Management plans for significant plant and wildlife habitat areas in Worcester County final report

[From the U.S. Government Printing Office, www.gpo.gov]

MANAGEMENT PLANS
FOR SIGNIFICANT
IJ PLANT AND WILDLIFE
MARYLAND HABITAT AREAS
NATURAL OF. MARYLAND"S
HERITAGE
EASTERN SHORE:
PROGRAM
WORCESTER COUNTY

Prepared by
.J. Christopher Ludwig
Katharine McCarthy
Abigail Rome
R. Wayne Tyndall

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MANAGEMENT PROGRAMS FOR
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SIGNIFICANT PLANT AND WILDLIFE HABITAT AREAS
IN WORCESTER COUN;@@

FINAL REPORT

SUBMITTED TO:

Coastal Resources Division
Tidewater Administration
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SUBMITTED BY:

J. Christopher Ludwig
Katharine McCarthy
Abigail Rome
R. Wayne Tyndall
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Maryland Natural Heritage Program
Forest, Park and Wildlife Service
Department of Natural Resources

Funding Source: 30.01.12.003.029

NOVEMBER 30, 1987

Preparation of this report was partially
funded by the office of Ocean and Coastal
Resources Management National Oceanic
and Atmospheric Administration

MANAGEMENT PROGRAMS FOR SIGNIFICANT
PLANT AND WILDLIFE HABITAT AREAS IN WORCESTER COUNTY

CONTENTS

INTRODUCTION ............................................... 1

SECTION 1: Procedures of site selection, methods of protection
implementation, and the long-term framework established

Introduction .......................................... 3
Site identification ................................... 3
Field inventory ....................................... 5
Selecting sites for protection ........................ 5
Site protection implementation methods ................ 6
Long-term framework ................................... 9

SECTION 2: Protection Area Summaries
Introduction .......................................... 10
County map ............................................ 14
Protection Area Summaries
Campground Branch ................................ 16
Colbourne Powerline .............................. 18
Dividing Creek Ponds ............................. 20
E.A. Vaughn WMA Woodland ........................ 23
Forest Lane ...................................... 25
Furnace .......................................... 27
Furnace Road Powerline . .......................... 30
Hancock Creek .................................... 33
Little Mill Run .................................. 35
Mt. Olive Church Road ............................ 38
Oak Hall Road Powerline .......................... 41
Pawpaw Creek ..................................... 43
Pikes Creek ...................................... 46
Porter Neck ...................................... 48
Powell Creek ....... 51
Spearin Road Powerline ..... .... 53
Sturges Creek Powerline .......................... 56
Tanhouse Creek ................................... 59
West Ocean City Pond ............................. 61

REFERENCES ................................................. 63

APPENDIX A: Regulations under COMAR .08.03.08 Threatened
and Endangered Species

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 Geographic Areas of Particular Concern
(GAPC) and Areas for Preservation and Restoration (APR)
requirements of the Federal Coastal Zone Management Act. 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."

To accomplish this task, a contract was awarded to the
Maryland Natural Heritage Program, a 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 Shore.

By January 1987, the Coastal Resources Division and the
Maryland Natural Heritage Program established specific objectives
to accomplish the project on Maryland's Eastern Shore, from Kent
County south. These objectives were:

1. identify criteria for the selection of significant
plant and wildlife habitat areas, and conduct a field
inventory of selected areas;

2. undertake field inventory of areas identified in
existing studies and data files of the Maryland Natural
Heritage Program that are likely to be of habitat
significance, in order to identify species and habitats
associated with each site;

3. determine threats to each area and determine management
mechanisms for protecting the integrity of such areas;

4. determine appropriate boundaries for each site
including needed buffer areas; and

5. collect other locational information pertinent to the
application of management mechanisms for a particular
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.

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.

SECTION 1

Procedures of Site Selection, Methods of Protection
Implementation, and the Long-term Framework Established
by this Prolect

INTRODUCTION:

This section provides all technical information on the
project procedures from the planning stages, when habitat areas
were selected for field checking, 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:

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 species could be identified accurately
according to the taxonomic and phenological data.

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,
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 species could be
accurately identified according to phenological
and taxonomic information.

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 2 wetland communities;

ii. For 10- to 100-acre complexes, presence
of at least 4 wetland communities; or

iii. For complexes greater than 100 acres,
presence of at least 6 communities.

b. Seasonal Ponds: wetlands occurring mainly on
Pocomoke soils in centripetally-drained,
seasonally flooded basins dominated by
Walter's Sedge (Carex walteriana) or Twigrush
(Cladium mariscoides).

C. Bogs: highly acidic wetlands characterized
by highly organic soils and/or Sphagnu .

d. Palustrine Forested Deciduous Wetlands (PF01)
with at least one of the following
characteristics:

i. Seeps

ii. Vernal pools

iii. Well-developed stratification

e. Palustrine Forested Evergreen Wetlands (PF04)
dominated by Bald Cypress (Taxodium
distichum), or Atlantic White Cedar
(Chamaecyparis thvoides).

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 the 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 a number of criteria which were assessed
during the field inventory. These criteria are as follows:

1. Site contains species which 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. The presence of recent disturbances
which will change the current character of the
site by diminishing its natural ecologic balance
may be reason to exclude a site from selection.

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
actions (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. Anticipated future land-use must not conflict with
protection of the habitat.

7. Ecologic, scenic, or historic values other than
,those related to rare species and habitat
protection may be present.

SITE PROTECTION IMPLEMENTATION METHODS:

This section will be used in 1988 for the implementat ion of
site protection. 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 available confer varying degrees of protection security
and of landowner control. They range from designations which
afford no legal protection to acquisition*by a conservation
organization. The following list describes the available options
and the degree of protection which they provide. Because the
significance and consequences of each mechanism varies, some
sites may receive simultaneous protection from more than one
type.

'Natural,area protection may be accomplished by a number of
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 which can either protect lands on their own or
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 promote 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. 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 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 his property until his
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 .08.03.03 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.

LONG-TERM FRAMEWORK:

This project provides a foundation for tasks to begin in
1988. These tasks, described below, involve the further
identification and protection of significant habitats within the
coastal zone.

Next year, the methodology developed in this project will be
utilized to continue the identification of significant plant and
wildlife habitats in coastal counties west of the Chesapeake Bay.
Protection Area Summaries identical in format to those used in
1987 will be completed for significant sites. Three counties,
Baltimore, Harford, and Prince Georges have hired personnel (with
the assistance of the Coastal Resources Division) to help
complete this task in their counties.

Additionally, 1988 will mark the beginning of site
protection implementation. Those areas identified in 1987 are
now candidates for protection, and efforts will begin to insure
that each site is protected. The effort required to afford
protection to each site is great, and this task should continue
into the 1990's. Significant areas identified in 1988 will also
become candidates. It is important to note that many additional
sites will be identified on Maryland's Eastern Shore, and these
areas can and will be protected within the framework of this
project.

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 will
be 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 Quad(s) - Identifies the United States Geological Survey
topographic map(s) on which the protection area occurs.

SUMMARY OF ECOLOGICAL SIGNIFICANCE - the major reasons for
protecting the site are summarized. This section, along with the
following element summary table, describes the key ecologic
significance of the protection area.

Both the rare species and habitat are considered
significant. For some of the protection areas the habitat is
described in this section. In others, rare plants or animals may
be listed and their status with the State is given. In some
cases, only the most endangered species are mentioned here,
leaving the others to be mentioned in the element summary table.

ELEMENT SUMMARY TABLE - Each of the rare species currently known
to occur at the site is listed. The scientific name is given
along with the common name. In some cases, no common name was
assigned to the species; therefore, only the scientific name is
used.

The Maryland Natural Heritage Program has assigned all the
rare species a rank based on their status nationally, within the
region, or within the State. In addition, many of these species
have been listed in the revised Department of Natural Resource's
Regulations-.01 - .11 under COMAR .08.03.08 Threatened and

Endangered Species. The Status column of the Element Summary
Table gives the listing category for these species as designated
in the Regulations. Three possible categories were designated:

Endangered - any species whose continued existence as a
viable component of the State's flora or fauna is
determined to be in jeopardy including any species
determined to be an "Endangered Species" pursuant to
the U.S. Endangered Species Act of 1973, 16 U.S.C.
1531-1543.

Threatened - any species of flora or fauna that appears
likely, within the foreseeable future, to become
endangered including any species determined to be a
"Threatened Species" pursuant to the U.S.
Endangered Species Act of 1973, 16 U.S.C. 1531-1543.

In Need of Conservation - any wildlife species determined by
the Secretary of Natural Resources to be in need of
conservation measures for its continued ability to
sustain itself successfully.

For those species that were not listed in COMAR .08.03.08, the
Natural Heritage Program rank is given. The following terms are
used:

Regionally Rare - in danger of extinction in Maryland and
rare throughout all or most areas of surrounding
states.

Highly State Rare - in immediate danger of extinction in
Maryland.

State Rare in danger of extinction in Maryland.

Watchlist believed secure in Maryland but populations are
uncommon, local or seriously declining.

Note that species listed in the Regulations are not necessarily
rarer than those species that are not listed but are ranked by
the Natural Heritage Program. These unlisted species, many of
which are quite rare, are currently under consideration for
listing in the Department's Threatened and Endangered Species
Regulations.

OTHER SIGNIFICANCE AND VALUES - This section describes other
important aspects of the protection area. Often the habitat is
the focus because the habitat in which most rare species are
found is also rare.

The value of the,protection area to wildlife and for
ecosystem maintenance may also 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
naturally functioning ecosystem processes.

Many of the proposed protection areas are adjacent to or
part of designated management areas. They may overlap with or
abut upon State Forests or Parks, state Scenic Rivers, Natural
Heritage Areas or Nature Conservancy protection areas. 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,
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.

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 may be included
as buffer. Surrounding forest may be designated for many
reasons. These include maintaining canopy cover to prevent the
invasion of weedy or exotic species, stabilizing soils to prevent
sedimentation of waterways, filtering out chemicals or excess
nutrients, and maintaining hydrology.

The delineation of buffers varies depending on the habitat,
surrounding land use, protection of the species and its habitat,
local hydrology, and possible future threats. Reasonable and
effective buffers were determined after careful consideration of
these factors.

Maps 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 of the natural communities is
discussed and its relationship to surrounding communities is
described. In addition, 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 Design summary except when no common name is
available. When a specific species is named, the common name is
capitalized.

WORCESTER COUNTY

Fenwick
17 Island
@36 F7 5
6 Bishop 3
61 11
Wh lleysville Showell /?"' Qi
Ocean
ine 91) 0, Isle 2'@
St. Martin 1-- of 11
3 1 2 58 Wightf 528
Jones ZI
1 2 2 2 Taylor Me
452 0 "f"" '-'
7 56 3 R..,,--,,y
' (- 7@@ j OCEAN CITY
Berlin See Enlargement
Libertytown
374 3 376 611
F"411.111.1
Whiton Ironsh 2 SINEPUKENT BAY
2 W.A4 .A.
Colbourne 6 11
L(5nj?, ridge. 0% 6 113
" el
Basket 16
Foco@@CKE 5 3 Switch 2 Newark 4 'ASSATEAGUE

As ateague
",.a S"ate Prk
354 esley 3 South Pt,
Whitesburg 3
STATE 0 Snow Hill ISLAND
See Enlar nt 2
A
,1 394 36 Spence
16@ 1 . I Public Landing
ST "'POCOMOK NATIONAL
RI@VFR to had
ftlb- 4 Loading 4
L.ad'@u STATE, I I_ Area
364 Are.
PARK 13 3
'A Girdletree SEASHORE
13 3 2 Bayview
C 0-0@' N@'
P" 11, W?AA Goodwill qr@'
I Q
P 36 E.A. VAUGHN
ocorriole I
W-M,A.0
I-- City @7i 4 3 2 3
i Stockton
kRehobeth orge Is
2 n d !-Mg
12,
Beaverdam 0

SCALE

6 12 MILES

0 10 20 KILOMETERS
Locations of Protection Areas of significant habitat
(See page 15 for Protection Area names corresponding,
to numbers given above.)

WORCESTER COUNTY: Protection Area Locations

Site on
Protection Area County Map

Campground Branch ................................ 10
Colbourne Powerline .............................. 4
Dividing creek Ponds .............................. 11
E.A. Vaughn WMA Woodland ......................... 15
Forest Lane ...................................... 7
Furnace .......................................... 9
Furnace Road Powerline . .......................... 8
Hancock Creek .................................... 17
Little Mill Run .................................. 18
Mt. Olive Church Road ....................... 6
Oak Hall Road Powerline ..................... 12'
Pawpaw Creek ..................................... 13
Pikes Creek ...................................... 16
Porter Neck ................................. 5
Powell Creek ...... 19
Spearin Road 2
Sturges Creek Powerline .......................... 3
Tanhouse Creek ................................... 14
West Ocean City Pond ............................. 1

PROTECTION AREA SUMMARY

Protection Area Name: Campground Branch

County: Worcester USGS Quad: Public Landing

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This bottomland hardwood forest contains three plant species
that are rare in Maryland, including two State Endangered
Species, Joor's Sedge (Carex Joorii) and Short-bristled
Hornedrush (Rhynchospora corniculata). Each of these two species
is known from fewer than ten sites in Maryland, and none of these
sites is protected. In addition, Overcup, Oak (Quercus lyrata), a
Watch List Species, is a common species in this protection area.

ELEMENT SUMMARY.TABLE:

Element Name Common Name Status

Carex loorii Joor's Sedge Endangered

Rhynchospora Short-bristled Endangered
corniculata Hornedrush

Ouercus lyrata Overcup Oak Watch List

OTHER VALUES AND SIGNIFICANCE:

This swamp forest is an excellent example of the now
uncommon mature bottomland hardwood forest. Many of the Red
Maples and oaks are quite large. Because such trees are usually
harvested before they reach this size, old growth forest
communities are becoming increasingly difficult to find in
Maryland. old growth provides habitat for specialized birds and
insects which require dead or aging trees for food and shelter.

Because the forest is old and the only disturbance has been
natural blowdown, the trees are well spaced. The canopy is
broken in a number of places bringing in light, which, along with
a fairly open understory, makes it an unusual habitat.

THREATS AND MANAGEMENT NEEDS:

Threats

The major threat to this protection area is forest cutting.
The trees are large, and because many of them are oaks they would
provide valuable timber. Any logging activity would destroy the

high quality of this mature forest. Non-native, weedy species
invade the disturbed canopy openings often to the exclusion of
native plants. In addition, logging practices often alter local
hydrology, which alters the species composition of the wetland.

A second threat comes from nearby agricultural lands.
Fertilizers, farm chemicals, and weedy, non-native plants that
invade cultivated fields must be prevented from impinging upon
the swamp forest. Such pollutants and plant invaders could
endanger the health of the more fragile species.

Management Needs

Forest cutting and hydrologic alteration should be
prohibited within the protection area boundary. Plans for
.ditching or drainage of land surrounding the protection area
should be reviewed for potential effects on the rare species'
populations.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes the floodplain south
of Scotland Road and downstream to Double Bridges Road. This is
the portion of the creek which contains old growth forest and the
rare sedges. A forested zone on either side of the floodplain is
included as buffer and as habitat for forest interior dwelling
wildlife. It extends to the crest of the surrounding upland.
The creek's headwaters and tributaries are also protected by a
forested buffer, ensuring high water quality downstream.

SITE DESCRIPTION SUMMARY:

This 230 acre protection area encompasses the floodplain of
Campground Branch near its headwaters. At its origins, the creek
flows in a southerly direction, but it soon turns and flows
northward. It passes through two culverts under Scotland Road.
The bottomland is about 300 ft. wide and lies 10 ft. below.the
surrounding upland. The swamp forest is dominated by mature
hardwoods, including Overcup Oak, Basket Oak and Red Maple. The
trees are large and well spaced, creating an open forest.
Understory vegetation consists of fetterbush and blueberry
shrubs, several species of fern (which are quite dense in some
places), and patches of grasses and sedges. The two State
Endangered Species of sedges are located in forest openings
created by natural tree blowdowns.

Prepared by: Abigail Rome

Date: August 1987

PROTECTION AREA SUMMARY

Protection Area Name: Colbourne Powerline

County: Worcester USGS Quad: Wango

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Colbourne Powerline right-of-way supports three plant
species which are rare in Maryland, including two State
Endangered Species. Rhynchosia tomentosa is found at a total of
four sites and the combined total of these populations numbers
fewer than 60 plants. Awned Mountain-mint (Pvcnanthemum setosum)
was, until this year, thought to have been extirpated from
Maryland. It was recently rediscovered at four other sites. A
third plant, Pink Milkwort (Polygala incarnata), is a Watch List
Species.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Pycnanthemum setosum Awned Mountain-mint Endangered

Rhynchosia tomentosa Endangered

Polygala incarnata Pink Milkwort Watch List

OTHER VALUES AND SIGNIFICANCE:

Powerline right-of-ways have become significant habitat for
a large number of threatened and endangered plant species.
Powerline maintenance practices sustain an open canopy.
Historically, the major sources of natural forest canopy removal
were forest fire and beaver activity. However, natural forest
openings are now uncommon due to modern fire suppression
practices, and the beaver populations on the Eastern Shore have
been decimated.

THREATS AND MANAGEMENT NEEDS:

Threats

If current management practices remain in place, then
serious threats to this area are not anticipated. Minor threats
include the invasion of non-native weed species and damage to
plants by vehicle traffic.

Management Needs

Current powerline maintenance practices appear to favor the
rare plants. However, more information on the effects of
powerline maintenance on rare plant populations is needed.
Future studies may offer more specific recommendations.

one precaution which should be taken now and which should be
included in a management agreement with the utility company
concerns heavy vehicle traffic. The use of trucks or motorized
vehicles should be reduced within the area inhabited by rare
species.

BOUNDARY RECOMMENDATIONS:

The protection area boundary incorporates the powerline
right-of-way from The Nature Conservancy's Nassawango Creek
Protection Area boundary line (about 500 ft. east of the creek)
east to Mt. Olive Church Road. This area includes plant habitat
for the three rare species seen here. It also includes forested
buffer on either side of the powerline opening. By maintaining
the forest cover adjacent to the right-of-way, the plants will be
insulated from changes in surrounding land-use.

SITE DESCRIPTION SUMMARY:

Colbourne Powerline Protection Area encompasses 85 acres in
a Delmarva Power and Light Company right-of-way which is oriented
in a northwest-southeast direction across Nassawango Creek. It
consists of mostly dry uplands with a sandy substrate. Dominant
vegetation is a mixture of legumes, Joe-pye-weeds, sunflowers,
grasses and hair-cap moss, as well as small trees and shrubs.
The latter include Red Maple, several oak species, blueberry,
Sweet Gum, and hollies, which are kept under control by herbicide
application. In one area, the topography dips slightly and a
dense cat-tail and sedge dominated swale occurs. Several narrow,
shallow ditches also traverse the upland area of the right-of-
way, producing localized, wetter conditions.

The surrounding forest is generally mixed pines and
hardwoods, with occasional areas dominated by pine. Dirt roads
cross the powerline in at least two spots, while forest trails,
some of which are used by hunters, lead to and from the right-of-
way.

Prepared by: Abigail Rome

Date: July 1987

PROTECTION AREA SUMMARY

Protection Area Name: Dividing Creek Ponds

County: Worcester USGS Quad: Dividing Creek

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

Dividing Creek Ponds Protection Area contains two seasonal
ponds. Seasonal ponds are now the only natural, herbaceous, non-
riverine, freshwater wetlands left on the coastal plain. Because
they are hydrologically connected to the groundwater, water
levels vary both seasonally and annually, causing fluctuations in
plant species and cover. once quite abundant on the Delmarva
peninsula, many similar ponds have been drained for agricultural
purposes.

Dividing Creek Pond is an unusually large seasonal pond,
about 3 acres in area. Late in the growing season when the pond
has dried, six rare herbaceous plants can be seen. Four of
these, Six-stamened Cutgrass (Leersia hexandra), Thread-leaved
Beakrush (Rhynchospora filifolia), Canby's Lobelia (Lobelia
canbvi), and Pink Bog-button (Sclerolepis uniflora) are State
Endangered, and in the case of the first two species, these are
the only known populations in Maryland. Two other plants,
Clustered Bluets (Oldenlandia uniflora) and Reticulated Nutrush
(Scleria reticularis), considered Highly State Rare, are also
found here.

A second smaller pond, Dividing Creek Ditch Pond, is located
to the north of the first and also contains Canby's Lobelia.
Further survey may produce evidence of other rare species.

ELEMENT SUMMARY TABLE:

Element Name Common Name Rank.

Leersia hexandra Six-stamened Cutgrass Endangered

Lobelia canbvi Canby's Lobelia Endangered

Rhynchospora filifolia Thread-leaved Beakrush Endangered

Sclerolepis uniflora Pink Bog-button Endangered

Oldenlandia uniflora Clustered Bluets Highly
State Rare

Scleria reticularis Reticulated Nutrush Highly
State Rare

OTHER VALUES AND SIGNIFICANCE:

The forested wetlands surrounded by mature pine forest
provide essential habitat for forest interior breeding birds.
Old growth conditions are rare in Maryland and have a multitude
of values for wildlife.

The presence of two hydrologically different seasonal ponds,
in close proximity, which harbor similar rare plants, makes this
protection area a good site for monitoring and ecological
research of rare species.

THREATS AND MANAGEMENT NEEDS:

Threats

At the northern edge of the larger pond is an old slightly
overgrown ditch, evidently excavated in order to drain the pond
so that pines could be planted for forestry purposes. The ditch
runs about 300 yds. and ends where a slight downhill slope allows
natural runoff. The presence of water in the ditch in late April
indicates that the ditch continues to drain the pond. Continued
outflow of water could cause the pond to dry to the extent that
woody species could invade and outcompete the rare plants.

Cutting of the surrounding second growth mature forest would
threaten the ponds' flora by increasing ambient light. This
would promote the establishment of non-native, weedy species.
Rutting and ditching brought about by heavy equipment used in
timber operations could also affect the local hydrology, causing
the ponds to dry more quickly and allow woody species to
establish.

Management Needs

A management agreement with State Forest personnel should be
promulgated to ensure that any activities which affect the forest
cover and hydrologic regime are avoided.

Because the populations of rare plants are small, monitoring
is recommended. optimal growing conditions could then be
determined and further management could be directed towards
providing increased habitat to stabilize populations.

BOUNDARY RECOMMENDATIONS:

The protection area boundary is drawn to include both ponds
and a buffer around them. This buffer extends to the crest of the
uplands in the State Forest. It protects the majority of the
forested land which drains into the ponds and so ensures high
water quality from local runoff. The protection of both the open
deciduous forest in the pond as well as the denser pine forest on

the uplands also provides a diversity of forested habitats for
wildlife species.

SITE DESCRIPTION SUMMARY:

This 150 acre protection area is designated to conserve two
slightly different seasonal ponds. Dividing Creek Pond is a 3-
acre non-tidal wetland which has up to four ft. of water in the
winter but which often dries completely by the end of the growing
season. For most of the year, the dominant vegetation is broad-
leaved deciduous trees - Red Maple, Sweet Gum, and Blackgum. The
majority of herbaceous plants appear only late in the season
after drawdown. Dominant plants include Carex sedges,
bullrushes, grasses, and young Buttonbush. The surrounding
upland is pine forest containing wetland hardwoods such as Water
Oak, Sweet Gum and Sweetbay Magnolia. There is an understory of
shrubs but little herbaceous cover.

Dividing Creek Ditch Pond is less than one acre in size and
is located to the north. From the dirt road which runs between
the two ponds it appears as a ditch (a result of man-made
interferences) but it widens out to the north. It is lined with
shrubs, some of which extend into the middle of the pond.
Grasses, sedges and other emergent vegetation are conspicuous
after the pond dries, usually in summer. Surrounding vegetation
in the upland consists of a 15 20 year old Loblolly Pine
forest.

Prepared by: Abigail Rome

Date: May 1987

PROTECTION AREA SUMMARY

Protection Area Name: E. A. Vaughn WMA Woodland

County: Worcester USGS Quad: Girdletree

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The E. A. Vaughn WMA Woodland Protection Area contains a
large, mature, deciduous forest and swamp with one of five large
stable populations of Dwarf Trillium (Trillium pusillum) known in
Maryland. This species of Trillium is Threatened in Maryland, is
known from fewer than 50 sites worldwide, and is under
consideration by the U.S. Fish and Wildlife Service as a
Federally Endangered Species.

Like other areas with Dwarf Trillium, the forest supports
many species which are otherwise very uncommon on the lower
Delmarva peninsula.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Trillium pusillum Dwarf Trillium Threatened

OTHER VALUES AND SIGNIFICANCE:

The upland, old growth forest and adjacent bottomland
hardwood forest provide diverse habitats for forest interior
dwelling birds, reptiles, and amphibians.

THREATS AND MANAGEMENT NEEDS:

Threats

Logging within the protection area boundary is the biggest
threat to the Trillium at this site. If logging occurs upstream,
hydrological disturbance to the stream could be detrimental.
Logging the upland buffer will allow weed species to threaten the
Trillium. Logging within the population boundary will physically
destroy Trillium plants.

Management Needs

If logging is avoided, no special management is needed to
.protect the site. The size and reproductive success.of the
Trillium population should be monitored.

BOUNDARY RECOMMENDATIONS:

The protection area boundary contains the entire population
of Dwarf Trillium, the upstream forested areas, and the adjacent
uplands as buffer. Within this boundary, active disturbances and
the threats mentioned above should be avoided.

SITE DESCRIPTION SUMMARY:

This 65 acre area is along the east side of Rte. 12, along
the south fork of Scarboro Creek. Thousands of Dwarf Trillium
are found within 100 yds. of the road and extend downstream 500
yds., always within 50 yds. of the forested bottomland. Old
growth forest is adjacent to the forested bottomland, but has
been clearcut in one section north of the stream 500 yds. from
Rte. 12. Tulip Tree is abundant near the stream and less common
on the upland, where oaks and Loblolly Pine are more common.
Vernal pools occur in some sections of the upland forest.

Prepared by: J. Christopher Ludwig

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: Forest Lane

County: Worcester USGS Quad: Snow Hill

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This protection area contains two plants and an animal
considered rare in Maryland. Aster-like Boltonia (Boltonia
asteroides) is a State Endangered Species known from just three
other sites in Maryland. The number of plants here nearly equals
the number at the other three sites combined. Clustered Bluets
(Oldenlandia uniflora), considered State Rare, is also found
here. Carpenter Frog (Rana virgatipes), a Species In Need Of
Conservation, also inhabits this protection area.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Boltonia asteroides Aster-like Boltonia Endangered

Rana virgatipes Carpenter Frog In Need of
Conservation

Oldenlandia uniflora Clustered Bluets State Rare

THREATS AND MANAGEMENT NEEDS:

Threats

The location of these plants in and adjacent to drainage
ditches along a road poses serious threats to their viability.
In the case of the Boltonia, continued roadside mowing will
inhibit reproduction and prevent population growth. Because
these plants grow along the edges of the ditches, they are also
susceptible to being buried under spoil when the ditches are
redredged. The Clustered Bluets are found in one of the ditches
and, in addition to excessive mechanical disturbance, they are
threatened by the agricultural runoff which inundates them each
spring. Herbicides, pesticides and fertilizers drain directly
from the fields into a culvert which empties onto the plants.

Management Needs

As long as agricultural runoff is directed into the culvert
which supports these rare plants, excessive use of herbicides,
pesticides, and fertilizers should be avoided.

Management agreements with county roadside maintenance crews
must be implemented in order to ensure the continued survival of
the Boltonia population. Mowing should be conducted only early
in the season before the plants appear or late in the year when
reproduction has finished. Redigging of ditches should be
avoided in the rare plant habitat.

BOUNDARY RECOMMENDATIONS:

The protection area is comprised of the rare plant habitat
and a buffer to the north. This buffer consists of agricultural
fields which drain into the rare plant habitat. It should be
managed to protect the rare plants. To the south and west, the
protection area includes a wetland forest which is hydrologically
associated with the open roadside community, and which serves as
rare animal habitat.

SITE DESCRIPTION SUMMARY:

This 27 acre protection area encompasses a roadside swamp
forest dominated by Red Maple and Sweet Gum in the canopy and
sedges and sphagnum moss in the understory. It is here that the
Carpenter Frog makes its home. A small electric utility line
runs through the center of the protection area, at an angle of
about 450 to the road, and is maintained as a powerline right-of-
way. The rare plant species occur about 10 ft. from the road, in
and adjacent to a drainage ditch which receives water through a
culvert. The flow originates in a soybean field on the other
side of the road. The site is dominated by roadside weeds such
as Common Tickseed Sunflower, Large-flowered Partridge Pea,
Ragweed, grasses, and rushes. Shrub and tree growth are
inhibited by roadside mowing on one side and utility line
maintenance on the other.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: Abigail Rome

Date: September 1987

PROTECTION AREA SUMMARY

Protection Area Name: Furnace

County: Worcester USGS Quad: Snow Hill

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Furnace Protection Area contains one of Maryland's best
examples of a relatively undisturbed dry forest over Lakeland
soils. These soils are one of the sandiest on the Delmarva
peninsula, providing habitat suitable only to certain specialized
plants. Shrub cover is naturally low, and tree'growth is slow
due to the sterility and low water holding capacity of the soil.
Many of the rare herbaceous plants are found in disturbed areas.
These rare species are uniquely adapted to early successional
stages and to the dry, sterile soils.

This is the only State location for Wooly Three-awn
(Aristida lanosa) and one of two Maryland sites for Pineland
Tick-trefoil (Desmodium strictum). Both species are recognized
as Endangered by the State.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Aristida lanosa Woolly Three-awn Endangered

Desmodium strictum Pineland Tick-trefoil Endangered

Lespedeza stuevei Downy Bushclover Endangered

Solidago speciosa Showy Goldenrod Endangered

Lupinus perennis Wild.Lupine Threatened

Panicum commonsianum Commons' Panicgrass Highly State
Rare

Trichostema setaceum Narrow-leaved Bluecurls Highly State
Rare

Cyperus retrofractus Rough Cyperus Highly State
Rare

Cyperus gravii Asa Gray's Cyperus Watch List

Vitis rotundifolia Round-leaved Grape Watch List

OTHER VALUES AND SIGNIFICANCE:

Adjacent landowners would benefit from preservation of this
protection area. The Nature Conservancy owns and maintains the
Nassawango Creek Preserve, adjacent to the Furnace Protection
Area's eastern border. The watershed of Nassawango Creek would
be buffered by this new protection area. The Furnace Town
Foundation would also benefit because protection of this area
would insure that land adjacent to their historical park would
remain in a condition consistent with the early settlement
atmosphere of the park.

THREATS AND MANAGEMENT NEEDS:

Threats

A potential threat to many of the rare species populations
is the paving of Millville Road. Since many of these species
require disturbance, they colonize the sandy shoulders of
Millville Road. Paving would immediately eliminate these plants,.
and allow non-native weeds to colonize the new road shoulders.
It would be difficult, if not impossible, for the rare native
species to recolonize, the new road shoulders, particularly in the
brighter areas where non-native species flourish.

Management Needs

No active management is required at this time. However, a
monitoring program should be established to examine the rare
native plant and invasive weed populations. Management
agreements with road maintenance crews should be implemented to
protect the rare plants.

BOUNDARY RECOMMENDATIONS:

The protection area boundary encompasses all rare species
populations and a buffer area on Lakeland soils. The Nature
Conservancy land and part of the Furnace Town Foundation land are
not included in this protection area because the management
practices and land-use policies are already consistent with the
protection of the area.

SITE DESCRIPTION SUMMARY:

The focus of this 400 acre protection area is a large
woodland in various stages of succession. The entire protection
area is located on sandy uplands where low water holding capacity
and sterile soils limit shrub growth and thin tree cover.
Woodland areas include:

1. 50 year scrub pine/oak - upland and upper slope

2. 10 year pine plantation - upland
3. 10 year pine/oak - upland and upper slope

Transecting the protection area are two roads which
intersect at Furnace, a 10-acre historical park with a few
buildings and a parking lot. The road running east/west, Furnace
Road, is paved and has few rare species along the roadside. The
north/south road, Millville Road, is unpaved and sandy. The
majority of rare species occur within 10 ft. of this road on both
sides. Non-native weeds are abundant along Furnace Road, and are
also found near Furnace along Millville Road. Where weeds are
present, rare species are less common or absent.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: J. Christopher Ludwig

Date: October 1987

PROTECTION AREA SUMMARY

Protection Area Name: Furnace Road Powerline

County: Worcester USGS Quad: Dividing Creek

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Furnace Road Powerline is kept free of woody species
through active management. This open habitat has boggy emergent
wetlands and upland meadows where fifteen rare species occur (see
list below). In pre-settlement history, fires and floods created
and maintained these communities. Since natural causes have been
artificially suppressed, powerline right-of-ways provide some of
the only habitat for species that require open conditions.

In a dry, forested area adjacent to the powerlines, small
fires have eliminated shrubs and thinned trees so that much light
reaches the forest floor. Commons' Panicgrass (Panicum
commonsianum) and Few-flowered Panicgrass (Panicum oligosanthes),
both Highly State Rare, occur here. This habitat type is now
rare due to active fire suppression.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Desmodium strictum Pineland Tick-trefoil Endangered

Rhynchospora microcephala Tiny-headed Breakrush Endangered

Lespedeza angustifolia Narrow-leaved Bushclover Threatened,

Panicum commonsianum Commons' Panicgrass Highly
State Rare

Panicum oligosanthes Few-flowered Panicgrass Highly
State Rare

Rhynchosia tomentosa Highly
State Rare

Listera australis Southern Twayblade State Rare

Amphicarpum purshii Pursh's Amphicarpum Watch List

Drosera rotundifolia Round-leaved Sundew Watch List

Kalmia angustifolia Sheep Laurel Watch List

Lyco odium alopecuroides Fox-tail Clubmoss Watch List

Platanthera blephariglottis White-fringed Orchis Watch List

Platanthera cristata Crested Yellow Orchis Watch List

Polygala incarnata Pink Milkwort Watch List

Pyrrhopappus carolinianum False Dandelion Watch List

Rhododendron atlanticum Watch List

Rhynchospora gracilenta Slender Beakrush Watch List

Solidago puberula Downy Goldenrod Watch List

Vitis rotundifolia Round-leaved Grape Watch List

OTHER VALUES AND SIGNIFICANCE:

The wildlife value of this area is high. In large,
unbroken forest tracts, woodland openings with herbaceous growth
are ideal for Deer, Bobwhite, and numerous non-game species.

THREATS AND MANAGEMENT NEEDS:

Threats

If current management procedures remain in place, then no
serious threats to this area are foreseen. Minor threats include
(1) the increasing invasion of weed species, i.e., reed
(Phragmites communis), tickseed (Bidens polylepis) and Dog Fennel
(Eupatorium, capillifolium); and (2) damage to boggy areas due to
heavy vehicular traffic through the powerline right-of-way.

Management Needs

Current management practices appear most beneficial for the
continued existence of rare species populations and habitats.
The populations of rare species and non-native vegetation should
be monitored.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes all rare species
habitats in the powerline right-of-way and adjacent woodland,
plus woodland buffer around these areas.

SITE DESCRIPTION SUMMARY:

Within this 210 acre protection area, a powerline runs
north/south and is intersected by Furnace Road. The right-of-way
is managed with herbicide treatments to limit woody growth. As a
result, the whole line is a mixture of boggy emergent marsh areas
and upland meadows. Small streams run through many of the
emergent marsh areas, and there are large areas of standing water
in the winter and spring. By late summer all of standing water
is gone and wetland herbs are quite common. Tiny-headed Beakrush
is the rarest species found in the wetlands, and many Watch List
Species are found. Upland meadows have a large diversity of
upland species with many non-native species in areas closer to
Furnace Road. The rarer species found in the upland areas of the
right-of-way include Pineland Tick-trefoil, Narrow-leaved
Bushclover, and Rhynchosia tomentosa.

Adjacent to the powerline are two interesting areas. First,
there is a swampy deciduous woodland containing Southern
Twayblade, Sheep Laurel, and Rhododendron atlanticum. The other
area is an upland pine forest which has few shrubs and a very
thin canopy. The herbaceous understory contains two Highly State
Rare grasses, Commons' Panicgrass, and Few-flowered Panicgrass.

Prepared by: J. Christopher Ludwig

Date: October 1987

PROTECTION AREA SUMMARY

Protection Area Name: Hancock Creek

County: Worcester USGS Quad: Girdletree

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Hancock Creek Protection Area contains a large, mature,
deciduous forest and swamp, with one of five large and stable
populations of Dwarf Trillium (Trillium pusillum) known in
Maryland. This species of Trillium is Threatened in Maryland, is
known from fewer than 50 sites worldwide, and is a candidate for
listing as a Federally Endangered Species.

Like other areas with Dwarf Trillium, the forested area has
many species which are otherwise very uncommon on the lower
Delmarva peninsula. At this protection area, Virginia
Bunchflower (Melanthium. virginicum) and Virginia Snakeroot
(Aristolochia serpentaria), two Watch List Species, are found at
their southern limit on the Delmarva peninsula.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Trillium Pusillum Dwarf Trillium Threatened

Aristolochia
serpentaria Virginia Snakeroot Watch List

Melanthium virginicu Virginia Bunchflower Watch List

OTHER VALUES AND SIGNIFICANCE:

The upland hardwood forest and deciduous swamp forest
provide diverse habitats for forest interior dwelling birds,
reptiles, and amphibians.

THREATS AND MANAGEMENT NEEDS:

Threats

habitat sufficiently to eliminate this rare species. Logging
activity within the population of Dwarf Trillium would destroy
individual plants of this species.

Management Needs

As long as logging is avoided, no special management is
needed to protect the site. The Trillium population should be
monitored regularly.

The informal agreement established by The Nature Conservancy
with the landowner should be maintained in order to promote
cooperation in protecting this site.

BOUNDARY RECOMMENDATIONS:

The protection area boundary contains the entire population
of Dwarf Trillium, with the upstream forested areas, and the
adjacent uplands included as buffer. Within this boundary,
active disturbances and the threats mentioned above should be
avoided.

SITE DESCRIPTION SUMMARY:

This 25 acre protection area is adjacent to the eastern
shoulder of Greenbackville Road along Hancock Creek. Descriptive
information was provided by the staff of The Nature Conservancy.
Heading east from the crossing of the road, the creek flows
through a mature, deciduous swamp. The trees include Tulip Tree
(primarily), Red Maple, oaks, and Loblolly-Pine. On the south
side of the swamp, an old-growth upland woods occurs. In a
seepage area between this upland and the swamp is a small
population of Virginia Bunchflower. The population of Dwarf
Trillium occurs here along the stream and extends downstream
about 300 yards. At this point logging has occurred and the
Dwarf Trillium has been eliminated.

Prepared by: J. Christopher Ludwig

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: Little Mill Run

County: Worcester USGS Quad: Girdletree

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

Little Mill Run Protection Area contains a creek and
millpond (Big Millpond) which support three plants that are rare
in Maryland. Log Fern (Dryopteris celsa) is a State Endangered
Species and is known from only two other sites in the State. It
is at the northeastern limit of its range. Dwarf Trillium
(Trillium pusillum) is Threatened in the State and is a candidate
for Federal Endangered Species status. In Maryland, all known
populations of this species occur Worcester County. Watermeal
(Wolffia punctata) is also found here and is Highly State Rare.

Mosquito Fern (Azolla caroliniana), a very small fern which
floats on still water ponds, was seen in the millpond in 1978.
This is the only recent record for this plant in the State. When
it is present, it forms large spreading mats. However, it
appears irregularly. Although it has not been recorded at this
site since 1978, there is a good chance that it is still extant.

Another plant which has been seen in Big Millpond but which
does not appear every year is Myriophyllum heterophyllum. It is
considered Highly State Rare because it is only known from one
other site in Maryland.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Dryopteris celsa Log Fern Endangered

Trillium Pusillum Dwarf Trillium Threatened

Wolffia punctata Watermeal Highly State
Rare

Azolla caroliniana Mosquito Fern State Rare

Myriophyllum
heterophyllum State Rare

OTHER VALUES AND SIGNIFICANCE:

This wetland complex contains a diversity of wetland types
including forested swamp, shrub swamp, zones of emergent

vegetation, aquatic bed and open water. The millpond is large
(approximately 60 acres in size) and supports healthy Bald
Cypress, both in the water and on land. This tree approaches its
northern limit of distribution in Worcester County.

These diverse wetlands offer ideal nesting, feeding, and
breeding grounds for resident and migratory waterbirds,
waterfowl, and songbirds. Fish and birds feed on the extensive
Submerged Aquatic Vegetation (SAV) in the millpond. Reptiles and
amphibians inhabit the shallow marshes along the perimeter.

THREATS AND MANAGEMENT NEEDS:

Threats

The major threats to Little Mill Run Protection Area are
sedimentation and agricultural runoff. Although the creek and
pond are surrounded by forest buffer, agricultural fields,
clearcutting activity, and residential development are nearby.
In at least one case, a ditch constructed to drain a cultivated
field carries sediment and possibly herbicides, pesticides, or
fertilizers into Little Mill Creek. Increased sedimentation of
the creek floodplain may also be seen as a result of housing
construction just west of Steel Pond Road.

Forest cutting next to the creek threatens the Log Fern
population. The opening of the canopy has allowed weedy species
to invade and spread throughout the floodplain in areas which
have sufficient light.

Another threat is additional residential development to the
north of Little Mill Creek east of Steel Pond Road. The land has
already been subdivided into narrow house lots with little buffer
of the floodplain to the south. Sediment runoff during
construction and afterwards could be detrimental to the Log Fern
population as well as to the stream community.

Management Needs

Voluntary management agreements should be implemented with
adjacent landowners to encourage land-use practices that are
consistent with rare plant protection. The impacts of
residential and agricultural runoff should be reduced by
installing silt fences and restricting the use of farm chemicals
and fertilizers. In addition, timber cutting near the protection
area should be avoided. A forested buffer is recommended in
order to help maintain the hydrology and to prevent the further
invasion of weedy species.

BOUNDARY RECOMMENDATIONS:

The protection area boundary surrounds the mainstem of the
creek, its floodplain, and the millpond. These areas contain the

rare plants. The protection area also includes an upland buffer
which extends to the tops of the bluffs along the floodplain.
Because runoff from the slopes eventually reaches the creek and
the millpond, their natural character must be maintained.
Finally, the headwaters of the creeks that feed into Little Mill
Run are included because they influence water quality downstream.

SITE DESCRIPTION SUMMARY:

This 470 acre protection area encompasses a creek and
millpond complex just north of the Virginia border. The upstream
end is a forested wetland containing two creeks, Little Mill and
Marshall Mill, which join to form Little Mill Run. After flowing
about 1.2 miles, the creek opens out into Big Millpond, created
by an impoundment just above the creek's tidal limit. The creek
is of fairly high water quality and receives only a small amount
of sediment from nearby farms. Its 500 ft. wide floodplain
supports Log Fern near the uplands east of Steel Pond Road, and
Dwarf Trillium on the sphagnum hummocks west of the road.

The forest canopy is thick along most of the stream,
consisting of Red Maple, American Holly, Bald Cypress, Spicebush,
and other typical wetland species. The herbaceous undergrowth is
also thick, dominated by ferns, Lizard's Tail, Virginia Creeper
and sphagnum. In a few places east of Steel Pond Road, tornado
damage has opened up the forest slightly. Branches of large
trees were broken, allowing sunlight to reach the forest floor.
This, along with clearcutting just south of the stream, has
facilitated the invasion of jewelweed, greenbrier and Japanese
Honeysuckle into those areas. The upland to the north of the
creek consists of a narrow strip of dry pine forest. In other
upland areas beyond the protection area boundaries are
agricultural fields.

Spatterdock is common in the one-mile long millpond, and
small floating vegetation (including the Watermeal) inhabits the
shallow perimeter. Bald Cypress may be seen in the deeper
water. The pond margins are swampy and support emergent .
vegetation such as Swamp-Milkweed, sedges, and cattails. The
surrounding upland contains shrubs such as Smooth Alder, Wax-
myrtle,,Sweet Pepperbush and willow. Along the impoundment is a
grassy bank with large, well-spaced Bald Cypress trees, and on
the western side is a paved boat ramp.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: Abigail Rome

Date: July 1987

PROTECTION AREA SUMMARY

Protection Area Name: Mt. Olive Church Road

County: Worcester USGS Quad: Wango

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This non-tidal wetland complex includes a sphagnum bog which
supports healthy populations of three State Endangered Species:
Coppery St. John's-wort (Hypericum denticulatum), Canby's Lobelia
(Lobelia canbvi), and Pink Bog-button (Sclerolepis uniflora).
Aside from this site, there are only two other very small
populations of each of the first two plants known in the State.
The populations here are, by far, the most vigorous in Maryland.
Pursh's Amphicarpum (Amphicarpum purshii) is a Watch List Species
also represented here.

Sphagnum bogs are uncommon in Maryland, particularly on the
lower coastal plain. The plants inhabiting bogs are often
peculiar and fascinating in their adaptations to the highly
acidic environment. For example, the Spatulate-leaved Sundew is
a carnivorous plant that occurs in this bog. Insects trapped by
the plant's sugary secretions provide nutrients to the plants.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Hypericum denticulatum Coppery St. John's-wort Endangered

Lobelia canbvi Canby's Lobelia Endangered

Sclerolepis uniflora Pink Bog-button Endangered

Amphicarpum pushii Pursh's Amphicarpum Watch List

THREATS AND MANAGEMENT NEEDS:

Threats

The major threat to this site is drainage and conversion to
forest. The surrounding area is managed for pine production and
presently at least one drainage ditch runs into the area
inhabited by rare plants. If new ditches were dug to drain water
from this area towards the road to the south (so that more trees
could be planted), this unique wetland community would be
destroyed.

A second threat, also related to forestry, is disturbance
created by heavy machinery. Bulldozer and skidder traffic across
the wetland would destroy plants and alter the hydrology such
that the rare plant habitat would be destroyed. A final threat
is roadside ditching. Because the bog is close to the road, such
ditching would have hydrologic impact on the rare plants and
their habitat.

Management Needs

Digging of drainage ditches in the protection area, or in
nearby areas which are hydrologically connected, should be
prohibited. Forest cutting should also be prevented because the
heavy machinery destroys rare plant habitat and canopy opening
allows invasion of weedy competitors. In fact, an increase in
forest buffer around the bog (especially on the side closest to
the road) is highly recommended. This would further shelter the
protection area and discourage trespass. Management agreements
with both the highway maintenance authorities and with the local
forest products companies could serve to implement these
management recommendations.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes the bog, the
surrounding wetlands which contain Canby's Lobelia and drain into
it, and a forested buffer to the west and south. To the north and
east, the roads form the boundary.

SITE DESCRIPTION SUMMARY:

The feature of greatest ecological significance in this 15
acre protection area is a two-acre wetland which dries completely
in the summer. It is vegetated with grasses, sedges (especially
broomsedge), rushes, and wildflowers such as St. John's-wort,
Lobelia, and aster. Two of the Endangered Species are dominants
and are found throughout. The lowest areas contain sphagnum
moss, sundews, clubmoss and yelloweyed-grass. The bog is not
entirely open but has small trees and shrubs succeeding in. The
dominant woody species are pine, Red Maple, Sweet Gum, Sweet
Pepperbush, fetterbush and Meadowsweet. Around the eastern and
southern edges is a Loblolly Pine plantation with trees that are
approximately 15 years old. To the west is a four-acre, open,
sandy rectangle bordered by overgrown hedgerows on all sides.
Young pines are encroaching. Finally, on the north side, a
narrow forested strip separates the bog from Mt. Olive Church
Road.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: Abigail Rome

Date: August 1987

PROTECTION AREA SUMMARY

Protection Area Name: Oak Hall Road Powerline

County: Worcester USGS Quad: Dividing Creek

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This powerline right-of-way contains Maryland's only
population of Clasping-Leaved St. John's-wort (Hypericum
gymnanthum). Thought to have been extirpated from Maryland, two
populations of this species were found in 1987, and this plant is
now a State Endangered Species. Neither of these populations is
protected. Torrey's Spikerush (Eleocharis microcarpa), a Watch
List Species, is also found here.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Hypericum gymnanthum Clasping-Leaved
St. John's-wort Endangered

Eleocharis microcarpa Torrey's Spikerush Watch List

OTHER VALUES AND SIGNIFICANCE:

Many rare plant habitats on the coastal plain are powerline
right-of-ways. This is probably because powerline maintenance
sustains an open canopy. Many wetland plants are shade
intolerant and thrive in these open right-of-ways. Historically,
the major natural forces responsible for the creation of open
freshwater wetlands were fire and beaver activity. Forest fire
suppression and the decimation of beaver populations on the lower
Eastern Shore have all but eliminated these habitats.

THREATS AND MANAGEMENT NEEDS:

Threats

Threats to this protection area are related to powerline
maintenance. Herbicides are currently being used to kill Sweet
Gum trees and other woody plants. If non-selective chemicals are
applied indiscriminately, other species may be threatened.
Limiting the administration of herbicides to foliar and/or frill
applications on woody plants should be considered.
Another related threat is mechanical destruction of plants by
vehicular traffic along the right-of-way. Heavy machinery

used during powerline maintenance crushes plants and compacts
soils so that plant growth is inhibited.

Management Needs

Management agreements must be implemented with the utility
company in order to insure that powerline maintenance practices
continue to coincide with rare species protection. vehicle
traffic should be minimized or, preferably, discontinued in the
rare species' habitat. More information is needed on the impacts
of herbiciding on rare plant demographics. Future studies may
yield more specific management recommendations.

BOUNDARY RECOMMENDATIONS:

The protection area consists of the wetland under the
powerline right-of-way, and surrounding forest and upland buffer.
From the crest of the two hills that delimit the powerline
wetland, the protection area extends 0.3 mile in each direction
(north and south) of Oak Hall Road. The forested buffer on each
side is included in order to ensure that the hydrology is
maintained.

SITE DESCRIPTION SUMMARY:

This 40 acre protection area includes a powerline right-of-
way located on level, poorly-drained soils. Although Sweet Gums
and other trees which grow on either side of the powerline are
controlled by herbicide applications, the herbaceous vegetation
is allowed to flourish. Grasses, rushes, ragweed, several
species of St. John's-worts, Joe-pye-weeds and meadow beauties
dominate, growing to heights of three ft. or more. Directly
under the powerline to the south of Oak Hall Road and on one side
to the north, vegetation is lower and tire tracks are present.
Spikerushes and other plants which do not tolerate competition
may be seen here. On the slopes which delimit the northern and
southern ends of the protection area, the vegetation changes and
Joe-pye-weeds and thistles become dominants. The surrounding
forest is a mixed oak and pine forest also containing Sweet Gum
and Black Gum.

Prepared by: Abigail Rome

Date: August 1987

PROTECTION AREA SUMMARY

Protection Area Name: Pawpaw Creek

County: Worcester USGS Quad: Public Landing

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

A steep, north-facing bluff adjacent to Pawpaw Creek
supports Single-headed Pussytoes (Antennaria solitaria), a State
Threatened Species. This plant is found at only four sites in
Maryland, and is at the northeastern limit of its range. Twisted
Spikerush (Eleocharis tortilis), considered Highly State Rare, is
also found here.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Antennaria solitaria Single-headed Pussytoes Threatened

Eleocharis tortilis Twisted Spikerush Highly State
Rare

OTHER VALUES AND SIGNIFICANCE:

Bluffs as high as 25 ft. line the creek, exhibiting a degree
of topographic relief unusual for the lower coastal plain.
Several seeps are present and these, as well as the steep slopes,
support rich vegetation more characteristic of the Piedmont. A
.diversity of wildflowers carpet the forest in spring.

THREATS AND MANAGEMENT NEEDS:

Threats

The streamside community is a relatively natural one, not
highly impacted by man. The major potential threat is a decline
in water quality as a result of upstream agricultural runoff or
forest cutting. The Single-headed Pussytoes population is also
subject to a more specific threat: erosion of the bluff it
inhabits. Because the slope is undercut, it is highly subject to
slumping. The forested buffer will help to prevent erosion from
rain and wind. High spring river flow will continue to erode the
bluff from below and create new habitat that may be colonized by
the Single-headed Pussytoes.

Twisted Spikerush is threatened by use of the now abandoned
forest roads. This rare plant grows in the roadway and any
vehicular traffic would destroy it.

Management Needs

Nearby land-use activities should be monitored for potential
effects on the watershed. This would ensure high water quality.
In addition, large-scale cutting of the forest near the Twisted
Spikerush must be avoided. Instead, handcutting or pruning of
nearby trees and shrubs would help to promote the population by
providing light for the bog community.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes each of the rare plant
populations and a buffer. Pawpaw Creek east of the road and the
surrounding richly vegetated bluffs represent the core of the
protection area. By protecting them, the unique streamside
community may be preserved. The old forest roads which support
Twisted Spikerush and the adjacent woods which drain into them
are a second area of concern which must remain undisturbed. A
forested buffer around the upstream area of Pawpaw Creek is
incorporated to ensure the maintenance of water quality.

SITE DESCRIPTION SUMMARY:

The steep slopes that border Pawpaw Creek are the features
of greatest ecological significance in this 175 acre protection
area. This small creek originates at 40 ft. in elevation and
travels eastward, quickly dropping to sea level to enter
Chincoteague Bay at Public Landing. The middle section of the
creek has numerous meanders and, although water flow may be high
in the winter and spring (a result of the bluffs which
concentrate runoff from the surrounding forest), the creek dries
in the summer.

Once reaching an elevation of about 5 ft., the creek opens
out into a small swamp, soon reaching its tidal limit. The
surrounding forest is fairly dry in the uplands, consisting
mainly of Red Maple, oaks, dogwood, Tulip Poplar, Sassafras, and
hickory. It becomes slightly wetter near the stream. The.steep
bluffs (which are unusual in the coastal plain) provide habitat
for plants more common in the Piedmont. These include Bloodroot,
Enchanter's Nightshade, grape fern and Wild Geranium. In a few
spots the river channel undercuts the stream bank, creating
overhangs up to 12 ft. high. It is here that Single-headed
Pussytoes is found.

South of the creek are several forested tracts being managed
commercially. The vegetation is predominantly 20 year-old pines
with a dense, shrubby understory. A network of old, overgrown

roads laces the area, and in low-lying spots boggy conditions are
found. Twisted Spikerush grows here among sphagnum moss and
other grasses and sedges.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: Abigail Rome

Date: July 1987

PROTECTION AREA SUMMARY

Protection Area Name: Pikes Creek

County: Worcester USGS Quad: Girdletree

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Pikes Creek Protection Area contains one of five large,
stable populations of Dwarf Trillium (Trillium pusillum) known in
Maryland. This species of Trillium is Threatened in Maryland, is
known from fewer than 50 sites worldwide, and is a candidate for
listing under the U.S. Endangered Species Act.

Like other woods inhabited by Dwarf Trillium, the forest
here contains many species which are otherwise very uncommon on
the lower Delmarva peninsula.-

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Trillium Pusillum Dwarf Trillium Threatened

OTHER VALUES AND SIGNIFICANCE:

This hardwood swamp forest,provides'habitat for forest
interior dwelling birds, amphibians, and reptiles.

THREATS AND MANAGEMENT NEEDS:

Threats

Logging within the protection area boundary is the biggest
threat to the Trillium at this site. Due to severe disturbance
to the habitat, canopy openings created by logging are usually
invaded by non-native, weedy species. These weeds may exclude
the Dwarf Trillium from the site. In addition, hydrological
disturbance caused by logging upstream may alter the wetland
habitat sufficiently to eliminate the rare species. Logging
activity within the population of Dwarf Trillium would destroy
individual plants of this species.

Management Needs

If logging is avoided, no special management is needed to
protect the site. The size and reproductive success of the
Trillium population should be monitored.

BOUNDARY RECOMMENDATIONS:

SITE DESCRIPTION SUMMARY:

This 65 acre protection area is located along Pikes Creek
adjacent to the western bank of Rte. 12. The Creek is forested
on both sides with mature Tulip Tree and Red Maple. The first
100 yds. next to Rte. 12 are very weedy as are the edges of the
forest about 200-500 ft. from the stream channel. The Dwarf
Trillium is first found 200 yds. from the road, close to the
stream. A few mature Bald Cypress are also in this area. The
Trillium is found in patches of 20-200 individuals up the stream
valley for 200-400 yds. Beyond the Trillium, an elevated earthen
dike runs perpendicular to the stream.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: J. Christopher Ludwig

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: Porter Neck

County: Worcester USGS Quads: Berlin, Ninepin Branch

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

Porter Neck Protection Area is a densely forested wetland
which, at its margins and in slightly wetter areas, contains
three species of rare plants. Hairy Ludwigia (Ludwigia
hirtella), a State Endangered Species, is known from only one
other site in Maryland. Southern Twayblade (Listera australis),
considered Rare in the State, is also represented at this site.
Finally, Crested Yellow Orchis (Platanthera cristata), a Watch
List Species, is especially showy here.

Spreading Pogonia (Cleistes divaricata) was recorded at this
site in 1982. It is a State Endangered Species which is
considered rare throughout most of its range, and has been found
in only one other site in Maryland. Because the species is known
to remain dormant for several years at a time, and because its
habitat has been maintained, there is a good chance that it still
occurs here.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Cleistes divaricata Spreading Pogonia Endangered

Ludwigia hirtella Hairy Ludwigia Endangered

Listera australis Southern Twayblade State Rare

Platanthera cristata Crested Yellow Orchis Watch List

OTHER VALUES AND SIGNIFICANCE:

This pine-hardwood swamp forest provides habitat for
amphibians, reptiles, and forest interior dwelling birds.

THREATS AND MANAGEMENT NEEDS:

Threats

Disruption of the local hydrology threatens the survival of
the rare, wetland species. Woody vegetation is encroaching upon
the herbaceous openings inhabited by rare species. If this
continues, the populations of rare species may be eliminated.

Trampling is also a threat to these plants. The Hairy
Ludwigia is located close to the road in an open sandy spot which
is easily accessible. In fact, the area seems to be used as a
trailhead for hunters.

Another threat is forest clearing, either for
agricultural or residential purposes. The latter seems more
likely since the land across the street has been recently sub-
divided into house lots, and a proposal has been made to do the
same on the protection area side.

Manacfement Needs

Management needs include maintaining some open areas for the
Ludwigia since it thrives in sandy swamps and ditches with little
or no forest canopy. Hand pruning of trees and shrubs would be
most effective, and is currently being practiced at this site.
Local hydrology should be monitored to determine if groundwater
is being depleted. This study may produce recommendations
concerning local ditching.

BOUNDARY RECOMMENDATIONS:

The protection area boundary consists of the forested swamp
between Bassett Creek and Cropper Neck Road as well as adjacent
upland. The dry upland forest, which is located on sandy soils,
is included because it serves as a groundwater recharge area for
the swamp. Protecting forest cover would maintain water quality
and flow.

SITE DESCRIPTION SUMMARY:

The majority of this 175 acre protection area is forested
wetland containing a mixed pine-hardwood forest. Dominant
species include Red Maple, Sweet Gum, Loblolly Pine, Black Gum,
American Holly, Sweet Pepperbush and blueberry. At the northern
border is Bassett Creek, a brackish creek which was once
impounded (Bassett Millpond) and which drains into Chincoteague
Bay. To the east (outside the protection area) are open sand
mines.

Southern Twayblade and Crested Yellow Orchis grow among
sphagnum moss and ferns in the wettest areas near the origins of
two tributaries into Porter Creek. The soils have a surface
layer of peat over sandy subsoil. Near the headwaters of the
western tributary, an open pond approximately 1/2 acre in size
has been created. It drains into a narrow, wooded channel for
about 50 ft. before reaching a culvert at the road.

The other boggy stream origin is slightly more open and is
used as a path by hunters. It opens out to the roadside where

the Hairy Ludwigia is found. other dominant plants include
sundew, bog clubmoss, St. John's-wort, Colicroot, and other
wetland species that do well in sandy soils that are alternately
very wet or very dry. At wetter times of year there may be
standing water here and in the adjacent roadside ditch which
drains into a culvert under Cropper Neck Road. South of the road
the creek surfaces into an open tidal channel.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: Abigail Rome

Date: June 1987

PROTECTION AREA SUMMARY

Protection Area Name: Powell Creek

County: Worcester USGS Quad: Girdletree

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Powell Creek Protection Area contains a mature deciduous
forest and swamp with one of five large stable populations of
Dwarf Trillium (Trillium pusillum) known in the State. This
species of Trillium is Threatened in Maryland, is known from
fewer than 50 sites worldwide, and has been considered by the
U.S. Fish and Wildlife Service for listing under the U.S.
Endangered Species Act.

Like other areas with Dwarf Trillium, the forested area has
many species which are otherwise very uncommon on the lower
Delmarva peninsula.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Trillium Pusillum Dwarf Trillium Threatened

OTHER VALUES AND SIGNIFICANCE:

The hardwood swamp forest and adjacent upland forest provide
diverse habitats for forest interior dwelling birds, reptiles,
and amphibians.

THREATS AND MANAGEMENT NEEDS:

Threats

Logging within the protection area boundary is the biggest
threat to the Trillium at this site. Due to severe disturbance
and increased sunlight, canopy openings created by logging are
usually invaded by non-native, weedy species. These weeds may
exclude Dwarf Trillium from the site. In addition, hydrological
disturbance caused by logging upstream may alter the wetland
habitat sufficiently to eliminate this rare species. Logging
within the population of Dwarf Trillium would destroy individual
plants of this species.

Management Needs

If logging is avoided, no special management is needed to
protect the site. The Trillium population's size and
reproductive success should be monitored.

BOUNDARY RECOMMENDATIONS:

SITE DESCRIPTION SUMMARY:

This 55 acre protection area encompasses part of Powell
Creek. The creek runs north/south and is forested along most of
its length. At the VA/MD border, the stream valley is overgrown
with large patches of greenbrier. About 100 yds. upstream, the
shrub layer thins and many interesting wetland herbs occur,
including Wood Anemone, Green Woodland orchid, Chain Fern, Jack-
in-the-pulpit, Cowbane, and Turtlehead. This is where the Dwarf
Trillium first appears. Shrubs seen here include Spicebush and
Swamp Withe-rod. Trees include Red Maple and Tulip Tree. A
large old-growth Beech forest is adjacent to the west side of the
stream valley. The Trillium population extends up the stream
valley for another 500 yds.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: U. Christopher Ludwig

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: Spearin Road Powerline

County: Wicomico/Worcester USGS Quad: Salisbury

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Spearin Road Powerlines Protection Area has a right-of-
way which is kept free of woody species through active
management. This open habitat has boggy emergent wetlands and
upland meadows where ten rare species occur (see list below). In
pre-settlement history, fires and floods created and maintained
these communities. Since these natural disturbance phenomena are
now artificially suppressed, the only remaining suitable habitat
for species which require these open conditions is along and in
powerline right-of-ways.

The largest State population of Barratt's Sedge (Care
barrattii) occurs in this protection area. This species is
endangered in Maryland, is known from fewer than 100 sites
worldwide, and is under consideration by the U.S. Fish and
Wildlife Service as a Federally Endangered Species. This
population of Dwarf Iris (Iris verna) is also the larger of the
two known populations in Maryland. Nearly one thousand flowering
plants were observed in the powerline in 1987.

In the early 1980's Few-flowered Nutrush (Scleria
pauciflora) was found in this powerline, the only recent sighting
on the Delmarva peninsula. Slender Nutrush (Scleria minor), a
State Endangered Species, was also found - one of two recent
Delmarva sightings.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Carex barrattii Barratt's Sedge Endangered

Hypericum gymnanthum Clasping-leaved Endangered
St. John's-wort

Iris verna Dwarf Iris Endangered

Prenanthes autumnalis Slender Rattlesnake- Endangered
root

Rhynchospora torrevana Torrey's Beakrush Endangered

Scieria minor Slender Nutrush Endangered

Amphicarpum purshii Pursh's Amphicarpum Watch List

Crotononsis elliptica Rushfoil Watch List

Iris prismatica Slender Blue Flag Watch List

Lycopodium alopecuroides Fox-tail Clubmoss Watch List

Pyrrhopappus
carolinianus False Dandelion Watch List

Scleria pauciflora Pappilose Nutrush Watch List

OTHER VALUES AND SIGNIFICANCE:

With additional investigation, this area should yield
additional rare plants, and may turn up rare moths and
butterflies that favor special plants growing in habitats created
by powerline right-of-ways.

THREATS AND MANAGEMENT NEEDS:

Threats

Non-native weed species are invading the more disturbed
areas of the powerline right-of-way and are competing with native
species. Many of these weeds establish when off-road vehicles
and logging equipment compact and disturb the soils.

Management Needs

Current management practices do not appear to be detrimental
to the rare species populations and habitats. The populations of
rare species and non-native, weedy species should be monitored
regularly. The use of off-road vehicles should be prohibited
within the protection area.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes all powerline right-
of-way areas containing rare species and a woodland buffer along
the right-of-way. A small portion of a cornfield and Spearin
Road, which bisect the right-of-way, are included.due to their
proximity to the rare species habitat. Runoff from the field and
roadside management may affect the rare species.

SITE DESCRIPTION SUMMARY:

The 90 acre protection area contains approximately 1.5 miles
of 100 yd.-width powerline right-of-way. The line runs southwest

to northeast. Bisecting the right-of-way near the northeastern
end is Spearin Road and a cornfield, which extends 200 yds. along
the right-of-way. Northeast of Spearin Road, three rare species,
Clasping-leaved St. John's-wort, Rushfoil, and False Dandelion
are found within 100 yds. of the road. The other rare species
are found southeast of Spearin Road (and the adjacent cornfield).
Both areas have sparse woody vegetation and a rich herbaceous
flora due to periodic herbicide applications. Wetland areas
contain Slender Iris and Barratt's Sedge, while dry areas have
large patches of Wooly Ragwort. Most non-native, weedy species
are found along the powerline right-of-way in three areas: 1)
adjacent to the southwest edge of the cornfield; 2) where heavy
off-road vehicle traffic has occurred in the far southwest
section; and 3) immediately adjacent to Spearin Road.

Prepared by: J. Christopher Ludwig

Date: October 1987

PROTECTION AREA SUMMARY

Protection Area Name: Sturges Creek Powerline

County: Worcester USGS Quad: Wango

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Sturges Creek Powerline Protection Area contains a great
variety of habitats and diversity of rare plant species. The
sandy wetland and upland soils fall under an array of management
practices creating a variety of habitats, including seasonal
pools, permanent ditches, wet meadows, sphagnous seepage areas,
bogs, dry sandy meadows, deciduous swamp forest, and deciduous
and upland pine forest. Eight State Endangered plant species and
eight other significant plants can be found in this great
diversity of habitats. Three of the Endangered Species, Red
Milkweed, (Asclepias rubra), Slender Nutrush (Scleria minor), and
Grass-Pink (Calopogon tuberosus), occur in only one other
location in Maryland.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Asclepias rubra Red Milkweed Endangered

Calopogon tuberosus Grass-Pink Endangered

Carex venusta Dark Green Sedge Endangered

Prenanthes autumnalis Slender Rattlesnake-root Endangered

Rhynchospora
microcephala Tiny-headed Beakrush Endangered

Rhynchospora torrevana Torrey's Beakrush Endangered

Sagittaria engelmanniana Engelmann's Arrowhead Endangered

Scieria minor Slender Nutrush Endangered

Eleocharis tortilis Twisted Spikerush State Rare

Drosera rotundifolia Round-leaved Sundew Watch List

Kalmia angustifolia Sheep Laurel Watch List

Lycopodi alopecuroides Fox-tail Clubmoss Watch List

Platanthera
blephariglottis White-fringed Orchid Watch List

Platanthera cristata Crested Yellow Orchid Watch List

Rhododendron atlanticum Watch List

Rhynchospora gracilenta Slender Beakrush Watch List

OTHER VALUES AND SIGNIFICANCE:

Many rare native plants that require wet, sandy, open
habitats have been extirpated from Maryland. Preservation of
this habitat type would help to prevent the further loss of
species. Additionally, this area provides a variety of suitable
habitats for recolonization. The variety of habitats also
increases the value of the area to many animal species.

THREATS AND MANAGEMENT NEEDS:

Threats

A change of powerline right-of-way management could
eliminate habitat and reduce numbers of rare species. Ditching
may also eliminate habitat and reduce species numbers. Continued
conversion of the area to Loblolly Pine forest threatens woodland
species diversity.

Management Needs

The management of the powerline right-of-way should be
monitored for effects on the diversity of habitats and species in
the right-of-way. If the current management of herbicide
application maintains habitat and species diversity, then the
management technique should continue. If the area's diversity is
decreasing, other management techniques which can protect the
right-of-way's plant diversity should be studied.

Further ditching of this area should be prohibited.

Further conversion of deciduous forest to Loblolly Pine is
not recommended for the area.

Scieria minor and Carex venusta populations should be
monitored to ascertain if pines will shade out and eliminate
these species.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes all rare species
habitat and surrounding areas which provide buffer. Within this

boundary the management recommendations listed above should be
implemented and active disturbance should be prevented.

SITE DESCRIPTION SUMMARY:

The focus of this 120 acre protection area is a large
wetland which is intersected by a powerline right-of-way,
clearcut, pine plantation, road, and forest. Many low, wet areas
are inhabited by rare species. The sandy wetland types include
forested swamp, herbaceous emergent marshes, ditches, seasonal
pools, and bogs. Upland sandy areas are present which intersect
the powerline, road, and forest. Little non-native vegetation is
found, even on the roadsides.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: J. Christopher Ludwig

Date: August 1987

PROTECTION AREA SUMMARY

Protection Area Name: Tanhouse Creek

County: Worcester USGS Quad: Public Landing

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This protection.area supports a population of Dwarf Trillium
(Trillium pusillum), a State Threatened Species. It is also a
candidate for Federal Endangered Species status because this
particular variety (var. virginianum) is found in only one county
in Maryland and five counties in coastal Virginia.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Trillium pusillum Dwarf Trillium Threatened

OTHER VALUES AND SIGNIFICANCE:

This protection area contains a floristically diverse forest
which supports numerous plant species not typical of the lower
coastal plain. The relief along the creek is unusual for the
lower coastal plain. The plants found here are more common in
the Piedmont and upper coastal plain, and indicate rich, well-
drained soils.

The protection area also includes a small section of
brackish tidal marsh. Such marshland is exceptionally
productive, supporting numerous invertebrates which form the
basis of the food chain.

THREATS AND MANAGEMENT NEEDS:

Threats

Forest cutting is a significant threat to this natural
community. It would eliminate the rich woods habitat and,
because of the steep (i.e., for the coastal plain) bluffs, would
cause sedimentation of the stream. In fact, some siltation is
already visible in the stream in areas adjacent to agricultural
fields. Uncontrolled soil erosion, as well as runoff of farm
chemicals and fertilizers, can reduce water quality and harm
Trillium habitat in the lowest, wettest areas. In addition, non-
native, weedy species invade openings created by logging. These
weeds may exclude Dwarf Trillium from the site.

Management Needs

Forest cutting should be avoided. In addition, agricultural
runoff must be diverted away from the creek. Agreements with
local landowners should be arranged in order to implement these
management recommendations.

BOUNDARY RECOMMENDATIONS:

The protection area boundary surrounds the forested upland
zones as well as the low swamp forest. It extends to
agricultural lands that drain into the tributaries which form the
headwaters of Tanhouse Creek. Including these ensures protection
of downstream water quality. At the lower end, the boundary runs
for about 0.6 mile from the confluence of the two major
tributaries. This section of the creek is undisturbed brackish
marsh and provides habitat for numerous productive tidal marsh
species. A buffer of forest on either side is also included
here.

SITE DESCRIPTION SUMMARY:

The primary feature of ecological significance in this 250
acre protection area is a forested wetland located at the
headwaters of Tanhouse Creek. Its unique character results from
the high degree of topographic variation: 35 ft. bluffs descend
from an elevation of 40 ft. to the flat coastal plain. The creek
originates from two narrow tributaries which flow from the
uplands (which are now being farmed) and then descend quickly.
At the base of the bluffs, the diverse herbaceous flora includes
Toothwort, Bloodroot, Showy Orchis, Pennywort, Violet Wood
Sorrel, Spring Beauty and Rattlesnake Fern. The canopy consists
of several oak species, pine, dogwood, hickory and Tulip Poplar.
The swamp below is dominated by Red Maple, Black Gum, Sweet Gum,
ash, Sweet Pepperbush, fetterbush, American Holly, ferns, and
Jack-in-the-pulpit. It is in the wettest areas, among sphagnous
hummocks along the creek, that the rare Trillium is found., The
forested wetland continues to the east but soon becomes a
brackish tidal marsh'as it approaches Chincoteague Bay. Emergent
vegetation here is dominated by Smooth Cordgrass, Meadow
Cordgrass, Carolina Sea Lavender, Spikegrass, Groundselbush and
Marsh Elder.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: Abigail Rome

Date: September 1987

PROTECTION AREA SUMMARY

Protection Area Name: West Ocean City Pond

County: Worcester USGS Quad:

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This large-but shallow freshwater pond contains several rare
aquatic plants that form large beds of submerged and emergent
aquatic vegetation. This is the only State site for Sessile-
fruited Arrowhead (Sagittaria rigida).

In addition to providing habitat for the rare plant species,
the West Ocean City Pond is a well-known stop-over for migrating
and wintering waterfowl. The pond also provides a feeding
grounds for resident herons, egrets, ibis, gulls, and terns.
Waterfowl and fish find a rich food supply in the large aquatic
plant beds.

ELEMENT SUMMARY TABLE

Element Name Common Name Status

Myriophyllum humile Low Water-milfoil Endangered

Sagittaria rigida Sessile-fruited Endangered
Arrowhead

Eleocharis cruadrangulata Angled Spikerush Watch List

Sagittaria graminea Grass-leaved Arrowhead Watch List

OTHER VALUES AND SIGNIFICANCE:

Further investigation of the pond's rich aquatic flora may
yield the discovery of additional rare species, particularly
during years of low or high water levels. In addition, the pond
is frequently used by birdwatchers who recognize the area as a
good location to regularly find coastal resident species as well
as unusual vagrants.

THREATS AND MANAGEMENT NEEDS:

Threats

Any removal of forested buffers or forested portions of the
watershed threatens the wetland with siltation, shortening the

lifespan of the pond. Eutrophic conditions could result if
excessive fertilizer is used in nearby agricultural fields.

Management Needs

The constant water regime of this pond should be maintained
in order to preserve the rare species. Drastically altering
water levels could eliminate many species.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes the pond, an upland
buffer, and a small portion of the wooded watershed. Within this
boundary, active disturbances and the threats mentioned above
should be avoided.

SITE DESCRIPTION SUMMARY:

This 55 acre protection area encompasses West Ocean City
Pond, a large, artificial pond with a thin forest buffer and a
partially-forested watershed. At least 50% of the pond is an
emergent wetland dominated by Angled Spikerush and Sessile-
fruited Arrowhead, a State Endangered Species known in Maryland
at this single site. The deeper portions of the pond contain
beds of aquatic vegetation, including an abundance of Hornwort.
Willow is invading the shallow southern edge of the pond.
Wildlife, particularly birds, are abundant. The aesthetic value
of the pond is high.

Prepared by: J. Christopher Ludwig

Date: August 1987

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
CRD.

Fernald, M.L. 1970. Gray's manual of botany. Eighth ed.,
corrected printing. D. Van Nostrand Co., New York.
1632 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.

Godfrey, R.K. and J.W. Wooten. 1979. Aquatic and wetland plants
of Southeastern United States, Monocotyledons. Univ. of
Georgia Press, Athens, GA. 712 pp.

1981. Aquatic and wetland plants of southeastern United
States, Dicotyledons. Univ. of Georgia Press, Atlanta, GA.
933 pp.

Hirst, F. 1983. Field report on the Delmarva flora, I.
Bartonia 49: 59-68.

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.

Tatnall, R.R. 1946. Flora of Delaware and the Eastern Shore.
Soc. of Nat. Hist. of Delaware, Lancaster, PA. 313 pp.

U.S. Soil Conservation Service. Soil Survey. U.S. Gov. Printing
office, Washington, DC. (available for each Maryland
county)

APPENDIX A,

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
[87-061-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. Irp,. 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 game or I. 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 containJor 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- some land acquisition costs will be incurred. Local governments
quired by Maryland law to be listed in Maryland. will bear some7costs 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:
areissued. 1. Increased staff and sup.
port for threatened and endan-
Maryland 'law authorizes the Secretary to prohibit cer- gered species Program $193,497
tain acts with respect to threatened and endangered plants 2. Increased land acquisition $74,106
in addition to those set out in the statute. The added prohi- staff and support
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-
ened plant species. The latter acts are already prohibited by cies as part of Critical Areas pro-
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
tional prohibitions specified; thus, these regulations imple- P
D. On other industries or trade
ment that section of the law for the first time. Included in groups affected: NONI 1@p
the added prohibitions is an "incidental taking." This is a cpa __1
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:
1. Prohibition, on taking en- that are incidental to, and not the purpose of the carrying
dangered wildlife may affect out of an otherwise lawful activity conducted by a person 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 Utter and Number gage in an action which reasonably would be expected, di.
from Section ID:i rectly or indirectly, to reduce appreciably the likelihood of
Al. The amount indicated is a budget enhancement request for
six new positio I plus support for the Threatened and Endangered either the survival or recovery of a listed species in the wild
ns by reducing the reproduction, numbers, or distribution of a
Species program@ While not all attributable to the listing of species
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 e @ panded list of threatened and endangered species. deemed endangered, threatened or in need of conservation in
X
A2. The amoutit indicated is a budget enhancement request for this chapter due to any of the following factors:
two new position's 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. 1 (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 budgetedlin FY 1987 for acquisition of interests in property (3) Disease or predation,-
for protection of lands that support diverse ecological communities (4) Inadequacy of existing regulatory mechanisms; or
of plants or anim alls, including forestlands, habitats of rare, threat- (5) Other natural or manmade factors affecting the spe-
ened or endanger e@d 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 oflocal 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
I ration, receiver, trustee, guardian, executor, administrator,
qS these costs may be attributable to that portion of the work in-
volving threatened and endangered species. -_ fiduciary, or representaiive.
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. endang ered 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 finlish: Enneacanthus chaetodon, Etheostoma sellare,
regulation prohibiis only directed effdrt@ to take the species; inci-
dental impacts on the species from legitimate uses of land are not Etheostoma vitreurn, Percina notograma, Percopsis omisco-
prohibited. Therefore, the listing of these species win not have an maycus 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 Se@retary to be in need of conservation mea-
sures for its continued ability to sustain itself successfully.
Opportunity for Public Comment M, "Take" means to harass, harm, pursue, hun't, shoot,
wound, kil4 trap, capture, or collect, or atte t to engage in
Written comments may be sent to James Mallow, Forest, @ MP
any such conduct.
Park and Wildlife Service, Department of Natural Resourc- N. '"Threatened species" means any species of flora orfau-
es, Tawes State Office Building, Annapolis, MD 21401 or na which appears likely, within the foreseeable future, to
call 974-3771 Monday through Friday, 9 a.m. to 4 p.m. Pub- become endangered including any species determined to be a
lic comment must be received not later than April 20, 1987 "threatened species" pursuant to the federal Endangered
at 4 p.m. Species Act of 1973, 16 US.C ��1531 - 1543.
If sufficient interest is shown a public hearing will be
held. Copies of this proposal are available from James Mal- .02 Petitioning.
low at the addres Is 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 U.S.C ��1531 - 1543, any interested person may
Park and Wildlife Service. petition the Director to add or remove a species or natural
R "Endangered extirpated species" means any species heritage area to or from a list in this chapter. The Director
that was once a viable component of the flora or fauna of the 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,
C "Endangered species" means any species -whose contin- the following information shall be provide&
ued existence as a viable component of the State's flora 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 p--
determined to be an "endangered species" pursuant to the posed area, total acreage, landowner name and address.
federal Endangered Species Act of 1973, 16 US. 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
I 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 orpopulation.
lowing information 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, mbl-
(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 mom from the Director.
common than previously believed and documented. C. The following wildlife, reptile, amphibian, mollusk,
(4) All known threats whichjeopardize its continuedex- 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 (Procotyla typhlops).
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 natidnal signifi- (a) Dearolf's Cave Amphipod (Crangonyx dearolfi);
cance. There shall be adequate documentation that it occurs (b) Greenbriar Cave Amphipod (Stygobromus emargi-
naturally and is permanently established in Maryland. natus),
(c) Shenandoah Cave Amphipod (Stygobromus graci-
.03 Permits. lipes).
A. Permits to take, transport, possess, sell, offer for sale, (4) Insects.
export or import any listed species may be obtained from 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 puritana),
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) Reggl 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 tigrinum),-
D. A permit application shall describe the purpose of the (b) Green Salamander (Aneides aeneus);
request in such detail that the Director ca 'n 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).
K The Director shall consider, but not be limited to, the (7) Reptiles.
following information: (a) Atlantic Leatherback Turtle (Dermochelys coria-
(1) The number of other known occurrences.of the spe- cea);
cies in the State, (b) Atlantic Hawksbill Turtle (Eretmochelys imbrica-
(2) Which of the occurrences of the species in �E(1) exist ta),
on: (a) Private lands, (c) Northern Coal Skink (Eumeces anthracinus),
(b) Public lands; and (d) Atlantic Ridley Turtle (Lepidochelys kempi);
(c) What protection there is for the species'conti nued chra). (e) Mountain Earth Snake (Virginia valeriae- pul-
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.., (b) Peregrine Falcon (Falco pfregrinus);
F Violation of any provision or restriction of the permit (c) Bald Eagle (Haliaeetus leucocephalas),-
shall constitute a violation of this regulation and may re- (d) Loggerhead Shrike (Lanius ludovicianus);
sult, at the discretion of the Director, in the revocation of the (e) Bewick's Wren (Thryomanes bewickii).
permit and confiscation of the species taken orpossessed. (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 (Baluenoptera phvsalus):

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

722 PROPOSED ACTION 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 of Plants. (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 (Equisetumfluviatile);
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) Whether 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 Firnbristylis (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 by 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 or population; (52) Mudwort (Limosella subulata);
(2) A person may not : (53) Sandplaiid Flax (Linum intercursurn);
(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 canbyi);
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-
property except by special permit from the Director; and tens);

(c) Take any endangered plant species from private (59) Erect Water-Hyssop (Mecardonia acuminata);
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-Milfoil (Myriophylqium humiqle);
throughout Maryland unless a smaller range is indicate& (62) Floating-Heart (Aqymphoides cordata);
(1) Sensitive Joint-Vetch (Aeschynomene virginica); (63) Virginia False-Gromwell (Onosmodium virginia-
(2) Sandplain Gerardia (Agalinis acuta); num);
(3) (Agalinis fasciculata); (64) Canby's Dropwort (Oxypolis canbyi);
(4) Thread-Leaved Gerardia (Agalinis setacea); (65) Tall Swamp Panicgrass (Panicum scabriusculum);
(5) Woolly Three-Awn (Aristida lanosa);
(6) Virginia Heartleaf (Asarum virginicum); (66) Wright's Panicgrass (Panicum wrigtianum);
(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 dissectum);
(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 (Cardamine 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);
(19) (Carex joorii); (76) Alleghany Plum (Prunus alleghaniensis);
(20) Dark Green Sedge (Carex venusta); (77) Short-Beaked Baldrush (Psilocarya nitens);
(21) Marsh Wild Senna (Cassia fasciculata var. macros- (78) Long-Beaked Baldrush (Psilocarya scirpoides);
perma); (79) Harperella (Ptilimnium nodosum);
(22) Spreading Pogonia (Cleistes divaricata); (80) One-Sided Pyrola (Tyrola secunda);
(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);
(27) Linear-Leaved Tick-Trefoil (Desmodium lineatum); (84) Thread-Leaved Beakrush (Rhynchospora filifolia);
(85) Gross-Like Beakrush (Rhynchospora globularis);

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

PROPOSED ACTION ON REGULATIONS 723

(86) Clustered Beakrush (Rhynchospora glomerata); (33) Chaffweed (Centunculus minimus);
(87) Drowned Hornedrush (Rhynchospora inundata) ; (34) Purple Clematis (Clematis occidentalis);
(88) Torrey's Beakrush (Rhynchospora torreyana); (35) Curly-Heads (Clematis 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 etuberculatus); (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 pauciflo-
(95) Pink Bog-Button (Sclerolepis uniflora); rum);
(96) Ralberd-Leaved Greenbrier (Smilax pseudo-china); (42) (Digitaria villosa);
(97) Red-Berried Greenbrier (Smilax walteri); (43) (Eleocharis halophila);
(98) Showy 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);
State's flora and fauna and there are no records of it natu- (52) Sea Milkwort (Glaux maritima);
rally occurring in Maryland after 1950, or (53) Sharp-Scaled Mannagrass (Glyceria acutiflora);
(2) The species was once a viable component of the (54) Dwarf Rattlesnake-Plantain (Goodyera repeas);
(55) Tesselated Rattlesnake-Plantain (Goodyera tessela-
State's flora 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 (Honkenya peploides);
curring population of any species in ��C - H, that speci
will be considered an endangered species and shall requi (59) Nits-and-Lice (Hypericum drummondiqi);
(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) Bloobdleaf (Iresine rhizomatosa);
(1) Pine-Barren Gerardia (Agalinis virgata); (63) Small Whorled Pogonia (Isotria medeoloides);
(2) Rough-Stemmed Wheatgrass (Agropyrontrachycau- (64) Small-Headed Rush (Juncus brachycephalus);
lum);
(3) Golden Colicroot (Aletris aurea); (65) New Jersey Rush Wuncus caesariensis);
(4) Beach Pigweed (Amaranthus pumilus); (66) (Juncus megacephalus);
(5) Canada Anemone (Anemone canadensis); (67) Bayonet Rush(Juncus militaris);
(6) Great Angelica (Angelica atropurpurea); (68) Torrey's Rush (Juncus torreyi);
(7) Filmy Angelica (Angelica triquinata); (69) Common Juniper (Juniperus communis);
(8) Arethusa (Arethusa bulbosa); (70) Narrow-Leaved Pinweed (Lechea tenuifolia);
(71) Catchfly-Grass (Leersia qlenticularis);
(9) Lake Cress (Armoracia aquatica); (72) Long-Awned Diplanche (Leptochloa fascicularis);
(10) Bradley's Spleenwort (Asplenium bradleyi); (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 Twayb1ade (Listera cordata);
(17) Triangle Grape-Fern (Botrychium lanceolatum); (80) (Lobelia glandulosa);
(18) Leathery Grape-Fern (Botrychium multifidum); (81) Carolina Clubmoss (Lycopodium carolinianurn);
(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 decipiens);
(22) (Carex careyana); (84) (Matelea obliqua);
(23) Cypress-Knee Sedge (Carex decomposita); (85) Broad-Leaved Bunchflower (Melanthium latifoli-
(24) (Carex foenea); um);
(25) (Carex glaucescens); (86) Nuttall's Micranthemurn (Micranthernum micran-
(26) Lake-Bank Sedge (Carex lacustris); themoides);
(27) New England Sedge (Carex nouae-angliae); (87) Evergreen Bayberry (Myrica heterophylla);
(28) Variable Sedge (Carex polymorpha);
(29) (Carex striatula); (88) Thread-Like Naiad (Najas gracillimaq);
(89) Northern Panicgrass (Panicum boreale);
(30) (Carex tenera); (90) May Grass (Pharlaris caroliniana);
(31) (Carex tetanica); (91) (Phlox carolina);
(32) Wood's Sedge (Carex woodii);

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); (7) Greater Prairie Chicken (Tympanuchus cupido).
(95) Heart-Leave@d Plantain (Plantago cordata), H, The following mammal species are considered endan-
(96) Slender Plantain (Plantago pusilla), gered extirpated throughout Marylan&
(97) tPoa 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 concolor);
(100) Redheadg@@ass (Potamogeton richardsonii); (4) Snowshoe Hare (Lepus arnericanus),
(101) Robbins'Pondweed (Potamogeton robbinsii); (5) Marten (Martes americana).
(102) Flatstem Pondweed (Potamogeton zosteriformis); .07 Threatened Species of Wildlife, Reptiles, Amphibi-
(103) Pale Mannagrass (Puccinellia pallida), ans, Mollusks, Crustaceans, and Finfish.
(104) Awned mountain-Mint (Pycnanthemum setosum), A. Listing Criteria. The following factors shall be consid-
(105) Greenish-Flowered Tyrola (Tyrola virens),
(106) (Ranuncul Ius hederaceiti); ered for listing species other than plant species as threat-
(107) Bristly Crowfoot (Ranunculus pensylvanicus); ened:
(108) Awned Me iadow-Beauty (Rhexia aristosa); (1) Whether the species has experienced a steady, sub-
(109) Tiny-Headed Beakrush (Rhynchospora mi .croce- stantial decline in Maryland, and if the decline continues,
phala); the species is likely to become endangered;
(110) Few-Flowered Beakrush (Rhynchospora rariflor-a), (2) Whether there has been steady, widespread loss of
(111) Wild Black Currant (Ribes americanum),- the species' essential habitat; or
(112) Hairy Wild Petunia (Ruellia humilus); (3) Whether protection measures already taken have sig-
(113) Pursh's Rul ellia (Ruellia purshiana); nificantly reduced the chances of the species becoming extir-
I 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 A&owhead4,@agittaria teres), 'I
(117) Shining W Iillow (Salix lucida), (1) E@cept by special permit from the birector aperson
(118) (Salvia urticifolia),- may not take, export, possess, process, sell, offer for sale, de-
(119) Hard-Stem' Bulrush (Scirpus acutus); liver, carry, transport or ship by any means-any threatened
(120) Torrey's Chibrush (Scirpus torreyi); wildlife, reptik amphibian, mollusk, crustacean or finfish
(121) Shining N4trush (Scleria nitida); species.
(122) Veined Skullcap (Scutellaria nervosa),- on (2) Permits to take threatened species shall be issued
(123) Small Skullcap (Scutellaria parvula); ly for:
(124) Sand Blueqlyed-Grass (Sisyrinchium arenicola), (a) Scientific research designed to enhance the recov-
(125) Mountain Goldenrod (Solidago, roanensis); ery of the species or population;
(126) Rock Goldenrod (Solidago, rupestris); (b) Other valid scientific research, or
(127) (Sorghastrum elliottii); (c) Educational purposes designed to further public
awareness regarding the species.
(128) Indian-Pink (Spigelia marilandica);
(129) (Stachys aspera),- (3) Incidental taking of a threatened wildlife, reptile,
(130) Trailing Sfitchwort (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 (Tofteldila 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) (Triglochinistriatum); p ceipt of the application for an incidental takingpermit from
(136) Tall Corns(ilad (Valerianella umbilicata); the landowner, shall within 30 days either.
(137) Purple Vetch (Vicia americana); (a) Take action to salvage the threatened species; or
(138) Wolffiella (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 indicate&
(3) Trout-Perch (Percopsis omiscomaycus). (1) Crustaceans, Allegheny Cave Amphipod (Stygobro-
E. The following amphibian species is considered endan- mus allegheniensis).
gered extirpated throuihout Maryland: Greater Siren (Siren (2) Insects. Rare Skipper (Problema 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).
en'trogramma). (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's Sparrow (Aimophila 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 becorne 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 designed 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 p@otection 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 research 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 threatenedplant species from Stateprop- (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) Henslow's Sparrow (Ammodramus henslowii);
property without the written permission of the landowner. (b) Short-Eared Owl (Asio flammeus),-
C. The following plant species are considered threatened (c) American Bittern (Botaurus lentiginosus),
throughout Maryland unless a smaller range is indicate& (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 (Athyrium. pycnocarpon); (g) American Oystercatcher (Haematopus palliatus);
(4) Maryland Bur-Marigold (Bidens bidentoides); (h) Least Bittern (Ixobrychus exilis);
(5) Button Sedge (Carex bullata); W Black Rail (Laterallus jamaicensis);
(6) Shoreline Sedge (Carex hyalinolepis), 0) Swainson's Warbler (Limnothlypis swainsonii);
(7) Inflated Sedge (Carex vesicaria); (k) Least Tern (Sterna-,antillarum).
(8) Leatherleaf (Charnaedaphne calyculata); (6) Mammals.
(9) Red Turtlehead (Chelone obliqua), (a) Porcupine (Erethizon dorsatum),-
(10) Goldenseal (Hydrastis canadenis); (b) Bobcat (Lynx rufus);
(11) Deciduous Holly (Ilex decidua), (c) Least Weasel (Mustela nivalis);
(12) Narrow-Leaved Bushclover (Lespedeza angustifo- (d) Small-Footed'Bat (Myotis leibii),-
Zia), (e) Southeastern Shrew (Sorex longirostris).
(13) Wild Lupine (Lupinus perennis); .10 Natural Heritage Areas.
(14) Climbing Fern (Lygodium. palmatum); A. Listing Criteria. In order to qualify as a natural heri-
(15) American Lotus (Nelumbo lutea); tage area a naturul community shall.
(16) Red Bay (Persea borbonia);
(17) Pale Green Orchis (Platanthera flava), (1) Contain one or more threatened 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 ofgeological, 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 (Thalictrurn steeleanum); Forest, Park and Wildlife Service, Department of Natural
(26) Kate's-Mountain Clover (Trifolium virginicum); Resources, Tawes State Office Building, Annapolis, MD
(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 ......... A I lega ny Co u n (y;
A. Listing Criteria. The following factors shall be consid- (2) Maple Run ...................... Allegany County,-
ered for listing a species as in need of conservation: (3) Outdoor Club Shale Barrens ...... Allegany County;
(1) Whether thepopulation is limited or declining with- (4) Sideling Hill Creek - - A Ilegany, Wash ington Cou n ty;
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 County,
foreseeable future, if current trends or conditions persist. (7) Upper Patuxent
B. Permits. The permit procedures to be followed are set Marshes.. Anne Arundel, Prince George's County;
forth in Regulation .03. The following apply: (8) Black Marsh ................... Baltimore County;
(1) Except by special permit, a person may not take, ex- (9) Robert E. Lee Park .............. Baltimore County,-
port, possess, process, sell, offer for sale, deliver, carry, trans- (10) Camp Roosevelt Cliffs ............. Calvert County;
port. or ship by any means any species in need of conserva- (11) Cove Point Marsh ................ Calvert CourltY;
tion. (12) Flag Ponds ...................... Calvert Count.i,-
(2) Permits to take species in need of conservation shall (13) Randle Cliff Beach ............... Calvert Count.v;
be issued only for:

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

726 PROPOSED ACTION ON REGULATIONS

(14) Grove Neck ........................ Cecil County; 11. Types of
(15) Plum Creek ........................ Cecil County; Economic Impacts. Revenue
Expense Magnitude
(16) 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 N ,anjemoy Creek ........... Charles County; crease in workload as a result of
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 County; agencies affected:
(23) Upper Black water River ....... Dorchester County,- Additional cost to prepare sub-
mittals to the Department for re-
(24) Upper Nanticoke River, Marshes view and approval. Indeterminable.
and Swamps ...... Dorchester, Wicomico County; Depends on
(25) High Rock ...................... Garrett County, amount of
(26) Toliver Run ..................... Garrett County, applications
(27) Great Falls ................. Montgomery County; received from
other agencies.
(28) Irish Grove .................... Somerset County; C. On regulated industries or
(29) Hickory Point Cypress Swamp ... Worcester County; trade groups:
.(30) Lower @V@ssawango Creek ....... Worcester County, 1. Additional cost to prepare
n engineered submittals to the
(31) Mattaponi .................... Worcester County,
Department for review and ap-
(32) North Sinepuxen t Bay Dunes .... Worcester County. proval. $500,000
2. Cost to persons obtaining
.11 Violation ofRegulations. a permit due to processing
Violation of @he'se -regulations is a misdemeanor punish- time. $87,250
able tinder Natural Resources Articles, ��10-2A-07, 10-1101 3. Time delay for those proj
ects that require an adminis-
et seq., 4-2A-07, an' d 4-1201 et seq., Annotated Code of Mary- trative opportunity for a pub-
land lic hearing. $105,000
r D. On other industries or.
TORREY C. BROWN, M.D. trade groups affected:
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 Flood0lains trade groups.
E. Direct and indirect effects
Authority: Natural Resources Article ��8-801 thru 8-814, on public: Could be very
Annotated Code of Maryland large.
IH. Assumptions. (Identified by Impact Letter and Number
Notice of Proposed Action from Section IR
[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 waterway 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.
environmentally sensitive areas of the State's waterways. B. An estimated expense to other State and local agencies would
be based upon the time and material required to prepare permit
applications.
Estimate of Economic Impact C.1. 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.
i D. Depending on the amount of detailed submittals required for
Resources. The regulatory changes proposed at this time are neces.
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 r6sources 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

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