 0 4,400 Overlaid on USGS Quadrangle Map E !%NNMEW Foot Approximate Property Boundary ,,1,� s 1 �.S— VOBODA 531 North Stream Road Ecological Resources Figure 1 r �' - 'i.! t Z. . - .. r ti.7Y: ,i - :' •'! Pyr 1i s.„: 11. SIC Fi 1116 sA Ilk L 1�^•4 -F •L ��I,�1 •R1•� � t�- ice' -b ad- 74, d- Pr TP • u ,fit• +f M'Y 1 � � � - •.nti 4 i' daB � x 1 11 I mommommommr��. �' y '• 1 1 . . �� ,�• ;a ��� 1\ 5 ` HaydenCL HcC2 1 Hamel T L Ha Hamel L Ha Glencne ,�,YV, �` 0• t '} t Hayden L HbD Vz `Hayden. ' :w • MC06n A 7b) $ lit Loak 7M- 6 r r ' diard � XIA a C, Ci I dL i Mn/DNR Public Waters Inventory 0 2,000 w e Faat �k4,SVOBODA Approximate Property Boundary s 531 North Stream Road ;� Ecological Resources Figure 4 .'••`7rj 1�T-4 Ate^`` 3t 4 + i �..... i 1T3-.C'F �• � �•i} , f . ,n_�'=moi, _Y•{ 1 ;��+.+.' �2 •J'. e �� "`� � � ' e ,�, _ fir.ti7.-' cY'f`�� ,� p., 'air i r •.. ° _.3 a�y '� �:-1:` �:•!:°'� e 14�T �7 Yeo. � {. � — l � `�f• :1 NEW �S t r Y I °• Y �� .. � ..�•� '6t t'�. r F _: �rN�,�p'�' ; -.�r `°t"•G. . is S , ° j +: v �. !s • Tat' ' - .� 1 „ II tT I ' n' r r- r _ h.:. - �W ,t.- � '• Jr .� ►-�s.� r �. � ; � •�' ,tea tIi3L_'��ye;••," � � i.' '�.. � Ak-_. r. r i _. r. i r Joe - a,, ; ' , , 7 ,Basin 1 a • � z i - v' �' �•��' roe''� �, i�' L �I/ PHOTO LOG - of Basin • ng the �• - southern boundary.. .'1*`.•. rte... PHOTO 2: Image of Basin I from the road along the Y~ northwesternedge. Cattails and sedges dominate in the open marsh. PHOTO 531 ad '� :� • .North • Ecoiogical Resources APPENDIX A Field Data Sheets I� SVOBODA ECOLOGICAL RESOURCES Wetlands Inventory&Delineation - Fisheries - iildlife - Natural Communities Site Namc: 531 North Stream Road Data _August 3,2005 BasinWrm: Basin 1 Sample Point ID: SP1-1 Wet Investigators: DMT Community Type: P1701A Disturbed Condition? Yes No je Nature of Disturbance: VEGETATION Dominants (>20%+basal or aerial coverage) Non-dominants Smits Stratum Indicator Status Smics Stratum Indicator Status Cornus racemosa H V S T FACW- H V S T Cornus racemosa H V S T FACW- H V S T Vitis riparia H V S T FACW- H V S T HVST HVST HVST HVST HVST HVST HVST HVST >50%of Dominants FAC or wetter? V Yes No >50%of Dominants FACW,OBL(FAC-neutral test) ✓Yes No N/A Notes: Herbaceous vegetation sparse SOILS County Soil Survey Map Unit: Glencoe/Hayden ✓ Soil Series is on National Hydric Soil List Arca mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants arc OBL and FACW and wetland boundary is abrupt Mineral Soil Organic Soil Horizon/Depth Matrix Color Texture Features* 04" 10YR 2/1 clay loam 10YR 3/4 CMD IOSM 4-18+" 1OYR 2/1 sandy clay loam IOYR 5/1 FW depletions Hydric Soil Present? V Yes No Undetermined *See last page of data sheets for abbreviations Notes: Best matches Glencoe series-hydric Primary indicators(P) Secondary indicators(S) HYDROLOGY Depth of sampling. 21 Inches Oxidized Root Channels in Upper 12 inches(S) Inundated,Depth of Water:(P) Drainage Patterns in Wetlands(P) Free water in borehole,Depth from Surface: Water-stained leaves(S) Water Marks,Elevation:(P) Local Soil Survey Data(S) Drift Lincs or Sediment Deposits(P) FAC-Neutral Test(S) Hydrology Criterion Mcr? V Yes No Other observations: No water in borehole after 1 hour;soil moist below 10 inches;buttressing and multiple trunks WETLAND DETERMINATION Is the Sample Point in Wctland? Yes V No Undetermined Distance from Delineated Edge: 8 ft. N/A Notes: Delineated based on dominant hyrophytic vegetation,topography,and moist soils SVOBODA ECOLOGICAL RESOURCES Wetlands Inventory&Delineation • Fisheries • Wildlife • Natural Communities Site Name: 531 North Stream Road Date: August 3,2005 BasinWrea. Basin 1 Sample Point ID: SP1-1 Up Investigators: DMT Community Type: Upland Disturbed Condition? Yes No Nature of Disturbance: VEGETATION Dominants (:?:20%+basal or aerial coverage) Non-dominants ec es Stratum Indicator Status becies Stratum Indicator Status Acer nezundo H V S T FAM_ H V S T Acer saccharum H V S T FACU H V S T Rhamnus cathartica H V S T FACU H V S T HVST HVST HVST HVST HVST HVST H V S T H V S T >50%of Dominants FAC or wetter? Yes ✓ No >50%of Dominants FACW,OBL(FAC-neutral test) Yes ✓ No N/A Notes: Herbaceous vegetation sparse SOILS County Soil Survey Map Unit: Glencoe/Hayden ✓ Soil Series is on National Hydric Soil List Area mapped as depression or wet spot on Soil Survey Field Observations Hydric soil assumed because plants are OBL and FACW and wetland boundary is abrupt Mineral Soil Organic Soil Horizon/Depth Matrix Color Texture Features* ("It IOYR 3/2 silt loam 4-10" 1OYR 2/1 Clay loam 2.5Y 4/2 MCD deplet;7.5YR 5/8 CMD IOSM 10-20+" 10YR 2/1 clay loam Hydric Soil Present? V Yes No Undetermined *See last page of data sheets for abbreviations Notes: Best matches Glencoe series-hydric Primary indicators(P) Secondary indicators(S) HYDROLOGY Depth of sampling: 21 Inches Oxidized Root Channels in Upper 12 inches(S) Inundated,Depth of Water.(P) Drainage Patterns in Wetlands(P) Free water in borehole,Depth from Surface: Water-stained leaves(S) Water Marks,Elevation:(P) Local Soil Survey Data(S) Drift Lines or Sediment Deposits(P) FAC-Neutral Test(S) Hydrology Criterion Met? Yes V No Other observations: No water in borehole after 1 hour WETLAND DETERMINATION Is the Sample Point in Wetland? Yes No `/ Undetermined Distance from Delineated Edge: 6 ft. N!A Notes: -A BRIEVIATIONS FOR SOIL FEATURES VF very fine F few VF ,fine F faint C common M medium D distinct M many C coarse P prominent VC very coarse IOSM Iron Oxide Soft Masses MnOSM Manganese Oxide Soft Masses ORC Oxidized Root Channels APPENDIX B Plant Indicator Status 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 67916-99%), 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. APPENDIX C Soil Series Descriptions Acquired from Natural Resource Conservation Service Website,Official Soil Series Descriptions GLENCOE SERIES The Glencoe series consists of very deep,very poorly drained soils that formed in loamy sediments from glacial till on glacial moraines.These soils have moderate or moderately slow permeability.Slopes are 0 to 1 percent.Mean annual precipitation is about 28 inches.Mean annual temperature is about 48 degrees F. TAXONOMIC CLASS:Fine-loamy,mixed,superactive,mesic Cumulic Endoaquolls TYPICAL PEDON:Glencoe clay loam with a concave slope of less than 1 percent in a depression on a ground moraine in cultivated field.(Colors are for moist soil unless otherwise noted.) Ap-0 to 10 inches;black(N 2/0)clay loam;massive;friable;about 2 percent gravel;cloddy;neutral;abrupt smooth boundary. A--10 to 24 inches;black(N 2/0)clay loam;weak fine subangular blocky structure;friable;about 2 percent gravel; neutral;clear wavy boundary.(Combined thickness of A horizon is 16 to 32 inches.) ABg--24 to 35 inches;very dark gray(5Y 3/1)clay loam;weak fine subangular blocky structure;friable;few tongues of dark olive gray(5Y 3/2)and olive gray(5Y 4/2);about 2 percent gravel;neutral;gradual irregular boundary.(0 to 26 inches thick) Bg-35 to 48 inches;olive gray(5Y 4/2)loam;moderate coarse subangular blocky structure;friable:few tongues of very dark gray(5Y 3/1);about 5 percent gravel;common fine prominent light olive brown(2.5Y 5/4)and common medium prominent strong brown(7.5YR 5/6)Fe concentrations;neutral;gradual wavy boundary.(0 to 30 inches thick) Cg--48 to 60 inches;grayish brown(2.5Y 5/2)loam;massive;friable;about 5 percent gravel;many medium distinct light olive brown(2.5Y 5/4)Fe concentrations;strongly effervescent;slightly alkaline. TYPE LOCATION: Steele County,Minnesota;about 5 miles northwest of Owatonna;2,640 feet south,2,660 feet west of the northeast corner of sec.24,T. 108 N.,R.21 W.;USGS Medford West quadrangle;lat.44 degrees 8 minutes 46 seconds N.and long.93 degrees 17 minutes 45 seconds W.,NAD27. RANGE IN CHARACTERISTICS:Depth to free carbonates is 30 to 60 inches or more.The Ap in a few pedons will have small amounts of free carbonates.The thickness of the mollic epipedon ranges from 24 to 80 inches.The control section averages between 22 and 35 percent clay and from 15 to 30 percent fine sand and coarser.Rock fragments of mixed lithology comprise 0 to 5 percent of the volume of the A and B horizons and 2 to 8 percent of the C horizon.Some pedons have an 0 horizon up to 6 inches in thickness.A stratified substratum phase is recognized with silt loam,sand,sandy loam,and loamy sand textures below 40inches. The Ap or A horizon has hue of l OYR to 5Y or neutral,value of 2 or 3,and chroma of 0 or 1.It is clay loam,silty clay loam,or loam with 25 to 35 percent clay.Ponded phases may have mucky modifiers.It is commonly neutral but ranges from slightly alkaline to slightly acid. AB horizon has colors and textures similar to the A and Bg horizons. The Bg horizon has hue of 5Y or 2.5Y,value of 2 to 5,and chroma of 1 or 2.Dark colored tongues from the A horizon range from few to common.It is loam,clay loam or silty clay loam.Near the center of some depressions, some pedons have B horizons that have a slight clay increase relative to the A horizons.It is neutral to slightly alkaline,but in some pedons the lower part of the B horizon is slightly alkaline with slight effervescence.The Bg horizon is absent in some pedons. The Cg horizon has hue of 5Y or 2.5Y,value of 4 to 6,and chroma of 1 to 4.It is loam,clay loam or silty clay loam. It is slightly alkaline,with weak or strong effervescence.Calcium carbonate segregations are present in some pedons. COMPETING SERIES:These are the Cohn Comfrey,DeM Gielow,James Canyon,Keddie.Kimmerliai Korner.McClave.Peoh,Romnell.Shandeo,and Wenas series.Coland and Comfrey soils do not have rock fragments in their control sections.In addition,Coland soils are deeper to free carbonates.Delft soils are poorly drained,are not in closed depressions,have prismatic structure in subsoil,and do not have tongues of the A horizon in the Bg horizon.Gielow,James Canyon,Keddie,Kimmerling,Konner,McClave,Peoh,and Wenas soils are drier in the soil moisture control section during the 120 days following the summer solstice.Romnell soils contain appreciable amounts of gypsum in their sola.Shandep soils do not have tongues of A horizon in the Bg horizon and have a coarse textured 2C horizon. GEOGRAPHIC SETTING:Glencoe soils typically are in closed depressions or low gradient swales within the Des Moines lobe of the Late Wisconsinan glaciation.The Glencoe soils are formed in loamy colluvial sediments and loamy glacial till.Mean annual temperature ranges from 45 to 52 degrees F.Mean annual precipitation ranges from 25 to 32 inches.The frost free days range from 124 to 172.The elevation above sea level range from 700 to 1600 feet. GEOGRAPHICALLY ASSOCIATED SOILS:These are the Canisteo.Clarion.Hares,Nicolle and Webster soils.The well drained Clarion soils are on the sloping uplands.Somewhat poorly drained Nicollet and the poorly drained Canisteo,Webster,and Harps soils are on nearly level to gently undulating slopes.All the above have mollic epipedons less than 24 inches thick In addition,the Canisteo and Harps soils contain free carbonates throughout. The Glencoe soils also are associated with the Hayden and Lester soils and their respective topographic associates in some places. DRAINAGE AND PERMEABILITY:Very poorly drained.Surface runoff is negligible.Permeability is moderate or moderately slow. USE AND VEGETATION:Mostly drained and cropped to corn and soybeans.Native vegetation was a wet site plant community of the tall grass prairie plant formation. DISTRIBUTION AND EXTENT: South-central Minnesota and possibly north-central Iowa.Large extent. MLRA OFFICE RESPONSIBLE: St.Paul,Minnesota SERIES ESTABLISHED:Dakota County,Minnesota, 1945. REMARKS: Diagnostic horizons and features recognized in this pedon are:mollic epipedon the zone from the surface to a depth of 35 inches(Ap,A,and ABg horizons);cumulic subgroup-mollic epipedon is more than 24 inches thick;aquic moisture regime-low chroma immediately below the A horizons. HAYDEN SERIES The Hayden series consists of deep well drained soils that formed in calcareous loamy glacial till on glacial moraines and till plains.These soils have moderate permeability.Their slopes range from 2 to 40 percent.Mean annual precipitation is about 28 inches,and mean annual temperature is about 46 degrees F. TAXONOMIC CLASS:Fine-loamy,mixed,superactive,mesic Glossic Hapludalfs TYPICAL PEDON:Hayden loam with a 6 percent convex slope on a terminal moraine in a deciduous forest. (Colors are for moist soil unless otherwise noted.) A-0 to 2 inches;very dark gray(I OYR 3/1)loam;weak fine granular structure;very friable;about 5 percent coarse fragments;neutral;abrupt smooth boundary.(1 to 4 inches thick) E--2 to 9 inches;dark grayish brown(1 OYR 4/2)light loam;weak thin platy structure;very friable;few very dark gray(I OYR 3/1)worm casts in upper part;about 5 percent coarse fragments;slightly acid;clear wavy boundary.(0 to 12 inches thick) BE--9 to 14 inches;brown(10YR 5/3)fine sandy loam;weak fine and medium subangular blocky structure;friable; many distinct coatings of clean sand and silt particles on faces of peds;about 5 percent coarse fragments;medium acid;clear wavy boundary.(0 to 8 inches thick) Bt1--14 to 28 inches;yellowish brown(10YR 5/4)loam;moderate fine and medium subangular blocky structure; firm;few faint coatings of clean sand and silt particles and few faint dark yellowish brown(10YR 4/4)clay films on faces of peds;about 5 percent coarse fragments;strongly acid;clear wavy boundary. Bt2--28 to 38 inches;yellowish brown(10YR 5/4)loam;moderate fine and medium prismatic structure parting to moderate fine and medium angular blocky;firm;many distinct dark yellowish brown(1 OYR 4/4)clay films on faces of peds;about 5 percent coarse fragments;few prominent black clayey fillings in root channels;strongly acid;clear wavy boundary. Bt3-38 to 43 inches;yellowish brown(10YR 5/4)loam;few fine prominent reddish brown mottles;moderate fine and medium prismatic structure;friable;few distinct dark yellowish brown(1 OYR 3/4)clay films on faces of peds; about 5 percent course fragments;slightly acid;abrupt wavy boundary.(Combined thickness of Bt horizons is 12 to 30 inches.) C-43 to 60 inches;light olive brown(2.5Y 5/4)loam;few fine faint grayish brown(2.5Y 5/2)and light olive brown (2.5Y 5/6)mottles;massive;friable;and 5 percent coarse fragments;slight effervescence;mildly alkaline. TYPE LOCATION:Rice County,Minnesota;about 4 miles north of Faribault; 1,920 feet east and 30 feet north of the southwest comer of sec. 1,T. 110 N.,R.21 W. RANGE IN CHARACTERISTICS: Solum thickness and depth to free carbonates range from 24 to 54 inches. Coarse fragments of mixed lithology comprise 2 to 8 percent of the volume of the control section. The A horizon has hue of l OYR,value of 2 or 3,and chroma of 1 or 2.The Ap horizon has value of 4 or 5 and chroma of 1 or 2 and value of 6 when dry.The E horizon has hue of l OYR,value of 4 or 5,and chroma of 1 or 2. The A and E horizons typically are loam,silt loam,sandy loam,or fine sandy loam,but include clay loam,if eroded. They are neutral to medium acid. The Bt horizon has hue of l OYR in the upper part and l OYR or 2.5Y in the lower part,value of 4 or 5,and chrome of 3 through 5.Mottles are present in the lower subhorizons in some pedons.It typically is clay loam or loam,but sandy clay loam is in parts in some pedons.The argillic horizon has 18 to 35 percent clay and 30 to 45 percent sand. It is slightly acid to strongly acid.Some pedons have a BC horizon. The C horizon has a hue of l OYR or 2.5Y,value of 4 or 5,and chroma of 3 through 6.It is loam or clay loam.It lacks mottles in some pedons.It has 15 to 25 percent calcium carbonate equivalent and is mildly or moderately alkalikne. COMPETING SERIES:These are the Amanda,Belmon Belmore.Chenaul Chili,Como i,Conestoga,Douds,. El Dara,Gellman.Grellton.Hebron.Hickory Hi G ,Hollinger.Kalamazoo.Kana h Kendallville,Kidder. Kosciusko,LeRoy"Letort,Lindley,McHenry,Mandeville.Martinsville.Miain Mi �,Nodine.Norden, ockley,Owosso,Pecatonica.Princeton, Relay,Renova,Ric hlan Riddles,Rockbridge,Roseville,Sisson, Strewn,Summitville,Teanaway,Theresa.Wawasee,Westvilleand Woodbine soils in the same family. Amanda horizon soils have more illite in the B and C horizon;Behnont soils have redder hue in the B horizon. Behnore,Chili,Kalamazoo,and Ockley soils formed in glacial outwash and have sandy or sandy-skeletal 2C horizons.Chenault soils have chert fragments in the solum and are underlaid by limestone bedrock.Coggon, Gallman,Hickory,Pecatbnica,Renova,Riddles,Summitville,and Westville soils have thicker sola.In addition, Coggon soils have low chroma mottles in part of the B2 horizon.Conestoga,Kendallville,Letort,Richland,and Rockbridge soils have more coarse fragments.Douds,El Dara,Kidder,Sisson,and Wawasee soils have less clay and more sand or silt in the lower part of the B horizon and in the C horizon.High Gap,Hollinger,Mandeville,Mifflin, Military,Norden,Roseville,Whalan,and Woodbine soils have bedrock beginning between depths of 20 and 60 inches.Grellton,Hebron,Lindley,and Rawson soils have more silt or clay or both in either the lower part of the B horizon or C horizon or both.Kanawha soils are formed in alluvium from acid shale and are in an area of higher rainfall.LeRoy and Strawn soils have thinner sola.McHenry and Miami soils have more silt or clay,or both in the upper part of the solum.Martinsville soils have redder hue in the B horizon and formed in stratified outwash or lacustrine sediments.Nodine soils have thicker sola which is more stratified and leached of free carbonates to greater depths.Owosso soils have more sand and less silt or clay in the upper part of their sola.Princeton soils formed in aeolian sediments and have stratified C horizons.Relay soils have hue of 2.5Y or 5Y in all parts of the B horizon. Teanaway soils have firm sandy clay loam C horizons with redder hue.Theresa soils formed partly in loess and have 2C horizons with 40 to 60 percent calcium carbonate. GEOGRAPHIC SETTING:Hayden soils have plane or convex slopes on gently undulating through steep glacial moraines of the Des Moines and Grantsburg sublobe of the Late Wisconsinan glaciation.Their slopes range from 2 to 40 percent and mostly are 80 to 300 feet in length.These soils formed in calcareous loamy glacial till. Montmorillonite is the dominant clay mineral in the glacial till.Mean annual temperature is 45 to 50 degrees,and mean annual precipitation is 27 to 33 inches. GEOGRAPHICALLY ASSOCIATED SOILS:These are the Ames,Dundas.Hamel,Luther,and Nessel soils which are members of a toposequence with the Hayden soils.Moderately well drained Nessel soils have plane or slightly convex slopes.Poorly drained Ames and Dundas soils have slightly concave to slightly convex slopes with gradient of less than 2 percent.Poorly drained Hamel soils are on toe slopes.Organic soils are common associates in some places. DRAINAGE AND PERMEABILITY:Well drained.Runoff is medium and rapid.Permeability is moderate. USE AND VEGETATION:Mostly cleared and cultivated to corn,soybeans,small grain,and hay.Native vegetation was deciduous forest of maple,basswood,oak,and elm. DISTRIBUTION AND EXTENT: Southeastern Minnesota and in central Iowa.Extensive. MLRA OFFICE RESPONSIBLE: St.Paul,Minnesota SERIES ESTABLISHED:Hennepin County,Minnesota, 1929. ADDITIONAL DATA:Refer to Minnesota Agricultural Experiment Station Central File Code No.967 for results of some laboratory analysis of the typical pedon. HAMEL SERIES The Hamel series consists of very deep,poorly drained and somewhat poorly drained soils that formed in slope colluvium and glacial till on moraines.These soils have moderately slow permeability. Their slopes range from 1 to 4 percent. Mean annual precipitation is about 28 inches. Mean annual air temperature is about 47 degrees F. TAXONOMIC CLASS:Fine-loamy,mixed,superactive,mesic Typic Argiaquolls TYPICAL PEDON:Hamel loam with a 2 percent concave slope on a glacial moraine in a cultivated field.(Colors are for moist soil unless otherwise noted.) Ap--O to 10 inches;black(10YR 2/1)loam,very dark brown(10YR 2/2)dry;weak very fine subangular blocky structure;friable;common very fine roots;about 1 percent gravel;neutral;abrupt smooth boundary. A-10 to 16 inches;black(10YR 2/1)loam,very dark gray(10YR 3/1)dry;weak very fine subangular blocky structure;friable;common very fine roots;about 4 percent gravel;neutral;gradual smooth boundary.(Combined thickness of A horizon is 14 to 30 inches.) AB--16 to 24 inches;very dark gray(10YR 3/1)clay loam,dark grayish brown(10YR 4/2)dry;many fine prominent brown(7.5YR 4/4)Fe concentrations;moderate fine angular blocky structure;friable;common very fine roots;about 4 percent gravel;neutral;gradual wavy boundary.(0 to 10 inches thick. Btgl--24 to 40 inches;very dark grayish brown(2.5Y 3/2)clay loam,grayish brown(1 OYR 5/2)dry;many fine prominent brown(7.5YR 4/4)Fe concentrations;moderate medium prismatic structure;friable;few black(1 OYR 2/1)clay films on faces of peds;about 5 percent gravel;neutral;gradual wavy boundary. Btg2--40 to 46 inches;dark grayish brown(2.5Y 4/2)clay loam;many coarse prominent brown(7.5YR 4/4)Fe concentrations;moderate medium subangular blocky structure;friable;few black(1 OYR 2/1)clay films on faces of peds;about 4 percent gravel;neutral;clear wavy boundary.(Combined thickness of Btg horizons is 12 to 30 inches.) Cgl--46 to 55 inches;olive gray(5Y 5/2)loam;many medium prominent yellowish brown(1 OYR 5/6)Fe concentrations;massive;friable;about 3 percent gravel;slightly effervescent;slightly alkaline;gradual wavy boundary. Cg2-55 to 80 inches;olive gray(5Y 5/2)loam;many medium prominent yellowish brown(I OYR 5/6)Fe concentrations;massive;friable;about 4 percent gravel;slightly effervescent;slightly alkaline. TYPE LOCATION:Wright County,Minnesota;about 1.5 miles southwest of Silver Creek, 1200 feet south and 2300 feet west of the northeast comer of Sec. 18,T.121 N.,R.26 W.,USGS Annandale quadrangle;lat.45 degrees 17 minutes 34 seconds N.;long.94 degrees 00 minutes 13 seconds W.,NAD27 RANGE IN CHARACTERISTICS:Depth to free carbonates range from 30 to 65 inches.The mollic epipedon thickness ranges from 24 to 60 inches.Typically the upper colluvim contains less than 2 percent gravel by volume and the lower part contains 2 to 6 percent gravel by volume of mixed lithology. The A horizons have hue of IOYR or is neutral,value of 2 or 3,and chroma of 0 to 2.Typically it is loam or clay loam,but silt loam or silty clay loam are within the range.It has coatings of clean sand and silt particles in the lower part of the A horizon in some pedons.It is moderately acid to neutral. The Btg horizon has hue of l OYR,2.5Y,or 5Y,value of 2 to 4,and chroma of 1 or 2.It is clay loam,silty clay loam high in sand,or loam.It has between 25 and 35 percent clay and 15 to 35 percent fine sand and coarser.It has B/A clay ratios of 1.2 to 1.4.It has few to many,faint to prominent clay films.It is moderately acid to neutral. The C horizon has hue of a 2.5Y or 5Y,value of 4 to 6,chrome of 1 or 2.It is loam or clay loam.It is slightly alkaline or moderately alkaline.The clay content ranges from 18 to 32 percent and the total sand content ranges from 25 to 45 percent. COMPETING SERIES:These are the Alvada.Barry,Berville,Brookston,Buntingville,aackkunas Cordova. Forestci ,Jameston,Marengo,MWZove,Navan,Nosoni.Rensselaer,and Westland soils.The Alvada series (Tentative-OH)is not in the OSD file at this time.The Barry,Berville,Brookston,Cordova,Marengo,Millgrove, Navan,Rensselaer,and Westland soils have a mollic epipedon that is less than 24 inches thick.The Buntingville soils have carbonates at depths of less than 20 inches.The Clackamas and Nosoni soils lack free carbonates in the series control section. The Forestcity soils have 45 to 65 percent sand and 10 to 18 percent clay in the underlying material.The Jamestown soils formed in a firm and very firm till associated with the Iowan Erosional surface. GEOGRAPHIC SETTING:Hamel soils have concave slopes in swales,rims of closed depressions,foot and toe slopes,and upper drainageways below sloping to very steep slopes.Slope gradients are 1 to 4 percent.Hamel soils formed in slope colluvium and glacial till of Late Wisconsinan Age.Mean annual air temperature is about 45 to 48 degrees F.Mean annual precipitation is about 25 to 30 inches.Frost free days range from 125 to 165.Elevation above sea level ranges from 700 to 1600 feet. GEOGRAPHICALLY ASSOCIATED SOILS:These are principally the Hayden and Lester soils.These soils are well drained and are on the higher lying,gently sloping to very steep slopes. DRAINAGE AND PERMEABILITY:Poorly drained and somewhat poorly drained.Surface runoff is low or moderately low.Permeability is moderately slow.The apparent seasonal high water table is at.5 to 1.5 feet for the poorly drained phase and 1.5 to 2.5 feet for the somewhat poorly drained phase during spring in normal years. USE AND VEGETATION:Most of this soil is cropped to corn,hay,soybeans,and small grains.However, significant areas are in pasture and forest.Native vegetation is mixed wet prairie grasses and deciduous forest. DISTRIBUTION AND EXTENT:Primarily in the southeast one-quarter of Minnesota in the timbered,hilly, "gray"till region.Moderately extensive. MLRA OFFICE RESPONSIBLE: St.Paul,Minnesota SERIES ESTABLISHED:Hennepin County,Minnesota, 1969. REMARKS: Diagnostic horizons and features recognized in this pedon are:mollic epipedon-the zone from the surface to a depth of 40 inches(Ap,A,AB and Btg1);argillic horizon-the zone from 24 to 46 inches(Btg1,Btg2,). Type location moved from Hennepin County,Mn.to Wright County,Mn., 11/96 to better exemplify the series concept. A somewhat poorly drained overwash phase is recognized that has 8 to 20 inches of colluvium over the original dark colored surface. ADDITIONAL DATA:Refer to MAES Central File Code No.785 for results of some laboratory analysis of this series. APPENDIX D Explanation of Cowardin and Circular 39 Wetland Classification Systems Clarification of Cowardin Classification and Circular 39 Wetland Types 1, 1L, 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 Introduction 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. 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`B"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, 1 L, 2, 3, and 7 and the appropriate Cowardin water regime modifying terms. Circular 39 Wetland Types Type 1/1L—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 floodplain.Within floodplain, flooding may occur in late fall, winter or spring. In upland contexts,basin 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 basin 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 basin 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 1 L designator to more clearly clarify the Circular 3 9 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 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 al p.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,pickerelweed,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 large 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 1 L), 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 file 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 1 L 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. Modfiier"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 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 floodplain and bottomland hardwood forests(Type 1 L)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'IF" 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. 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 ermanent) 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 Flooded/Temporary(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). Modifier"U" Unknown (No comparable Cowardin category) The water regime is not known(Santos and Gauster 1993,pg 32). Discussion Type VIL, 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 regulatoryjurisdiction 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.l, 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 hydrophitic vegetation would make those Type 1 wetlands non jurisdictional. Type 1 L—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 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. Tvae 7/Tvae M 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 I L 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 1 L 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 1/1 L 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. Literature Cited Cowardin, L.M., V. Carter, F.C. Golet, and R.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United Staets. U.S. Fish and Widlife Service,FWS/OBS-79/31. 103pp. Environmental Laboratory. 1987. 198 7 U.S.Army Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1,U.S. Army Engineer Waterways Experiment Station. Viscksburg, Mississipii. 100p+app. Minnesosta Board of Water and Soil Resources. 2002.Board of Water and Soil Resoruces Wetland Conservation Act Rules Chapter 8420. Office of Revisor of Statutes. St. Paul, Minnesota. 151pp. 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 Unitied States". U.S. Fish and Wildlife Service National Wetlands Inventory Region 3. Bloomington,Minnesota. 3 8pp. Shaw, S.P. and C. G. Fredine. 1956. Wetlands of the United States. U.S. Fish and Wildlife Service, Circular 39. 67pp.