identified as wetlands because the delineation was conducted during a wet 

 time of year, nor should wetlands be identified incorrectly as upland 

 because the delineation was conducted during normally dry times). The 

 revised Federal Manual clearly must provide the necessary flexibility to 

 perform wetlands determinations throughout the year regardless of normal 

 variations in conditions such as seasonal wetness. It is also essential that 

 the revisions to the Federal Manual not exclude obvious, long-recognized 

 wetland types that clearly satisfy the regulatory definition. 



Issue 2: Secondary Indicators of Wetlands Hydrology 



• The proposed Federal Manual identifies several secondary indicators of 

 wetlands hydrology. We are requesting comments on the technical validity 

 and usefulness of these indicators, 



• In addition, we request comments on whether or not water stained leaves, 

 trunks or stems that are grayish or blackish in appearance as a result of 

 being under water for significant periods should be included as an 

 indicator of hydrology, their reliability as indicators of hydrology during 

 the growing season, and whether they should be a primary or secondary 

 indicators. 



Issue 3: Exceptions to Requiring All Three Criteria 



• We request public comment on the listed exceptions (i.e, playa lake, 

 prairie pothole, vernal pool, pocosin, and other special wetlands that fail 

 the hydrophytic vegetation criterion such as Tamarack Bogs, White Pine 

 Bogs and Hemlock Swamps) as well as potential addidons to the list, and 

 on recommendations for identifying appropriate indicators for each 

 wetland type listed as an exception. 



Issue 4: Status of Delineations Based on the 1989 Federal Manual 



The 1989 Federal Manual will remain in effect until the revised Federal 

 Manual becomes final. Agency staff who are making wetland delineations 

 before the revised Federal Manual becomes final, will be advised to apply 

 caution in making wetland delineations that could be potentially 

 inconsistent with these proposed revisions. Any landowner whose land has 

 been delineated a wetland after the revised Federal Manual is proposed 

 but before the proposed revised Federal Manual becomes final may 

 request a new delineation following publication of the final revised 

 Federal Manual. However, final actions, such as permit issuances or 

 completed enforcement actions, already taken on wetlands delineated 



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