North Coast Chapter
P.O. Box 1067
                        Arcata, CA 95518
                        March 4, 2003

Water Docket
Environmental Protection Agency
Mailcode 4101T, 1200 Pennsylvania Ave., NW
Washington DC 20460

Attention: Docket ID No. OW-2002-0050

To Whom It May Concern:

The California Native Plant Society (CNPS) is a nonprofit
organization of nearly 10,000 amateurs and professionals
dedicated to the preservation of Californias diverse native
flora. CNPS conducts a variety of conservation efforts
focused on long-term protection and preservation of native
flora in its natural habitat. The North Coast Chapter
represents nearly 300 members in Del Norte, Humboldt, and
Trinity Counties.

CNPS is concerned that rare plants are not adequately
protected from direct or cumulative significant impacts in
the Advance Notice of Proposed Rulemaking on the Clean
Water Act Regulatory Definition of Waters of the United
States (Advance Notice) (Federal Register 68: 1991 et seq.,
January 15, 2003). Both non-listed and listed sensitive
plant species as defined by the California Environmental
Quality Act (CEQA) should be given buffer zones intended to
protect the plants from impacts, thus, if the proposal in
the Advance Notice is adopted, and wetland protection is
dramatically reduced, the resulting acceleration in wetland
loss will have considerable effects on these native plant
resources. CNPS believes that the widespread loss of
wetland habitat poses a significant threat to rare plant
populations.

The term isolated wetlands is not defined in the Advance
Notice. This omission makes it difficult to understand
which wetlands may be affected. In California there are
vernal pool habitats found throughout the state, which may
be considered non-navigable. In this habitat there are
approximately 87 non-listed and listed sensitive plant
species (citation). If this Advance Notice includes meadow
habitat and seeps there are at least 289 non-listed and
listed sensitive plant species that occur in these habitats
(citation). Wetlands provide habitat for more plants and
animals than any other habitat type (citation). In the
United States, over 35,000 rare plants and animals are
associated with wetlands (NatureServe, 2003).

We urge you not to proceed with a rulemaking to eliminate
any waters or wetlands from protection under the Clean
Water Act, to rescind the guidance included in the Notice
as Appendix A, and prepare a new Notice which clarifies and
maximizes protection for our wetlands, tributaries and
ephemeral streams.

CNPS believes that consideration of rare plant occurrences
is necessary to protect the unique flora of California. As
the foremost organization concerned with the conservation
of the California flora, we intend to ensure that proper
and lawful recognition is given to the wise management of
our unique and precious natural heritage. 

Sincerely,

Sabrina Stadler,
California Native Plant Society
North Coast Chapter

NatureServe Explorer 2003. Database Search. NatureServe,
Arlington, VA.

CNPS 2002. California Native Plant Society On-Line
Inventory of Rare and Endangered Plants. v6.111-12-02
http://www.northcoast.com/~cnps/cgi-bin/cnps/sensinv.cgi