A Citizen's Handbook
for Wetland Protection

in the Rocky Mountain
and Northern Great Plains Regions

U. S. Environmental Protection Agency
Region Vltl
Denver, Colorado
1989
*
                     VH*

     /it*

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A Citizen's Handbook for Wetland Protection
in the Rocky Mountain and Northern Great Plains Regions

U.S. Environmental Protection Agency
Region VIII

1989
by Dr. David J. Cooper

EPA  Project Coordinator: CeCe Forget
Credits:

     Illustrations: Joan Hirschman

     Photographs:  David J. Cooper, except as noted

     Layout: Sally L White

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Table of Contents
INTRODUCTION	1

ECOLOGY OF WETLANDS  	2

TYPES OF WETLANDS   	2

WETLAND FUNCTIONS AND VALUES	6
      Water Quality Improvement                                                      6
      Fish and Wildlife Habitat                                                        7
      Aquatic Food Chain Support                                                     7
      Flood Attenuation and Storm Water Detention                                         10
      Shoreline Anchoring                                                          10
      Ground Water Recharge and Discharge                                             11
      Recreation, Education, Nature Study
      and Natural Areas                                                            11
      Summary of Wetland Functions and Values                                           11

WETLAND LOSSES	12

REGULATIONS FOR WETLAND PROTECTION	 13
      The 404 Permit Program                                                      . 13
      The Section 404 Permit Process                                                  14
      Citizen Involvement                                                           17

WETLAND PROTECTION: HOW YOU CAN BECOME INVOLVED   ............ 18

CONCLUSIONS	   ...  .21

DIRECTORY OF KEY AGENCIES   .....      	22

ADDITIONAL READINGS	25

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                                                  INTRODUCTION
Did you know that wetlands are fascinating ecosystems, critically
important for providing you with clean water? It's true. Wetlands
can remove sediment, excess nutrients such as some nitrogen
compounds, heavy metals and other pollutants, and play a key
role in maintaining high quality water. Former EPA Administrator
Lee Thomas stated that "if you don't protect wetlands you're even-
tually going to have major problems in water quality - eventually
that translates into health issues". Wetlands also benefit humans
by providing flood control and ground water recharge.

In addition, wetlands are the most important habitat for waterfowl,
fish,  and most species of mammals and birds  in the semi-arid
West.  Because water is the most important factor that limits
growth, complex ecosystems with intricate food  chains of plants
and animals occur in wetlands. Prolific biological activity  makes
wetlands among the world's most productive  and  important
ecosystems. You probably are surprised that wetlands perform all
these important functions when you may have thought that they
were wastelands.
      Natural riparian wetlands are very dynamic ecosystems.
   Many have braided channels and complex vegetation patterns.
                    Cherry Creek, Colorado.
This booklet is provided to help people living in the Rocky Moun-
tain and northern Great Plains regions understand: (1) what wet-
lands are, (2) why they are vitally important, and (3) how you can
help protect them. It describes the different types of wetlands that
occur in our region [the Environmental Protection Agency's (EPA)
Region VIII includes Colorado,  Montana, North Dakota, South
Dakota, Utah, and Wyoming], the functions which make wetlands
valuable, and government regulations affecting  wetlands. It also
suggests a number of ways that you and others can become in-
volved in wetland protection.

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2   ECOLOGY OF WETLANDS
              ECOLOGY OF WETLANDS

Wetlands are lands where the soil or substrate is at least peri-
odically saturated with water during the growing season. Wetlands
often form the transition between well-drained  uplands  and
aquatic habitats, such as streams and lakes. Soil saturation oc-
curs for a long enough period of time to create anaerobic (lack-
ing free oxygen) conditions in the soil. Only plant species adapted
to living in  anaerobic soils can survive in wetlands. Wetlands al-
ways have at least one, and usually all three, of the following
characteristics:

   (1) the water table is usually at or near the ground surface
      for at least a portion of the growing season, or there
      may be shallow standing water;

   (2) the  substrate is predominantly an undrained, wet soil
      (hydric soil) which is anaerobic in the upper part of the
      soil; and

   (3)  this soil supports vegetation dominated  by  plants
      adapted to the wetlands environment  (hydrophytes).

Federal regulatory agencies have adopted the following definition
of wetlands: "Wetlands  consist of 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 sup-
port, a prevalence of vegetation  typically  adapted for life  in
saturated soil conditions".
This definition stresses that soil saturation in the rooting zone con-
trols the types of plants and animals that can live in wetlands and
most of these species occur only in wetlands. Because the wet-
land environment  is so different from the environment  of drier
uplands, many unique processes occur such as peat formation
and water quality control.
                TYPES OF WETLANDS

Because the climate and landscape are so varied, many different
types of wetlands occur in our region. Elevation, topography, posi-
tion relative to mountain ranges, temperature, and characteristics
of the water sources vary widely across the region.

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                                                                               TYPES OF WETLANDS   3
On the glaciated prairie region of the northern Great
Plains, prairie potholes are abundant. Prairie potholes
are landscape depressions that hold surface water
temporarily, seasonally or permanently, or are fed by
ground water. Most were formed by glaciation. Prairie
potholes range in size  from less than one acre to
hundreds of acres and the size of many potholes
depends partially upon precipitation in the winter and
spring.
   High mountain wetland, Wyoming.
                                                     Prairie potholes — glaciated prairie wetlands, North Dakota.
                                                           Photo courtesy of U.S. Fish and Wildlife Service
                                                  In the high mountains, "montane" wetlands occur where
                                                  glacial erosion and deposition have created valley bot-
                                                  toms that are nearly level. Water tables in these areas are
                                                  seasonally or permanently high. Stream systems in deep-
                                                  ly incised  mountain valleys generally  have  narrow
                                                  floodplains and wetlands occur as narrow bands along
                                                  their banks. Snowmelt basins at the highest elevations
                                                  usually support extensive wetlands.

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4  TYPES OF WETLANDS
           Intermountain basin wetland, Colorado.
   Riparian wetlands occur along rivers and streams in the lower
   mountains, foothills, Great Plains and intermountain basins.
   These wetlands are distinct because the energy of moving
   water adds the dynamic aspect of erosion, sediment deposi-
   tion and seasonal flooding  that can shape and characterize
   the environment. Riparian wetlands are the only native forests
   on most of the western Great Plains and are dominated by
   species such as cottonwood and willow trees, willow shrubs,
   alder, birch, box elder and ash.
                                                            Basins  between  the  mountain ranges receive relatively  little
                                                            precipitation compared with the mountains. For example, portions
                                                            of the San Luis Valley in southern Colorado and the Bighorn Basin
                                                            of northwestern Wyoming receive an average annual total of less
                                                            than 7 inches of precipitation. However, numerous streams drain-
                                                            ing  the surrounding mountain ranges enter the basins, and the
                                                            level topography  inhibits runoff.  Ponds occur and  high water
                                                            tables extend over large areas supporting extensive wetlands.
                                                            Many National Wildlife Refuges (NWR) in the Rocky Mountain
                                                            West are intermountain basin wetlands (for example, Monte Vista
                                                            and Alamosa NWR in southern Colorado).
                                                                     Riparian wetland, Missouri River, Montana.
                                                                            Photo courtesy of Kelly Drake.

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                                                                                    TYPES OF WETLANDS  5
Wetlands also occur in urban areas of all sizes and densities.
Urban wetlands are either remnants of wetlands that existed
prior to settlement or have been formed since urbanization.
Water diverted from streams and other sources for municipal
uses, such as lawn watering, and  increased runoff from im-
pervious surfaces, such as paved streets, roofs and parking
lots may create and support wetlands.
                                                                      Urban wetland, Boulder, Colorado.

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6  WETLAND FUNCTIONS AND VALUES
       WETLAND FUNCTIONS AND VALUES
                        Wetlands not only are diverse and in-
                        teresting elements of  our Nation's
                        landscapes, they also provide a num-
                        ber of important, but often unrecog-
                        nized functions that are very valuable
                        to our  society. It  is their  functional
                        values  that make it imperative to
                        preserve them. Many of these func-
                        tions are not easily seen in action, but
                        once they are understood, wetlands
                        take on a critical new sense of value.
Water Quality Improvement

One of the most important, but unseen, wetland functions is water
quality improvement. Many wetlands occupy depressions where
runoff from higher areas is concentrated. Water spreads out and
slows down in wetlands and suspended sediment settles out.
Nutrients, toxic pollutants and other chemicals that can cause
water quality deterioration are often attached to sediment and are
removed from the water. Wetland plants also can absorb nutrients,
metals and other substances, and fix them into organic matter that
later may be stored in the soil.
In excessive amounts, nutrients such as phosphorus and nitrogen
may become pollutants by causing algae blooms. Bacterial
decomposition of algae can lead to low oxygen concentrations in
lake and stream water that can harm many forms of aquatic life.
Wetlands can remove nutrients from water before they enter the
lakes and streams.

Heavy metals,  such as  lead, zinc,  copper, cadmium and
chromium, are introduced into streams and wetlands from aban-
doned and active metal  mines, and runoff from urban, commer-
cial,  industrial  and agricultural areas.  Dissolved  metal
concentrations in 1,400 miles of Colorado waterways (7.5% of the
total of 18,500 miles of streams and rivers in Colorado) exceed
basic standards for aquatic life, agricultural use, or domestic water
supply. Many of these streams contain no aquatic life  and no
fisheries. Water passing through wetlands receives filtration that
can improve water  quality by removing some  of the  sediment,
nutrients, metals, herbicides and  pesticides.  Water  quality im-
provement benefits  aquatic life and all downstream human users
and is achieved at no cost to the public. Wetlands have been con-
structed in many areas as tertiary treatment facilities for municipal
waste water.

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                                                                        WETLAND FUNCTIONS AND VALUES    7
Fish and Wildlife Habitat

Wetlands are important fish and wildlife habitat because water
is essential for the survival of virtually all species. Wetlands provide
attractive food sources, protection from weather and predators,
resting sites, reproductive sites, and molting grounds for wildlife.

Fish, aquatic insects,  mollusks and waterfowl  (ducks, geese,
shorebirds) in particular require wetlands for survival. Many other
animals, such as amphibians, require wetlands at certain stages
in their life. Fish species, such as northern pike, yellow perch, and
bluegills, depend upon wetlands for  spawning  and  nursery
grounds. Wetlands are critical habitat for  endangered animal
         Snow geese at prairie pothole in South Dakota.
      Photograph courtesy U.S. Fish and Wildlife Service.
species such as grizzly bears in Montana and whooping cranes
and bald eagles on the Great Plains.

North Dakota, with abundant prairie pothole wetlands, is the lead-
ing duck producing state in the nation. Yet over 50 % of North
Dakota's wetlands have been drained primarily to make land avail-
able for agriculture.

Aquatic Food Chain Support


Wetlands provide vital sup-
port  for  aquatic food
chains. The  energy and
nutrients  stored  in wetland
plants  become available to
the variety of  animals in the
food chain. For  example,
leaves falling from trees be-
come  an important  food
source for aquatic insects in
streams. Large trees that fall
into streams are essential for
creating and maintaining a diversity of habitats, such as pools and
riffles within stream ecosystems. Food chains connect different
ecosystems and  the plants and  animals living in them to each
other. Food chains may tie  a forest many miles upstream to wet-
lands in another state or region.  They illustrate the interconnec-
tedness of all living organisms and their environments.
                                                                                             \v\t

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                                                                     WATER STORAGE
STREAMBANK PROTECTION
                                ACTIVE AND PASSIVE RECREATION
           FLOODWATER RETENTION
                                                                       AQUIFER RECHARGE

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                                              FISH AND WILDLIFE HABITAT
FOOD CHAIN SUPPORT
                                                    EROSION CONTROL
                      SEDIMENT AND POLLUTANT FILTERING
                             WETLAND  FUNCTIONS AND VALUES

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 10  WETLAND FUNCTIONS AND VALUES
Flood Attenuation and Storm Water Detention

Wetlands that occupy  landscape depressions and level terrain
naturally receive runoff water from uplands and overbank waters
from flooding rivers and streams. These wetlands can detain large
volumes of water, slowly releasing it to surface or ground water
providing important flood attenuation and storm water deten-
tion. Watersheds with 40 % of their land area as lakes and wet-
lands have flood peaks only 20 % as large as those in basins with
little or no wetland area.

When wetlands are filled, ditched, paved or otherwise modified,
storm water quickly runs to streams and rivers resulting in higher
flood peaks. Many streams now have higher flooding potentials
due to wetland destruction in their basin. Predicted 100-year flow
volumes for streams in urban environments have, in some areas,
more than doubled  after wetlands have been filled and large im-
pervious areas created. The importance of wetlands in flood at-
tenuation was dramatically documented during a 1982 failure of
the Lawn Lake dam in Rocky Mountain National Park, Colorado.
Approximately 29 million cubic feet of water rushed down a steep
canyon and entered Horseshoe Park, a large wetland, where the
wall of water was reduced from  22-28 feet to 10 feet in height and
the water velocity was reduced from 9 to 2 miles per hour. This
flood attenuation allowed time for warnings  to be forwarded to the
town of Estes Park, Colorado, just downstream from Horseshoe
Park, and no loss of life occurred in Estes Park.
Shoreline Anchoring

Plant roots, particularly those of shrubs, trees and mats of spread-
ing sedges, rushes and grasses, stabilize soil along streambanks
of rivers,  streams and  lakes providing important shoreline
anchoring. Shoreline erosion threatens adjacent wetlands and
uplands and their value  as high quality aquatic  and  terrestrial
wildlife habitat. This function also is of economic importance, be-
cause stream and river banks are very costly to stabilize once rapid
erosion begins.
        Shoreline anchoring by dense growth of willows
               along the Blue River, Colorado.

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                                                                     WETLAND FUNCTIONS AND VALUES   11
Ground Water Recharge and Discharge
       AQUIFER RECHARGE
Wetlands are  accumulation
areas for surface runoff water
and  may function to recharge
underground  aquifers. Ground
water aquifer recharge is of
regional  importance.  Ground
water discharge  occurs where
the water table  intersects  the
ground surface.  These seeps
and springs can  support many
diverse types of wetlands.
Recreation, Education, Nature Study
and Natural Areas

For many people, the most personal value of wetlands and ad-
jacent waterways is for recreation, education, nature study and
natural areas. Fishing, boating, bird watching, photography and
hunting provide many hours of enjoyment and pleasure for many
people. These activities are also very important to the regional
economy.  Many times wetlands are the  last portions of the
landscape to be developed or modified in the course of human set-
tlement and consequently attract wildlife and people interested in
natural history and beauty.
Wetlands have great aesthetic quality because they combine the
elements of land and water. This is  particularly  important in the
semi-arid West where water can be scarce. Usually so many dif-
ferent forms of aquatic and terrestrial, plant and  animal life occur
in wetlands that they are vital outdoor education facilities. If wet-
lands are relatively undisturbed they  provide natural laboratories
for studies by school groups and the public of all ages. Wetlands
that have interpretive centers and boardwalks to allow public ac-
cess are extremely popular.

The value of wetlands for hunting and  fishing is well-known. These
sports are not only important for human recreation, but provide im-
portant economic stability for many areas.

Summary of Wetland Functions and Values

Important wetland functions such as  water quality improvement,
erosion control through stream and lake shoreline anchoring, flood
peak reduction, essential fish and wildlife habitat, ground water
recharge and discharge,  and passive and active recreation oppor-
tunities play vital roles in many aspects of our lives.  These func-
tions are provided at no cost to taxpayers. By helping to maintain
high quality surface and ground water supplies, wetlands provide
a basic necessity for all life forms and help ensure that economic
and  recreational opportunities and  human  health are  not
diminished. Almost all activities associated with human life require
clean water.

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12  WETLAND LOSSES
                  WETLAND LOSSES
Wetland losses in our area and the entire U.S. have been substan-
tial. In North and South Dakota, prairie pothole wetlands original-
ly covered approximately 7 million acres. Today only slightly more
than 3 million acres remain. Most of this loss is due to agriculture
and irrigation and flood control projects. Many areas have been
converted to cropland, while other areas have been badly over-
grazed by livestock.

Riparian ecosystems have been so mistreated that they probably
represent the most modified land type in the West. In Colorado,
more than 90 % of the Colorado River's riparian wetlands have
been destroyed. Dam construction has severely modified  the
natural hydrologic regime of many streams  making it impossible
for many  native plant species to reproduce and  exotic plant
species such as tamarisk and Russian olive have invaded. In ad-
dition, sand and gravel mining along rivers has taken a mighty toll
of riparian wetlands, particularly near urban and industrial centers.
Wetlands in urban areas have been impacted due to  increasing
development pressure for residential housing, industry, and com-
mercial facilities.

Mountain wetlands are impacted by ski area development, road
and highway construction, water diversion projects, mining, graz-
ing and many other uses.  Land-use patterns are historical  and
complex in many instances. Cumulative impacts by a multitude of
projects are usually unforeseen, but can result in widespread wet-
land destruction.

The region cannot withstand additional losses of wetlands vital to
water quality control, flood attenuation and wildlife species. In
most instances, wetland losses can be prevented by careful plan-
ning, and the loss of wetland functions can be averted.
            Wetland loss due to road construction
           through a prairie pothole, North Dakota.

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                                                             REGULATIONS FOR WETLAND PROTECTION   13
   REGULATIONS FOR WETLAND PROTECTION

Government regulations have been developed to protect the high
quality of waters of the U.S. and to ensure that wetland functions
are maintained. With the1972 passage by Congress of the Amend-
ments to the Federal Water Pollution Control Act, which is now
called the Clean Water Act (CWA), wetlands were determined to
be waters of the United States and were given protection under
the more comprehensive CWA. The goal of the CWA is, "to re-
store and maintain the chemical, physical, and biological in-
tegrity of the Nation's waters" (33 U.S.C. 1251 (a)). This goal is
key to understanding how broad the Act is. The CWA prohibits the
discharge of pollutants into waters of the U.S. except where per-
mitted by the Act.

A knowledge of the main sections of the Clean Water Act will help
you understand how you can use the CWA to protect wetlands.
Section 301 of the Act prohibits unpermitted discharges of any pol-
lutant into waters of the United States, unless otherwise permitted
by the Act. Under this section it is illegal to discharge material into
wetlands or otherwise use wetlands to discharge wastes. There
are two main exemptions to Section 301.

   (1) Section 402 creates the National Pollutant Discharge
      Elimination System (NPDES) which requires permits for
      discharges of wastes  to waters of the United  States
      from industrial  and  sewage treatment facilities and
      similarfacilities. This permit program is generally admin-
      istered by states with oversight by the Environmental
      Protection Agency.

   (2) Section 404 provides a permit program for the dis-
      charge of dredged and fill material  into waters of the
      United States. A Section 404 permit is required for the
      discharge of dredge or fill material  into waters of the
      United States.

The 404 Permit Program

The Corps of Engineers and the Environmental Protection Agen-
cy jointly administer the  Section 404 permit program. The COE
reviews  permit applications, publishes public  notices, receives
review comments,  issues permits and provides enforcement for
illegal activities (see Section 404 Permit Process Flow Chart). The
EPA developed the Section 404(b)(1) guidelines which the COE
must use to determine the environmental impacts of a proposed
permit activity.  Section 404(c) of the CWA gives EPA veto power
over COE issued permits for filling a particular wetland when EPA
determines that it will have  an "unacceptable adverse effect" on
the environment. Other agencies also review Section 404 permits
and the public has the opportunity to comment on these permits.
The U.S. Fish and  Wildlife Service and state wildlife agencies en-
sure that possible  effects on wildlife  have been considered. The
state health or water quality agency can ensure that water quality
issues are addressed. Section 401 of the CWA provides every

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14  REGULATIONS FOR WETLAND PROTECTION
state with the right to veto a Section 404 permit if it can show
that water quality will be impaired.

The 404(b)(1) guidelines allow EPA to identify, in advance of a
permit application,  sites that are unsuitable for the disposal of
dredged or fill material.  Under the  advanced  identification
process, all wetlands in a region are mapped and a determina-
tion is made identifying those wetlands which are suitable and
unsuitable for receiving discharges  of material. Through the ad-
vanced identification process the most important  aquatic and
wetland resources in a region can be identified and preserved.

The Section 404 Permit Process

Applications for Section  404 permits  must include a detailed
description of the proposed activity, including the dimensions of
structures, fills and excavation, the purpose, need and intended
use of the proposed activity,  and the type and  quantities of
dredged or fill material to be used.

Following submittal of a  completed application to the  ap-
propriate COE  district office,  a public  notice describing  the
proposed activity is issued (usually within 15 days), and a 30 to
90 day comment period follows (see Section 404 Permit Process
Flow Chart). Public notices are posted at many federal govern-
ment offices, such as post offices in the region of the proposed
activity. To keep informed of proposed activities  that threaten
wetlands, it is necessary to determine where COE public notices
are posted in your area. Citizens can also request to receive
COE public notices.
          THE SECTION 404 PERMIT PROCESS
                  Applicant submits Form 4345 to COE
                 Application received and acknowledged
                   Application processed and public
                           notice issued
                   Application reviewed by agencies,
                  public, concerned groups and COE
                    COE receives review comments
                        COE makes decision
                                               Public hearing may
                                                    be held
    P
          Application Approved
Applicant receives permit with
special and general conditions
    L
                                                                          Permit Issued
Application Rejected


Permit Denied

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                                                                REGULATIONS FOR WETLAND PROTECTION    15
All permit applications are available to the public. However, to read
an entire permit application may require a trip to the COE District
office. The application is reviewed by the COE, the public, special
interest groups and local, state and federal agencies. All comments
are considered and a public hearing may be held if significant im-
pacts may occur and if a substantial number of individuals or agen-
cies request a hearing.

Several different types of 404 permits exist. Section 404(e) of the
Clean  Water  Act authorizes the  issuance  of nationwide and
general permits for dredge and fill activities that meet three con-
ditions:

    (1) the activities are similar in nature (e.g. a number of minor
      fillings associated with highway maintenance);

    (2) the activities will have only minimal adverse environmen-
      tal effects when performed separately; and

    (3) the activities will have only minimal cumulative adverse
      effects on the  environment.

In EPA's Region VIII, activities that will result in the filling of a wet-
land or a portion of a wetland that is less than one acre in size may
be covered under nationwide permits. However, nationwide per-
mits only cover activities that will have minimal adverse effects on
the environment. Many discharges into wetlands affect areas larger
than one acre, and/or have significant adverse effects on the  en-
vironment. These activities must be individually assessed and the
404 individual permit process provides the mechanism for  as-
sessing these effects.
Section 404(f)(1) describes a number of activities that are poten-
tially exempt from the Section 404 permit requirements. These in-
clude:

   (1) normal farming, forestry and ranching practices, except
      activities that would change wetlands in their natural
      state into a different type of use;

   (2) maintenance and emergency reconstruction activities;

   (3) construction or maintenance of farm ponds and irriga-
      tion ditches; and

   (4) construction and maintenance of farm or forest roads.

Section 404(f)(2)  however, limits the above uses to activities that
will not change the flow, circulation or reach of the waters. Activities
that will cause these types of changes are required to obtain a Sec-
tion 404 permit.

The decision on whether or not to issue a permit is based on several
criteria. First, the COE must evaluate each permit application using
the Section 404 (b)(1) guidelines. A public interest review process
occurs next and evaluates the probable impacts, including cumula-
tive impacts  of the proposed activity and its intended use on the
public interest. The review process includes consideration of fish
and wildlife values, wetlands, floodplains, local and regional  land
use policies, recreation opportunities and other factors that affect
the needs and welfare of the people. Wetland functions and values
that will be lost due to a proposed project must be weighed against
the project benefits so that the review process can be balanced.

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 16  REGULATIONS FOR WETLAND PROTECTION
Four general criteria provide guidance for regulators in determin-
ing whether a proposed project is in the public interest. These are:

   (1) the  relative extent of public and private need for the
       proposed project;

   (2) the availability and practicability of alternative sites and
       methods for the project;

   (3) the extent and permanence of public and private benefi-
       cial and detrimental effects; and

   (4) whether or not the project is "water-dependent". Water-
       dependent activities are activities which must be located
       in or close to the aquatic environment and include bridge
       crossings of streams and rivers as well as marinas on
       lakes and reservoirs.

EPA's Section 404(b)(1) guidelines require that five general condi-
tions be satisfied. No permit should be issued:

   (1) if there is a practicable alternative which would have less
       impact;

   (2) if the discharge would violate any applicable legal stand-
       ards;

   (3) if it would result in  significant degradation of the waters
       of the United States;

   (4) if the project is not water-dependent; and

   (5) unless appropriate and  practicable steps have been
       taken to minimize potential adverse effects.
A number of other federal, state and local  laws also are incor-
porated into the Section 404 permit review process. Proposed ac-
tivities that will not comply with the requirements of any of these
laws can result in denial of a permit application. These laws include:

   •  The Endangered Species Act
   .  The National Environmental Policy Act
   .  The Wild and Scenic Rivers Act
   •  The Fish and Wildlife Coordination Act
   •  The National Historic Preservation Act
   .  other federal, state and local laws and regulations.

The National Environmental  Policy Act (NEPA) requires federal
agencies to evaluate the environmental consequences of their ac-
tions, consider all feasible  alternatives, incorporate mitigating
measures into projects when  possible and involve other interested
state, federal, and local officials as well as the public. Under NEPA
every major federal action that will significantly affect the quality of
the human  environment must be evaluated  through an  Environ-
mental Impact Statement (EIS). The EIS provides an analysis of a
broad  range of possible environmental effects  by a proposed
project and compares different proposed project alternatives. The
EIS must also consider not only the immediate project impacts, but
also all reasonably foreseeable secondary and cumulative effects.
In  some situations, Section  404 permits are  considered major
federal  actions. Thus, NEPA may apply to wetland permitting
programs and an EIS may be required if a significant environmen-
tal impact is expected.

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                                                              REGULATIONS FOR WETLAND PROTECTION    17
The  Endangered  Species Act provides protection for species
whose continued existence is in jeopardy. The Act prohibits taking
of threatened  or  endangered species and  "taking"  is broadly
defined to include habitat destruction. Wetlands are critical habitat
for several endangered species, for example the whooping crane
and bald eagle. Thus, actions in waters of the U.S. which could af-
fect the known habitat of these species must be considered.
Citizen Involvement

The public review process is an essential part of the evaluation of
every Section 404 permit application and a permit can be issued
only  after notice and opportunity for public input.  In reviewing
public notices, you  should look  at  both  the  details  of  the
proposed activities and at the broader issue of potential cumula-
tive effects of these activities on the wetland resources to be im-
pacted on-site and off-site.  If your information leads you to
believe that "unacceptable adverse effects" will result, then it
is  important that you provide written comments to  the ap-
propriate COE and EPA offices regarding your concerns.

In many instances COE officials who make permit decisions are lo-
cated in  another state. Therefore, local citizens  may be  more
knowledgable about the potential cumulative effects and the effects
to  endangered species or water quality than the COE personnel.
Citizens can provide critical facts and inform the COE of im-
pacts which may result from a proposed action. Citizens can
also request that a public hearing be held if they can raise sub-
stantial issues that are not addressed by the permit applica-
tion.

The COE usually makes a decision on a permit within 60 to 90 days
following  receipt of all comments on a proposed project, but this
can be delayed if a public hearing is held or if review agencies re-
quire additional time to review the project and develop comments.
Once the COE decides to issue a permit for an activity that you feel
will have  "unacceptable adverse effects", you cannot appeal  the
decision directly to the Corps. You should first contact the EPA and
discuss your concerns with  an  appropriate official (refer to Key
Agencies on page 22). Under Section 404(c), EPA has veto power
over COE  permitting  when unacceptable adverse  effects  are
predicted to occur from a proposed activity. If EPA cannot veto the
permit, your only recourse is to file a lawsuit in federal district court.

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 18  WETLAND PROTECTION
Section 404 permits the filling of wetlands in accordance with
regulations of the Clean Water Act and in compliance with state
water quality standards. Acceptable projects receive certification
from their state under Section 401 of the Clean Water Act. Citizens
should examine state and local water quality standards to deter-
mine the direct, as well as cumulative,  impacts of the proposed
project. While a single proposed project may not have a massive
adverse impact on water quality, when a larger perspective of the
impacts of several  past projects  are  linked together with the
proposed project, the cumulative effects can be much more severe
on a regional or statewide scale.

                WETLAND  PROTECTION
        HOW YOU CAN BECOME INVOLVED

A number of different ways exist to protect wetlands and you should
choose the best options for your area. Individual citizens can play
an important role by monitoring activities in wetlands. Good ways
to become involved in wetlands protection are to learn how to iden-
tify wetlands, determine where  important wetlands occur in your
area, and learn what functions these wetlands perform, including
their value to people.

The  National Wetlands Inventory of the U.S.  Fish and Wildlife Ser-
vice  has an ongoing program for mapping wetlands throughout the
United States. Many portions of the northern  Great  Plains and
Rocky Mountain states  have already been mapped and the maps
are for sale to the public (see reference in Key Agency List). These
maps will help you learn where wetlands occur in your area. Other
references cited at the end of this handbook can help you learn
more about how to identify wetlands and about their biological,
hydrological, physical and chemical characteristics. Additional in-
formation on wetland functions may be available in documents or
reports by federal, state or local government agencies. This infor-
mation will allow you to be more informed and to provide valuable
comments on public notices for proposed Section 404 permits.

Specific wetland protection measures you can take include:

   (1) Public Comments on Section 404
      Permit Applications

      Become familiar with the Section 404 permit process and
      keep abreast of proposed dredge and fill activities in your
      area. It is critical that you provide comments to regulatory
      agencies  on the potential effects of these activities on
      your local wetlands.

   (2) Adopt-a-Wetland

      The EPA Region VIII office in Denver is taking the lead
      on generating "Adopt-A-Wetland"  programs. The
      program is based on the Kentucky model which  en-
      courages local groups to adopt a water resource and act
      as the "guardian" of that resource.  The program
      promotes individual participation and responsibility for
      natural resources. In Region VIII, the emphasis is on wet-
      land  protection. By adopting  a  wetland,  in-
      dividuals/groups make  a commitment  to protect  the
      integrity of the wetland with its many habitat and other
      values. Adopting a wetland can provide opportunities for
      recreational  and educational experiences which in-
      crease public awareness and appreciation for wetlands.

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                                                                                    WETLAND PROTECTION  19
   For example, four  7th grade science classes from a
   school in Colorado have adopted a nearby wetland. Stu-
   dents have participated in several activities that they felt
   were important, including developing and distributing a
   brochure about wetland values to their neighbors. The
   students also plan to give educational tours through the
   wetland  to teach local people about the benefits of wet-
   lands. For additional information on EPA's Adopt-A-Wet-
   land Program,  contact EPA in Denver (see list of Key
   Agencies on page 22).

(3) Education

   Destruction of  some  wetlands has  occurred  because
   people did not know that federal law regulates many ac-
   tivities in wetlands on public and private land. Also, much
   wetland  destruction has taken place because people do
   not recognize the valuable functions that wetlands per-
   form.  Education programs can minimize wetland loss
   due to ignorance.
(4) Wetland Surveys

   You can also urge your city, county and states to com-
   plete detailed wetland surveys to identify and map all wet-
   lands and to  designate wetlands with high functional
   value as priority wetlands. Cooperative efforts between
   EPA  Region VIII and local governments on "Advanced
   Identification" wetland mapping projects have been un-
   dertaken for the Jordan River drainage near Salt Lake
   City,  Utah, the City of Boulder, Colorado planning area,
   and the Cherry Creek drainage basin southeast of Den-
   ver. Other similar projects are planned. These studies
   should expand our understanding of wetlands in these
   areas and identify individual wetlands  with the highest
   functional value so that protection efforts can focus on
   these priority wetlands.

(5) Wetland Study

   Presently we know very little about most individual wet-
   lands and  a  pressing need exists for further  study.
   Studies  can be sponsored by school  science classes
   (like the Colorado schools described in "2" above), adult
   education courses and interested groups such as
   Audubon Society, Ducks Unlimited, Trout Unlimited and
   others that sponsor field trips, workshops  and classes.
   A local data base and experience is the best way to un-
   derstand wetland functions.

   This  local information  will  provide you with the best
   reasons to preserve wetlands in  your area.  Also, en-
   courage  people in  your  area  or  in the state or local
   government to conduct applied research projects aimed
   at addressing specific management questions.
 .  - • ••

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20  WETLAND PROTECTION
   (6) State Wetland Protection Laws

      Thirteen states in the U.S. have wetland protection laws,
      but no state in  EPA's Region VIII has yet developed a
      comprehensive wetland protection  law. North Dakota
      has developed  a "no net wetlands loss act" (SB 2035)
      which requires that  every acre of wetland that is filled
      must be mitigated by creating an equal area of wetlands
      elsewhere. You can discuss wetland protection with your
      elected state representatives and urge them to introduce
      appropriate legislation.  Laws enacted in Connecticut,
      Florida,  Maine,  Massachussets, Michigan, Minnesota,
      New Hampshire, New York, Oregon,  Pennsylvania,
      Rhode Island, Vermont  and Wisconsin can be used as
      models of existing state programs.

   (7) Local Wetland Regulations

      Wetland protection can  also occur at the county or city
      level of government. The City of Greenwood Village in
      Colorado has identified all wetlands within their city limits.
      City code requires that all projects proposed to occur on
      sites containing wetlands must identify the acreage of
      wetlands to be impacted and take steps to avoid these
      impacts. All unavoidable impacts must be mitigated. The
      City of Boulder, Colorado, is using the data base derived
      from their "Advanced Wetland Identification" process to
      develop a local wetland ordinance.

      Local regulations can take many forms, including desig-
      nating certain wetlands as critical wildlife habitat or as
      flood attenuation basins. Zoning has been the tool most
      commonly used by local  governments  for wetland
      protection. Important wetlands can be zoned unsuitable
      for certain types or densities of developments. Develop-
      ment can be clustered into upland portions of a site leav-
      ing wetlands as open space.
(8) Wetland Acquisition

   State and local governments can purchase critical wet-
   lands in many instances and manage them for the public
   good. Many public wetlands provide important sites for
   nature study by school groups. They also provide impor-
   tant recreational opportunities for residents and visitors.
   Purchases of critical wetlands may actually save  tax-
   payer dollars by functioning to reduce flood risk and by
   maintaining clean water.

(9) Private Land Conservation

   Individuals whose private land contains  wetlands  can
   donate the wetland area, grant conservation easements,
   or "Transfer  Development Rights" (TDR) to their  local
   government or to conservation organizations.  Conser-
   vation easements are legal in many states and they as-
   sure that the use of part or all of a property is permanently
   limited to  specific activities. Conservation  easements
   must be granted to a government agency or land trust
   that will ensure that present and future owners abide by
   the terms of the easement. Conservation easements can
   allow some residential, farming and other uses.

(10) Tax Incentives

   Significant tax incentives can be implemented to help
   preserve wetlands. In Delaware, Maryland, New Jersey,
   Rhode Island and South Carolina there is a significant
   property  tax decrease for conservation easements.
   Maryland also has a complete tax credit for 15 years fol-
   lowing establishment of a conservation  easement. In
   Oregon, a riparian tax  incentive program  for riparian
   habitat improvement allows a 25% personal state income
   tax exemption. Other creative tax incentives are also
   being tried.

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(11) Best Management Practices

   Private landowners can seek advice from professional
   wetland managers on best management practices and
   modify their land uses where necessary to ensure that
   wetlands  perform their functions to the  highest degree
   possible. Some private land owners may wish to develop
   a wildlife preserve on their property.
                                  CONCLUSIONS    21
                    CONCLUSIONS
Wetlands are vital to the functioning of the earth's ecosystems,
maintaining water quality, fish and other wildlife populations, and
nutrient cycling on a global scale. In addition, aesthetic beauty and
recreational activities are also provided by wetlands.

Wetlands in our region are of national and international importance.
For example, wetlands such as the prairie potholes in the northern
prairie region support some of the most significant populations of
waterfowl in North America.

Individuals and local and regional groups can have a tremendous
influence on wetland management once they understand the func-
tions and values of individual wetlands.  You can effect wetland
protection in your area by starting to  work with local, regional and
state governments to enact wetland protection  regulations and
policies. Most importantly, you can inform people in your region
about the values of wetlands, and the personal responsibility we all
share to protect and  preserve the balance of Nature.
                                                              Riparian wetland loss due to gravel mining along
                                                                   the Cache la Poudre River, Colorado.

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22 DIRECTORY OF KEY AGENCIES

                                    DIRECTORY OF KEY AGENCIES
ENVIRONMENTAL PROTECTION AGENCY (EPA)
 REGION VIII

Water Quality Requirements Section
One Denver Place, Suite 500
999 18th St.
Denver, CO 80202-2405       (303) 293-1570


U.S. ARMY CORPS OF ENGINEERS (COE)

Missouri River Basin

District Engineer
P.O. Box 5
Omaha, NE 86101 -0005       (402) 221 -4143

Arkansas and Rio Grande River Basins

District Engineer
Albuquerque District Corps of Engineers
Albuquerque, NM 87103-1580  (505) 766-2776

Colorado River Basin

District Engineer
Sacramento District Corps of Engineers
650 Capitol Mall
Sacramento, CA 95814        (916) 551-2260
U.S. FISH AND WILDLIFE SERVICE,
BIOLOGICAL SERVICES

Colorado
Fish and Wildlife Enhancement
529-25 1/2 Road, Suite B-113
Grand Junction, CO 81505     (303) 243-2778

Fish and Wildlife Enhancement
730 Simms Street, Suite 292
Golden, CO 80401           (303) 236-2675


Montana

Fish and Wildlife Enhancement
P.O. Box 10023
Federal Bldg., & US Courthouse
301 S. Park, Room 494
Helena, MT 59626           (406) 449-5225

Fish and Wildlife Enhancement
1501 14th Street West, Suite 230
Billings, MT 59102           (406) 657-6750

Fish and Wildlife Enhancement
HS 105D, University of Montana
Missoula, MT 59812          (406) 329-3223
                                                             North Dakota

                                                             Fish and Wildlife Enhancement
                                                             1500 Capitol Avenue
                                                             Bismarck, ND 58501          (701) 255-4011

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                                                                                  DIRECTORY OF KEY AGENCIES  23
 U.S. Fish and Wildlife, Biological Services (cont.)
South Dakota

Fish and Wildlife Enhancement
P.O. Box 986, Federal Bldg.
Room 227
225 S. Pierre
Pierre, SD 57501
(605) 224-8693
Utah
Fish and Wildlife Enhancement
2078 Admin. Bldg.
1745 W. 1700 South
Salt Lake City, UT 84104-5110   (801) 524-4430

Wyoming
Fish and Wildlife Enhancement
2120 Capitol Ave., Room 7010
Cheyenne, WY 82001
(307) 772-2372
U.S. Fish and Wildlife Service
NATIONAL WETLANDS INVENTORY
(for wetland maps)

Regional Wetlands Coordinator
Fish and Wildlife Enhancement
P.O. Box 25486, Denver Federal Center
Denver, CO 80225            (303) 236-8180
                                       STATE WILDLIFE AND
                                       NATURAL RESOURCES DEPARTMENTS

                                       Colorado
Colorado Division of Wildlife
6060 Broadway
Denver, CO 80216

Montana
                                                               (303)297-1192
Department of Fish, Wildlife and Parks
1420 East 6th Avenue
Helena, MT 59620            (406) 444-3186

North Dakota

Game and Fish Department
100 North Bismark Expressway
Bismark, ND 58501           (701) 221-6300

South Dakota
                                      Division of Game, Fish and Parks
                                      Sigurd Anderson Bldg.
                                      445 E. Capitol
                                      Pierre, SD 57501
                                       Utah

                                       Division of Wildlife Resources
                                       1596 West North Temple
                                       Salt Lake City, UT84116

                                       Wyoming

                                       Game and Fish Department
                                       5400 Bishop Boulevard
                                       Cheyenne, WY 82002
                         (605) 773-3387
                                                                                        (801)533-9333
                                                                                        (307) 777-7631

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24 DIRECTORY OF KEY AGENCIES

STATE WATER QUALITY OR HEALTH DEPART-
MENTS

Colorado

Colorado Department of Health
421OE. 11thAve.
Denver, CO  80220           (303)331-4575

Montana

Department of Health & Environmental Sciences
Water Quality Bureau
Capitol Station
Helena, MT 59601            (406) 444-2406

North Dakota

North Dakota Department of Health
1200 Missouri Ave.
Bismarck, ND 58505         (701) 224-2354

South Dakota

Department of Water & Natural Resources
Joe Foss Bldg.
Pierre, SD 57501            (605) 773-5048

Utah

Bureau of Water Quality Control
Division of Environmental Health
150 West North Temple
P.O. Box 2500
Salt Lake City, UT 84110      (801) 538-6146
Wyoming

Wyoming Department of Environmental Quality
Herschler Bldg. 4th Floor
122 W. 25th St.
Cheyenne, WY 82002         (307) 777-7075

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                                                                                                       ADDITIONAL READINGS  25
                                                  ADDITIONAL READINGS
Adamus, P.R. and others. 1987.  Wetland Evaluation Technique (WET). II.
Department of the Army, U.S. Army Corps of Engineers. (Available from: Depart-
ment of the Army, Waterways Experiment Station, Corps of Engineers, PO Box
631, Vicksburg, Mississippi, 39180-0631).

Brinson, M.M., B.L Swift, R.C. Plantico, and J.S. Barclay. 1981. Riparian Ecosys-
tems: Their Ecology and Status. U.S. Department of the Interior, Fish and
Wildlife Service, Biologial Services Program. FWS/OBS- 81/17. (Available from:
Information Transfer Center, Eastern Energy and Land Use Team, U.S. F&WS,
Route 3, Box 44, Kearneysville, WV 35430).

Eng, R.L, J.C. Peters, and D.A. Childress. 1987. Montana Wetlands: Their Dis-
tribution,  Uses,  Values,  and Future. Proceedings  of a  symposium and
workshop,  June 24 and 25, 1986, Bozeman, Montana.

Environmental Laboratory. 1987.  Corps of Engineers Wetland  Delineation
Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Sta-
tion. (Available from:  Department of the Army, Waterways Experiment Station,
Corps of Engineers, PO Box 631, Vicksburg, Mississippi, 39180-0631).

Greeson, P.E. and J.R. Clark  and J.E. Clark. 1979. Wetland Functions and
Values: The State of our Understanding. American  Water Resources Associa-
tion (AWRA). 674p. (Available  from: AWRA, 5410 Grosvenor Lane, Suite 220,
Bethesda, Maryland 20814)

Hansen, P.L, S.W. Chadde, and R.D. Pfister. 1988. Riparian Dominance  Types
of Montana. Miscellaneous Publication No. 49. 411 p. (Available from:  Montana
Riparian Association, School of Forestry, University of Montana, Missoula, Mon-
tana, 59812).

Johnson, R.R., C.D. Ziebell, D.R. Patton, P.F. Folliott, R.H. Hamre. 1985.  Riparian
Ecosystems and their Management: Reconciling Conflicting Uses. First North
American Riparian Conference. Proceedings of a symposium held April  16-18,
1985, Tucson, Arizona. USDA Forest Service General Technical Report RM-120.
(Available from- U.S. Forest Service, Rocky Mountain Forest and Range Experi-
ment Station, 240  W. Prospect  St., Fort Collins, CO 80526).
Johnson, R.R. and J.F. McCormick. 1978.  Strategies for Protection and
Management of Floodplain Wetlands and other Riparian  Ecosystems.
Proceedings of the Symposium, Dec. 11-13, 1978, Callaway Gardens, Georgia.
U.S. Dept. of Agriculture, Forest Service, General Technical Report WO-12.

Kusler, J.A.  1983. Our National Wetland Heritage: A Protection Guidebook.
The Environmental Law  Institute. (Available from: The Environmental Law In-
stitute, Suite 600, 1346 Connecticut Avenue, N.W., Washington, D.C. 20036).

Kusler, J.A., and P. Riexinger, editors. 1986.  National Wetland Assessment
Symposium. Association of State Wetlands Managers. Proceedings of a sym-
posium,  June 17-20,  1985.  (Available from: Association of State Wetland
Managers, Berne, N.Y. 12023).

Mttsch, W.J. and J.G. Gosselink. 1986. Wetlands. Van Norstrand Reinhold Com-
pany,  N.Y. 539p.

Mutz, K.M., D.J. Cooper, M.L Scotland LK. Miller (Technical Coordinators). 1988.
Restoration, Creation and Management of Wetland and Riparian Ecosystems
in the American West.  Proceedings of a symposium of the Rocky Mountain
Chapter of the Society of Wetland Scientists. 235 p. (Available from U.S. Fish and
Wildlife Service, National  Ecology Research Center, 2627 Redwing Rd., Fort Col-
lins, CO.80526-2899).

National Wetlands Newsletter. Published 6 times each year by the Environmen-
tal Law Institute. (Available from: The Environmental Law Institute, Suite 200,1616
P Street NW, Washington, D.C. 20036).

Office of Technology Assessment. 1984. Wetlands: Their Use and Regulation.
OTA-0-206, March 1984. (Available from: Superintendent of Documents,  U.S.
Government Printing Office, Washington, D.C.  20402).

Platts, W.S., and many others. 1987. Methods for Evaluating Riparian Habitats
with Applications to Management. U.S.D.A. Forest  Service.  Intermountain
Research Station. General Technical Report INT-221. 177p. (Available from: In-
termountain Research Station, 324 25th St, Ogden, Utah 84401).

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26  ADDITIONAL READINGS

Reed, P.B. 1988. National List of Plant Species that Occur in Wetlands: 1988
National Summary.  U.S. Department  of Interior,  Fish and  Wildlife Service.
Biological Report 88(24). 244p. (Available from: Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402)

Sather, J.H. and P.J. Ruta Stuber. 1984. Proceedings of the National Wetland
Values Assessment Workshop. May 23-26,1983, Alexandria,  VI.  U.S. Fish and
Wildlife Service, Western Energy and Land Use Team.  FWS/OBS-84/12. 100p.
(Available from: U.S. Department of the Interior, Washington, D.C. 20240).

Stewart, R.E. and  H.A. Kantrud. 1971.  Classification of Natural Ponds  and
Lakes in the Glaciated Prairie Region. Resource Publication 92. Bureau of Sport
Fisheries and Wildlife. Fish and Wildlife Service, U.S.  Department of the Interior.

Tiner, R. W. Jr. 1984. Wetlands of the United States: Current Status and Recent
Trends.  National Wetlands Inventory. U.S. Fish and Wildlife Service.  (Available
from: Superintendent of Documents,  U.S.  Government  Printing Office,
Washington, D.C. 20402)

Van Der Valk, A. 1989. Northern Prairie Wetlands. Iowa State  University Press.
Ames, Iowa. 400 p.

Weller, M.W. 1981. Freshwater Marshes; Ecology and Wildlife Management.
University of Minnesota Press. (Available from: University of Minnesota Press,
2037 University Avenue, S.E., Minneapolis, MN 55414).

Windell, J.T., B.E. Willard, D.J. Cooper, S.Q. Foster, C.F. Knud-Hansen, L.P. Rink,
G.N. Kiladis. 1986.  An Ecological Characterization of Rocky Mountain Mon-
tane and Subalpine Wetlands. Biological Report 86(11). (Available  from U.S.
Fish and Wildlife Service, National Ecology Center, 2627 Redwing Rd., Fort Col-
lins, CO. 80526-2899).

North Dakota Wetlands Workshop. Proceedings of a workshop held 13-15 July
1987. Published by the North Dakota State University Extension Service and the
Environmental Protection Agency. 280 p.

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