Full text of "Areas of critical state concern : designation report : tidal wetlands, non-tidal wetlands, protection and enhancement of rail services, special areas."

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AREAS OF

CRITICAL STATE

CONCERN

DESIGNATION
REPORT

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MARYLAND DEPARTMENT OF STATE PLANNING

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AREAS OF

CRITICAL STATE

CONCERN

DESIGNATrON
REPORT

MARYLAND DEPARTMENT OF STATE PLANNING

AUBSIKCII

AREAS OF CRITICAL STATE CONCERN:
DESIGNATION REPORT

Tidal Wetlands

Non-Tidal Wetlands

Protection and Enhancement of Rail Services

Special Areas

January 1981

The preparation of this document was financed in part through a compre-
hensive planning grant from the United States Department of Housing and
Urban Development, and in part through Coastal Zone Management funds as
administered by the Maryland Department of Natural Resources.

Department of State Planning Publication 81-9
(Price: $20)

STATE OF MARYLAND
Harry Hughes, Governor

DEPARTMENT OF STATE PLANNING

Constance Lieder , Secretary

John R. Sherwood, III, Deputy Secretary

301 W. Preston Street
Baltimore, Maryland 21201

Prepared by

Comprehensive Policy Planning Division
Edwin L. Thomas, Assistant Secretary

Critical Areas Project Staff

Laurence S. Fogelson, Project Director

Chief, Natural Resources Planning

Gary W. Schlerf

La Verne Gray

Contributing Staff

Bruce E. Bozman William C. Livingston

Larry Duket James E. Nelson, Jr.

Roland E. English, III Mike Nortrup

Leon Etzler Aubrey Romine

Stoney Fraley Mike Shepherd

Graphics: Robert W. Barth
George T. Evans
Edward M. Hopper

Clerical Assistance: Nancy Ancel

Pat Harper
Linda Keller
Fran Marchlinus
Wendy Rose
Pat Russell
Carol Ruth
Cathy White
Sylvia Williams

Digitized by the Internet Archive

in 2010 with funding from

Lyrasis IVIembers and Sloan Foundation

http://www.archive.org/details/areasofcriticals819mary

€xecutibE department

EXECUTIVE ORDER
01.01.1981.06

AREAS OF CRITICAL STATE CONCERN

WHEREAS ,

WHEREAS,

NOW, THEREFORE,

In preparing an element of the State DeveloD-
ment Plan, the Secretary of State Planning
has acted under Article 88C, §2 (b)(3) of the
Annotated Code of Maryland and COMAR 16.04.01
to identify and designate certain areas of
Critical State Concern; and

In accordance with Article 88C, §5 of the
Code, the Secretary has submitted these
designations to the Governor in the form of
the Areas of Critical State Concern Designation
Report, dated January 1981; and

Article 88C, §5 authorizes the Governor to
file a copy of the designations, together
with his comments, in the Office of the
Secretary of State and, on a filing, directs
the Governor to transmit copies of the desig-
nations and his comments to the heads of all
departments and agencies of State Government
and to the General Assembly;

I, HARRY HUGHES, GOVERNOR OF flARYLAND, BY
VIRTUE OF THE AUTHORITY VESTED IN ME BY THE
CONSTITUTION AND LAWS OF MARYLAND, DO HEREBY
DIRECT THAT:

1. The Secretary of State shall file among
the records of the State the Areas of Critical
State Concern Designation Report, dated
January 1981.

2. The Secretary of State Planning shall make
copies of the Areas of Critical State Concern
Designation Report available for general distri-
bution or sale.

3. The heads of all departments and agencies
of State government, in cooperation v/ith the
Department of State Planning and in partnership
with local governments, other interested parties,
and private landowners, shall, to the extent
consistent with the law, carry out all of their
duties and responsibilities in a manner compatible

with the Areas of Critical State Concern
Designation Report, dated January 11^01,
and with any future designations that are
made by the Secretary of State Planning and
filed by the Governor in the Office of the
Secretary of State.

GIVEN Under My Hand and the
Great Seal of the State of
Maryland in the City of
Annapolis this ^/ ^^ day of
^ ' , 1931.

IMyiZrjL

H^ty Hughes
Governor /

EK^d L. Wine 3

land
Secretary of State

MARYLAND

DEPARTMENT OF STATE PLANNING

301 W. PRESTON STREET
BALTIMORE, MARYLAND 2 1 20 1
HARRY HUGHES CONSTANCE LIEDER

GOVERNOR SECRETARY

Jan.uaa?y 26, I98I

Hon. Haxry Hughes
The State House
Annapolis, llaxylaxid 21iiOU

Dear Governor Hughes:

I am pleased to forward to you the initial Areas of Critical State
Concern Designation Report. I have designated the areas described in
this Report piirsuant to Article 88g, Section 2(b)(3) of the Annotated
Code. The designations were raade on January 9, and became effective
with the publication of the January 23, 19^1, Karyland Register.

The Report contains a description and nap of each designated area, and
a discussion of management policy, based on existing powers, for each
class of designated areas. An inventory of existing State, local, and
Federal powers relevant to the management of each class is also
included.

This Report represents the beginning of a continuing Critical Areas
Program which will contribute to ths improved management of the State's
resources. The designated areas have been screened, evaluated, and
agreed to by the governmental bodies in whose jurisdiction they occur,
and by mimerous State agencies. The proper management of these areas
is important to the general welfare and prosperity of Maryland and its
citizens. The State agencies in partnership with local governments
and other interested parties are responsible for managing these areas
to assure that the purposes for which they have been designated are
achieved.

Very sincerely yours.

C^^iZp^&^cce.ii^^^^^<^^

Constance Lieder
CL:ELT:LF:fm

TELEPHONE: 301-383-2451
OFFICE OF SECRETARY

ACKNOWLEDGEMENTS

The Department wishes to thank the many State agencies and local
government staff members who have contributed to the overall deve-
lopment of this program and more recently to providing the important
detailed information necessary to the production of this report.
In particular, staff of the Tidewater Administration and Water
Resources Administration of the Department of Natural Resources,
staff of the State Railroad Administration of the Department of
Transportation, and staff of the Division of Local and Regional
Development of the Department of Economic and Community Develop-
ment provided important program and technical support.

CONTENTS

Letter of Transmittal i

Acknowledgements ii

List of Maps vi

List of Tables vii

Summary viii

Chapter One: Tidal Wetlands Designated Areas

I. Definition 1-1

II. Management Policy 1-3

III. Area Descriptions 1-23

Site Number

TN 1. Severn Run Tributaries - Anne Arundel County 1-2A

TN 2. Jug Bay - Anne Arundel and Prince George's

Counties 1-32

TN 3. Eagle Hill/Bog - Anne Arundel County 1-AO

TN 4. South River Headwaters - Anne Arundel County 1-44

TN 5. Round Bay Bog - Anne Arundel County 1-52

TN 6. Gunpowder Delta Marsh/Day's Cove - Baltimore and

Harford Counties 1-55

TN 7. Zekiah Swamp - Charles and Prince George's

Counties 1-61

TN 8. Mattawoman Creek - Charles and Prince George's

Counties 1-68

TN 9. Big Marsh/Howell Point - Kent County 1-74

TN 10. Broad/Henson Creek Marsh - Prince George's County 1-78

TN 11. Piscataway Creek - Prince George's County 1-82

TN 12 . Chaptico Run - St . Mary ' s County 1-88

TN 13. Killpeck/Trent Hall Creeks - St. Mary's County... 1-92
TN 14. Pocomoke River - Somerset, Wicomico, Worcester

Counties 1-95

T 15. Sullivan's Cove Marsh - Anne Arundel County 1-96

T 16. Deep Pond/Beverly Beach - Anne Arundel County.... 1-100

T 17. Black Marsh - Baltimore County .' 1-104

T 18. Bush Creek Marsh - Harford County 1-108

T 19. Church Creek Marsh - Harford County 1-112

T 20. Otter Point Creek Marsh - Harford County 1-116

T 21. Swan Creek Marsh - Harford County 1-122

Chapter Two: Non-Tidal Wetlands Designated Areas

I. Definition 2-1

II. Management Policy 2-3

III. Area Descriptions 2-5

Site Number

TN 1. Severn Run Tributaries - Anne Arundel County 1-24

TN 2. Jug Bay - Anne Arundel and Prince George's

Counties 1-32

TN 3. Eagle Hill/Bog - Anne Arundel County 1-40

TN 4. South River Headwaters - Anne Arundel County 1-44

TN 5. Round Bay Bog - Anne Arundel County 1-52

TN 6. Gunpowder Delta Marsh/Day's Cove - Baltimore and

Harford Counties j 1~55

TO 7. Zeklah Swamp - Charles and Prince George's

Counties

TN 8. Mattawoman Creek - Charles and Prince George s

Counties

TO 9. Big Marsh/Howell Point - Kent County 1-'^

TO 10. Broad/Henson Creek Marsh - Prince George's

„ ^ 1—78

County

TO 11. Piscataway Creek - Prince George s County i-e-^

TO 12. Chaptico Run - St. Mary's County 1-88

TO 13. Killpeck/Trent Hall Creeks - St. Mary's County... 1-92

TO 14. Pocomoke River - Somerset, Wicomico, Worcester

Counties

N 15. Fresh Pond/Angel's Bog - Anne Arundel County 2 /

N 16. Battle Creek Cypress Swamp - Calvert County 2-11

N 17. Finzel (Cranberry) Swamp - Garrett County 2-15

N 18. Potomac Shoreline Marshes - Montgomery County 2-19

N 19. Suitland Bog - Prince George's County 2-27

Chapter Three: Protection and Enhancement of Rail Services
Designated Areas

I. Definition __t

II. Management Policy ^^^

III. Area Descriptions

Site Number .

1 r. teford Secondary - Caroline and Talbot Counties.. 3-12

R 2. Denton Track - Caroline and Talbot Counties 3-12

R 3*. Western Maryland-East Subdivision - Carroll and

Baltimore Counties 3-

R A. Octoraro Secondary - Cecil County 3

R 5. Cambridge Secondary - Dorchester and Caroline

Counties

R 6. Preston Industrial - Dorchester and Caroline

Counties

R 7 . Vienna Track - Dorchester County J J-^

R 8. Frederick Secondary - Frederick and Carroll

Counties ;

R 9. Centreville Secondary - Kent and Queen Anne s

„ ^ . 3-43

Countxes

R 10. Chester town Secondary - Kent County 3-43

R 11. Crisfield Secondary - Somerset County 3-48

R 12 . Mardela Track - Wicomico County 3-51

R 13. Pocomoke Secondary - Worcester County 3-55

R 14. Snow Hill Secondary - Worcester County 3-59

R 15. Ocean City Track - Worcester County 3-59

Chapter Four: Special Areas
I. Defini
II. Area Descriptions 4_2

I. Definition i^_-^

Site Number

S 1. Pocomoke River - Somerset, Wicomico, Worcester

Counties 4_3

S 2. Salisbury Paleochannel - Wicomico County 4-14

Appendix A: Wetlands Management Programs: Inventory and

Description A-1

Appendix B: Protection and Enhancement of Rail Service Programs:

Inventory and Description B-1

Appendix C: Wetland Critical Areas: Classification C-1

LIST OF MAPS

1. Designated Critical Areas Back Pocket

2. Designated Tidal Wetlands 1-2

3 . Severn Run Tributaries - TN 1 1-28

4. Jug Bay - TN 2 1-36

5 . Eagle Hill Bog - TN 3 1-43

6. South River Headwaters - TN 4 1-48

7 . Round Bay Bog - TN 5 1-54

8. Gunpowder Delta Marsh/Day's Cove - TN 6 1-59

9 . Zekiah Swamp - TN 7 1-65

10. Mattawoman Creek - TN 8 1-71

11. Big Marsh/Howell Point - TN 9 1-77

12 . Broad/Henson Creek Marsh - TN 10 1-81

13. Piscataway Creek - TN 11 1-86

14. Chaptico Run - TN 12 1-90

15. Killpeck/Trent Hall Creeks - TN 13 1-94

16. Sullivan's Cove Marsh - TN 15 1-99

17 . Deep Pond/Beverly Beach - T 16 1-103

18. Black Marsh - T 17 1-107

19. Bush Creek Marsh - T 18 1-111

20. Church Creek Marsh - T 19 1-115

21 . Otter Point Creek Marsh - T 20 1-120

22. Swan Creek Marsh - T 21 1-125

23. Designated Non-Tidal Wetlands 2-2

24. Fresh Pond/Angel ' s Bog - N 15 2-10

25. Battle Creek Cypress Swamp - N 16 2-14

26. Finzel (Cranberry) Swamp - N 17 2-18

27 . Potomac Shoreline Marshes - N 18 2-2 4

28. Suitland Bog - N 19 2-29

29 . Rail Service and Special Areas 3-2

30. Oxford Secondary (North) - R 1 3-15

31. Oxford Secondary (South) - R 1 3-16

32. Denton Track - R 2 3-17

33. Western Maryland - East Subdivision (West) - R 3 3-21

34. Western Maryland - East Subdivision (East) - R 3 3-22

35 . Octoraro Secondary - R 4 3-26

36. Cambridge Secondary (West) - R 5 3-30

37. Cambridge Secondary (East) - R 5 3-31

38. Preston Industrial - R 6 3-32

39 . Vienna Track - R 7 3-35

40. Frederick Secondary (North) - R 8 3-41

41. Frederick Secondary (South) - R 8 3-42

42. Centreville Secondary (South) - R 9 3-46

43. Chestertown Secondary and Centreville Secondary (North) -

R 9 and R 10 3-47

44. Crisfield Secondary - R 11 3-50

45 . Mardela Track - R 12 3-54

46 . Pocomoke Secondary - R 13 3-58

47. Snow Hill Secondary (North) and Ocean City Track - R 14 & 15.. 3-62

48. Snow Hill Secondary (South) - R 14 3-63

49 . Pocomoke River -SI (TN 14) 4-9

50 . Salisbury Paleochannel - S 2 4-19

LIST OF TABLES

Table 1 - Management Programs Applicable to Wetlands 1-10

Table 2 - Summary of Selected Economic Development Assistance

Programs , 3-8

SUMMARY

The Department of State Planning' s enabling legislation. Article 88C,
requires designation of Areas of Critical State Concern, after
consultation with and in consideration of recommendations submitted
by local governments. The legislation also empowers the Department
to promulgate guidelines for use by local subdivisions in making
critical area recommendations. Guidelines were published in the
Maryland Register on January 7, 1976, the product of an extensive,
cooperative effort between the Department, other State agencies, local
governments and interest groups.

By mid-1977, the Department began to receive locally recommended
critical areas. The recommendations were submitted in a staggered
manner. It became necessary to amend the guidelines in June of 1978
to extend the review and submittal periods to more realistically
reflect the ongoing nature of the critical area process and the
individualized attention accorded each jurisdiction. Ultimately, twenty
counties, Baltimore City and 12 municipalities submitted critical
area recommendations for over 250 individual areas. Many other sites
were recommended by State agencies and public interest groups.

In 1979-80, the status and substance of the program were evaluated.
Analysis of these recommended areas revealed considerable diversity
in the type and number of sites and the proportion of each jurisdic-
tion included in recommendations. Further, it was found that there
were interjurisdictional inconsistencies, absence of an overall theme,
and no sound, consistent way to manage the areas. Also, a wide range
of attitudes concerning the program was revealed: some jurisdictions
desired little or no local involvement or State level action; others
openly supported the program with a desire for high priority, strong
attention at the State level. Some public interest groups had
expectations for the program beyond the Department's legal authority
to fill.

During the same period, the Coastal Resources Division of the Department
of Natural Resources reaffirmed its decision to use the Critical
Areas Program to implement the Geographic Areas of Particular Concern
Program. The Coastal Resources Division has assisted by providing
financial support and preparing a report suggesting which classes and
locally recommended areas in the Coastal Zone should be given early
consideration for designation.

As a result of the evaluation of the program and the discussion of

issues concerning the program during the 1980 Session of the General

Assembly, the Department established the following definition of an
Area of Critical State Concern:

An Area of Critical State Concern is a specific
geographic area of the State which, based on studies of
physical, social, economic and governmental conditions
and trends, is demonstrated to be so unusual or signi-
ficant to the State that the Secretary designates it

for special management attention to assure the preser-
vation, conservation, or utilization of its special
values. Additionally, the following objectives were
established to guide the critical areas program:

1. To designate Areas of Critical State Concern in
accordance with the legislative requirements.

2. To use existing techniques to manage the desig-
nated Areas of Critical State Concern for the
purpose of protecting their values and to
improve existing or to recommend new management
practices and programs if needed.

3. To establish and efficiently operate a continuing,
effective Critical Areas Program involving
generic classes and site identification, desig-
nation, management and monitoring.

This document contains the first formal designation of Areas of Critical
State Concern. These designated areas are within four classes:
1) tidal wetlands, 2) non-tidal wetlands, 3) protection and enhancement
of rail service, and 4) special areas. The following sections describe
each class and site and their management. While these designations are
a milestone in the critical areas program, this is but an initial step.
A continuing program is envisioned leading to the designation of addi-
tional sites within these and added generic classes.

Critical Areas, designated as part of the State Development Plan are
accorded special status and will receive special attention. It is
intended that State and local governments should care for these areas
and their actions should reflect a major commitment toward these re-
sources and the continuing program. The following efforts will be
exerted to gain action consistent with this commitment:

STATE ACTIONS

Department of State Planning

Intervene in administrative, judicial or other proceedings con-
cerning land use, development, or construction in order to gain
proper management of critical areas.

Prepare model zoning, subdivision and other regulatory provisions
to aid in management of critical areas.

Conduct State clearinghouse project reviews to assure consistency
with management and other aspects of critical areas.

Make capital improvements decisions that will avoid, to the extent
possible, or mitigate detrimental impacts on critical areas.

Provide technical assistance to State and local agencies to aid
in critical area identification and management.

Give high priority in the administration of planning grant
assistance programs to substate jurisdictions that will enhance
and implement the critical area program.

Evaluate the effectiveness of the critical areas program and
should any deficiency be found make needed adjustments to those
activities within the purview of the Department and make recom-
mendations including changes in laws, regulations, or administrative
procedures .

Other State Agencies

Conduct regulatory and permit activities consistent with the
management and other aspects of the designated areas.

Assure agency planning and programming activities include the
designated critical areas as a primary factor and the resultant
plans and programs are consistent with the areas' delineations
and management .

Carry out construction projects, grants, assistance programs and
other decision-making responsibilities compatibly with the
designated critical areas.

Assist in defining new generic classes and determining the priority
to be accorded each class.

Aid in identifying potential critical areas by indicating which
sites within generic classes are of major significance.

Provide technical data and information to local agencies for their
use in recommending potential critical areas.

LOCAL GOVERNMENT

Adopt designated critical areas as part of local comprehensive and
other plans and incorporate them within the overall local planning
program of each local jurisdiction.

Assure that zoning, subdivision, growth management and other deci-
sions are consistent with critical area designations and, where
required, appropriate plans are amended.

Conduct an annual assessment to ascertain the impact of decisions
and actions on the designated areas and include the results in the
planning agency's annual report.

Assure that sewer, water, transportation and other facility and
utility actions are consistent with the critical areas.

Assist in defining new generic classes and make recommendations of
areas within each added class.

REPORT ORGANIZATION

Each chapter discusses one generic management class selected for
designation purposes: Chapter One - Tidal Wetlands, Chapter Two -
Non-Tidal Wetlands, Chapter Three - Preservation and Enhancement
of Rail Service, and Chapter Four - Special Areas. A definition
of the generic class, a discussion of overall management policy
for that class, and discussion and map of each designated area is
included. Appendix A is an inventory and description of the
existing management authorities and programs applicable to wetlands.
The Appendix is keyed into Table 1 on pages 1-10 to 1-22 of
Chapter One. Appendix B is an inventory and description of economic
development programs applicable to the Rail Service designations.
It is keyed into Table 2 on pages 3-8 to 3-10 of Chapter Three.
Appendix C contains a scientific classification of each designated
wetland and the State water quality standards that apply to the
waters in and around each designated wetland.

Chapter One

TIDAL WETLANDS
DESIGNATED AREAS

SEVERN RUN TRIBUTARIES

JUG BAY

EAGLE HILL BOG

SOUTH RIVER HEADWATERS

ROUND BAY BOG

GUNPOWDER DELTA MARSH/DAY'S COVE

ZEKIAH SWAMP

MATTAWOMAN CREEK

BIG MARSH/HOWELL POINT

BROAD/HENSON CREEK MARSH

PISCATAWAY CREEK

CHAPTICO RUN

KILLPECK/TRENT HALL CREEKS

POCOMOKE RIVER

SULLIVAN'S COVE MARSH

DEEP POND/BEVERLY BEACH

BLACK MARSH

BUSH CREEK MARSH

CHURCH CREEK MARSH

OTTER POINT CREEK MARSH

SWAN CREEK MATISH

Scale in Miles

Prepared by

MARYLAND DEPARTMENT OF STATE PLANNING

January, 1981

GARRETT

k LL E G A N Y

MARYLAND DESIGNATED
CRITICAL AREAS

TIDAL WETLANDS

1 SEVERN RUN TRIBUTARIES

2 JUG BAY

3 EAGLE HILL BOG

A SOUTH RIVER HEADWATERS

5 ROUND BAY BOG

6 GUNPOWDER DELTA MARSH/DAY'S COVE

7 ZEKIAH SWAMP

8 MATTAWOMAN CREEK

9 BIG MARSH/HOWELL POINT

10 BROAD/HENSON CREEK MARSH

11 PISCAT AWAY CREEK

12 CHAPTICO RUN

13 KILLPECK/TRENT HALL CREEKS

14 POCOMOKE RIVER

15 SULLIVAN'S COVE MARSH

16 DEEP POND/BEVERLY BEACH

17 BLACK MARSH

18 BUSH CREEK MARSH

19 CHURCH CREEK MARSH

20 OTTER POINT CREEK MARSH

21 SWAN CREEK MAT1SH

6 13

Scala InMilat

Prepared by

MARYLAND DEPARTMENT OF STATE PLANNING

January. 1961

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DORCHESTER

Current statutes, regulations, and common law can be administered
toward the common goal of properly managing land use activities
proposed to occur within, or near, wetlands. These laws also protect
wetlands by managing development, water and land uses and activities,
and pollution discharge in the total watershed of any particular wetland.
The State Is authorized to enter into interstate agreements to promote
coordinated and cooperative programs that can protect wetlands and
also has special management authorities over specific waters and other
natural areas that may affect wetlands.

Critical areas management embodies the concept of coordinating State,
Federal, and local planning, acquisition, regulation, funding and
setting standards in order to achieve the goals and objectives of the
Program. The Maryland Environmental Policy Act* provides a basic
framework for a coordinated environmental policy that will guide State
actions toward the goal of environmental conservation and preservation.
However, in order to assure nositive, visible results in critical area
management, government programs must be administered so as to give due
consideration to the meaning of a critical area designation within
the decision making processes. This implies a departure from the
traditional unilateral decisions of agency permitting programs and a
conscious acknowledgement by State agencies that they indeed have a
responsibility to consider planning and land use criteria in their
decisions affecting designated Areas of Critical State Concern.

In combination, current State laws and programs provide a sound basis
upon which to build an effective management system for Areas of
Critical State Concern. The State can use its powers to mitigate or
prevent adverse impacts that directly alter wetlands, that affect
the watersheds of wetlands, and that affect incidental activities which
may impact wetlands. Total success in proper wetland management requires
continued planning and research to ensure amelioration and prevention of

*Title 1, Natural Resources Article, Annotated Code of Maryland,
"Department of Natural Resources."

1-7

long term and cumulative adverse impacts: however, the State is well
equipped to effectively protect its important wetlands from the more
obvious and eminent impacts resulting from land and water uses and
activities.

These few designated wetlands include some of the finest examples of
their types. Their designation in no way diminishes the value and
Importance of other wetlands which have not been designated at this
time. The purpose of designation is to focus on a few important wetlands
that, properly managed, can set the standard for improved management
of all wetlands.

The designated area maps were developed from a variety of sources
including maps and information provided by local jurisdictions, maps
prepared by the Wildlife Administration, official wetlands maps of the
Water Resources Administration, and a variety of State and local
studies and inventories. The boundaries and areas on the maps may be
approximate, although they were developed from the best available infor-
mation. The maps show the location of the wetlands in an area and may
also show "buffer areas" and '('impact areas." These are defined as
follows:

Buffer Area - That area immediately adjacent to an area of
critical State concern which is vital to the integrity of
the area, but does not contain the specific features or
characteristics for which the site has been designated.
It may be necessary to manage the buffer area, though less
intensively than the designated area.

Impact Area - The area where activity and uses, if not
properly managed, could have an adverse impact on the
designated area or the buffer area.

Buffer areas and impact areas may or may not be shown for any particular

critical area, and if shown, they may or may jjot be included in the designated

area. Decisions on these matters depended on the nature of the original

recommendations provided by local governments, further consultation

with local staffs, and judgements of the Department of State Planning
staff.

1-8

In summary, the policies and recommendations which should guide the
management of these designated areas follow:

1. Policies for Issuance of wetlands permits should be
reviewed in consideration of comprehensive development
planning policies of the State and in consideration of
accommodating and respecting natural processes. The
primary objective of such policies should be the pro-
tection of wetlands from damage and destruction.

2. Local governments' powers form the first line of
management for wetlands protection. They should
continue to review and improve local planning, zoning,
regulatory and management policies, programs and
capability to protect wetlands from damage and
destruction.

3. State and local governments should continue, con-
sistent with available resources, to:

a. Identify and acquire, through direct purchase,
easements, or other techniques, the most
valuable and/or threatened wetlands.

b. Work with private landowners through educa-
tion and technical assistance, to help them
protect the wetland resources they own or
impact.

c. Utilize Federal resources and programs to the
maximum extent possible to achieve the objec-
tives of this program.

4. Continuing study and research should be carried out on
the quality and value of individual wetlands, and on
the cumulative effect of direct and indirect land use
changes on wetlands.

The following table summarizes the programs that are applicable to the
management of wetlands. Appendix A provides a more detailed discussion
of each of these programs.

1-9

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1-22

III. AREA DESCRIPTIONS AND MAPS

1-23

SEVERN RUN TRIBUTARIES

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 1

LOCATION:

The Severn Run area encompasses the Severn Run main stream and tributaries
beginning just south of Robert Crain Highway (Maryland Route 3) running north-
easterly toward Quarterfield Road. Portions of this area include the Severn
Run Natural Environment Area which is under State ownership.

AREA DESCRIPTION:

The area encompasses roughly 3,000 acres of wetlands, heavily wooded ravines
and stream valleys contiguous to and including the Severn Run Natural Environ-
ment Area and generally paralleling the Run and some of its tributaries. The
woodland cover is primarily a mature oak-hickory forest. This mature hardwood
forest is composed primarily of chestnut oak, with white oak, hickory, and
pitch pine also present.

Other rare vegetation is reported along the Severn Run in the form of a species
of climbing fern (Lygodium palmatum) , a plant that is extremely rare in
Maryland .

The Severn Run is classified as a "recreational" trout stream and is now
stocked with trout. Jabez Branch, a major tributary, is classified as a
natural trout stream.

OWNERSHIP PATTERNS:

Property ownership along the Severn River and its tributaries is character-
ized by multiple ownership. Description of ownership is covered below by

1-2A

river segment:

Area south of Maryland Route 3 - Major portions of land just south of Route 3
are currently owned by the Maryland Forest and Parks Service.

Area north of Maryland Route 3 to former W. B. & A Railroad - Areas in the
stream portions are under the control of the Maryland Forest and Parks Service.
Multiple ownership patterns prevail on adjacent areas. Some subdivision
activity has occurred along this section of the river.

Area north of former W. B. & A Railroad - This area of the Severn Run is
characterized by large private landholdings . The northern reach of the Run
extends to the boundary of Ft. George G. Meade.

CURRENT PLANS AND ZONING;

Along the majority of the main stem of the Severn Run, the current zoning
classification is Open Space (OS) . This includes the area basically within
the Severn Run Natural Environment Area. Below the environment area, the
predominant zoning category is RA - Agricultural Residential District (two
acre lots). North of the environment area, the major zoning category is Rl,
which allows residential development on 40,000 square foot lots with some R5
(7,000 square foot residential lots) and WIB (light industry). Land west of
the environment area is zoned OS, DD (deferred development), R2 (20,000 square
foot residential lots), R5, R15 (multi-family residences), W2 (industry),
and W3 (heavy industry) .

The impact area of Severn Run and its tributaries is in the sewer and water
"no planned service" category. In the northern limits of the impact area,
water and sewer service is in the 3-5 year category.

CONTINUING PLANNING AND STUDIES:

The Department of Natural Resources is continuing its acquisition program
along the Severn Run main stream. At present, 1,196 acres have been acquired
and 419.9 acres are in the process of being acquired, for a total of 1615.9

1-25

acres. The acquisition goal is 1618 acres. The county is near publication
of the Severn Run Watershed and Management Study to help improve stormwater
management in the basin.

The Maryland Department of Transportation has completed a Final Environmental
Impact Statement for the proposed 1-97 between Baltimore and Annapolis. This
road is proposed to use the current alignment of Maryland Route 3 where it
crosses Severn Run. As presently planned, an additional bridge over Severn
Run will be constructed, spanning the wetlands beneath. An interchange
with Maryland Route 32 is also planned, upgrading the current interchange
with Route 3. Funds for construction have not been appropriated.

THREATS AND PROBLEMS:

The major threat to Severn Run centers on development pressures occurring
on the periphery of the impact area. Increased development activity and
resulting increase in stormwater runoff and consequent siltation are the
major threats to the natural features and aquatic life along the Severn Run.
Construction of Interstate 97, if not carefully carried out, could aggravate
the siltation problems in Severn Run.

MANAGEMENT :

Effective, long-term management of the Severn Run impact area is tied to the
level of activity that can be accommodated along the edges of the Run and its
tributaries. Certain management tools are available, such as an expansion of
the County's Open Space Zone in the context of the comprehensive planning
process. Implementation of the State Scenic Rivers Program, restricting
development near steep slopes, obtaining easements, and providing effective
stormwater and sediment controls can combine to form a workable management
plan. Consideration of expansion of the Severn Run Natural Environment Area
will provide direct protection to valuable natural resources along the Severn
Run tributaries. The design of Interstate 97 in the Severn Run area should
be sensitive to the values of the Critical Area. Construction procedures
should be planned to minimize disruption in the valley. Strong erosion
control and other mitigation measures should be designed and enforced. The

1-26

Department of Transportation should work closely with the Departments of
Natural Resources and State Planning and Anne Arundel County as the project
progresses .

1-27

AREAS OF CRITICAL STATE CONCERN

Site Name Severn run tributaries - tni

County ANNE ARUNDEL

Acreage JLOOO Date Designated jan.i981

MATCH D

1-28

Sheet _L of -i-

AREAS OF CRITICAL STATE CONCERN

Site Name Severn run tributaries - tni ^___

County ANNE ARUNDEL Acreage 3.ooo Oate Designated jan.i981

Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands

3 i I Cep

1-29

MATCH D

Sheet ^ of -5_

AREAS OF CRITICAL STATE CONCERN

Site Name Severn run tributaries- tni

County ANNE ARUNDEL Acreage 3,ooo Date Designated jan.i98i

1-30

Sheet 2_ of ^ '^ATCH B

V HDiVW

1-31

JUG BAY

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 2

LOCATION:

These wetlands lie along the Prince George's and Anne Arundel counties'
shorelines of the Patuxent River. They begin just south of Bayard Road in
southwestern Anne Arundel County at a point near Spyglass Island and extend
to the south of Jug Bay including the wetlands of Mattaponi Creek and Merkle
Wildlife Management Area. The Bay itself lies at a point roughly one mile
from where Anne Arundel, Prince George's, and Calvert counties meet.

AREA DESCRIPTION:

The recommended site embraces several distinctive ecological communities and
includes tidal wetlands, non-tidal wetlands and an impact or buffer area at
least equivalent to the 100-year floodplain. Most notable of the communities
are the freshwater marshes, some of the largest in the State.

This variety of ecological communities supports an abundant and varied animal
and plant life. Since the area lies within the Atlantic Flyway, Jug Bay is
a haven for over 100 species of bird life and is important for waterfowl
reproduction and feeding. Sixteen species of breeding and wintering ducks use
the area. Several species of native and migratory song birds, as well as
Canada geese, whistling swan, kill-deer and the quail can be observed at the
site. Other important birds are the Southern bald eagle, peregrine falcon
(both national endangered species), osprey, and the great blue heron. This
is a major site in Maryland where railbirds (Sora) concentrate during fall
migration.

1-32

This stretch of the Patuxent River, including Jug Bay, is the fartherest
upriver good spawning area for anadromous fish. Fish species include small-
mouth bass, crappie, yellow perch, white perch, and channel catfish. Mammals
found at the site include raccoon, muskrat, oppossum, beaver, mink, river
otter, red fox, grey fox, skunk, and whitetail deer.

Plant life in the Jug Bay area includes upland hardwood forest species such
as oak, beech, tulip poplar, sweet gum, maple and sassafras; and related
under story vegetation; non-tidal wetland plant species such as cardinal
flower, turtle-head, Virginia bluebell, wild azalea, and skunk cabbage;
and most importantly, thousands of acres of tidal marshland. Marsh plant
species include wild rice, pickerel weed, spatterdock, arrow-arum, marsh
mallow and phragmites. The dominant plant species is wild rice, which along
with other seed-bearing plants such as water millet and smart weed, is
food for as many as 25,000 wintering waterfowl.

OWNERSHIP PATTERNS:

Anne Arundel County has purchased approximately 84 acres of wetland and
upland on the site for preservation and park use and is negotiating for an
additional 332.5 acres of wetland and upland for these purposes.

On the Prince George's County side, the Washington Suburban Sanitary Com-
mission owns a large parcel at the confluence of the Patuxent River and
Branch Creek. The Western Branch Sewage Treatment Plant is at this
location. Other large parcels, most of them lying south of Route 4, are
owned and maintained by the Maryland National Capital Park and Planning
Commission as a stream valley park.

The rest of the land on the two shorelines lies in multiple private ownership.

CURRENT PLANS AND ZONING:

On the Anne Arundel County side, part of the site is zoned in the OS (Open
Space) category which permits recreation uses. The rest is zoned RA
(Residential Agricultural), a classification allowing agricultural

1-33

activities and also two acre residential lots. The land lying east of the
site toward Md. Rt. 4 is also zoned RA.

The Anne Arundel County Sewerage and Water Plan includes the entire site
and much of the land adjacent in the "no service planned" category.

Prince George's County has zoned its portion of the site in the OS open
space classification, which allows dwelling units at a density of one per
five acres. The County water/sewerage plan places the site in the S6/W6
"no service planned" categories.

CONTINUING PLANNING AND STUDIES:

The Patuxent River is designated a scenic river under provisions of the
Maryland Scenic Rivers Act of 1968. The River and surrounding wetlands are
considered to be an extremely valuable ecosystem.

In efforts to protect the Patuxent River, the Department of State Planning
is developing a Patuxent River Policy Plan. This Plan will consider threats
and problems to the River and recommend strategies for alleviating current
difficulties and preventing their recurrence.

THREATS AND PROBLEMS:

Any degree of alteration or intrusion by development in the site itself will
have significant negative impacts on this ecosystem. The deleterious effects
of filling or dredging projects to the indigenous wildlife habitats in the
area would be instantaneous, profound and irreversible.

While development in the adjacent impact area - the area along the Pindell
Road system east of Md. Rt. 4 - would not be substantial, agricultural
activities and scattered residential develonment would still nose a threat
to the site bv virtue of sedimentation and stormwater runoff.

The most serious current water Quality problems are sedimentation and
nutrient enrichment.

1-34

MANAGEMENT :

Long-term management techniques for protecting this area include the
acquisition of land and/or purchase of development rights. Another technique
being considered is the rezoning of the entire area to OS, a classification
more in keeping with its proposed open space/conservation use. Other
voluntary management techniques include historic and conservation easements.
Since development is possible on a portion of the land lying within the
Critical Area, sedimentation and runoff control must be enforced to avoid
siltation of the wetlands themselves.

The impact area surrounding Jug Bay must also be managed through sedimentation
and runoff controls. Another desirable mechanism here is the purchase of
development rights to prevent the conversion of agricultural land to urban
use. Careful monitoring and enforcement of sediment control laws is
necessary for surface mining operations (sand and gravel) just upriver from
the impact area.

Finally, the effluent from the Western Branch Sewage Treatment Plant must
be monitored in order to determine if these flows are adversely affecting
the wetlands by Jug Bay.

1-35

AREAS OF CRITICAL STATE CONCERN

JUG BAY -TN2

Site Name

PRINCE GEORGE'S &

County ANNE ARUNDEL Acreage 4,8oo Date Designated jan.i98i

MATCH A

1-36

Sheet J_ of J-

AREAS OF CRITICAL STATE CONCERN

Site Name jug bay-tn2

PRINCE GEORGE'S &

County ANNE ARUNDEL Acreage 4.800 Date Designated jan.i98i

MATCH A

AREAS OF CRITICAL STATE CONCERN

Site Name jug bay -tn2

PRINCE GEORGE'S &

County ANNE ARUNDEL Acreage ^.soo Date Designated jan.i98i

Designated Critical Area I I Buffer Area ^:^

Tidal Wetlands
Non Tidal Wetlands

Impact Area
Scale: 1"^2000'

1-38

Sheet ^ of j2-

AREAS OF CRITICAL STATE CONCERN

Site Name jug bay -tn2

PRINCE GEORGE'S &

County ANNE ARUNDEL Acreage 4,8oo Date Designated jan.i98i

MATCH D

_<ft.

-■■■■"■ -'^:! / //■

)■ >-'

Designated Crificai Area ^ f

..-■'^ '-"' ' Tidai Wetlands

Non Tidal Wetlands

Buffer Area ^

Impact Area
Scale: 1"=2000'

1-39

Sheet JL of -1-

EAGLE HILL BOG

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 3

LOCATION:

Eagle Hill is located in the east/central portion of Anne Arundel County,
on the north shore of the Broad Creek estuary off the Magothy River. The
site is bordered on the northwest by Blackhole Creek Road, and on the north-
east by Shore Road. Eagle Hill Road runs through the site in a north-south
direction. The boundary runs south from the intersection of Shady Lane
and North Shore Roads.

AREA DESCRIPTION:

The size, quality and character of this approximately 320 acre natural area
combine to form a valuable habitat for wildlife and plant life, including
several rare species. An extensive upland oak-pine forest covers the rolling
topography of the site. An unusual topographic feature is Eagle Hill itself,
a 158-foot high promonotory rising from the coastal flatland. There are
several marshes and a bog along the southern edge of the site. The bog is
notable for its unusual vegetation. Clethra is present while sweetgum,
sweetbay, black gum and red maple form a dense border. Rare vegetation on
the Eagle Hill site includes sundew, meadow beauty, leatherleaf , and rush.
Cranberry, which is found here, is at the southern limit of its distribution.
Switchcane at its northern limit of distribution is also found as well as
the fragrant water lily.

The young oak-pine forest contains southern red oak, chestnut oak, pitch
pine and Virginia pine, with sweetgum, oak and sassafras in the understory.
The forest's dense shrub layer features blueberry, huckleberry and holly.

1-40

This extensive, yet relatively undisturbed woodland and waters are home to
abundant wildlife, particularly birds: yellowthroat , cuckoo, broadwing hawk,
great blue heron, great crested flycatcher, pine warbler, rufus-sided towhee, d
and mourning dove. Several species of duck can also be found at the sites.
Small game populations include muskrat, fox, raccoon and rabbit.

Also located within this site are several tidal wetland areas. In the
vicinity of Blackhole Creek, two tidal wetlands exist containing a variety
of different types of marsh vegetation, such as Apartina alterniflora and
Panicium virgatum. Eastward of these wetlands and within this site, is a
larger tidal wetland on Broad Creek. Again, a variety of marsh vegetation
is present such as Spartina alterniflora, Typha, Iva frutescens, and
Baccharis halimifolia. These marsh areas are also interspersed with mud-
flats that are seasonally vegetated by emergent broadleaf vegetation.

OWNERSHIP PATTERNS:

Land ownership immediately around the Eagle Hill bog is presently under the
control of Charles H. Steffey, Incorporated, a real estate development firm
which is in the process of marketing this land area as custom-individual
homesites. (J

Ownership immediately north of the Steffey property is under a single
ownership (2 parcels, east and west sides of Eagle Hill Road, totalling
242 acres). Along the east side of Eagle Hill Road, south of the bog, mul-
tiple ownerships appear with the largest single property comprising 26 acres.

CURRENT PLANS AND ZONING:

The current zoning classification for the bog and surrounding impact area
is RA. This zone. Agricultural Residential District, permits, in addition
to agricultural uses, low density residential development. Being the least
dense residential zone, each individual lot must have a minimum net area
of two acres.

1-41

Water and Sewer Service facilities for the Eagle Hill area are in the
no-planned service category. Development can only be supported through
on-site systems.

CONTINUING PLANNING AND STUDIES:

Currently, the Smithsonian Institute is in the process of mapping and
developing monitoring techniques within the bog. Accurate water level
elevations and vegetative typing will be useful in monitoring change through
time within the bog. Also, changes resulting from adjacent development and
development in the watershed can be detected.

THREATS AND PROBLEMS:

Property now under the control of Charles H. Steffey is regulated by
covenants attached to the final subdivision plan and each individual lot
deed as lots are sold. These covenants restrict the utilization of all lots
within the project and provide an adequate buffer area adjacent to the bog.
Management and enforcement of these covenants and sediment control measures
are the primary problems associated with the Steffey tract.

The adjoining land areas, forming the impact area, are vacant and undeveloped,
but the area's attractiveness, its road accessibility, and its proximity
to boating waters give the area high development potential. Utilization of
these adjoining land areas requires careful management.

MANAGEMENT:

Based on past work with the Steffey tract, the buffer area of the bog is
under a management control plan. The enforcement of covenants and sediment
control plans should contribute to proper management of this portion of
the critical area.

Open Space zoning should be considered for the wetlands and other sensitive
portions of the site. The utilization of management tools developed during
review of the Steffey tract must be utilized as a model for all future
development proposals in this area.

1-42

AREAS OF CRITICAL STATE CONCERN

Site Name eagle hill bog-tn3

County ANNE ARUNDEL Acreage _320 Date Designated jan.i981

X-\ v_- Designated Critical Area \ I

^^T^ ''Tidal Wetlands
¥l>^^Non Tidal Wetlands

Buffer Area
Impact Area
Scale: 1"=2000'

1-43

Sheet J_ of -L

SOUTH RIVER HEADWATERS
CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 4

LOCATION:

The South River headwaters area begins immediately south of U. S. Route 50-301
in central Anne Arundel County, approximately five miles xvest of Annapolis.
The headwaters of the South River divide into two main streams (North River
and Bacon Ridge Branch) at a point near the Maryland Route 450 crossing of
the river. These headwater streams extend northward to a point just south
of Maryland Route 3.

AREA DESCRIPTION:

The South River headwaters embrace the stream valleys of the North River
and Bacon Ridge Branch and their smaller tributaries. The two principal
streams flow directly into the South River.

The site is predominantly steep-sloped upland woods bordering lowland
river-associated wetlands. The upland areas are especially rugged; slopes
here may average one hundred percent in degree of incline (a rise of one
hundred feet in one hundred feet of horizontal distance). The entire area
is an unusual transition zone, from tidal freshwater marsh to dense swamp
and bottomland forest to upland forest.

This variety of habitats shelters a variety of animal life and plant types.
Important species in the marshes are mallards, wood ducks, blue-winged teal,
great blue heron, sandpiper, and killdeer. Muskrat frequent the marshes.
Important wildlife in the swamp areas include white-tailed deer, woodcock,
red fox, gray fox, rabbit, great horned owl, barred own, and quail. A
variety of reptiles and amphibians is found.

1-44

The most notable resident is the endangered southern bald eagle, which nests
in the vicinity.

Dominant trees in the upland forest are beech, tulip poplar, northern red
oak, and hickory. Red maple, river birch, green ash, and sweetgum are the
dominant trees of the wooded swamps. Other tree species are alder, black
willow, sycamore, and several species of oak.

OWNERSHIP PATTERNS:

Property ownership in the area south of U.S. Route 50/301 is characterized
by one large parcel on the west shore and the Heritage Harbour subdivision
development on the east side of the South River.

North of U.S. Route 50/301, following the eastern branch, known as Bacon
Ridge Branch, ownership is dominated by the State-owned Crownsville State
Hospital. Additional, large parcels of land are present on the upper portions
of this branch. The western branch known as North River, is dominated by
multiple private ownerships with some subdivision activity.

CURRENT PLANS AND ZONING:

Zoning in the South River Headwaters Critical Area is predominantly RA -
Agricultural Residential District, which allows residential development on a
minimum lot area of 2 acres. The main stem of the Bacon Ridge Branch is zoned
RA. A portion of the land draining to Bacon Ridge Branch from the east is
zoned Open Space. Land near the intersection of Crownsville Road and
Chesterfield Road is zoned R2 (20,000 square foot residential lots). The
area south of Route 50/301 and east of the South River is zoned R2 and MAI
(community marina). Northwest and southwest of Johns Hopkins Road, land in
the critical area is zoned Rl (40,000 square foot residential lots) and R5
(7,000 square foot lots).

With the exception of two areas near U.S. Route 50/301, the water and sewer
service facilities plan shows the South River Headwaters to be in a

1-45

"no planned service" category. Located on the northern side of U.S. Route
50/301, on the east bank of the South River, is a small area that is
classified in the 11-20 year service category for water. On the south side
of U.S. Route 50/301, again on the east bank, water service is in the 6-10
year service category and sewer service is in the 6-10 year service category
as well.

CONTINUING PLANNING AND STUDIES:

Study work is continuing on the Baltimore-Annapolis Corridor study to pro-
vide improved transportation alternatives in this area. The proposed
1-97 corridor runs through the Critical Area. A new right-of-way is
proposed through the northeast portion of the watershed around Crownsville
State Hospital. Another section runs along the existing Md. Route 50
from the South River, east toward Annapolis. Maryland DOT has completed a
Final EIS. Funds for construction have not been appropriated.

THREATS AND PROBLEMS:

The major threats to the South River Headwaters are: potential erosion and
siltation damage and loss of vegetation from development activity in the
area, possible impacts from the Boehm-Joy landfill, and directed secondary
impacts from the construction of 1-97.

MANAGEMENT :

Long-term management of areas along the South River Headwaters is tied to
effective control of activity along the edges of streams feeding the river.
To prevent sediment from reaching streams in the South River headwaters and
to prevent damage to slopes and streams from stormwater, clearing and grading
should be prohibited below the 100 foot contour. At this elevation slopes
become steep going down into the stream valleys. Restrictive covenants should
be placed on all new subdivision lots during the subdivision approval process.
These covenants should restrict clearing, grading, floodplain crossings, and
protect sensitive areas. Expansion of the Open Space Zone within the context

1-46

of the comprehensive planning process and the provision of effective
stormwater and sediment controls within new development can contribute to
forming a workable management plan for the South River Headwaters.

The design of 1-97 in the South River area should be sensitive to the
values of the Critical Area. Construction procedures should be planned
to minimize disruption in the watershed. Strong erosion control and
other mitigation measures should be designed and enforced. The Department
of Transportation should work closely with the Department of Natural
Resources, the Department of State Planning and Anne Arundel County as the
project progresses.

1-47

AREAS OF CRITICAL STATE CONCERN

Site Name south river headwaters -tn4

County ANNE ARUNDEL Acreage 9.500 Date Designated JAN.1981

MATCH D

)° Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands
Buffer Area
mpact Area
^ ,4j Scale: T'=200^'

1-48

Sheet J_ of

AREAS OF CRITICAL STATE CONCERN

Site Name south river headwaters -tn4

County ANNE ARUNDEL Acreage 9, 500 Date Designated JAn.i98i

Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands

.WW
.WW

- ■ ^

Buffer Area CS$

Impact Area
Scale: 1"=2000'

MATCH D

1-49

Sheet X of J-

AREAS OF CRITICAL STATE CONCERN

Site Name south river headwaters -tn4

County ANNE ARUNDEL Acreage Q'SOO Date Designated JAN.1981

MATCH B

Designated Critical Area i I

Tidal Wetlands
Non Tidal Wetlands

www

x\WW\

Buffer Area
Impact Area
Scale: 1"=2000'

1-50

Sheet _3. of i-

AREAS OF CRITICAL STATE CONCERN

Site Name south river headwaters -tn4

County ANNE ARUNDEL Acreage 9,500 Date Designated jan.1981

1-51

MATCH B

Sheet J_ of A

ROUND BAY BOG
CLASS : Tidal and Non-Tidal Wetlands SITE NUMBER: TN 5

LOCATION:

Round Bay Bog is located in central Anne Arundel County, in a rugged area
on the south shore of the Severn River. It is northeast of Crownsville, and
is adjacent to Maynedier Creek, a small sub-estuary off of Round Bay.

AREA DESCRIPTION:

The site, approximately 90 acres in size, consists of a large shrub swamp
surrounded by steep slopes covered by a mature upland hardwood forest.
The bog, located in a transmission line right-of-way, contains a number of
unusual plants growing out of a dense mat of sphagnum. Some unusual plants
found include the rose pogonia orchid, Massachusetts fern, Virginia chain
fern, and cranberry. Tree species found around the swamp include sweet
gum, black gum, and red maple. Dominant shrubs are swamp azalea, sweetbay,
and clethra.

The surrounding upland hardwood forest cloaks the rugged topography with
beech, red oak and white oak, with some specimens measuring up to eighteen
inches DBH (diameter breast height). The forest effectively buffers and
protects the site, and supports a varied bird population as well.

OWNERSHIP PATTERNS:

Land ownership of Round Bay Bog consists of five individual properties.

CURRENT PLANS AND ZONING:

The Round Bay Bog and its impact area are zoned RA, Agricultural Residential
District. This district permits, in addition to agricultural uses, low density

1-52

residential development. Each individual residentiallot , however, must have
a minimum net area of two acres. A portion of the wetland area adjacent to
Maynedier Creek is zoned open space. The area around and including the bog
is not planned to receive sewer and water service. Development can be
supported only through on-site water and sanitary systems.

CONTINUING PLANNING AND STUDIES:
None

THREATS AND PROBLEMS:

Any herbicide spraying, grading, or drainage alterations, particularly in

the Baltimore Gas and Electric Company powerline corridor could damage the bog.

MANAGEMENT :

Effective, long-term management of the Round Bay Bog is tied to the level
of activity that can be accommodated within the impact area. Present zoning
and public utility programs involving the Round Bay Bog would tend to reduce
development impact. However, because of the sensitivity of this and similar
bogs to any form of alteration, development, if it occurs, must proceed in a
very controlled manner .

A long-term solution to management would be acquisition by the local govern-
ment. However, utilizing management tools such as rezoning portions of the
impact area to the Open Space Zone, restricting development near steep slopes
and applying a management control plan similar to the one developed for the
Eagle Hill Critical Areas, will contribute to protection of the bog.

Baltimore Gas and Electric 's management measures for the powerline that runs
through the critical area should be reviewed for compatibility with preservation
of the bog. The Department of State Planning should consider negotiating an
agreement with the Baltimore Gas and Electric for management of this portion
of the powerline corridor.

1-53

AREAS OF CRITICAL STATE CONCERN

Site Name round bay bog-tns

County ANNE ARUNDEL Acreage _M.

Date Designated Jan.i981

/c^^_^ Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands

Buffer Area
Impact Area
Scale: 1"=2000'

1-54

Sheet

_Lof -1

GUNPOWDER DELTA MARSH/DAY'S COVE
CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 6

LOCATION:

The Gunpowder Delta Marsh/Day's Cove is located at the confluence of the
Gunpowder Falls and the Little Gunpowder Falls within the Gunpowder River
estuary in Baltimore and Harford Counties, southwest of the community of
Joppatowne.

AREA DESCRIPTION:

The Gunpowder Delta Marsh/Day's Cove designated area includes 1,350 acres
of prime tidal and non-tidal wetlands and upland hardwood forests, providing
a natural setting unsurpassed on the western shores of the Chesapeake Bay.
The Delta is relatively undisturbed although portions along the Gunpowder
and Little Gunpowder Falls are currently being excavated for sand and
gravel resources. In addition, a small portion along the Gunpowder Falls
has been disturbed by professional and amateur archeologists in search of
Indian relics.

The remainder of the Delta is in a diverse natural state, characterized by
stages of transition from floodplain to shrub swamp and tidal marsh. Green
ash and sycamore are dominant in the higher floodplain with DBH's up to 18
inches. Little manmade disturbance is found here. The area grades into
shrub swamp where willow and other wetland shrubs increase in importance.
Portions of this area contain many standing dead trees, probably killed
as a result of flooding. The adjacent tidal marshes are extensive and
scenic. They include such species as cattails, typha, marsh fern, smart-
weeds, marshmallow, grasses, rushes, and sedges. The natural area and
adjacent tidal marshes provide important habitat for birds and probably
include significant spawning areas for aquatic life. The area is scenic
although not easily accessible by land.

1-55

OWNERSHIP PATTERNS:

The Gunpowder Delta Marsh/Day's Cove is currently under multiple private
ownership. Approximately 92 percent of the area is controlled by mining
interests. The State has plans to acquire most of the Delta as part of the
Gunpowder State Park.

CURRENT PLANS AND ZONING:

The portion of the Delta which is located in Baltimore County is zoned
Resource Conservation 2. The RC-2 classification is intended to protect
productive agricultural lands and wetlands associated with the Chesapeake Bay
and its tributaries. Various low intensity land uses are permitted as a
matter of right. Certain uses allowed by special exception, however, such as
mineral excavation or landfills, have potential to adversely affect the wet-
lands and water quality of the Delta.

The Harford County portion of the Delta is primarily zoned A-1 (Agriculture) ;
there is also a B-3 (Commercial) district, situated in the northern-most
reaches of the Delta, between Joppatowne and the Little Gunpowder Falls.
The current zoning permits development activities of a type and intensity
that may have negative impacts on the Delta, mostly related to sedimentation
and stormwater runoff.

The Baltimore County Water and Sewer Plan indicates that the Delta is in the
"no planned service" category for sewer and water. Land abutting the
northwest edge of the Delta is in the S/W-6 category (service in 11 to 30
years) . The Harford County Water and Sewer Plan places the Delta in the "no
planned service" category for water and sewer. Existing and planned water and
sewer service abut the Delta on the eastern edge, in Joppatowne.

CONTINUING PLANNING AND STUDIES:

The Gunpowder Delta Marsh/Day's Cove area has been studied by State and local
governments as well as private institutions. The area was mapped and its
plant and animal life inventoried by the Smithsonian Institution's Center
for Natural Areas in conjunction with the Department of State Planning. The

1-56

Coastal Zone Management Program of the Department of Natural Resources has
conducted further environmental research in the Delta as part of the Uplands
Natural Area project, and has also contracted with the Johns Hopkins
University to study the impacts of residential development in the area.
Current planning efforts include the State's park planning for the future
Day's Cove section of the Gunpowder State Park, and Maryland Geological
Survey's examination of the Delta with respect to the extent and quality
of its mineral resources.

THREATS AND PROBLEMS:

The single most important issue regarding protection of the wetlands, water
quality, and scenic beauty of the Gunpowder Delta Marsh/Day's Cove area is
the presence of mineral resources along the Gunpowder and Little Gunpowder
Falls. As previously noted, about 92 percent of the Delta is owned by mining
interests. This situation creates a basic conflict between preservation and
the demand for building materials in proximity to the Baltimore metropolitan
area.

MANAGEMENT :

Because of the Delta's scenic beauty and ecological importance, it is
necessary to establish land management tools regarding the protection of
these attributes which would also allow a reasonable scale of mining activity
to occur. Although excavation of some of the wetlands has happened in the
past, it should not be permitted in the future. The wetlands act as a cleansing
system, removing sediment and other pollutants from the water before they
reach the Chesapeake Bay. Mineral excavation should therefore be allowed only
in areas of the Delta where significant wetlands will not be damaged or
destroyed. Mining activities within the 100-year floodplain should be per-
mitted if they can be conditioned to prevent any increases in sediment flow
into the wetlands. Mining sites should be required to have adequate buffer
land between the floodplains and adjacent wetlands. The mineral operations
should be conditioned so as to prevent any increases in the existing sediment
load, including careful evaluation of adverse impacts that might result from
flood surges in the Gunpowder system.

1-57

As most of the Delta will eventually be purchased by the State as part of the
Gunpowder State Park, it is also necessary to require reclamation of all
excavated areas to a shape that is clearly compatible with the intended use
of the property as reflected by the State's current park plans.

In addition, the State and Harford and Baltimore Counties should coordinate
their respective permitting authorities to the fullest extent practicable
so as to maximize preservation of the wetlands and adjoining floodplains.

The Delta should be additionally protected by establishing an adequate
buffer area (approximately 600 feet wide) wherein all development will be
strictly controlled. Clearing of significant wooded areas and development
on steep slopes (over 15 percent) or in the 100-year floodplain should be
prohibited. All other development in the buffer area should be of low
intensity and should include adequate stormwater runoff and sediment controls.

The impact area, formed by lands adjoining the Delta, as well as the shore
areas of both the Gunpowder and Little Gunpowder Falls, should be developed
with careful attention to sediment control, stormwater runoff, and preservation
of steep slopes. Improper utilization of the impact area in the past, as
well as insufficient controls upon existing mining operations in the Delta
itself, have deteriorated the water quality and strained the continued
purifying function of the wetlands.

1-58

AREAS OF CRITICAL STATE CONCERN

Site Name gunpowder delta marsh /day's cove -tns

County BALTIMORE & HARFORDAnreage 1.350 Date Designated Jan.i98i

Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands

Buffer Area
mpact Area
Scale: 1"»2000'

1-59

Sheet J_ of -?-

AREAS OF CRITICAL STATE CONCERN

Site Name gunpowder delta marsh /day's cove -tn6

County BALTIMORE & HARFORD AnreagR 1,350 Date Designated jan.i98i

Designated Critical Area
Tidal Wetlands
Non Tidal Wetland

k\\\\\\

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Buffer Area
Impact Area
Scale: 1"=2000'

J ■

Nx station BM^
adsbawStaupn^^*

1-60

Sheet J- of _L

ZEKIAH SWAMP

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 7

LOCATION:

Zekiah Swamp is located in Charles County but the drainage area originates
in southern Prince George's County. The Swamp bisects Charles County
approximately 4.5 miles east of U.S. Rte. 301 and is accessible from many
points, most notably Maryland Routes 5, 6, 235 and 302, as well as
numerous minor roads. Gilbert Run/Newport Run adjoins Zekiah Swamp to the
east. The drainage area proceeds northeast, parallel to Zekiah Swamp, to
its headwaters near Hughesville.

AREA DESCRIPTION:

The Zekiah Swamo is the largest natural hardwood swamp in Maryland. It
is approximately 20 miles long, and averages .75 miles wide from Cedarville
Natural Resources Management Area in the north to the Wicomico River in
the south. The designated area includes the wetlands and floodplains of
Zekiah Swamp and the headwaters drainage area. The latter should be
managed as a buffer area, in accord with the definition on page 1-8.
Zekiah Swamp was described in a major study undertaken by the Smithsonian
Institution, as one of the most important remaining ecological areas on
the East Coast receiving the highest rating of all natural areas in the
Chesapeake Bay region. The area is a prime wildlife habitat for such
species as beaver, mink, osprey, herons, wood duck, Maryland Dlamondback
Terrapin, and overwintering Wilson's snipe and for such rare species as
the bald eagle, redbellied woodpecker, and Zekiah stonefly. It
contains large stands of mature hardwoods and other timber.

1-61

Gilbert Run has been channelized from a point not far below the Maryland
Route 234 bridge. The wetlands which were above this point no longer exist.

OWNERSHIP PATTERNS:

The Cedarville Natural Resources Management Area, which lies in the
northern portion of Zekiah Swamp's watershed, is under the ownership and
control of the Maryland Department of Natural Resources. The remainder
of the Swamp and its watershed is under multiple private ownership.

CURRENT PLANS AND ZONING:

All of the Zekiah drainage basin, which lies in Prince George's County, is

zoned 0-S, a 5 acre minimum lot size.

All of the drainage basin in Charles County is zoned for residential use,
except for the 6,000 plus acres of St. Charles New Town which lies in
the basin and which is a Planned Unit Development (PUD) . Practically all
of the eastern portion of the basin is zoned R-3, the Rural and Agricultural
zone. This is the least dense zoning district in the County's zoning
ordinance and requires 3 acres per dwelling. The western portion of the
basin is a combination of the County's other zoning districts - R-2, R-1,
R-30, R-15 and PUD. They require respectively, net lot sizes of 2 acres,
1 acre, 30,000 square feet, and 15,000 square feet.

The majority of the land lying in the Zekiah Swamp has been placed in very
low priority service categories for water and sewerage systems. That
portion of the Zekiah which lies within Prince George's County is in the
W-6 and S-6 service areas. No service is planned within ten years and any
development must be supported with on site systems.

The vast majority of the drainage basin in Charles County is also in a
no planned water and sewerage service category except for the following:

1. The Waldorf-St. Charles area in the northwestern portion
of the basin, and the Town of LaPlata are in the W-1 and
S-1 categories, indicating that service currently exists.

1-62

2. A small area east of LaPlata and the Hughesville area have
water and sewer planned for the 6 to 10 year category.

3. The Southern Maryland Correctional Institution at Hughesville
operates a small wastewater system with a discharge into
Gilbert Run.

CONTINUING PLANNING AND STUDIES:

There are no plans or studies currently underway in the designated area.
However, a discharge permit was recently issued to St. Charles to
continue the spray irrigation of sewage effluent on a new site in the
drainage basin east of the Swamp. The permit allows spraying of 700,000
gallons per day at the rate of 1 inch per acre per week. A geohydrologic
study was conducted as part of the application for the permit. Continuing
studies of the ground and surface water in the area will occur to
monitor the adequacy of this system and to determine whether a discharge
of 1.2 million gallons per day will be permitted in the future.

It should be noted that St. Charles had operated a 1.2 mgd spray irrigation
system from 1965 until June 1980 at a location adjacent to the proposed
site. The Charles County Health Department had studied bacteriological
impacts from the previous spray irrigation operation, and the University
of Maryland had studied phosphorus and nitrogen impacts over a three year
period .

THREATS AND PROBLEMS:

The Zekiah may be damaged with only minor environmental changes in its
vicinity.

Of concern is the proper operation of the sewage effluent spray irrigation
system at St. Charles. The system serves that portion of St. Charles new
town which is in the Zekiah Basin. Wastewater generated by additional
growth in St. Charles above the permitted flows will be treated at the
Mattawoman Sewage Treatment Plant.

Development in this basin made possible by the availability of sewage
treatment capacity at the Mattawoman and Zekiah facilities represents a

1-63

potential threat to water quality, as land is disturbed during construction,
and as urban land uses replace current vegetative cover.

In the Prince George's County portion of the basin, there are occasional
applications for sand and gravel washing operations. These operations require
a special exception in the 0-S zone, and concern over a proposed operation
could be addressed during the special exception permit process.

MANAGEMENT:

The Office of Environmental Programs plans to closely monitor the operation
of the sewage spray irrigation system and the impact of its operation on
ground and surface water conditions. These activities are important to the
protection of this Critical Area.

Management of the nonpoint source pollution is also essential to maintaining
the environmental quality of Zekiah Swamp. Implementation of existing
programs such as sediment and erosion control, the Soil Conservation Service
Farm Management Plans program, the nonpoint source recommendations of the
208 Plan for the Lower Potomac River Basin, and the Charles and Prince
George's Counties Water and Sewer Plans should be vigorously pursued with
the objective of protecting Zekiah Swamp.

Long term management would involve the State's acquisition of land for
the Zekiah Natural Environment Area. The County should evaluate whether
rezoning would make a contribution to improving protection of the Swamp and
its drainage area.

1-64

AREAS OF CRITICAL STATE CONCERN

Site Name zekiah swamp -tn7

County CHARLES & PRINCE

GEORGE'S

Acreage 17.800. Date Designated Jan.i98i

MATCH B

1-65

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1-66

AREAS OF CRITICAL STATE CONCERN

Site Name zekiah swamp tn7

County CHARLES & PRINCE Acreage 17.800 Date Designated jan.i98i

MATCH A

Designated Critical Area I
Scale" 1 inch = 1 mile

1-67

Sheet J_ of -3-

MATTAWOMAN CREEK

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 8

LOCATION :

The Mattawoman Creek rises in Prince George's County north of the U.S.
Military reservation near Brandywine Road, extends along the Prince
George's and Charles County boundary from Rt . 301 west to Billingsley
Road, swings south between Maryland Airport and Myrtle Grove VJildlife
Refuge and empties into the Potomac River.

AREA DESCRIPTION:

Mattawoman Creek is a swamp forest/stream valley area which drains both
southeim Prince George's and northern Charles Counties. It also runs
through portions of Myrtle Grove Wildlife Management Area and Smallwood
State Park. The designated area includes the flood plains and wetlands
of Mattawoman Creek.

The Creek and its tributaries are among the most important of the Potomac
Basin spawning waters. The tidal wetlands are essential nursery areas for
many species of fish. The wetland areas support unusually large numbers
of fish-eating wildlife, especially Great Blue Herons, Common Egrets,
and Black-Crowned Night Herons. A small Great Blue Heron nesting area
is located in the upstream floodolain forest. The tidal wetlands contain
the rare native lotus, nelumbo lutea and aneilema keisak (wild rice).
Otter, mink, osprey, and beaver, as well the largest concentration of
nesting wood duck in Maryland, are found here.

1-68

OWNERSHIP PATTERNS

Most of the wetland and surrounding area east of Billlngsley Road in
Charles County lies in multiple private ownership. West of Billingsley
Road, a 3,060 acre strip of land along the Mattawoman Creek has been
designated by the Department of Natural Resources as a Natural Environmental
Area. To date, the State has purchased 1,887 acres and acquired easement
to 60 more. Most of this land is concentrated at the mouth of the Creek
near Indian Head where there is a large concentration of wetlands. The
State has also purchased the Myrtle Grove Wildlife Refuge which borders
the Creek and Maryland Rt. 295. While much of the Natural Environmental
Area still lies in private ownership, the State V7ill continue to purchase
sensitive wetland areas.

CURRENT PLANS AND ZONING:

Zoning in the Prince George's portion of the Mattawoman Creek reflects a

desire for low density rural development. The land on this side is zoned

R-A (Residential /Agricultural) allowing two acre lots and 0-S (Open Space)

requiring five acre lots. In Charles County, large portions of land around

Berry Road near Waldorf are zoned in categories such as R-2 and R-15, allowing

two and three units per acre respectively. This residential zoning

extends westward along the Creek toward its juncture with the Potomac River.

The Prince George's County Water and Sewerage Plan indicates that for the
most part, these facilities will not be provided along the Mattawoman
shoreline or the areas immediately adjacent. An exception is the area near
the Mattawoman town center which borders the west side of Rt. 301 and
Mattawoman Creek. The town center and vicinity have large areas scheduled
for water and sewerage service within one to two years, 3 to 6 years,
and 7 to 10 years. The County has an agreement with Charles County to
utilize one million gallons of the five million gallon capacity Mattawoman
Treatment Plant.

The Charles County Water and Sewerage Plan reflects the greater development
pressures within that County's portion of the Mattawoman Watershed. Most

1-69

of the Waldorf area is served or will be served by coiranunity water and
sewerage facilities within 3 to 5 years. Sewerage service will be
available in 3 to 5 years along the Mattawoman from Waldorf to Indian
Head Road.

The Mattawoman Sewage Treatment Plant discharges into Mattawoman Creek
at its juncture with the Potomac River,

CONTINUING PLANNING AND STUDIES:

The County is currently conducting a 201 Facilities Planning effort
for the Mattawoman area.

THREATS AND PROBLEMS:

Danger to the wetlands, wildlife habitats, and spawning areas results
from runoff and sedimentation from increasing development in the drainage
area. Development in the wetlands themselves would destroy this valuable
ecosystem.

MANAGEMENT :

Outright purchase of sensitive wetlands and purchase of conservation
easements in the natural environmental area represents a long-term strategy
for preserving these wetlands. Within the impact areas sedimentation and
runoff controls must be utilized to prevent siltation of the streams and
wetlands. This is particularly important in Charles County because of the
high potential for development along the banks of the Creek near Waldorf
and points to the west.

1-70

AREAS OF CRITICAL STATE CONCERN

lite Name mattawoman creek -tns

Inimty charles & prince GEORGE'sAcreage 6,000 Date Designated jan.i98i

Designated Critical Area
Scale: 1 inch « 1 mile

1-71

Sheet J- of J-

AREAS OF CRITICAL STATE CONCERN

Site Name mattawoman creek -tns

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1-72

Sheet ^ of -1-

AREAS OF CRITICAL STATE CONCERN

Site Name mattawoman creek -tns

CmintycHARLEs&pRiNCEGEORGE's AcreagB 6.000 Date Designated jan.iqsi

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1-73

Sheet J_ of -L

BIG MARSH/HOWELL POINT

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 9

LOCATION:

Big Marsh/Howell Point is located in the north central part of Kent
County at the entrance to the Sassafras River. The area is bounded on
the west by the Chesapeake Bay. The Sassafras bends away to the east
beginning at Howell Point. The marsh begins at the Bay southwest of
the point and extends in a southeast direction for approximately Ih miles.

AREA DESCRIPTION:

Big Marsh at Howell Point is a 850 acre shrub swamp and upland forest.
About 30 percent of the site is an undisturbed shrub swamp wetland.
Water stands in the swamp year-round, averaging six inches deep. The
red maple, which are up to twenty feet high, sweet bay and alder grow
on small hummocks of organic litter. Saggitaria grows in the water
where sunlight penetrates. Size and difficulty of passage make this
wetland a good nesting site for birds and a refuge for small game animals .
The swamp has a tidal influence at times of extreme high water in the
Bay, although only the first 3,000 feet from the Bay shoreline is
classified tidal under the State Wetlands Law. A small, dark-colored
stream flows across the beach where the site borders the Bay. Over half
the area is an upland, lower slope woods of tulip, poplar, chestnut,
oak, beech, and hickory. These upland woods are in various stages of
post-agricultural growth. Fexvr mature trees are present, and logging slash
is frequent. Most of the woods have been selectively cut. Several steep,
wooded bluffs border the swamp providing occasional vistas. About 45 acres

1-74

of the swamp have been mined for peat. The extraction of peat has
ceased, leaving a series of deep-water trenches with linear islands of
mining waste now covered with red maple, willow, and sumac. The open
water has a small fringe of fragrant water lilly. A smaller 16 acre area
east of the mining operation is covered by phragmites and cattail,
indicating prior disturbance. A small red willow-maple shrub creek
floodplain flows into the swamp near the lower southeast corner. A
nine-acre pond is located at the confluence of the stream and m.arsh. A
summer camp to the northwest uses the swamp for recreation and education.

OWNERSHIP PATTERNS:

The area is generally divided into relatively small parcels with more
than fifty owners.

CURRENT PLANS AND ZONING;

The zoning in and around the site is diverse. It ranges from an
agricultural zone through low density residential, with an industrial
zone designed for marine uses fronting the Bay just to the south of
Howell Point. Lot size varies according to the zone but are one-half
acre or larger.

There is no planned service for either water or sewerage in the area.
On-site facilities are the only alternative.

CONTINUING PLANNING AND STUDIES:

The Department of Natural Resources has been conducting field studies of
the marsh vegetation structure and hydrological processes to determine the
best marsh restoration process for the area. The results of this study
will be applied to future freshwater marsh restoration projects.

THREATS AND PROBLEMS:

Aside from the normal pattern of gradual development in Kent County,
there are no direct threats to the site.

1-75

MANAGEMENT:

Although the nearby industrial zoning in the area would seem to support
reasonably dense development, the very remoteness of the site, plus the
general unsuitability of soils and terrain make intensive use unlikely.
The protection afforded by the wetlands, sediment control, and floodplain
legislation seems to be adequate at this time. However, close attention
must be paid to future development proposals. Local zoning of this area
might be reviewed in light of this designation. The Department of
Natural Resources is negotiating with the Echo Hill Outdoor School and
other private property owners for State acquisition of the Marsh. The
Chesapeake Bay Foundation, in cooperation with the State, will develop
a management program for the area.

1-76

AREAS OF CRITICAL STATE CONCERN

^ite Name _big marsh/howell point -tn 9

County KENT Acreage sso Date Designated JAn.1981

Designated Critical Area I I

fiddi Wetlands
slon Tidal Wetlands

KWWW

Buffer Area
Impact Area
Scale: 1"'2000'

1-77

Sheet J_ of -L

BROAD-HENSON CREEK KARSH

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 10

LOCATION:

This wetland area is located in the southwestern portion of Prince
George's County at the mouth of Broad Creek and Henson Creek. It is
bounded on the east by Livingston Road, and on the north by Oxon Hill
Road. The southern boundary is the lower shore of Broad Creek which
opens into the Potomac River.

AREA DESCRIPTION:

The critical area encompasses both tidal and non-tidal wetlands. The
Smithsonian Institution considers these wetlands to be a pri.me wildlife
habitat and calls for their preservation. This ecosystem includes
50 acres of fresh water, non-tidal, shrub swamp and 30 acres of coastal,
tidal shallow, fresh water marsh. It provides significant habitat for
muskrat , opposum, fox, rabbit and deer. In addition, anadromous fish
frequently spax<m in the lower reaches of these Creeks and their tribu-
taries. The area also offers a scenic view of the Potomac River.

The overall Henson Creek Watershed system extends northeast toward
Pennsylvania Avenue, east toward Allentown Road, and southwest toward
Oxon Hill Road. Both the Maryland-National Capital Park and Planning
Commission and the federal government, recognizing the ecological importance
of this watershed, have purchased large portions of the land along its
waterways for parks.

1-78

OWNERSHIP PATTERNS:

The majority of the land lying within the critical area is publicly
owned. The federal government owns over 62 acres, including much tidal
wetland, at the mouth of Broad and Henson Creeks. Another large wetland
parcel of roughly 96 acres owned by Maryland-National Capital Park and
Planning Commission lies to the northeast. Maryland-National Capital
Park and Planning Commission also owns several smaller parcels on the
southern shore of Broad Creek. Other parcels lying within the critical
area, including several large ones, are in private ownership.

CURRENT PLANS AND ZONING:

Virtually the entire area is zoned R-R, a low-density residential category
allowing two units per acre. The County will consider rezoning this site
as a conservation area. The comprehensive rezoning of this area is
scheduled to be completed in FY 1982.

The wetlands and most of the surrounding area are not scheduled for water
and sewerage service for at least 7 to 10 years.

The upper two-thirds of the Henson Creek Watershed has large areas which
currently have water and sewer service, and which are scheduled for
service in the near future.

CONTINUING PLANNING AND STUDIES:

The County will soon initiate a study of the Henson Creek Watershed to
ascertain the severity of flooding, erosion, and other environmental
problems. County staff will then develop a plan for correction and
abatement of these problems.

THREATS AND PROBLEMS:

As development has increased in the northern two-thirds of the Broad/
Henson Creek Watershed near Andrews Air Force Base, Suitland and 1-495,

1-79

flooding and siltation problems have worsened downstream. The
fragile wetlands and indiginous wildlife at the mouth of the Broad
and Henson Creeks are threatened by sedimentation. Severe and
increasing problems can be expected in the future as upstream development
continues .

MANAGEMENT :

It is recommended that further public acquisition of land and development
rights be utilized to pre-empt development near the wetlands although
funding may be uncertain at this time. Use of mandatory dedication
provisions in the County subdivision ordinance are also a viable management
tool both in the wetlands themselves and in adjacent areas where construc-
tion would create sedimentation problems.

Development within the overall impact area should be carefully monitored
to insure that sediment control and storm water management policies are
being followed in order to prevent further sedimentation of environmentally
fragile wetlands. This becomes ever more imperative as development in the
northern part of the watershed continues.

Current local plans for sewer and water facilities need to be revised
to ensure preservation of Broad-Henson Creek Marsh.

1-80

AREAS OF CRITICAL STATE CONCERN

Site Name broad /henson creek marsh -tnio

County PRINCE George's Acreage _2og__ Date Designated jan.i98i

Fort Washineton'Ch"/*. )/ .- .Sii=^«=-'H

gnated Critical Area ' '

t (':'Q^ Tidal Wetlands
JLiVbiMon Tidal Wetlands

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Buffer Area
mpact Area
Scale: 1"»2000'

1-81

Sheet _L of -L

PISCATAWAY CREEK

CLASS ; Tidal and Non-Tidal Wetlands SITE NUMBER: TN 11

LOCATION:

Piscataway Creek is located in lower Prince George's County. The
Creek itself empties into the Potomac River at Fort Washington National
Park. The watershed is bounded on the east by Md. Rts. 301 and 373, on the
north by the Andrews Air Force Base and Rosaryville Road, on the west by
Old Fort and Allentown Roads, and on the south bv Accokeek Road (Md. Rt.
373).

AREA DESCRIPTION:

The designated area consists of 100-year floodplains and associated tidal
and non-tidal wetlands of Piscataway Creek and its major tributaries. The
tidal wetlands are centered for the most part along the Creek south of
Rt. 210 leading toward Piscataway Bay.

Piscataway Creek and its adjacent floodplain and wetland areas constitute
a valuable aquatic and semiaquatic ecosystem. The stream itself is noted
as an extremely productive herring run and is a prime spawning area for
anadromous fish. In addition, the numerous freshwater marshes and wooded
swamps contained within the floodplain provide a prime wildlife habitat
for multifarious plant and animal species including muskrat, mink, wild
turkey, otter, wood duck and osprey.

OWNERSHIP PATTERN:

The Piscataway Stream Valley contains a great number of small narcels in
private ownership. There are, however, many large publicly and privately

1-82

owned parcels worth noting. Andrews Air Force Base is in the headwaters
of the Creek, and the U.S. Naval Radio Receiving Station is a few miles
south of Andrews. The Federal Government's Fort Washington National Park
is on the north shore of the mouth of the estuary, and large parcels of
land are on the south shore of the estuary. The State owns significant
areas bordering the stream around the middle of the watershed: Boys Village
and a Maryland Environmental Services Sludge Entrenchment Area. There are
numerous large and small parcels in local ownership including Cosca
Regional Park and several other sections of park and open land along the
stream owned by the Maryland-National Capital Park and Planning Commission.
The Washington Suburban Sanitary Commission o^ms the sewage treatment plant
site on the south side of the River just upstream of the estuary. Washington
Gas Light also owns large areas in the middle and upper stream valley.
There are numerous other large private parcels along the entire valley.

CURRENT PLANS AND ZONING:

Land bordering Andrews Air Force Base and astride Md. Rt. 5 is zoned for

medium to high density residential and commercial development. Most of

the rest of the watershed, including the floodplain and wetland areas

themselves, are zoned in low-density classifications such as R-E (residential

estate — 1 acre lots), R-A (residential agricultural — 2 acre lots), and

0-S (open space — 5 acre lots) .

Significant down-zoning has occurred in this watershed area in recent years
in recognition of the environmental importance of the area.

The 1978 Water and Sewerage Plan for Prince George's County shows service
patterns in the watershed similar to the land use patterns. Areas lying
immediately south/southwest of Andrews Air Force Base are programmed for
development in the near future. A wedge of parcels scheduled for water/
sewerage service within 3 to 10 years extends in a southerly direction along
Branch Avenue running through the center of the watershed. The eastern and
southern sections, which include most of the designated area, are not
scheduled for water/sewage service. An exception is the northern shore

1-83

of Piscataway Creek near Fort Washington where most of the land has community
water/sewerage facilities or is scheduled for service within 3 to 5 years.

The Piscataway Sewerage Treatment Plant, which currently discharges into
Piscataway Bay, will ultimately discharge directly into the Potomac River.

CONTINUING PLANNING AND STUDIES:

The County is currently conducting a study to identify those areas of
Piscataway Watershed susceptible to flooding, erosion, and general environ-
mental degradation. The study will also recommend alternatives to correct
existing problems and prevent future ones. A Sewerage Facilities Planning
effort for the basin is currently being considered.

THREATS AND PROBLFKS :

Existing and proposed development centered in the impact area at the head
of the Piscataway Watershed will result in erosion and increased runoff and
flooding along Piscataway Creek and its main tributaries unless management
tools are implemented. This erosion/sedimentation would also result in
decreases in water quality which would adversely affect the fish and wildlife
population in the watershed system.

MANAGEMENT :

Current management techniques within the wetland areas attack the twin
problems of sedimentation and flooding by precluding construction in wetlands
and floodplains and also by regulating runoff from adjacent areas. Construc-
tion within floodplains is severely limited by the County zoning ordinance.
In addition, public purchase of conservation easements and the outright
purchase of sensitive land for stream valley parks also effectively precludes
development in many environmentally sensitive parts of the watershed.

County stormwater and sedimentation ordinances are utilized in the areas
immediately surrounding these stream valleys. In addition, development on

1-84

steep slopes is limited to protect streambeds from siltation and runoff.
In the rest of the watershed system, sedimentation controls are also
utilized to control excess runoff.

A long-range strategy for protecting the entire Piscataway Creek Water-
shed system is to encourage rezoning of large developable parcels to
"comprehensive design zone" categories which allow development of cluster
housing on smaller than normal lots with the provision that those portions
of the parcel which are environmentally sensitive will be left undeveloped.

1-85

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1-86

AREAS OF CRITICAL STATE CONCERN

Site Name piscataway creek -tnii

bounty PRINCE GEORGE'S Acreage 2,450 Date Designated Jan.i98i

1-87

CHAPTICO RUN

CLASS: Tidal and Non-Tidal Wetlands SITE NIMJER: TN 12

LOCATION:

Chaptico Run is located in the northwestern portion of St. Mary's
County south of Route 5. It originates at the ridge line between the
Potomac and Patuxent drainage basins and empties into Chaptico Bay,
a subestuary of the Wicomico River which flows into the Potomac River
Estuary.

AREA DESCRIPTION:

Chaptico Run is a fresh water to high tidal marsh area that provides
an excellent habitat for many species of plants and wildlife. Wildlife
species include osprey, beaver, white tail deer, otter, mink, terrapin,
wood duck, and other migratory waterfowl, crabs, anadromous fish, shad,
and herring. Plant species include Giant Cordgrass (Spartine Cynosuroides)
and Cattail (Typha) and form a dominant base for the food chain in the
ecosystem. Mature hardwoods largely compose the buffer area. The
wetland provides a feeding and nesting area and contributes nutrient
value to the Wicomico and Potomac Rivers.

OWNERSHIP PATTERNS:

The area is comprised of multiple private owners.

CURRENT PLANS AND ZONING:

The designated area and the drainage area are zoned R-1, allowing one
dwelling per acre.

1-8

Water and sewer facilities in the Chaptlco Run area are in the W-6 and
S-6 categories. These categories mean that service Is not planned within
ten years and any development must be supported with on-site systems.

CONTINUING PLANNING AND STUDIES:
None.

THREATS AND PROBLEMS;

The only known threat at this time to the area is that of sedimentation
and siltation from nearby low density development.

MANAGEMENT :

Within the drainage area, sedimentation regulations should be strictly
applied. Additionally, conservation management plans should be required
for all farming and timber operations. The State's Water Resources
Administration's permit system, SDecifically those permits needed for
alterations in tidal wetlands and the 100-year floodplain, should be
strictly applied.

1-89

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1-91

-KILLPECK/TRENT HALL CREEKS

CLASS; Tidal and Non-Tidal Wetlands SITE NUMBER: TN 13

LOCATION:

Killpeck/Trent Hall Creeks is located in the northwestern portion of
St. Mary's County north of Route 5. It originates at the ridge line
between the Potomac and Patuxent River drainage basins and empties
into the Patuxent River.

AREA DESCRIPTION:

Killpeck/Trent Hall Creeks and wetlands encompass approximately 450
acres. It is a fresh water to tidal marsh area and provides a habitat
for significant plant and wildlife species. V/ildlife species include:
mink, otter, beaver, Canada geese, wood ducks, and large concentrations
of over-wintering swan. It is also a resting and feeding area for other
migratory waterfowl, an oyster and clam nursery and feeding area, and
a spawning area. An eagle nest is also in the area. The plant life
constitutes the nutrient base of the food chain to support this ecosystem.

The buffer area is within the 50-foot contour line and is composed of
mature hardwoods.

OWNERSHIP PATTERNS:

The area is comprised of multiple private owners

CURRENT PLANS AND ZONING:

The designated area and most of the drainage area is zoned R-1, allowing
one dwelling unit per acre.

1-92

Water and sewer facilities are not planned for the area.

CONTINUING PLANNING AND STUDIES;
None.

THREATS AND PROBLEMS:

The only known threat at this time is sedimentation and siltation that

may occur from nearby low density development.

MANAGEMENT :

Within the drainage area of Killpeck/Trent Hall Creeks, sedimentation
regulations should be applied. Additionally, conservation management plans
should be required for all farming and timber operations; and the State
permit system, specifically those permits needed for alterations in
tidal wetlands and the 100-year floodplain, should be strictly applied.

1-93

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1-94

POCOMOKE RIVER

CLASS: Tidal and Non-Tidal Wetlands SITE NUMBER: TN 14 (SA 1)

The Pocomoke River designation discussion and map are contained under the
Special Area class since there are many important purposes for its
designation in addition to protection of its wetlands. However, the
Pocomoke River designated area contains large areas of significant and
unique wetlands that are an important part of the designated region's
ecosystem. For this reason, the Pocomoke River is also being designated
under the Tidal and Non-Tidal Wetlands classes and its wetlands should be
managed in accord with the management policies and programs for these
classes. The area description and map for the Pocomoke River Designated
Area is on Page 4~4.

1-95

SULLIVAN'S COVE MARSH
CLASS: Tidal Wetlands SITE NUMBER: T 15

LOCATION:

Sullivan's Cove Marsh is located in central Anne Arundel County on the north
shore of the Severn River. It is situated between the communities of
Linstead on the Severn on the west, Severna Park to the north, and Round Bay
on the east.

AREA DESCRIPTION:

The Sullivan's Cove Marsh constitutes the only significant tidal brackish
water marsh on the Severn River. This site, which covers approximately
30 acres, is surrounded by steep forest covered hills which isolate the
area from the surrounding highly developed Severna Park communities.

Sullivan's Cove Marsh contains four separate marshes. Three of the tidal
marshes are typical salt marshes with characteristic Spartina alterna-f lora
predominating. In contrast, the fourth marsh is of such low salinity that
freshwater plants such as the tuberous water-lily, (Nymphaea tuberosa) ,
sphagnum mosses, and Atlantic White Cedar grow there. The presence of two
healthy stands of Atlantic White Cedar, a tree rarely found in natural stands
on the Chesapeake Bay's Western Shore, makes this site botanically noteworthy.

The area is used heavily by wildlife and has a great variety of species of
plants. On the steep slopes one may observe the chestnut oak, black oak,
white oak, mountain laurel, pink azalea, trailing arbutus, American chestnut,
southern red oak, and flowering dogwood. Plants found in the wooded swamp
include black willow, poison siimac, arrowwood, alder, winterberry, alder,
sensitive fern, nettel chain fern, and common greenbrier. Within the white
cedar stand are found Atlantic white cedar, black gum, sweetbay magnolia,
pitch pine, red maple, red chokeberry, possumhaw viburnum, highbush, blueberry.

1-96

cinnamon fern, royal fern, and sphagnum moss. Vegetation identified in the
sandy lowlands include the blackjack oak, scarlet oak, chinquapin, sand
hickory, Virginia pine, persimmon. Eastern red cedar, American holly, inkberry,
bayberry, wax-myrtle persimmon, swamp leucothoe, groundsel tree, sheep laurel,
dangleberry, black huckleberry, low blueberry, partridge berry, shadbush,
and bracken fern.

The marsh provides a resting place for migrant waterfowl. Some 300-400
waterfowl may be sighted at one time. These represent a variety of species
including the white and glossy ibis, American bittern, little blue heron,
great blue heron, green heron, as well as the black-crowned and yellow-
crowned night herons. Large numbers of vireos, tanagers, catbirds, warblers,
and thrushes feed here during migration. The Southern bald eagle, a bird
spotted rarely in the central portion of the county, has been seen at
Sullivan's Cove Marsh.

The marshes are abundant with small fish and provide the chief wintering
area for fundulus (a small carnivorous minnow) . It is also a prime fish
spawning ground.

OWNERSHIP PATTERNS:

Anne Arundel County owns thirteen acres of this site, including part of the
marsh and surrounding area. The remaining portion of this site is under
private ownership.

CURRENT PLANS AND ZONING:

Currently, this area is zoned R5 (five residences to an acre) . This resi-
dential district requires a minimum lot size of 7,000 square feet, and allows
cluster development in accordance with the Anne Arundel County zoning ordinance.
Water service exists at the site property line. Sewer service facilities are
in the six to ten year service category.

1-97

CONTINUING PLANNING AND STUDIES:

County Council Resolution #28-79 identifies the importance of inmediate
acquisition of this site. The Anne Arundel County Department of Parks and
Recreation has completed acquisition on thirteen acres of the southern
portion of this site which will be set aside as a natural preserve. No plans
have been indicated for the remaining portion of this site.

Sullivan's Cove Marsh abuts the Severn River, a designated scenic river
under provisions of the Maryland Scenic Rivers Act of 1968. The Scenic
Rivers Program is charged with protecting the scenic, fish, wildlife, and
other values of all designated scenic rivers. A Scenic River Plan is
currently being prepared by the Department of Natural Resources.

THREATS AND PROBLEMS:

Sullivan's Cove Marsh is the last natural area on the north shore of the
Severn River. Although a significant portion of the marsh has been acquired
and preserved by the County, development activity in the impact area remains
a possibility. The area contains highly erodible soils in the adjacent
uplands. Runoff and sedimentation from construction could impinge upon the
marshlands quality and jeopardize the scenic and v;ildlife values of the area.

MANAGEMENT :

Management plans are needed for the area not acquired by the County which
will serve to protect the marsh. Additional management techniqures to be
considered include the examination of the feasibility of rezoning the
surrounding buffer and impact area from R5 to OS (open space). Public
purchase of remaining land and obtaining protective easements would contribute
to a workable management plan.

1-98

AREAS OF CRITICAL STATE CONCERN

Site Name Sullivan's cove marsh -ti5

County ANNE ARUNDEL Acreage _20 Date Designated jan.198i

Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands

Buffer Area
Impact Area
Scale: 1"'2000'

1-99

Sheet J_ of _L

DEEP POND/BEVERLY BEACH
CLASS: Tidal Wetlands SITE NUMBER: T 16

LOCATION :

The pond and beach are located in Southern Anne Arundel County at the end of
the Mayo Peninsula.

AREA DESCRIPTION:

Deep Pond/Beverly Beach, a site of approximately 350 acres, features a large
beach area along with inland ponds and forests. Most of the site was, at one
time, part of a privately owned and operated recreation area - the Beverly
Beach and Triton Beach Clubs.

The beach itself is a wide sandy stretch which extends roughly one mile
along the Chesapeake Bay shoreline. Jetties extend from the beach which
provide the opportunity for fishing. In addition, the area near the beach
could be used for recreational boating; however, dredging would be necessary.
These attributes, plus the fact that wide beaches of this type are rare along
the Bay, make Beverly Beach a valuable recreation resource.

Inland from the beach are a large brackish water tidal pond known as Deep
Pond and several other ponds of smaller size. The inland wooded area
features a stand of willow oaks and scattered evergreens. The beach, forest
and ponds form an extremely diverse wildlife habitat. Some 83 species of
birdlife utilize this area.

The open fields to the interior are overgrown and reclaimed by shrubs .
Maryland Route 214 (Central Avenue) and several local roads make the site
easily accessible. Considering its former use and the current need for more
public access to Chesapeake Bay shoreline, the site offers an outstanding
opportunity for a public recreational facility and natural area.

1-100

OWNERSHIP PATTERNS:

The land is currently owned by a private development corporation although

the County is considering the purchase of this site for public recreational use.

CURRENT PLANS AND ZONING:

The area is zoned Deferred Development (DD) and Maritime Group District (MB) .
Retail stores and restaurants are permitted in the DD district by special
exception. A restaurant is permitted in the MB district by right. These zones
permit low density residential development and maritime uses such as piers,
wharfs, and repair facilities. Some adjoining land is zoned for commercial
use but most of the land adjoining the critical area is residential allowing
for 2-5 units per acre. This land is primarily developed with houses.

The Sewerage Plan designates the site for sewerage service in the immediate
future. Service would be provided when current questions concerning the
nature of sewer service for the Mayo Peninsula are resolved. Community water
services are not scheduled for at least 11-20 years. The northwest portion
of the site, above Deep Pond, is in the 6-10 year sewer service area.

CONTINUING PLANNING AND STUDIES:

Continuing studies concerning the proposed capacity and nature of the Mayo
Peninsula Sewerage System will have a great impact on the ultimate develop-
ment of the tract and its surroundings. A sewerage facilities plan is
currently under preparation for the Broadwater service area which includes
the Mayo Peninsula.

THREATS AND PROBLEMS:

Development of the tract for marina and residential use could result in
destruction of ponds and forests and associated natural habitats. Private
development would result in loss of public access to the Beach itself, un-
less public easements were granted.

1-101

MANAGEMENT :

The long-term techniques which are most desirable to the County are purchase
and development of the site for public recreation. Anne Arundel County has
requested assistance from the Heritage Conservation and Recreation Service,
U. S. Department of the Interior, as well as State Program Open Space to
purchase the property for recreational use. This property, if purchased,
should be considered for rezoning as OS (Open Space), a category allowing
recreational development.

The development of adjacent areas, i.e., that portion of the Mayo Peninsula
surrounding the site could affect the ponds and beach by virtue of sedimen-
tation and pollution. If development should occur proximate to the site,
care should be taken to strictly enforce all sedimentation and stormwater
runoff ordinances.

1-102

AREAS OF CRITICAL STATE CONCERN

Site Name deep pond/ beverly beach -ti6

County ANNE ARUNDEL

Acreage 350 Date Designated jan.i981

..-, Designated Critical Area
/^ Tidal Wetlands
-Non Tidal Wetlands

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Buffer Area
Impact Area
Scale: 1"=2000'

1-103

N
Sheet _L of -L

BLACK MARSH
CLASS: Tidal Wetlands SITE NUMBER: T 17

LOCATION:

Black Marsh is located adjacent to the Chesapeake Bay on the Patapsco

Peninsula in eastern Baltimore County. The area lies east of North Point

Road and south of Millers Island Road, and includes approximately 150 acres
of tidal wetlands.

AREA DESCRIPTION:

The Black Marsh Critical Area consists of a large tidal marsh bordered by
an upland forest. The marsh contains grasses, phragmites, juncus, and
cattails .

The upland forest area contains a moderately dense vegatative canopy which
supports sweet gum, tulip poplar, and southern red oak as the dominant
species. Associated tree species include black gum, white oak, chestnut
oak, pitch pine, Virginia pine, willow oak, and red maple.

Animal life in the area includes many bird species, including red shouldered
hawk.

OWNERSHIP PATTERNS:

The entire area surrounding and including the Black Marsh tidal wetland is
under one ownership - the Bethlehem Steel Corporation.

CURRENT PLANS AND ZONING:

Zoning on this site, adopted October 14, 1980 by the Baltimore County Council
in the County's Comprehensive Cycle Rezoning Process, remains as it was pre-
viously, RC-2 and MH-IM. The RC-2 zoning, agricultural zone, is applied to
nearly all of the tidal wetland. The zone is utilized in this case to

1-104

provide protection to the wetland area. The areas adjacent to the tidal wet-
land are zoned MH-IM, the highest level of industrial use in the County. Be-
cause this zone has been applied to small areas within the wetlands, portions
of the tidal wetlands will not be afforded the same protective setback require-
ments available to the remaining wetlands. Uses within this zone must be at
least 150 feet from the adjacent RC-2 zone.

Water service facilities to serve the general area are presently adjacent

to the site. Sewer service facilities are located along Millers Island Road,

which is on the northern edge of the critical area.

CONTINUING PLANNING AND STUDIES:

The Bethlehem Steel Corporation plans to utilize the land area zoned for in-
dustry as a storage area for raw materials utilized in the steel making pro-
cess. Studies have not been conducted to determine the long-range impact
of this proposal.

THREATS AND PROBLEMS:

The Bethlehem Steel Company's program to utilize the area around the Black
Marsh tidal wetland for material storage poses the most significant immediate
problem to the protection of the wetland. The impact of storrawater runoff
from a quantity and quality standpoint and the removal of portions of the
upland forest have not been studied and may prove to be detrimental to the
vegetation and wildlife in and around the wetland. Utilization of areas
adjacent to the wetland will reduce, if not remove, opportunities to create
a protective buffer around the wetland.

MANAGEMENT :

Effective protection of the Black Marsh tidal wetland and the provision of
a buffer area rests principally with the Maryland's wetland laws and the
measures that the property owner is willing to provide in his development
plans. The degree to which the property owner is allowed to utilize portions of
the tidal wetlands will rest with execution of the tidal wetland permit process.
Flexibility in the development plans for the buffer area and within the impact

1-105

area is necessary if protective mechanisms are to be developed. Basic
responsibility for plan review, in this instance, rests with Baltimore
County. These mechanisms include, but are not limited to, improved sediment
and stormwater management controls, and regulating and monitoring of storm-
water quality. In the next countywide rezoning process, expansion of the
RC-2 (Agricultural Zone) zone should be considered again as a means of
providing a secure buffer area around the tidal wetland.

1-106

AREAS OF CRITICAL STATE CONCERN

>ite Name black marsh -ti7

lounty BALTIMORE Acreage soo Date Designated jan.i981

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Buffer Area
Impact Area
Scale: 1"=2000'

1-107

Sheet J_ of J_

BUSH CREEK MARSH
CLASS: Tidal Wetland SITE NUMBER: T 18

LOCATION:

The Bush Creek Marsh lies at the headwaters of the Bush River at the mouth
of Bynum Run north and south of U.S. Route 40 in south central Harford County.
Included in the Bush Creek Marsh is the State designated Bush Declaration
Natural Resources Management Area north of U.S. Route 40.

AREA DESCRIPTION:

The Bush Creek Marsh is a significant fish and wildlife habitat. The wetland
encompasses approximately 45 acres to the south of Route 40 and another 30
acres to the north of the highway. Vegetation in the marsh grades into the
typical pickerelweed and arrow-arum. These species also border the marsh
along its northern edge and grade into cattails with increasing elevation.
The southwestern reaches of the lower marsh contain a number of marsh mallow
mixed with cattails. A central strip of the marsh is dominated by smartweed
and rice-cutgrass.

The inland marsh, which is located to the north of Route 40, is composed
primarily of cattails with a mixture of smartweed and arrow-arum in the
center. Red-winged blackbirds are common in the area. Overall, the Bush
Creek Marsh appears to have a relatively low vegetational diversity,
possibly due to increased sedimentation rates in the area which keep the
marsh in a constant state of change, and prevent species which require
greater stability from getting established.

OWNERSHIP PATTERNS:

The predominant land owner north of U.S. Route 40 is the Bata Land Company.
However, portions of the Bush Declaration Natural Resources Management Area
have been acquired by the State. To date, 95.7 acres are under the control of
the State in and around this critical area.

1-108

South of U.S. Route 40, several private ownerships exist including portions
owned by the Bata Land Company .

CURRENT PLANS AND ZONING:

The primary zoning classification around the Bush Creek Marsh is R-3. This
residential zone permits single family, two family and multi-family residential
units. Also allowed by conditional use within the R-3 zone is the Community
Development Project (CDP). This conditional use allows exceptions to lot
areas, setback requirements and variation in building arrangement. The Bata
Riverside development just east of the site has obtained the CDP classification
and currently is under development .

The marsh and surroundings are placed in the same classification and staging
pattern for both water and sewerage service. The marshland itself lies in
the 6-10 year service categories. Land to the southwest lies in the 1-2 and
3-5 year service categories. To the east, on the other side of Bush Run,
lies a large parcel of land owned by the Bata Land Company, which will receive
water/sewerage service within 1-2 years. To the north and west, the abutting
land lies in the 6-10 year service category.

CONTINUING PLANNING AND STUDIES:

The Department of Natural Resources has developed an acquisition plan for
the Bush Declaration Natural Resources Management Area. This plan calls for
the acquisition of land east and west of James Run, north of U.S. Route 40
and generally south of Interstate 95. At present, the State has acquired 96.7
acres of land consisting of four individual parcels. Acquisition opportunities
on the east side of James Run present a problem in that the Bata Company has
begun development of its town. Riverside, in this area. The Department of
Natural Resources is attempting to negotiate an easement on portions of Bata's
property.

Development proposed in the Bush Creek Marsh area consists of single family
detached residential. The appropriate stormwater management and sediment
control facilities have been required as part of this development.

1-109

THREATS AND PROBLEMS:

The immediate threat to the Bush Creek Marsh north of U.S. Route 40 is the
Bata Riverside development. Enforcement and maintenance of stormwater and
sediment control facilities is critical to the protection of the marsh.
Even with the proper execution of these development requirements, the quality
of the water runoff may prove detrimental to the life of the marsh. The
provision of buffer areas around the marsh will assist in providing minimal
protection.

A secondary impact to the marsh exists from upstream development in the
broader impact area. The main stream feeding into the marsh, Bynum Run, is
on the edge of the County Master Plan Development Envelope. The major portion
of County residential growth is programmed to occur in the corridor, running
west of Bynum Run. Stringent enforcement of stormwater and sediment controls
will be necessary if the viability of the marsh is to be maintained.

MANAGEMENT :

Short-term management strategies are necessary in the immediate area of the
Bush Creek Marsh. The Department of Natural Resources program of negotiating
easements with the Bata Land Company on the east side of the marsh should be
continued. Stringent enforcement of stormwater and sediment controls in this
area should be an immediate priority of Harford County .

Long-term management involves a careful review of programmed development in
the Bynum Run Watershed. The level of development intensity should be
responsive to the ability of the environment to accommodate the impact. A
comprehensive stormwater management plan should be developed for the water-
shed in addition to individual site controls. The sewer and water service area
categories for the marsh proper should be reevaluated by the County.

1-110

AREAS OF CRITICAL STATE CONCERN

Site liame bush creek marsh -ti8

County . HARFORD Acreage 3oo Date Designated jan.i98i

Designated Critical Area ^ \

Tidal Wetlands
Non Tidal Wetlands

Buffer Area
Impact Area
Scale: r'=2000'

1-111

^Uo^t 1 ^( 1

CHURCH CREEK MARSH

CLASS: Tidal Wetlands SITE NUMBER: T 19

LOCATION:

The Church Creek Marsh lies at the head of the Bush River near Belcamp.

AREA DESCRIPTION:

Church Creek Marsh is a long (5,000 ft.) marsh extending primarily up the
western edge of Church Creek, with the wetlands area estimated at 70 acres.
Although arrow-arum and pickerelweed dominate the deeper waters along
the edge of the channel, cattails cover much of the area, with marsh
mallow (Hibiscus palustris) forming fairly dense stands at some locations.
Cattails are found in the higher areas of the marsh which extend in
from upland sites.

Approximately 1,200 ft. upstream from the mouth of the Creek is a stand
of common reed (Phragmites communis) . Many isolated stands of pickerelweed
and arrom-arum are located throughout the marsh. The uppermost reaches are
again dominated by cattails with smartweed, pickerelweed and arrow-arum
along the water's edge. Church Creek apneared to be the most vegetationally
diverse of the three marshes in the Bush River area.

Mallard ducks, common egrets and green heron have been spotted and among
the mammals, species known to make their homes in this marsh are nutria
and muskrat .

OWNERSHIP PATTERNS:

The north side of Church Creek, which includes the marsh itself as well as
buffer and impact areas, is owned by Bata Land Company. The south side of
the Creek opposite the marsh, which also includes a part of the impact area,
lies in private ownership with two maior parcels accounting for most of
this land area.

1-112

CURRENT PLANS AND ZONING:

The Church Creek wetland is presently zoned R-3 and M-1 . The R-3 classif-
ication permits single family, two-family and multi-family residential
development. Minimum lot areas for the R-3 zone are as follows: single
family - 7,500 square feet, two family - 5,000 square feet, and multi-family -
A, 000 square feet. Additionally, this zone permits by conditional use the
Community Development Project (CDP) . This conditional use option permits
exceptions to lot area and setback requirements and variation in building
arrangement .

A small portion of Church Creek Marsh is zoned M-1, Light Industrial District.
This zone permits the normal light industrial uses found in most urban areas.

Across Church Creek, opposite from the Marsh, land is zoned A-1, Agricultural
District. This zone is designed primarily for agricultural uses but does
allow residential development at a very low density, one lot per 10 acres
of land with a minimum lot size of two acres.

North of U.S. Route 40, within the Bata Riverside development and near the
Church Creek Marsh, land is zoned M-2 . This zone is the most intense
industrial zone in Harford County and allows heavy manufacturing and refining
operations .

The County Water and Sewerage Plan places the Marsh in the W-5 and S-5
categories which authorize water/sewerage service to be provided there within
6-10 years. The buffer area also lies in the same categories with the exception
of adjacent Belcamp, which is now served by water /sewerage.

A portion of the land (owned by the Bata Land Company) lying immediately
northwest of the B&O Railroad track opposite the Marsh, has been placed in the
W-4/S-4 category, which allows water/sewerage service in 3-5 years. The rest
of the land in the vicinity is not scheduled for service.

1-113

CONTINUING PLANNING AND STUDIES:

While no plans exist for development or other alterations of the Marsh itself,
plans for adjacent private development could have significant effects there.
Bata Land Company is initiating construction of a new town of Riverside with
an industrial component to be developed along Route 40 adjacent to the Marsh.
In addition, plans exist for multi-family residential developments south of
Route 40 on the western edge of the site.

THREATS AND PROBLEMS;

These adjacent developments pose potentially serious problems by virtue of
possible sedimentation and runoff, both during and after construction, and
the resulting siltation of the Marsh itself. Such siltation obviously would
devastate spawning grounds and other sensitive and natural features. The area
lying across Church Creek opposite the site is currently in agricultural use
and sedimentation and runoff are also major concerns in this sector.

MANAGEMENT:

The buffer areas to the north and west/southwest must be preserved when the
planned industrial and residential developments are commenced. Within the
impact area to the north and west, stormwater management and sedimentation
ordinances must be strictly enforced to prevent sedimentation/pollution of the
Marsh and destruction of its multi-faceted habitats. Agricultural operations
on the south side of the Creek must also be monitored to ensure that runoff
and sedimentation do not occur.

The sewer and water service area categories for the marsh proper should be
reevaluated by the County.

1-114

IS OF CRITICAL STATE CONCERN

Site Name church creek marsh -ti9

County HARFORD

Acreage 3oo Date Designated Jan.i98i

Designated Critical Area
^ Tidal Wetlands
Non Tida! Wetlands

Buffer Area
Impact Area
Scale: r'=2000'

1-115

Sheet X of _L

OTTER POINT CREEK MARSH
CLASS: Tidal Wetlands SITE NUMBER: T 20

LOCATION:

Otter Point Creek Marsh is situated in Harford County, east of the inter-
section of U.S. Route 40 and Md. Route 24, and north of the community of
Edgewood.

AREA DESCRIPTION:

Otter Point Creek Marsh is the largest privately owed freshwater marsh in
Harford County and one of the few large freshwater tidal marshes that remains
in a natural, little disturbed state in the Chesapeake Bay region. Its value
was recognized in the Smithsonian Institution's report "Natural Areas of the
Chesapeake Bay Region", which recommended that the 400 acres of tidal marsh
be protected and that a substantial buffer area be established around the
marsh area.

The vegetation in the Otter Point Creek Marsh area is quite diverse, con-
sisting of rooted aquatics - water milfoil and wild celery in the shallow
water in front of the marsh proper; broad-leafed vegetation - arum gum, spadder-
dock, and pickerelweed among other - in the regularly flooded portions of the
marsh; and predominantly cattail vegetation in the upper reaches of the marsh,
with large stands of sweet flag also present there. Among the other species
found in the marsh are wild rice, river bullrush, jewelweed, smartweed, and
a'species uncommon in the tidal areas, gold-club (Orontiumaquaticum) .

The major portion of the marsh is horse-shoe shaped, with a cove marsh
extending northerly toward Route 40. Most of the floodplain above the main
portion of the marsh is either sewage lagoon or low- land forest, much of which
is seasonally flooded. Many of the species present in the marsh are of high

1-116

value for wildlife habitat and food purposes - the cattails, wild rice, arrow-
arum, spatterdock, and wild celery, among others. There is a high inter-
spersion of vegetation types and a high water edge to marsh acreage ratios,
both of which tend to diversify the habitat and food available for wildlife
purposes. Twenty-five species of marsh plants were identified in one recent
field visit; several more valuable marsh species are also likely to be
present there.

In a recent study by the Maryland Department of Natural Resources, the Otter
Point Creek and the Bush River were documented as spawning and/or nursery
areas for a number of anadromous and semi-anadromous fish species. The area
is also known as an important feeding and nesting area for waterfowl, blacks
and mallards in particular. Other species likely to be present include
mammals such as muskrats, raccoons, and possibly mink and otters; birds such
as sora, and Virginia rails, green herons, great blue herons, least and
American bitterns, spotted sandpipers and yellowlegs, redwing blackbirds,
long-billed marsh wrens and other songbirds; assorted reptiles and amphibians
such as common water snake, painted turtles, snapping turtles, green frogs
and leopard frogs; and various groups of invertebrates. (The latter are
valuable as a wildlife food source.)

This type marsh is also valuable as a nutrient buffer, thus helping to pro-
tect the water quality of the Otter Point Creek and the Bush River. The
marsh traps a large part of the sediment delivered from upstream areas.

The sewage lagoons located above the marsh are not actively used for

their original purpose and are good wildlife habitat. They are heavily

used by muskrats and probably serve as good waterfowl resting and feeding areas

during most of the year. Many excellent waterfowl foods are located around the

lagoons. They also probably support a number of bird, mammal, amphibian,

reptiles and invertebrate species.

OWNERSHIP PATTERNS:

Otter Point Creek Marsh is under multiple, private ownership.

1-117

CURRENT PLANS AM) ZONING:

The majority of the actual marsh is zoned R-3 (Multi-family Residence Dis-
trict) which permits single family and semi-detached units, and allows by
conditional use, community development projects which include townhouses
and apartments. A portion of the land in the Westshore project is zoned
B-3 (General Business District) .

The horse-shoe shaped portion of the marsh is not planned for either water
or sewer service. However, a significant amount of land which forms the
smaller cove marsh to the northeast is in the W-5 category (Service in 6-10
years). The remainder of the area, including the low-land forest and other
seasonally flooded sections, is designated as S/W-1 (existing sewer and water
service), S/W-4 (service in 3-5 years), and S/W-5 (service in 6-10 years).

CONTINUING PLANNING AND STUDIES:

Harford County is currently undertaking a comprehensive rezoning process
for the entire County.

THREATS AND PROBLEMS:

Development of portions of the marsh, pursuant to current zoning and
sewer and water plans, will negatively impact the continued viability of the
marsh. In addition, the County's plan for the extension of Westshore Drive
across the marsh, is a significant threat to protecting the ecosystem of the
marsh.

In general, the lack of adequate storm water and sediment controls in the
impact area will have a deleterious effect on the marsh.

MANAGEMENT :

Current local plans for sewer and water and transportation facilities need
to be revised to ensure preservation of Otter Point Creek Marsh. During
the comprehensive rezoning process, the County should zone to ensure that
the Otter Point Creek Marsh is preserved and that surrounding land uses are

1-118

of an appropriate type and intensity so as to minimize impact of further
development in the watershed. The marsh and its buffer area should not be
planned for sewer and water service. The planned crossing of the marsh by
Westshore Drive should be deleted from the County's transportation plan.

All development occurring within the impact area should have adequate
sediment and stormwater control mechanisms.

1-119

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1-121

SWAN CREEK MARSH
CLASS: Tidal Wetlands SITE NUMBER: T 21

LOCATION:

Swan Creek Marsh is located on Swan Creek southeast of the City of
Aberdeen. A portion of the Marsh also lies within the Aberdeen Proving
Grounds.

AREA DESCRIPTION:

Most of the marsh area is undeveloped. It is a productive natural area
and prime wildlife habitat.

The mouth of the Swan Creek drainage basin is partially sheltered by a sandy
spit which extends down from the northeast. Along the shoreline are many
rooted emergent plants such as millet grass and water willow. Several small
marshy areas are encountered as one moves upstream by boat. The Swan Creek
Marsh area proper forms a broad delta which is 2,000 feet across. Anyone
travelling upstream, however, would first encounter a mudflat which extends
600 feet downstream from the marsh vegetation and all the way across the
delta. These mudflats become exposed during the lowest tides. Water here
is very muddy.

This marsh encompasses approximately 110 acres and is cut by two primary
channels. Arrow-arum (Peltandra virginiana) and pickerelweed (Pontederia
cordata) form the bulk of the lower marsh, with wild rice (Zizania aquatica)
emerging in the areas of decreasing water depth. Although arrow-arum and
pickerelweed make up the bulk of the vegetation on this "island", rice-
cutgrass (Leersia oryzoides) and smartweed (Polygonum spp.) appears quite
frequently.

The upper reaches of the marsh are dominated by cattail (Typha spp.) and

1-122

smar tweed intermingled with river bulrush (Scirpus f luviatilis) . This
eventually grades into a red maple (Acer rubrum) swamp. In several areas
the cardinal flower (Lobelia cardinal is) emerges through the vegetation.

The Swan Creek Marsh supports a number of bird species. Blue and white
heron, snowy egret, and red-winged blackbird were all sighted in the area.
The presence of wild rice indicates this would be a prime waterfowl area
during migration.

OWNERSHIP PATTERNS:

The northern portion of the marshland is privately owned and the southern
portion, which lies within the Aberdeen Proving Grounds, is federally-owned.
The surrounding areas are privately owned except for a portion north of the
Creek which is owned by the Harford County Bureau of Recreation and Parks.

CURRENT PLANS AND ZONING:

The site is zoned A-1, Agricultural District. This zone is designed pri-
marily for agricultural uses but does allow residential development at the
density of one lot per ten acres of land with a minimum lot size of two acres.

Both the water and sewerage plans place the Marsh in the W-6 and S-5
categories . Water and sewerage services are not to be provided here within
the next ten years. The areas immediately around the site are also in the
S-6 and W-5 categories. Aberdeen, which lies roughly three-quarters of a
mile to the west, is expanding eastward and a section of land along the
eastern boundary has water and sewerage facilities in the final planning
stages.

CONTINUING PLANNING AND STUDIES:

These are discussed under the next heading.

THREATS AND PROBLEMS:

Overall development pressures in the impact area, particularly because of

1-123

the eastward expansion of the Aberdeen growth center, pose a threat to the
wetlands by virtue of sedimentation and runoff.

In addition, several immediate planning actions have potentially
negative impacts on the wetlands. The Aberdeen Proving Ground Master Plan
produced in 1980, recognizes the site as environmentally sensitive and
reserves it for recreational use. This plan, however, also reserves an area
adjacent to the wetlands for new military housing. Such development could
cause significant problems if proper sedimentation controls are not utilized
and a buffer is not maintained between the housing and the Marsh.

Another plan with a significant potential adverse effect is a possible joint
use agreement between Harford County and the Aberdeen Proving Grounds. This
agreement, if implemented, would allow recreational boating on Church Creek
near the wetlands. Such boating could cause shoreline erosion along with
increased siltation of the wetlands themselves, potentially causing damage
to wildlife habitats there.

Another difficulty is presented by effluent from the Aberdeen Proving Grounds
sewage treatment plant which now discharges into Swan Creek. This pollution
threat will subside, however, if the plant's discharge point is moved in
1982 as planned.

MANAGEMENT :

A primary concern is the regulation of construction activity in the impact area
to prevent sedimentation and runoff and to avoid degradation of water quality
and siltation of the wetlands. To this end, the County and the Aberdeen
Proving Ground should provide an environmentally sound development program
for preserving the Marsh from the deleterious effects of surrounding develop-
ment. In particular, the recreational boating issue should be studied closely
to ascertain potential damage to the shoreline before any such agreement is
consummated. Aberdeen Proving Grounds also must provide a buffer area so
that proposed military housing construction does not impinge on the wetlands,
and should also ensure that runoff is contained on the housing site.

1-124

AREAS OF CRITICAL STATE CONCERN

Site Name swan creek marsh -t2i ^____

County HARFORD Acreage 325 Date Designated Jan.

1981

/ II

Swan Creek Point ^ V

Designated Critical Area
Tidal Wetlands
Non Tidal Wetlands

Buffer Area

Impact Area I

Scale: 1 "3 2000'

1-125

Sheet J_ of _L

Chapter Two

NON -TIDAL WETLANDS
DESIGNATED AREAS

III. AREA DESCRIPTIONS AND MAPS

2-5

CLASS: Non-Tidal Wetlands SITE NUMBER: TN 1 - TN 14

The following designated non-tidal wetlands are also designated tidal wetlands.
In all cases, the two types of wetlands are either contiguous or close enough
to one another to be considered as a single area. Therefore, descriptions and
maps of TN 1 through TN 13 are presented in Chapter One, and TN 14 is presented
in Chapter Four.

Name Refer to Page

Severn Run Tributaries 1-24

Jug Bay 1-32

Eagle Hill Bog 1-40

South River Headwaters 1-44

Round Bay Bog 1-52

Gunpowder Delta Marsh/Day's Cove 1-55

Zekiah Swamp 1-61

Mattawoman Creek 1-68

Big Marsh/Howell Point 1-74

Broad/Henson Creek Marsh 1-78

Piscataway Creek 1-82

Chaptico Run 1-88

Killpeck/Trent Hall Creeks 1-92

Pocomoke River 4-3

Site Number

2-6

FRESH POND/ANGEL'S BOG
CLASS: Non-Tidal Wetlands SITE NUMBER: N 15

LOCATION:

Fresh Pond lies within the Mountain Road peninsula of Anne Arundel County,
located on the north side of Mountain Road (Md. Route 177), west of Forest
Glen Drive.

AREA DESCRIPTION:

The site consists of a twelve-acre pond and a twenty-three acre shrub swamn
and bog, surrounded by forest and farm land. The pond is open water
with vegetation along the edges including fragrant water lily, swamp loose-
strife, and bladderwort. The shrub swamp and cranberry bog (unusual in itself)
surround the pond, and contain leatherleaf (a rare swamp shrub in Maryland),
pepperbush, red maple, bull rush, sedge, cranberry, sphagnum, and swamn loose-
strife. Most notable of the plant life are the sundew and round leaf sundew,
and the pitcher plant, which are insectivorous plants . Rare plants include
plpewart and yellow-eyed grass.

The hardwood forest which helps protect the pond and bog areas is a natural
haven for a variety of wildlife, particularly bird life. Species identified
at the site include northern cricket frog, painted turtle, bull frog, purple
martin, mallard, great blue heron, kingfisher, wood thrush, scarlet tanager,
red-bellied woodpecker and bobwhite. Deer and small game are also found.
The forest canopy includes chestnut oak, white oak, black oak and pitch pine.
The understory is comprised of chestnut oak, white oak, black gum, dogwood,
and hickory. The shrub layer is sparsely populated with huckleberry, blue-
berry, holly, azalea, and mountain laurel.

2-7

The unusual mix of plant life found here is attributable to the site's
location within a natural transition zone for a number of plant species
more common to areas and climates further to the north and south.

OWNERSHIP PATTERNS:

Land ownership immediately around Fresh Pond is comprised of three major
holdings. Along the western boundary of the pond subdivision development
is underway, severely limiting the provision of a buffer area. However,
portions of this development directly adjacent to Fresh Pond have been
placed in floodplain reservation.

CURRENT PLANS AND ZONING:

The current zoning classification for Fresh Pond and adjoining lands with-
in the impact area is zoned Residential 1, which permits residential develop-
ment with minimum lots of 40,000 square feet.

Water and Sewer Service facilities are not planned for Fresh Pond and its
impact area. Development can only be supported through on-site systems.

CONTINUING PLANNING AND STUDIES:
None.

THREATS AND PROBLEMS:

Increasing development directly adjacent to Fresh Pond and consequent
problems associated with development (e.g., increased runoff, sedimentation,
stripping of the natural vegetative cover) will seriously affect the site
and change its character. The Bodkin Point Subdivision is immediately
west of, and drains onto, the site. Only a small portion of the sub-
division along the Fresh Pond area has been placed in the protective flood-
plain reservation category. In addition, runoff from farming operations
adjacent to this area constitute a potential threat if not properly managed.

Farming operations on the northeast shore of Fresh Pond constitute a threat
to the water quality and bog vegetation due to siltation from pigs eroding
the earth along the shoreline and depositing fecal material in the pond.

2-8

MANAGEMENT :

Management of the impact area for Fresh Pond requires at least the maintenance
of the existing zoning classification which permits one dwelling unit per acre
in the area. The County should review the adequacy of this zone to protect
the bog. If necessary, an effort should be made to rezone the pond and flood-
plain to an open space category. Emphasis should be placed on obtaining pro-
tective easements during the processing of future subdivision plans. Farming
operations should be reviewed by the Soil Conservation District, and improve-
ments made where necessary.

2-9

AREAS OF CRITICAL STATE CONCERN

iite Name fresh pond/angels bog -ni5

bounty ANNE ARUNDEL Acreage _2op Date Designated JAn.i981

esignated Critical Area * * Buffer Area

al Wetlands [••■■•^vivl Impact Area

Scale: 1"=2000'

\T^ Non Tidal Wetlands

.www
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2-10

Sheet _L of -L.

BATTLE CREEK CYPRESS SWAMP

CLASS: Non-Tidal Wetlands SITE NUNBER: N 16

LOCATION:

The Battle Creek Cypress Swamp Is located in the southern part of Calvert
County, and is intersected by Maryland Route 506 (Bowens Sixes Road),
approximately 5 miles west of Maryland Route 4.

AREA DESCRIPTION:

The Battle Creek Cypress Swamp is located at the headwaters of the creek
for which it is named in an area significant in the early history of Calvert
County. Poor drainage and shallow depressions in the steeply dissected
terrain make the Battle Creek Cypress Swamp typical of coastal plain swamps.
The swamp contains one of the last remaining stands of bald cypress in Maryland,
the only Cypress swamp on the Western Shore, and one of the most northerly in
the United States. Large cypress trees in the swamp reach 100 feet in height
and four feet in diameter.

The wood of the bald cypress is valuable for its resistence to decay.
Cypress from this area was widely used in the County prior to its designa-
tion as a sanctuary. In addition, other rare vegetation may be found such
as paw-paw, tupelo gum, and sweet gum.

The swamp is a natural preserve and is a valuable habitat for many kinds of
frogs, turtles, lizards, snakes, fish and birds. Among those to be
found are opposum, mink, red-headed woodpecker, pileated woodpecker, and
pinewoods tree frog.

2-11

OWNERSHIP PATTERNS:

The principal owner of the swamp is the Nature Conservancy holding 100 acres
in two parcels. Several large land holdings surround the swamp site and
are devoted to agriculture and open space. Calvert County owns 20 acres
on Gray Road adjacent to the swamp where a nature center is located.

CURRENT PLANS AND ZONING:

All of the swamp area is in either the Conservation Zone or the Flood Plain
Zone. The Conservation Zone is limited to open space type land uses such
as agriculture, forestry, parks and recreation areas. Single-family dwell-
ings are permitted on parcels of five or more acres. The Flood Plain Zone
is basically the same, but no dwellings are permitted.

Much of the land west of the swamp and including the buffer area is zoned
A-1 which does permit single-family dwellings on parcels of one to five
acres, depending on individual circumstances.

The County Water and Sewer Plan places the Battle Creek Cypress Swamp in
the no-planned service category. Development can only be supported through
on-site systems.

CONTINUING PLANNING AND STUDIES:

The Calvert County Comprehensive Land Use Plan is currently being revised;
however, no changes are envisioned which will affect the swamp.

A Battle Creek Cypress Swamp Committee has been established by the County
Commissioners and charged with making recommendations for very limited use
(education and tourism) consistent with the preservation and protection of
the swamp. One of the management techniques that has been suggested is that
the Cypress Swamp Committee monitor, evaluate, and comment on any changes
in the general area x^^hich may affect the swamp. A nature center and an
elevated trail have recently been constructed. Educational exhibits and
programs are offered under the direction of a naturalist.

2-12

THREATS AND PROBLEMS:

The 120 acres under the ownership and control of the Nature Conservancy and
Calvert County appear to be exempt from future development. The zoning,
topography, and soil type severely limit development of adjacent lands.

Battle Creek and the swamp could be adversely affected by agricultural
activities in the watershed.

MANAGEMENT:

The Nature Conservancy ownership of the swamp insures its preservation
as a sanctuary. However, additional management techniques may be required
within the critical area, the proposed buffer area, and the general area
surrounding the swamp.

The following is suggested:

1. Limit development to those uses for which environmental compatibility
can be demonstrated.

2. Consider rezoning the portion of the buffer area now zoned A-1
to conservation.

3. Consider purchase of the buffer area or purchase of development
rights.

4. Analyze all major land use alteration and development proposals
for their effects on the swamp area.

5. Strictly enforce existing regulations for the prevention of
sedimentation.

6. Grant only those special exceptions and zoning changes which are
demonstrated to have no adverse effects on the swamp property.

2-13

AREAS OF CRITICAL STATE CONCERN

Site Name battle creek cypress swamp - ni6

County CALVERT

Acreage 125 Date Designated jan.i98i

2-14

Sheet _L of _L

(

NON-TIDAL WETLANDS

SEVERN RUN TRIBUTARIES

JUG BAY

EAGLE HILL BOG

SOUTH RIVER HEADWATERS

ROUND BAY BOG

GUNPOWDER DELTA MARSH/DAYS COVE

ZEKIAH SWAMP

MATTAWOMAN CREEK

BIG MARSH/HOWELL POINT

BROAD/HENSON CREEK MARSH

PISCATAWAY CREEK

CHAPTICO RUN

KILLPECK/TRENT HALL CREEKS

POCOMOKE RIVER

FRESH POND/ANGELS BOG

BATTLE CREEK CYPRESS SWAMP

FINZEL (CRANBERRY) SWAMP

POTOMAC SHORELINE MARSHES

SUITLAND BOG

Scale In Miles

Prepared by

MARYLAND DEPARTMENT OF STATE PLANNING

January, 1981

FINZEL (CRANBERRY) SWAMP

CLASS; Non-Tidal Wetlands SITE NTOIBER: N 17

LOCATION:

Finzel Swamp also known as Cranberry Swamp, is located in the northeastern

portion of Garrett County, lying immediately east of the ridge line of

Little Savage Mountain, 1% miles northeast of the U. S. 48/MD 546 Interchange.

AREA DESCRIPTION:

Finzel Swamp is the headwaters of Savage River. It is an inland wetland
of a type that is rare in Maryland. The highest point in the vicinity,
Sampson Rock (2,934 feet), lies to the immediate northeast. The Little
Savage and Big Savage Mountain Ridges form a cradle for the Swamp and con-
trol the natural drainage.

The flora of Finzel Swamp exist in a refugium, a microclimate of relict
colonies which survived the retreat of the glaciers that originally forced
them south. These are plants endemic to northern habitats and uncommon
to the State of Maryland. The wettest portions of the Swamp are thick with
blueberries and viburnum. In the drier areas, rhododendron is the dominate
shrub, with a variety of tree species including hemlock, oak, witch hazel,
red maple and yellow birch. On still higher ground, red maple, red oak,
witch hazel, hickory and sassafras predominate, along with continually profuse
rhododendron. The Swamp provides a prime wildlife habitat for muskrat, fox,
mink, deer, and beaver among others. The rare wild turkey also lives in
this area, and it is thought that the bog turtle may also inhabit the Swamp.
Vegetation occurrences which are rare in Maryland include tamarack, wild
calla, cranberry, red spruce, yellow birch, gold thread, and Canadian
burnet.

2-15

OWNERSHIP PATTERNS;

The Nature Conservancy controls 312 acres, including the designated
Swamp area. The Conservancy's goal is to acquire 500 acres. The
remaining area surrounding the Swamp is under multiple private owner-
ship.

CURRENT PLANS AND ZONING:

Zoning regulations have not been adopted for this part of Garrett County.
The Finzel Swamp is included in "A Development Plan for Garrett County",
which was adopted by the Board of Garrett County Commissioners on May 20,
1974. The Plan encourages the voluntary private acquisition of the Swamp and
adjacent areas to protect them from the "intrusion of pesticides or other
adverse water-borne influences." There are no water and sewer service
facilities planned for this area.

CONTINUING PLANNING AND STUDIES:

The scientific staff at Frostburg State College has been conducting studies
of plant succession in Finzel Swamn for some time, and through these studies
became fearful that human activity, fire, and beaver dams would cause its
gradual destruction. They called on the Nature Conservancy to help save
this outdoor laboratory. The Conservancy has begun a full-scale acquisition
program to preserve 500 acres of the Finzel Watershed. The Swamp area con-
tinues to be studied as a natural science field laboratory by Frostburg State
College.

THREATS AND PROBLEMS:

The Swamp is located near an interchange of the recently completed National
Freeway. While there are currently no known plans for development, any
changes in land use in the swamps watershed could threaten the Swamp.

MANAGEMENT :

Finzel Swamp was selected by the Nature Conservancy for preservation efforts
not only because of its highly significant natural characteristics, but also
because its comparatively small size gives a realistic

2-16

opportunity to create an "ecologically defensible" natural preserve.
The Swamp can be made as safe as possible from adverse development of
adjoining property through fee simple purchase of the immediate watershed.

The program to assure protection of Finzel Swamp should include:

1. Completion of the Conservancy's land acquisition program by voluntary
negotiation for purchases.

2. Continued management and scientific use by Frostburg State College.

3. Possible development of an elevated boardwalk to accommodate a
self-guided interpretive trail, provided that suitable means can also
be developed to prevent destructive effects of unauthorized entry.

4. The County should evaluate whether it would be desirable and necessary
to protect this area through development of detailed plans and creation
of appropriate zoning.

2-17

AREAS OF CRITICAL STATE CONCERN

Jite Name finzel (cranberry) swamp -ni7

bounty GARRETT

Acreage joo Date Designated Jan.i981

/Tiddl Wetlands

I I '"A7///Non Tidal Wetlands

sWWW

Impact Area
Scale: 1"=.2000*

2-18

Sheet _L of _L

POTOMAC SHORELINE MARSHES

CLASS: Non-Tidal Wetlands SITE NUMBER: N 18

LOCATION:

Floodplain areas along the Potomac River in Montgomery County, near the
mouth of Seneca Creek.

AREA DESCRIPTION:

This site includes a series of wetlands scattered along the Potomac River.
The wetlands are Hughes Hollow, Seneca Swamp, and the C & 0 Canal. A de-
scription of each wetland and its setting can be found below:

1. Hughes Hollow, also kno^<m as the McKee-Beshers Wildlife Management
Area, is located four miles south of Poolesville.

The area is a highly dissected mosaic of different wetland habitats
interspersed with sod farm and deciduous forest. The wetland is
composed of five different habitat types. The largest type is an
area of 355 acres covered by stands of a green ash-pin oak-red elm
association, much of which is seasonally flooded to a depth of several
inches. The maturity of these stands varies as indicated by an average
DBH range of 6 to 18 inches. Shrub swamp, composed of button-bush,
several moist-site hardwoods and numerous aquatic plants, covers 165
acres. Wooded swamp is present over 130 acres and is composed chiefly
of green ash with many shrubs and aquatic plants. Much standing dead
timber is present. Deep marsh and open vjater covers about 60 acres.
Vegetation is chiefly rooted and floating aquatics and emergents.
Interspersed with wetland and deciduous forest are sod farm fields

2-19

and fencerows. These provide open areas and increase the edge-opening
ratio which is valuable to a diverse wildlife community.

2. Seneca Swamp is located just north of the Potomac River and west of
Seneca Creek.

Seneca Swamp is a 135-acre wetland comprised of 50 acres of shrub swamp
and 85 acres of wooded swamp. The shrub swamp lies toward the middle of
the site and is found in three distinct clumps. Typical of the shrub
swamp is a very sparse understory of willow and green ash. Hibiscus
comprises the bulk of the dense herbaceous layer, though willow and
buttonbush also occur. The herbaceous layer is only moderately dense,
but is quite diverse. The wooded swamp is characterized by an open canopy,
virtually no understory or shrub layers and a very dense herbaceous layer.
Green ash is the dominant canopy species with a few specimens of pin oak.
DBH's range from 9 to 12 inches. Moneywort and jewel-weed comprise the
bulk of the ground cover. Scattered stands of red maple can also be
found toward the periphery of the area. The site is contiguous with the
McKee-Beshers Wildlife Management Area. Seneca Swamp is a valuable
area for wildlife.

3. Small Wetlands areas are located south of the Dierssen VJaterfowl Sanctuary
between the Canal and the Potomac River, and just west of the mouth of
Seneca Creek.

These sites are characterized by typical riverbottom vegetation and a
small shrub swamp. The shrub swamp is covered mostly by buttonbush
and black willow with much arrow-arum and small areas of open water.
Wood ducks and green heron nest in the swamps. The avian community of
this area is noteworthy for the uncommon resident and migratory species
likely to be encountered there. The remains of the aquaduct over Seneca
Creek and an old building, both constructed from native rock quarried
in the area, add historical interest to this riverside natural area. The
old tow path for the canal runs the length of the site and allows easy
passage along this scenic stretch of the Potomac River.

2-20

OWNERSHIP PATTERNS:

1. Hughes Hollow or the McKee-Beshers Wildlife Management Area is owned

by the State of Maryland and is managed by the Fish and Wildlife Admini-
stration.

2. The Seneca Swamp is located in the Seneca State Park, and is also owned
by the State, and is managed by the State Park Service.

3. The C&O Canal wetlands are part of the C&O Canal National Historic
Park and are owned by the Federal government.

CURRENT PLANS AND ZONING:

The current County zoning classification in the Hughes Hollow and Seneca
Swamp area is agricultural, which allows 25-acre minimum lots, and rural,
allowing 5-acre minimum lots. This area is included in the "No Planned
Service" category in the County Water and Sewer Plan. Upstream areas in
the Seneca Creek Watershed are served, or planned to be served by water and
sewerage.

In 1971, Public Law 91-664 established the Chesapeake and Ohio Canal
National Historical Park. Local planning and zoning regulations are not
applicable within the Park. In 1976, the National Park Service prepared
and published a general plan for managing the Park. According to this
plan. Area "3" of the Critical Area Potomac Shoreline Marshes, which is
located near Katie Island, is in Section 5 of the C&O Canal Park and is
zoned "C-Short Term Recreation." Area "3" which is located west of Seneca
Creek, is in Section 6 of the C&O Canal Park and is zoned "A-National
Interpretive Center."

CONTINUING PLANNING AND STUDIES:

The approved and adopted Master Plan for the Potomac Subregion was published
by Montgomery County in May 1980. This plan proposes to reconfirm the
established low density residential pattern of development. The Darnestown
Planning District, the western most district of the Potomac Subregion,
has Seneca Creek as its western boundary and is of some significance to the
Seneca Wetlands. This area was zoned to provide a suitable transition
between the rural zone and the more suburban areas to the east.

2-21

A second plan, published by Montgomery County in the Spring of 1980 was
the Agricultural Preservation Plan. This plan proposed zoning that will
preserve prime agricultural land in the area west of Seneca Creek to the
county line.

Program Open Space has been instrumental in acquiring islands in the
Potomac. These islands acquired through the capital program of the
Department of Natural Resources are managed by the Wildlife Administration.
The acquisition of islands is an activity that has been ongoing over the
last fifteen years with the most recent purchase occurring in 1980.

THREATS AND PROBLEMS:

No major or significant imminent threats to these wetlands are known.

MANAGEMENT :

County and federal plans are sensitive to the environmental qualities of the
Potomac Shoreline. The Montgomery County Potomac Subregion Master Plan pro-
poses rezoning along the Potomac River to "provide visual continuity with
the C & 0 Canal National Park and to preserve those environmentally sensitive
and naturally unique areas worthy of preservation by discouraging develop-
ment of the ravines and steep slopes adjacent to the Canal Property."

The Federal C & 0 Canal National Park plan calls for "the stabilization and
a partial restoration of the canal and its structures, the preservation of
the natural area surrounding it, the interpretation of historical and
natural values associated with the canal and the provision of outdoor recre-
ation."

The current local plans and zoning in the immediate vicinity of these wet-
lands appear adequate for their continued protection. The fact these areas
are publicly owned also is important to their proper management.

Continued attention to strong storm water management and sediment control
practices in areas which drain to these wetlands is also necessary. Steps
can be taken to prevent a worsening of the situation by programs recommended

2-22

in the County's adopted functional Master Plan for the Seneca Creek which
includes specific recommendations for the protection and improvement of the
stream.

The Wildlife Administration manages the wetlands of the McKee-Beshers Wild-
life Management Area and the islands of the Potomac River for waterfowl
usage.

Additional investigation is needed to determine the archeological value of
these areas.

The Potomac River in Montgomery County has been designated a Scenic River
under provisions of the Maryland Scenic Rivers Act of 1968. The Scenic
Rivers Program is charged with protecting the scenic, fish, wildlife and
other values of all designated scenic rivers. Should a Scenic River Plan
be developed for the Potomac River, it should include management provisions
for the adjacent wetlands identified here as critical areas.

2-23

AREAS OF CRITICAL STATE CONCERN

I Name POTOMAC shoreline MARSHES-N18
nty MONTGOMERY

Acreage _5oo Date Designated jan.i98i

TM Tiddl Wetlands
M_:^ Non Tidal Wetlands

2-24

Sheet J_ of -2_

AREAS OF CRITICAL STATE CONCERN

ite Name potomac shoreline marshes -nib

OUnty MONTGOMERY

Acreage soo Date Designated jan.i98i

2-25

Sheet _?_ of -1

AREAS OF CRITICAL STATE CONCERN

Site Name POTOMAC shoreline marshes -N18
County MONTGOMERY

Acreage -soo Date Designated jan.i98i

r-'

VN^l

\-'.% I

k.-

ii.

-■'• r

(!■;/* ^Seneca C - ' 6^""f\ ''-' '^

/^ ■''»■

^.^(-■•BX,

ii-:!!^^?.— —-^./?^"!^ Areas-:

P A I-.- , „ .

■ $ ^ (j. ,

'i VRushvilV ""x yS

--^^ Lock 2 3

POTo

.^ -^

>-/:)

Designated Critical Area ^ | Buffer Area

Tiddl Wetlands r-:';-;':-:':! Impact Area

Non Tidal Wetlands

Katie
Island

Scale: T'=2000'

2-26

Sheet _3- of -2-

SUITLAND BOG

CLASS : Non-Tidal Wetlands SITE NUMBER: N 19

LOCATION:

The Suitland Bog is located in Prince George's County at the northern end
of a 20-acre parcel owned by the Maryland-National Capital Park and Planning
Commission. This parcel lies in the northeast quadrant of the intersection
of Suitland Parkway and Suitland Road.

AREA DESCRIPTION:

The Suitland Bog, a cedar swamp, is a small remnant of the Magnolia Vir-
giniana Bogs which at one time were considerably more extensive in the region.

The Bog provides a habitat for a number of unique species of vegetation in-
cluding several varieties of insectivorous plants such as the common pitcher
plant, Sarracenia, purpurpea and the common subdew, Drosera rotundifolia.
Other unusual plants include the pipewort, white fringed orchid, and bog
club moss.

The Bog has a high value for scientific and educational uses due to its
proximity to a large urban area and the fact that it is the only remaining
Bog of its type in the region. Its role as a habitat for unique plant
species also makes it an environmentally significant asset.

OTOERSHIP PATTERNS:

The Bog is owned by the Mary land -National Capital Park and Planning
Commission and land to the north and east is owned by residential developers,
A large open parcel with one home lies south to southeast and to the west

2-27

lies a completed residential development of about 20 units. Suitland Road
abuts to the south and, below Suitland Road, multiple property ownerships |
exist.

CURRENT PLANS AND ZONING:

The Bog itself is zoned R-R, a low density residential classification allow-
ing two units per acre, although it is publicly owned. Lying to the north
and east are large parcels zoned R-T, a classification allowing townhouses
at a density of 10 units per acre. A bit further to the east, a large parcel
of land is zoned R-18, a classification allowing garden apartments. Land to
the west is zoned R-R and to the south, below Suitland Road, much of the land
is zoned R-T.

The entire area surrounding the Bog is, or will soon be served by community
water and sewerage systems. Virtually all of this land not currently served
by water or sewerage will be served within 1-2 years. Serving this land,
however, will not require traversing the Bog with water or sewerage pipes.
Development to the north and east can be served from major trunk lines
located north of the Bog. (

CONTINUING PLANNING AND STUDIES:

Prince George's County Planning staff is currently revising the master plan
for the Suitland-District Heights sector where the Bog is located. The new
plan, scheduled for adoption in 1982, will include strategies for protecting
the Suitland Bog. The County has also performed a hydrologic study to determin
the location and direction of flow of the underground water supplying the Bog
and also to ascertain if increasing development of the area is polluting or
lowering the level of this underground water supply. Managing this water
supply is extremely important since the Bog depends on this hydrological re-
source for its survival. Finally, a management and park study has been con-
ducted to develop recreational uses for the Bog Itself as well as for the
County-owned land surrounding it.

l-li

THREATS AND PROBLEMS:

The Bog is virtually surrounded by existing and proposed residential sub-
divisions. The Bog itself is lower than the surrounding developed/developing
area and faces immediate danger from sedimentation. Additionally, lack of park
facilities in the immediate vicinity will result in use of the Bog for recre-
ational purposes with attendant problems of littering. Because this Is a peat
Bog, there is also some chance of fire during extremely dry periods. The attrac-
tiveness of the surrounding area for development will make these problems more
severe in the future.

MANAGEMENT :

Local management efforts to date have been concentrated on addressing the
sedimentation problem. County efforts in the impact area - the present and
existing proposed residential subdivisions surrounding the Bog to the north
and east - have involved the utilization of various regulations to control
runoff, thus preventing sedimentation and allowing this water to replenish
underground supplies. Such efforts will continue their Importance as exten-
sive residential construction in the area continues.

Another current management effort Involves developing the Bog and surround-
ing land for active and passive recreational uses which are compatible with
the site's environmental features. Long-term management priorities will con-
tinue to emphasize sedimentation control and protection of the Bog's groundwater

supply.

2-2 9

AREAS OF CRITICAL STATE CONCERN

Site Name __suitland bog -ni9

bounty PRINCE GEORGES Acreage 25

Date Designated Jan.1981

^^y^ Designated Critical Area
%Si Tidal Wetlands l-:-:-x-x^-l

c'-^ < Non Tidal Wetlands

Buffer Area
Impact Area
Scale: 1"=2000'

2-30

Sheet _L of _L

Chapter Three

PROTECTION
AND ENHANCEMENT

OF RAIL SERVICES
DESIGNATED AREAS

CHAPTER THREE: PROTECTION AND ENHANCEMENT OF RAIL SERVICES
DESIGNATED AREAS

I. DEFINITION

The provision of rail service can be a major element helping; to sustain
the overall economic health of a region. The loss of this service can have
serious economic impact upon local businesses and their communities.
There are currently 161 miles of branch lines in the State of Maryland
which depend on a subsidy from the State's rail service continuation
program to continue operation. Many more miles of track are currently
abandoned or unused. These represent an important resource that could
easily be lost if not protected and future use carefully planned The
map on the following page shows the location of the 15 designated rail
lines. The definition of this Critical Area class to protect and en-
hance these rail lines is as follows:

This class contains both operating and recently abandoned or
disused rail lines, including segments of those lines outside
the State, that are required to connect Maryland with the
rail networks of adjacent states. It also includes lines
used for both commuter service and freight hauling, or inter-
city passenger services.

3-1

RAIL SERVICE

R 1 OXFORD SECONDARY

R 2 DENTON TRACK

R 3 WESTERN MARYLAND-EAST SUBDIVISION

R 4 OCTORARO SECONDARY

R 5 CAMBRIDGE SECONDARY

R 6 PRESTON INDUSTRIAL

R 7 VIENNA TRACK

R 8 FREDERICK SECONDARY

R 9 CENTREVILLE SECONDARY

R10 CHESTERTOWN SECONDARY

R11 CRISFIELD SECONDARY

R12 MARDELA TRACK

R13 POCOMOKE SECONDARY

R14 SNOW HILL SECONDARY

R15 OCEAN CITY TRACK

SPECIAL AREAS o

SA1 POCOMOKE RIVER

SA2 SALISBURY PALEOCHANNEL

Scale in Miles

Prepared by

MARYLAND DEPARTMENT OF STATE PLANNING

January, 1981

R 1 OXFORD SECONDARY

R 2 DENTON TRACK

R 3 WESTERN MARYLAND-EAST SUBDIVISION

R 4 OCTORARO SECONDARY

R 5 CAMBRIDGE SECONDARY

R 6 PRESTON INDUSTRIAL

R 7 VIENNA TRACK

R 8 FREDERICK SECONDARY

R 9 CENTREVILLE SECONDARY

R10 CHESTERTOV\/N SECONDARY

R11 CRISFIELD SECONDARY

R12 MARDELA TRACK

R13 POCOMOKE SECONDARY

R14 SNOW HILL SECONDARY

R15 OCEAN CITY TRACK

SPECIAL AREAS O

SA1 POCOMOKE RIVER

SA2 SALISBURY PALEOCHANNEL

Scale In Miles

Prepared by

MARYLAND DEPARTMENT OF STATE PLANNING
January. 1981

II. MANAGEMENT POLICY

The provision of rail service in Maryland, particularly in rural
areas, has long been an area of concern to the State. State economic
and transportation needs could be enhanced by recognition of existing
rail opportunities which are currently threatened by loss or degradation
of service, and future rail opportunities threatened by abandonment of
rights-of-way. Recently abandoned rail lines, those threatened with
abandonment or those left in poor condition by the previous owner, have
been determined to be "Areas of Critical State Concern." Since the
passage of the Regional Rail Reorganization Act of 1973, the State has
sponsored a number of in-depth studies of both rail operations and the
economic implication of abandoning marginal branch lines. A conclusion
of many of the studies is that rail service can be an important element
for providing economic stability in their service areas and can be a key
element in future economic development potential for a region. To provide
a balanced transportation system in Maryland which will best meet the
future development needs of the State at the lowest cost, it will be
necessary to do whatever is possible and necessary, within the limitations
of competing demands on available resources, to provide essential rail
transportation facilities and services.

The complex problems with which the branch lines are now confronted are
a product of a series of events over the last decade. The problems began
with the neglect and eventual demise of the Penn Central Railroad. As this
company sank deeper into bankruptcy, maintenance of track and equipment
was undertaken on an emergency only basis. Service to customers became
deplorable with poor car availability, excessive transit time, and
frequent damage and loss. Confidence in the carrier became so low that
many of the branch line shippers either terminated or sharply curtailed
their volume of rail shipments. In most instances, the shippers converted
their operations to be served by trucks, in many cases, at additional cost.

As the final collapse of Penn Central approached, it became apparent
that thousands of miles of the Northeast's railroad network would be

3-3

abandoned, including several branch lines in Maryland. Congress
enacted the Regional Rail Reorganization Act of 1973. The Act provided
for federal assistance to light density rail lines in order to reduce
economic impact to communities which might otherwise lose rail service.
This Act created Conrail (Consolidated Rail Corporation) to operate the
bankrupt lines. The objective was to streamline the freight operation
of all the bankrupt lines and consolidate their operations. This Act
also created the United States Railxray Adn)inistration (USRA) . The USRA's
mandated duty was to prepare the Final System Plan, which was to rationalize
a new network out of the bankrupt lines. Under the plan, many of the Penn
Central branch lines in Maryland were either to be abandoned or made
eligible for subsidy to continue operation. At this point, the State,
local jurisdictions and the shippers along the affected lines began to
work together to preserve the rail service.

To meet the challenge of preserving the marginal lines left out of
the new Conrail system by the USRA's Final System Plan, the Maryland
Department of Transportation developed the State Rail Plan and formed
the State Railroad Administration. The State Rail Plan initially analyzed
the lines that were impacted by the Penn Central/Conrail reorganization.
The lines that had enough potential to justify continued operation and
those that could be abandoned without negative economic impact were
identified. Many of the lines that had enough volume and/or potential
to justify operation were not profitable for a number of reasons, including
track deterioration and poor scheduling. These lines are now subsidized.
Also identified were certain abandoned lines which were considered suitable
for preservation for potential future rail use. It is both of these grouDs
of identified lines that are the focus of this particular "Critical Areas"
class .

The State Railroad Administration has put high priority in continuing
freight service on existing lines where the service exerts a positive
economic benefit and offers a viable alternative to less energy efficient

3-4

modes. Priorities in capital improvements for light density freight
lines are for acquisition of leased lines to reduce annual operating
costs and provide a long-term commitment to rail service. All lines
have been rehabilitated to Class I (10 mph operations) conditions and
further upgrading to Class II (25 mph operations) will be limited to
selected lines where traffic warrants higher speeds. The feasibility
of instituting new freight service on abandoned lines will be carefully
analyzed to determine the potential viability of such service.

After September 30, 1981, the existing light density freight lines will
no longer be eligible for federal freight service continuation payments.
The Department of Transportation is recommending that the State continue
to support operations for State FY 1982. Funds have been requested to
subsidize 70% of the operating deficits with the remaining 30% funded
by the shippers on each line in the form of surcharges. Local govern-
ments will continue to contribute the local share (30%) for lease and
tax costs until the State completes its acquisition program. The State
has already assisted Cecil County in the purchase of the Octoraro Line
and is studying the feasibility of purchasing the other lines identified
as having current or future rail service potential. For the lines which
are currently being operated, it is believed to be cheaper for the
State to buy the lines than to continue to lease them. It is also felt
that purchase is the best way to preserve abandoned rail corridors for
future use. Funding beyond FY 1982 will be subject to annual budgetary
review and allocation restraints. Therefore, the extent of State support
for acquisition, rehabilitation and operations may change as economic
conditions change.

The shortage of funds is the most critical problem facing these branch
lines. Although one goal of the State's program is to maintain rail
service to communities where it is necessary and cost-effective for
economic development, the State's financial support is intended as a
short-term program to rehabilitate the lines and develop sufficient
traffic to allow eventual non-subsidized operation by the private sector.
For the long-term continuation of service on the subsidized lines, it

3-5

will be necessary to promote industrial, commercial and agricultural
development, particularly of a rail-dependent type, along the rail
corridors. Before these lines can reach self-sufficiency and become
private sector activities without subsidies. State agencies and local
jurisdictions with responsibilities for economic development must find
ways to increase rail traffic. The future viability of subsidized rail
branch lines is directly related to the growth of traffic. Without It,
the State may determine the line to be too expensive to operate and dis-
continue service. The new traffic generated by increased shipments from
existing businesses and the additional carloads realized from the location
of new enterprises along a line can provide the needed support for the rail
operation and lessen the financial burden on the State.

The State Railroad Administration is currently working with the Maryland
Department of Economic and Community Development, the local jurisdictions,
the shippers and the short line operators in attempting to establish
aggressive, long-range programs of industrial, commercial and agricultural
development which could increase the viability of essential rail services.
This program of economic development, along with the on-going programs
of rehabilitation and acquisition, has the potential to preserve and
enhance rail service on the critical rail branch lines, but the highest
degree of commitment and cooperation will be required of the parties
involved .

To support and further the aims of the State Railroad Administration's
rail preservation program, the "Critical Areas" program will use the
following policies for determining the merit of and implementing various
plans, programs, and projects which may Impact the "Critical Areas" rail
branch lines:

1. Encourage private sector solutions to rail problems.

2. Make full use of available federal, State, local and
private funds to support subsidy operations as an
Interim measure, while initiatives are undertaken

to upgrade rail lines and enhance service.

3-6

3. Seek additional funding from appropriate sources, as
fiscal circumstances allow. However, State general
obligation bonds should not be used to finance rail
property acquisition.

A. Encourage economic development at appropriate locations
along rail corridors to increase traffic and revenues.

5. Local governments and shippers, as the prime beneficiaries
of rail freight continuation programs, should provide a
share of the costs of the programs.

6. Give priority to the preservation of railroad rights-of-
way that are abandoned or may be abandoned to prevent the
loss of these resources if their importance or potential
can be demonstrated.

7. Those lines which become self-supporting should be offered
for sale by the State to the designated railroad operator
or other solvent operator, or alternatively, the railroad
operator should be required to pay a user fee to the State.

Table 2 is a summary of the most significant economic development programs
which can be utilized to promote new or enhance existing industrial and
commercial activities along the critical rail lines. The application of
one or a combination of these programs could produce the increased traffic
required to bring these rail branch lines to the point of profitability.
A more detailed discussion of these programs and others can be found in
Appendix B.

3-7

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3-10

III. AREA DESCRIPTIONS AND MAPS

3-11

OXFORD SECONDARY AND DENTON TRACK

CLASS: Protection and Enhancement SITE NUMBER: R 1 and R 2

of Rail Service

LOCATION: Oxford Secondary (R 1): From Easton, Talbot County, through

Cordova and Queen Anne in Talbot County, and Ridgely, Greensboro,
Goldsboro, Henderson and Marydel in Caroline County, to
Clayton, Delaware.

Denton Track (R 2): From Queen Anne to Denton, Caroline County.

AREA DESCRIPTION:

These rail lines traverse an area which is primarily rural and committed
to agricultural activities. The terrain is relatively flat with a
scattered population on farms or in small towns. The Clayton, Delaware
to Easton segment is 4A.7 miles in length of which 31.6 miles are within
Maryland. The Denton Branch extends 8.4 miles from Queen Anne. The lines
are operated by the Maryland and Delaware Railroad under agreement with
the Maryland Department of Transportation. The Maryland Department of
Transportation leases the lines from the Penn Central Corporation. The
Maryland and Delaware provides once a week service to all points on the
lines, including approximately 11 regular rail users. The ma.ior commodi-
ties are: fertilizer, chemicals, feed, field crops, lumber, canned and
frozen food, and pulpwood. Traffic on the lines for FY 1980 amounted to
677 carloads, of which 88% were inbound. Accelerated maintenance has
been completed to achieve Class I (10 mph) operations. The State of
Delaware is making a portion of its federal entitlement funds available
for operation of the Delaware portion of this line. Talbot and Caroline
Counties have executed agreements with the Maryland Department of Trans-
portation guaranteeing payment of a portion of lease and taxes for the
period thorugh June 1981.

OWNERSHIP PATTERN: Penn Central Corporation.

3-12

CURRENT PLANS MP ZONING:

The line begins at Easton in an area of mixed zoning, predominantly
industrial/commercial but with a small amount of residential. Moving
north it passes through an area of agricultural zoning and a large
industrial area at the intersection with Rte. 50. The agricultural
zoning continues to be the predominant type of zoning adjacent to the
line except within the towns of Cordova, Oueen Anne, Ridgely, Goldsboro,
Greensboro, and Marydel. In these incorporated communities, there is
a mixture of industrial/commercial zoning and some residential.

The branch line to Denton is located in an agricultural zone except in
the vicinity of Queen Anne, Hillsboro and Denton, where it is adjacent
to industrial/commercial zones. The industrial/commercial zones are
usually occupied by construction and agri-business companies.

CONTINUING PLANNING AND STUDIES:

The State Railroad Administration is currently negotiating the purchase

of the Oxford Secondary and Denton Branch from the Penn Central Corporation.

The Administration also provides yearly updates to the Maryland State
Rail Plan. This Plan contains detailed information concerning State rail
operations and the policies and efforts the State is utilizing to promote
rail transportation.

THREATS AND PROBLEMS;

Traffic has been declining but is expected to stabllze in FY 1981. This
is due to the relocation of the line's largest shipper to the Cambridge
line, and a general decline in business for other major industries located
on these lines. The decline of traffic has raised doubts about the
ability of these lines to become self-sufficient after 1981. The Federal
share (70%) of the operating subsidy ends after FY 1981. The State Railroad
Administration is planning to provide this portion of the subsidy to
continue operations. If increased traffic cannot be developed in the

3-13

next few years, the lines might be viewed as too expensive to justify
continued State investment.

MANAGEMENT :

1. The local jurisdictions should reevaluate their current zoning and
comprehensive plans to determine if the land use adjacent to the right-of-
way is consistent and compatible with future potential rail activities.

2. Further, the local jurisdictions should analyze the magnitude and
location of sites of undeveloped industrial/commercial zoning to
determine if too much land zoned in this category is located other
than adjacent to the rail line, or if insufficient amounts are located
adjacent to the rail line. Too large an amount of land planned and
zoned for industrial/commercial use, other than along the rail line,
will not help to enhance use of the rail line.

3. The local jurisdictions, in cooperation with State agencies, should
do whatever is possible to encourage existing local businesses to use
rail services.

4. The local jurisdictions and the State should do whatever is possible
to encourage new businesses of a rail use type to locate along the
right-of-way.

3-14

AREAS OF CRITICAL STATE CONCERN

Name oxford secondary ( north)

lOUnty CAROLINE

Acreage n/a Date Designated Jan.i98i

GD-

aCH A

3-15

SCALE IN MILES

Sheet _L of -i.

AREAS OF CRITICAL STATE CONCERN

Site Name oxford secondary (south) ri

County CAROLINE Acreage n/a Date Designated jan.i98i

MATCH A

3-16

Sheet _2. of -L

AREAS OF CRITICAL STATE CONCERN

te Name denton track

lUnty CAROLINE

Acreage n/a Date Designated Jan.iqsi

3-17

SCALE IN UILES

Sheet _L of J_

WESTERN MARYLAND-EAST SUBDIVISION

CLASS: Protection and Enhancement of Rail Service SITE NUMBER: R 3

LOCATION : From Westminster, Carroll County to Emory Grove,
Baltimore County

AREA DESCRIPTION:

This railroad line, once the mainline of the Western Maryland Railway,
and now owned by Chessie System, traverses a rural to suburbanizing area
in the rolling hills of the Central Maryland Piedmont. The line generally
follows the West Branch of the Pataosco River along most of its right-of-way,
and is subject to occasional severe flooding. Major portions of the
line are currently washed out as a result of Hurricane Eloise in 1974.
The length of the line between Westminster and Emory Grove is 13.3 miles
long. The segment without service due to the washouts, Westminster to
Cedarhurst, is 8.6 miles long. Before the storm damage, the railroad
provided regular, heavy through mainline service, as well as local service,
involving all types of commodities. Carroll County is in favor of
reopening the through service to promote its development.

OWNERSHIP PATTERN: Chessie System.

CURRENT PLANS AND ZONING:

Existing service on this line extends through the City of Westminster as
far as Hahn Road. Beginning at Hahn Road, the line is out of service and
is located in a general industrial district. After crossing Cranberry Road,
the line is primarily in an extensive conservation zone following the flood
plain at the West Branch of the Patapsco. Beyond the immediate corridor
of conservation zoning is a large transitional zone forming the growth area

3-18

around the City of Westminster. Shortly after crossing Gorsuch Road,
the line and conservation corridor leave the growth area and cross an
extensive agricultural district. Just north of the Village of Patapsco,
the line enters the Finksburg growth area characterized by the transitional
zone, although a conservation zone continues in a corridor along the flood-
plain and includes much of the right-of-way. The Finksburg area is
currently the subject of a Master Plan revision and comprehensive rezoning .
As presently proposed, a majority of the transitional zoning in the vicinity
of the right-of-way will be rezoned conservation. The rail line finally
passes through a general industrial zone in the vicinity of Md. 91 and then
back into a conservation zone near the Baltimore County boundary. Upon entering
Baltimore County, the line is in a large watershed protection zone from which
it passes into a large agriculture preservation zone. As the railroad
approaches the Emory Grove area, it passes additional agricultural zoning
and small areas of commercial and residential zoning.

CONTINUING PLANNING AND STUDIES:

The State Rail Administration undertakes a yearly update of the Maryland State
Rail Plan which contains detailed information concerning State rail operations
and the policies and efforts the State is utilizing to promote rail trans-
portation.

THREATS AND PROBLEMS:

The abandonment by Chessie seems inevitable, thus threatening loss of a
potential vital transportation link for both freight and commuters between
the Westminster area and the Baltimore City area. If the line is abandoned,
the right-of-way could revert to the adjacent property owners making reuse
of the line for rail operations difficult. The right-of-way would require
either public acquisition or some other acceptable preservation technique
at the time of abandonment to preserve the corridor for future use.

The main problem confronting reuse of this line is its location in the
floodplain of the West Branch of the Patapsco River and the potential for
future flood damage. Increases in stormwater runoff in the watershed caused
by development in this suburbanizing area needs to be mitigated.

3-19

MANAGEMENT :

1. Stricter enforcement of storinwater manaaiement measures to reduce the
threat of future washouts if line is restored.

2. The local jurisdictions, in cooperation with the State, must study the
need and feasibility of preserving the right-of-way by acquisition or some
other means for future rail operations.

3. The local jurisdictions should analyze any proposed zoning changes to
determine any potential negative impacts upon future rail use of the
right-of-way.

3-20

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3-21

AREAS OF CRITICAL STATE CONCERN

Site Name western Maryland- east subdivision (east) r3

County BALTIMORE Acreage n/a Date Designated jan.i98i

3-22

Sheet _2_ of -2_

OCTORARO SECONDARY

CLASS: Protection and Enhancement SITE NUMBER: R 4
of Rail Service

LOCATION: From Colora through Rising Sun in Cecil County to the
Pennsylvania State Line

AREA DESCRIPTION:

The Octoraro line is located in an area of northern Cecil County which
is characterized by rolling hilly topography and scattered small
communities. The landscape is dominated by agricultural activities
and woodlands. This line is 5.7 miles long in Maryland and has been
out of service for some time. It was washed out on its Pennsylvania
end in September 1971 and again by Hurricane Agnes in June of 1972.
Penn Central, the original owner, applied for authority to totally
abandon the line in Pennsylvania and Maryland. Local shippers and
community officials opposed and prevented the move to abandon, but were
unable to get the Penn Central to reopen the line. The railroad's
national problems were bringing it closer to bankruptcy and made the
possibility of restored freight service remote. With the end of Penn
Central, the United States Railroad Administration's Revised Final System
Plan conveyed the whole line, including the portion of the line in
Maryland to Conrail with subsequent acquisition by the Southeast
Pennsylvania Transportation Authority (SEPTA) utilizing an Urban Mass
Transit Administration loan. The State has given a grant to Cecil County
for 90% of the cost to buy the Maryland portion from SEPTA.

The Octoraro Railway was formed and started operating the line in
Pennsylvania in July 1979. It has authorization from the Interstate
Commerce Commission to operate to Colora, but the track is in need of
rehabilitation. No Maryland shippers are presently served but at least

3-23

four industries in Colora and Rising Sun have been identified by the
railroad as shippers who would use rail service if available. This
branch provides the only rail access to the former Bainbridge Naval
Training Station. Although declared surplus by the federal government,
the site has future industrial development potential. The Department
of Natural Resources' Power Plant Siting Program has also identified the
property for acquisition as a future power plant site. They are negotiating
a purchase price with the federal government,

OWNERSHIP PATTERN: Cecil County.

CURRENT PLANS AND ZONING;

This line passes through an area which is zoned predominantly agricultural.
Adjacent to the track in the communities of Colora and Rising Sun, and
near Rt. 1 at the Pennsylvania line are areas of industrial-commercial
zoning.

CONTINUING PLANNING AND STUDIES!

Cecil County has acquired this branch under a grant from the Department
of Transportation and is developing plans for future services.

The State Rail Administration annually updates the Maryland State Rail Plan,
which contains detailed Information concerning State rail operations and the
policies and efforts the State is utilizing to promote rail transportation.

THREATS AND PROBLEMS:

The lack of service on this line since 1971 represents a major obstacle
to developing new rail use customers at a level sufficient to offset the
cost of operation.

The condition of the track must be greatly improved before the Octoraro
Railway can operate over it.

Preservation of the right-of-way is no longer a problem with the purchase
of the line by Cecil County.

3-24

MANAGEMENT :

1. Develop traffic potential, particularly the Bainbridge property.

2. Rehabilitate the tracks to Class I standards.

3. Contract with Octoraro Railway to operate.

4. The local jurisdictions should reevaluate their current zoning and
comprehensive plans to determine if the land use adjacent to the
right-of-way is consistent and compatible with future potential rail
activities.

3-25

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3-26

CAMBRIDGE SECONDARY AND PRESTON INDUSTRIAL

CLASS: Protection and Enhancement of SITE NUMBER: R 5 and R 6

Rail Services

LOCATION :

Cambridge Secondary (R 5): From Cambridge, Dorchester County through
Hurlock in Dorchester County, and Federalsburg in Caroline County, to
Seaford, Delaware.

Preston Industrial (R 6): From Hurlock in Dorchester County, to Preston
in Caroline County.

AREA DESCRIPTIONS:

These lines traverse a generally rural area where agricultural activities
dominate. The terrain is low and flat. The lines are relatively level
and straight and connect several small towns with the City of Cambridge,
the major urban center in the area. The line from Cambridge to Seaford is
30.4 miles in length with 27.2 miles in Maryland. The Preston Track
extends 6.1 miles north from Hurlock. The Maryland and Delaware Railroad
operates the lines jointly under an agreement with the Maryland Department
of Transportation which leases them from the Pen Central Corporation.
Service is provided from Seaford four times a week to Cambridge and one time
a week to Preston. There are approximately 21 regular rail users along the
lines. In FY 1980, the lines generated 1,687 carloads of which 78 percent
were inbound. The major commodities moved on these lines are fertilizer,
chemical products, feed, canned or frozen foods, lumber, field crops and
paper. The entire line has been upgraded to FRA Class I (10 mph) Standards.
Additional contracts to rehabilitate the track from Seaford to Hurlock to
Class II (25 mph) are anticipated if coal traffic to the Vienna Power
Plant uses rail rather than barge. The branch line between Hurlock and the
Vienna plant is owned by the Delmarva Power and Light Company and connects with

3-27

the Cambridge Secondary at Hurlock. They will restore their track to the
extent necessary to accommodate equipment and coal deliveries.

Growth is possible with some plant expansions proposed. A large facility
for handling feed ingredients, a major rail shipper, located on the line
in FY 1980.

The State of Delaware is making a portion of its federal entitlement funds
available for operation of the Delaware Dortion of this line. Dorchester
and Caroline Counties have executed agreements with the Maryland Department
of Transportation to guarantee payment of a portion of lease and taxes
through June 1981.

OWNERSHIP PATTERN: Penn Central Corporation.

CURRENT PLANS AND ZONING:

The land along these lines excluding the areas within and immediately
adjacent to the incorporated towns of Federalsburg, East New Market,
Hurlock, Preston and Cambridge is zoned Agricultural/Residential (A-R)
to promote agricultural activities. The areas along the lines within and
adjacent to the incorporated communities and unincorporated settlement of
Linkwood contain a wide variety of residential, commercial, and industrial
zoning categories.

CONTINUING PLANNING AND STUDIES:

The State Railroad Administration is currently negotiating the purchase
of the Branch from the Penn Central Corporation.

The Administration also does yearly updates of the Maryland State Rail Plan
which contains detailed information concerning State rail operations and
the policies and efforts the State is utilizing to promote rail trans-
portation.

THREATS AND PROBLEMS:

The operation of the Cambridge and Preston lines in FY 1980 produced a
$118,000 deficit which was covered by the subsidy program. With the Federal

3-28

share (70%) of this subsidy ending after FY 1981, the State Railroad
Administration is planning to provide additional financial assistance in
order to keep the line operating. Considering the limitations placed upon
the State by competing demands on available funding resources, this line might
face abandonment if additional traffic is not generated. In the next few
years, the growth in traffic will have to reach a level where the line
can at least pay its own operating costs or the State may determine the
line to be too expensive to •'ustlfy continued State investment.

MANAGEMENT:

1. The local jurisdictions should reevaluate their current zoning and
comprehensive plans to determine if the land use adiacent to the right-of-
way is consistent and compatible with future potential rail activities.

2. Further, the local jurisdictions should analyze the magnitude and loca-
tion of sites of undeveloped industrial/commercial zoning to determine

if too much land zoned in this category is located other than adjacent

to the rail line, or if insufficient amounts are located adjacent to

the rail line. Too large an amount of land planned and zoned for industrial/

commercial use, other than along the rail line, will not help to enhance

use of the rail line.

3. The local jurisdictions, in cooperation with State agencies, should do
whatever is possible to encourage existing local business to use rail
services,

4. The local jurisdictions and the State should do whatever is possible

to encourage new industries and businesses to locate along the right-of-way.

3-29

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3-30

AREAS OF CRITICAL STATE CONCERN

>ite Name Cambridge secondary (east)

bounty CAROLINE Acreage n/a Date Designated jan.i98i

]"Vif-|-.m

MATCH A

AREAS OF CRITICAL STATE CONCERN

ite Name preston industrial

ounty DORCHESTER-CAROLINE Acreage n/a Date Designated jan.i98i

3-32

SCALE IN MILES

Sheet _L of _L

VIENNA TRACK

CLASS: Protection and Enhancement SITE NUMBER: R 7

of Rail Service

LOCATION: From Hurlock to Vienna, Dorchester County.

AREA DESCRIPTION:

This line traverses a region with flat terrain and dominated by
agricultural land and activities. There are only a few small scattered
communities, with the towns of Hurlock and Vienna the only significant
urban areas. No rail service has been provided on this 10.2 mile branch
for several years. There were only seven carloads generated in 1973
with service being provided approximately once a month. Delnarva Power
and Light acquired the right-of-way after it was abandoned because of
the lack of traffic. The power company might use the line to bring
equipment and extensive shipments of coal to a proposed 500 Megawatt
generating facility at Vienna.

OWNERSHIP PATTERN: Delmarva Power and Light.

CURRENT PLANS AND ZONING:

The land adjacent to this line is predominantly zoned Agricultural/
Residential (A-R) to promote agricultural activities. The incorporated
towns of Vienna and Hurlock have a mixture of residential, commercial and
industrial zoning along the track.

CONTINUING PLANNING AND STUDIES:

The State Rail Administration annually updates the Maryland State Rail Plan,
which contains detailed Information concerning State rail operations

3-33

and the policies and efforts the State is utilizing to promote rail
transportation.

THREATS AND PROBLEMS:

There seems to be no immediate threat to the continued existence of the
right-of-way while owned by Delmarva Power and Light and proposed for
eventual use by this company. However, there is a potential for negative
impact upon the future reuse of the line by the possible placement of
inappropriate development adjacent to the line.

MANAGEMENT:

1. The local jurisdictions must carefully study every land use and zoning
change to determine any potential negative impacts they might have upon
the future reuse of the right-of-way for rail activities. Any negative
impacts of a proposed development or zoning change will require mitigation
or the proposal should be disapproved as not being in the best interest of
the jurisdiction.

2. The State and local jurisdictions should support Delmarva Power and
Light's proposal to burn coal at their power plant.

3. The State and local jurisdictions should work with Delmarva Power and
Light to encourage the shipment of coal to their power plant by railroad
rather than barge.

3-34

AREAS OF CRITICAL STATE CONCERN

Site Name Vienna track

County DORCHESTER

Acreage n/a Date Designated Jan.iqsi

SCALE IN MILES

3-35

Sheet X of i

FREDERICK SECONDARY

CLASS : Protection and Enhancement SITE NUMBER: R 8

of Rail Service

LOCATION: From Frederick City, through Walkersville and Woodsboro
in Frederick County, and Kfeymar and Taney town in Carroll
County to Littlestown, Pennsylvania

AREA DESCRIPTION:

The Frederick Secondary Track extends north from Frederick City and
a connection with the Chessie System, through scattered rural communities
to an interchange with the Maryland and Pennsylvania Railroad in
Littlestown, Pennsylvania. The line generally follows Maryland Route 194
in a small limestone valley dominated by agricultural land. The total
length of the line from Frederick City to Littlestown is 30 miles of
which 27.9 miles are in Maryland.

The entire length of the line is not currently operated. Only two small
unconnected segments are under subsidy from the State - a 1.5 mile segment
on the south end in Frederick City and a 16.3 mile segment in the middle of
the line.

Chessie Operation - The portion of the Frederick Secondary Track from
the B&O interchange to 6th Street in Frederick is served by Chessie.
This is only 1.5 miles of the 3.8 miles that lie south of the washed out
Monocacy River Bridge. Chessie has operated this segment under an
Interstate Commerce Commission service directive since 1972 when the
bridge over the Monocacy River was washed out, precluding direct service
by the Penn Central Railroad. Chessie has continued to serve this segment

3-36

under a letter of understanding with the State since July 1976 when the
Interstate Coimnerce Commission directive expired. The Maryland Department
of Transportation leases the line from Penn Central Corporation and
pays taxes on the property. The line has showed steady traffic with a
potential for expansion of some industries. The impact of abandoning
this line could be quite severe for some local businesses. One major
shipper, the Clorox Company, has indicated that the abandonment of rail
service would severely impact its operation in Frederick. In FY 1979,
the line generated 103 carloads. The major commodities hauled included
chemicals, scrap, manufactured products and forest products. Chessie
services the line three times per week.

Maryland Midland Operation - The line from the washed out Monocacy River
Bridge to the Pennsylvania border was originally operated under subsidy
by the Maryland and Pennsylvania Railroad from April 1, 1976 to March 30,
1978, when service was terminated due to excessive operating deficits.
The Maryland Department of Transportation has since funded accelerated
maintenance on this line between Walkersville and Taneytown only, and
constructed a connection to the Western Maryland Railway at Keymar. An
operating agreement with the Maryland Midland Railway reinstituted service
in May 1980.

The Maryland Midland operates this 16.3 mile segment of the Frederick
Secondary north of the Monocacy River Bridge (total approximately 26 miles)
with two trips per week. Only five carloads were moved in the last months
of FY 1980 due to newness of the oneration. There were 153 carloads
generated in FY 1978, the last year of the Maryland and Pennsylvania Railroad
operation. Major commodities hauled include feed and grain mill products,
lumber and millwork, fertilizer, chemicals, and field crons.

Several shippers have projected modest growth potential with adequate
service levels, Carroll County is actively promoting economic development
in Taneytown along the rail line. Frederick and Carroll Counties have
executed agreements with the Department of Transportation to guarantee

3-37

a portion of lease and taxes through June 1981. They have further
agreed to pay up to $22 per carload in operating losses.

Ol^TNERSHIP PATTERN: Penn Central Corporation.

CURRENT PLANS AND ZONING:

The Frederick Secondary Track begins and passes through the heavily
developed eastern portions of the City of Frederick. The zoning in the
area is a mixture of industrial, coimnercial and residential. As the line
leaves the City and continues north, it oasses an area of mixed residential,
industrial and commercial zones before turning east through additional
agricultural land and entering Walkersville. In Walkersville, there is
the normal urban mix of industrial, commercial and residential zones.
After turning north and leaving Walkersville, the line passes through a
large area of agricultural zoning and then enters a mixture of industrial,
commercial and residential zones in the town of Woodsboro. Immediately
north of the town, the line passes through a large mining zone. Turning
east again at Le Gore, more agricultural land is encountered before entering
a mixture of agricultural and industrial zones in the New Midway-Ladiesburg
area.

Northeast of Ladiesburg, the line passes through a large area of agricul-
tural land and crosses the Little Pipe Creek into Carroll County. In
Carroll County, the line passes to the east of the Village of Keymar and
a small general business zone. From Keymar to Taneytown, the line is in a
large agricultural zone. In Taneytown, as well as in the immediate surround-
ing area, the rail line passes through various zoning districts. On the
west side of the City, the line passes through a small transitional zone
and a substantial restricted industrial zone. On the east side of town, the
line continues through a small general industrial zone and another small
transitional zone. Within the corporate limits, the line is bordered mainly
by a restricted industrial zone and a small residential zone. From Taneytown
to the Pennsylvania State line, the railroad is in a large agricultural zone.
The area covered by transitional zoning within Carroll County is scheduled
to be the subject of a Master Plan revision and comprehensive rezoning and

3-38

will eventually be replaced by other zoning classifications. The City
of Taney town is also planning to do a Master Plan revision.

CONTINUING PLANNING AND STUDIES:

The State Railroad Administration is currently negotiating the purchase

of the branch from the Penn Central Corporation.

The Administration also annually updates the Maryland State Rail Plan,
which contains detailed information concerning State rail operations and
the policies and efforts the State is utilizing to promote rail transpor-
tation.

Another study is underway to determine the cost-effectiveness of restoring
the Monocacy River Bridge which may provide additional traffic, for the
north end of the line, from potential and existing rail users.

THREATS AND PROBLEMS:

The continued operation of the southern portion of this line is not
threatened at this time. Chessie is realizing a small profit on the
operation and has indicated a desire to acquire the segment if the track
is rehabilitated.

The situation is quite different on the remaining portion of the line.
The current Maryland Midland operation is too new to make any growth
predictions making the future outlook very uncertain. With the Federal
share (70%) of the subsidy program ending after FY 1981, the State Railroad
Administration is planning to provide additional financial assistance
in order to keep the line operating. Considering the limitations placed
upon the State by competing demands on available funding resources, this
line might face abandonment if additional traffic is not generated. In
the next few years, the growth in traffic will have to reach a level where
the line can at least pay its own operating costs or the State may determine
the line to be too expensive to justify continued State investment.

3-39

There is an additional problem with the northern portion of the Frederick
Secondary. The ffaryland Midland operates only two-thirds of the line
north of the Monocacy Bridge. The two short portions of track at either
end of its operation will need to be preserved to allow for future
expansion of service. Expanded service might include connecting with the
Maryland and Pennsylvania at Littlestown, and with Frederick City, if the
Monocacy Bridge is determined to be economically feasible to restore.
Restoring the through route from Frederick to Littlestown or just to
Frederick would produce additional traffic for the Maryland Midland.

MANAGEMENT :

to the rail line, or if insufficient amounts are located adjacent to the
rail line. Too large an amount of land planned and zoned for industrial/
commercial use, other than along the rail line, will not help to enhance
use of the rail line.

3. The local jurisdictions, in cooperation with State agencies, should do
whatever is possible to encourage existing local business to use rail
services.

4. The local jurisdictions and the State should do whatever is possible
to encourage new businesses of a rail use type to locate along the right-
of-way.

5. The State Railroad Administration must determine the economic feasibility
of restoring the Monocacy River Bridge and take appropriate action.

3-40

AREAS OF CRITICAL STATE CONCERN

;ite Name Frederick secondary (north) rs

lOUnty CARROLL

Acreage n/a Date Designated jan.i98i

SCALE IN MILES

MATCH A

AREAS OF CRITICAL STATE CONCERN

ite Name Frederick secondary (south)

;ounty Frederick

Acreage n/a Date Designated Jan.i98i

MATCH A

SCALE IN MILES

3-42

Sheet J- of -?-

CENTREVILLE AND CHESTERTOWN SECONDARIES

CLASS: Protection and Enhancement SITE NUMBER: R 9 and R 10

of Rail Service

LOCATION: Centreville Secondary (R 9): From Centreville, Queen Anne's
County through Price, Barclay, Sudlersville in Queen Anne's
County and Milllngton and Massey in Kent County to Townsend,
Delaware

Chestertown Secondary (R 10): From Chestertown, Kent County
to Massey in Kent County

AREA DESCRIPTION:

These lines traverse a rural area which is relatively flat and dominated
by agricultural land and related activities. There are a few small
scattered towns with Chestertown and Centreville the only large urban
centers. The Centreville line to Townsend is 34.9 miles, of which 29.9
are in Maryland. The Chestertown line is 20.3 miles long. These branches
of the Delmarva Mainline, are jointly operated by the Maryland and Delaware
Railroad under an agreement with the Maryland Department of Transportation,
which leases the lines from the Penn Central Corporation. During
FY 1980, the lines generated 898 carloads of which 91% were inbound.
Service is provided twice a week to all points on the lines including
the 13 regular rail users located on the lines. Major commodities include
fertilizers, chemicals, feed, field crops, lumber, petroleum products,
farm machinery, paper, mlllwork, and beverages. Overall traffic has been
relatively stable, with increased usage occurring at some stations. The
State's rehabilitation program has been completed to Class I (10 raph)
standards.

The State of Delaware has designated the portion of the line within Delawa
for a continuation subsidy under its State Rail Plan. The federal share has

3-43

been obtained from Delaware entitlement funds. Oueen Anne's County

and Kent County have executed agreements with the Department to guarantee

a portion of lease and taxes through June 1981.

OWNERSHIP PATTERN: Penn Central Corporation.

CURRENT PLANS AND ZONING:

These lines pass through an area of predominantly agricultural zoning.
Along the lines at the various small communities they connect, Worton,
Lynch, Kennedyville, Massey, Price, Barclay, Suderlsville and Millington,
there are small areas of mixed industrial/commercial zones and some
residential. Within and adjacent to the corporate limits of the two large
towns on the lines, Centreville and Chestertown, there are larger areas
of industrial/commercial zoning and some residential zoning.

CONTINUING PLANNING AND STUDIES:

The State Rail Administration also prepares the annual update of the Maryland
State Rail Plan. This plan contains detailed information concerning State
rail operations and the policies and efforts the State is utilizing to promote
rail transportation.

THREATS AND PROBLEMS:

The operation of the Centreville and Chestertown lines in FY 1980 produced a
$264,100 deficit which was covered by the subsidy program. With the
Federal share (70%) of this subsidy ending after FY 1981, the State Railroad
Administration is planning to provide additional financial assistance in
order to keep the line operating. Considering the limitations placed upon
the State by competing demands on available funding resources, this line
might face abandonment if additional traffic is not generated. In the next
few years, the growth in traffic will have to reach a level where the
line can at least pay its own operating cost or the State may determine
the line to be too expensive to justify continued State investment.

The current lack of traffic growth and funding constraints has, in addition,
caused the original plan to upgrade the lines to Federal Railroad Administration

3-44

(FRA) Class II (25 mph) track standards to be deferred. The operator,
using the improved track, would have been able to serve each line (on
alternate days) up to three days per week with little or no overtirae
required. Service could have been much improved and at a lower cost to
the operator.

It is not clear how long the State and local jurisdictions will be
disposed to continue the subsidies if traffic doesn't continue to improve.
Therefore, the line's traffic must be increased or its future is uncertain.

MANAGEMENT :

1. The local jurisdictions should reevaluate their current zoning and
comprehensive plans to determine if the land use adjacent to the right-
of-way is consistent and compatible with future potential rail activities.

2. Further, the local jurisdictions should analyze the magnitude and location
of sites of undeveloped industrial/commercial zoning to determine if too

much land zoned in this category is located other than adjacent to the rail
line, or if insufficient amounts are located adjacent to the rail line.
Too large an amount of land planned and zoned for industrial/commercial use,
other than along the rail line, will not help to enhance use of the rail line.

3. The local jurisdictions, in cooperation with State agencies, should do
whatever is possible to encourage existing local business to use rail services.

4. The local jurisdictions and the State should do v/hatever is possible
to encourage new businesses of a rail use type to locate along the
right-of-way.

3-45

AREAS OF CRITICAL STATE CONCERN

Site Name centreville secondary (south) r9 ____^

County QUEEN anne's Acreage n/a Date Desipated jan.i98i

MATCH A

3-46

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3-47

CRISFIELD SECONDARY

CLASS: Protection and Enhancement SITE NUMBER: R 11
of Rail Service

LOCATION: From King's Creek to Crisfield, Somerset County,

AREA DESCRIPTION:

This line traverses an area of flat terrain which is dominated by
agricultural and forested land. There are only a few small communities
scattered along the 16.3 mile long line. The town of Crisfield is the
only significant urban area. No rail service has been provided on this
branch for several years. The line was allowed to be abandoned upon
the demise of the Penn Central. There were only 68 carloads generated
in 1973. Service at that time was limited to one trip per week to only
four regular rail users. Major commodities were fresh, canned and
frozen vegetables.

OWNERSHIP PATTERN: Penn Central Corporation.

CURRENT PLANS AND ZONING:

The area along the railroad from King's Creek to Crisfield is zoned
primarily agriculture with a mixture of zoning categories at the small
unincorporated settlements of Westover, Kingston, and Marion, and the
City of Crisfield. This mixture includes a wide variety of residential,
industrial and commercial categories. Crisfield has by far the largest
amounts of these three categories.

3-48

CONTINUING PLANNING AND STUDIES:

The State Rail Administration annually updates the >'!aryland State Rail Plan
which contains detailed information concerning State rail operations and the
policies and efforts the State is using to promote rail transportation.

THREATS AND PROBLEMS:

The line has been abandoned because of its lack of a sufficient volume of
business to support the line without a very large subsidy. The estimated
annual subsidy for the line was $340,000 in 1976, more than six times the
quantifiable impacts of abandoning service. Since service at this time
is not a viable option, the problem or threat concerning this line is the
need to preserve the right-of-way for future use. The right-of-way must
be kept from being broken up by sale to adjacent land owners and being
rezoned, and developed for other uses.

MANAGEMENT :

to the rail line, or if insufficient amounts are located adjacent to
the rail line. Too large an amount of land planned and zoned for
industrial/commercial use, other than along the rail line, will not help
to enhance use of the rail line.

3. The local jurisdictions, in cooperation with State agencies, should
do whatever is possible to encourage existing local business to use rail
services.

4. The local jurisdictions, in cooperation with State agencies, should
do whatever is possible to encourage new businesses of a rail use type
to locate along the right-of-way.

3-49

AREAS OF CRITICAL STATE CONCERN

lite Name crisfield secondary right-of-way rii

lounty SOMERSET Acreage n/a Date Designated Jan.i98i

3-50

Sheet J_ of -L

MARDELA TRACK (HEBRON BRANCH)

CLASS : Protection and Enhancement SITE NUMBER: R 12

of Rail Service

LOCATION : From Salisbury to Hebron, Wicomico County

AREA DESCRIPTION:

This rail line is a 4.2 mile branch off the Conrail Delmarva Peninsula
Mainline. It transverses a relatively flat area which is suburbanizing
due to the growth of the City of Salisbury. The branch was operated, until
recently, by Conrail under an agreement with the Maryland Department of
Transportation. Prior to the end of operation in April 1981, the four
regular rail users on the line received limited service on a schedule
alternating between one trip per week and two trips per week. The branch
generated 221 carloads in FY 1980, of which approximately 94 percent were
inbound. The major commodities moved on the lines are paperboard con-
tainers, fertilizer ingredients, feed ingredients and lumber.

However, by March 23, 1981, the State Railroad Administration had determined
that there was insufficient use of the line to warrant continued subsidy
and operation. The decision to terminate service was based on a poll of
the four shippers who use the line and an analysis of traffic and deficits.
During the 12 months ending January 31, 1981, traffic on the line totaled
116 carloads, 43 percent less than for the corresponding period of the
previous year. Shippers stated that they were unwilling to pay a $122 per
car surcharge, the local share (30 percent) of the operating deficit, to
continue service and that they would not be adversely impacted by its
termination. The total subsidy per carload at this low level of use was
estimated to be $407, a cost the shippers stated as not being competitive
with other forms of transportation, chiefly trucks.

3-51

OWNERSHIP PATTERNS: Penn Central Corporation

CURRENT PLANS AND ZONING:

The zoning along the railroad from Salisbury to Hebron is predominantly
industrial. There is a mixture o£ small residential zones scattered
along the line. There are, in addition, two commercial areas, located
adjacent to the railroad in the vicinity of U.S. Route 13 within the City
of Salisbury.

CONTINUING PLANNING AND STUDIES:

The State Rail Administration annually updates the Maryland State Rail
Plan, which contains detailed information concerning State rail operations
and the policies and efforts the State is utilizing to promote rail trans-
portation.

THREATS AND PROBLEMS:

The operation of the Salisbury to Hebron Branch in FY 1980 produced a
$36,000 deficit which was covered by a subsidy. This, coupled with the
increased costs and lower traffic level of the first six months of FY 1981
has brought about the termination of service by the State. Unless a new
commercial enterprise, with major rail use potential, is located along
the line, restoration of operation is not anticipated in the foreseeable
future. However, the preservation of the right-of-way for possible future
rail use must be addressed at this time.

MANAGEMENT:

1. The local jurisdictions should re-evaluate their current zoning and
comprehensive plans to determine if the land use adjacent to the right-of-
way is consistent and compatible with future potential rail activities.

2. Further, the local jurisdictions should analyze the magnitude and
location of sites of undeveloped industrial/commercial zoning to determine
if too much land in this category is located other than adjacent to the
rail line, or if insufficient amounts are located adjacent to the rail

3-52

line. Too large an amount of land planned and zoned for industrial/
commercial use, other than along the rail line, will not help to enhance
use of the rail line.

3. The local jurisdictions and the State should work together to do
whatever is possible to encourage new businesses of a rail user type to
locate along the right-of-way.

4. Since it has been determined that it is not economically feasible to
continue subsidies, State and local actions should be taken to assure
that the right-of-way remains intact in order to restore service when
needed or feasible.

3-53

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3-54

POCOMOKE SECONDARY

CLASS: Protection and Enhancement SITE NUMBER: R 13

of Rail Service

LOCATION: From Pocomoke City, Worcester County to Virginia State Line

AREA DESCRIPTION:

This line operates through an agricultural area which has little relief.
Pocomoke City is the only population center in the area. The line is
only 4.9 miles long in Maryland and is only a small portion of the 63.5
mile Delmarva mainline operated by the Virginia and Maryland Railroad
from Pocomoke City and south to Norfolk, Virginia, utilizing a carfloat
between Cape Charles and Little Creek, Virginia. The Virginia and Maryland
Railroad operates the line with a subsidy and by agreement with the
Accomack - Northampton Transportation District through which it passes
in Virginia. The District leases the line from the Penn Central Corpora-
tion. Maryland shares its federal entitlement funds with Virginia to help
subsidize the line. The route carried approximately 9,400 carloads in
FY 1979 of which 11% was through traffic, 26% destined for shippers in
Maryland and Delaware and the remaining traffic was for Virginia shippers.
This line is an alternative route used by trains with high and wide loads
to avoid clearance problems on the Northeast Corridor mainline. Approximately
68% of the line has been upgraded to FRA Class II (25 mph operations),
including the section in Maryland.

OWNERSHIP PATTERN: Penn Central Corporation.

CURRENT LOCAL PLANS AND ZONING:

The area along this line from Pocomoke City to the Virginia State Line is
predominantly zoned industrial and agricultural. Generally, the area

3-55

adjacent to the railroad on the east side is zoned industrial and the
area on the west side is classified as agricultural. The area through
which the line passes within the corporate limits of Pocomoke City is a
mixture of various zoning categories including general and light industrial,
general business, and R-1 and R-2 residential.

CONTINUING PLANNING AND STUDIES:

The Accomack and Northampton Transportation District is currently negotiating
for the purchase of the line from the Penn Central Corporation.

The State Rail Administration also annually updates the Maryland State Rail
Plan which contains detailed information concerning State rail operations and
the policies and efforts the State is utilizing to promote rail transportation.

THREATS AND PROBLEMS:

Continuation of this line is necessary in order to provide through ser-
vices to and from the Virginia portion of the Delmarva Peninsula, and to
and from the carfloat service from Little Creek, Virginia, to Cape Charles,
Virginia. Although no specific impact calculations have been made, it
generally has been agreed that through service along the mainline is valuable
because it provides maximum shipping flexibility to most of the shippers on
every branch line in both Maryland and Delaware. Also, the end of the carfloat
would leave the Peninsula with only one rail connection to the rest of the
country. This is a bridge across the Chesapeake and Delaware Canal, which
is subject to long periods of non-operation due to accidents. Therefore,
many shippers could suffer from the abandonment of the carfloat. There is
general consensus that through service is vital to the future economic
development of the entire Delmarva Peninsula. The problem with maintaining
this through route is the need to increase traffic to a level which will
allow economic operation by the Virginia and Maryland Railroad without sub-
sidy .

MANAGEMENT :

1. The local jurisdictions should reevaluate their current zoning and
comprehensive plans to determine if the land use adjacent to the right-of-way

3-56

is consistent and compatible with future potential rail activities.

2. The local jurisdictions, in cooperation with State agencies, should do
whatever is possible to encourage existing local business to use rail
services .

3. The local jurisdictions, and the State, should do whatever is possible
to encourage new industrial and commercial business to locate along the
right-of-way.

4. The Maryland Department of Transportation should continue to support
the Accomack-Northampton Transportation District in its efforts to improve
service on this line.

3-57

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3-58

SNOW HILL SECONDARY AND OCEAN CITY TRACK

CLASS: Protection and Enhancement SITE NUtlBER: R 14 and R 15
of Rail Service

LOCATION: Snow Hill Secondary (R 14): From Snow Hill, Worcester County,
through Berlin to Delaware State Line.

Ocean City Track (R 15): From Berlin to West Ocean City,
Worcester County.

AREA DESCRIPTION:

These lines traverse a very flat area of small scattered communities
surrounded by extensive agricultural lands. The line from Snow Hill to
the Delaware Line is 22.6 miles in length. The Ocean City Track extends
east 6.5 miles from Berlin. Conrail operates and owns the Snow Hill
Secondary. The Ocean City Track was ooerated by the Ocean City Western
Railroad but is currently abandoned. Conrail provides two weekly trips
to service customers on the Snow Hill line, which generated 2,700 carloads
in FY 1979. Major commodities include fertilizer, chemicals, feed and
lumber.

OWNERSHIP PATTERN: Conrail

CURRENT PLANS AND ZONING:

The area along the line from Snow Hill through Berlin to the Delaware
State line and the branch from Berlin to West Ocean City is zoned predom-
inantly agricultural. There is a mixture of industrial, commercial, and
residential zoning in the incorporated towns of Snow Hill, Berlin, and
West Ocean City and smaller amounts of the same mix in the unincorporated
towns of Newark, Showell, and Bishop.

3-59

CONTINUING PLANNING AND STUDIES:

Discussed briefly In the Maryland State Rail Plan.

THREATS AND PROBLEMS:

In the future, if traffic does not increase Conrail might decide to apply
to abandon the Snow Hill line rather than absorb increased deficits. The
local jurisdictions and the State need to work together with local and
potential rail users to Increase carloads on the line. Increased traffic
would make continued and improved service more attractive and financially
sound for Conrail.

The Ocean City line's right-of-way is in danger of loss if rail service
is not restored or the right-of-way preserved.

MANAGEMENT :

1. The local jurisdictions should reevaluate their current zoning and
comprehensive plansto determine if the land use adjacent to the right-
of-way is consistent and compatible X'jith future potential rail activities.

3. The local jurisdictions and the State should work with Conrail to do
whatever is possible to encourage existing local companies to use rail
services .

A. The local jurisdictions and the State, in cooperation with Conrail,
should do whatever is possible to encourage new businesses of a rail use
type to locate along the right-of-way.

3-60

5. The State Railroad Administration and the County should analyze the
need and the economic feasibility of preserving the Ocean City right-of-
way and take appropriate action.

3-61

AREAS OF CRITICAL STATE CONCERN

Site Name snow hill secondary (north) & ocean city track R14 R15

County WORCESTER Acreage n/a Date Designated jan.i98i

SCALE IN MILES

MATCH A

3-62

Sheet _L of -?-

AREAS OF CRITICAL STATE CONCERN

ite Name snow hill secondary (south) ri4

;OUnty WORCESTER

Acreage HIA Date Designated Jan.i98i

MATCH A

3-63

Sheet 2- of -2-

Chapter Four

SPECIAL AREAS

APPENDIX A: ^-JETLANDS MANAGEMENT PROGRAMS
INVENTORY AND DESCRIPTION

I. STATE PROGRAMS

State management of designated tidal and non-tidal wetlands will depend
on existing statutes and regulations to control potential direct and
indirect impacts. The State's management of wetlands takes the form of
planning, standard setting, regulation and enforcement, grant and capital
programming, technical assistance, and intergovernmental cooperation. The
various legal authorities discussed below are organized by major program
subjects. They are summarized in Table 1, in Chapter One of the Designation
Report. The major program areas include: A. Wetlands Management; B. Water-
shed and Flood Control Management; C. Water Quality and Water Supply
Management; D. Solid and Hazardous Waste Management; E. Air Quality and
Noise Control Management; F. Fisheries and Wildlife Management; G. Recrea-
tion, Open Space and Heritage Conservation; H. Coastal Zone Management;
I. Research; J. Intergovernmental Coordination; K. State Planning; and
L. Miscellaneous.

A. Program: WETLANDS MANAGEMENT

Agency: Department of Natural Resources: Water Resources Administra-
tion

1. Tidal Wetlands: The State's Tidal Wetland 's Act of 1970 established the
State policy to preserve its tidal wetlands and to prevent their despoi-
liation and destruction. To carry out this policy, the Act divided the
State's wetlands into two types — State wetlands and private wetlands —
and presented a management program for each. State wetlands are defined
as "all land under the navigable waters of the State below the mean high
tide, which is affected by regular rise and fall of the tide." Private
wetlands are "all lands not considered State wetlands bordering on or
lying beneath tidal waters, which are subject to regular or periodic
tidal action and which support aquatic growth." The Act makes it unlaw-
ful to dredge or fill on State wetlands unless a license to do so has
been issued by the State Board of Public Works. The Board bases its
decision on recommendations from the Wetlands Permit Division of the
Water Resources Administration. Regulation of activities in private
wetlands is achieved through a permit system of the Wetlands Permit
Division.

A-1

2. Chesapeake Bay Dredging: This provision prohibits overboard disposal
of dredged soil from Baltimore Harbor anywhere but within Baltimore
Harbor, to prevent contamination of the cleaner portions of the Bay.

3. Non-Tidal Wetlands: The State does not have a specific program

to regulate non-tidal wetlands, although certain State programs provide
reasonably effective tools for managing these areas, particularly the
approximately 90 percent of non-tidal wetlands that are in the flood-
plain. These programs are discussed in the next Section, "Watershed and
Flood Control Management."

B. Program: WATERSHED AND FLOOD CONTROL MANAGEMENT

Agency: Department of Natural Resources: Water Resources Administra-
tion

1. Waters of the State Definition: These regulations, under this program
are predicated upon the definition of "Waters of the State," as follows:

Surface and underground waters within the boundaries of the
State subject to its jurisdiction, including that portion
of the Atlantic Ocean within the boundaries of the State,
the Chesapeake Bay and its tributaries, and all ponds, lakes,
rivers, streams, public ditches, tax ditches, and public
drainage systems within the State, other than those designed
and used to collect, convey, or dispose of sanitary sewage.
The floodplain of free-flowing waters determined by the
Department on the basis of the 100-year flood frequency is
included as waters of the State.

2. Waterway Construction and Obstruction Permits: These permits provide
the most effective resource management and regulation vehicle presently
available to protect non-tidal wetlands. There are several elements

to the program as authorized under the law: 1) A Waterway Construction
Permit is required before construction can begin in or along a non-
tidal stream or before any construction may take place that changes the
course, current or cross-section of that stream or its 100-year flood-
plain; 2) A Waterway Obstruction Permit is required before construction
can begin on dams, reservoirs, or small ponds except as the latter is
exempted as noted below. There are two circumstances, however, where
the preceding permit authorities are not applicable to non-tidal wet-
lands :

1. If the non-tidal wetland is not within the 100-year floodplain,
requirements for a State Waterway Construction or Obstruction
Permit cannot be applied under existing statutory authority of
Natural Resources Article §8-808.

2. Rules and regulations governing construction in non-tidal waters
and floodplains currently exempt agricultural drainage systems
affecting the course, current or cross-section of waters of the
State having 400 acres or less of upstream drainage area; and
activities affecting trout streams with less than 100 acres of
upstream drainage area.

A-2

CHAPTER FOUR: SPECIAL AREAS

DEFINITION

These areas do not fit into the current generic classes selected
for designating areas. Nevertheless, it was felt that they were
of sufficient importance to be designated at this time. They may
be incorporated into a future generic class. Note, however,
that the wetlands of the Pocomoke River are referenced under the
Tidal and Non-Tidal Wetlands class areas. The map on page 3-2
in Chapter Three shows the general location of these Special Areas.

4-1

II. AREA DESCRIPTIONS AND MAPS

4-2

POCOMOKE RIVER

CLASS: Special Area SITE NUMBER: SA 1 (TN 14)

LOCATION:

The Pocomoke River is located in the lower eastern shore in Somerset,
Worcester, and Wicomico Counties, as it flows 54 miles in Maryland from
the Delaware State Line to Pocomoke Sound and the Chesapeake Bay.

AREA DESCRIPTION:

The Pocomoke River designation includes the River from bank to bank and
all those lands immediately adjacent thereto which are classified as muck,
muck and peat, swamp, mixed alluvial, and tidal marsh in the Soil Surveys
prepared for Somerset, Wicomico and Worcester Counties by the U. S. Soil
Conservation Service. This designation does not extend beyond a point one-
half C-i) mile from the junction of any tributary with the banks of the
Pocomoke River. The designated area within the corporate limits of Snow
Hill and Pocomoke City are those lands shown as the 100-year floodplain as
identified on the Flood Insurance Rate Maps effective May 15, 1980 and Septem-
ber 3, 1980 respectively.

The Pocomoke River is a major tributary of the Chesapeake Bay which begins
in the Great Cypress Swamp several miles north of the Marvland-Delaware
State Line and meanders southward for 54 miles in Maryland before emptying
into the Pocomoke Sound. This officially designated State "Scenic River"
winds its way through forests, farmlands, towns, wetlands, and cypress swamps;
all of which determine its multi-purpose uses and its scenic and picturesque
nature.

4-3

Bald Cypress swamps, the northernmost along the Atlantic Coast, and other
wet areas border the entire length of the Pocomoke. The river and these
swamps provide the meeting ground for major southern and northern plant
species - a fact that, in itself, makes the river unique. The dense,
wooded shoreline and the lack of a definite bank in most areas characterizes
the river providing a beautiful setting. Most of the Pocomoke is inaccessible
because of the jungle-like community of plants in the forest swamps.

Fish and wildlife abound in the treasured habitat of the Pocomoke. The en-
dangered Bryant Fox Squirrel (commonly known as the Delmarva Fox Squirrel) ,
deer, wood ducks and other waterfowl are all found in the area. The Lower
Pocomoke, which is brackish as far upstream as Pocomoke City, is rich in
shellfish propagation and harvesting areas and in fish and other aquatic life
propagation areas. Excellent fishing and hunting areas also exist above
Pocomoke City.

As befitting a river of such length, the Pocomoke has three different
characters. From the Pocomoke Sound to a point above Whiton's Crossing,
the river is tidal - a distance of 41 miles. Between Porter's and T«Jhiton's
Crossings, the river becomes a small, meandering stream surrounded by thick
forests and brush with numerous clusters of relatively undisturbed cypress
trees in swampy areas. A "debris dam" is located approximately Ih miles
south of Whiton's Crossing near the Wicomico-Worcester County Line. The por-
tion of the River between the "debris dam" and the Delaware State Line,
approximately 14.4 miles, has undergone channel modification.

The Pocomoke, an interstate watershed, drains 310,000 acres of land on the
Delmarva Peninsula in Delaware, Maryland and Virginia. There are five coun-
ties in the Basin including three in Maryland, one in Delaware, and one in
Virginia. The three Maryland counties contain 92 percent of the area within
the Basin with Worcester having the largest portion with 210,000 acres, or
68 percent of the total watershed.

Of the total 310,000 acres in the Basin, there are approximately 88,700
acres of cropland, 31,300 acres of pastureland, 173,300 acres of forest
land, 3,600 acres of water, and 13,100 acres of rural-residential and

4-4

commercial areas. The Soil Conservation Service estimates that drainage is
needed on 44,300 acres of the total cropland acreage. The Basin is also
estimated to have 20,900 acres of interior wooded wetland.

Agriculture accounts for the largest portion of the total land use in the
Basin. Principal field crops are corn and soybeans with some high value
truck crops. Cash grain and poultry production are the two major farm
types, representing over 80 percent of all farms. Forest lands are of three
cover types: loblolly pine, bottomland hardwoods, and mixed oak pine.

Two municipalities border the main stem of the River - Snow Hill and Pocomoke
City. The City of Salisbury, a major employment area, lies to the west of
the Basin in Wicomico County; and Ocean City which attracts thousands of
visitors lies to the east on the Atlantic Shore.

OWNERSHIP PATTERN:

Land along the Pocomoke River is in multiple ownership with most of the area
held by private owners.

The State of Maryland is a major land owner in the Pocomoke Watershed with

over 13,500 acres in the Pocomoke State Forest and the Cypress Forest and

Swamp below Pocomoke City. Of this amount, 12,250 acres are in the Pocomoke State

Forest located between Pocomoke City and Snow Hill on both sides of the River.

Some of this State-owned land is within the designated area.

Both Pocomoke City and Snow Hill own small segments of the waterfront within
the town limits. These areas are used for boat ramps, parks, and waterfront
and open space.

CURRENT PLANS AND ZONING:

Lands adjacent to the Pocomoke are within 26 different zoning districts in
the three counties and the towns of Pocomoke City and Snow Hill. There is
little uniformity in uses, standards, or approaches for developing zoning
categories which would recognize the unique attributes of the River.
Lands adjacent to the River in Worcester County are zoned "conservation".
A "conservation" zone has been recommended for Wicomico County in its 1978
Comprehensive Plan.

4-5

Pocomoke City and Snow Hill have the only sewerage treatment plants adjacent
to the River. Near the limits of the existing towns, most of the land is
envisioned to be served by sewer systems. Willards, situated in Wicomico
County's portion of the River Basin, has a sewer system and Pittsville is
currently planning a system. Any development that occurs outside of these
central system areas must depend on individual systems, regulated by the
Health Department.

Flood insurance studies developed by HUD have been prepared for the Snow
Hill and Pocomoke City segments of the River. Both municipalities as well
as Worcester County have approved Flood Insurance Programs,

CONTINUING PLANNING AND STUDIES:

The Soil Conservation Service of the U. S. Department of Agriculture is
currently conducting a special Pocomoke River Study to complement previous
river basin studies. This effort will develop a plan for managing the flows
and water levels of the river.

The Maryland Water Resources Administration has prepared a water quality
management plan for the river basin. The plan is intended to provide overall
direction and long-term policy guidance to federal, State and local efforts
to attain water quality standards and to preserve waters of high quality in
the Basin.

The Soil Conservation Service, the Maryland State Legislature and the U. S.
Army Corps of Engineers, local government agencies, and private individuals
and associations have studied or initiated numerous flood control, drainage
and channelization projects for the Pocomoke River and its tributaries since
1840. Several projects are under construction, being studied, or in various
stages of activity.

In 1970, the Pocomoke River was identified as a Scenic River by the State'
Scenic River Task Force. Formal Scenic Rivers status was achieved in 1971
through an act of the Legislature. A specific plan is now being prenared
by the Department of Natural Resources, in conjunction with the preparation

4-6

of a river basin plan by the U. S. Department of Agriculture, Soil Conservation
Service.

In the 1980 Session of the Legislature, two large areas of land adjacent to
the Pocomoke River were designated as wildlands. These include the 1,429 acre
State-owned Cypress Swamp below Pocomoke City and 1,295 acres in three tracts
of State-oxjned land located between Snow Hill and Pocomoke City in the Pocomoke
State Forest.

The swamps adjacent to the Pocomoke in all three counties have been recommended
as potential nominations to the National Natural Landmarks Program sponsored
by the U. S. Department of Interior, Heritage Conservation and Recreation Ser-
vice.

The River has been identified by the Department of Interior as a potential
Recreation River under the provisions of Public Law 90-542, the National
Wild and Scenic Rivers Act.

THREATS AND PROBLEMS:

The Pocomoke enjoys high water quality except for areas around Pocomoke City
and Snow Hill where pollution exists. However, these two communities are
in the process of improving their sewage treatment plants. Drainage, channeli-
zation, major land clearing activities and land filling pose serious threats to
the Pocomoke.

The popularity of boating, fishing, and other water-oriented recreation
activities on the Pocomoke indicates the great potential offered by the River.
Pressures of increased public use on the Pocomoke represent a threat to the in-
herent resources which must be protected. Some tributary streams have been
channelized for agricultural drainage, while other streams and the River itself
are under consideration for channelization to promote drainage and navigation.

The Pocomoke is a classic case where the solution to one problem, for example,
channelization to aid drainage to increase agricultural production, presents
threats to the River's natural characteristics. For this reason, considerable

4-7

care must be exercised with the primary focus of preventing deterioration of
the features that make the Pocomoke River an Area of Critical State Concern.

MANAGEMENT :

Development pressures are increasing throughout the Basin and are primarily
influenced by the growth of Salisbury and Ocean City. There is no current
policy or plan which incorporates the needs of the tri-county area into a
comprehensive, coordinated policy oriented to the River,

Zoning provisions vary widely between the three counties for those districts
encompassing the Pocomoke River and adjoining land areas.

Flood Insurance studies to investigate the existence and severity of flood
hazards in the Towns of Snow Hill, Pocomoke City and Worcester County are
completed. Their purpose was to aid in the administration of the National
Flood Insurance Act of 1973. This information was used to convert Snow
Hill, Pocomoke City, and Worcester County to the regular program of flood
insurance of the Federal Insurance Administration (FIA) , Further use of
the information should be made by local. State and regional planners in their
efforts to promote sound land use nolicies and floodplain protection. Work
is underway to complete the Flood Insurance studies for Somerset and Wicomico
Counties.

The work to fulfill the provisions of the Scenic Rivers Act should be expe-
dited in order to provide a planning framework for maintaining the River's
character.

Studies and programs for management of the Pocomoke River should recognize
and address the economic, environmental and recreational needs and interests
of those immediately affected as well as the interest of local jurisdictions
and the State at large.

4-8

AREAS OF CRITICAL STATE CONCERN

te Name POCOMOKE river -SA1,TN14
. SOMERSET, WORCESTER

JUnty & wir.OMirn

Acreage _J8,7oo Date Designated jan.i98i

SUM

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"designated Critical Area I
Scale : 1 inch = 1 mile

4-9

Sheet _L of J-

AREAS OF CRITICAL STATE CONCERN

Site Name pocomoke river •sai,tni4

rt ^ SOMERSET, WORCESTER . .„ ,«« n * n • * j ....-««.

County & WICOMICO Acreage 18,700 Date Designated jan.i98i

Match B

« ^<.^-^'"><^- Designated Critical Area

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4-10

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4-11

AREAS OF CRITICAL STATE CONCERN

ite Name pocomoke river •sai,tni4

SOMERSET, WORCESTER , „« r» x .. • . ■

ounty & wicQMiix> Acreage iS'^oo Date Designated jan.i98i

Match D

Match C

4-12

Sheet J_ of J-

AREAS OF CRITICAL STATE CONCERN

te Name POCOMOKE river -SA1,TN14

SOMERSET, WORCESTER . « x « • x j

)unty & wicoMi_cfl Acreage isjoo Date Designated jan.i98i

esignated Critical Area f
cole : 1 inch = 1 mile

4-13

Match D

Sheet _5_ of -^

SALISBURY PALEOCHANNEL

CLASS: Special Area SITE NUMBER: SA 2

LOCATION:

The known limits of the Paleochannel generally extend from northwestern
Wicomico County in the vicinity of Mardela Springs in an east-southeastward
direction to an area two miles northeast of the City of Salisbury in the
vicinity of U. S. Route 13 and Naylor Mill Road. A portion of the channel
also extends northward along U. S. Route 13 for approximately 2% miles.

AREA DESCRIPTION:

The Salisbury Paleochannel is an ancient, buried river channel which re-
presents one of the most potentially prolific sources of ground water in
the Atlantic Coastal Plain. This relatively untapped aquifer was discovered
in 1963 by investigators from the U. S. Geological Survey and the Maryland
Geological Survey during a cooperative study of the water resources of the
Salisbury area. Basically, the Paleochannel is a thick, trough-like
accumulation of water-saturated sand and gravel that was deposited by an
ancient river over 100,000 to 130,000 years ago. The known length of the
channel measures more than 20 miles and ranges in depth from 80 to 200 feet
below ground level. The width of this aquifer varies from one to two miles
in the western and northwestern portions of Wicomico County to one-third
of a mile where it crosses branches of the Wicomico River north of Johnson's
Pond.

The deposits of the channel offer up to twice the drawdown available in
adjacent deposits outside the channel, therefore, requiring fewer wells to

4-14

yield equal quantities of water. A test well, constructed in 1972 to evaluate
the groundwater potential, produced water at a rate of 4,000 gallons per
minute or approximately 5 million gallons per day. The chemical quality of
the water is satisfactory for most uses with little or no treatment. On
the basis of the results of this testing program, the City of Salisbury
established a new well and water treatment facility along the south side of
Naylor Mill Road which roughly doubled the City's water supply capabilities.

The land area above the Paleochannel is marked by a variety of uses from
urban development near Salisbury to agriculture and forests in the rural
portions of Wicomico County. In addition to considerable active farmland,
there is commercial, utility, industrial, and residential development at
varying densities and of several types. The area is crossed by major highways
and railroads.

OWNERSHIP PATTERNS:

The land area above the Paleochannel is in multiple private and public owner-
ship. There are a few major parcels held by the owners of the Northwood
Industrial Park, a public utility, the City of Salisbury and Wicomico County.
For the most part, however, the area is ovmed by a large number of individual
land holders.

CURRENT PLANS AND ZONING:

A relatively small portion of the total "known limits" lies within the
corporate limits of the City of Salisbury and is currently zoned Light
Industrial and Industrial Park. The majority of the land within the designated
boundaries of the Paleochannel lies in the rural areas of Wicomico County
between Salisbury and Vienna and is zoned Agricultural-Rural-Residential. In
addition, there are a number of different zoning categories in the areas of
the County immediately adjacent to the corporate limits of Salisbury and
along the U. S. Route 13 Corridor to the vicinity of the Town of Delmar
including: Commercial, Industrial, Light Industrial, Institutional, and
Select Industrial, Residential (R-20) , and Residential (R-15) . Most of these

4-15

zoning categories require administrative review through a Special Exception
procedure for commercial and industrial development. There are no special
zoning provisions to protect the Paleochannel from incompatible land uses
in either the City or County zoning ordinances.

The City of Salisbury provides water and sewerage service to the areas within
the Industrial Park District. The Wicomico County Comprehensive Water and
Sewerage Plan indicates that the remainder of the area within the corporate
limits is currently served by existing systems or planned to be served by
the extension of existing systems. The commercially zoned area along U. S.
Route 13 to the Naylor Mill Road area is designated in the County Water
and Sewerage Plan to be given immediate priority for provision of new
water and sewerage systems. The majority of the area within the "known
limits" of the Paleochannel aquifer is in the rural portion of Wicomico
County and is not planned to receive service within the 10-year period.

CONTINUING PLANNING AND STUDIES:

The course of the Paleochannel beyond its known limits is currently being
investigated by the Maryland Geological Survey. This investigation into
the hydrology of the Paleochannel aquifer was initiated in July, 1979
through the cooperation of the Maryland Geological Survey, the Tidewater
Administration of the Department of Natural Resources, and the U. S. Geological
Survey. The purpose of this study effort is to provide data on the distribu-
tion and production capacity of the Paleochannel and related aquifers and also
to determine whether the Paleochannel has been affected by any ground level
contamination. A peninsula-wide definition of this water resource is
essential for future planning to meet the industrial, municipal and agricultural
water supply needs of the Delmarva area and to protect it from contamination.

THREATS /PROBLEMS :

Since the Salisbury Paleochannel is one of the most productive sources of
groundwater in the Atlantic Coastal Plain, it is essential to carefully
protect as well as prudently develop this critical resource. The quality

4-16

and quantity of the water resources of the Paleochannel are threatened
by potential contamination and overuse.

Due to its inherent characteristics and location, the Paleochannel is a
fragile underground resource which is highly susceptible to contamination.
In many areas, the aquifer lacks a protective, confining layer or soil and
its recharge areas are unknown. Thus, present as well as potential leachate
pollution sources, such as sanitary landfills, dredged material disposal sites,
fly ash disposal or storage sites and sewerage lagoons must be carefully
monitored or guarded against. Any long term seepage or any type of major
spill of hazardous substances could result in the wide-spread contamination
of this valuable water supply.

A ootential leachate pollution source, which requires special attention,
although it appears to be located just outside the "known limits" of the
Paleochannel aquifer, is the Blackwater Sanitary Landfill. This landfill,
which is located in an abandoned borrow pit adjacent to the Delaware State
Line on Waller Road, is the second most heavily used solid waste disposal
area in Wicomico County and includes a large trench area for septic waste
disposal.

Another potential contamination problem is the possibility of saltwater
intrusion. According to a U. S. Congressional study of water resources of
the Delmarva Peninsula, the Paleochannel is particularly vulnerable in areas
adjacent to the brackish waters of the Choptank and Nanticoke Rivers.
Detailed investigations are needed in these areas to determine allowable
pumpage and well spacings in order to reduce the replacement of fresh water
pumped from the aquifer by saltwater.

Although the Salisbury Paleochannel has the potential to meet the future
water demands of Wicomico County and other communities, the overdevelopment
of this aquifer could have a serious effect on its future public use. The
most significant users of the water resources of the Paleochannel aquifer,
other than the City of Salisbury, are the existing Delmarva Power Company
Southern Division Headquarters, and the agricultural industry. In 1977

4-17

during peak usage, it was estimated that over 26 million gallons per day
were drawn from stream and groundwater sources for irrigation use by farms
in the six Lower Eastern Shore counties. Predictions indicate that this
amount will increase in the future as farmers employ intensive farming methods
which use large amounts of water. Although current rates of withdrawal and
existing land uses have not yet apparently reduced the quantity or affected
the quality of water in the aquifer, it is essential to carefully monitor
the water demands to assure that the water supply capabilities of the
aquifer are not exceeded.

MANAGEMENT:

The management of the area above the known limits of the Paleochannel aquifer
involves the State of Maryland, Wicomico County, and the City of Salisbury.
There is a need for a stronger comprehensive and coordinated development plan
which reflects the importance of the Paleochannel,

Special zoning provisions should be prepared and incorporated in the City
of Salisbury's Zoning Ordinance and the Wicomico County Zoning Code to
protect the Paleochannel from contamination by the location of incompatible
land uses in the area above its known limits.

There is need for a coordinated water resource management system to prevent
the over-appropriation of water from the Paleochannel aquifer. A comprehen-
sive monitoring system is needed to provide data regarding the collective
withdrawals from the aquifer and permit the evaluation of each proposed use
as to its potential impact on the aquifer.

This designation relates to the current "known limits" of the Paleochannel.
As research and exploration permit the further delineation of the remainder
of the Paleochannel and greater understanding of the hydrology, capabilities,
and limitations of the Paleochannel, the Critical Area designation will be
revised .

4-18

Local governmental jurisdictions should be notified of applications pending
before State agencies that may affect the Paleochannel prior to taking
action on or approving such applications.

4-19

AREAS OF CRITICAL STATE CONCERN

)ite Name Salisbury paleochannel -sa2

bounty WICOMICO Acreage _i5,oop Date Designated jan.i98i

4-20

Sheet J_ of -2_

AREAS OF CRITICAL STATE CONCERN

Site Name Salisbury paleochannel-sa2

County WICOMICO Acreage 15,000 Date Designated jan.i98i

4-21

Sheet J_ of -2.

Appendix A

Flood Control and Watershed Management Act and Grant Program: Requires
the Water Resources Administration to designate flood hazard areas.
Local governments must prepare comprehensive watershed management plans
with the purpose of regulating flood hazard areas and otherwise
managing storrawater. The State must approve these plans where they are
for interjurisdictional watersheds or where a jurisdiction wishes to
apply for a State grant for program implementation. The State may
authorize bond funds to provide grants of up to 50 percent of the cost
of a capital project to help implement these plans. The watershed
plans should include provision for protecting and properly managing
wetlands .

Sediment Control Program: Control of sedimentation is one of the most
significant wetland protection measures. The State approves and
periodically reviews the sediment control programs used by counties in
cooperation with soil conservation districts and oversees sediment
control in State projects. The counties, in concert with local soil
conservation districts, must issue permits before any land clearing
construction, or development may begin. Agricultural activities are
exempted from this program, however. There are special sediment control
laws for the Patuxent and Severn Rivers.

Mining Permits: The Department of Natural Resources regulates surface
and deep mining of coal and surface mining of other mineral resources
in order to minimize environmental impact. Since commercial deposits,
particularly of non-coal minerals, are likely to be situated in or
near wetland sites, this State program is important to the protection of
wetlands when mining actions are proposed in or near them.

Small Watershed Program: This is principally a Federal planning and
construction program administered by the U.S. Department of Agricul-
ture. While reference to it under State law is limited to cost-sharing
authorization, the State and local governments participate extensively
in the planning phases of a project, and federally qualified projects
cannot be built without non-federal participation. The program has
potential to both greatly benefit and greatly damage wetlands. The
program may assist farmers to install soil conservation measures there-
by reducing erosion. The program can also result in the construction
of channelization projects for draining wetlands for agricultural use,
as well as the construction of dams, levees and other works for flood
control, water supply or various other purposes.

Flood Insurance Program: This is also a Federal program that is coor-
dinated by the State. In order for individuals in communities to
qualify for Federally subsidized flood insurance, the community must
adopt appropriate land use controls for the 100-year flood plain. The
program is somewhat, but not entirely, effective in limiting inappro-
priate development in flood plains, which include all tidal wetlands
and about 90 percent of non-tidal wetlands. To the extent this program
achieves its purposes, it contributes to the protection of wetlands.

Erosion Control Program: The State Erosion Control Program provides
interest free loans to individuals or local governments to construct
measures to prevent or reduce erosion. The program has only been used

A-3

for tidal erosion areas. As with the small watershed program, the
impact of erosion control activities can either benefit or damage
wetlands depending on how and where measures are constructed.

C. Program: WATER QUALITY AND WATER SUPPLY MANAGEMENT:

Agencies: Department of Health and Mental Hygiene: Office of Environ-
mental Programs, Local Health Offices; Department of
Natural Resources: Water Resources Administration, Maryland
Environmental Services

1. County Water and Sewerage Plans: All counties are required to develop
a county plan demonstrating how present and anticipated water supply
and sewerage needs can best be met in a manner consistent with the
use and enhancement of Maryland's water quality.

A major plan objective is to guide Maryland's water supply-sewerage
system development in a manner consistent with and supportive of
State and local growth patterns and development objectives. No commu-
nity water supply or sewerage treatment system or individual water
supply or sewerage treatment system may be expanded unless these faci-
lities are in accord with the county plan, and unless there is adequate
system capacity to handle the expansion.

These plans are extremely important in that they show the staging of
expansion of seweage treatment and water supply systems, without which
intensive development cannot occur. They are useful for estimating land
use changes in or near wetlands.

2. Discharge Permits: It is illegal for any person to discharge any pollu-
tant into Maryland's waters without a Discharge Permit from the
Department of Health and Mental Hygiene. The Department has authority
to promulgate water quality standards which are enforced, in part,
through the issuance of discharge permits.

Maryland's discharge permit program has been approved pursuant to the
provisions of the Federal Clean Water Act and the Federal permit pro-
gram has been delegated to the State to administer.

3. Sewerage Construction Grants Program: The State provides grants to local
governments to assist in paying the construction cost of sewage conveyance
and treatment systems. Grants are normally awarded to supplement a 75
percent Federal grant, with the State paying up to one half of the non-
Federal share in most cases. This is an important element in the water
quality program, since most local governments could not afford the cost

of adequate sewerage systems without these grants. The State has also
been delegated the authority to administer most elements of the Federal
sewerage construction grants program. The Federal program has extensive
prerequisite planning requirements to determine the most cost-effective
solutions to sewerage and water quality problems.

The State has a related program known as the "Failing Septic Tank Grant
Program." Limited State bond funds have been authorized for grants to

A-4

jurisdictions to construct sewerage facilities to remedy health hazard
situations in areas which might not be eligible for Federal grants.

4. Water Quality Management Planning: The State has a comprehensive
water quality management planning program based on State law and inte-
grated with various Federal requirements. This program carries out
the research and planning which guides the implementation of programs
such as discharge permits, construction grants, and non-point source
pollution control.

5. Community Sewerage, Water and Storm Drain Facilities Permits: A permit
is required from the Department of Health and Mental Hygiene before any
person may construct, install, modify, or operate any industrial, com-
mercial, or recreational facility or disposal system. This helps to
assure that collection and treatment systems are properly designed.

6. Individual Water and Sewerage System and Subdivision Permits: The
Department of Health and Mental Hygiene has promulgated regulations
which set standards on design and placement of individual (i.e.,
single home) water and sewerage systems. The regulations contain cri-
teria relating to soil, type, lot size, and distance from waters used
for drinking, contact recreation, or shellfish growing. In addition,
all applications for the subdivision of land where individual systems
will be used are reviewed by the local health offices. Lots which
cannot meet standards for individual systems are not approved for
development. This program is an important element in maintaining
overall water quality in the State. It may help to prevent development
encroachment in or near wetlands.

7. State Operation of Water and Sewerage Systems: The Maryland Environment-
al Service is a State agency with the authority to plan for, operate,
fund, and own water and waste facilities of various types for the State
or for other public or private clients. While no different from any
other entity in terms of its responsibility for proper operation of
facilities, it also serves as a functionary in the State's water
quality regulatory program. The Department of Natural Resources or the
Department of Health and Mental Hygiene can order the Maryland Environ-
mental Service to take over operation of facilities where extreme
measures are called for due to serious and chronic violations.

8. Ground and Surface Water Appropriations Permits and Well Drilling: The
use of "Waters of the State" with the exception of individual domestic
or farm purposes, requires a State permit. Large withdrawals of ground
or surface water can adversely affect wetlands in various ways. The
permit process affords an opportunity to assess any such impacts.

9. Watershed and Flood Control Programs: These programs were described
previously in subsection "B." They can contribute significantly to the
protection of water quality in that sediment, in itself, is a pollutant;
more importantly, most of the pollutants from non-point sources attach
themselves to sediments and sediments act as the carrier to wetlands and
water bodies. To the degree that watershed management and sediment
control strategies succeed, a major source of pollutants can be reduced.

A-5

10. oil Handlers Permit and Emergency Response Program: The Department of
Natural Resources has general authority to formulate pollution regula-
tions concerning oil storage, transfer, separation, removal, treatment
and disposal. In addition, oil discharges into State waters from any
vessel or boat are prohibited outright. The Coastal Facilities Review
Act (see subsection "L") regulates by permit, facilities for handling
processing, storing and equipment fabrication relating to oil.

A fund created from permit fees supports the purchase of equipment and
a program for emergency response to spills.

11. Sewerage and Water Treatment Plant Operators Training Certification and
Sanitarian Training: The expensive capital construction and regulatory
programs for water quality are only as good as the people who operate or
regulate them. These training programs should receive continuing support
as an important element in the State's water quality program.

12. Watercraft and Marina Pollution Control: Waste disposal from marine
craft is regulated by the Department of Health and Mental Hygiene with
guidance and enforcement from the U. S. Coast Guard, the Maryland
Natural Resources Police and the Environmental Protection Agency.
Overboard disposal of sanitary wastes is prohibited. Such disposal
can be a problem in marina areas and in upper tributaries where there
is a low flushing rate. Marinas are being encouraged to install ade-
quate pump out facilities.

13. General Health Powers: The Secretary of Health is generally empowered
to regulate any activity related to protection of public health and to
request an injunction against any activity causing a threat to public
health.

D. Program: SOLID AND HAZARDOUS WASTE MANAGEMENT

Agencies : Department of Health and Mental Hygiene: Office of Environ-
mental Programs; Department of Natural Resources: Maryland
Environmental Service

1. County Solid Waste Plans: All counties are required to prepare and
maintain a county plan demonstrating how present and anticipated solid
waste needs can best be met in a manner consistent with the use and
enhancement of water quality, and with land use, population growth and
economic development plans and objectives. These plans should be pre-
pared and amended as necessary to assure the protection of wetlands.

2. State Solid Waste Plan: A statewide plan for the safe management and
disposal of solid wastes is mandated by Federal Law. This plan is
being prepared based on the County Solid Waste Plans. The plan should
assure the protection of wetlands from direct or indirect adverse
impacts .

3. Designated Hazardous Substances Program: Hazardous substance transpor-
tation, storage and disposal is regulated by the Department of Health
and Mental Hygiene through a permitting, licensing and certification
program. This program can help to protect wetlands by preventing

A-6

impacts associated with the release of toxic and hazardous sub-
stances to the environment.

4. Hazardous Waste Facilities Siting Program: In order to facilitate the
safe handling of toxic and hazardous wastes, it is necessary to have
proper and adequate facilities to process or dispose of such wastes.
This program authorized the State to set criteria for the siting of
hazardous waste facilities and to develop an inventory of potential
sites. It creates a Hazardous Waste Facilities Siting Board which can
issue permits for sites, upon application, in lieu of local zoning and
permitting processes, after careful study of impacts and local consul-
tations. The board may also direct the Maryland Environmental Service
to proceed with acquisition, development and operation of facilities.

5. Northeast Maryland Waste Disposal Authority: In 1980, the General
Assembly authorized Baltimore City, and Baltimore, Harford and Anne
Arundel Counties, together with the Maryland Environmental Service, to
create a new public authority to manage solid waste on a regional
basis .

6. Solid Waste Facility Permit: All systems for disposal of refuse and
sewage sludge must obtain a permit from the Department of Health and
Mental Hygiene prior to operation. The Department carries out a review
to assure the engineering and environmental adequacy of the system and
to assure consistency with the County and State Solid Waste Plans.

7 . State Operation of Solid or Hazardous Waste Facilities: The Maryland
Environmental Service is authorized to plan for, operate, fund, and
own hazardous and solid waste and sludge facilities of various types
for the State or other public or private clients. The Service is
regulated by the State and Federal governments just as any other
operator. MES may be ordered to operate a Hazardous Waste Facility

by the Hazardous Waste Siting Board, or to take over a facility as part
of a regulatory action by the Department of Health and Mental Hygiene
or the Department of Natural Resources.

8. Litter Control and Used Oil Recycling: The State Boat Act prohibits
the overboard disposal of refuse and litter and the Litter Control Law
also prohibits littering or the storing of automobiles or other junk in
a water course. Another statute created a "Resource Reduction Materials
Recycling and Litter Control Advisory Board" which is to prepare a com-
plete plan to address these issues. In addition, a used oil recycling
program was created, administered by the Maryland Environmental Service,
to encourage the proper handling of used oils. These programs, if
strictly enforced, can protect both the aesthetic and environmental
values of wetlands.

9. Pesticide Regulation and Labeling Act: The State Department of Agri-
culture has various authorities to regulate agricultural chemicals
and fertilizers, including a regulatory program for the handling and
application of all pesticides. Improper or excessive use of these
materials can be damaging to wetlands. Strong management and enforce-
ment of these programs can help to mitigate adverse impacts.

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10. Governor's Council on Toxic Substances: This Council was created to
advise the Secretary of the Department of Health and Mental Hygiene
on all matters concerning toxic and carcinogenic substances. It is
made up of representatives from State agencies, businesses, labor, the
scientific community, and other public members.

E. Program; AIR QUALITY AND NOISE CONTROL MANAGEMENT

Agency: Department of Health and Mental Hygiene: Office of Environ-
mental Programs

1. Air Quality Program: The Department of Health and Mental Hygiene re-
quires permits for pollution emissions into the air, and carries out a
planning program to map out how air quality standards can be met. Good
air quality helps to preserve the aesthetic qualities of wetlands, and
reduces the pollutants falling into the State's lands and waters.
Vegetation may be directly damaged by certain constituents in air
pollution. These programs help to mitigate these adverse impacts.

2. Noise Control Program: The Department of Health and Mental Hygiene has
responsibility for establishing noise standards and promulgating regu-
lations for their enforcement. Reduced noise levels can help to pro-
tect the aesthetic values of wetlands from nearby intensive land uses
and from noise from navigation. Excessive noise can also disturb wild-
life in wetland areas.

F. Program: FISHERIES AND WILDLIFE MANAGEMENT

Agencies : Department of Natural Resources: Tidewater Administration,
Wildlife Administration, Capital Programs Administration

L Fisheries Management Programs: The State has the authority to establish
the boundaries for both the tidal and non-tidal waters of the State.
The tidal fisheries program is under the State's Tidewater Administration,
while the non-tidal fisheries program is under the Inland Fisheries Section
of the Wildlife Administration. These two Administrations collectively in-
spect and regulate the waters of the State to enhance the fisheries re-
sources. Direct and indirect impacts on tidal wetlands can thus be managed
by the Tidewater Administration's Tidal Fisheries Division, while direct and
indirect impacts on non-tidal wetlands can be managed by the Inland Fisheries
Section of the Wildlife Administration.

2. Wildlife Management Programs: These programs are under the authority of
the Wildlife Administration of the Department of Natural Resources, which
is responsible for overall management and regulation of the State's
numerous and varied wildlife resources. It administers the Migratory Bird
Law and the Non-Game and Endangered Species Conservation Act. Since the
tidal and non-tidal wetlands of the State are prime wildlife habitat areas
the State's overall Wildlife Management Programs have direct and indirect
impact on the State's wetlands.

3. Forest Management Programs: These programs are under the authority
of the Maryland Forest and Park Service, which is responsible

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for promoting, administering, and managing every State-owned or leased
forest, park, scenic preserve, natural area, parkway, historic monument,
and recreation area. The Service also administers laws relating to
fire control, roadside trees, reforestation, the State forest nurseries,
the State's Forest Conservation and Management Program, establishment
of Forestry Conservancy Districts, and Forest Protection of these
State resources from inappropriate use. Since the wetlands of the State
are closely related to the State's woodlands. Forest Management Programs
directly and indirectly affect tidal and non-tidal wetlands of Maryland.

G. Program: RECREATION, OPEN SPACE, AND HERITAGE CONSERVATION PROGRAMS

Agencies: Department of Natural Resources: Capital Programs Adminis-
tration, Maryland Environmental Trust, Maryland Geological
Survey, Tidewater Administration, Maryland Forest and Park
Service, Wildlife Administration; Department of Economic and
Community Development: Maryland Historical Trust

!• Acquisition and Easement Programs: Program Open Space is a State pro-
gram of sustained financial support which provides funding for
acquisition and development of open spaces and recreational areas for
Maryland citizens. The Program is administered by the Department of
Natural Resources. It is financed through a 0.5 percent real estate
transfer tax, which provides funds for State and local recreation and
open space areas. The State portion of the Program funds acquisition
of State Parks, State Forests, Natural Environmental Areas, Natural
Resources Management Areas, Wildlife Management Areas, Fish Management
Areas, and State Wildlands . The Program provides financial support
for the purchase of Agricultural Land Easements, which are administered
by the Maryland Agricultural Land Preservation Foundation. Program
Open Space funds may also be used for acquisition or easements for
historic preservation when part of an overall recreation area. In
addition, the Maryland Environmental Trust accepts easement donations
under the State's Conservation Easement Program. The local portion
of Program Open Space may be used to acquire and develop recreation
and open space lands and facilities, agricultural, conservation, or
historical easements, environmental education facilities, and resource
protection areas. Program Open Space is supplemented by federal Land
and Water Conservation Funds, administered by the U.S. Heritage Conser-
vation and Recreation Service. Program Open Space thus represents a
large program which contributes to the protection of the State's
wetlands by various methods of fee acquisition or easement purchase.
Since Program Open Space funds the local development of recreation
facilities, and since the State develops recreation facilities from
the Capital Budget, care must be taken in these programs that recrea-
tion facilities developed in or near wetlands are compatible with
their environment and if possible, enhance these unique resources.
The Maryland Historical Trust receives additional money for historical
acquisition and easement purchase of historical land, from grants
administered by the U.S. Heritage Conservation and Recreation Service.
While the Agricultural Land Preservation Foundation Program receives
major financial support from Program Open Space, this program is also
funded by the State Development Tax, as well as being supplemented by
local funds. The Development Tax is levied on farmland as of

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July 1, 1979, on agriculturally assessed land when the farmland is sub
sequently developed. This tax causes owners of agricultural land to
repay taxes lost as a result of the preferential agricultural assessment .
Acquisition or easement purchase by use of these various funding programs
for purposes of recreation areas, open space conservation, and preserva
tion of our cultural heritage, can serve as important methods of directly
or indirectly protecting the tidal and non-tidal wetlands of the State.

Agricultural Land Assessment Program: This program assesses for taxing
purposes, agricultural land at its existing use value rather than its
highest use potential value. This helps enable the existing agricultural
lands of the State to remain as viable farms, thus helping to protect
and preserve those agricultural lands. The protection of the agricultu-
ral lands of the State aids in the protection of wetlands by helping to
manage and direct urban development and its related impacts on tidal
and non-tidal wetlands.

Historic Preservation Districts: Under provision of Article 66B, the
local jurisdictions within the State have the power to establish
Historic Preservation Districts for the purpose of protecting and
enhancing the historical or architectural values of an area. New
structures or altering existing structures (and land forms) within
the district must conform with the historical and aesthetic characteris-
tics of the area. Historical zoning thus has the ability to control
development and enhance environmental characteristics which have impacts
on tidal and non-tidal wetlands.

Maryland Scenic and Wild Rivers Program: This program is administered
by the Department of Natural Resources. It provides for the planning
and subsequent management of the legislatively designated Scenic and
Wild Rivers. The ultimate protection of these resources, oy use of a
wide range of existing land use management techniques, serves to
protect the tidal and non-tidal wetlands associated with these rivers.
Wetlands within the boundaries of a Scenic or Wild River are directly
affected by the management techniques developed within the Scenic and
Wild River Plan. Wetlands which may be downstream from such areas are
indirectly protected by the improved managment of the upstream water-
shed areas.

Archeological Resource Law: This is administered by the Maryland Geolo-
gical Survey which requires permits to be issued before disturbing
archeological sites and requires archeological surveys to be performed
on State land before beginning any proposed alterations of the area.
Archeological sites in either the tidal or non-tidal wetlands of the
State thus have the added protection of this permitting process. Since
there are numerous known archeological sites in the State's wetlands,
this program can have a significant impact on controlling various
environmental impacts.

Waterway Improvement Fund: This is administered by the Tidewater Adminis-
tration of the Department of Natural Resources . This fund is based upon
revenues collected from the State's Boating Titling Tax and is used
exclusively to improve the public use of the State's waterways. Since
wetlands are an integral part of these waterways, this program can be
utilized to control impacts on wetlands.

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H. Program: COASTAL ZONE MANAGEMENT

Agency: Department of Natural Resources: Tidewater Administration

This program is carried out based on the program approved by the
Federal Government in 1978. The Coastal Zone Management Program docu-
ment spells out policies and inventories programs for managing the
State's coastal resources. The wetlands designated Areas of Critical
State Concern fulfill a part of Coastal Zone Management Programs'
commitment to utilize the Department of State Planning's Critical
Area Program to implement the Coastal Zone Geographic Areas of Par-
ticular Concern effort. These designated areas will be managed in
accord with the applicable policies and procedures of Maryland's
Coastal Zone Management Program.

I. Program: RESEARCH AND EDUCATION

1- University of Maryland Center for Estuarine and Environmental Studies:
The Center is charged with conducting "a comprehensive program to
develop and apply predictive ecology for Maryland to the improvement
and preservation of the physical environment, through a program of
research, public service, and education." In cooperation with other
academic institutions around the Bay (Johns Hopkins University, Vir-
ginia Institute of Marine Science, Smithsonian Institution), the
Center provides much of the research capability related to wetlands
ecology in the area. The Chesapeake Research Consortium is a coordi-
nation and secretariat for projects involving more than one of the
above mentioned institutions.

2- Environmental Protection Agency Chesapeake Bay Program: This multi-
year, multi-million dollar research effort is focusing on management
of Submerged Aquatic Vegetation, Impact of Toxic Substances, Impact of
Nutrients and Institutional Management. The findings, if applied
through new or existing management programs, will do much to help
protect wetlands.

3- Sea Grant Program: This Federal grant research program is being carried
out through the University of Maryland. Research is focusing on oyster
propagation.

^- Maryland Geologic Survey: The Survey carries out basic geologic and
hydrologic research. The resulting information and maps provide
basic information for the proper management of wetlands.

5. Chesapeake Bay Research and Coordination Act of 1980: This law was

recently enacted setting up a Commission of Bay researchers and

managers to help coordinate Bay research and to focus research on
management needs .

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J. Program: INTERGOVERNMENTAL COORDINATION

1. Susquehanna River Basin Commission: This Federal/State Compact Commis-
sion has jurisdiction over the Bay's largest tributary. The quality
and quantity of the water from the Susquehanna has a great influence

on the characteristics of the Chesapeake Bay water, particularly the
upper Bay. The Commission has been effective in assuring the protection
of the Chesapeake Bay through encouragement of proper management of
activities in the Basin that may adversely impact the Bay and its
wetlands .

2. Bi-State Working Group on Chesapeake Bay: Through an agreement between
the Governors of Maryland and Virginia, agencies in both States have
begun working together on a series of issues which affect the Chesapeake
Bay and its wetlands. This group can play a role in recognizing and
helping to protect Critical Areas.

3. Chesapeake Bay Commission: This is a joint Commission representing the
Maryland and Virginia Legislatures. They are working together toward
improving institutional arrangements for management of the Chesapeake
Bay.

4. Interstate Environmental Compact: A Federal law authorizes interstate
agreements, without the usual specific Congressional authorization, for
the purpose "of controlling interstate environmental pollution problems
not inconsistent with applicable federal legislation."

5. Interstate Commission on the Potomac River Basin: This Commission is
advisory to the State and Federal governments concerning water and
related land resource issues in the Potomac River Basin. They carry out
planning, research and informational and educational programs on Potomac
Basin issues.

6. Potomac River Fisheries Commission: The Commission was formed to further
the vital interest of Maryland and Virginia in "...conserving and
improving the valuable fishery resources of the tidal river portion of
the Potomac River." The Commission consists of six members, three from
each state. The Commission has the authority to make regulations con-
cerning the taking of fish and shellfish from the Potomac River, and to
license fishermen and shellfish harvesters who use the river.

7. Atlantic States Marine Fisheries Commission: The purpose of the Atlantic
States Marine Fisheries Compact is to "...promote the better utilization
of the fisheries, marine, shell and anadromous , of the Atlantic seaboard
by the development of a joint program for the promotion and protection of
the fisheries industry, and by the prevention of the physical waste of
fisheries . "

K. Program: STATE PLANNING PROGRAMS

1. State Development Plan: A policy plan to guide the economic and physical
development of the State is being prepared. Its preparation is being
aided by a Development Council, created by the Governor by Executive Order .
The Council is made up of the secretaries of six State departments and the
Lt. Governor.

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2- Areas of Critical State Concern Program: This is an element of the
State Development Plan, which will take cognizance of designated
critical areas and provide a framework of policies for the continuing
Critical Areas Program. After careful analysis, the Secretary may
designate areas whose values are important to the welfare of the citizens
of the State.

3. Intervention: The Department will, in accord with the Intervention
Standards, intervene in administrative, judicial or other proceedings
concerning land use, development or construction in order to gain
proper management of Critical Areas.

^- State Capital Program: The State Capital Programs will be planned and
executed in a manner to avoid adverse impacts to designated Critical
Areas.

5- State Clearinghouse: All projects and programs reviewed through the
State Clearinghouse will be reviewed for their consistency with the
Critical Areas Program.

^- Planning Coordination and Technical Assistance: The Department will
use its authority for planning coordination and technical assistance
to local governments. State agencies, and private landowners to help
assure proper implementation of the Critical Areas Program.

L. Program: MISCELLANEOUS

^- Coastal Facilities Review Act: The location of oil, natural gas, and
OCS-related facilities in the State's coastal counties is regulated by
the Coastal Facilities Review Act (CFRA), that is administered by DNR in
conjunction with other State agencies and local units of government.
Facilities covered under this Act include natural gas facilities, pipe-
lines, intermediate oil production terminals or refineries, oil and gas
storage facilities, operation bases, and fabrication yards. These
facilities must receive certification from the Department of Natural
Resources before construction may begin. The Secretary of Natural
Resources is required to designate someone to draft an environmental,
economic, and fiscal statement on the proposed facility, to be used to
determine whether to issue the permit. The Secretary also receives
advisory comments from the Secretaries of State Planning, Health and
Mental Hygiene, Economic and Community Development, and Transportation.

^- Poyer Plant Siting Program: This program is designed to assure appro-
priate siting of major electric power plants in the State. It is an
interdepartmental program involving the Departments of Economic and
Community Development, Health and Mental Hygiene, Agriculture, State
Planning, and Transportation, with the Department of Natural Resources
as lead agency. The law provides the authority for the State to assess
the demand for power, acquire power plant sites, and review industry
submitted sites.

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Maryland Environmental Policy Act: This law includes a broad state-
ment of State Environmental Policy as well as a requirement that im
pact statements be prepared for certain proposed State actions.

Transportation and Port Programs: The State Department of Transporta-
tion carries out planning and implementation programs for all trans-
portation modes. Most of these programs have significant wetlands
impact potentials as they require dredging and filling, crossing of
water bodies, direct changes in land use, and influence land use
through secondary impacts. These programs should be carried out
with utmost sensitivity to the designated Critical Areas.

5. Economic Development Programs: These are inventoried in greater detail
in Appendix B. As with transportation programs, these programs can

have significant impact on wetlands and should be carried out in a manner
sensitive to the needs of designated wetlands.

6. Environmental Education: A basic need for protection of wetlands, as
for any environmental resource, is well informed citizenry. There are
many programs operated by public and private agencies and institutions
which contribute toward filling this need. Such programs should con-
tinue to be encouraged.

7. Tax Policy: Tax policy can significantly affect private owners' incen-
tives to preserve wetlands and impact areas. Preferential assessments
for agricultural and forest lands contribute toward maintaining open
spaces and land uses compatible with wetland preservation.

II. LOCAL PROGRAMS

Three Articles of the Annotated Code of Maryland delegate basic power to local
general purpose governments for planning and zoning. The power to enact
measures to protect wetlands derives from these enabling Articles and various
clarifying sub-sections which lend detail to the overall local planning and
zoning authority.

A. Non-Charter Counties and Municipalities - Article 66B

Article 66B, Section 3.01 confers overall power to adopt a comprehensive plan
guiding private and public actions to insure proper development of land with-
in the subject jurisdictions. This, along with other sections (see below)
implicitly allow use of police powers to protect wetland areas:

1. Section 3.05 - Requires that plans include land use elements
specifying the most appropriate location of land uses and
recommendations, identification, and designation of Areas of
Critical State Concern.

2. Section 3.06 - Cites purposes of plan, among them being the
"prevention of environmental pollution" and "conservation of
natural resources."

A-14

Article 66B, Section 4.01 delegates the power to zone and the right to
impose additional restrictions deemed appropriate to preserve, improve,
or protect the general character of land being zoned or rezoned.
Additionally, Section 4.03 specifies the purposes of zoning, among them
being the prevention of environmental pollution and conservation of
natural resources.

Article 65B, Section 5.03 confers upon local jurisdictions power to enact
subdivision regulations which provide for the control of sedimentation and
shore erosion and protection from flooding.

B. Charter Counties of Maryland - Article 25A

Article 25A, Section 5 enumerates the powers of charter counties. The
following is a listing of those powers and responsibilities which are
applicable to wetlands management:

1. Power to conduct planning and zoning activities.

2. Power to enact laws to control soil erosion and preserve
natural topography.

3. Authority to finance, construct and regulate storm
drainage facilities.

4. Authority to carry out, construct and operate projects
and facilities for flood prevention or conservation in
watershed qualifying for federal assistance.

C. The Maryland-National Capital Park and Planning Commission -
Article 66D

This Article confers the authority to the Commission to conduct planning
activities in Montgomery and Prince George's Counties. Several sub-sections
grant specific powers to the Commission which could be used in preserving and
managing wetlands. The following are examples:

1. Section 5-101 grants powers to acquire and maintain land
for parks and open space.

2. Section 7-108 requires the Commission to adopt an overall
plan and sector plans to guide development within the bi-
county area.

In many instances, these sub-sections require that the jurisdictions' overall
comprehensive plans address environmental concerns. They also empower these
two jurisdictions to develop regulations to implement these plans. These
implementing ordinances, generally zoning and subdivision regulations,
specify uses allowed within and adjacent to wetlands, regulate sedimentation
and promote many other measures utilized to preserve and manage wetlands.

D. Sanitary Districts and Commissions - Article 43, Sections 409-466

This portion of the Health Article authorizes local governments to create,
delineate, fund and operate sanitary districts and commissions for the

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purpose of protecting public health. Through these provisions, local
governments derive powers relating to where, how and when sanitary
facilities are provided. These powers have significant implications of
the protection of water quality and wetlands.

E. General

The "Summary" of this document, starting on p. VIII, identifies actions
local government can take using the local powers to manage wetland critical
areas. The previous section on State programs indicates a specific local
role in 26 of the State programs listed. In addition, the discussion of
each designated area contains information on management needs and oppor-
tunities for each area, which can be best addressed with local programs.

The 26 State programs listed in Table 1 which have significant local com-
ponents are listed below:

Program

1. Flood Control and Watershed Management Planning

2. Sediment Control Program

3. Small Watershed Program

4. Federal Flood Insurance Program

5. County Water and Sewerage Plans

6. Sewerage Construction Grants Program

7. Water Quality Management Planning

8. Individual Water and Sewer System and Subdivision Permits

9. State Operation of Water and Sewerage Facilities

10. County Solid Waste Plans

11. Hazardous Waste Facilities Siting Program

12. Northeast Maryland Waste Disposal Authority

13. Air Quality Program

14. Noise Abatement Program

15. Forest Conservation Management

16. Program Open Space

17. Maryland Agricultural Land Preservation Foundation

18. Historic Preservation Districts

19. Maryland Historical Trust

20. Scenic and Wild Rivers Act

21. Coastal Zone Management Program

22. Areas of Critical State Concern

23. Intervention

24. Coastal Facilities Reviev; Act

25. Power Plant Siting Program
25. Environmental Education

Table 1 Item

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III. FEDERAL PROGRAMS

A. Direct Federal Actions

1. Federally Owned Lands

The Federal government owns significant amounts of land in Maryland, includ-
ing major portions of coastal wetlands. In addition, there are major federal
holdings inland which are in watersheds which drain into important wetlands.
The federal agencies that operate on these lands can develop them without
regard to State or local planning or regulatory constraints, although they
must follow certain federal procedures, such as the National Environmental
Policy Act. Procedures have been established for planning to take place
with respect to these federal lands and for local and State consultation
to occur in the course of that planning. The National Capital Planning
Commission acts as planner and coordinator for Federal activities in the
Washington, D.C. area. The State A-95 Clearinghouse coordinates the review
of plans and Environmental Impact Statements for federal facilities through-
out the State. The Coastal Zone Management Program requires findings of
consistency with the State Coastal Zone Program for Federal action in the
coastal areas.

2. Federal Programs and Policies

There are numerous direct federal programs and policy activities which can
affect wetlands directly and indirectly. A partial listing of some important
ones follows:

Program

Water Resources Policy
Environmental Policy
Navigation Channel Maintenance
Navigation Safety and Sanitation
Emergency Response to Spills

Scientific Research

Budgeting, Resource Allocation
Program Coordination

Flood Insurance Program

Water Resources Project Planning
and Construction

Agency

Water Resources Council

Council on Environmental Quality

U.S. Army Corps of Engineers

U.S. Coast Guard

Environmental Protection Agency,
U.S. Coast Guard

Library of Congress, Environmental
Protection Agency, Interior,
Smithsonian, Office of Technology
Assessment, National Research
Foundation, Water Resources Council

Office of Management and Budget

Office of Management and Budget,
Water Resources Council

Department of Housing and Urban
Development

U.S. Army Corps of Engineers,
Department of Agriculture

Federal-State-Local-Intergovernmental Programs

As noted in Table 1 in Chapter One, there are numerous federal programs which
impact State programs in two principal ways.

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First, there are federal program grants to states to carry out federal
planning and program activities delegated to the states. These dele-
gations often carry strong federal program direction through standard
setting or performance standards. Major examples of these programs which
affect wetlands include the Coastal Zone Management Program, Water Quality
Management Planning and Program Grants, Resource Conservation and Recovery
Act Program Grants, and the Environmental Protection Agency's Chesapeake
Bay Program.

Second, federal grants for program implementation or construction which
may go to states directly, through states to local government, or to local
governments directly, all provide strong incentives for fulfilling federal
program objectives as related to wetlands management. Major examples of
this type include the Sewerage Construction Grant Program and the Land and
Water Conservation Fund.

IV. PRIVATE MANAGEMENT

1. Private Property Owners

Many of the designated wetland critical areas are privately owned. This
means that their proper management is in the hands of individuals. Coopera-
tion by private property owners, whether they own land in a designated area,
or in a watershed that can impact a designated area is vital to the success
of the Critical Areas Program. Private owners must be informed of the
status and values of the designated areas they own or may impact. Since
designation carries no legal changes in the rights or responsibilities of
land ownership, proper management depends upon the informed voluntary actions of
private land owners.

2. Foundations /Conservancies

Private foundations and conservancies can and have played an important role in
protecting and managing the Wetlands Critical Areas of the State. Their
role ranges from indirect assistance such as funding assistance for wetland
acquisition and/or management, to the direct acquisition and management of
wetlands, which may be subsequently re-sold or given to State or local
governments. Foundations and conservancies are based upon private donors and
thus their activities have the advantage of creating public interest and
awareness. Foundations and conservancies serve as a vital and necessary link
between the various levels of government and the general public. Their
diverse abilities to help protect the Wetland Critical Areas of the State
should be continually integrated with all other management techniques.

A- 18

Appendix B

APPENDIX B: PROTECTION AND ENHANCEMENT OF RAIL
SERVICE MANAGEMENT PROGRAMS, INVENTORY AND DESCRIPTION

I . INTRODUCTION

In order to effectively promote the use and viability of rail service, it
will be necessary to utilize all the planning and funding programs
available at all levels of government. There are numerous programs at
the State level which can be applied to promote the growth and develop-
ment of manufacturing and agricultural industries along the designated
rail lines. Many of these programs are the responsibility of the
Department of Economic and Community Development (DECD) . The Department
of Transportation also has very important programs which can be used in
conjunction with DECD programs to support rail service. Local jurisdic-
tions, both counties and municipalities, have planning and zoning
authorities which can be utilized to promote rail service by directing
development of a compatible and/or business generating nature along the
critical rail lines. The Federal government has three funding programs
which are applicable to promoting the economic viability of these rail
lines.

This section summarizes each available program which can be applied by
local jurisdictions and State agencies to implement the management
policies of this critical area class. Each summary provides a descrip-
tion of the program, its objective, the type of assistance it provides,
eligibility requirements and application procedures.

II. STATE PROGRAMS

A. Maryland Department of Economic and Community Development Programs

The Maryland Department of Economic and Community Development (DECD)
currently operates a number of programs designed to facilitate the deve-
lopment and implementation of economic development plans, programs and
projects. The Department acknowledges the importance of the preservation
and improvement of rail lines to the support and promotion of local and
regional commerce and provides many services that enable local jurisdic-
tions and private enterprise to utilize the advantages of rail service.
These services provide for industrial development, financial, and
technical assistance.

B-1

Within the Department of Economic and Community Development, services
that relate to the protection and enhancement of railroads are provided
by the Division of Economic Development and the Division of Local and
Regional Development.

The Division of Economic Development is responsible for programs designed
to encourage business and industrial development. The Division includes
the Office of Business and Industrial Development, the Office of Minority
Business Enterprise, the Office of Business Liaison, and the Maryland
Industrial Development Financing Authority. The Office of Business and
Industrial Development administers the Maryland Industrial Land Act
which provides loans to counties for development of industrial land and
industrial parks. This office also administers the Maryland Industrial
Training Program. Minority owned businesses may receive technical and
management assistance for the establishment or expansion of business
operations through the Office of Minority Business Enterprise. The Office
of Business Liaison encourages and works with existing industry on
expansion and relocation projects. Business and industrial loan insurance
with tax-exempt interest rates is provided through the Maryland Industrial
Development Financing Authority.

The Division of Local and Regional Development provides and coordinates
technical and financial assistance to local governments and regional
organizations to help them develop and implement economic development
programs. The Division serves as State liaison, information clearing-
house, and/or grants manager for a variety of federal development programs
including those of the Economic Development Administration which includes
special provisions for the installation of rail spurs at industrial sites.
Currently, this division administers the Maryland Industrial and Commer-
cial Redevelopment Fund.

This inventory of programs administered under the Department of Economic
and Community Development covers a wide variety of economic services.
Technical assistance ranges from program research, planning, and
engineering studies to program administration. Loans and grants are
available for an array of industrial needs including working capital,
infrastructure, equipment, buildings, and the provision of private
railroad spurs.

The inventory also illustrates the close linkage between rail services
and industrial development and indicates how one can reinforce and
strengthen the other.

A more detailed discussion of these programs is provided by the following
program descriptions:

1. Division of Economic Development

Administering Agency: Department of Economic and Community Development
1748 Forest Drive
Annapolis, Maryland 21401

Authorizing Legislation

State: Article 41, Sec. 258-266 of the Annotated Code of Maryland

B-2

The Division of Economic Development is responsible for programs
designed to encourage business and industrial development and
optimize employment and income opportunities for Marylanders. The
Division currently operates the following offices and programs:

a. Office of Business and Industrial Development

Program

This program provides assistance to businesses seeking to locate in
Maryland or expand current Maryland operations; assists local govern-
ments and regional organizations to prepare reference and promotional
publications; administers the Maryland Industrial Land Act to provide
loans to counties for development of industrial land and industrial
parks; conducts activities designed to encourage foreign owned cor-
porations to establish operations in Maryland; provide comprehensive
site selection services including available industrial sites and
buildings, demographics, transportation, labor availability, wage
rates, taxes, financing, education, and recreation; administers the
Maryland Industrial Training Program which offers training and
recruitment assistance to businesses that are just starting, relocating
from other states, or undergoing major expansion.

Type of Assistance

Technical assistance and information.

Eligible Applicants or Recipients

Any organization formed to promote economic development or local unit

of government may receive assistance.

Application Procedures

No formal application procedures. Information is available upon

request .

The Office of Business and Industrial Development currently administers
the following related programs:

(1) Maryland Industrial Land Act (MILA)

Objectives

To provide low cost loans to the counties and Baltimore City for acqui-
sition and development of industrial properties in cases where private
investment has not been available.

Program

The two major purposes of the program are to help counties preserve
suitable land for future industrial growth, and to attract new business
by providing industrial parks and "shell" buildings. To assist with
the acquisition of industrial land including railroad property and
rights-of-way loans can be made up to 100 percent of the value of the
property, to maximum of $750,000. Additional loans are available to
facilitate industrial park planning and development. For these pur-
poses, loans can be approved for up to 50 percent of the anticipated
project costs, to a maximum of $1,500,000 for one project. Project
costs that are covered include:

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1. Planning and engineering studies

2. Land acquisition

3. Water, sewer and other utility lines that are not provided by
the utility

4. Access and internal roads

5. Street lighting

6. Installation of rail spurs that are not funded by the railroad

7. Specialized unique costs such as bulkheading, docks, and air-
craft runways and aprons

8. Grading, clearing and after site preparation

9. Rehabilitation of existing buildings for either single or
multi-tenant use

10. Demolition, in conjunction with new construction financed under
MILA

11. A vertical industrial park (multi-tenant, primarily industrial
building)

MILA law includes a section providing loans up to $1,500,000 to
construct or rehabilitate basic industrial structures on land con-
trolled or owned by the county. Also included in MILA authorization
is a provision for loans to 50 percent of the costs, up to $50,000,
for acquiring options to purchase prospective industrial land sites.

Eligible Applicants or Recipients
Baltimore City and counties of the State

Application Procedures

1. The county sends a letter of intent to the Secretary of DECD.
The letter should include a description of the project and the
name of the local official responsible for the project.

2. DECD staff and the responsible local official confer to review
the information and pertinent regulations so that the application
can be successfully completed. The application generally includes:

a. The identity of the applicant

b. A description of the property

c. The availability and inventory of utilities

d. An environmental impact statement by the responsible local
officials regarding noise, water supply, water effluent, air
quality and road congestion

e. An explanation of the suitability of the land for industry
A description of zoning and other relevant laws and regulations
affecting the property, including what changes are planned
A land acquisition plan, project schedule and financing plan
Two current appraisals

The economic impact of the completed development
The economic feasibility of the project

A description of the employment conditions in the county
An analysis of the existing industrial land in the county and
evidence of a shortage of suitable industrial sites

m. All expected State and county costs of the project

The completed application is submitted to DECD staff for review.
The MILA subcommittee of the Department's Advisory Commission then
makes the final decision.

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If the loan is approved, settlement is quickly scheduled. Generally,
a final decision on the completed application takes about six to
eight weeks.

(2) Maryland Industrial Training Program

Objectives

To offer training and recruitment assistance to businesses just getting
started, relocating from other states, or undergoing major expansion
in Maryland .

Type of Assistance

The Maryland Industrial Training Program's (MITP) assistance covers
the entire range of training experience including locating and/or
training instructors, recruiting and screening workers, conducting job/
task analysis, preparing training manuals and devising orientation
programs. MITP assists the client company in developing a training
plan, identifying training objectives, determining a budget and
identifying responsibilities and time schedules. Training may take
place in the classroom, on the job or a combination of both of these.
On the job instruction may be used to update the client company's
journeymen and foremen and train their employees to be more produc-
tive. In addition, to develop the skills the company needs , MITP
can identify and locate the necessary instructors, training materials
and training equipment.

Application Procedures

1. The interested company should first contact the Department of
Economic and Community Development (DECD).

2. DECD will set up a mutually convenient meeting among itself, the
interested company, and the State Coordinator for Industrial
Training. At the meeting, the company discusses what skill areas
it wants, training lead time, and the number of trainees needed.
The funding requirements are also determined. From this infor-
mation, MITP develops an abstract of the proposed program.

3. After the Maryland Industrial Training Coordinating Council has
approved the company's proposed program, MITP draws up a contract
detailing the obligations of the State, the local education agency,
client company and any other involved parties. This agreement
also delineates the overall training plan, including the number

of trainees, skill areas and schedule. It includes a breakdown

of funding, i.e., the State's and other contributions by line item.

4. The training program and in-house advisory board is set up and
begins operation.

This entire procedure takes around 90 days from the time the company
first notifies DECD to the time actual training is underway. The
length of a particular trainee program is determined by the individual
needs of the company. There are no set formulas; program representa-
tives handle the paperwork.

b . Office of Minority Business Enterprise (OMBE)

Authorizing Legislation

State: Governor's Executive Order dated May 7, 1975

Federal: Executive Order 11625 dated October 13, 1971

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Obiectives . .

1. Development of State Procurement Opportunities _

2. Development of Minority Business Information Office

3. Removal of impediments to minority entrepreneurship

Type of Assistance

Management and Technical Assistance

Business Education and Training

Eligible Applicants or Recipients

All minority business persons and potential business persons in the

State of Maryland

Application Procedures

Written or verbal request for assistance to Maryland State OMBE

Matching Requirements if Applicable

Twenty-five percent State match of program funds

Office of Business Liaison

Program

The Office of Business Liaison (OBL) is charged with creating a more
favorable business climate in Maryland to encourage resident business
and industry to expand and create new job opportunities. OBL fulfills
this objective by:

- Providing Maryland business people with a responsible focal point
for receiving and answering questions on State programs;

- Providing current information on State government procedures;

- Directing the business community's suggestions, complaints, or
criticisms about government activities relating to business to
the proper channels for action and follow-up as appropriate;

- Arranging meetings between businessmen and government officials;

- Suggesting remedies for the causes of legitimate business complaints
to the proper State agencies.

In other words, the office serves as Maryland's "ombudsman for business.
Its role calls for direct interface with the private sector as a
standard-bearer of Maryland's good will. Every resource of the Depart-
ment of Economic and Community Development and other State agencies is
brought to bear in order to enhance the relationships between industry
and State government and assure the effective administration of State
services .

Type of Assistance

Technical assistance and information.

Eligible Applicants or Recipients

Any organization formed to promote economic development or local unit

of government may receive assistance as well as the private sector.

Application Procedures

No formal procedures. Information is available upon request.

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d. Maryland Industrial Development Financing Authority

Administering Agency

Maryland Industrial Development Financing Authority

The World Trade Center

401 East Pratt Street, Suite 2244

Baltimore, Maryland 21202

301-659-4262

Authorizing Legislation

State: Chapter 714, Annotated Code of Maryland 1965

Objectives

To attract new business to Maryland, assist existing business in
expanding, provide diversification of industry, increase employment,
and provide a larger taxable base for the State's economy.

Type of Assistance

The Maryland Industrial Development Financing Authority (MIDFA) provides
two types of assistance: first, it approves loans for tax exempt
financing and second, it provides insurance on a portion of the loan.
In effect, MIDFA enables borrowers to obtain loans at a higher percen-
tage of project costs, at a lower interest rate, and for a longer
term than is normally available from conventional sources. Loans
insured or approved by MIDFA normally have tax exempt interest rates.
Since the loans are channeled through the local government, the local
government acts as the legal borrower and either lends the money
directly to the company which ownes the property or the local government
itself takes title for the property, leasing it back to the firm. In
either case, the firm makes payments equal to the debt service on the
loan. Since tax exempt interest rates are usually lower than conven-
tional rates, the participating company can obtain financing at a
significantly lower cost. By Maryland law, the political subdivision
is immune to potential loss and, by agreement, in each loan the lender
and MIDFA agree on the allocation of the potential liability in the
event of business failure or loan default.

To the extent needed, MIDFA insures mortgage loans to finance the
construction, acquisition, and rehabilitation of commercial-
industrial real estate and equipment. MIDFA is permitted to insure
any portion of the loan up to 90 percent of the cost of land and
building and up to 70 percent of the cost of machinery and equipment.
The loan may be made up to 100 percent of eligible costs such as
appraisals, legal expenses, architectural and engineering costs, etc.

Although MIDFA may insure 100 percent of a loan, its policy is to
insure only that portion of the loan which the lender feels is
necessary to bring the loan into conformity with standard lending prac-
tice. The authority does not insure loans for working capital purposes.

Eligible Applicants or Recipients

To quality for assistance, businesses must meet eligibility criteria

which include:

1. The borrower must be engaged in a business in one of the following
categories :

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a. Manufacturing;

b. Warehousing of manufactured, agricultural or seafood
products ;

c. Research and development;

d. Certain tourist and convention facilities;

e. Mercantile, retail or service facilities that
primarily serve out-of-state markets;

f. Corporate headquarters or regional offices;

g. Certain port improvements and public uses, pri-
vately-owned airport facilities; and

h. Gasohol.

2. Each loan must generate significant economic impact on the State
and community where it is located.

3. The financial condition of the company, as well as the value of
collateral securing the loan must reflect an ability to pay
the debt service.

Application Procedures

1. Interested businesses are asked to arrange a pre-application
meeting with the MIDFA staff. The meeting allows the applicant
to discuss considerations of eligibility, credit, and financing.
Such a meeting usually includes MIDFA' s Assistant Attorney General
who advises where appropriate. Legal and financial advisors to
the applicant are welcome to attend the pre-application meeting.

2. A formal application and appropriate document must be submitted
to the Authority.

3. When the local government is involved, that particular county
or city must express its intent to participate in the proposed
transaction.

4. MIDFA usually processes applications for decision within 30-40
days .

Division of Local and Regional Development

Administering Agency: Department of Economic and Community Development

2525 Riva Road

Annapolis, Maryland 21401

Authorizing Legislation

State: Article 41, Section 260

Federal: Economic Development Act of 1965

Objectives

The Division of Local and Regional Development works to assist local
governments and regional organizations to develop and implement economic
development programs. It assists local governments to obtain and utilize
State and federal program resources in economic development and assists
local governments to organize viable economic development organizations.

Type of Assistance

Direct technical assistance is provided to help recipients to: analyze
and prioritize needs, plan programs, obtain funding, prepare proposals,
and establish economic development committees.

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Eligible Applicants or Recipients

Cities, towns, counties, regional organizations and economic develop-
ment committees .

Program

This Division currently administers the Maryland Industrial and

Commercial Redevelopment Fund as described below.

Authorizing Legislation

State: Article 41, Sees. 460-466 inclusive, 05.01.11

Objective

The Maryland Industrial and Commercial Redevelopment Fund (MICRF)
was created to assist local jurisdictions in funding rehabilitation
programs for older commercial and industrial areas.

Type of Assistance

MICRF funds can be used to pay for costs associated with the acquisi-
tion or redevelopment of commercial and industrial areas, as well as
costs associated with administering the program. Funds from the pro-
gram are to go into areas most in need of commercial and economic
improvement and where the local funding capacity is limited.

These funds are viewed as "seed" monies to encourage federal, local
and private funding for commercial and industrial development.
Targeting and leveraging the MICRF funds permits the addressing
of problem areas not now adequately receiving private and federal
investments. It is designed to be a supplemental funding program
which works with other State programs (i.e., Maryland Industrial
Development Financing Authority (MIDFA) , Maryland Industrial Land
Act (MILA)). Therefore, it is expected that each jurisdiction will
seek funds from private, federal, and local sources as well as other
State programs before they come to MICRF.

MICRF funds can be used:

1. Directly by a political subdivision for eligible public improve-
ments (activities ineligible for consideration include the con-
struction or reconstruction of facilities to be used primarily
for the general conduct of government or general education
services) .

2. As loans or grants by a political subdivision to private entities
which have committed investment for a project.

3. As a guarantee fund for loans made by private lenders.

4. Technical assistance loans (with an equal cash match) up to
$5,000 for prescribed use by jurisdictions under 50,000 population.

MICRF will look to the local jurisdiction for the total loan repayment.
A jurisdiction through a pledge of full faith and credit or, for Balti-
more City a pledge of assets and revenues, assures repayment of a MICRF
loan.

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Limitations

1. Loans can not exceed $3,000,000;

2. Grants and partial payback loans can not exceed ^2,000,UUU;

3. A county with its incorporated municipalities is limited to a
maximum of 40 percent of the total available MICRF money;

4. A loan or grant may not exceed 90 percent of the non-federal, non-
private share of the project costs; and

5. MICRF generally will not fund any pre-application activity
necessary or attendent to the filing of the application (i.e., mar
ket feasibility, comprehensive planning, or fiscal analysis).

Eligible Applicants or Recipients

Any county or incorporated municipality within the State of Maryland

may apply.

Application Produres

1. A letter of intent to request MICRF money must be sent to:
Executive Director, MICRF;

2. A pre-application conference will be held. The conference is held
between the representatives of the local jurisdictions, the MICRF
staff and members of the MICRF Technical Advisory Committee;

3. An application will be accepted during times specified by the
program director;

4. Applications will be ranked according to economic and social
benefits. Preference will be given to those projects having
private, federal or local financial commitments;

5. Final approval will be given by the Board of Public Works upon
recommendation from the Secretary of the Department of Economic
and Community Development; and

6. MICRF initially is to be funded for $8 million. The funding is
to be provided by the selling of general obligation bonds in
December 1980. Additional funding authorization of $15 million
will be sought by DECD for fiscal year 81. Accordingly, with
this expectation, two application filing periods have been
established for the months of October 1980 and April 1981.

B. Industrial Development Revenue Bonds

For Additional Information Contact

Department of Economic and Community Development

Division of Business and Industrial Development

1748 Forest Drive

Annapolis, Maryland 21401

(301) 269-3514

Authorizing Legislation

State: Article 41, Sections 266A through 266-1 Annotated Code of
Maryland

Purpose

The proceeds of these bond issues are used to help private firms build
or buy facilities, including equipment, for industrial, warehouse, port,
pollution control, and other uses. Since revenue bonds are exempt
from federal and Maryland income tax, the interest rates on these

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bonds are lower than conventional rates. Thus, financing costs to
the company are substantially reduced. As a result, industrial
revenue bonds provide a means to stimulate employment, business
expansion, and enhances the State's ability to attract new businesses.

How Revenue Bonds Work

A cooperating local government in Maryland sells revenue bonds to
finance a specific project for a specific company. In most cases,
the local government loans the funds to the participating company,
so that the company can own the specific project outright. However,
the local government may choose to lease the facility to the firm or
the firm may agree to buy the facility through installment payments.

The bond agreement makes provision for payment of the principal and
interest on the revenue bonds by loan repayment, lease rental pay-
ments, or installment purchase payments, as the case may be. Also
included are provisions for the payment of maintenance and operating
expenses, and the payment of all relevant taxes.

If the participating company defaults, then the local government is
not obligated to pay off the bonds under Maryland law.

Provision for Tax Exempt Status

Under Section 103 of the Internal Revenue Code, interest on industrial
development bonds is exempt from federal income tax only if the bonds
meet certain requirements. Basically, the requirements for tax-
exemptions are:

1. The issuer must be a governmental body;

2. The proceeds must be used for the acquisition of land or
depreciable property;

3. Either the amount of the issue must be $1 million or less, or the
total capital expenditures by the user in the political subdivi-
sion where the project is located during the six-year period
beginning three years prior to the issue and ending three years
after the issue must not exceed $10 million.

Some types of projects such as pollution control and certain port
facilities are exempt from the $1 million and $10 million limits;
and

4. Limitations are imposed on the purchase of the bonds by a substan-
tial user of the financed project.

It is important that no commitments to buy real estate or equipment be
made prior to consulting the local government and bond counsel, or the
tax-exempt status of the project may be jeopardized.

This explanation of the Code is considerably simplified. A company
interested in tax-exempt financing should obtain expert advice at an
early stage.

Application Procedures

Because of the operating demands of a particular industry and the re-
quirements of a specialized bond market, the following steps are
intended to provide a general guide:

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1. The firm obtains bond counsel and goes to the local government.

The local government designates an individual or a small, know
ledgeable coordinating committee. The person or committee will:

a. represent the community in conferences with the company,
local governmental officials, bond counsel and underwriters,

b. be readily available, and

c. have ready access to the governing body.

3. In the event the revenue bonds are publicly placed, the company
and the local government jointly determine the underwriter to be
used. In most cases, the revenue bonds are privately placed with
one or more lenders, thereby reducing or avoiding underwriting
fees .

4. A preliminary agreement and letter of intent are drawn up,
covering the financing plan and land options, fees, engineering
studies, and related expenses in the event the transaction is
not completed.

5. The local government passes an ordinance or resolution specifying
the purpose, maximum interest, and the dollar amount of bonds to
be issued.

6. After the execution of a binding preliminary agreement between the
parties, the transaction is completed as agreed by the lenders,
the company and its bond counsel.

C. Maryland Department of Transportation Programs

The Maryland Department of Transportation (DOT) funds its programs and
projects from the Transportation Trust Fund and available federal aid.
Recent trends in energy conservation and inflation have resulted in a
decline in the growth of the Department's financial resources and a
decrease in the purchasing power of those resources. This comes at a
time when costs of commitments are increasing and demands are growing
faster than tax revenues. Rail service assistance is only one of many
demands which must compete with others for the available funds. There-
fore, commitment by the Department to rail transportation programs will
need to be constrained to reasonable levels.

Accordingly, the Department cannot commit itself to open-ended support
of all rail branch lines subject to abandonment. It has instead,
developed a process of evaluating lines to determine which are within its
financial capabilities and which meet the overall transportation service
needs in affected areas. The State Rail Plan and the Maryland Transporta-
tion Plan will be the primary mechanisms for accomplishing this, with the
Consolidated Transportation Program (the Department's six-year capital and
operating program) the process for implementing financial commitments.

Another source of funds available to the Department of Transportation are
the Rail Property Acquisition Loans of 1980 and 1981. These laws authorize
a State debt of $10 million to assist with acquisition and rehabilitation
of railroad facilities in the State. However, the usual and preferred
State funding mechanism for the rail program is the Transportation Trust
Fund.

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The following are summaries of the programs available in the Department
of Transportation which can be used to support rail service:

1. Maryland State Rail Plan
Administering Agencies

State Railroad Administration Office of Transporation Planning

Office of Administrator Maryland Department of Transpor-

P.O. Box 8755, BWI Airport tation

Baltimore, Maryland 21240 P.O. Box 8755, BWI Airport

(301) 243-7210 Baltimore, Maryland 21240

(301) 787-7333

Authorizing Legislation

Created by executive order in July 1978.

Objective/Program

The Administration is to participate in the transportation systems
planning process by developing and maintaining the State Rail Plan
as an element of the Maryland Transportation Plan. The State Rail
Plan is designed to provide an overview of all rail services in the
State within the framework of the overall transportation system, so
that the interrelationships between the various components of the
State's transportation and rail systems may be understood. More
specifically, the State Rail Plan is designed to set forth the rail
policies, strategies, plans and programs of the State of Maryland.
The State Rail Plan serves as a tool in analyzing and deciding the
future course of action for the Department in supporting those
facilities and services which are essential for the State's well
being. It serves to monitor existing programs which the State is
supporting, and to set priorities among existing programs for the
limited available resources that exist for both current and future
projects .

Type of Assistance

Provides detailed information concerning service and anticipated
improvements on rail lines in Maryland. The planning process allows
for public participation in all phases of plan and project develop-
ment. State agencies and local jurisdictions are also given opportuni-
ties to have input during the plan development process.

2. Rail Property Acquisition Loan of 1980

Administering Agency: State Railroad Administration
Office of the Administrator
P.O. Box 8755, BWI Airport
Baltimore, Maryland 21240

Authorizing Legislation

House Bill 1949, 1980 Session.

Objective/Program

To create a State debt in the amount of $5,000,000 to be used for the
acquisition, improvement and rehabilitation of railway facilities within
and outside the State. State general obligation bonds would be issued
and sold to support the project. Lines specifically mentioned are:

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1. Townsend, Delaware to Centreville, Queen Anne's County

2. Massey to Chestertown, Kent County

3. Clayton, Delaware to Easton, Talbot County

4. Queen Anne's to Denton, Caroline County

5. Seaford, Delaware to Cambridge, Dorchester County

6. Littlestown, Pennsylvania to Frederick City, Frederick County

7. Salisbury to Hebron, Wicomico County

Type of Assistance

Acquisition and rehabilitation of specified rail lines.

Eligible Applicants

Only those rail lines specified in the law. Terms and conditions of
acquisition recommended by the Secretary of Transportation and the
Board of Public Works.

Application Procedures

No application procedures.

III. LOCAL PROGRAMS

A. Non-Charter Counties and Municipalities - Article 66B

Article 66B, Section 3.01, confers overall power to enact a comprehensive plan
guiding private and public actions to insure proper development of land with-
in the subject jurisdictions. This, along with other sections (see below) im-
plicitly allows use of the police powers to protect and enhance rail service.
These powers include planning, zoning and economic development strategies.

(1) Section 3.05 - Requires that plans include land use elements specify-
ing the most appropriate location of land uses including transporta-
tion and industry, and that critical areas be identified by subject
jurisdictions .

Also to be included is a statement of goals and objectives to serve
as a guide for the development and economic well being of the juris-
diction. There must be a specific transportation plan element which
details the location, pattern, character and extent of routes and
terminals for railways as well as other transportation modes.

(2) Section 3.06 - States that the plans should be made with the general
purpose of "guiding and accomplishing the coordinated, adjusted and
harmonious development of the jurisdiction." Preservation and manage-
ment of railroads can logically be considered essential to sound
economic and physical growth and development of a jurisdiction.

(3) Section 4.01 - Delegates the overall power of zoning and the right
to impose additional restrictions deemed appropriate to preserve
improve or protect the general character of the land being zoned
or rezoned.

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(4) Section 4.02 - Authorizes the creation of zoning districts to regulate
the types of development which can occur in various locations throughout
the jurisdiction.

(5) Section 4.03 - States that one of the purposes of zoning regulations is
the adeuate provision of transportation and other public facilities.

B. Charter Counties of Maryland - Article 25A

Article 25A, Section 5, enumerates the powers of charter counties.
The powers and responsibilities which have potential applicability to
rail line management are:

(1) To conduct planning and zoning activities.

(2) To purchase and hold property for any public purpose.

(3) To enact local laws for the protection and promotion of
the welfare of the jurisdiction.

C. The Maryland-National Capital Park and Planning Commission -
Article 66D

This article enables the Commission to conduct planning activities for the
Maryland-Washington Regional District, comprising parts of Montgomery and
Prince George's Counties. Specific powers which could be used in enhancing
the use of railroads are:

(1) Section 5-116, title "Recommendations as to Transportation
Services and Facilities", states that:

The Commission may investigate and report with recommenda-
tions to the General Assembly of Maryland as to transpo-
tation service and facilities within the metropolitan dis-
trict and the coordination thereof upon the highways, roads,
bridges, railroads, street railways, and other arteries of
traffic; the manner of effecting the correlationship; and
what improvements and new facilities should be provided for
a comprehensive and coordinated development of transporta-
tion for the metropolitan district; and submit to the
General Assembly from time to time any other recommendations
respecting legislation which the Commission, as a result of
its activities, regards as to the best interests of the
metropolitan district. (1975, ch. 892)

(2) Section 7-108 states that the general plan may be based on studies
and the consideration of such elements, factors, and conditions as
the following:

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(a) Existing and forecasted amount, type, intensity, general
location, and characteristics of commercial, industrial,
and public sector facilities, and employment related
thereto.

(b) Existing and forecasted type, amount, need and location
of major public services, facilities, and utilities.

These three articles provide basic power to the respective local jurisdic-
tions - both county and municipal - for planning and zoning. The power to
enact measures for protecting and enhancing railroads evolves implicitly
from these enabling articles and various clarifying subsections which lend
detail to the overall planning and zoning authority.

IV. FEDERAL PROGRAMS

In addition to the funding programs offered by the State, the federal govern-
ment maintains programs with funds available for rail-related projects.
These programs are:

A. Railroad Branchline Rehabilitation Program

The Local Rail Service Assistance Act was passed in 1978. It strengthens
the Federal Railroad Administration's Local Rail Service Assistance Pro-
gram by providing for the limited continuation of service on eligible
abandoned rail lines and by providing capital for the rehabilitation of
potentially viable lines. In support of this legislation, an agreement
has been executed by the Federal Railroad Administration (FRA), the Farmer's
Home Administration (FraHA) , and the Economic Development Administration (EDA).
Under the agreement, assistance through FmHA's rural development loan pro-
grams will be available to states which own rail corridors for railroad-
related projects to supplement FRA resources. EDA has agreed to make public
works grants and loans for capital improvements in cases where such rail-
road and rail shipper facilities:

1. Will support or complement vital industrial or commercial facili-
ties in areas defined by EDA as economically distressed;

2. Will retain or create a significant number of jobs and raise in-
come levels; and

3. Are specifically identified by the area as a high-priority within
its overall economic development program or comprehensive economic
development strategies.

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The agreement will permit the participating agencies to increase funding
for rail-related projects in a coordinated and efficient manner.

B. Small Business Administration (SBA) Programs

The SBA makes loans to stimulate small business and to promote minority
enterprise opportunities. There are three categories of loans available:

1. Section 7 (a) Regular Business Loans - are provided directly
to firms which qualify and have a reasonable ability to repay
the loan;

2. Section 501 and 502 State and Local Development Company Loans -
financial assistance is provided to qualifying firms through
state and local development companies in the form of direct loans
and guaranteed loans ; and

3. Section 301 (d) Small Business Investment Companies and Minority
Enterprise Small Business Investment Companies - provide equity
capital and long-term loans to small businesses and socially
disadvantaged enterprises.

C. Public Works and Economic Development - EDA Section 304

The U. S. Department of Commerce through the Economic Development Adminis-
tration assists the construction of public facilities needed to initiate
and encourage long-term economic growth in designated geographic areas
where economic growth is lagging behind the rest of the nation. Loans are
provided to businesses and development companies. Planning assistance,
technical assistance, grants and loans are provided for such public facili-
ties as water and sewer systems, access roads to industrial parks or areas,
port facilities, railroad sidings and spurs, public tourism facilities,
vocational schools, flood control programs, and site improvements for
industrial parks. Proposed projects must be consistent with the currently
approved overall economic development program for the area.

The Maryland Department of Economic and Community Development can provide
additional information on the above federal economic development programs.

V. PRIVATE PROGRAMS

Administering Agency

Development Credit Corporation of Maryland

Suite 211, Lafayette Building

40 West Chesapeake Avenue

Towson, Maryland 21204

(301) 828-4711

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Authorizing Legislation

Article 23, Sections 412 or 429 inclusive, Annotated Code of Maryland.

/1971 Replacement Volume/ Revised December, 1977.

Objective

The Development Credit Corporation of Maryland (DCCM) was established
for the purpose of stimulating business and industry in the State of
Maryland by making loans when and to the extent such loans are not
otherwise readily available due to policy or legal restrictions.

Type of Assistance

DCCM may make loans to any business or industrial enterprise unable
to obtain funds from banks or conventional lenders. It is a private
development bank which gets its loan funds from private as well as
government sources. With private capital as a base, it obtains funds
to make loans to small businesses from its member banks in Maryland
and from the Small Business Administration under a special provision
which permits SBA to lend to development companies operating statewide.

DCCM makes loans with terms of five to fifteen years ranging from
$25,000 to as high as $650,000 when direct bank participations can
be achieved. The loans are for the acquisition of equipment, plant
construction and working capital or combinations of these. DCCM
is authorized to charge interest on loans at a rate of not more than
4%% in excess of the prime rate prevailing in the City of Baltimore
on unsecured commercial loans. The interest rate on the loan depends
on a number of considerations, including the company making the
application, the degree of risk and the management capabilities of
the company.

Eligible Applicants or Recipients

DCCM is not a venture capital firm. Loan applications for totally
new and untried ventures are not encouraged, nor are loans whose
sole purpose is to refinance existing debt. DCCM prefers to lend
to fledging companies where some evidence of managerial ability to
operate profitably already exists. The bank also prefers to make
loans to companies where significant payrolls will be created,
increased, or preserved as a consequence of the loan.

Application Procedures

1. DCCM will receive applications directly from prospective
applicants and will confer with them about their inquiry; how-
ever, DCCM prefers applications which come to it with the ad-
vice and consent of the applicant's bank of account.

2. DCCM will make contact with the applicant's bank of account and
the bank's position with respect to the application, will be
determined. Ideally, the bank of account will sponsor an appli-

B-18

cation to DCCM and the bank probably will be willing to purchase
a direct early maturity participation in the requested loan to
a token amount as evidence of the bank's support of the applica-
tion.

3. Material submitted by the applicant to DCCM is first reviewed
by doom's staff which then reviews it with a Regional Loan
Committee .

4. The Regional Loan Committee then makes a recommendation to the
Executive Committee, which decides whether or not to approve
the application.

5. Approved applications are placed with law firms acceptable to
DCCM, which then prepare the necessary legal documents to close
the loan. All legal expenses are borne by the applicant.

A nominal management consulting fee is also charged, but only in the
event that a loan is actually disbursed to an applicant.

B-19

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C-7

DESIGNATED CRITICAL AREAS

WETLANDS •

RAIL SERVICE

SEVERN RUN TRIBUTARIES

JUG BAV

EAGLE HILL BOG

SOUTH RIVER HEADWATERS

ROUND BAY BOG

GUNPOWDER DELTA MARSH/DAY'S COVE

ZEKIAH SWAMP

MATTAWOMAN CREEK

BIG MARSH / HOWELL POINT

BROAD/ HENSON CREEK MARSH

PISCATAWAY CREEK

CHAPTICO RUN

KILLPECK / TRENT HALL CREEKS

POCOMOKE RIVER

SULLIVAN'S COVE MARSH

DEEP POND /BEVERLY BEACH

BLACK MARSH

BUSH CREEK MARSH

CHURCH CREEK MARSH

OTTER POINT CREEK MARSH

SWAN CREEK MARSH

FRESH POND/ANGEL'S BOG

BATTLE CREEK CYPRESS SWAMP

FINZEL (CRANBERRY) SWAMP

POTOMAC SHORELINE MARSHES

SUITLAND BOG

TNI

TN2

TN3

TN4

TN5

TN6

TN7

TN8

TN9

TN10

TN11

TN12

TN13

TN14

T15

T16

T17

T18

T19

T20

T21

N15

N16

N17

N18

N19

OXFORD SECONDARY

DENTON TRACK

WESTERN MARYLAND-EAST SUBDIVISION

OCTORARO SECONDARY

CAMBRIDGE SECONDARY

PRESTON INDUSTRIAL

VIENNA TRACK

FREDERICK SECONDARY

CENTHEVILLE SECONDARY

CHESTERTOWN SECONDARY

R10

CRISFIELD SECONDARY

R11

MARDELA TRACK

R12

POCOMOKE SECONDARY

R13

SNOW HILL SECONDARY

R14

OCEAN CITY TRACK

R15

SPECIAL AREAS O

POCOMOKE RIVER
SALISBURY PALEOCHANNEL

SA1
SA2

Prepared by
MARYLAND DEPARTMENT OF STATE PLANNING

.^''^'

Westminsler ^ "V R3

A R R a LXIJS,

CECIL

HARFORD

bal\timore ><'''^aT

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' TN6^

'KENT

HOWARD

G\0 M E R Y

P R/\N C E f , ^^*a

. WashlnglonD.C.^/'-^ ^iQ R O E|SV

CHAR

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MARY'S

Cambridge
R5

DORCHESTE R

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Full text of "Areas of critical state concern : designation report : tidal wetlands, non-tidal wetlands, protection and enhancement of rail services, special areas."

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