I am a big hiker. I love to hike and I have hiked all over the United States and much of the world. There is nothing better than taking off with your backpack and a tent and spending days on the trail enjoying nature. It has given me an opportunity to get a close look at many different watersheds and wetlands. One of my husband’s favorite stories about me took place while we were hiking the Coast to Coast trail in northern England. We were picking our way up a hill through a bog, when I stepped on a patch of the bog that was not solid enough to handle my weight and I sank down to my waist. He had to pull me out all dripping wet and dirty. Vertical bog? Yes, it rains constantly in some areas. I have some cities on my smart phone weather app that no matter when I look at them, it is raining there. Maybe it’s not a hard rain, but it just rains and rains. If you want to hike in northern England and Scotland get yourself a good rain suit. You will need it. In these areas the water may runoff a little bit, but much of it just soaks into the soil and vegetative mass and forms bogs. Bogs are non-floodplain wetlands.
Other types of non-floodplain wetlands are also on hillsides. They are called slope wetlands by some people, but I’ve always known them as seeps. I see them when I’m hiking in the mountains all the time. Mostly they are small but I have seen some pretty large ones too. Just this spring I walked over boards through a seep wetland. I must have hiked about a quarter of a mile on those boards. Seeps are groundwater fed and are usually found at slope breaks, at the contact of two geological formations, or where the water table is really high.
I’ve also worked in many remote areas of the United States and around the world. I worked in South and North Dakota for awhile. While I was there I got an opportunity to drive through some of the prairie pothole areas in North Dakota and get out and take a look. It is a fascinating continental glacial terrain. Apparently those continental glaciers were huge. In places geologist estimate continental glaciers were several miles thick. That’s a lot of ice. And a lot is going on with those continental glaciers. They move, although very slowly. They are grinding up the countryside underneath them and pushing it in front of them. They have channels of water running through them and on top of them. They spread out and then retreat leaving frozen blocks of ice behind in unsorted glacial silt, sand and gravel. The continental glaciers that covered large parts of the northern mid-west left an interesting terrain. There are broad mounds of glacial gumbo called moraines that run for miles. There are long sinuous ridges of well sorted glacial sands and gravels called eskers. There are symmetric and asymmetric depressions containing water called kettles. And the whole area is covered by several hundred feet of poorly draining glacial till. Many of these glacial terrains are characterized by non-floodplain wetlands, including what are called prairie potholes.
There are a lot of different kinds of non floodplain wetlands and EPA describes them in laborious detail in their report “Connectivity of Streams and Wetlands to Downstream Waters.” They describe non-floodplain wetlands which are simply topographic depressions and may or may not have surface water inlets or outlets, such as: kettles, potholes, vernal pools, playa lakes and Carolina bays. They describe a host of slope or seep wetlands including something called a fen. I actually had to look this one up in the dictionary. Fens are kind of like bogs but not as acidic so they support a lot of diverse vegetation. And further, EPA describes mineral soil flat wetlands which include relic lake bottoms, peat bogs, and the like. In other words there are a ton of different kinds of non-floodplain wetlands.
In my last post I discussed the findings of the Environmental Protection Agency’s (EPA) scientific assessment of the connection of floodplain wetlands to downstream waters. Today’s post looks at the connection between non-floodplain wetlands and downstream waters. This is the fourth in a series of posts which review the EPA’s report: “Connectivity of Streams and Wetlands to Downstream Waters.” EPA’s report is an assessment of the scientific literature published in peer review journals which present research on interactions within watersheds that affect “waters of the United States.” The report is the scientific support for the Clean Water Rule. If you have read the other posts in this series, you will know the Clean Water Rule, which was issued in the summer of 2015, defines “waters of the United States” under the Clean Water Act. The Clean Water Act allows regulation of the “waters of the United States” but never wholly defines it. As a result there have been various interpretations by regulators on what is covered as “waters of the United States”, which in turn have caused a lot of surprise for a few people who have filled in wetland areas and then received federal violations under the Clean Water Act. Some of these surprises have ended up in the legal system and a few over the years have wound their way up to the Supreme Court. The Court has not been in the mood to define “waters of the United States” and why should they? It is really not their job. So EPA who has the responsibility for writing regulation and rules under the Clean Water Act took on the challenge.
EPA’s report “Connectivity of Streams and Wetlands to Downstream Waters” looks at the physical, chemical and biological connection of streams, floodplain wetlands and non-floodplain wetlands to determine if there is a “significant nexus” to downstream waters of the United States. “Significant nexus” are the words the Supreme Court used to tell EPA a connection must be established between wetlands and a river if wetlands are to be regulated as waters of the United States under the Clean Water Act. Establishing a clear connection between the hugely different and diverse types of non-floodplain wetlands to downstream waters using the scientific literature was probably EPA’s Waterloo for the Clean Water Rule. As the report describes it, in the case of non-floodplain wetlands, there can be a range of connectivity. The connection can be permanent, but it can also be occasional or rare. The connection can be by channels intersecting the wetlands and downstream waters or through groundwater flow. Sometimes the wetlands are connected to downstream waters only through connection to other wetlands. And sometimes non-floodplain wetlands are completely isolated and have no connection to downstream waters.
But where there are connections, even when the connection is only occasional or rare, the connection can have a significant impact to downstream waters. EPA cited one study in Maine that showed non-floodplain seep wetlands were providing 40 to 80 percent of baseflow in downstream waters. Another study EPA cites is on vernal pools in California. Vernal pools are usually dry; they only fill up during heavy rain months or when there is a lot of snowmelt. The study showed that water from the pools spilled into downstream channels 60 percent of the time water filled the vernal pools. A study of Carolina bays showed there were intermittent seasonal surface water connections to streams when water tables were high in the spring and fall. A study of depressional wetlands on the Texas Gulf coast showed there were connections to downstream waterways through surface runoff. There’s even a study showing prairie potholes can be connected temporarily to other potholes through surface water flow during really wet years.
Similar to floodplain wetlands, non-floodplain wetlands help reduce flooding in downstream rivers and streams. Surface flow from snowmelt or large rain events is caught and “stored” by non-floodplain wetlands, but not in all cases. EPA cites several studies where non-floodplain wetlands in permafrost areas and seep wetlands provide no storage of water. And even where non-floodplain wetlands are directly connected to downstream waters if the wetland is already saturated, then there is no ability for it to retain further moisture and reduce downstream flooding.
And just like floodplain wetlands, non-floodplain wetlands have the ability to remove and transform nitrogen and phosphorus. Even if the non-floodplain wetland is not connected to downstream waters, the vegetation in wetlands are busy slurping up nutrients for growth and energy, micro flora and fauna are breaking down organic material, and sediment from surrounding areas is piling up. If the non-floodplain wetland is connected to downstream waters than all the same benefits provided by floodplain wetlands in reducing nitrogen and phosphorous runoff into streams and rivers applies. If the non-floodplain wetland isn’t connected to downstream rivers and streams, well guess what, the benefit is still there. Non-floodplain wetlands are reducing overland run-off, full of nitrogen and phosphorous, which would eventually end up in rivers and stream. EPA cited one very interesting study that found some depressional wetlands absorbed two times as much phosphorous as floodplain wetlands.
And what are the bugs and frogs up to? All sorts of flying insects that you find in floodplain wetlands are breeding in the non-floodplain wetlands too: mayflies, caddisflies, diving beetles, backswimmers, whirligig beetles, waterstriders, waterboatmen, crane flies and midges. If you are a fly fisherman you probably know these bugs. So unconnected wetlands are still providing food for fish. EPA says the use of frogs of non-floodplain wetlands and their connection to populations of frogs downstream is well documented in the scientific literature. Also apparently is the connection for alligators. I guess if you fly or hop or crawl or walk, you don’t have to worry about a triviality like running water.
In the end EPA made some observations based on their findings about non-floodplain wetlands and I would like to quote them but in the interest of brevity, for which most scientists are not famous, I’m going to summarize it. Basically non-floodplain wetlands (as we’ve seen in this post) are extremely diverse and even if you think a wetland is isolated it might not be (just because it looks that way on a map or satellite image doesn’t mean it is isolated if data quality of the image isn’t good or if the view is obscured by vegetation); and some non-floodplain wetland complexes could have a connection to downstream waters through channels even if individual non floodplain wetlands within the complex are isolated. So to wrap it up, EPA kind of said: it’s complicated.
And unfortunately it is complicated. In college I was taught about the hydrosphere and the hydrologic cycle. Water precipitates from the sky, it falls on the ground, and it runs off into wetlands, streams and rivers which in turn run into the ocean. Or rainwater soaks into the earth and becomes groundwater which is stored in an aquifer or moves slowly through the rock and discharges into a seep or a stream or a river. Water evaporates from wetlands, streams, rivers and oceans and form clouds. Then it starts all over again as it rains once more. So loosely, you might say every drop of water connects with every other drop of water in some way. Trying to disconnect all that water through defining the “waters of the United States” is obviously a challenge.
Just an update for those of you who have been following the legal battle on the Clean Water Rule. Last week on October 9, 2015, the Sixth Circuit Court of Appeals in Cincinnati, Ohio issued a nationwide stay in the implementation of the Clean Water Rule. You may remember the Clean Water Rule was effective back on August 28, 2015 and that a North Dakota Court similarly blocked implementation of the Rule almost immediately afterward. This earlier injunction was only applied to the 13 states that were plaintiffs in that case. So 18 other states petitioned the Sixth Circuit Court of Appeals to block implementation of the Clean Water Rule nationwide while challenges to the Rule wind their way through the legal system. I read the Sixth Court’s decision and was particularly pleased to see the following statement which acknowledges the science and expertise EPA brought to the task of writing the Clean Water Rule:
“Given that the definitions of “navigable waters” and “waters of the United States” have been clouded by uncertainty, in spite of (or exacerbated by) a series of Supreme Court decisions over the last thirty years, we appreciate the need for the new Rule. See Rapanos, 547 U.S. 715; Solid Waste Agency of N. Cook Cty. v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001); United States v. Riverside Bayview Homes, Inc., 474 U.S. 121(1985). In one sense, the clarification that the new Rule strives to achieve is long overdue. We also accept that respondent agencies have conscientiously endeavored, within their technical expertise and experience, and based on reliable peer-reviewed science, to promulgate new standards to protect water quality that conform to the Supreme Court’s guidance. Yet, the sheer breadth of the ripple effects caused by the Rule’s definitional changes counsels strongly in favor of maintaining the status quo for the time being.”