Section F. Atypical Situations
71. Methods described in this section should be used only when a determination has already been made in Section D or E that positive indicators of hydrophytic vegetation, hydric soils, and/or wetland hydrology could not be found due to effects of recent human activities or natural events. This section is applicable to delineations made in the following types of situations:
a. Unauthorized activities. Unauthorized discharges requiring enforcement actions may result in removal or covering of indicators of one or more wetland parameters. Examples include, but are not limited to: (1) alteration or removal of vegetation; (2) placement of dredged or fill material over hydric soils; and/or (3) construction of levees, drainage systems, or dams that significantly alter the area hydrology. NOTE: This section should not be used for activities that have been previously authorize3-or those that are exempted from CE regulation. For example, this section is not applicable to areas that have been drained under CE authorization or that did not require CE authorization. Some of these areas may still be wetlands, but procedures described in Section D or E must be used in these cases.
b. Natural events. Naturally occurring events may result in either creation or alteration of wetlands. For example, recent beaver dams may impound water, thereby resulting in a shift of hydrology and vegetation to wetlands. However, hydric soil indicators may not have developed due to insufficient time having passed to allow their development. Fire, avalanches, volcanic activity, and changing river courses are other examples. NOTE: It is necessary to determine whether alterations to an area have resulted in changes that are now the "normal circumstances." The relative permanence of the change and whether the area is now functioning as a wetland must be considered.
c. Man-induced wetlands. Procedures described in Subsection 4 are for use in delineating wetlands that have been purposely or incidentally created by human activities, but in which wetland indicators of one or more parameters are absent. For example, road construction may have resulted in impoundment of water in an area that previously was nonwetland, thereby effecting hydrophytic vegetation and wetland hydrology in the area. However, the area may lack hydric soil indicators. NOTE: Subsection D is not intended to bring into CE jurisdiction those manmade wetlands that are exempted under CE regulations or policy. It is also important to consider whether the man-induced changes are now the "normal circumstances" for the area. Both the relative permanence of the change and the functioning of the area as a wetland are implied.
72. When any of the three types of situations described in paragraph 71 occurs, application of methods described in Sections D and/or E will lead to the conclusion that the area is not a wetland because positive wetland indicators for at least one of the three parameters will be absent. Therefore, apply procedures described in one of the following subsections (as appropriate) to determine whether positive indicators of hydrophytic vegetation, hydric soils, and/or wetland hydrology existed prior to alteration of the area. Once these procedures have been employed, RETURN TO Section D or E to make a wetland determination. PROCEED TO the appropriate subsection.
73. Employ the following steps to determine whether hydrophytic vegetation previously occurred:
• STEP 1 - Describe the Type of Alteration. Examine the area and describe the type of alteration that occurred. Look for evidence of selective harvesting, clear cutting, bulldozing, recent conversion to agriculture, or other activities (e.g., burning, discing, or presence of buildings, dams, levees, roads, parking lots, etc.). Determine the approximate date [It is especially important to determine whether the alteration occurred prior to implementation of Section 404.] when the alteration occurred. Record observations on DATA FORM 3, and PROCEED TO STEP 2.
• STEP 2 - Describe Effects on Vegetation. Record on DATA FORM 3 a general description of how the activities (STEP 1) have affected the plant communities. Consider the following:
a. Has all or a portion of the area been cleared of vegetation?
b. Has only one layer of the plant community (e.g. trees) been removed?
c. Has selective harvesting resulted in removal of some species?
d. Has all vegetation been covered by fill, dredged material, or structures?
e. Have increased water levels resulted in the death of some individuals?
PROCEED TO STEP 3.
• STEP 3 - Determine the Type of Vegetation That Previously Occurred. Obtain all possible evidence of the type of plant communities that occurred in the area prior to alteration. Potential sources of such evidence include:
a. Aerial photography. Recent (within 5 years) aerial photography an often be used to document the type of previous vegetation. The general type of plant communities formerly present can usually be determined, and species identification is sometimes possible.
b. Onsite inspection. Many types of activities result in only partial removal of the previous plant communities, and remaining species may be indicative of hydrophytic vegetation. In other cases, plant fragments (e.g. stumps, roots) may be used to reconstruct the plant community types that occurred prior to site alteration. Sometimes, this can be determined by examining piles of debris resulting from land-clearing operations or excavation to uncover identifiable remains of the previous plant community.
c. Previous site inspections. Documented evidence from previous inspections of the area may describe the previous plant communities, particularly in cases where the area was altered after a permit application was denied.
d. Adjacent vegetation. Circumstantial evidence of the type of plant communities that previously occurred may sometimes be obtained by examining the vegetation in adjacent areas. If adjacent areas have the same topographic position, soils, and hydrology as the altered area, the plant community types on the altered area were probably similar to those of the adjacent areas.
e. SCS records. Most SCS soil surveys include a description of the plant community types associated with each soil type. If the soil type on the altered area can be determined, it may be possible to generally determine the type of plant communities that previously occurred.
f. Permit applicant. In some cases, the permit applicant may provide important information about the type of plant communities that occurred prior to alteration.
g. Public. Individuals familiar with the area may provide a good general description of the previously occurring plant communities.
h. NWI wetland maps. The NWI has developed wetland type maps for many areas. These may be useful in determining the type of plant communities that occurred prior to alteration.
To develop the strongest possible record, all of the above sources should be considered. If the plant community types that occurred prior to alteration can be determined, record them on DATA FORM 3 and also record the basis used for the determination. PROCEED TO STEP 4. If it is impossible to determine the plant community types that occurred on the area prior to alteration, a determination cannot be made using all three parameters. In such cases, the determination must be based on the other two parameters. PROCEED TO Subsection 2 or 3 if one of the other parameters has been altered, or return to the appropriate Subsection of Section D or to Section E, as appropriate.
• STEP 4 - Determine Whether Plant Community Types Constitute Hydrophytic Vegetation. Develop a list of species that previously occurred on the site (DATA FORM 3). Subject the species list to applicable indicators of hydrophytic vegetation (PART III, paragraph 35). If none of the indicators are met, the plant communities that previously occurred did not constitute hydrophytic vegetation. If hydrophytic vegetation was present and no other parameter was in question, record appropriate data on the vegetation portion of DATA FORM 3, and return to either the appropriate subsection of Section D or to Section E. If either of the other parameters was also in question, PROCEED TO Subsection 2 or 3.
74. Employ the following steps to determine whether hydric soils previously occurred:
• STEP 1 - Describe the Type of Alteration. Examine the area and describe the type of alteration that occurred. Look for evidence of:
a. Deposition of dredged or fill material or natural sedimentation. In many cases the presence of fill material will be obvious. If so, it will be necessary to dig a hole to reach the original soil (sometimes several feet deep). Fill material will usually be a different color or texture than the original soil (except when fill material has been obtained from like areas onsite). Look for decomposing vegetation between soil layers and the presence of buried organic or hydric soil layers. In accreting or recently formed sandbars in riverine situations, the soils may support hydrophytic vegetation but lack hydric soil characteristics.
b. Presence of nonwoody debris at the surface. This can only be applied in areas where the original soils do not contain rocks.
Nonwoody debris includes items such as rocks, bricks, and concrete fragments.
c. Subsurface plowing. Has the area recently been plowed below he A-horizon or to depths of greater than 10 in.?
d. Removal of surface layers, Has the surface soil layer been removed by scraping or natural landslides? Look for bare soil surfaces with exposed plant roots or scrape scars on the surface.
e. Presence of man-made structures. Are buildings, dams, levees, roads, or parking lots present?
Determine the approximate date* It is especially important to determine whether the alteration occurred prior to implementation of Section 404. when the alteration occurred. This may require checking aerial photography, examining building permits, etc. Record on DATA FORM 3, and PROCEED TO STEP 2.
• Step 2 - Describe Effects on Soils. Record on DATA FORM 3 a general description of how identified activities in STEP 1 have affected the soils. Consider the following:
a. Has the soil been buried? If so, record the depth of fill material and determine whether the original soil is intact.
b. Has the soil the original been mixed at a depth below the A-horizon or greater than 10 inches? If so, it will be necessary to examine soil at a depth immediately below the plowed zone. Record supporting evidence.
c. Has the soil been sufficiently altered to change the soil phase? Describe these changes. PROCEED TO STEP 3.
• STEP 3 - Characterize Soils That Previously Occurred. Obtain all possible evidence that may be used to characterize soils that previously occurred on the area. Consider the following potential sources of information:
a. Soil surveys. In many cases, recent soil surveys will be available. If so, determine the soil series that were mapped for the area, and compare these soil series with the list of hydric soils (Appendix D, Section 2). If all soil series are listed as hydric soils, the entire area had hydric soils prior to alteration.
b. Characterization of buried soils. When fill material has been placed over the original soil without physically disturbing the soil, examine and characterize the buried soils. To accomplish this, dig a hole through the fill material until the original soil is encountered. Determine the point at which the original soil material begins. Remove 12 inches of the original soil from the hole and look for indicators of hydric soils (PART III, paragraphs 44 and/or 45) immediately below the A-horizon or 10 inches (whichever is shallower). Record on DATA FORM 3 the color of the soil matrix, presence of an organic layer, presence of mottles or gleying, and/or presence of manganese concretions. If the original soil is motthe chroma of the soil matrix is 2 or less,* The matrix chroma must be 1 or less if no mottles are present (see paragraph 44). The soil must be moist when colors are determined., a hydric formerly present on the site. If any of these indicafound, the original soil was a hydric soil. (NOTE: fill material is a thick layer, it might be necessary to use backhoe or posthole digger to excavate the soil pit.) If USGS quadrangle maps indicate distinct variation in area topography, this procedure must be applied in each portion of the area that originally had a different surface elevation. Record findings on DATA FORM 3.
c. Characterization of plowed soils. Determine the depth to which the soil has been disturbed by plowing. Look for hydric soil characteristics (PART III, paragraphs 44 and/or 45) immediately below this depth. Record findings on DATA FORM 3.
d. Removal of surface layers. Dig a hole (Appendix D, Section 1) and determine whether the entire surface layer (A-horizon) has been removed. If so, examine the soil immediately below the top of the subsurface layer (B-horizon) for hydric soil characteristics. As an alternative, examine an undisturbed soil of the same soil series occurring in the same topographic position in an immediately adjacent area that has not been altered. Look for hydric soil indicators immediately below the A-horizon or 10 inches (whichever is shallower), and record findings on DATA FORM 3.
If sufficient data on soils that existed prior to alteration can be obtained to determine whether a hydric soil was present, PROCEED TO STEP 4. If not, a determination cannot be made using soils. Use the other parameters (Subsections 1 and 3) for the determination.
• STEP 4 - Determine Whether Hydric Soils Were Formerly Present. Examine the available data and determine whether indicators of hydric soils (PART III, paragraphs 44 and/or 45) were formerly present. If no indicators of hydric soils were found, the original soils were not hydric soils. If indicators of hydric soils were found, record the appropriate indicators on DATA FORM 3 and PROCEED TO Subsection 3 if the hydrology of the area has been significantly altered or return either to the appropriate subsection of Section D or to Section E and characterize the area hydrology.
75. Apply the following steps to determine whether wetland hydrology previously occurred:
• STEP 1 - Describe the Type of Alteration. Examine the area and describe the type of alteration that occurred. Look for evidence of:
a. Dams. Has recent construction of a dam or some natural event (e.g. beaver activity or landslide) caused the area to become increasingly wetter or drier? NOTE: This activity could have occurred a considerable distance away from the site in question.
b. Levees, dikes, and similar structures. Have levees or dikes recently been constructed that prevent the area from becoming periodically inundated by overbank flooding?
c. Ditching. Have ditches been constructed recently that cause the area to drain more rapidly following inundation?
d. Filling of channels or depressions (land-leveling). Have natural channels or depressions been recently filled?
e. Diversion of water. Has an upstream drainage pattern been altered that results in water being diverted from the area?
f. Ground-water extraction. Has prolonged and intensive pumping of ground water for irrigation or other purposes significantly lowered the water table and/or altered drainage patterns?
g. Channelization. Have feeder streams recently been channelized sufficiently to alter the frequency and/or duration of inundation?
Determine the approximate date [It is especially important to determine whether the alteration occurred prior to implementation of Section 404.] when the alteration occurred. Record observations on DATA FORM 3 and PROCEED TO STEP 2.
• STEP 2 - Describe Effects of Alteration on Area Hydrology. Record on DATA FORM 3 a general description of how the observed alteration (STEP 1) has affected the area. Consider the following:
a. Is the area more frequently or less frequently inundated than prior to alteration? To what degree and why?
b. Is the duration of inundation and soil saturation different than prior to alteration? How much different and why? PROCEED TO STEP 3.
• STEP 3 - Characterize the Hydrology That Previously Existed in the Area. Obtain all possible evidence that may be used to characterize the hydrology that previously occurred. Potential sources of information include:
a. Stream or tidal gage data. If a stream or tidal gaging station is located near the area, it may be possible to calculate elevations representing the upper limit of wetlands hydrology based on duration of inundation. Consult hydrologists from the local CE District Office for assistance. The resulting mean sea level elevation will represent the upper limit of inundation for the area in the absence of any alteration. If fill material has not been placed on the area, survey this elevation from the nearest USGS benchmark. Record elevations representing zone boundaries on DATA FORM 3. If fill material has been placed on the area, compare the calculated elevation with elevations shown on a USGS quadrangle or any other survey map that predated site alteration.
b. Field hydrologic indicators. Certain field indicators of wetland hydrology (PART III, paragraph 49) may still be present. Look for watermarks on trees or other structures, drift lines, and debris deposits. Record these on DATA FORM 3. If adjacent undisturbed areas are in the same topographic position and are similarly influenced by the same sources of inundation, look for wetland indicators in these areas.
c. Aerial photography. Examine any available aerial photography and determine whether the area was inundated at the time of the photographic mission. Consider the time of the year that the aerial photography was taken and use only photography taken during the growing season and prior to site alteration.
d. Historical records. Examine any available historical records for evidence that the area has been periodically inundated. Obtain copies of any such information and record findings on DATA FORM 3.
e. Floodplain Management Maps. Determine the previous frequency of inundation of the area from Floodplain Management Maps (if available). Record flood frequency on DATA FORM 3.
f. Public or local government officials. Contact individuals who might have knowledge that the area was periodically inundated.
If sufficient data on hydrology that existed prior to site alteration can be obtained to determine whether wetland hydrology was previously present, PROCEED TO STEP 4. If not, a determination involving hydrology cannot be made. Use other parameters (Subsections 1 and 2) for the wetland determination. Return to either the appropriate subsection of Section D or to Section E and complete the necessary data forms. PROCEED TO STEP 4 if the previous hydrology can be characterized.
• STEP 4 - Determine Whether Wetland Hydrology Previously Occurred. Examine the available data and determine whether indicators of wetland hydrology (PART III, paragraph 49) were present prior to site alteration. If no indicators of wetland hydrology were found, the original hydrology of the area was not wetland hydrology. If indicators of wetland hydrology were found, record the appropriate indicators on DATA FORM 3 and return either to the appropriate subsection of Section D or to Section E and complete the wetland determination.
76. A man-induced wetland is an area that has developed at least some characteristics of naturally occurring wetlands due to either intentional or incidental human activities. Examples of man-induced wetlands include irrigated wetlands, wetlands resulting from impoundment (e.g. reservoir shorelines), wetlands resulting from filling of formerly deepwater habitats, dredged material disposal areas, and wetlands resulting from stream channel realignment. Some man-induced wetlands may be subject to Section 404. In virtually all cases, man-induced wetlands involve a significant change in the hydrologic regime, which may either increase or decrease the wetness of the area. Although wetland indicators of all three parameters (i.e. vegetation, soils, and hydrology) may be found in some man-induced wetlands, indicators of hydric soils are usually absent. Hydric soils require long periods (hundreds of years) for development of wetness characteristics, and most man-induced wetlands have not been in existence for a sufficient period to allow development of hydric soil characteristics. Therefore, application of the multiparameter approach in making wetland determinations in man-induced wetlands must be based on the presence of hydrophytic vegetation and wetland hydrology. [Uplands that support hydrophytic vegetation due to agricultural irrigation and that have an obvious hydrologic connection to other "waters of the United States" should not be delineated as wetlands under this subsection.] There must also be documented evidence that the wetland resulted from human activities. Employ the following steps to determine whether an area consists of wetlands resulting from human activities:
• STEP I - Determine Whether the Area Represents a Potential Man-Induced Wetland. Consider the following questions:
a. Has a recent man-induced change in hydrology occurred that caused the area to become significantly wetter?
b. Has a major man-induced change in hydrology that occurred in the past caused a former deepwater aquatic habitat to become significantly drier?
c. Has man-induced stream channel realignment significantly altered the area hydrology?
d. Has the area been subjected to long-term irrigation practices? If the answer to any of the above questions is YES, document the approximate time during which the change in hydrology occurred, and PROCEED TO STEP 2. If the answer to all of the questions is NO, procedures described in Section D or E must be used.
• STEP 2 - Determine Whether a Permit Will be Needed if the Area is Found to be a Wetland. Consider the current CE regulations and policy regarding man-induced wetlands. If the type of activity resulting in the area being a potential man-induced wetland is exempted by regulation or policy, no further action is needed. If not exempt, PROCEED TO STEP 3.
• STEP 3 - Characterize the Area Vegetation, Soils, and Hydrology, Apply procedures described in Section D (routine determinations) or Section E (comprehensive determinations) to the area. Complete the appropriate data forms and PROCEED TO STEP 4.
• STEP 4 - Wetland Determination. Based on information resulting from STEP 3, determine whether the area is a wetland. When wetland indicators of all three parameters are found, the area is a wetland. When indicators of hydrophytic vegetation and wetland hydrology are found and there is documented evidence that the change in hydrology occurred so recently that soils could not have developed hydric characteristics, the area is a wetland. In such cases, it is assumed that the soils are functioning as hydric soils. CAUTION: if hydrophytic vegetation is being-maintained only because of man-induced wetland hydrology that would no longer exist if the activity (e.g. irrigation) were to be terminated, the area should not be considered a wetland.