[From the U.S. Government Printing Office, www.gpo.gov]
MANAGEMENTPLANS FOR SIGNIFICANT PLANT AND WILDLIFE MARYLAND HABITAT AREAS NATURAL OF MARYLAND9S HERITAGE WESTERN SHORE: PROGRAM ST. MARY"S COUNTY Prepared by Katharine A. McCarthy Judith L Robertson Richard R Wiegand J. Christopher Ludwig Helonles bulleta .,@qENT OF SWAMP PINK QH 76.2 -M3 go j. M43 1988 MANAGEMENT PLANS FOR SIGNIFICANT PLANT AND WILDLIFE HABITAT AREAS OF MARYLAND'S WESTERN SHORE: ST. MARY'S COUNTY FINAL REPORT SUBMITTED TO: Coastal Resources Division Tidewater Administration SUBMITTED BY: Katharine A. McCarthy Judith L. Robertson Richard H. Wiegand J. Christopher Ludwig Maryland Natural Heritage Program Forest, Park and Wildlife Service Department of Natural Resources December 31, 1988 Preparation of this report was partially funded by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration MANAGEMENT PLANS FOR SIGNIFICANT PLANT AND WILDLIFE HABITAT AREAS OF MARYLAND'S WESTERN SHORE: ST. MARY'S COUNTY TABLE OF CONTENTS. INTRODUCTION ................................................. 1 SECTION 1: Procedures of site selection, methods of protection implementation, and the long-term framework established by this project Introduction ..................................... 3 Site Identification .............................. 3 Field Inventory .................................. 5 Strategy for Selecting Significant Sites ......... 5 Site Protection Implementation Methods ........... 6 Long-Term Framework .............................. 9 SECTION 2: Protection Area Summaries Introduction ..................................... 10 County Map ....................................... 12 Protection Area Summaries Church Swamp .................................. 14 Mill Creek Pond ............................... 17 REFERENCES ................................................... 20 APPENDIX A: Regulations under COMAR 08.03.08 Threatened and Endangered Species VS Department of Commerce FOAA coastal Scrviccs Center Library South Hobson Avenue C-Zleston, SC 29405-2413 INTRODUCTION In 1986 this project was initiated by the Coastal Resources Division of the Department of Natural Resources' Tidewater Administration. The task was designed to develop the information base and to determine the management mechanisms needed to implement an alternative approach to the State Critical Area Program for addressing the Federal Coastal Zone Management Act's requirement to designate Geographic Areas of Particular Concern (GAPC) and Areas for Preservation and Restoration (APR). Under the GAPC requirements, coastal states are to inventory and develop management measures to protect the integrity of "areas of unique, scarce, fragile or vulnerable natural habitat" and "areas of high natural productivity or essential habitat for living resources, including fish, wildlife, and endangered species and the various trophic levels in the food web critical to their well-being." Under the APR requirement, coastal states are to include in their Coastal Zone Management Programs "provisions for procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological or aesthetic values." This project covers the Coastal Plain Counties of Maryland excluding land within the Chesapeake Bay Critical Area. To accomplish this task, a contract was awarded to the Maryland Natural Heritage Program, 4 division of the Forest, Park and Wildlife Service. The mission of the Natural Heritage Program is to identify and help preserve the biological and ecological diversity of Maryland. Since 1979, this program has been devoted to the collection of information about the State's rare, threatened, and endangered species and habitats. The program's extensive data base provided the basis for the identification of outstanding habitat examples on Maryland's Eastern and Western Shores. By January 1987, the Coastal Resources Division and the Maryland Natural Heritage Program established specific objectives to accomplish the first phase of this project. These objectives were: 1. identify criteria for the selection of significant plant and wildlife habitat areas; 2. undertake field inventory of areas identified in existinq studies and data files of the Maryland Natural Heritage Program that are likely to be of ecological significance, in order to identify species and habitats associated with each site; 3. undertake field inventory of potentially significant habitats not previously identified in the database of the Maryland Natural Heritage Program in order to determine if rare species or habitats are associated with these sites; 4. determine threats to each area and determine management mechanisms for protecting the integrity of these areas; 5. determine protection boundaries for each site including needed buffer areas; and 6. collect other locational information needed in order to implement management mechanisms for each site. These objectives combine to produce a protection package in which significant habitats (referred to as areas or sites) are assigned management mechanisms within a designated boundary. In accordance with the Natural Heritage Program's methodology, this area is then labeled a protection area. In December 1987, the Natural Heritage Program reported on protection areas identified on Maryland's Eastern Shore from Kent County south. With financial assistance from the Coastal Resources Division, Baltimore and Harford Counties hired personnel in 1987 and 1988 to identify protection areas in their counties. In 1988, Prince Georges County funded a staff member (with financial assistance from the Coastal Resources Division) to identify protection areas on private property. Therefore, the Natural Heritage Program did not include Baltimore and Harford counties in its survey and report of protection areas on the Western Shore, and focused only on public land in Prince Georges County. Section 1 of this report provides a detailed description of the project methodology, scope of work, and the long-term framework established through the project. Section 2 provides Protection Area Summaries for significant habitat areas which have been identified. The Protection Area Summary contains information needed for site protection. A selection of applicable references follows Section 2. Appendix A contains a copy of the Department of Natural Resource's Regulations [COMAR 08.03.08] concerning the State's Threatened and Endangered Species. 2 SECTION 1 Procedures of Site Selection, Methods of Protection Implementation, and the Long-term Framework Established by this Project INTRODUCTION: This section provides all technical information on the project procedures from the planning stages, when habitat areas were selected for field survey, through the site visit, to the selection of the site for protection. Following this information, the report presents methods of implementing protection for selected sites. Finally, the long-term framework established by this project is discussed. SITE IDENTIFICATION: Sites identified for inventory were located throughout the Coastal Plain Counties excluding the Chesapeake Bay Critical Area. Significant plant and wildlife habitats were identified from the following categories of sites employing the methods described for each type. 1. Sites potentially inhabited by State Endangered or Threatened Species. Methods: Data concerning the habitat, phenology, and taxonomy of each listed species were gathered from regional floristic surveys and scientific literature. Sites were located by using the habitat data in conjunction with National Wetland Inventory maps, aerial infrared photographs, and county soil surveys. These sites were surveyed when the rare species potentially inhabiting the sites could be identified accurately. 2. Sites with historical occurrences (reported prior to 1980) of species determined to be rare by the Natural Heritage Program and found in their publication, Threatened and Endangered Plants and Animals of Maryland (Norden et al., 1984). Methods: For each species, data were gathered concerning habitat, phenology, and taxonomy. Many of the historical records provided only general locations for rare species. For these records, 3 more specific locations for survey were selected based upon habitat data supplemented by National Wetland Inventory maps, aerial infrared photographs, and county soil surveys. The field staff surveyed sites when the rare species could be accurately identified if found. 3. Non-tidal wetlands. Methods: National Wetland Inventory maps and aerial infrared photographs were used to locate non-tidal wetlands. Particular attention was given to wetlands in State Parks, Forests and Wildlife Management Areas. Based upon the findings of "The Functional Assessment of Non- tidal Wetlands," a report completed for the Coastal Resources Division by the Maryland Natural Heritage Program (Bartgis 1986), these wetlands were assigned priorities for survey. High and intermediate priority wetlands listed below were candidates for intensive survey. a. Non-tidal Wetland Complex, i.e., two or more contiguous wetland communities with one of the following traits: i. For complexes under 10 acres, presence of at least two wetland communities; ii. For 10- to 100-acre complexes, presence of at least four wetland communities; or iii. For complexes greater than 100 acres, presence of at least six communities. b. Seasonal Ponds: wetlands occurring mainly on Pocomoke soils in centripetally-drained, seasonally flooded basins dominated by Walter's Sedge or Twigrush. C. Bogs: highly acidic wetlands characterized by highly organic soils and/or sphagnum. d. Palustrine Forested Deciduous Wetlands (PF01) with at least one of the following characteristics: i. seeps ii. Vernal pools iii. Well-developed stratification 4 e. Palustrine Forested Evergreen Wetlands (PF04) dominated by Bald Cypress or Atlantic White Cedar. FIELD INVENTORY: Observations and data were collected in the field concerning the general character of each site, the degree of unnatural disturbance, and, if present, the condition of the rare species populations. Prior to surveying sites on private land, permission was obtained from landowners. First, the natural features of each site were described, noting the dominant vegetation, aquatic features, physical relief, and natural disturbances (such as insect defoliation or trees felled by high winds). A list of the common plant species was developed and unique communities were identified and mapped. When rare species were found, the size and extent of their populations were estimated. Staff members also estimated the proportion of the population that was flowering and fruiting, and marked the population on the general map of the site. The microhabitats of the rare species were described. If a population was large, voucher specimens of the rare species were collected and deposited with the Natural Heritage Program. Small populations of rare species were photographed for verification. If rare species were absent from historical locations, the habitat was assessed to determine if it could still support the species or if the habitat had been altered such that the species could no longer survive. Finally, the habitat integrity of each site was assessed. Staff members recorded unnatural disturbances and their current and potential future effects on the habitat. For example, the presence of ditches in non-tidal wetlands was reported, and the effects of the ditches on wetland hydrology and vegetation were reviewed. Threats to the integrity of the habitat were discussed. Current and potential future uses of surrounding land were considered. In light of these threats, staff members recommended management activities intended to maintain the habitat and sustain the populations of rare species. STRATEGY FOR SELECTING SIGNIFICANT SITES: The selection of ecologically significant sites for protection was based on the following criteria which were assessed during the field inventory: 5 1. Site contains species that are considered by the Maryland Natural Heritage Program as Rare, Threatened or Endangered in Maryland (see Norden, et al, 1984). Many of these species are listed in the revised Department of Natural Resource's Regulations under COMAR 08.03.08. 2. Site contains one or more rare or ecologically unique natural communities. 3. overall ecologic integrity of the site is high. Unnatural disturbances must be minimal or must be such that their effects simulate natural forces of disturbance. 4. Human-induced threats which could lead to the loss of the rare species or habitat(s) must be minimal. 5. Regulation and monitoring must be feasible so that activities (both on-site and nearby) can be limited to those that do not negatively impact the rare species and natural habitat(s). Required buffer zones must be available to ensure site protection. 6. Ecologic, scenic, or historic values other than those related to rare species and habitat protection may be present. SITE PROTECTION IMPLEMENTATION METHODS: Protection may be implemented in a variety of ways depending upon ecological significance of the site, type of ownership (public vs. private), seriousness of threats, degree of management required, and landowner preference. The various options confer varying degrees of protection security and of landowner control. They range from designations that afford no legal protection to acquisition by a conservation organization. The following list describes the available options and the degree of protection that they provide. Because the significance and consequences of each mechanism vary, some sites may be protected by a combination of methods. Natural area protection may be accomplished by several types of organizations. Federal, State, and local governments (at the County as well as the municipal levels) have specific tools and mechanisms by which they may set aside or regulate land for conservation purposes. In addition, there are private organizations that can either protect lands on their own or 6 facilitate the efforts of the public sector. Many of the protection mechanisms listed below may be implemented by any of the aforementioned conservation organizations, while others may only be available to certain agencies or organizations. The following methods afford protection to rare species habitat by outlining and assigning management responsibilities to a particular party: 1. Voluntary management agreement - landowner informally agrees to protect the rare species and habitat by not disturbing the site. 2. Registration - landowner signs a written, nonbinding agreement with the State's Department of Natural Resources, a county government, The Nature Conservancy, or another private conservation organization, officially recognizing the ecological significance of the site. Management needs are outlined and the landowner agrees to perform specified tasks to protect rare species and habitat. 3. Legally binding protection agreement landowner enters a legally binding management agreement or leases the land to a conservation organization for management purposes. conservation easements granted by the Maryland Environmental Trust, local government, and other private trusts (including The Nature Conservancy) impose certain land-use restrictions while conferring tax benefits to the landowner. 4. Zoning - the site may be zoned or rezoned as a conservation area in which land-use is restricted. Development may be highly regulated or prohibited. Such protection is usually accomplished on a county level through local ordinances. 5. Bequest or Right of First Refusal - landowner agrees to will land or give right of first refusal for acquisition to a State, county, or private conservation organization at some undetermined time in the future. 6. Acquisition - landowner conveys property to a conservation organization or public agency. The transfer may be a donation, a bargain sale (i.e., below market value) or a fee simple (i.e., full market value) transaction. The first two types of transaction confer tax benefits to the landowner. All rights to the land belong to the buyer and 7 management is directed toward the protection of rare species and habitat(s). In some cases, acquisition may occur with the retention of a life estate for the owner. This allows the landowner to continue to live on and have restricted use of the property until death, at which time the buyer obtains full control. The following methods are designations which afford no current protection but which serve to acknowledge the ecological significance of a site and which may be used to stimulate further protection efforts: 1. National Registry of Natural Landmarks - land which is determined to be a nationally significant example of the Nation's natural heritage may be designated a National Natural Landmark by the Secretary of the Interior. 2. Sensitive Management Areas - land within the State Park System which is considered in need of special protection because of its unique and fragile physiography, flora, and fauna may be designated a "Sensitive Management Area" and is reserved for only those activities compatible with preservation. 3. Maryland Wildlands Preservation System - land which has retained its wilderness character or which has rare species or similar features of interest worthy of preservation for use of present and future residents of the State may be termed "wildland.11 4. Natural Heritage Area - land which meets all three of the criteria listed in the revised Regulations under COMAR 08.03.08 Threatened and Endangered Species may be designated a Natural Heritage Area subject to the approval of the Secretary of Natural Resources. Information provided in the Protection Area Summaries of this report is used to assess the degree of protection needed. 8 LONG-TERM FRAMEWORK: This project provides a foundation for tasks to begin in 1989. These tasks, described below, involve the further identification and protection of significant habitats within the coastal zone. In 1989 the focus of this project will be the protection of significant habitats identified in 1987 and 1988. Efforts were initiated in 1988 to protect significant habitats imminently threatened by development or other human-induced habitat alterations. These efforts will be expanded in 1989 to include additional significant habitats of highest priority for protection. Substantial effort will be required to protect each site, and this task should continue into the 1990s. Next year the methodology developed in this project will be used to continue to identify significant plant and wildlife habitats in the Coastal Plain of Maryland. Protection Area Summaries identical in format to those prepared in 1987 and 1988 will be completed for significant habitats. These sites will be candidates for protection within the framework of this project. 9 SECTION 2 Protection Area Summaries INTRODUCTION: The remainder of this report contains site-specific protection information for all selected areas. Each of these areas is reviewed in a Protection Area Summary (PAS) that describes the protection area, its values, and its protection needs. The PAS is composed of several parts, each of which is discussed below. Format and content are best understood with the insight provided in this section. Protection Area Name - An identifying name has been assigned to each protection area. This is usually based on the site's location and/or habitat type. County - The county in which the protection area is located is given. USGS Ouad(s) - Identifies the United States Geological Survey topographic map(s) on which the protection area occurs. SUMMARY OF ECOLOGICAL SIGNIFICANCE - States the major reasons for protecting the site. The features of greatest ecological significance are described, such as the presence of rare species or unique habitat. OTHER SIGNIFICANCE AND VALUES - This section describes other important aspects of the protection area. The value of the protection area to wildlife and for ecosystem maintenance may be discussed. In setting aside rare species habitat (which includes additional buffer land), a safe haven is provided for wildlife and for the perpetuation of the natural processes that sustain the ecosystem. Many of the proposed protection areas are adjacent to or part of designated management areas. They may overlap with or abut State Forests or Parks, State Scenic Rivers, Natural Heritage Areas or Nature Conservancy preserves. By increasing the size and/or protection of these areas, their ecologic and scenic values may be enhanced. THREATS AND MANAGEMENT NEEDS - Both potential and current threats to the rare species or to the natural habitat are described. These are generally related to human-induced habitat alterations, such as forest cutting, hydrologic alteration, vehicular traffic, or powerline maintenance practices. In some cases, however, 10 there are natural threats such as insect infestation or natural succession. Specific management recommendations are then given. Voluntary management agreements are often suggested. In some cases, monitoring of rare species populations is recommended. Such studies are needed in order to learn more about the demographics and ecological requirements of the rare plants and to provide warnings of serious population declines. BOUNDARY RECOMMENDATIONS - The proposed protection area is delineated by a line termed the protection area boundary. The habitats to be included within this boundary are described and the reasons for their inclusion are given. within this boundary the threats listed in the previous section should be avoided to protect the significant habitat and rare species. Land within the Chesapeake Bay Critical Area is not included within the boundaries of the protection areas. Within the protection area boundary, a buffer has been placed around the core rare species habitat. This zone consists of adjacent land needed to protect the critical habitat from the impacts of land use in surrounding areas. When the critical habitat is a wetland, lands which drain into it are included as buffer. Surrounding forest may be designated for many reasons. These include maintaining canopy cover to prevent the invasion of weedy or non-native species, stabilizing soils to prevent sedimentation of waterways, filtering out chemicals or excess nutrientsf and maintaining hydrology. The delineation of buffers varies depending on the type of habitat, surrounding land use, habitat requirements of the rare species, local hydrology, and possible future threats. Reasonable and effective buffers were determined after careful consideration of these factors. Maps (with a scale of 1:24000) and additional information concerning boundary locations are available from the Natural Heritage Program. SITE DESCRIPTION SUMMARY - Finally, a general description of the protection area is given. Each natural community is discussed and its relationship to surrounding communities is described. Often the hydrologic regime of the community and the range of seasonal variability of water table depth are provided. Dominant trees, shrubs, and herbaceous plants are listed. Note: Common names for species are used throughout the Protection Area Summary except when no common name is available. When a specific species is named, the common name is capitalized. 11 ST. MARY'S COUNTY Charlotte I each 0-s -8 3 2 ui@ H lie .New7rke 1 5 3 236 Mechanics\Alle er. Sanagates 3 Budds Creek P7,2 ", fle FT'771 2 It PQne Helen ChaQtt 0 238 Vorga'z 6 oint Loveville 3 11R2 Hclmyo-o-o P/@ P ,;Macdox 'o C'emenis 34 13 238 1@ )viaro .2451 E 2 eonaratown ia Cedar Pt. [T T f2:::4@2 PATUXE VA Sri 0 '-sT &'@P' 2 --T " "@Ooc 43 [email protected] 1@111E 4 1TEST GENTE 239 2;, LEXINGT PARK _p - 4237 k e q oc I- I ,- %'ARY S PIVER D.int 520 4770 Compton S@ VG T AIEA 4 712 - 24 2'@ e vue ;edgat 71 anville A, " . Her Abell i i 13re . ..... '2 2 776 Callawa ' G Parkk 2 2 ",,eat ollon- 244 3ills H a) I Point 249 5 THE ELMS '; WMk @ EME, FS is 0 SrSTArEPAPK Talley Lee St @%Iarys Uty @@ 3 '' t5 2Dravde C -I, F2:@3@51 Tall Timbers Dameron nigoes Pine, oint. SA Point No Pt. 249 /R Deep Pt. St Georg 2 @sland Kitts ynne pit ST4 rF PAAK P r L COKO,j r Cornfield Pt. Point Lookout SCALE 2 MILES 20 KILOMETERS Locations of Protection Areas of significant habitat. 174 VA ST@5 P.4 H d" Sites are numbered in order from north to south. (See page 13 for Protection Area names corresponding to numbers given above.) ST. MARY'S COUNTY: Protection Area Locations site # on Protection Area County Map Church Swamp ............................... 2 Mill Creek Pond ............................ 1 site # on County Map Protection Area 1 ............................ Mill Creek Pond 2 ............................... Church Swamp 13 PROTECTION AREA SUMMARY Protection Area Name: Church Swamp County: St. Mary's USGS Quad: Rock Point SUMMARY OF ECOLOGICAL SIGNIFICANCE: This large wetland includes a swamp forest and a well- drained, bottomland woods. Areas that remain saturated throughout the year are intermixed with areas that are only seasonally flooded. Isolated stands of mature hardwood forest, with scattered large, old trees, are present in several locations throughout the swamp. Five plant species that are rare in Maryland occur in relative abundance, especially in the northwest section of the wetland. Three of the rare species are known from fewer than eight sites in the State, and none of these populations is currently protected. Due to drainage, logging, and development, mature bottomland forests are uncommon on the Western Shore. This protection area includes fine examples of this habitat. OTHER VALUES AND SIGNIFICANCE: The deciduous swamp and bottomland hardwood forests provide excellent habitat for forest interior dwelling birds, reptiles, and amphibians. Additional rare plant species are likely to be found upon further field survey of this area. THREATS AND MANAGEMENT NEEDS: Threats Logging poses the most immediate threat to this site. Much of the northwestern section of the swamp is already being harvested. Heavy machinery is rutting the wetland soils, changing the drainage patterns, and crushing rare plants. Cutting the trees opens the canopy, disturbs the soil, and promotes the influx of non-native, weedy plant species. These adverse factors could eliminate the rare species from this protection area. Any hydrological disturbance, whether it be from logging, ditching, or road construction, would be deleterious to the swamp forest and its rare species. This wetland is relatively flat, and hydrological changes in the surrounding land will influence the hydrology of this swamp. Hydrological changes that alter the length of flooding will change the composition of the swamp 14 forest and may eliminate the rare plants. Upstream disturbance could cause excessive siltation and reduce the water quality in the swamp. Management Needs ongoing logging in the northwest portion of the protection area should be halted. Logging or clearing of the forest should not be conducted within the.protection area. Activities that would alter the hydrology of wetlands in the protection area should not be conducted. Plans for ditching, draining, or damming in the surrounding area should be reviewed to determine possible adverse effects on the protection area. Plans should be designed to prevent hydrological changes in the protection area. Plans for road construction or improvement, especially when road side ditching is involved, should be reviewed to ascertain impacts on the protection area. Of particular concern are those areas near the roads at the north and west ends of the protection area because of their proximity to the upstream watershed. The rare plant species should be monitored regularly to assess the size and vigor of the population. Changes in vegetation composition, particularly the invasion of non-native species, should be monitored. BOUNDARY RECOMMENDATIONS: The protection area boundary includes the swamp forest, bottomland hardwood forest, and adjacent forested buffer. This buffer is required to protect the hydrology of the swamp and to guard against invasive, non-native plant species. The rare species populations occur within these recommended boundaries. SITE DESCRIPTION SUMMARY: This 644 acre protection area encompasses a diverse mixture of swamp forest, bottomland hardwood forest, and mesic deciduous woods. Numerous small streams, seeps, and wet depressions dot the area, forming the headwaters of a stream that flows from northwest to southeast through the protection area. Areas that remain inundated throughout the growing season intermingle with seasonally flooded areas, creating a maze of wetland habitats. Common Greenbrier forms numerous impenetrable thickets. The swamp forest is dominated by Red Maple, Sweet Gum, and Black Gum with a thick understory of Sweet Pepperbush, Spidebush, and numerous sedges and grasses. Slightly elevated areas are dominated by oaks, pines, and American Holly with Common 15 Greenbrier, Japanese Honeysuckle, and Poison Ivy forming thickets in the understory. Moist areas with a thin canopy support a variety of herbaceous species, including asters, goldenrods, Lizard's-tail, Touch-me-not, and Soapwort Gentian. Recently logged areas are dominated by invasive, non-native species such as Japanese Honeysuckle and Stinging Nettle. Scattered in- relatively small patches are nearly mature stands of forest containing comparatively large trees. One such tree is a Swamp White Oak measuring nearly twelve feet in circumference. Logging is presently taking place in the northwestern section of the swamp. The protection area is encircled by roads. Numerous private residences, commercial businesses, and farms occur along these roads. Several cultivated fields occur near the protection boundary. Prepared by: Richard H. Wiegand Date: November 1988 16 PROTECTION AREA SUMMARY Protection Area Name: Mill Creek Pond County: St. Mary's USGS Quad: Hollywood SUMMARY OF ECOLOGICAL SIGNIFICANCE: Mill Creek Pond is a large millpond created by the damming of Mill Creek. A rare aquatic plant species, known from only three other sites in Maryland, is abundant in this pond. This is the only known site for this species on the Upper Coastal Plain. A great diversity of more common wetland plants occurs along the shoreline and in emergent marsh areas where two feeder streams enter the pond. Water quality at this site remains high because the upstream watershed is forested and relatively undisturbed. Millponds have become an increasingly important artificial habitat for numerous rare and uncommon plant species. Historically, freshwater ponds were created by beaver activity, but beaver are often perceived as a nuisance and are now much less common. Therefore, millponds simulate a natural habitat which has become increasingly rare on the Western Shore. OTHER VALUES AND SIGNIFICANCE: Additional survey of this pond, particularly the emergent marsh areas, will likely yield more rare plant species and possibly rare amphibians. The pond offers superb habitat for resident as well as migratory waterfowl and waterbirds, reptiles, and amphibians. The forested upstream watershed provides habitat for forest interior dwelling birds. THREATS AND MANAGEMENT NEEDS: Threats Logging or the clearing of the forest on the steep slopes adjacent to the pond or in the watershed upstream would be detrimental to the rare species. Excessive siltation of the stream and pond would likely result from the erosion of logged areas, directly threatening the rare aquatic species. Disturbance of the pond's hydrology, either by logging or development of the forested watershed, or by damming, ditching, or channeling of the streams, would be detrimental to the rare species. A reduction in water quality as a result of logging or residential or commercial development of the stream's watershed 17 could destroy the rare aquatic plant species, which requires high water quality to survive. Management Needs Logging or clearing of trees on the steep slopes adjacent to the pond should not be conducted. Plans for logging the upstream watershed should be reviewed to determine potential impacts on water quality. Plans should be designed to prevent sediment from entering the pond and stream. Only selective cutting should be permitted. Activities that would reduce the quality or alter the quantity of water in the pond should not be conducted. Maintenance of a permanently forested buffer throughout the protection area is highly recommended to maintain high water quality. A decline in the rare species population may reflect a decline in water quality. Therefore regular monitoring of population size and vigor should be implemented. The shoreline of the pond should remain undisturbed. Voluntary management agreements should be implemented with adjacent landowners to assure land-use practices are not detrimental to the rare species. BOUNDARY RECOMMENDATIONS: The protection area boundary includes the millpond where the rare plant species occurs, the emergent marshes and shoreline, adjacent wooded swamps, and adjacent wooded slopes. An upland forested buffer is included around the millpond to protect it from runoff of sediment and other pollutants. Additionally, a portion of the watersheds of both major feeder streams is included to assure the maintenance of high water quality. SITE DESCRIPTION SUMMARY: This 107 acre protection area incorporates the millpond and adjacent wetland complex, upland woods, and several ravines dominated by rich, deciduous woods. Upstream from the pond's western edge is a complex of streams, ravines, swamp forest, and upland woods. A similar area occurs upstream south of the pond. Generally the uplands are dominated by pine-oak woods with Beech and American Holly also abundant. Lower areas in the ravines and along the streams are dominated by Red Maple, Tulip Tree, and Sweet Gum with a well developed understory and herbaceous layer. The millpond is shaped like a boomerangf it's shorter side facing west and its longer side facing south. Mill Creek flows from the elbow of the pond on its northeast side. Large areas of 18 emergent vegetation occur at the west and south ends of the pond, and smaller areas occur along the shoreline. Shrubs including Buttonbush, Smooth Alder, and Sweet Pepperbush are encroaching into these herbaceous emergent areas. Several private residences occur near the shoreline on the north side of the pond. Prepared by: Richard H. Wiegand Date: November 1988 19 REFERENCES The following general references are provided as background material and suggested reading to supplement this report. Bartgis, R.L. 1986. Functional assessment of non-tidal wetlands. Natural Heritage Program, Maryland Department of Natural Resources, Annapolis, MD. Unpublished report to Coastal Resources Division. Fernald, M.L. 1970. Gray's manual of botany. Eighth ed., corrected printing. D. Van Nostrand Co., New York. 1632 pp. Glaser, J.D. 1968. Coastal Plain geology of Southern Maryland. Guidebook No. 1. Maryland Geologic Survey, Baltimore, MD. 56 pp. 1971. Geology and mineral resources of Southern Maryland. Report of Investigations No. 15. Maryland Geologic Survey, Baltimore, MD. 85 pp. Gleason, H.A. 1952. The new Britton and Brown illustrated flora of the northeastern United States and Canada. Vols. 1-3. Hafner Press, New York. 1732 pp. Godrey, R.K. and J.W. Wooten. 1979. Aquatic and wetland plants of the southeastern United States, Monocotyledons. Univ. of Georgia Press, Athens, GA. 712 pp. . 1981. Aquatic and wetland plants of the southeastern United States, Dicotyledons. Univ. of Georgia Press, Athens, GA. 933 pp. Norden, A.W., D.C. Forester, and G.H. Fenwick, eds. 1984. Threatened and endangered plants of Maryland. Natural Heritage Program Spec. Publ. 84-1. Maryland Department of Natural Resources, Annapolis, MD. 473 pp. Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the vascular flora of the Carolinas. Univ. of North Carolina Press, Chapel Hill, NC. 1183 pp. Tiner, R.W. Jr. 1988. Field guide to nontidal wetland identification. Maryland Department of Natural Resources, Annapolis, MD and U.S. Fish and Wildlife Service, Newton Corner, MA; Cooperative Publication. 283 pp. + plates. U.S. Soil Conservation Service. Soil Survey. U.S. Govt. Printing office, Washington, DC. (available for each Maryland county). 20 APPE NDIX A Final Action On Recrulations 1471 For information concerning Final Action on Regulations, see inside front Cover. Symbol Key Roman type indicates text already existing at the time of the proposed action. Italic @ype indicates new text added at the time of proposed action. A single undeflin indicates text added at the time of final action. [Single brackets] indicate deleted text. [Double brackets] ] indicate text deleted at the time of final action. 14:6 Md. R. 719 - 726 (March 13, 1987), have been adopted Title 07 as proposed. - DEPARTMENT OF Effective Date: June 29, 1987. TORREY C. BROWN, M.D. HUMAN RESOURCES Secretary of Natural Resources Subtitle 03 INCOME MAINTENANCE ADMINISTRATION 07.03.05 General Public Assistance to Ern- Subtitle 05 WATER RESOURCES ployables ADMINISTRATION Authoritv: Article 88A, ��17.17A-1 - 17A-3,65B. 08.05.03 Construction on Non-Tidal Waters Annotated Code of Marviand and Floodplains Notice of Final Action Authority: Natural Resources Article, ��8-801 - 8-814, [87-110-F] Annotated Code of Maryland On May 26, 1987, the Secretary of Human Resources Notice of Final Action adopted amendments to Regulations .09 and .11 under t87.060-121 COMAR 07.03.05 General Public Assistance to Employ- ables. These amendments, which were proposed for adop- On June 9, 1987, amendments to Regulation .03 under tion in 14:8 Md. R. 941 (April 10, 1987), have been adopted COIMAR 08.05.03 Construction on Non-Tidal Waters as proposed. (DHR Transmittal Number 87-12) and Floodplains, were adopted by the Secretary of Natu- Effective Date: June 29, 1987. ral Resources. These amendments, which were proposed for adoption in 14:6 Md. R. 726 - 728 (March 13, 1987), have RUTH MASSINGA been adopted with the non-substantial changes shown be- Secretary of Human Resources low. Effective Date: June 29, 1987. Attornev General's Certification 'Title 08 In accordance with State Government Article, �10-113, Annotated Code of Maryland, the Attorney General certi- DEPARTMENT OF fies that the following changes do not differ substantively from the proposed text. The nature of each change and tl@e NATURAL RESOURCES basis for this conclusion are as follow: Regulation .03D(3)(b): The new language is added to re- Subtitle 03 WILDLIFE state the fact that tidal floodplains are not covered by this regulation and precludes any misunderstanding by prospec- 08.03.08 Threatened and Endangered Species tive applicants on this issue. The State's regulatory authori- ty pursuant to Natural Resources Article, Title 8. is specifi- Authority: Natural Resources Article. �� 4-2A-01 - 4-2A-09. caliy limited to the 100-year floodplain of free flowing 10-2A-01 - 10-2A-09, streams and does not encompass federally designated tidal Annotated Code of Maryland special flocd hazard areas. Regulation .03 restates this limi- tation on the State's jurisdiction. Notice of Final Action .03 Requirements for a Permit. [87-061-F) A. - C. (proposed text unchanged) On June 9, 1987, new Regulations .01 - .11 under a new D. Exemptions. The following activities are cxenipted chapter. COMAR 08.03.08 Threatened and Endangered from the requirements for a permit from the Administration Species, were adopted by the Secretary of Natural Resourc- under this chapter: es. Existing Regulations .01 and .'02 under COMAR (D - (2) (proposed text unchanged) 08-03.08 Nongarne and Endangered Species were re- (3) A person who proposes to change in an 'v mantier the pealed. These actions, which were proposed for adoption in course, current, or cross-section of any waters of the State other than those relerenced in �D(l) and (2) of (his rcgula- tion does not need a permit from theAdministration I/ the: MARYLAND REGISTER, VOL 14, ISSUE 13 FRIDAY, JUNE 19,1987 PROPOSED ACTION ON REGULATIONS 719 required to give the Department,30 days notice before start- Title 08 ing any action which -would result in an "incidental tak- ing." Within that 30 day time period the Department must DEPARTMENT OF NATURAL either salvage the species or issue a permit for the "inciden- tal take." The other added prohibitions are simply the same RESOURCES acts prohibited by statute with respect to endangered spe- cies. Subtitle 03 WILDLIFE This proposal defines for the first time what criteria are considered for designating Natural Heritage Areas. These 08.03.08 Threatened and Endangered Species Areas are an integral feature of the Critical Areas Criteria Authority: Natural Resources Article, ��4-2A-01 - 4-2A-09 and (set forth under COMAR 14.15.01 -.11) and by adding this ��10-2A.01 - 10-2A-09, regulation the Department hopes to aid the counties and Annotated Code of Maryland the Critical Areas Commission in the protection of these Areas. Before Areas are designated the Department will no- Notice of Proposed Action tify all landowners of the proposed designation. There will [87-06i-P] be maps made available along with other pertinent and useful information. The Department hopes to work out The Secretary of Natural Resources proposes to repeal management agreements with the landowners or buy con- existing Regulations .01 and .02 under COMAR 08.03.08 servation easements for property included in an Area if nec- Nongame and Endangered Species and to adopt new essary. Regulations .01 -.11 under COMAR 08.03.08 Threatened The Critical Areas Criteria rely heavily on the Depart- and Endangered Species. ment's Threatened and Endangered Species Program to aid The proposed action does not affect any threatened and the counties in determining which species within the Crit- endangered species regulation or designations under ical Area need protection. The Department has available COMAR 08.02.12 Tidewater Administration. The pro- maps which locate listed species by planning zones and will posed action includes an increase in the number of wildlife make all this information as readily available as possible. species on the lists and for the first time includes plants. In The Department has always considered cooperative man- addition. some species which meet the statutory definition agement agreements with private property owners to be the of fish because they spend part of their life cycle in water, best way to preserve and protect habitat critical to threat- namely', amphibians, reptiles, crustaceans, mollusks and ened and endangered species, and intends to continue to use only those finfish of the species Blackbanded Sunfish (En- these agreements and other mutually agreeable manage- neacanthus chaetodon), Maryland Darter (Etheostoma ment arrangements as much as possible. sellare), Glassy Darter (Etheostoma vitreum), Stripeback Darter (Percina notograma) and Trout-Perch (Percopsis om- Estimate of Economic Impact iscomaycus) are added. The latter species are not garne or 1. Summary of Economic Impact. Administrative costs for sport fish, therefore, are of no commercial significance. The units of the Department of Natural Resources will increase in lists also contain, for the first time, the names of all those terms of more staff time to address protection of these species, and species which are federally listed and, therefore, are re- Borne land acquisition costs will be incurred. Local governments quired by Maryland law to be listed in Maryland. will bear some costs in addressing protection of the listed species as The criteria for listing and delisting species are set out part of their Critical Areas programs. and the process for petitioning the Department to list and 11. Types of Revenue delist a species as allowed by law is specified. The proposal Economic Impacts: Expense Amount also clarifies how to apply for the various permits which are allowed by law and what factors are considered before they A. On issuing agency: are issued. 1. Increased staff and sup- port for threatened and endan- Maryland law authorizes the Secretary to prohibit cer- gered species Pro am $193,497 Wn acts with respect to threatened and endangered plants 2. Increased farand acquisition in addition to those set out in the statute. The added prohi- staff and support $74,106 bitions are: taking threatened and endangered plants from 3. Additional acquisition of interests in land Indeterminable private property without the permission of the owner and B. On other State or local from State property without the permission of the Director; agencies affected: and exporting, possessing, processing, selling, offering for Local jurisdictions protect sale, delivering, carrying, transporting or shipping threat- threatened and endangered spe- cies as part of Critical Areas pro- ened plant species. The latter acts are already prohibited by grams $40.000- statute with respect to endangered plants. $100,000 Maryland law also authorizes the Secretary to prohibit by C. On regulated industries or regulation certain acts with respect to all other threatened trade groups; NONE species besides plants. Since there were no threatened spe- Benefit(+) cies listed in the previous regulation, there were no addi- - Cost Amount tional prohibitions specified; thus, these regulations imple- D. On other industries or trade ment that section of the law for the first time. Included in the added prohibitions is an "incidental taking." This is a groups affected: NONE taking of a species which is caused by another otherwise lawful act, for example, the killing of a pond dwelling spe- cies by filling in a pond for other reasons. The landowner is MARYLAND REGISTER, VOL 14, ISSUE 6 FRIDAY, MARCH 13,1987 720 PROPOSED ACTION ON REGULATIONS E. Direct and indirect effects D. "Incidental taking" means takings of listed species on public: that are incidental to, and -not the purpose of the carrying 1. Prohibition on taking en- dangered wildlife may affect out of an otherwise lawful activity conducted by a per-son on some real estate development Indeterminable private property. 2. Protect species' diversity Indeterminable E. "Jeopardize the continued existence of' means to en- 111. Assumptions. (Identified by Impact Letter and Number gage in an action which reasonably would be expected, di- from Section 11): rectly or indirectly, to reduce appreciably the likelihood of Al. The amount indicated is a budget enhancement request for either the survival or recovery of a listed species in the wild six new positions plus support for the Threatened and Endangered Species program. While not all attributable to the listing of species by reducing the reproduction, numbers, or distribution of a represented by this regulation, a significant portion of the addition- listed species or otherwise adversely affecting the species. al staff time for which the new resources will be needed is to meet F "Listed species" means a species of flora or fauna the needs of an expanded list of threatened and endangered species. deemed endangered, threatened or in need of conservation in A2. The amount indicated is a budget enhancement request for this chapter due to any of the following factors: two new positions plus support for acquisition of interests in land (1) Present or threatened destruction, modification, or that may prove necessary to protect threatened and endangered curtailment of the species'habitat or range,- species. (2) Overutilization for commercial, sporting, scientific, A3. At this time, it is impossible to calculate how much could be educational, or other purposes, spent for acquisition of interests in land. The figure indicated is the amount budgeted in FY 1987 for acquisition of interests in property (3) Disease or preda tion, for protection of lands that support diverse ecological communities (4) Inadequacy of existing regulatory mechanisms; or of plants or animals, including forestlands, habitats of rare, threat- (5) Other natural or manmade factors affecting the spe- ened or endangered species, and areas necessary for watershed pro- cies'continued existence within the State. tection. A similar amount has been requested for FY 1988. G. "Natural heritage area" means any natural communi- B. The costs of local governments to develop Critical Area pro- ty of species designated in Regulation .10 in this chapter. grams will be approximately $2,150,000 for FY 1987. A similar H. "Person" means any county, municipal corporation, or amount has been requested for FY 1988. The Director of the Crit- otherpolitical subdivision of the State, an individual, corpo- ical Areas program estimates that between 2 percent and 5 percent ration, receiver, trustee, guardian, executor, administrator, of these costs may be attributable to that portion of the work in- va[ving threatened and endangered species. fiduciary, or representative. El. and E2. There is presently no trade in Maryland in any of L "Secretary" means the Secretary of the Department of the listed species, and therefore no impact is anticipated as a result Natural Resources. of prohibiting such commerce. The prohibition on taking endan- J. "Service" means the Maryland Forest, Park and Wild- gered species of wildlife in any manner will have some localized life Service. impacts on land use, but the impacts are indeterminable at this K. "Species" means any species of wildlife or plant and time. As to endangered or threatened species of plants, threatened reptiles, amphibians, crustaceans, mollusks and the follow- species of wildlife, and wildlife species in neeed of conservation, the ing finfish: Enneacanthus chaetodon, Etheostoma sellare, regulation prohibits only directed efforts to take the species; inci- Etheostoma vitreurn, Perrina notograma, Percopsis omisco- dental impacts on the species from legitimate uses of land are not prohibited. Therefore, the listing of these species will not have an mayrus or any part, egg, offspring, or dead body of any of impact. Finally, there will be a long-term, positive, but incalculable them. benefit to the people of Maryland by protecting the diversity of L. "Species in need of conservation " means any species de- species in the State. termined by the Secretary to be in need of consemation mea- sums for its continued ability to sustain itself successfully. Opportunity for Public Comment M. "Take" means to harass, harm pursue, hunt, shoot, Written comments may be sent to James Mallow, Forest, wound, kill, trup, capture, or collect, or attempt to engage in Park and Wildlife Service, Department of Natural Resourc- any such conduct. es, Tawes State Office Building, Annapolis, MD 21401 or N. "Threatened species" means any species of flora or fau- call 974-3771 Monday through Friday, 9 a.m. to 4 p.m. Pub- na which appears likely, within the foreseeable future, to lic comment must be received not later than April 20, 1987 become endangered including any species determined to be a at 4 p.m. "threatened species" pursuant to the federal Endangered If sufficient interest is shown a public hearing will be Species Act of 1973, 16 U.S.C. ��1531 - 1543. held. Copies of this proposal are available from James Mal- .02 Petitioning. low at the address given above. A. Except for species determined to be threatened or en- .01 Definitions. dangered pursuant to the federal Endangered Species Act of A. "Director" means the Director of the Maryland Forest, 1973, 16 US-C H1531 - 1543, any interested person may Park and Wildlife Service. petition the Director to add or remove a species or natural B. "Endangered extirpated species" means any species heritage area to or from a list in this chapter. The Director auna of the that was once a viable component of the flora or f shall review the evidence regarding the requested action and State but for which no naturally occurring populations are make a recommendation to the Secretary whether or not to known to exist in the State. Most of these species have not list or delist the species or natural heritage area. been recorded in Maryland since 1950. B. In a petition to list or delist a natural heritage area, ,s "means any species whose contin- ided: C. "Endangered specie the following information shall be pr'ov ued existence as a viable component of the State's florn or (1) A map of the proposed natural heritage area. fauna is determined to be in jeopardy including any species (2) A description of the physical boundaries of the pro- determined to be an "endangered species" pursuant to the posed area, total acreage, landowner name and address. fede-l Endangered Species Act of 1973, 16 U.S.C ��1531 - (3) A description of the biological community represent- 1543. ed by the natural heritage area including, as far as practi- cal, a list of the fauna and flora there. and other geologic, MARYLAND REGISTER, VOL 14, ISSUE 6 FRIDAY, MARCH 13,1987 PROPOSED ACTION ON REGULATIONS 721 hydrologic, or other features which blend together to make (1) Whether the species is restricted to a minimal geo- this area unique. graphic area within Maryland; (4) A description of all major threats to the continued (2) Whether the species has experienced a rapid, sub- existence of the area, or if petitioning to delist an area, a stantial decline in Maryland, and if the decline continues, description of how the natural features and species composi- the species'extirpation from Maryland is imminent; tion of the area have changed so it is no longer suitable to be (3) Whether the species' essential habitat has been rap- designated as a natural heritage area. idly lost and that loss is likely to continue; (5) A statement indicating why the area should or (4) Whether the species'biology makes it highly suscep- should not be considered as among the best statewide exam- tible to changes in its environment; or ples of its kind. (5) Whether -the species' essential habitat is easily al- (6) Other relevant information which might assist the tered by even relatively minor activities. Director in making a determination. B. Permits. The permit procedures to be followed are set C. All sites used for evidence of current abundance shall forth in Regulation .03. The following apply.- be extant and all sitings shall be documented with appropri- (1) Permits shall be issued only for scientific research ate vouchers. In a petition to list or delist a species, the fol- designed to enhance the recovery of the species or population. lowing infor-mation shall be provided: (2) A person may not take, export, possess, process, sell (1) A description of the biological distribution of the or offer for sale, deliver, carry, transport, or ship by any species in Maryland. means any endangered wildlife, reptile, amphibian, mol- (2) Its life needs and habitat requirements. lusk, crustacean or finfish species except by special permit (3) Evidence of its decline or evidence that it is more from the Director. common than previously believed and documented. C. The following wildlife, reptile, amphibian, mollusk, (4) All known threats which jeopardize its continued ex- crustacean and finfish species are considered endangered istence. throughout Maryland unless a smaller range is indicated: (5) Other relevant biological and ecological data or oth- (1) Platyhelminthes. A Planarian (Procot 'vla @yphlops). er life history information pertinent to its status. (2) Mollusks. Ancient Floater (Alasmidonta heterodon). (6) The species shall be presently recognized as a valid (3) Crustaceans. species, or infraspecific taxa of regional or national signifi- (a) Dearolfs Cave Amphipod (Crangonvx dearolfi),- cance. There shall be adequate documentation that it occurs (b) Greenbriar Cave Amphipod (S(ygobromas emargi- naturally and is permanently established in Maryland. natus); .03 Permits. lipes) (c) Shenandoah Gave Amphipod (Stygobromus graci- A. Permits to take, transport, possess, sell, offer for so e, (4) Insects. export or import any listed species may be obtained frorn the (a) Northeastern Beach Tiger-Beetle (Cicindela dor- Director only after written application on a form provided by salis); the Service, and upon payment of a fee of $25. (b) Puritan Tiger-Beetle (Cicindela puritanai; B. Each permit shall be subject to an expiration date and (c) Six-Banded Longhorn-Beetle (Dryobius sexnota- other limitations as may be prescribed by the Director. tus), C Each permit application requesting permission to take (d) Regal Fritillary (Speyeria idalia). a listed species from private property shall be accompanied (5) Fish. Maryland Darter (Etheostoma sellare). by a signed statement from the landowner granting the ap- (6) Amphibians. plicant permission to enter the property to take the species. (a) Eastern Tiger Salamander (Ambystoma tigrinumj,- D. A permit application shall describe the purpose of the (b) Green Salamander (Aneides aeneus),- request in such detail that the Director can determine (c) Hellbender (Cryptobranchus alleganiensis); whether it is in the best interest of the species and the State (d) Eastern Narrow-Mouthed Toad (Gastrophryne to issue it. carolinensis). E. The Director shall consider, but not be limited to, the (7) Reptiles. following information: (a) Atlantic Leatherback Turtle (Dermochelvs coria- (1) The number of other known occurrences of the spe- cea); cies in the State; (b) Atlantic Hawksbill Turtle (Eretmochelys imbrica- on: (2) Which of the occurrences of the species in �E(1) exist ta); (C) Northern Coal Skink (Eumeces anthracinus); (a) P!rivate lands; (d) Atlantic Ridley Turtle (Lepidochelys kempi),- (b) Public lands; and (e) Mountain Earth Snake (Virginia valeriae pul- W What protection there is for the species'continued chra). existence. (8) Birds. (3) The number of individuals in the occurrences of the (a) Piping Plover (Charadrius melodus); species in �E(1) and the relative state of ecological stability. F Violation of any provision or restriction of the permit b) Peregrine Falcon (Falco peregrin us); shall constitute a violation of this regulation and may re- (c) Bald Eagle (Haliaeetus leucocephalus); sult, at the discretion of the Director, in the revocation of the (d) Loggerhead Shrike (Lanius ludovicianusl: permit and confiscation of the species taken or possessed. (e) Bewick's Wren (Thryomanes bewickii). (9) Mammals. .04 Endangered Species of Wildlife@ Reptiles, (a) Black Right Whale (Balaena glacialis); Amphibians, Mollusks, Crustaceans and Finfish. (b) Sei Whale (Balaenoptera borealis); A. Listing Criteria. The following factors shall be consid- (c) Blue Whale (Balaenoptera musculus); ered for listing any species other than plants as endangered: (d) Finback Whale (Balaenoptera ph.-ysalus): MARYLAND REGISTER, VOL 14, ISSUE 6 FRIDAY, MARCH 13,1987 722 PROPOSED ACTI ON ON REGULATIONS (e) Humpback Whale (Megaptera novaeangliae),- (28) Cream-Flowered Tick-Trefoil (Desmodium ochro- (f) Indiana Bat (Myotis sodalis), leucum); (g) Sperm Whale (Physeter catodon); (29) Rigid Tick-Trefoil (Desmodium rigidum); (h) Delmarva Fox Squirrel (Sciurus niger cinereus), (30) Pineland Tick-Trefoil (Desmodium strictum); (i) Water Shrew (Sorex palustris). (31) Pink Sundew (Drosera capillaris); (32) Log Fern (Dryopteris celsa); .05 Endangered Species ofPlants. (33) Knotted Spikerush (Eleocharis equisetoides); A. Listing Criteria. The following factors shall be consid- (34) Black-Fruited Spikerush (Eleocharis melanocarpa), ered for listing a plant species as endangered: (35) Robbins'Spikerush (Eleocharis robbinsii); (1) Whether only a few populations are known in Mary- (36) Water Horsetail (Equisetum fluviatile); land and they cover only a small portion of land, (37) Bent-Awn Plumegrass (Erianthus contortus); (2) Whether the species is restricted to a minimal geo- (38) Parker's Pipewort (Eriocaulon parkeri); graphic area; (39) White-Bracted Boneset (Eupatorium leucolepis); (3) "ether the species has experienced a substantial (40) Darlington's Spurge (Euphorbia purpurea); decline in Maryland, and if the decline continues, the spe- (41) Harper's Fimbristylis (Fimbristylis perpusilla); cies'extirpation from Maryland is imminent, (42) Box Huckleberry (Gaylussacia brachycera), (4) Whether the species' essential habitat has been rap- (43) Swamp-Pink (Helonias bullata); idly lost and that loss is likely to continue; (44) Featherfoil (Hottonia inflata); (5) Whether the species'biology makes it highly suscep- (45) Creeping St. John's- Wort (Hypericum adpressum), tible to changes in its environment; or (46) Coppery St. John's-Wort (Hypericum denticulatum); (6) Whether the species' essential habitat is easily al- (47) Dwarf Iris (Iris verna), tered bv even relatively minor activities. (48) Red-Root (Lachnanthes caroliana); B. Permits. The permit procedures to be followed are set (49) (Leersia hexandra); forth in Regulation .03. The following apply: (50) Star Duckweed (Lemna trisulca); (1) Permits shall be issued only for scientific research (51) Downy Bushclover (Lespedeza stuevei),- designed to enhance the recovery of the species orpopulation; (52) Mudwort (Limosella subulata); (2) A person may not: (53) Sandplain Flax (Linurn intercursum), (a) Export, possess, process, sell, offer for sale, deliver, (54) Pondspice (Litsea aestivalis); carry, transport, or ship by any means any endangered plant (55) Canby's Lobelia (Lobelia canbvi); species without a special permit from the Director, the feder- (56) (Ludwigia glandulosa); al government, or another state government; (57) Hairy Ludwigia (Ludwigia hirtella); (b) Take any endangered plant species from State (58) Sessile-Leaved Water-Horehound (Lycopus amplec- propert.), except by special permit from the Director; and tens); (c) Take any endangered plant species from private (59) Erect Water-Hyssop (Mecardonia acurninata); property without the written permission of the landowner. (60) Torrey's Dropseed (Muhlenbergia torreyana); C The following plant species are considered endangered (61) Low Water-Mil/bil (Myriophyllum humile); throughout Maryland unless a smaller range is indicated: (62) Floating-Heart ymphoides cordata); (1) Sensitive Joint-Vetch (Aeschynomene virginica); (63) Virginia False-Gromwell (Onosmodium virginia- (2) Sandplain Gerardia (Agalinis acuta); n u m),- (3) (Agalinis fasciculata); (64) Canby's Dropwort (Oxypolis canbyi); (4) Thread-Leaved Gerardia (Agalinis setacea),, (65) Tall Swamp Panicgrass (Panicurn scabriusculum),- (5) Woolly Three-Awn (Aristida lanosa); (66) Wright's Panicgrass (Panicum wrightianum); (6) Virginia Heartleaf (Asarum virginicum); (67) Kidneyleaf Grass-of-Parnassus (Parnassia asarifo- (7) Red Milkweed (Asclepias rubra); lia); (8) Serpentine Aster (Aster depauperatus); (68) Yellow Nailwort (Paronychia virginica); (9) Tickseed Sunflower (Bidens coronata), (69) Walter's Paspalum (Paspalum dissecturn); (10) Small Beggar-Ticks (Bidens discoidea); (70) Canby's Mountain Lover (Paxistima canbyi),- (11) (Bidens mitis); (71) Blue Scorpion-Weed (Phacelia ranunculacea); (12) Aster-Like Boltonia (Boltonia asteroides),- (72) Jacob's-Ladder (Polemonium van-bruntiae); (13) Grass-Pink (Calopogon tuberosus); (73) Cross-Leaved Milkwort (Polygala cruciata); (14) Long's Bittercress (Carxiamine longii),- (74) Dense-Flowered Knotweed (Polygonum densiflo- (15) Barratt's Sedge (Carex barrattii); rum); (16) Buxbaums Sedge (Carex buxbaumi),- (75) Slender Rattlesnake-Root (Prenanthes autumnal. (17) Coast Sedge (Carex exilis); is); (18) Giant Sedge (Carex gigantea); (76) Alleghany Plum (Prunus alleghaniensis); (19) (Carex joorii), (77) Short-Beaked Baldrush (Psilocarva nitens); (20) Dark Green Sedge (Carex venusta); (78) Long-Beaked Baldrush (Psilocarya scirpoides); (21) Marsh Wild Senna (Gassia fasciculata var. macros- (79) Harperella (Ptilimnium nodosum),- perma); (80) One-Sided Pyrola (Tyrola secunda); (22) Spreading Pogonia (Cleistes divaricata); (81) Yellow Water-Crowfoot (Ranunculus flabellaris); (23) Wrinkled Jointgrass (Coelorachis rugosa),- (82) (Rhynchosia tomentosa); (24) Wisters Coralroot (Corallorhiza wisteriana); (83) Short-Bristled Hornedrush (Rhynchospora cornicu- (25) Fraser's Sedge (Cyrnophyllus fraseri); lata); (26) Smooth Tick-Trefoil (Desmodium laevigatum),- (84) Thread-Leaved Beakrush (Rhynchospora filifolia), (27) Linear-Leaved Tick-Trefoil (Desmodium lineatum); (85) Grass-Like Beakrush (Rhynchospora globularis); MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987 PROPOSED A CTION ON REGULATIONS 723 (86) Clustered Beakrush (Rhynchospora glornerata); (33) Chaffweed (Centunculas minimus); (87) Drowned Hornedrush (Rhynchospora inundata); (34) Purple Clematis (Clematis occidentalis); (88) Torrey's Beakrush (Rhynchospora torreyana); (35) Curly-Heads (Clematts ocroleuca); (89) Sacciolepis (Sacciolepis striata); (36) Rose Coreopsis (Coreopsis rosea); (90) Sessile-Fruited Arrowhead (Sagittaria rigida); (37) Pygmyweed (Crassula aquatica); (91) Sandbar Willow (Salix exigua); (38) Hazel Dodder (Cuscuta coryli); (92) Canby's Bulrush (Scirpus etuberrulatus); (39) (Cyperus plukenetii); (93) Water Clubrush (Scirpus subterminalis); (40) Showy Ladies'Slipper (Cypripedium reginae); (94) Slender Nutrush (Scleria minor); (41) Few-Flowered Tick-Trefoil (Desmodium paucif7o- (95) Pink Bog-Button (Sclerolepis uniflora); rum); (96) Halberd-Leaved Greenbrier (Smilax pseudo-china); (42) (Digitaria villosa); (97) Red-Berried Greenbrier (Smilax walteri)v (43) (Eleocharis halophila); (98) Shoury Goldenrod (Solidago speciosa); (44) Three-Ribbed Spikerush (Eleocharis tricostata), (99) Two-Flowered Bladderwort (Utricularia biflora), (45) Downy Willowherb (Epilobium stricturn): (100) Fringed Yelloweyed-Grass (Xyris fimbriata), (46) Seven-Angled Pipewort (Eriocaulon septangulare), (101) Small's Yelloweyed-Grass (Xyris smalliana). (47) Tall Rattlesnake Master (Eryngium yuccifolium); .06 Endangered Extirpated Species. (48) (Festuca paradoxa); A. Listing Criteria. The following factors shall be consid- (49) Pumpkin Ash (Fraxinus profunda); ered for listing a species as endangered extirpated: (50) Small Bedstraw (Galium trifidum); (1) The species was once a viable component of the (51) (Gentiana puberula); (52) Sea Milkwort (Glaux maritima); State's flora and fauna and there are no records of it natu- (53) Sharp-Scaled Mannagrass (Glyceria acutif7ora),- rally occurring in Maryland after 1950: or (54) Dwarf Rattlesnake-Plantain (-Good.vera repens); (2) The species was once a viable component of the (55) Tesselated Rattlesnake-Plantain (Goodvera tessela- State's f7ora or fauna and recent scientific investigations ta),- have documented the loss of its habitat or disappearance of (56) (Gratiola ramosa); its population in Maryland. (57) Rough Heuchera (Heuchera villosa); B. Permits. Upon the discovery of a viable, naturally oc- (58) Sea-Beach Sandwort (Honkenva peploides), cur-ring population of any species in ��C - H, that species (59) Nits-and-Lice (Hypericum drummondii); will be considered an endangered species and shall require (60) Clasping-Leaved St. John's-Wort (Hypericum gym- the permits and conditions afforded to that status. nanthum); C. The following plant species are considered endangered (61) Great St. John's- Wort (Hypericum pyramidatum); extirpated throughout Maryland: (62) Bloodleaf (Iresine rhizomatosa); (1) Pine-Barren Gerardia (Agalinis virgata); (63) Small Whorled Pogonia (Isotria medeoloides); (2) Rough-Stemmed Wheatgrass (Agropyron trachycau- (64) Small-Headed Rush (Juncus brachycephalus); lum); (65) New Jersey Rush (Juncus caesariensis); (3) Golden Colicroot (Aletris aurea); (66) (Juncus megacephalus); (4) Beach Pigweed (A maranthus pumilus); (67) Bavonet Rush (Juncus militaris); (5) Canada Anemone (Anemone canadensis); (68) Torrey's Rush (Juncus torreyi); (6) Great Angelica (Angelica atropurpurea); (69) Common Juniper (Juniperus communis); (7) Filmy Angelica (Angelica triquinata); (70) Narrow-Leaved Pinweed (Lechea tenuifolia); (8) Arethusa (Arethusa bulbosa); (71) Catchfly-Grass (Leersia lenticularis); (9) Lake Cress (Armoracia aquatica); (72) Long-Awned Diplanche (Leptochloa fascicularis), (10) Bradley's Spleenwort (Asplenium bradlevi); (73) Fall Witchgrass (Leptoloma cognatum); (11) Steele's Aster (Aster concinnus); (74) Scaly Blazing-Star (Liatris squarrosa); (12) Silvery Aster (Aster concolor); (75) American Lovage (Ligusticum canadense); (13) Showy Aster (Aster spectabilis); (76) American Frog's-Bit (Limnobium spongia); (14) (Axonopus furcatus); (77) Twinflower (Linnaea borealis); (15) Mat-Forming Water-Hyssop (Bacopa stragula); (78) Florida Yellow Flax (Linum floridanum); (16) Sea Ox-Eye (Borrichia frutescens), (79) Heartleaf Twayblade (Listera cordata); (17) Triangle Grape-Fern (Botrychium lanceolaturn); (80) (Lobelia glandulosa); (18) Leathery Grape-Fern (Botnchium multifidum); (81) Carolina Clubmoss (Lycopodium carolinianum); (19) Small Grape-Fern (Botrychium simplex); (82) Large-Flowered Barbara's Buttons (Marshallia (20) Blue-Hearts (Buchnera americana); grandiflora); (21) Great Indian-Plantain (Cacalia muhlenbergii); (83) (Matelea decipiensj; (22) (Carex careyana); (84) (Matelea obliqua); (23) Cypress-Knee Sedge (Carex decomposita); (85) Broad-Leaved Bunchf7ower (Afeanthium latifoli- (24) (Carex foenea); uM); (25) (Carex glaucescens); (86) Nuttall's Micranthemum (Micran them um micran- (26) Lake-Bank Sedge (Carex lacustris); themoides); (27) New England Sedge (Carex novae-angliae); (87) Evergreen BaN'berr (28) Variable Sedge (Carex polymorpha); y (Nlyrica heteroph_lla),- (29) (Carex striatula); (88) Thread-Like Naiad (Najas gracillima - (30) (Carex tenera); (89) Northern Panicgrass (Panicurn boreale); (31) (Carex tetanica); (90) Mav Grass (Pharlaris carolinianal.- (32) Wood's Sedge (Carex woodii); (91) Phlox carolina); MARYLAND REGISTER, VOL 14, ISSUE 6 FRIDAY, MARCH 13,1987 724 PROPOSED ACTION ON REGULATIONS (92) (Phlox glaberrima),- (5) Red-Cockaded Woodpecker (Picoides borealis),- (93) Mountain Phlox (Phlox latifola); (6) Roseate Tern (Sterna -dougallii); (94) Downy Phlox (Phlox pilosa); (77) Greater Prairie Chicken (Tympanuchus cupido) (95) Heart-Leaved Plantain (Plantago cordata); H, The following mammal species are considered endan- (96) Slender Plantain (Plantago pusilla); gered extirpated throughout Maryland. (97) (Poa saltuensis); (1) Gray Wolf (Canis lupus); (98) Clammyweed (Polansia dodecandra); (2) American Elk (Cervus canadensis); (99) America Ipecac (Porteranthus stipulatus),* (3) Eastern Mountain Lion (Felis concolod (100) Redheadgrass (Potamogeton richardsonii); (4) Snowshoe Hare (Lepus americanus),- (101) Robbins'Pondweed (Potamogeton robbinsii); (5) Marten (Mart6 americana). (102) Flatstem Pondweed (Potamogeton zosteriformis); .07 Threatened Species of Wildlife, Reptiles, Amphibi- (103) Pale Mannagrass (Puccinellia pallida); ans, Mollusks, Crustaceans, and Finrish. (104) Awned Mountain-Mint O@vnanthemum setosum); A. Listing Criteria. The following factors shall be consid- (105) Greenish-Flowered Pyrola (Pyrola virens); ered for listing species other than plant species as threat- (106) (Ranunculus hederuceus); ened: (107) Bristly Crowfoot (Ranunculus pensylvanicus), (1) Whether the species has experienced a steady, sub- (108) Awned Meadow-Beauty (Rhexia aristosa), stantial decline in Maryland, and if the decline continues, (109) 71ny-Headed Beakrush (Rhynchospora microce- the species is likely to become endangered; phala), (2) Whether there has been steady, widespread loss of (110) Few-Flowered Beakrush (Rhynchospora rariflora), the species' essential habitat; or (111) Wild Black Currant (Ribes americanum); (3) Whether protection measures already taken have sig- (112) Hairv Wild Petunia (Ruellia humilus), nificantly reduced the chances of the species becoming extir- (113) Purs@'s Ruellia (Ruellia purshiana); pated from Maryland. (114) Slender Marsh Pink (Sabatia campanulata); B. Permits. The permit procedures to be followed are set (115) Lance-Leaved Sabatia (Sabatia difformis); forth in Regulation .03. The following apply: (116) Slender Arrowhead (Sagittaria teres); (1) Except by special permit from the Director a person (117) Shining Willow (Salix lucida), may not take, export, possess, process, sell, offer for sale, de- (118) (Salvia urticifolia); liver, carry, transport or ship by any means any threatened '(119) Hard-Stem Bulrush (Scirpus acutus); wildlife, reptile, amphibian, mollusk, crustacean or finfish (120) Torrey's Clubrush (Scirpus torreyi), species. (121) Shining Nutrush (Scleria nitida); (2) Permits to take threatened species shall be issued (122) Veined Skullcap (Scutellaria nervosa); only for: (123) Small Skullcap (Scutellaria parvula); (a) Scientific research designed to enhance the recov- (124) Sand Blueeyed-Grass (Sisyrinchium arenicola); erv of the species or population; (125) Mountain Goldenrod (Solidago roanensis); (b) Other valid scientific research; or (126) Rock Goldenrod (Solidago rupestris); (127) (Sorghastrum elliottii); (c) Educational purposes designed to further public (128) Indian-Pink (Spigelia marilandica), awareness regarding the species. (129) (Stachys aspera); (3) Incidental taking of a threatened wildlife, reptile, (130) Trailing Stitchwort (Stellaria alsine); amphibian, mollusk, crustacean or finfish species shall be (131) (Tephrosia spicata),- allowed only after the Director has been notified 30 days in (132) Coastal False Asphodel (Tofieldila racemosa); advance of the change in land use or other action by a pri- (133) Auricled Gerardia (Tomanthera auriculata); vate landowner which shall result in the incidental taking. (134) Buffalo Clover (Trifolium reflexurn); The Maryland Forest, Park and Wildlife Service, upon re- (135) (Triglochin striatum); ceipt of the application for an incidental takingpermit from (136) Tall Cornsalad (Valerianella umbilicata); the landowner, shall within 30 days either: (137) Purple Vetch (Vicia americana), (a) Take action to salvage the threatened species; or (138) Wolff tella (Wolffiella floridana). (b) Issue to the landowner an incidental taking per- D. The following fish species are considered endangered mit authorizing the landowner to proceed with the action extirpated throughout Maryland: which will result in the incidental taking of the species. (1) Glassy Darter (Etheostoma vitreum); C. The following species are considered to be threatened (2) Stripeback Darter (Percina notograma); throughout Maryland unless a smaller range is indicated: (3) Trout-Perch (Percops@s omiscomaycus). (1) Crustaceans. Allegheny Cave Amphipod (Stygobro- E. The following amphibian species is considered endan mus allegheniensis). gered extirpated throughout Maryland: Greater Siren (Siren (2) Insects. Rare Skipper 01roblema bulenta). lacertina). (3) Reptiles. F The following reptile species is considered endangered (a) Atlantic Loggerhead Turtle (Caretta caretta); extirpated throughout Maryland: Rainbow Snake (Farancia (b) Atlantic Green Turtle (Chelonia mydas). erytrogramma). (4) Birds. Black Skimmer (Rynchops niger). G. The following bird species are considered endangered .08 Threatened Species ofPlants. extirpated throughout Maryland: A. Listing Criteria. The following factors shall be consid- (1) Bachman @ Sparrow (A imophila aestivalis), ered for listing a plant species as threatened: (2) Ivory Billed Woodpecker (Campephilus principalis); (1) Whether the species has experienced a substantial (3) Lark Sparrow (Chondestes grammacus); decline in Maryland, and if the decline continues, the species (4) Eskimo Curlew (Numenius borealis), is likely to become endangered; MARYLAND REGISTER, VOL 14, ISSUE 6 FRIDAY, MARCH 13,1987 PROPOSED ACTION ON REGULATIONS 725 (2) Whether there has been a steady widespread loss of (a) Scientific research des@gned to enhance the recov- the species' essential habitat; or ery of the species or population; (3) Whether the species has been listed as endangered (b) Other valid scientific research; or but it has been shown that protection measures taken have (c) Educational purposes designed to further public significantly reduced the chances of the species becoming ex- awareness regarding the species. tirpated from Maryland. (3) Incidental taking permits are not required for spe- B. Permits. The permit procedures to be followed are set cies in need of conservation. forth in Regulation .03. The following apply: C. The following species are considered to be in need of (1) Permits shall be issued only for scientific researrh conservation throughout Maryland unless a smaller range is designed to enhance the recovery of the species orpopulation. indicated: (2) A person may not: (1) Insects. King's Hair-streak (Satyrium kingi). (a) Export, possess, process, sell, offer for sale, deliver, (2) Fish. Blackbanded Sunfish (Enneacanthus chaeto- carry, transport, or ship by any means any threatened plant don). species except by a special permit from the Director; (3) Amphibians. Carpenter Frog (Rana virgatipes). (b) Take any threatened plant species from State prop- (4) Reptiles. Map Turtle (Graptemys geographica). erty except by special permit from the Director; and (5) Birds. (c) Take any threatened plant species from private (a) Henslows Sparrow (Ammodramus henslowii), property without the written permission of the landowner. (b) Short-Eared Owl (Asio flarnmeus); C. The following plant species are considered threatened (c) American Bittern (Botaurus lentiginosus); throughout Maryland unless a smaller range is indicated: (d) Sedge Wren (Cistothorus platensis); (1) Single-Headed Pussytoes (Antennaria solitaria); (e) Little Blue Heron (Egretta caerulea); (2) Giant Cane (Arundinaria gigantea); (f) Common Moorhen (Gallinula chloropus); (3) Glade Fern (Athvrium pycnocarpon); (g) American Oystercatcher (Haematopus palliatus), (4) Maryland Bur-Marigold (Bidens bidentoides); (h) Least Bittern (Ixobr-vchas exilis); (5) Button Sedge (Carex bullata),- (i) Black Rail (Laterallus jamaicensis); (6) Shoreline Sedge (Carex hyalinolepis); (j) Swainsons Warbler (Limnothl_@pis swainsonii),- (7) Inflated Sedge (Carex vesicaria); (k) Least Tern (Sterna antillarum). (8) Leatherleaf (Chamaedaphne calyculata),- (6) Mammals. (9) Red Turtlehead (Chelone obliqua); (a) Porcupine (Erethizon dorsatum4- (10) Goldenseal (Hydrastis canadenis); (b) Bobcat (Lynx rutus); (11) Deciduous Holly (Ilex decidua); (c) Least Weasel (Mustela nivalis); (12) Narrow-Leaved Bushclover (Lespedeza angustifo- (d) Small-Footed Bat (Mvotis leibii),- lia); (e) Southeastern Shrew (Sorex longirostris). (13) Wild Lupine (Lupinus perennis); .10 Naturai Heritage Areas. (14) Climbing Fern (Lygodium palmatum); (15) Amerwan Lotus (Nelumbo lutea); A. Listing Criteria. In order to qualify as a natural heri- (16) Red Bay (Persea borbonia); tage area a natural community shall: (17) Pale Green Orchis (Platanthera flava), . (1) Contain one or more @hreatened or endangered spe- (18) Purple Fringeless Orchis (Platanthera peramoena); cies or wildlife species in need of conservation; (19) Spongy Lophotocarpus (Sagittaria calycina); (2) Be a unique blend of geological, hydrological, clima- (20) Engelmann's Arrowhead (Sagitttaria engelmanni- talogical or biological features; and ana); (3) Be considered to be among the best Statewide exam- (21) Northern Pitcher-Plant (Sarracenia purpurea); ples of its kind. (22) Virginia Mallow (Sida hermaphrodita); B. The Forest, Park and Wildlife Service shall prepare (23) Featherbells (Stenanthium gramineum); maps describing the location of all natural heritage areas. (24) Mountain Pimpernel (Taenidia montana); The maps shall be filed in the office of the Director of the (25) Steele's Meadowrue (Thalictrum steeleanum), Forest, Park and Wildlife Service, Department of Natural (26) Kate's-Mountain Clover (Trifolium virginicum), Resources, Thwes State Office Building, Annapolis, AID (27) Dwarf Trillium (Trillium pusillum); 21401. (28) Purple Bladderwort (Utricularia purpurea). C. The following areas are designated natural heritage ar- eas: .09 Species in Need of Conservation. (1) Kasecamp Shale Barrens ......... Allegan), Countv; A. Listing Criteria. The following factors shall be consid- (2) Maple Run ...................... Allegan.), Count@'N,,- ered for listing a species as in need of conservation: (3) Outdoor Club Shale Barrens ...... Allegan v Cou n tv: (1) Whether thepopulation is limited or declining with- (4) SidelingHill Creek ..Allegany, Washington County; in Maryland,- and (5) Cypress Creek Swamp ....... Anne Arundel County: (2) Whether the species may become threatened in the (6) Eagle Hill Bog .............. Anne Arundel Count-,,; foreseeable future, if current trends or conditions perswt. (7) Upper Patuxent B. Permits. The per7nit procedures to be followed are set Marshes. Anne Arundel, Prince George's Count-,.,- forth in Regulation .03. The following apply.- (8) Black Marsh ................... Baltimore Count'v: (1) Except by special permit, a person may not take, ex- (9) Robert E. Lee Park .............. Baltimore Count_v,- port, possess, process, sell, offer for sale, deliver, carry, truns- (10) Camp Roosevelt Cliffs ............ Calvert County.- port, or ship by any means any species in need of conserva- (11) Cove Point Marsh ................ Calvert CountN*: tion. (12) Flag Ponds ...................... Ca I vert Co u n iv: (2) Permits to take species in need of conservation shall (13) Randle Cliff Beach ............... Calvert Count'.-@,- be issued only for.. MARYLAND REGISTER, VOL 14, ISSUE 6 FRIDAY, MARCH 13,1987 726 PROPOSED ACTION ON REGULATIONS (14) Grove Neck ........................ Cecil Coun ty; 11. Types of Economic Impacts. Revenue (15) Plum Creek ........................ Cecil County; Expense Magnitude U 6) Allen's Fresh .................... Charles County, (17) Chicamuxen Creek ............... Charles County; A. On issuing agency: (18) Popes Creek ..................... Charles County; The Department expects an in. (19) Upper Nanjemoy Creek ........... Charles Coun crease in workload as a result of ty; the deletion of certain exemp- (20) Chicone Creek ................ Dorchester County; tions. $141,000 (21) Mill Creek .................... Dorchester County; B. On other State or local (22) Savanna Lake ................ Dorchester Gounty; agencies affected: Additional cost to prepare sub- (23) Upper Black water River ....... Dorchester County; mittals to the Department for re- (24) Upper Nanticoke River, Marshes view and approval. Indeterminable. and Swamps ...... Dorrhester, WicomicaCounty; Depends on (25) High Rock ...................... Garrett County; amount of (26) ToliverRun ..................... Garrett County; applications received from (27) Great Falls ................. Montgomery County; other agencies. (28) Irish Grove .................... Somerset County; C. On regulated industries or (29) Hickory Point Cypress Swamp ... Worcester County; trade groups: (30) Lower Nassawango Creek ....... Worcester County, 1. Additional cost to prepare engineered submittals to the (31) Mattaponi .................... Worcester County; Department for review and ap- (32) North Sinepuxent Bay Dunes .... Worcester County. proval. $500,000 2. Cost to persons obtaining .11 Violation ofRegulations. a permit due to processing Violation of these regulations is a misdemeanor punish- time. $87,250 able under Natural Resources Articles, ��10-2A-07, 10-1101 3. Time delav for those proj- ects that require an adminis- et seq.. 4-2A-07, and 4-1201 et seq., Annotated Code of Mary- trative opportunity for a pub- land. lic hearing. $105,000 D. On other industries or trade groups affected: TORREY C. BROWN, M.D Certain delays in starting the Secretary of Natural Resources intended works may be incurred to the permit applicant as a re- sult of the regulatory process. These delays could be borne by trade groups or subcontractors as a result of scheduling prob- Subtitle 05 WATER RESOURCES lems. Determined on ADMINISTRATION a case-by-case basis but could result in lost 08-05.03 Construction on Non-Tidal Waters earnings to and Floodplains E. Direct and indirect effects trade groups. Authoritv: Natural Resources Article ��&-801 thru 8-814, on public: (4-) Could be very Annotated Code of Maryland large. III. Assumptions. (Identified by Impact Utter and Number Notice of Proposed Action from Section 11): (87-060-P) A. A 20 percent increase in applications received is anticipated which would bring the total number of files reviewed by WRA to The Secretary of Natural Resources proposes to amend 1,200 yearly. Each engineer reviews an average of 174 files per year Regulation .03 under COMAR 08.05.03 Construction on and an inspector inspects an average of 72 water-way permit proj- Non-Tidal Waters and Floodplains. The purpose of this ects yearly. Based upon the current staff available, it is projected amendment is to delete certain exemptions for projects in that 1 engineering and 2 inspector positions will be required. B. An estimated expense to other State and local agencies would environmentally sensitive areas of the State's waterways. be based upon the time and material required to prepare permit applications. Estimate of Economic Impact C.I. Given an estimated increase in permit applications of 200 I. Summary of Economic Impact. Natural Resources Article, per year, an estimated project cost of $25,000, and an average appli- �8-803, Annotated Code of Maryland, requires that any person cation preparation fee of 10 percent of the project cost. wishing to change in any manner the course, current, or C.2. This cost is based on a minimum time to obtain a permit of cross-section of any stream or body of water, first obtain a permit one month and interest of 12 percent per annum on an average from the Department. Permits are obtained following the submittal project cost of $25,000. of an application and accompanying documentation prescribed in C.3. This cost is based on a minimum time delay of 2 additional COMAR. Regulations governing these activities have existed since months in permit processing time due to an expected 50 percent the 1930's and have been amended from time-to-time in order to increase in the number of applications received. Also included is an keep pace with goals and objectives of the Department of Natural average hearing notice publication cost of $100 per permit. Resources. The regulatory changes proposed at this time are neces- D. Depending on the amount of detailed submittals required for sary in order to incorporate those items the General Assembly rec- a particular project, time delays will result to the construction in- ognized as necessary in order to preserve and enhance the quality dustry. In addition, improper implementation of the construction of the State's water resources as they relate to the Chesapeake Bay. drawings, which cannot be anticipated, can result in time delays to the contractor. MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987 z J - - - 3- 6668 14103 2781- - 9 c I - - i@-. I