Wetlands andNRCS Wetland Delineations

David Mabey

Soil Conservationist

Natural Resources Conservation Service

Logan, UT

Wetland Loss in the U.S.

Since the late 1700s, >50% of U.S. wetlands have been converted to other uses.

Wetland Values and Functions

Flood Flow Storage and Attenuation Recreation

Fish and Shellfish Habitat Uniqueness/Heritage

Groundwater Recharge/Discharge Wildlife Habitat

Production Export (Nutrient) Visual Quality/Aesthetics

Nutrient Removal/Transformation Educational/Scientific Value

Threatened or Endangered Species Habitat

Sediment/Toxicant/Pathogen Retention

Sediment/Shoreline Stabilization

Why Delineate Wetlands?

Help to define the limits of Federal jurisdiction, in accordance with current law, regulations, and policy

Determine the wetland area affected by a project, as a first step in impact assessment, alternatives analysis, and mitigation

Relevant Federal Statutes

Clean Water Act of 1972 and Amendments

Authorized EPA and the Corps to regulate the placement of fill in wetlands and other waters

Food Security Act of 1985 and Amendments

Authorized NRCS to make wetland determinations under the Act’s “Swampbuster” provisions

Wetland Definitions

Corps/EPA definition - for Clean Water Act Section 404 purposes:

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.

Wetland Definitions

NRCS definition - for Food Security Act “Swampbuster” purposes:

Areas that have a predominance of hydric soils and that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, except lands in Alaska identified as having a high potential for agricultural development and a predominance of permafrost soils.

What is "Swampbuster" ?

The Wetland Conservation provision (Swampbuster) of the 1985 and 1990 farm bills requires all agricultural producers to protect the wetlands on the farms they own or operate if they want to be eligible for USDA farm program benefits. Producers will not be eligible if they plant an agricultural commodity on a converted wetland that was converted by drainage, leveling, or any other means after December 23, 1985, or convert a wetland for the purpose of or to make agricultural commodity production possible after November 28, 1990.

Joint Guidance

Memorandum to the Field in 2005

http://www.nrcs.usda.gov/programs/compliance/index.html#3rd_Edition

Goal is to administer Federal wetland programs in a manner that minimizes duplication between Swampbuster and CWA

May still need both an NRCS & COE determination/delineation because of different laws

Does not always resolve differences between the NFSAM and the 1987 COE Manual

Does not always provide one-stop-shopping for wetland delineations

Agency ResponsibilitiesCOE

Determinations solely for CWA purposes

Other Waters jurisdiction

COE jurisdictional determination may/may not be valid for Food Security Act purposed.

Special language

Coordination with NRCS when both agencies are involved

Agency Responsibilities

The National Food Security Act Manual is used to make wetland determinations on disturbed sites, but COE Manual, Atypical Sites may be used to supplement NFSAM (NFSAM part 527.4)

The Corps manual is used to identify wetlands on all undisturbed sites, and may be used for areas not in annually tilled crops or where existing vegetation can be used in making hydrophytic vegetation determination

Agricultural Lands vs. Non-agricultural Lands

Ag:Lands intensively used and managed for food and fiber production. Examples are cropland, hayland and pastures, including native pastures and rangeland, orchards, vineyards, areas that support wetland crops (e.g., cranberries, taro, watercress, or rice), other lands used to produce or support the production of livestock, and small tree farms.

Non-Ag: Commercial tree farms, ag land where non-ag uses are or will be established (e.g. urban growth), and ag lands that are abandoned

Agency ResponsibilitiesNRCS

NRCS is responsible for delineating wetlands on land for participants and persons intending to become participants in USDA programs.

Based on AD-1026

Activities that make production possible

Pertains to Food Security Act Compliance for program participants

Includes a statement (see next slide) on CPA-026/map:

Coordination with COE when both agencies are involved

Statement

“This certified wetland determination/delineation has been conducted for the purpose of implementing the wetland conservation provisions of the Food Security Act of 1985. This determination/delineation may not be valid for identifying the extent of the COE’s Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters, you should request a jurisdictional determination from the local office of the COE prior to starting the work.”

Do I need to talk to NRCS or COE?

Prior Converted Cropland – PC 514.30

Prior converted croplands (PC) are wetlands that were drained, dredged, filled, leveled, or otherwise manipulated, including the removal of woody vegetation, before December 23, 1985, to make production of an agricultural commodity possible, and that (1) do not meet specific hydrologic criteria, (2) have had an agricultural commodity planted or produced at least once prior to December 23, 1985, and (3) have not since been abandoned. Activities in prior converted cropland are not regulated under Swampbuster or CWA 404.�

Farmed Wetlands – FW 514.31

Farmed wetlands (FW) are similar to prior converted cropland in that they were drained, dredged, filled, leveled, or otherwise manipulated before December 23, 1985, to make production of an agricultural commodity possible, but are often wet enough to still be valuable wetland habitat subject to Swampbuster and CWA 404. Farmed wetlands �include potholes, playas, pocosins, and other manipulated and cropped areas that meet specific hydrologic criteria.

Converted Wetland – CW or CW+year Part 514, Subpart B, 514.40,

A wetland that, after 23 December 1985, has been drained, dredged, filled, leveled, or otherwise manipulated (including the removal of woody vegetation or any activity that results in impairing or reducing the flow, circulation, or reach of water) for the purpose of, or to have the effect of, making possible the production of an agricultural commodity.

Prior Converted Cropland – PC 514.30

A converted wetland where conversion occurred prior to 23 December 1985, an agricultural commodity had been produced at least once before 23 December 1985, and as of 23 December 1985, the converted wetland did not support woody vegetation and met the following hydrologic criteria:

Inundation < 15 consecutive days during growing season or 10% of growing season, whichever is less, in most yearsIf a pothole, playa, or pocosin, ponding was < 7 consecutive days during g.s. in most years and saturation < 14 consecutive days during the g.s., in most years (50% chance or more)

May maintain or improve the manipulation as long as it doesn’t adversely impact adjacent/off-site wetlands

Manipulation

Dams

Dikes

Ditches

Diversions

Pumps

Terraces

Dredge and fill

Subsurface drains

Alteration of the hydrology and/or the removal of woody vegetation (including stems and stumps) on a wetland

Manipulation may result from:

What farming activities are exempt from �404?

Established (i.e., ongoing), normal farming activities such as: plowing, harvesting, seeding, minor drainage, cultivating

Maintenance, but not construction, of drainage ditches

Construction and maintenance of irrigation ditches

Construction and maintenance of farm or stock ponds

Construction and maintenance of farm roads, in accordance with best management practices

United States Department of Agriculture

Natural Resources Conservation Service

NRCS-CPA-026E 9/2000

HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION DETERMINATION

Name Address:

Request Date:

County:

Agency or Person Requesting Determination:

Tract No: FSA Farm No.:

Section I - Highly Erodible Land Is a soil survey now available for making a highly erodible land determination? - Are there highly erodible soil map units on this farm? -

Fields in this section have undergone a determination of whether they are highly erodible land (HEL) or not; fields for which an HEL Determination has not been completed are not listed. In order to be eligible for USDA benefits, a person must be using an approved conservation system on all HEL.

Field(s) HEL(Y/N) Sodbust(Y/N) Acres Determination Date

- - - - - - - - - -

The Highly Erodible Land determination was completed in the-Field

Section II - Wetlands Are there hydric soils on this farm? -

Fields in this section have had wetland determinations completed. See the Definition of Wetland Label Codes for additional information regarding allowable activities under the wetland conservation provisions of the Food Security Act and/or when wetland determinations are necessary to determine USDA program eligibility.

Field(s) Wetland Label*

Occurrence Year (CW)**

Acres Determination

Date Certification

Date

- - - - -

The wetland determination was completed in the - . It was - . to the person on .

Remarks:

I certify that the above determinations are correct and were conducted in accordance with policies and procedures contained in the National Food Security Act Manual.

Signature Designated Conservationist Date

Three-Parameter Test Wetland

Vegetation

Hydrology Hydric Soils

Hydrology

• Evidence of ongoing wetland conditions

Criteria for Wetland Hydrology

Corps Manual: Area is inundated or saturated to the surface

for at least 5% of the growing season in most years

Supplements: 14 or more consecutive days or a water table at 12 inches or less in growing season for at least 5 years in 10

Criteria for Wetland Hydrology

National Food Security Act Manual:Area is inundated for at least 7 consecutive days during the growing season in most years, or

Saturated at or near the surface for at least 14 consecutive days during the growing season in most years. Soils may be considered saturated if the water table is within:

0.5 ft of the surface for sands

1.0 ft of the surface for all other soils

Growing Season

The portion of the year when soil temperature (measured 20 inches below the surface) is above biological zero

(41 °F or 5 °C).

May be approximated by:

Growing Season

Period when air temperatures are above 28 °F at a frequency of 5 years in 10Data sources:

Soil survey reportsWETS tables

Hydrophytic Vegetation

• Dominated by species that are tolerant of prolonged inundation or soil saturation

Wetland Indicator Status

Indicator Status Symbol in Wetlands

Obligate wetland plants OBL > 99%Cattail, BulRush, Nebraska sedge, Water Hemlock

Facultative Wetland plants FACW 67 - 99%

Baltic Rush, Curly Dock, Poison hemlock

Facultative plants FAC 34 - 66%

Salt grass, Woods rose, Cockle bur

Facultative Upland plants FACU 1 - 33%

Quackgrass, Red/White clover, Prickly lettuce

Obligate Upland plants UPL < 1%Crested Wheatgrass, Sow thistle, Four-wing saltbush

Plant Lists

Be sure you’re using right list for your location

Using an incorrect name or a synonym

Check for synonymy in plants database: http:PLANTS.usda.gov

It is UPL and not listed

If a plant is not listed on the plant list:

Basic Rule for Hydrophytic Vegetation

More than 50% of the dominant species are OBL, FACW, or FAC

Dominance Test The “50/20 rule”: More than 50% of the

dominant plant species across all strata are rated OBL, FACW, or FAC

For each stratum in the plant community, dominant species are the most abundant plant species

1. ranked in descending order of abundance

2. cumulatively totaled until exceeds 50 percent for the stratum

3. plus any additional species that comprise 20 percent or more for the stratum.

4. Use absolute percent cover

5. If a plant is dominant in two strata, count twice

Prevalence Index or PIPI Guidelines

80% or more of total vegetation cover on the plot (summed for all strata), must be correctly identified species and have an indicator status

PI = weighted average

If PI ≤ 3.0, then veg is hydrophytic

Hydric Soils A hydric soil is a soil that formed under conditions

of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

Key Soil Properties

• Color• Organic matter• Texture• Horizonation• Drainage• Permeability

Properties that are important to hydric soil development and recognition:

Soil Color

Munsell Soil Color Book, 7.5YR page

Information Sources on the Web

Corps of Engineers Wetlands Delineation Manual

http://www.spk.usace.army.mil//organizations/cespk-co/regulatory/pdf/delineation_manual.pdf

National Food Security Act Manual

http://directives.sc.egov.usda.gov/?l=5

Then go to Manuals; Title 180 Cons. Plan. Application

Corps Headquarters, Regulatory Program

http://www.usace.army.mil/inet/functions/cw/cecwo/reg/

EPA Office of Water

http://www.epa.gov/owow/wetlands/