20080868 Ver 2_PCS Mining Exp Legal Response GH_20081030

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BROOKS, PIERCE, MCLENDON, HUMPiiHEY & LEONARD, L.L.P.
ATTORNEYS AND COUNSELLORS AT LAW
RALEIGH OFFICE WWW.brookspierce.com
FOUNDED 18?J7
1600 WACHOVIA CAPITOL CENTER
150 FAYETTEVI LLE STREET (27601) 2000 RENAISSANCE PLAZA TELEPHONE: [phone]
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RALEIGH, NORTH CAROLINA WRITER'S DIRECT DIAL
POST OFFICE BOX 26000
336-271-3114
GREENSBORO, NORTH CAROLINA 27420
October 27, 2008
VIA FEDERAL EXPRESS DELIVERY
Mr. Paul Rawls, Section Chief
Surface Water Protection Section
Division of Water Quality
Department of Environment and Natural Resources
512 North Salisbury
Raleigh, NC 27604
Re: Proposed PCS Phosphate Mine Expansion -
§ 401 Water Quality Certification
Dear Mr. Rawls:
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$MACE WATER PROTECTION SECTION
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DENR -',IAfER QUALITY
WETLANDS AND STORM A(ATER BRANCH
On October 20, 2008, we, as counsel for PCS Phosphate Company, Inc. ("PCS"), wrote
to you addressing several issues related to the Bonnerton tract hardwood flats. This letter is to
follow up and provide additional information that has come to our attention after sending the
October 20 letter.
As you know, the current application for a § 401 certification is pursuant to PCS's
application for a § 404 permit from the USACE. Applying those standards, it does not appear
that the Bonnerton tract should be considered a "nonriverine wet hardwood forest."
A. Vegetation Delineation Criteria
1. Section 404 Publications.
The U.S. EPA and USACE utilize a specific definition of nonriverine wet hardwood
forests, as set forth in their Memorandum to the Field, dated November 28, 1995 (copy attached).
That Memorandum addresses the "applicability of § 404 to mechanical silvicultural site
preparation activities," and concludes that a permit will be required only if the area is one of the
nine described types discussed in that Memorandum. If a wetland forested area does not fall into
one of those nine types, the Memorandum concludes that a § 404 permit will not be required for
the silvicultural site preparation activities discussed. Id. at 4. The EPA/Corps Memorandum
definition of nonriverine wet hardwood forests specifies that the vegetation be, "dominated
(greater than 50% of basal area per acre) by swamp chestnut oak, cherrybark oak, or laurel oak
alone or in combination." Id. at 3. Further, the tract must be "high quality," which "refers to
generally undisturbed forest stands, whose character is not significantly affected by human
activities (e.g., forest management)." Id.
Mr. Paul Rawls, Section Chief
October 27, 2008
Page 2
Additionally, in 2005, James D. Gregory, Department of Forestry and Environmental
Resources, North Carolina State University, published "Forested Wetlands Types of North
Carolina Where Mechanical Site Preparation for Planting Pine Requires a 404 Permit" ("Gregory
2005," attached). The purpose of the paper was stated as "additional guidance for assessing the
criteria listed in the [EPA/Corps Memorandum referenced above]." That paper emphasizes the
importance of the "high quality" determination as being "the key issue in determining whether a
current stand that generally meets the criteria ...meets all of the criteria of the definition."
(emphasis in the original). Id. at 17-18. With respect to nonriverine hardwood forests, the paper
concludes that vegetation indicators include "dominant trees in the stand at least 75 years old and
minimum 20 in dbh; greater than 50% of the basal area of the overstory in swamp chestnut oak,
cherrybark oak, or laurel oak alone or in combination." Id. at 18.
2. Application to Bonnerton Site Surveys.
The site survey of the Bonnerton tract performed by the N.C. Natural Heritage Program
in 2005 (attached) does not appear to meet the requirements of these publications. With respect
to the dominant species, that survey states that the "canopy is dominated by [nine named
species]", p. 2, but does not report the extent to which swamp chestnut oak and laurel oak (the
only two of the three indicator species found on the Bonnerton tract') make up that community.
A more recent survey of the Bonnerton tract performed by Environmental Services, Inc. (July 7,
2008, attached) found that all "oaks" (including willow and water oaks, which are abundant but
not indicator species) comprise less than 16% of the standing trees on the Bonnerton tract.2
Nor does the Bonnerton tract appear to meet the criteria for concluding that it is "high
quality," which is "the key issue in determining whether a current stand that generally meets the
criteria ... meets all of the criteria of the definition." Gregory 2005, at 18. The DENR survey
describes the dominant trees as averaging 12" dbh, p. 2, as compared to the minimum
EPA/Corps requirement of 75 years of age and 20" dbh noted above. Further, It is clearly not an
"undisturbed forest stand" [EPA/Corps Memo., p. 3] and indeed shows significant alteration by
human activity. As discussed in our October 20 letter, the Bonnerton tract is the result of human
activity (the selective thinning of pines and merchantable hardwoods), and continues to show
signs of such activity.
' The DENR survey does not report any of the third indictor species - cherrybark oak.
2 Neither this survey nor the DENR survey calculated basal areas of species. If an
accurate basal area survey is conducted, it is highly unlikely that the EPA/Corps criteria (50%
basal area) will be met. Indeed, in the publication, "Nonriverine Wet Hardwood Forest in North
Carolina, Status and Trends," Michael P. Schafale, January 2008 ("Schafale 2008"), it is reported
that the "best [nonriverine wet hardwood forests] remnants known [in North Carolina] ... found
oaks to be 1.2% to 50% of basal area". Id. at 3.
Mr. Paul Rawls, Section Chief
October 27, 2008
Page 3
B. Hydrology
The other primary indicator (hydrology) is somewhat harder to evaluate. The EPA/Corps
Memorandum (p. 3) does not use any specific, quantified criteria (such as a percentage of the
growing season in which the soil is saturated), but simply states that a nonriverine wet hardwood
forest is "seasonally flooded or saturated by high water tables." Id. at 198. The NHP site survey
conducted in 2005 states (without citation to observational data) that the flat "is seasonally
saturated to shallowly flooded." To the best of our knowledge, there is no hydrologic well
monitoring data for this tract and no other specific data to support a finding that the Bonnerton
tract is "seasonally flooded or saturated."
Conclusion
As pointed out in our October 20, 2008 letter, there is no statutory or regulatory basis for
giving the NHP listing of the Bonnerton tract any regulatory import. This letter points out that
the listing itself does not appear to be justified: The Bonnerton tract does not meet the
EPA/Corps criteria to be classified as a nonriverine wet hardwood forest, and PCS could engage
in various silvicultural activities consistent with the EPA/Corps Memorandum without a § 404
permit. We submit that the NHP decision to list the Bonnerton tract was either an error or is an
application of vague and undefined criteria that are inconsistent with the more specific
EPA/Corps guidance. It seems to us incongruous that a tract which the EPA and Corps do not
believe merits § 404 protection could be considered nationally significant, particularly in the
absence (as pointed out in our October 20, 2008 letter) of clear statutory authority, properly
promulgated regulations, and authorized, formal agency action. Since the current § 401
application is pursuant to the § 404 permit application and rules, PCS submits that the
EPA/Corps interpretations should control.
We look forward to working with you to obtain the § 401 certification.
Sincerely,
George W. House
GWH/mfm
Enclosures
cc: Sec. William G. Ross, Jr. DENR
John Dorney, DENR
Mary Penny Thompson, Esq., DENR
Colleen Sulins, DENR
Ross Smith, PCS Phosphate, Company, Inc.
Brooke Lamson, Esq. USACE
Tom Walker, USACE
Derb Carter, Esq., SELC
+EPA > Wetlands > MEMORANDUM: Application of Best Management Practices to Mec... Page 1 of 7
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?c PRoi of Best Management Practices to Mechanical Silvicultural Site Preparation Activities for the
Establishment of Pine Plantations in the Southeast
Laws, Regulations, MEMORANDUM: Application of Best
Guidance, and
Scientific Documents Management Practices to Mechanical
State,
Local Initiatives

Local

Silvicultural Site Preparation Activities for
Landowners the Establishment of Pine Plantations in
Water Quality and the Southeast
401 Certification
Monitoring and
Assessment MEMORANDUM TO THE FIELD -- Corps and EPA Regulatory Program Chiefs
Wetlands and
Watersheds
SUBJECT: Application of Best Management Practices to Mechanical Silvicultural

Restoration Site Preparation Activities for the Establishment of Pine Plantations in the
Southeast
Education
In Your Area This memorandum (1) clarifies the applicability of forested wetlands best
management practices to mechanical silvicultural site preparation activities for the
establishment of pine plantations in the Southeast. Mechanical silvicultural site
preparation activities (Z)conducted in accordance with the best management
practices discussed below, which are designed to minimize impacts to the aquatic
ecosystem, will not require a Clean Water Act Section 404 permit. These best
management practices further recognize that certain wetlands should not be
subject to unpermitted mechanical silvicultural site preparation activities because of
the adverse nature of potential impacts associated with these activities on these
sites.
This memorandum recognizes State expertise that is reflected in the development
and implementation of regionally specific best management practices (BMPs)
associated with forestry activities in wetlands. Such BMPs encourage sound
silvicultural operations while providing protection of certain wetlands functions and
values. The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental
Protection Agency (EPA) believe that it is appropriate to apply the Clean Water Act
Section 404 program in a manner that builds from, and is consistent with, this State
experience. The Agencies will support and assist State efforts to build upon these
BMPs at the State level, to ensure that mechanical silvicultural site preparation is
conducted in a manner that best reflects the specific wetlands resource protection
and management goals of each State.
Introduction
Forested wetlands exhibit a wide variety of water regimes, soils, and vegetation
types that in turn provide a myriad of functions and values. The States in the
Southeast contain forested wetlands systems that in many cases are also subject
to ongoing timber operations. In developing silvicultural BMPs, States have
identified those specific forestry practices that will protect water quality. This
guidance was developed to respond to questions regarding the applicability of
Section 404 to mechanical silvicultural site preparation activities. EPA and the
Corps relied extensively on existing State knowledge to protect aquatic ecosystems
with BMPs, including the types of wetlands, types of activities, and BMPs described
below.
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This memorandum reflects information gathered from the southeastern United
States, where mechanical silvicultural site preparation activities are associated with
the establishment of pine plantations in wetlands. U. As such, this memorandum,
and particularly the descriptions of wetlands, activities, and BMPs, necessarily
focus on this area of the country. However, the guidance presented is generally
applicable when addressing mechanical silvicultural site preparation activities in
wetlands elsewhere in the country.
Circumstances Where Mechanical Silvicultural Site Preparation Activities
Require a Permit
The States, in coordination with the forestry community and the public, have
recognized that mechanical silvicultural site preparation activities may have
measurable and significant impacts on aquatic ecosystems when conducted in
wetlands that are permanently flooded, intermittently exposed, and semi-
permanently flooded, and in certain additional wetland communities that exhibit
aquatic functions and values that are more susceptible to impacts from these
activities. For the wetland types identified in this section, it is most effective to
evaluate proposals for site preparation and potential associated environmental
effects on a case-by-case basis as part of the individual permit process. Therefore,
mechanical silvicultural site preparation activities in the areas listed below require a
permit. (4)
A permit will be required in the following areas unless they have been so altered
through past practices (including the installation and continuous maintenance of
water management structures) as to no longer exhibit the distinguishing
characteristics described below (see "Circumstances Where Mechanical
Silvicultural Site Preparation Activities Do Not Require a Permit" below). Of course,
discharges incidental to activities in any wetlands that convert waters of the United
States to non-waters always require authorization under Clean Water Act Section
404.
1) Permanently flooded, intermittently exposed, and semi-permanently flooded
wetlands. The hydrology of permanently flooded wetland systems is
characterized by water that covers the land surface throughout the year in all
years. The hydrology of intermittently exposed wetlands is characterized by
surface water that is present throughout the year except in years of extreme
drought. The hydrology of semi-permanently flooded wetlands is characterized
by surface water that persists throughout the growing season in most years
and, when it is absent, the water table is usually at or very near the land
surface. (fl
Examples typical of these wetlands include Cypress-Gum Swamps, Muck and
Peat Swamps, and Cypress Strands/Domes.
2) Riverine Bottomland Hardwood wetlands: seasonally flooded (or wetter)
bottomland hardwood wetlands within the first or second bottoms of the
floodplains of river systems. Site-specific characteristics of hydrology, soils,
vegetation, and the presence of alluvial features elaborated in paragraphs a, b,
and c below will be determinative of the boundary of riverine bottomland
hardwood wetlands. National Wetlands Inventory maps can provide a useful
reference for the general location of these wetlands on the landscape.
a) the hydrologic characteristics included in this definition refer to
seasonally flooded or wetter river floodplain sites where overbank flooding
has resulted in alluvial features such as well-defined floodplains,
bottoms/terraces, natural levees, and backswamps. For the purposes of
this guidance definition, "seasonally flooded" bottomland hardwood
wetlands are characterized by surface water that is present for extended
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periods, especially early in the growing season M (usually greater than 14
consecutive days), but is absent by the end of the season in most years.
When surface water is absent, the water table is often near the land
surface. Field indicators of the presence of surface water include water-
stained leaves, drift lines, and water marks on trees.
b) the vegetative characteristics included in this definition refer to forested
wetlands where hardwoods dominate the canopy. For the purposes of this
guidance definition, riverine bottomland hardwoods do not include sites in
which greater than 25% of the canopy is pine.
c) the soil characteristics included in this definition refer to listed hydric
soils that are poorly drained or very poorly drained. For the purposes of
this guidance definition, riverine bottomland hardwoods do not include
sites with hydric soils that are somewhat poorly drained or that, at a
particular site, do not demonstrate chroma, concretions, and other field
characteristics verifying it as a hydric soil.
3) White Cedar Swamps: wetlands, greater than one acre in headwaters and
greater than five acres elsewhere, underlain by peat of greater than one meter,
and vegetated by natural white cedar representing more than 50% of the basal
area, where the total basal area for all tree species is 60 square feet or
greater.
4) Carolina Bay wetlands: oriented, elliptical depressions with a sand rim,
either a) underlain by clay-based soils and vegetated by cypress; or, b)
underlain by peat of greater than one-half meter and typically vegetated with
an overstory of Red, Sweet, and Loblolly Bays.
5) Non-riverine Forest Wetlands: wetlands in this group are rare, high quality
wet forests, with mature vegetation, located on the Southeastern coastal plain,
whose hydrology is dominated by high water tables. Two forest community
types fall into this group: (7)
a) Non-riverine Wet Hardwood Forests -- poorly drained mineral soil
interstream flats (comprising 10 or more contiguous acres), typically on the
margins of large peatland areas, seasonally flooded or saturated by high
water tables, with vegetation dominated (greater than 50% of basal area
per acre) by swamp chestnut oak, cherrybark oak, or laurel oak alone or in
combination.
b) Non-riverine Swamp Forests -- very poorly drained flats (comprising 5
or more contiguous acres), with organic soils or mineral soils with high
organic content, seasonally to frequently flooded or saturated by high
water tables, with vegetation dominated by bald cypress, pond cypress,
swamp tupelo, water tupelo, or Atlantic white cedar alone or in
combination.
The term "high quality" used in this characterization refers to generally
undisturbed forest stands, whose character is not significantly affected by
human activities (e.g., forest management). Non-riverine Forest wetlands
dominated by red maple, sweetgum, or loblolly pine alone or in combination
are not considered to be of high quality, and therefore do not require a permit.
6) Low Pocosin wetlands: central, deepest parts of domed peatlands on poorly
drained interstream flats, underlain by peat soils greater than one meter,
typically vegetated by a dense layer of short shrubs.
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7) Wet Marl Forests: hardwood forest wetlands underlain with poorly drained
marl-derived, high pH soils.
8) Tidal Freshwater Marshes: wetlands regularly or irregularly flooded by
freshwater with dense herbaceous vegetation, on the margins of estuaries or
drowned rivers or creeks.
9) Maritime Grasslands Shrub Swamps, and Swamp Forests: barrier island
wetlands in dune swales and flats, underlain by wet mucky or sandy soils,
vegetated by wetland herbs, shrubs, and trees.
Circumstances Where Mechanical Silvicultural Site Preparation Activities Do
Not Require a Permit
Mechanical silvicultural site preparation activities in wetlands that are seasonally
flooded, intermittently flooded, temporarily flooded, or saturated, or in existing pine
plantations and other silvicultural sites (except as listed above), minimize impacts
to the aquatic ecosystem and do not require a permit if conducted according to the
BMPs listed below. Of course, silvicultural practices conducted in uplands never
require a Clean Water Act Section 404 permit.
The hydrology of seasonally flooded wetlands is characterized by surface water
that is present for extended periods, especially early in the growing season, but is
absent by the end of the season in most years (when surface water is absent, the
water table is often near the surface). The hydrology of intermittently flooded
wetland systems is characterized by substrate that is usually exposed, but where
surface water is present for variable periods without detectable seasonable
periodicity. The hydrology of temporarily flooded wetlands is characterized by
surface water that is present for brief periods during the growing season, but also
by a water table that usually lies well below the soil surface for most of the season.
The hydrology of saturated wetlands is characterized by substrate that is saturated
to the surface for extended periods during the growing season, but also by surface
water that is seldom present. M
Examples typical of these wetlands include Pine Flatwoods, Pond Pine Woodlands,
and Wet Flats (e.g., certain pine/hardwood forests).
Best Management Practices
Every State in the Southeast has developed BMPs for forestry to protect water
quality and all but two have also developed specific BMPs for forested wetlands.
These BMPs have been developed because silvicultural practices have the
potential to result in impacts to the aquatic ecosystem. Mechanical silvicultural site
preparation activities include shearing, raking, ripping, chopping, windrowing, piling,
and other similar physical methods used to cut, break apart, or move logging debris
following harvest. Impacts such as soil compaction, turbidity, erosion, and
hydrologic modifications can result if not effectively controlled by BMPs. States
have developed BMPs that address not only types of wetlands and types of
activities, but also detail specific measures to protect water quality through
establishing special management zones, practices for stream crossings, and
practices for forest road construction.
In developing forested wetlands BMPs, States in the Southeast have recognized
that certain silvicultural site preparation techniques are more effective when
conducted in areas that have drier water regimes. The BMPs stated below
represent a composite of State expertise to protect water quality from silvicultural
impacts. These BMPs also address the location, as well as the nature, of activities.
The Corps and EPA believe that these forested wetlands BMPs are effective in
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EPA > Wetlands > MEMORANDUM: Application of Best Management Practices to Mec... Page 5 of 7
protecting water quality and therefore are adopting them to protect these functions
and values considered under Section 404.
The following forested wetlands BMPs are designed to minimize the impacts
associated with mechanical silvicultural site preparation activities in circumstances
where these activities do not require a permit (authorization from the Corps is
necessary for discharges associated with silvicultural site preparation in wetlands
described above as requiring a permit. The BMPs include, at a minimum, the
following:
1) position shear blades or rakes at or near the soil surface and windrow, pile,
and otherwise move logs and logging debris by methods that minimize
dragging or pushing through the soil to minimize soil disturbance associated
with shearing, raking, and moving trees, stumps, brush, and other unwanted
vegetation;
2) conduct activities in such a manner as to avoid excessive soil compaction
and maintain soil tilth;
3) arrange windrows in such a manner as to limit erosion, overland flow, and
runoff;
4) prevent disposal or storage of logs or logging debris in streamside
management zones -- defined areas adjacent to streams, lakes, and other
waterbodies - to protect water quality;
5) maintain the natural contour of the site and ensure that activities do not
immediately or gradually convert the wetland to a non-wetland; and
6) conduct activities with appropriate water management mechanisms to
minimize off-site water quality impacts.
Implementation
EPA and the Corps will continue to work closely with State forestry agencies to
promote the implementation of consistent and effective BMPs that facilitate sound
silvicultural practices. In those States where no BMPs specific to mechanical
silvicultural site preparation activities in forested wetlands are currently in place,
EPA and the Corps will coordinate with those States to develop BMPs. In the
interim, mechanical silvicultural site preparation activities conducted in accordance
with this guidance will not require a Section 404 permit.
In order to ensure consistency in the application of this guidance overtime,
changes to the vegetation of forested wetlands associated with human activities
conducted after the issuance of this guidance will not alter its applicability. For
example, this guidance is not intended to establish the requirement for a permit for
mechanical silvicultural site preparation where tree harvesting results in the
establishment of site characteristics for which a permit would otherwise be required
(e.g., where the selective cutting of naturally occurring pine in a Riverine
Bottomland Hardwood wetland site with originally greater than 25% pine in the
canopy results in a site "where hardwoods dominate the canopy"). In a similar
manner, while harvesting of timber consistent with the requirements of Section 404
(f) is exempt from regulation and natural changes (e.g., wildfire, succession) may
change site characteristics, human manipulation of the vegetative characteristics of
a site does not alter its status for the purposes of this guidance (e.g., removal of all
the Atlantic White Cedar in an Atlantic White Cedar Swamp does not eliminate the
need for a permit for mechanical silvicultural site preparation if the area would have
required a permit before the removal of the trees).
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EPA > Wetlands > MEMORANDUM: Application of Best Management Practices to Mec... Page 6 of 7
Finally, the Agencies will encourage efforts at the State level to identify additional
wetlands which may be of special concern and could be incorporated into State
BMPs and cooperative programs, initiatives, and partnerships to protect these
wetlands. To facilitate this effort, stakeholders are encouraged to develop a
process after the issuance of this guidance to identify and protect unique and rare
wetland sites on lands of the participating stakeholders. EPA and the Corps will
monitor the application of this guidance, progress with conserving special wetland
sites through cooperative programs and initiatives, and consider any new
information, such as advances in silvicultural practices, improvements to State
BMPs, or data relevant to potential impacts to wetlands, to determine whether the
list of wetlands subject to the permit requirement should be modified or other
revisions to this guidance are appropriate.
Further Information
The Corps and EPA will work closely with the States, forestry community, and
public to answer any questions that may arise with regard to this guidance. For
further information on this memorandum, please contact Mr. John Goodin of EPA's
Wetlands Division at [phone] or Mr. Sam Collinson of the Corps of
Engineer's Regulatory Branch at [phone]. The public may also contact:
EPA Region IV Tom Welborn
EPA Region VI Bill Cox
EPA Region III
Corps Wilmington District
Corps Charleston District
Corps Savannah District
Corps Jacksonville District
Corps Norfolk District
Corps Mobile District
Barbara D'Angelo
Wayne Wright
Bob Riggs
Nick Ogden
John Hall
Woody Poore
Ron Krizman
Corps Little Rock District Louie Cockman
Corps Memphis District Larry Watson
Corps Nashville District Randy Castleman
Corps New Orleans District Ron Ventola
Corps Vicksburg District Beth Guynes
Robert H. Wayland, III
Director, Office of Wetlands, Oceans,
and Watersheds
U.S. Environmental Protection Agency
[phone] ext.6507
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
Michael L. Davis
Chief, Regulatory Branch
U.S. Army Corps of Engineers
(1) This guidance is written to provide interpretation and clarification of existing
EPA and Corps regulations and does not change any substantive requirements of
these regulations. This memorandum is further intended to provide clarification
regarding the exercise of discretion under current agency regulations.
(2) Mechanical silvicultural site preparation activities include shearing, raking,
ripping, chopping, windrowing, piling, and other similar physical methods used to
cut, break apart, or move logging debris following harvest for the establishment of
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pine plantations.
(3) Information was considered from the following States in the Southeast. Virginia,
North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama,
Mississippi, Louisiana, and Arkansas.
(4) The community descriptions draw extensively from: Schafale, M. P., and A. S.
Weakley. 1990. Classification of the Natural Communities of North Carolina. North
Carolina Natural Heritage Program, Raleigh, NC. 325pp.
(5)Cowardin, L.M., et al. 1979. Classification of wetlands and deepwater habitats of
the United States. U. S. Fish and Wildlife Service, Washington, DC. 131 pp.
(6) Consistent with the 1987 Corps of Engineers Wetlands Delineation Manual,
growing season starting and ending dates are determined by the 28 degrees F or
lower temperature threshold.
(7) These forest types are a subset of those described in Schafale and Weakley,
1990.
(8) Cowardin et al., 1979.
(9)Contact the nearest Corps District listed at the end of this document for further
information.
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http://www.epa.gov/owow/wetlands/guidance/silv2.html 10/22/2008

FORESTED WETLAND TYPES OF NORTH CAROLINA WHERE MECHANICAL
SITE PREPARATION FOR PLANTING PINE REQUIRES A 404 PERMIT
James D. Gregory, CPSS, PWS, PhD
Department of Forestry and Environmental Resources
North Carolina State University
Revised, May, 2005
INTRODUCTION
U.S. Environmental Protection Agency (USEPA) and U.S. Army Corps of Engineers
(USACE) Memorandum to the Field, dated November 28, 1995, subject: Memorandum:
Application of Best Management Practices to Mechanical Silvicultural Site Preparation
Activities for the Establishment of Pine Plantations in the Southeast (Memorandum)
(http://www.epa.gov/owow/wetlands/v-uidance/silv2.html) is a clarification of the forestry
exemption from the permit requirements of Section 404 of the Clean Water Act. Particular
circumstances, including nine specific forested wetland types (non-exempt wetlands), are
described in the Memorandum in which a Section 404 permit is required for conducting
mechanical site preparation for the purpose of establishing a pine plantation. This paper
provides additional guidance for assessing the criteria listed in the Memorandum for
Circumstances Where Mechanical Silvicultural Site Preparation Activities Require a Permit in
regard to forested wetlands in North Carolina.
The need for this paper is seen in the definitions of the non-exempt wetland types in the
Memorandum. The definitions are imprecise, using nomenclature and criteria that were designed
for wetlands classification not jurisdictional delineation. The intent here is to provide reasonable
interpretations of certain criteria or to offer additional criteria, where appropriate, that will assist
in field delineations. The information provided herein is based on the literature and the
knowledge and experience of the author and represents best professional judgment in the
interpretation of the provisions of the Memorandum. The information does not represent the
views of the USEPA or USACE. Questions about the applicability of the Memorandum to a
specific site should be directed to personnel of the USACE.
The source for many of the wetland type names in the Memorandum is: Classification of
the Natural Communities of North Carolina. Third Approximation (Schafale and Weakley,
1990) (http://ils.unc.edu/parkproject/nhp/publication.htm). Those wetland type names are
commonly used among ecologists and wetland scientists and that convention will be followed
here. In addition, some terms come from terminology in the US Fish and Wildlife Service
(FWS) wetlands classification system: Classification of Wetlands and Deepwater Habitats of the
United States (Cowardin, et al., 1979) (http://www.nwi.fws.gov/Pubs Reports/publ.i.htm). The
FWS classification system is used on National Wetlands Inventory (NWI) maps
(http://www.nwi.fws.gov/).
The most important common denominator for all of the nine wetland types listed is the soil
mapping unit (dominant soil series). The flooding frequency/duration criteria used in many of
t
the non-exempt wetlands descriptions (e.g., semi-permanently flooded) are water regime
descriptors from the FWS wetlands classification. These hydrology criteria cannot be evaluated
in most situations without extensive data on the water table hydroperiod (annual pattern of
temporal variation). However, the transition from a flood plain alluvial soil to an upland soil
(standard soil series descriptors) is an excellent indicator of the flood plain boundary. Some of
the non-exempt wetlands descriptions refer to organic soils and some to soil drainage class.
These data may be determined from the soil series taxonomic classification and soil series
description.
IMPLEMENTATION APPROACH
Determining whether a particular forested wetland site is subject to the Section 404 permit
requirements of the Memorandum is a three-step process. The Memorandum applies only to
areas that are jurisdictional wetland as determined by an application of the procedures
described in the Corps of Engineers Wetlands Delineation Manual (online edition) (USACE,
1987) (http://www.wes.army.mil/el/wetlands/wetlands.html#wrtc) and current policies of
USEPA and USACE regarding isolated wetlands. Therefore, the first step is to conduct a
wetland determination on the site in question. If the site meets the jurisdictional wetlands
definitions and criteria, determine whether the site is isolated. If there is jurisdictional wetland
on the site, the third step is to evaluate the criteria of the Memorandum within the area of
jurisdictional wetland and delineate the area to which the Memorandum applies.
HYDROLOGIC CRITERIA
Water Regime Modifiers of the FWS Classification
The water regime modifiers of the FWS classification are used in Schafale and Weakley
(1990) as hydrology indicators and are also used in the descriptions of several of the non-exempt
wetlands types listed in the Memorandum. Except for permanently flooded, these water regime
descriptions are very general and imprecise indicators of the hydrologic character of wetlands.
Their intended purpose is classification (for which they are quite useful) not delineation.
Application of the regimes to specific sites on NWI maps are estimates based on the judgment of
the photo-interpreters and the estimated correlations of vegetation types with specific water
regimes. The information on water regimes in the natural community classes described in
Schafale and Weakley (1990) uses the FWS definitions but is also based on information in the
literature and the experience and professional judgment of the authors. Soil type and hydrologic
indicators give some strong clues about the hydrologic regime on sites with long periods of
flooding or near surface water tables. However, the only way to confirm the hydrologic regime
on a particular site is to collect water table data for an indefinite period of time, that period of
time to be determined by negotiation with the appropriate USACE representative.
Nontidal Water Regimes
Permanently flooded - water covers the land surface throughout the year in all years.
Intermittently exposed - surface water is present throughout the year except in years of extreme
drought.
Semi permanently flooded - surface water persists throughout the growing season in most years.
When surface water is absent, the water table is usually at or very near the land surface.
2
c
Seasonally flooded - surface water is present for extended periods, especially early in the
growing season, but is absent by the end of the growing season in most years. When surface
water is absent, the water table is often near the land surface.
Saturated - the substrate is saturated to the surface for extended periods during the growing
season, but surface water is seldom present.
Temporarily flooded - surface water is present for brief periods during the growing season, but
the water table usually lies well below the soil surface for most of the season. Plants that
grow both in uplands and wetlands are characteristic of the temporarily flooded regime.
Intermittently flooded - the substrate is usually exposed, but surface water is present for variable
periods without detectable seasonal periodicity. Weeks, months, or even years may
intervene between periods of inundation. The dominant plant communities under this
regime may changes as soil moisture conditions change. Some areas exhibiting this regime
do not fall within our definition of wetland because they do not have hydric soils or support
hydrophytes.
Artificially flooded - the amount and duration of flooding is controlled by means of pumps or
siphons in combination with dikes or dams. The vegetation growing on these areas cannot
be considered a reliable indicator of water regime.
Tidally Influenced Wetlands in the Palustrine, Lacustrine, and Riverine Systems
The Palustrine, Lacustrine, and Riverine systems of the FWS classification are freshwater
systems but forested examples of such systems may occur in areas where tides influence the
flooding regimes. A common example in NC is the Tidal Cypress-Gum Swamp which is found
throughout the estuarine region of the Coastal Plain. Such ecosystems are close enough to the
mouths of estuaries to be tidally influenced but far enough away to be dominated by freshwater.
Permanently flooded tidal - subtidal and irregularly exposed wetlands and deepwater habitats
Regularly flooded tidal - wetlands regularly flooded by the tide
Seasonally flooded tidal - wetlands that are irregularly flooded by tides
Inundation Definitions of the Natural Resources Conservation Service (NRCS)
The FWS definition of inundation differs from that used by the NRCS in soils descriptions.
In the FWS water regime definitions, the term "flooding" refers to surface inundation regardless
of the source of the water or whether the water is moving or stagnant. The NRCS definitions
that apply to hydric soils are as follows:
flooded - a condition in which the soil surface is temporarily covered with flowing water from
any source, such as streams overflowing their banks, runoff from adjacent or surrounding
slopes, inflow from the high tides, or any combination of sources.
ponded - a condition in which water stands in a closed depression. The water is removed only
by percolation, evaporation, or transpiration
(http://soils.usda.gov/soil_use/hydric/intro.htm)
River Type
A very high proportion of the total area of the non-exempt wetlands occurs in the Coastal
Plain where there are two clear types of riverine wetlands: brownwater ecosystems and
blackwater ecosystems (Schafale and Weakley, 1990). The equivalent terms "red river bottom"
and "black river bottom" have long been used by foresters. However, Schafale and Weakley's
3
terms are used here for consistency with their wetland community type names and descriptions.
Brownwater rivers are those that arise in the Piedmont and flow through the Coastal Plain.
Blackwater rivers are those that are confined solely to the Coastal Plain. Compared to
brownwater rivers, the blackwater rivers typically have shorter, more erratic, and lower energy
floods. The water has lower levels of suspended sediments and nutrients, lower acidity, and
much higher levels of dissolved organic materials. These hydrologic and water quality
differences influence differences in the flood plain soils, microtopography, and the vegetative
community composition.
Growing Season
Growing season as used in the FWS water regimes is defined very generally as the frost-free
season (Cowardin et al., 1979). However, the Memorandum specifies that the growing season
definition shall be consistent with the 28 degrees F air temperature criterion for growing season
in the Corps of Engineers Wetlands Delineation Manual (online edition)(USACE 1987). That
definition is: the growing season is the time between the average dates (5 years out of ten) of the
last day in the spring and the first day in the fall on which the minimum daily air temperature fell
to 28 ° F for the period of record. Two sources for that data are authorized by the delineation
manual, soil survey publications and data available from the NRCS Water and Climate Center in
Portland, OR. Recently published soil surveys have the average growing season beginning and
ending dates in Table 2 - Freeze Dates in Spring and Fall for the climate station that is most
centrally located in the county. Those data were computed from the National Weather Service's
(NWS) 1951-1980, or 1961-1990 climatic data set or subsets of those data in some cases. The
growing season data for the 1971-2000 climatic data set is available online from the NRCS
Water and Climate Center (http://www.wcc.nres.usda.gov/climate/wetlands.html) where the data
from all stations in the NWS data set are available by county.
Hydrologic Alteration
One caveat in the Memorandum refers to alteration of a forested wetland site that may
otherwise be subject to the provisions of the Memorandum. A permit will be required in the
following areas unless they have been so altered through past practices (including the
installation and continuous maintenance of water management structures) as to no longer
exhibit the distinguishing characteristics described below. It is likely that this exception will
apply to two types of situations:
• Forest stand alteration resulting from past timber harvesting and stand re-establishment.
High-graded natural stands may no longer meet the species composition and stand quality
criteria of the guidance or may have been replaced by plantations.
• Cases of hydrologic alteration including stream channelization or drainage system
installation.
Note that the caveat refers to water management practices that have been continuously
maintained, a practice allowed by the 404 regulations as part of the silviculture exemption.
Because of the widespread channelization of streams in eastern North Carolina in the first half of
this century, there are many forested flood plains with jurisdictional wetlands in which the
annual flooding duration has been significantly reduced from the natural regime. The hydrology
of areas of interfluvial wetlands may also have been permanently altered by drainage ditches.
However, any forestry drainage ditches installed since July 1, 1977 (33 CFR Part 330.3) must
have been installed in accordance with the provisions of the forestry exemption (33 CFR Part
4
323.4) and the area must still be a wetland. See the USACE web page for the referenced
regulations (http://www.usace.army.mil/inet/functions/cw/cecwo/re ).
Some of the earliest stream channelization and drainage ditch construction to drain forested
wetlands for agriculture began around 1910 in response to legislation that provided for the
establishment of drainage districts. Where hydrologic alteration occurred in the first few decades
of the century, it is likely that the species composition of current wetland hardwood stands is
reflective of the altered hydrology. Old-growth stands are extremely rare. Current stands have
regenerated since the hydrologic alteration, either as post-harvest natural regeneration or natural
succession following agricultural abandonment. However, much stream channelization and
ditching has occurred in the last 50-60 years. There are many areas where the dominant canopy
species in a hardwood overstory are reflective of an earlier, "wetter" hydrologic regime (longer
hydroperiod), but the current regime is much "drier", i.e. shorter recurrent periods of inundation
or saturation to the surface. The species composition of the overstory may fit one of the non-
exempt wetlands vegetation descriptions, but the required hydrologic regime is no longer
present. Such a site would not be subject to the permit requirements of the Memorandum;
however, the USACE would likely require water table data to prove the hydrologic alteration.
There are several useful indicators of hydrologic regimes in flood plains where flooding has
been significantly reduced, or in many situations, eliminated.
• presence of an intact, well-developed forest floor with both litter (L) and humus (H) layers,
indicating lack of flood events that scour the forest floor
• stained leaves are present only in depressions
• drift lines are not present
• water marks on trees are no longer distinct
• information from long-time local residents
• stream-gauge or water table data
• species present in the understory and ground cover are not the same as that normally found in
association with the dominant overstory species; i.e., species adapted to drier conditions are
invading.
Recent hydrologic alteration that resulted in a reduced hydroperiod is more difficult to detect
from on-site indicators in non-riverine forested wetlands. In such situations, the only accurate
method of hydroperiod evaluation is to collect water table data.
TREE AND CANOPY CRITERIA
The definitions of the non-exempt wetlands refer in several instances to the character of the
forest stand but do not precisely define certain descriptors. Therefore, it is recommended that the
following terms apply.
• canopy - synonymous with overstory; that portion of the trees in a forest that form the
uppermost canopy layer; consists of dominant, co-dominant, and intermediate trees.
• tree - minimum size synonymous with that specified by the USACE for wetland delineation,
3 in dbh (USACE, 1987).
• basal area - always means basal area of trees >_ 3 in dbh in ft2/ac
NON-EXEMPT WETLANDS
The format used here for describing the non-exempt wetlands of North Carolina includes the
following elements
Verbatim description from the Memorandum, in italics.
• Classifications in the hydrogeomorphic (HGM), NC Division of Water Quality (DWQ) and
FWS wetlands classification systems.
• General information
• Geomorphic setting
• Hydrologic character
• Character of soils
• Wetland types from Schafale and Weakley (1990) with descriptive information on
vegetation, where appropriate. Thus, the wetland community types of Schafale and Weakley
are used as classification subtypes where a non-exempt wetland definition is broadly defined
and covers a range of wetland community types. The vegetation descriptions included here
are limited to overstory and understory species; see Schafale and Weakley (1990) for
additional details on the herb layer.
• Indicators for delineation
1. Permanently flooded, intermittently exposed, and semi-permanently flooded wetlands
The hydrology of permanently flooded wetland systems is characterized by water that covers
the land surface throughout the year in all years. The hydrology of intermittently exposed
wetlands is characterized by surface water that is present throughout the year except in years of
extreme drought. The hydrology of semi permanently flooded wetlands is characterized by
surface water that persists throughout the growing season in most years and, when it is absent,
the water table is usually at or very near the land surface. Examples typical of these wetlands
include Cypress-Gum Swamps, Muck and Peat Swamps, and Cypress Strands/Domes.
Classifications
HGM - riverine, depressional, lacustrine fringe, tidal fringe
FWS - Palustrine System, Lacustrine System
DWQ - swamp forests
General Information
Type 1 of the non-exempt wetlands is actually a group of wetland types that share one
characteristic in common, inundation that is continuous or extends for a major portion of the
year. The FWS definition of the semi-permanently flooded water regime (the "drier" of the three
regimes) does not address inundation during the dormant season. However, in NC conditions,
wetlands that are flooded for much of the growing season are also flooded throughout the
dormant system. The Memorandum definition for Type 1 does not specifically refer to vegetation
type, but it is assumed that it is limited to forested ecosystems since the examples given are
forested wetlands.
Geomorphic Setting
The water regimes included here can occur in a variety of geomorphic settings, but the
extensive forested types are located predominantly in the lower Coastal Plain (as defined by
Daniels et al., 1999). The riverine wetland types occur along rivers of the lower Coastal Plain
that have significant flood plain development. The lacustrine wetland types are narrow fringes
occupied by trees on the margins of natural lakes. The depressional wetland types are narrow
fringes occupied by trees on the margins of smaller water bodies such as beaver ponds, oxbow
lakes, and mill ponds. The tidal fringe wetland types occur on the margins of freshwater sounds
6
and the freshwater zone of estuaries where the inundation of fringe wetlands are tidally
influenced.
Hydrologic Character
Described in the Type 1 definition.
Character of Soils
The hydric soils of these wetlands vary widely due to the variety of geomorphic settings but
it is likely that all are very poorly drained. The lower elevation flood plain soils are usually
organic, reflecting the long annual periods of inundation. Associates on the higher elevation
portions are usually loamy to sandy mineral soils that often have high organic matter content in
the surface layer. The soils of the freshwater estuary and sound margins and the fringes around
lakes and ponds range from sandy to loamy or clayey or organic.
Wetland Community Types
A. Cypress-Gum Swamp (Blackwater Subtype)
Sites: Lower elevation portions of the flood plains of blackwater rivers: back swamps, sloughs,
and swales.
Soils: Soil associations in floodplains with the longer flooding periods that occur in this
community commonly include an organic soil and one or more mineral soils, often with mucky
mineral surfaces. The organic soils occur in the lowest elevations where flooding duration is
longest and the mineral soils occur on slightly higher elevations. On flood plains with the
shorter flooding periods, soil associations may consist of a mucky mineral member and one or
more mineral soils. Examples include:
Waccamaw River flood plain, Brunswick County; soil association: Muckalee-Dorovan-Chowan
Muckalee loam; coarse-loamy, siliceous, nonacid, thermic Typic Fluvaquent
Dorovan muck; dysic, thermic Typic Haplosaprist
Chowan silt loam; fine-silty, mixed, nonacid thermic Thapto-Histic Fluvaquent
Lumber River flood plain, Robeson County; soil association: Johnston-Bibb
Johnston mucky loam; coarse-loamy, siliceous, acid, thermic Cumulic Humaquepts
Bibb sandy loam; coarse-loamy, siliceous, acid, thermic Typic Fluvaquent
Vegetation:
Canopy dominants: Nyssa biflora, Taxodium distichum, or T. ascendens
Understory often sparse: may include Fraxinus caroliniana, Nyssa biflora, Acer rubrum,
Planera aquatica, Persea palustris, Magnolia virginiana, Crataegus marshallii, Cepahlanthus
occidentalis, Cyrilla racemiflora, Clethra alnifolia and Lyonia lucida
Indicators for delineation:
7
Hydrology indicators (except where hydrologic alteration has occurred): Water marks high
on trees, buttressed trunks, entire forest floor has water staining (forest floor may be absent due
to flood scouring), evidence of surface erosion.
Soil indicators: Soil boundary between the alluvial soil and the adjacent upland soil (see soil
series descriptions). Soil boundary with inclusions of higher elevation areas that have a
bottomland hardwood community.
Vegetation indicators: Boundary of the stand that is dominated by cypress and gum; no
density criteria are given in the Memorandum; recommend stand criterion of a minimum of 60%
of basal area of overstory trees (dominant, co-dominant, and intermediate) in cypress and gum.
B. Cypress-Gum Swamp (Brownwater subtype)
Sites: Lower elevation portions of the flood plains of brownwater rivers: back swamps, sloughs,
and swales.
Soils: same as for blackwater subtype. Examples include:
Neuse River flood plain, Craven County; soil association: Masontown-Muckalee-Dorovan
Masontown mucky fine sandy loam; coarse-loamy, siliceous, nonacid, thermic Cumulic
Humaquept
Muckalee loam; coarse-loamy, siliceous, nonacid, thermic Typic Fluvaquent
Dorovan muck; dysic, thermic Typic Haplosaprist
Roanoke River flood plain, Martin County; soil association: Chastain-Bibb-Dorovan
Chastain silt loam; fine, mixed, acid, thermic Typic Fluvaquent
Bibb sandy loam; coarse-loamy, siliceous, acid, thermic Typic Fluvaquent
Dorovan muck; dysic, thermic Typic Haplosaprist
Vegetation:
Canopy dominants: Nyssa aquatica and Taxodium distichum
Other canopy species: Salix nigra, Populus heterophylla, Carya aquatica
Understory: Fraxinus caroliniana
Indicators for delineation:
Same as for blackwater subtype with one additional:
Hydrology - entire forest floor has sediment deposits
C. Tidal Cypress-Gum Swamp
Sites: Margins of freshwater sounds and mouths of both blackwater and brownwater rivers with
regular or irregular freshwater tides.
Hydrology: Distinguished from other Cypress-Gum Swamps because tidal flooding
predominates over river flooding; regularly to irregularly flooded with freshwater lunar or wind
tides.
Soils: Soils are generally similar to those in the other Gum-Cypress Swamps, but usually more
dominated by organic soils. Examples include:
Albemarle Sound border of Dare County; soil association: Hobonny-Carteret-Currituck
Hobonny muck; euic, thermic Typic Haplosaprist
Carteret sand; mixed, thermic Typic Psammaquent
Currituck mucky peat; sandy or sandy-skeletal, mixed, euic, thermic Terric Haplosaprist
Holston Creek, Jones County; soil association: Muckalee
Muckalee loam; coarse-loamy, siliceous, nonacid, thermic Typic Fluvaquent
Vegetation:
Canopy dominants: Taxodium distichum, Nyssa aquatica, Nyssa biflora
Other canopy species: Pinus taeda, Acer rubrum
Understory: Acer rubrum, Nyssa biflora, Persea palustris, Magnolia virginiana, Fraxinus
caroliniana, Juniperus virginiana
Indicators for delineation:
Same as A or B. Forest floor may be absent in areas affected by high energy tidal flows or
wave action.
D. Lacustrine and depressional cypress-gum wetlands (not a Schafale and Weakley
classification)
Sites: Lacustrine - narrow fringes on the shore lines of various sized water bodies; natural lakes
in the lower Coastal Plain; large mill ponds; large beaver ponds, etc. Depressional types may
occur in small Coastal Plain depressions (sinkhole wetlands, Coastal Plain Ponds), small flood
plain ponds, beaver ponds, mill ponds, etc. Examples include: cypress stands on the margins of
Phelps Lake, White Lake, Lake Waccamaw, etc. and large Coastal Plain depressions in the
Croatan National Forest that have cypress or gum-cypress stands. Numerous examples of small
sinkhole wetlands are present on the Cool Springs Environmental Education Center.
2. Riverine bottomland hardwood wetlands
Seasonally flooded (or wetter) bottomland hardwood wetlands within the first or second
bottoms of the flood plains of river systems. Site-specific characteristics of hydrology, soils,
vegetation, and the presence of alluvial features elaborated in paragraphs a, b, and c below will
be determinative of the boundary of riverine bottomland hardwood wetlands. National Wetlands
Inventory maps can provide a useful reference for the general location of these wetlands on the
landscape.
a. The hydrologic characteristics included in this definition refer to seasonally flooded or
wetter river flood plain sites where overbank flooding has resulted in alluvial features such
as well-defined flood plains, bottoms/terraces, natural levees, and backswamps. For the
purposes of this guidance definition, "seasonally flooded" bottomland hardwood wetlands
are characterized by surface water that is present for extended periods, especially early in
the growing season (usually greater than 14 consecutive days), but is absent by the end of
the growing season in most years. When surface water is absent, the water table is often
9
near the land surface. Field indicators of the presence of surface water include water-
stained leaves, drift lines, and water marks on trees.
b. The vegetative characteristics included in this definition refer to forested wetlands
where hardwoods dominate the canopy. For the purposes of this guidance definition,
riverine bottomland hardwoods do not include sites in which greater than 25% of the
canopy is pine.
c. The soil characteristics included in this definition refer to listed hydric soils that are
poorly drained or very poorly drained. For the purposes of this guidance definition,
riverine bottomland hardwoods do not include sites with hydric soils that are somewhat
poorly drained or that, at a particular site, do not demonstrate chroma, concretions, and
other field characteristics verifying it as a hydric soil.
Classifications
HGM - riverine
FWS - Palustrine System
DWQ - bottomland hardwood forests
Geomorphic Setting
Wetlands of Type 2 occur in the lower Coastal Plain (as defined by Daniels et al., 1999) and
consist of the seasonally flooded portions of extensive forested riverine wetlands systems along
the major rivers and the downstream portions of their principal tributaries. These wetlands occur
mainly along the major rivers that are included in the Large River Valleys and Flood Plain Soils
System as described by Daniels et al. (1999). The rivers included in that soils system are:
Chowan, Meherrin, Roanoke, Tar, Contentnea Creek, Neuse, Northeast Cape Fear, South, Cape
Fear, Big Swamp, Lumber, and Waccamaw. Type 2 wetlands may also occur to a limited extent
along the lower reaches of the some of the lesser blackwater rivers such as the Cashie, Pungo,
Trent, White Oak, and New. These wetlands may occur as extensive areas or intermixed with
cypress-gum swamp stands in flood plains that have complex microtopography.
Hydrologic Character
Described in the Type 2 definition.
Character of Soils
Soils are of alluvial origin and all are mineral soils with dominant profile textures ranging
from sandy to clayey.
Wetland Community Types
A. Coastal Plain Bottomland Hardwoods (Blackwater Subtype)
Sites: Abandoned or relict natural levee deposits, point bar ridges, terraces, and other relatively
high parts of the flood plain away from the channel.
Soils: Mineral soils of various textures, but often sandy. Blackwater flood plain systems do not
have the input of fine suspended sediments as do brownwater systems that contribute to
formation of fine-silty or clayey soils. Example:
10
Waccamaw River, Columbus County
Muckalee sandy loam; coarse-loamy, siliceous, nonacid, thermic Typic Fluvaquent
Johns fine sandy loam; fine-loamy over sandy or sandy-skeletal, siliceous, thermic Aquic
Hapludult
Lumbee fine sandy loam; fine-loamy over sandy or sandy-skeletal, siliceous, thermic Typic
Ochraquult
Vegetation:
Canopy dominants: Quercus laurifolia, Q. lyrata, Q. phellos, Q. nigra, Acer rubrum, Pinus
taeda, Chamaecyparis thyoides, and Liquidambar Styraciflua
Understory: Acer rubrum, Persea palustris, Ilex opaca, Magnolia virginiana; shrub layer
often dense, Vaccinium elliottii, Cyrilla racemiflora, Clethra alnifolia, Itea virginica
Indicators for delineation:
Hydrology indicators: Stained leaves common in small depressions, evidence of surface
erosion.
Soil indicators: Alluvial soil series that are poorly drained or very poorly drained. Soil
boundary between alluvial, poorly drained or very poorly drained soil and (1) the non-alluvial
upland soil or (2) the nonhydric alluvial soil.
Vegetation indicators: Boundary of mixed hardwood stand; mixed hardwoods dominate the
canopy; no more than 25 % of the basal area of overstory trees (dominant, co-dominant, and
intermediate) is pine.
B. Coastal Plain Bottomland Hardwoods (Brownwater Subtype)
Sites: Abandoned or relict natural levee deposits, point bar ridges, terraces, and other relatively
high parts of the flood plain away from the channel.
Soils: Mineral soils of various textures. Examples include:
Roanoke River flood plain, Martin County; soil association: Chastain-Bibb-Dorovan, Type 2
bottomland hardwoods communities occur on the higher elevation, poorly drained members
of the association - Chastain and Bibb
Bibb loam; coarse-loamy, siliceous, acid, thermic Typic Fluvaquent
Chastain silt loam; fine, mixed, acid, thermic Typic Fluvaquent
Neuse River flood plain, Johnston County, downstream of I-95; soil association: Wehadkee-
Bibb-Chewacla, Type 2 bottomland hardwoods communities occur on the lower elevation,
poorly drained members of the association - Wehadkee and Bibb (Chewacla is nonhydric)
Bibb sandy loam; coarse-loamy, siliceous, acid, thermic Typic Fluvaquent
Wehadkee loam; fine-loamy, mixed, nonacid, thermic Typic Fluvaquent
Vegetation:
11
Canopy dominants: Quecus michauxii, Q. pagoda, Q. laurifolia, Q. nigra, Q. phellos, Q.
shumardii, Liquidambar styraciflua, Fraxinus pennsylvanica, Carya ovata, C. cordiformis, C.
aquatica, Juglans nigra, Celtis laevigata, Ulmus americana
Understory: Carpinus caroliniana, Ilex decidua, Asimina triloba, flex opaca
Indicators for delineation:
Same as A.
3. White Cedar Swamps
Wetlands greater than one acre in headwaters and greater than five acres elsewhere,
underlain by peat of greater than one meter, and vegetated by natural white cedar representing
more than 50% of the basal area, where the total basal area for all tree species is 60 square feet
or greater.
Classifications
HGM - organic flat, depressional
FWS - Palustrine System
DWQ - pocosin
Geomorphic Setting
The few remaining relatively large stands of Atlantic white cedar in North Carolina that
meet the definition of Type 3 non-exempt wetlands occur on large organic flats on interstream
divides, in Carolina Bays, and occasionally in large peat-filled swales or depressions on
interfluves or on relic terraces. Atlantic white cedar is a fire-dependent species that occurs on
the same types of geomorphic settings and soils as do the Low Pocosin, High Pocosin, Pond Pine
woods, Bay Forest, and Nonriverine Swamp Forest wetland community types. Large domed
peatlands typically are ombrotrophic (mineral-poor) because rainfall is the only source of
minerals. However, the current Atlantic white cedar stands occur most frequently on organic
soils that have sources of mineral inputs. The organic soils of the Great Dismal Swamp receive
groundwater input from the uplands west of the Suffolk scarp. The organic soils on the western
side of the Dare County mainland receive occasional inundation from the Alligator River
resulting from wind tides or hurricane storm surges. Soils that are mapped in the same series,
Pungo muck, on the eastern side of the peninsula currently support low pocosin, though fire
history may be an important factor as well. The organic soils of Atlantic white cedar stands in
Carolina Bays receive lateral interflow and ground water input as well.
Hydrologic Character
The FWS water regime that is most likely appropriate for Atlantic white cedar stands on
deep organic soils is seasonally flooded. Cedar stands typically have significant
microtopography, with trees on hummocks that rise 2-3 ft above the intervening depressions.
Ponded water is usually present in the depressions through the winter and early spring and
occasionally rises to the surface following large rainfall events in the summer.
Character of Soils
Histosols with relatively deep organic surfaces.
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Wetland Community Types
Peatland Atlantic White Cedar Forest
(The other Schafale and Weakley community type, Streamhead Atlantic White Cedar Forest,
does not meet the Type 3 non-exempt wetland definition because it typically occurs on mineral
soils).
Sites: Domed peatlands on large organic flats on interstream divides, peat-filled Carolina bays,
small peat-filled depressions and swales on interfluves and relic terraces; stands that occur on
organic soils often extend into adjacent mineral soils.
Soils: The community type typically occurs on Histosols where the organic layer is greater than
one meter deep, however, it is not possible to completely generalize by soil series. Histosols in
N.C. have quite variable organic depths because the soils formed over coastal plain surfaces that
were relatively well-dissected. Series are classified on the basis of a gradient of average organic
layer depths, as well as differences in underlying mineral sediments and differences in the
character of the organic layer. However, the depth ranges overlap significantly. Table 1 below
illustrates this situation for Histosols in Dare County on the Alligator River Wildlife Refuge and
the Dare County Air Force Range. In that location, Atlantic white cedar occurs predominantly
on Pungo muck, but small stands also occur on Belhaven muck and other soils.
Soil Series Typical Muck Thickness, in Range of Thickness, in
Belhaven muck 38 16-51
Ponzer muck 24 16-51
Pungo muck 65 51 -90+
Belhaven muck; loamy, mixed, dysic, thermic Terric Haplosaprist
Ponzer muck; loamy, mixed, dysic, thermic Terric Haplosaprist
Pungo muck; dysic, thermic Typic Haplosaprist
Other examples:
Great Dismal Swamp, Gates County; Pungo-Belhaven Association
Croatan National Forest, Craven County (small patches); Croatan-Dare Association
Croatan muck; loamy, siliceous, dysic, thermic Terric Haplosaprist; muck, 16-51 in thick
Dare muck; dysic, thermic Typic Haplosaprist; muck, 51-108 in thick
Green Swamp; Brunswick County; Torhunta-Croatan-Pantego
Croatan muck; loamy, siliceous, dysic, thermic Terric Haplosaprist
Torhunta mucky fine sandy loam; coarse-siliceous, acid, thermic Typic Humaquept
Pantego mucky loam; fine-loamy, siliceous, thermic Umbric Paleaquult
Carolina Bays; Bladen and Cumberland Counties
Croatan muck; loamy, siliceous, dysic, thermic Terric Haplosaprist
13
Pamlico muck; sandy or sandy-skeletal, siliceous, dysic, thermic Terric Haplosaprist; muck,
16-51 in thick
Area Criterion: The area criterion in the Type 3 definition is based on whether the site in
question is in "headwaters". The USACE definition of headwaters (33 CFR §330.2) is:
Headwaters means non-tidal rivers, streams, and their lakes and impoundments, including
adjacent wetlands, that are part of a surface tributary system to an interstate or navigable water
of the United States upstream of the point on the river or stream at which the average annual
flow is less than five cubic feet per second. The DE may estimate this point from available data
by using the mean annual area precipitation, area drainage basin maps, and the average runoff
coefficient, or by similar means. For streams that are dry for long periods of the year, DE's may
establish the point where headwaters begin as that point on the stream where a flow of five cubic
feet per second is equaled or exceeded 50 percent of the time.
Except for Dare County, most existing stands of Peatland Atlantic White Cedar Forest occur
either on organic flats or Carolina bays. Both types of peatland wetlands are in the. headwaters
zone of the watersheds in which they occur, according to the definition above. The only
exception would be organic soil formed in a shallow depression on a river terrace. An example
is the Murville-Ponzer-Leon association in Craven County where some small areas of Ponzer
muck are relatively close to the Neuse River. How the headwaters definition applies in Dare
County depends on how the USACE defines and applies the term "adjacent" in that complex
wetland system, since the peninsula is surrounded by tidal waters. However, since all (?) of the
significant Atlantic White Cedar stands in Dare County are in federal ownership, the point
should be moot.
Vegetation:
Canopy dominants: Chamaecyparis thyoides
Canopy associates (small percent of basal area): Pinus serotina, P. taeda, Acer rubrum,
Nyssa biflora, Taxodium ascendens
Understory: none to dense, Gordonia lasianthus, Magnolia virginiana, Persea palustris,
Lyonia lucida, Cyrilla racemiflora, flex glabra, Lyonia ligustrina, Gaylussacia frondosa, flex
coriacea
Indicators for Delineation:
Vegetation - natural stand of trees with basal area of at least 60 ft2/ac in which Atlantic
white cedar comprises greater than 50% of the basal area of the overstory.
Soil - Histosol (Typic or Terric Haplosaprist), organic layer of greater than one meter depth.
Depth of the organic surface may be easily determined with a steel probe made of 0.5 in diameter
rebar that is rounded (not sharpened) on the bottom end. Such a probe pushes quite easily
through the muck layer and encounters greatly increased resistance at the mineral interface. The
mineral may also be heard and "felt" by rotating the probe when it encounters the mineral layer.
Area - stand area greater than one acre.
4. Carolina Bay Wetlands
Oriented, elliptical depressions with a sand rim, either (a) underlain by clay-based soils and
vegetated by cypress; or, (b) underlain by peat of greater than one-half meter and typically
vegetated with an overstory of red, sweet, and loblolly bays.
14
Classification
HGM - depressional
FWS - Palustrine System
DWQ - pocosin
General Information
This non-exempt wetland type deals with a subset of the vegetation types that commonly
occur in large Carolina Bays. Since cypress stands and bay forest stands also occur in sites other
than Carolina bays, the key issue in delineating the areas defined in Type 4 is to clearly define
the characteristics of a Carolina bay. Shallow oval-shaped, NW-SE oriented depressions in
which the soil is "wetter" than the surrounding landscape are numerous in the counties in which
the large Carolina bays occur most frequently. However, such depressions also occur
infrequently in other counties of the middle and lower Coastal Plain.
Geomorphic Setting
Carolina Bays are oval, NW-SE oriented depressions found in upland landscapes, mainly in
the southern portion of the middle Coastal Plain, including the counties of Bladen, Columbus,
Cumberland, Hoke, Robeson, Sampson, and Scotland. Carolina Bays have a distinctive raised
rim of eolian sand around the eastern and southern area of the bay border. They range in size
from a few acres to several thousand acres.
Hydrologic Character
The hydrologic regime of Carolina Bays ranges from permanently flooded to seasonally
saturated.
Character of Soils
The bay floor may have organic soils or poorly drained or very poorly drained sandy to
clayey mineral soils that are also found in irregularly shaped wet areas outside the bays (Table
1). The northwest ends of many bays merge imperceptibly with the surrounding upland, but the
northeast, southeast, and part of the southwest rims are moderately to distinctly prominent
landscape features. The prominent, nearly white, sandy rims with Kureb or Wakulla soils on the
southeast ends commonly rise 1-3 m above the bay bottom and usually are eolian (wind
transported and deposited) sand. The rims on the northeast and southwest sides are sandy, but
many of the sands are the result of normal soil development on materials of the uplands as well
as from eolian materials (Daniels et al., 1999).
Table 1. Major soils in the Carolina Bay Subsystem (Daniels et al., 1999)
Drainage Class
Textural Moderately
Family Well Poorly Very poorly [organic soils
well
Bay Interiors
Fine Coxville Byars
McColl
Fine-loamy Norfolk Goldsboro Rains Pantego
Noboco
15
Coarse-loamy Woodin on Torhunta
Sandy Lynn Haven Murville Mattamuskeet
Rutlege Pamlico
Bay " Rims
Loamy Wagram Bonneau
Autryville
Wakulla
Lakeland
Cainhoy Chipley
Sandy Rimini Pactolus
Kershaw
Kureb
Centenary
Wetland Community Types
A. Bay Forest (Carolina Bays only)
Sites: Carolina Bays in which the overstory is dominated by trees of bay species.
Soils: Bay Forest is commonly found on Histosols.
Croatan muck; loamy, siliceous, dysic, thermic Terric Haplosaprist
Pamlico muck; sandy or sandy-skeletal, siliceous, dysic, thermic Terric Haplosaprist
Hydrology: Seasonally flooded.
Vegetation:
Canopy dominants: Gordonia lasianthus, Magnolia virginiana, Persea palustris
Canopy associates: Pinus serotina, Nyssa biflora, Acer rubrum, P. taeda, Chamaecyparis
thyoides
Understory open to dense - Lyonia lucida, Cyrilla racemiflora, L. ligustrina, Ilex coriacea, I.
cassine
Indicators for delineation:
Soil indicators - Histosol boundary, organic surface greater than 0.5 m deep; rim of the bay
from northeast to southwest is a prominent sandy ridge.
Vegetation - boundary of the stand that is dominated by bays in the overstory; bay trees
comprise >_ 60% of the stand basal area of the overstory trees.
B. Cypress Savanna (Carolina Bays only)
Sites: Carolina Bays in which the overstory is dominated by cypress trees.
Soils: Poorly drained or very poorly drained mineral soils with clayey or fine-loamy subsoils.
Coxville loam; clayey, kaolinitic, thermic Typic Paleaquult
McColl loam; clayey, kaolinitic, thermic Typic Fragiaquult
Rains fine sandy loam; fine-loamy, siliceous, thermic Typic Paleaquult
16
Byars loam; clayey, kaolinitic, thermic Umbric Paleaquult
Pantego loam; fine-loamy, siliceous, thermic Umbric Paleaquult
Hydrology:
Seasonally flooded.
Vegetation:
Canopy dominant: Taxodium ascendens
Canopy associates: Nyssa bilfora, Pinus taeda, P. serotina, Liquidambar styraciflua
Understory: Ilex amelanchier, Leucothoe racemosa, Cyrilla racemiflora, Lyonia lucida
Indicators for delineation
Soil indicators - soil boundary with the nonhydric mineral soil of the bay rim; rim from
northeast to southwest is a prominent sandy ridge.
Vegetation indicator - boundary of the stand that is dominated by cypress in the overstory;
cypress trees comprise >_ 60% of the stand basal area of the overstory trees.
5. Non-riverine forest wetlands
Wetlands in this group are rare, high quality, wet forests, with mature vegetation, located on
the southeastern Coastal Plain, whose hydrology is dominated by high water tables. Two forest
community types fall into this group (These forest types are a subset of those described in
Schafale and Weakley (1990):
(a) Non-riverine Wet Hardwood Forests - poorly drained mineral soil interstream flats
(comprising 10 or more acres), typically on the margins of large peatland areas, seasonally
flooded or saturated by high water tables, with vegetation dominated (greater than 50% of basal
area per acre) by swamp chestnut oak, cherrybark oak, or laurel oak, alone or in combination.
(b) Non-riverine Swamp Forest - very poorly drained flats (comprising 5 or more
contiguous acres), with organic soils or mineral soils with high organic content, seasonally to
frequently flooded or saturated by high water tables, with vegetation dominated by bald cypress,
pond cypress, swamp tupelo, water tupelo, or Atlantic white cedar, alone or in combination.
The term "high quality" used in this characterization refers to generally undisturbed forest
stands, whose character is not significantly altered by human activities (e.g., forest
management). Non-riverine forest wetlands dominated by red maple, sweetgum, or loblolly pine
alone or in combination are not considered to be of high quality, and therefore do not require a
permit.
Classifications
HGM - mineral flat, organic flat
FWS - Palustrine System
DWQ - wet flat
General Information
The forest types described in Type 5 once covered vast expanses of poorly drained to very
poorly drained upland soils on interstream flats throughout the Coastal Plain of North Carolina
with the largest contiguous areas occurring in the lower Coastal Plain. The concept of "high
17
quality" is the key issue in determining whether a current stand that generally meets the criteria
of (a) or (b) meets all of the criteria of the definition. Poorly accessible virgin forests in eastern
North Carolina generally were harvested during the late 19th century and the early part of the 20th
century. Therefore, examples of the non-riverine forests described above that are genuine
second-growth and have not been disturbed (converted to agriculture for a time or harvested one
or more additional times) would have an overstory that exceeded 75 years of age and dominant
trees that likely would exceed 20 in dbh. "Mature vegetation" implies dominants of even greater
age and size.
Geomorphic Setting
Relatively flat areas of interstream divides throughout the Coastal Plain.
Hydrologic Character
Seasonally flooded or saturated. Upland flats that may (1) receive rainfall only, (2) also
receive surface or subsurface water input from adjacent slightly higher elevation areas, or (3)
may receive tidal flooding due to infrequent high wind tides along the coast.
Character of Soils
Upland soils, poorly drained to very poorly drained mineral soils, also organic soils.
Wetland Communily Ty es
A. Non-riverine Wet Hardwood Forest
Sites: Poorly drained interstream flats on upland soils; may occur on the margins of large
organic flats or may occupy the central region of smaller interstream areas.
Soils: Poorly drained to very poorly drained mineral soils; subsoils ranging from loamy to
clayey. These forests may occur on a very wide range of soils.
Vegetation:
Canopy: Forest dominated by various hardwood trees typical of bottomlands. Typical
species include: Quercus michauxii, Q. laurifolia, Q. pagoda, Liriodendron tulipifera,
Liquidambar styraciflua, Ulmus americana, Acer rubrum, Nyssa biflora
Understory: Carpinus caroliniana, Acer rubrum, Ilex opaca, Asimina triloba, Lindera
benzoin, Persea palustris, Leucothoe axillaris, Clethra alnifolia, Vaccinium corymbosum,
Myrica cerifera, Arundinaria gigantea, Sabal minor, Callicarpa americana
Indicators for delineation
Soil indicators: Upland soil on interstream divide, poorly drained to very poorly drained
mineral soil; subsoils ranging from loamy to clayey.
Vegetation indicators: Contiguous stand >_ 10 ac in size; high quality stand with no visible
indicators of forestry activity in recent decades such as stumps, multiple stemmed trees produced
by stump sprouts, basal wounds on trees, relic skidder ruts, etc.; dominant trees in stand at least
75 years old and minimum 20 in dbh; greater than 50% of the basal area of the overstory in
swamp chestnut oak, cherrybark oak, or laurel oak, alone or in combination.
18
B. Non-Riverine Swamp Forest
Sites: Very poorly drained interstream flats on upland soils; may occur on the margins of large
organic flats or may occupy the central region of smaller interstream areas.
Soils: Very poorly drained mineral soils and organic soils; these forests may occur on a very
wide range of soils.
Vegetation:
Canopy: varying mixtures of Taxodium distichum, T. ascendens, Nyssa biflora, Pinus taeda,
Chamaecyparis thyoides, P. serotina, Liriodendron tulipifera, Acer rubrum
Understory - Magnolia virginiana, Persea palustris, Cyrilla racemiflora, Lyonia lucida,
Clethra alnifolia, Vaccinium spp., Smilax laurifolia
Indicators for delineation
Soil indicators: Upland soil on interstream divide, very poorly drained mineral or organic soil
Vegetation indicators: Contiguous stand >_ 5 ac in size; high quality stand with no visible
indicators of forestry activity in recent decades such as stumps, multiple stemmed trees produced
by stump sprouts, basal wounds on trees, relic skidder ruts, etc.; dominant trees in stand at least
75 years old and minimum 20 in dbh; greater than 60% of the basal area of the overstory in bald
cypress, pond cypress, swamp tupelo, water tupelo, or Atlantic white cedar alone or in
combination.
6. Low pocosin wetlands
Central, deepest parts of domed peatlands on poorly drained interstream flats, underlain by
peat soils greater than one meter, typically vegetated by a dense layer of short shrubs.
Classifications
HGM - organic flats
FWS - Palustrine System
DWQ - pocosin
General Information
Low Pocosin is a vegetation type common on deep organic soils that occur on a variety of
geomorphic settings. However, the definition of Type 6 specifically limits the non-exempt
subset of the Low Pocosin vegetation type to the domed peatlands. Carolina Bays with organic
soils and pocosin vegetation or small peat-filled depressions with low pocosin vegetation are not
specifically included in any of the non-exempt wetland types. However, many large Carolina
Bays have deep organic soils that have developed the typical domed (highest elevation in the
center) character of the classic "swamp on hill" pocosin. Recommend that landowners check
with the USACE on sites that fit this description.
Geomorphic Setting
The low pocosin vegetation of Type 6 occurs on the central portion of broad extensive
accumulations of organic soils on interstream divides that tend to form a domed center.
19
Hydrologic Character
Seasonally flooded; complex surface microtopography is common; depressions commonly
have ponded water through the winter and early spring and occasionally following large rainfall
events in the summer. Small semi-permanently flooded depressions are sometimes present.
Soils
Low Pocosin occurs on ombrotrophic sites of organic flats. That is the central portion with
the deepest organic surface (usually >_ 2 m deep) and well-removed from possible inputs of
nutrients from subsurface or surface lateral flow or tidal overwash. Examples include:
Southeastern section of the Dare County Air Force Range, Dare County
Pungo muck; dysic, thermic Typic Haplosaprist
Pocosin Lakes Wildlife Refuge; Washington, Tyrrell, and Hyde Counties
Pungo muck
Croatan National Forest, Craven County
Dare muck; dysic, thermic Typic Haplosaprist
Hofmann Forest, Jones and Onslow Counties
Croatan muck; loamy, siliceous, dysic, thermic Terric Haplosaprist
Green Swamp, Brunswick County
Croatan muck
Holly Shelter Swamp, Pender County
Croatan muck
Ve eg tation
Canopy: low, dense shrub canopy, 1.5 - 3 m tall with occasional stunted Pinus serotina.
Shrub layer usually dominated by Lyonia lucida, Cyrilla racemiflora, flex glabra, and
Smilax laurifolia; others that may occur are Persea palustris, Gordonia lasianthus, and
Magnolia virginiana.
Indicators for delineation
Soils: Histosol with organic surface greater than 1 m deep.
Vegetation: boundary of the Low Pocosin vegetation type; pond pines 10-15 ft tall may be
20+ years old; do not confuse with Tall Pocosin that is succeeding from a recent fire
(Croatan National Forest) or past agricultural use (Pocosin Lakes Wildlife Refuge).
7. Wet marl forests
Hardwood forest wetlands underlain with poorly drained marl-derived, high pH soils.
Classifications
HGM - mineral flat or depressional
20
FWS - Palustrine System
DWQ - wet flat
General Information
Wet marl forest is a very rare forested wetland type that is known to occur only in Pender
County. The relatively high pH and high base saturation of the soils supports a unique mixed
hardwood forest not found elsewhere.
Geomorphic Setting
Upland flats or slight depressions
Hydrologic Character
Seasonally to intermittently flooded. Water table perched by clayey subsoils.
Character of Soils
Wet marl forest occurs on the Grifton-Invershiel-Meggett association, soils that most
commonly occur in Pender County on the uplands along major drainage-ways. The soils formed
from sandy, loamy, or clayey sediments over marl and thus have high base saturation and pH
(Alfisols). The pH values are slightly acid in the A and E horizons and neutral to moderately
alkaline in the B horizons. The soils have clayey B horizons and Megget loam, in particular, has
a massive, very sticky, and very plastic clay in the lower B/upper C horizon that likely is a
restrictive layer.
Grifton loam; fine-loamy, siliceous, thermic Typic Ochraqualf
Invershiel loam; fine, montmorrillonitic, thermic Albaquic Hapludalf; nonhydric
Meggett loam; fine, mixed, thermic Typic Albaqualf
Vegetation
Canopy: Ulmus americana, Morus rubra, Tilia americana var. caroliniana, Carya
myristiciformis, Quercus shumardii, Q. alba, Q. lyrata, Q. michauxii, Q. nigra, Q. phellos,
Carya aquatica, C. cordiformis, C. glabra, Liquidambar styraciflua, Acer floridanum, A.
rubrum, A. negundo.
Subcanopy: Cercis canadensis, Cornus florida, Asimina triloba, Ostrya virginiana,
Carpinus caroliniana
Shrubs: Cornus asperifolia, Sabal minor, Aesculus pavia, A. sylvatica, Cornus stricta,
Virburnum nudum var. nudum, V. prunifolium, V. recognitum
Indicators for Delineation
Soil: boundary of the hydric Alfisol.
Vegetation: boundary of the mixed hardwood stand that contains the unique mix of species
noted above.
8. Tidal Freshwater Marshes
Classifications
HGM - tidal fringe
FWS - Estuarine System
21
DWQ - brackish marshes
General Information
Wetlands dominated by dense herbaceous vegetation found on the margins of estuaries or
drowned rivers or creeks throughout the coastal zone, but most extensive in the northeast coastal
zone on the western fringes of the sounds.
Geomorphic Setting
Coastal fringe; estuaries.
Hydrologic Character
FWS water regimes: regularly flooded tidal or seasonally flooded tidal (irregularly flooded)
with salinity generally less than 0.5%0.
Character of Soils
Organic or mineral soils. Examples include:
Durant Island, Dare County; soil association: Hobonny-Carteret-Currituck
Hobonny muck; euic, thermic Typic Haplosaprist
Carteret sand; mixed, thermic Typic Psammaquent
Currituck mucky peat; sandy or sandy-skeletal, mixed, euic, thermic Terric Haplosaprist
North River, Carteret County; soil association: Lafitte-Hobucken-Carteret
Lafitte muck; euic, thermic Typic Haplosaprist
Hobucken muck; coarse-loamy, mixed, nonacid, thermic Typic Hydraquent
Carteret sand; mixed, thermic Typic Psammaquent
Vegetation
Dense herbaceous vegetation: Spartina cynosuroides, Cladium mariscus ssp. jamaicense,
Typha latifolia, T. angustifolia, Zizaniopsis miliacea, Zizania aquatica, Scirpus americanus,
Eleocharis fallax, E. rostellata, Sagittaria lancifolia, Peltandra virginica, Pontederia cordata,
Centella asiatica, Osmunda regalis var. spectabilis
Indicators for Delineation
Vegetation: boundary of the plant community dominated by the species listed above.
Soil series is not a good indicator since other vegetative communities occur on these same
soil series on tidal fringe areas.
9. Maritime Grasslands, Shrub Swamps, and Swamp Forests
Barrier island wetlands in dune swales and flats, underlain by wet mucky or sandy soils,
vegetated by herbs, shrubs, and trees.
Classifications
HGM - depressional
FWS - Palustrine System
DWQ - None
22
General Information
The Type 9 wetlands are the freshwater wetlands of the barrier islands. These wetlands are
unique in their geomorphic setting and hydrology and unique in their vegetative and animal
communities.
Geomorphic Setting
The barrier islands of North Carolina have a very complex ridge and swale topography due
to the geological history of shifting dunes. The wider islands, such as Hatteras, have relatively
stable sections that have well-developed vegetative communities ranging from forests to
grasslands. Fresh ground water occurs in the sandy aquifer of the larger islands as a lens of fresh
water that floats on the salt water below. Where the ground water intersects the surface in
swales, wetlands occur. Since the aquifer surface is elliptical, the hydrology of a particular swale
depends on the relationship of land surface to aquifer surface. For example, on Hatteras Island,
the wetlands with the longest period (and deepest water depth) of annual inundation are at the
highest elevation of any wetlands on the island.
Hydrologic Character
The hydrology of barrier island wetlands ranges from seasonally saturated to permanently
flooded.
Character of Soils
The soils range from poorly drained sands to very poorly drained mucks over sand, but are
different from very young inland sandy soils because of the influence of salt spray. The degree
of accumulation of organic matter in the wetland soils is directly related to annual hydroperiod as
is the vegetation type.
Wetland Community Types
The three community types listed in the Type 9 definition are three of the principal types
recognized by Schafale and Weakley (1990). However, the complexity of the wetlands defies
easy classification and detailed descriptions are not needed here. See Schafale and Weakley
(1990) for additional information and references.
Indicators for Delineation
Any jurisdictional wetland on a barrier island.
REFERENCES CITED
Cowardin, L. M., V. C. Carter, R. C. Golet, and E. T. LaRoe. 1979. Classification of wetlands
and deepwater habitats of the United States. Office of Biological Services, U.S. Fish and
Wildlife Service. FWS/OBS-79/31.
Daniels, R. B., S. W. Buol, H. J. Kleiss, and C. A. Ditzler. 1999. Soil systems in North Carolina
(2°a ed.). Technical Bulletin 314. North Carolina Agricultural Research Service, North
Carolina State University, Raleigh, NC.
23
NCDEHNR. 1996. A field guide to North Carolina wetlands. North Carolina Department of
Environment, Health, and Natural Resources, Raleigh, NC. Report No. 96-01.
NCDEHNR. 1997. Best management practices for forestry in North Carolina's wetlands.
DRAFT. North Carolina Department of Environment, Health, and Natural Resources,
Raleigh, NC.
Schafale, M. P. and A. S. Weakley. 1990. Classification of the natural communities of North
Carolina. Third Approximation. North Carolina Natural Heritage Program, N. C.
Department of Environment, Health, and Natural Resources, Raleigh, NC.
USACE. 1987. Corps of Engineers Wetlands Delineation Manual. US Army Corps of
Engineers, Waterways Experiment Station, Wetlands Research Program Technical
Report Y-87-1 (on-line edition). Available at:
http://www.wes.army.mil/el/wetlands/wetlands.html#wrtc
24
k
SITE SURVEY REPORT FORM
NC Natural Heritage Program
SITE NAME: Bonnerton Road Wet Hardwood Forest and Seep
DATES VISITED: April 15, 2005, January 26, 2005 ?VV , •' ?X n 10A C6 1?'
INVESTIGATORS: Mike Schafale, David Lekson (US Army Co s o Engineers), Ed Schwartzman
(Unique Wetlands Program), Julia Berger (CZR), Tom Steffan (A) (April)
Mike Schafale with David Lekson, John Dorney (DWQ), LeiLam Paugh (DOT), Ed Schwartzman,
Sandy Smith (EcoScience), Matt Cusak (EcoScience), and other members of the Wetland Functional
Assessment Team
REPORT AUTHOR: Mike Schafale
OWNER: PCS Phosphate
OWNER CONTACT: Contact made through CZR staff and David Lekson.
COUNTY: Beaufort QUAD: Aurora
SIZE: 203.08 acres total: 194.22 acres primary, 8.86 acres secondary.
HOW DETERMINED: GIS
LOCATION: On the east side of SR 1936 (Bonnerton Road), on the north side of 1958, extending
from the top of the Suffolk Scarp to the headwaters of Porter Creek. About 5 air miles northwest of
Aurora.
PROVINCE: Coastal Plain, Embayed Region WATERSHED: Pamlico River
GENERAL DESCRIPTION: This site includes a segment of the Suffolk Scarp and the adjacent wet
flats at its base. The flats have shallow standing water through much of the growing season, with a
narrow slough that is somewhat wetter. They support a Nonriverine Wet Hardwood Forest
community in very good condition. Both subtypes are present. The scarp is saturated by seepage all
the way to the top. It supports an unusual seepage wetland community dominated by water oak, red
maple, and loblolly bay, with a dense layer of evergreen shrubs. Porter Creek forms in the eastern
side of the site, with a small area of Cypress-Gum Swamp in the headwater wetland.
SIGNIFICANCE OF SITE: State. The extensive Nonriverine Wet Hardwood Forest communitiy in
excellent condition is one of the best remaining examples in the state. It is the fifth largest example
remaining in the state, and is in very good condition. The unclassified seepage community may also
potentially be one of the best examples in the state.
PHYSICAL DESCRIPTION
ASPECT: East on the scarp, flat below.
SLOPE: Moderate slope, probably about 10%.
ELEVATION: 15-30 feet.
TOPOGRAPHY: Open, undissected slope on the face of the scarp. Flat with a couple gentle linear
swales below.
HYDROLOGY AND MOISTURE: Scarp face is semipermanently to permanently saturated. Flat is
seasonally saturated to shallowly flooded. The headwaters of Porters Creek are seasonally flooded.
The swales may drain to it, but appear to be primarily nonriverine.
GEOLOGY: Unconsolidated Holocene sediments
SOIL (from USSCS soil map):
Tomotley (Fine-loamy, mixed, thermic Typic Ochraquult): most of the wet flats.
Portsmouth (Fine=loamy over sandy, mixed, thermic Typic Umbraquult ): western fringe of the wet
flat.
Leon (Sandy, siliceous, thermic Aeric Haplaquod) on the seepy Suffolk Scarp face.
COMMENTS ON PHYSICAL DESCRIPTION:
NATURAL COMMUNITY DESCRIPTION
Nonriverine Wet Hardwood Forest (Oak Flat Subtype): This is the most extensive community within
the site, occurring on the wet flats. Shallow water was standing on a minority of the surface at this
visit. The canopy is dominated by a mix of Quercus laurifolia and Quercus michauxii, with some
Quercus phellos, Quercus nigra, Liriodendron tulipifera, Acer rubrum, Liquidambar styraciflua,
Ulmus americana, and Pinus taeda. The understory is dominated by Acer rubrum and oaks in parts,
Carpinus caroliniana elsewhere, with some Persea palustris and Ilex opaca. The shrub layer is
moderate in density. Leucothoe axillaris dominates some patches. Most parts have no strong
dominant. Species include Persea palustris, Symplocos tinctoria, Ilex coriacea, Vaccinium
formosum, Gaylussacia frondosa, and Sabal minor. Woody vines are fairly abundant. The herb layer
is generally moderate to sparse, with no strong dominants. The canopy is quite mature in large parts,
with trees averaging 12" dbh, 14" in some places. Many tree reach 18" dbh and some reach 24". The
northwest portions have canopy trees averaging 8-10" dbh, but with sparse old trees up to 24" dbh
present. Lonicera japonica is present in scattered places, but is mostly confined to the drier edges of
the community.
Nonriverine Wet Hardwood Forest (Oak-Gum Slough Subtype): Occurs as a couple of narrow bands
in low swales that are incipient drainages. These areas were flooded over 100% of the ground, and
more deeply than in the Oak Flat. The canopy is dominated by Nyssa biflora, Quercus laurifolia,
Quercus nigra, and Liquidambar styraciflua. The understory is sparse and consists mostly of canopy
species. Shrubs are sparse, though a few Vaccinium formosum are present. The herb layer is less
diverse and includes abundant Osmunda regalis. The canopy is quite mature in this area, with trees
averaging 12" dbh, trees up to 18" dbh common, and some up to 36" dbh.
Suffolk Scarp seepage community: The scarp here is a moderate slope with sandy soil with a muck
surface all the way to the top. There is an open canopy dominated by Quercus nigra and Acer
rubrum, with abundant Gordonia lasianthus. Oxydendrum arboreum occurs in the undestory along
with canopy species. Local Nyssa biflora and Chamaecyparis thyoides are present. The shrub layer
is dense, with Leucothoe axillaris and Ilex coariacea dominant. Symplocos tinctoria and Persea
palustris are common. Smilax laurifolia is abundant. Herbs are extremely sparse. Community
condition is difficult to judge. Logging may be responsible for the open canopy, and pines may once
have been present. Lack of fire may also have affected the community, but its location adjacent to
the non-flammable Nonriverine Wet Hardwood Forest and downhill of former longleaf pine
communities would have limited fire frequency and intensity. The appropriate classification for this
community is unclear. It probably represents an undescribed type of seepage wetland. For now, it
will be classified as a Low Elevation Seep, a very broad category.
OTHER NATURAL COMMUNITIES PRESENT: Several acres of Mesic Mixed Hardwood Forest
is present on the south edge. It has some large Fagus grandifolia and Quercus nigra, up to 18-22"
dbh, is in excellent condition, but is too small to be highly significant for this community type. It is
heavily invaded by Lonicera japonica in parts.
About 10 acres of Cypress-Gum Swamp occur in the headwaters of Porter Creek. It is transitional to
the Oak-Gum Slough subtype, with only weak stream flow. The canopy is dominated by Nyssa
biflora, with some Acer rubrum and a few Quercus laurifolia.
ANIMAL HABITAT FACTORS
HABITAT HETEROGENEITY: Medium. Closed and open-canopy forest, with and without dense
shrub thickets. Artificial open areas are nearby.
AMPHIBIAN BREEDING SITES: Extensive standing water in the early growing season.
DENNING SITES: None noted.
BIG TREES/LARGE CAVITIES: Trees up to 20-22" dbh are present.
SNAGS AND LOGS: Moderate amounts, probably a bit less than natural levels.
MAST PRODUCING SPECIES: Oaks are dominant throughout. Some grapes and berry-bearing
shrubs. Black gums are common in parts.
NECTAR SOURCES: Ericaceous shrubs.
PRESENCE OF WATER: Abundant water except in dry seasons. A marginal creek is present in the
east side of the site.
AQUATIC HABITAT FACTORS: The headwaters of Porter Creek within the site have only a
marginally developed channel.
SPECIAL STATUS SPECIES PRESENT: None noted.
POTENTIAL FOR OTHER SPECIAL STATUS SPECIES: A Bald Eagle site is present within 2
miles to the west, and they may occasionally use the site. Wayne's black-throated green warbler
could potentially occur.
OTHER NOTEWORTHY SPECIES OR FEATURES PRESENT:
SITE ECOSYSTEM INTEGRITY: Fairly high. The canopy is mature, but the area is fairly small,
and small amounts of invasive plants are present. There is some drainage on adjacent lands.
AVERAGE DBH OF CANOPY TREES: 12" over most. 10" in some parts, 14" locally.
MAXIMUM DBH OF CANOPY TREES: 18-24".
DISTURBANCE-SENSITIVE SPECIES: None noted. Unknown if present.
FIRE REGIME: No sign of fire. The Nonriverine Wet Hardwood Forests are not very flammable
and probably seldom if ever burned. The vegetation on the scarp probably burned occasionally, but
its location adjacent to non-flammable vegetation except uphill probably limited fire frequency.
OTHER DISTURBANCES OR IMPACTS
LOGGING: The more mature oak flat areas have not been logged for many decades. The area on the
north side may have been selectively cut some years ago. Young successional stands developed after
clearcutting border the site. The scarp seepage community may have had selective logging not too
many years ago, but this is unclear.
FARMING: Not in site, but fields occur nearby. There is an abandoned farm house on the south
edge of the site.
DITCHES: Several small ditches cross the site. Larger ditches are present on some of the edges of
the site. The agricultural lands to the south are intensively ditched. A mining pit is present just a
short distance east of the site, but it is downstream and does not cross the outflow creek.
ROADS: Public roads border the site on two sides. A few old overgrown logging roads are present.
ALTERED FLOOD REGIME: Somewhat. The ditch on the south edge of the eastern unit appears to
be intercepting sheet flow into the site from the south.
EXOTIC/WEEDY SPECIES: Lonicera japonica is present in several places in the Nonriverine Wet
Hardwood Forest, and is abundant in the small Mesic Mixed Hardwood Forest.
UNDERSTORY CLEARING: No.
DIRECT HUMAN INTRUSION: Probably low. No sign of visitation.
LANDSCAPE FACTORS
BOUNDARY INTEGRITY/SHAPE:
ADJACENT LAND USE/OFFSITE STRESSES: Surrounded by pine plantations and logged forests,
with a few fields.
RELATION/CONNECTION TO OTHER SITES: Drinkwater Creek, with poorer Nonriverine Wet
Hardwood Forest, lies 4 miles to the east. Suffolk Scarp Bogs, with similar seepage wetlands, lies
7.5 miles to the south. Other small seepage wetlands occur along the Suffolk Scarp closer to this
site.
DEGREE OF THREAT/POTENTIAL FOR CHANGE: High. Without protection, the mature forest
is likely to be logged soon. The area is underlain by phosphate deposits, and may be mined in the
future.
BOUNDARY JUSTIFICATION: The boundary was drawn based on field survey and 1998 and 2003
DOQQs to include the intact wet hardwood and seep communities. The boundary is marked on all
sides by pine plantations and successional forests. The small area of young hardwoods that connects
the two primary areas is included as a secondary area.
RECOMMENDATIONS FOR PROTECTION: The area would be worthy of dedication, registry, or
acquisition for conservation.
MANAGEMENT RECOMMENDATIONS: No urgent management needs are apparent.
Honeysuckle should be controlled before invasion becomes more extensive. The secondary area, and
ideally some of the surrounding young stands, should be managed to restore Nonriverine Wet
Hardwood Forest.
NEED FOR FURTHER STUDY: Need more investigation into the character of the seepage
community. Need to study effect of adjacent ditches and drainage on adjacent lands.
PLANT SPECIES OBSERVED
Thoroughness of list: moderate
Wo = Nonriverine Wet Hardwood Forest (Oak Flat Subtype)
Ws = Nonriverine Wet Hardwood Forest (Oak-Gum Slough Subtype)
S = seepage community on scarp
M = Mesic Mixed Hardwood Forest
C = Cypress-Gum Swamp (Acid Blackwater Subtype)
canopy
Acer rubrum Ica rnf?F,_c S, Wo c
Chamaecyparis thyoides flzLAr ne_ cctc6 c
Fagus grandifolia Bect)N M, (S, WO) c
Fraxinus pensylvanica GRcE- Plze-) A'& (Ws) c
Gordonia lasianthus t-6"t..?w 3A'q S c
Liquidambar styraciflua SwTev n. Wo, Ws, M, S C
Liriodendron tulipifera -rv.,,e RoVL 9_ S, Wo c
Nyssa biflora av., B, Ws C
Pinus taeda c vz ??*,k>4 e\ aE Wo, (Ws) C
Quercus laurifolia LAvq-ct-- 0AC Wo, Ws, (C) c
Quercus michauxii s?,?-- c?esc?vT oA? Wo, Ws e
Quercus nigra W(acEc- oA? S, Wo, M c
Quercus phellos w??? nw oN-- Wo c
Ulmus americans c Lr- Wo c
understory
Acer rubrum Wo u
Amelanchier Wo u
Carpinus caroliniana Wo u
Ilex opaca S, Wo, Ws, M u
Lyonia lucida S, (WO) u
Nyssa biflora S u
Oxydendrum arboreum S u
Persea palustris Wo, M u
Quercus michauxii Wo u
shrub layer
Arundinaria gigantea Wo s
Cyrilla racemiflora Wo s
Euonymus americana Wo s
Gaylussacia frondosa Wo s
Hypericum hypericoides Wo s
Ilex coriacea S, Wo s
Leucothoe axillaris S, Wo s
Morella cerifera S S
Persea palustris S s
Sabal minor Wo s
5
Symplocos tinctoria S, Wo s
Vaccinium formosum Ws s
vines
Anisostichus capreolata Wo v
Berchemia scandens Wo, M v
Decumaria barbara Wo v
Gelsemium sempervirens Wo v
Lonicera japonica Wo, M v
Smilax laurifolia S. v
Smilax walteri? Wo v
herb layer
Athyrium asplenioides Wo h
Atrichum sp. Wo h
Botrychium sp. Wo h
Carex spp. Wo h
Chasmanthium laxum Wo, M h
Climacium americanum Wo h
Hexastylis arifolia Wo h
Listera australis Wo h
Mitchella repens Wo h
Mnium sp. Wo h
Osmunda cinnamomea Wo h
Osmunda cinnamomea S h
Osmunda regalis Ws, Wo h
Polypodium Wo h
Sphagnum sp. Ws h
Tipularia discolor Wo h
Viola primulifolia? Wo h
Viola sp. Wo h
Vitis rotundifolia Wo h
Woodwardia areolata Wo h
ANIMAL. SPECIES OBSERVED
Thoroughness of list: casual
Prothonotary warbler
Ovenbird
White-eyed vireo
Northern parula
Carolina wren
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ENVIRONMENTAL SERVICES, INC.
136 \\'E5'1 2ND .Y1 REET. SUITE 100
WASHINGTON. NORTH CAROLINA 27889
t252i 946-6660 . FAX r252i 938-1993
?i-wusrrn-irnnmentalscrvucsinc.c ern
7 July 2008
Mr. Curtis Brown & Mr. John Prescott
PCS Phosphate
P.O Box 425
Aurora. NC 27806
RE: Tree Species Composition Survey in Bonnerton, NC
Dear Mr. Brown & Mr. Prescott:
Recently, on behalf of PCS Phosphate, you contracted Environmental Services, Inc (ES1) to
perform a. Tree Species Composition Survey on 150 acres in the Bonnerton area of North
Carolina. This 150 acre site is comprised of several different tree species including Southern
Red Oak. Water Oak, Post Oak, Swamp Chestnut Oak, Sweet Gum, Black Gum, Red Maple,
Loblolly Pine, Yellow Poplar, and miscellaneous hardwoods such as Loblolly Bay; Horse Sugar,
American Holly, and. Beech. For this survey, we included trees of sapling stage (>I 0 feet in
height), mature trees and.. pine stumps. The methodology for this survey included 1/1.0'h acre
circular plots with a sampling intensity of 10%. We collected a total of 142 sample plots due to
an 8 acre cleareut in the Simpson tract. The plot calculation data can be found in Table 1. It
shows a break down of trees per acre (TPA) for each management tract within the survey area.
It is my professional opinion that selective logging or thinning has been conducted throughout
this site. the evidence of which still exists (i.e. logging equipment ruts and hand-felled heartwood
pine stumps.) Due to the selective removal of the pine timber from the site, the sm ey area has
become a typical late successional southern forest. A late successional forest is typically
dominated by hardwood or shade tolerant species over shade intolerant species such as pine.
Please call me if you have any questions or need additional information.
Sincerely yours,
YIRONMENTAL SERVICES. INC.
Seth A. Ward, CF, RF # 1611
Senior Forester III
Enclosure
FLORIDA • G! ORGIA NL?RIli CAROLINA • F01:7ti CAROLiN.A
r,
Table 1. TPA species breakdown for the composition survey in Bonnerton, NC
Williamson Tract Vance Bonner Tract
14.23 Acres 6.09 Acres
TPA Species TPA Species
113.57 Oak 63.33 Oak
162.14 Gum 45.00 Gum
95.71 Maple 90.00 Maple
0.00 Pine 1.67 Pine
32.86 Pine Stumps 20.00 Pine Stumps
278.57 Misc Hardwoods 326.67 Misc Hardwoods
55.71 Yellow Poplar 8.33 Yellow Poplar
BB Ross Tract Earl Bonner Tract
57.20 Acres 7.95 Acres
TPA Species TPA Species
92.26 Oak 65.00 Oak
117.92 Gum 123.33 Gum
85.47 Maple 60.00 Maple
6.11 Pine 5.00 Pine
20.57 Pine Stumps 5.00 Pine Stumps
284.53 Misc Hardwoods 148.33 Misc Hardwoods
14.15 Yellow Poplar 116.67 Yellow Poplar
Tutan Tract DD Bonner Tract
3.28 Acres 7.62 Acres
TPA Species TPA Species
43.33 Oak 85.56 Oak
53.33 Gum 186.67 Gum
43.33 Maple 88.89 Maple
60.00 Pine 7.78 Pine
0.00 Pine Stumps 11.11 Pine Stumps
83.33 Misc Hardwoods 144.44 Misc Hardwoods
186.67 Yellow Poplar 31.11 Yellow Poplar
M W Ingram Tract W B Gray Tract
15.31 Acres 6.48 Acres
TPA Species TPA Species
88.46 Oak 160 Oak
71.54 Gum 95 Gum
132.31 Maple 89 Maple
32.31 Pine 3 Pine
4.62 Pine Stumps 28 Pine Stumps
119.23 Misc Hardwoods 297 Misc Hardwoods
13.85 Yellow Poplar 4 Yellow Poplar
Table 1 cont.. TPA species breakdown for the composition survey in Bonnerton NC
T W Bonner Tract
30.48 Acres
TPA Species
157.8 Oak
109.3 Gum
88.1 Maple
10.7 Pine
13.3 Pine Stumps
250.0 Misc Hardwoods
34.4 Yellow Poplar