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DNREC Comments - PLUS Review 2020-11-05
DNREC Comments - PLUS Review 2020-11-05
* Note - The yellow highlighted paragraph above from DNREC's report refers to this.
Why is this important?
Why is this important?
From the DNREC report above, we can surmise that changes in the definition of Waters of the US (WOTUS) in 2020 resulted in the lesser definition of wetlands. The three sentences below are copied from the proposed Revised Definition of “Waters of the United States”:
In 2020, however, the agencies issued a rule, called the “Navigable Waters Protection Rule” (NWPR), which substantially departed from prior rules defining “waters of the United States.”
Following a federal district court decision vacating the NWPR on August 30, 2021, the agencies halted implementation of the NWPR and began interpreting “waters of the United States” consistent with the pre-2015 regulatory regime.
In 2016, NWI developed a more comprehensive dataset (NWI Version 2) that is inclusive of all surface water features in addition to wetlands. The agencies can use this dataset to help assess potential hydrologic connectivity between waterways and wetlands in support of jurisdictional decisions. For example, the NWI Version 2 dataset can be used in part to help the agencies identify wetlands that do not meet the definition of adjacent (“other waters”). This NWI Version 2 dataset provides more complete geospatial data on surface waters and wetlands than has been available in the past and provides a more efficient means to make determinations of flow and water movement in surface water basins and channels, as well as in wetlands.
The comment period on this revision will end on 2/7/2022.
The impact on Coral Lakes:
The impact on Coral Lakes:
The U.S. Fish and Wildlife's National Wetlands Inventory map shows 8 separate pockets of wetlands in a total of 56.67 acres - More details below
The 2019 application shows 30 acres of wetlands
The 2020 application shows 4.85 acres of wetlands
The wetland maps for 2019 and 2020 are practically the same. Only the wetland acreages have changed from 30 acres to 4.87 acres.
National Wetlands Inventory - by U.S. Fish and Wildlife Service
National Wetlands Inventory - by U.S. Fish and Wildlife Service
The following is the wetland Inventory map of the whole parcel. Regardless of the wetland definition that was changed in 2020, the wet areas are still wet.
Each pocket of wet areas is described in detail below in 8 parts.
1 - 16.96 acre Freshwater Forested/Shrub Wetland
2 - 1.61 acre Freshwater Forested/Shrub Wetland
3 - 27.63 acre Freshwater Forested/Shrub Wetland
4 - 2.94 acre Freshwater Forested/Shrub Wetland
5 - 1.41 acre Freshwater Forested/Shrub Wetland
6 - 0.81 acre Freshwater Forested/Shrub Wetland
7 - 2.03 acre Freshwater Forested/Shrub Wetland
8 - 3.28 acre Freshwater Forested/Shrub Wetland
--------- Total - 56.67 Acres
Classification code: PFO1/4C
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Split Subclass Needle-Leaved Evergreen (4) : The dominant species in Needle-leaved Evergreen wetlands are young or stunted trees such as black spruce or pond pine.
Water Regime Seasonally Flooded (C) : Surface water is present for extended periods especially early in the growing season, but is absent by the end of the growing season in most years. The water table after flooding ceases is variable, extending from saturated to the surface to a water table well below the ground surface.
For more information on wetland classification codes click here.
This 16.96 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1/4C.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017.
This 1.61 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1B. For a complete code description, click here.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
Classification code: PFO1B
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Water Regime Seasonally Saturated (B) : The substrate is saturated at or near the surface for extended periods during the growing season, but unsaturated conditions prevail by the end of the season in most years. Surface water is typically absent, but may occur for a few days after heavy rain and upland runoff.
For more information on wetland classification codes click here.
Classification code: PFO1/4B
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Split Subclass Needle-Leaved Evergreen (4) : The dominant species in Needle-leaved Evergreen wetlands are young or stunted trees such as black spruce or pond pine.
Water Regime Seasonally Saturated (B) : The substrate is saturated at or near the surface for extended periods during the growing season, but unsaturated conditions prevail by the end of the season in most years. Surface water is typically absent, but may occur for a few days after heavy rain and upland runoff.
For more information on wetland classification codes click here.
This 27.63 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1/4B.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
This 2.94 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1C. For a complete code description, click here.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
Classification code: PFO1C
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Water Regime Seasonally Flooded (C) : Surface water is present for extended periods especially early in the growing season, but is absent by the end of the growing season in most years. The water table after flooding ceases is variable, extending from saturated to the surface to a water table well below the ground surface.
For more information on wetland classification codes click here.
Classification code: PFO1/4B
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Split Subclass Needle-Leaved Evergreen (4) : The dominant species in Needle-leaved Evergreen wetlands are young or stunted trees such as black spruce or pond pine.
Water Regime Seasonally Saturated (B) : The substrate is saturated at or near the surface for extended periods during the growing season, but unsaturated conditions prevail by the end of the season in most years. Surface water is typically absent, but may occur for a few days after heavy rain and upland runoff.
For more information on wetland classification codes click here.
This 1.41 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1/4B. For a complete code description, click here.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
This 0.81 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1B. For a complete code description, click here.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
Classification code: PFO1B
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Water Regime Seasonally Saturated (B) : The substrate is saturated at or near the surface for extended periods during the growing season, but unsaturated conditions prevail by the end of the season in most years. Surface water is typically absent, but may occur for a few days after heavy rain and upland runoff.
For more information on wetland classification codes click here.
Classification code: PFO4/1B
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Needle-Leaved Evergreen (4) : The dominant species in Needle-leaved Evergreen wetlands are young or stunted trees such as black spruce or pond pine.
Split Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Water Regime Seasonally Saturated (B) : The substrate is saturated at or near the surface for extended periods during the growing season, but unsaturated conditions prevail by the end of the season in most years. Surface water is typically absent, but may occur for a few days after heavy rain and upland runoff.
For more information on wetland classification codes click here.
This 2.03 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO4/1B. For a complete code description, click here.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
This 3.28 acre Freshwater Forested/Shrub Wetland habitat is classified as a PFO1B. For a complete code description, click here.
The wetlands and deepwater habitats in this area were photo interpreted using 1 meter (or less) digital, color infrared imagery from 2017. Click here for project specific mapping conventions and information.
Classification code: PFO1B
System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt.
Class Forested (FO) : Characterized by woody vegetation that is 6 m tall or taller.
Subclass Broad-Leaved Deciduous (1) : Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
Water Regime Seasonally Saturated (B) : The substrate is saturated at or near the surface for extended periods during the growing season, but unsaturated conditions prevail by the end of the season in most years. Surface water is typically absent, but may occur for a few days after heavy rain and upland runoff.
For more information on wetland classification codes click here.
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