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15-102494
I A 9ST e6; ' 2 /0v <o� sv c, Feaerat Way % 25th i W ANIsMr Ci J Cr `�J ; 't ar Sp 2-q*if Jim Ferrell, Mayor June 1, 2015 F /LE Mr. Gary Darcey 32205 40th Place SW Federal Way,WA 98023 mynard55@gmail.com Re: File#15-102494-00-AD; LAKE LORENE PLANT MANAGEMENT Dear Mr. Darcey: We have reviewed your request to conduct algae and aquatic plant management activities in Lake Lorene. Application materials consist of a management plan prepared by Northwest Aquatic Ecosystems,the Department of Ecology General Permit for Aquatic Plant and Algae Management,and a Cattail Control map. Lake Lorene is a regulated lake and portions of it meet the definition of a wetland. The Department of Ecology(DOE) has approved the use of Hydrothol 191 and Green Clean Pro (Pak 27) for the treatment of algae in aquatic environments (including Lake Lorene),including the portions of the water body that are considered wetlands.The agency has also approved the use of Glyphosate to treat invasive/noxious aquatic plants in the same water body.The agency has not approved the use of the iron treatment you have also requested be utilized(although that method is under Ecology review). As allowed by Federal Way Revised Code(FWRC) 19.170.050 and 19.175.030(3), the city may approve rehabilitation actions in regulated lakes and wetlands. Based on the evaluation by the DOE,staff finds that the use of Hydrothol 191 or Green Clean Pro (Pak 27) to control algae and glyphosate to control invasive/ noxious plants meet the criteria of the above referenced sections and is therefore conditionally approved as described below. 1. At this time the City is not approving the use of iron (with hydrogen peroxide) as this treatment has not been approved by the DOE. 2. Comply with all conditions of the Aquatic Plant and Algae Management General Permit issued by the DOE. 3. Comply with the Discharge Management Plan prepared by AquaTechnex. 4. Cattail control shall be limited to the control areas identified in Exhibit A,Cattail Control Map (enclosed). 33325 8th Avenue South,Federal Way,WA 98003-6325 • (253)835-7000 • www.cityoffederalway.com Mr.Gary Darcey Page 2 June 1,2015 The approval is valid for the approval duration of the DOE's General Permit,March 18,2016. If you haveany questions,please contact Planning Manager Isaac Conlen at isaac.conlen(a cityoffederalway.com, or 253-835-2643 41,1 Sincerely, 440 � Michael A. Morales Community Development Director Enc: Exhibit A—Cattail Control Map c: Isaac Conlen,Planning Manager Theresa Thurlow,Surface Water Manager Dan Smith,Surface Water Quality Program Coordinator file#t5-102494-00 AD Doc.1.D.69499 I \4\cr.'"*"'4'. ' _ -4 . as imi ( t\ \ AN 46. 1:1 ral 4\'''' / 100. • i =--�- V �. )". i . of \11..."'""." /4 t 0 A 6: ge 4'4 lc "� ��... A trn dr C.: \'''' a alliiirt �. iti) .l le 4 .t _ r Ft " r - N ^ ■� 41- Wil tiii z iii 0 041 '-T1 al Iry 11---L A 3 - a tlt 11 II 1. xi al a ,..,,a%...., Vt' 1 ` or D 44 a ilir r. .. two, fit r. .r+ n, ar Isaac Conlen To: pondweeds©comcast.net Subject: RE: Lake Lorene Plan Outline OK,that's what I needed. Isaac Conlen Planning Manager 253 835 2643 From: pondweeds@comcast.net[mailto:pondweeds@comcast.net] Sent: Friday, May 29, 2015 9:41 AM To: Isaac Conlen Subject: Re: Lake Lorene Plan Outline Hydrothol is the product name Endothall is the chemical name. Green Clean is the product name sodium bicarbonate is the chemical name. Since a number of company's use the same active ingredient Ecology lists the chemical and not the product name, otherwise the list would be pages long. Doug From: "Isaac Conlen" <Isaac.ConlenAcityoffederalway.com> To: "pondweedsacomcast.net" <pondweeds( .comcast.net> Cc: "Gary Darcey" <maynard55(a,gmail.com> Sent: Friday, May 29, 2015 9:34:26 AM Subject: RE: Lake Lorene Plan Outline Hi Doug. I don't see the term `Hydrothol 191' listed under item g.on page 16.The product listed there is`Endothall'. I don't see Green Clean Pro listed under item n.on page 16.The product listed is`Sodium carbonate peroxyhydrate'.What am missing?Give me a call if it's easier to explain by phone. I got the map. I was able to track down a copy of the DMP that Gary gave us a couple years ago,so we're good there. Isaac Conlen Planning Manager 253 835 2643 From: pondweeds@comcast.net [mailto:pondweeds@comcast.net] Sent:Thursday, May 28, 2015 7:46 PM To: Isaac Conlen Cc: Gary Darcey Subject: Re: Lake Lorene Plan Outline Isacc, i • Attached is a map of the area where cattails are present. My respol ibe is in red below From: "Isaac Conlen" <Isaac.Conlene,cityoffederalway.com> To: "Gary Darcey" <maynard55agmail.com>, "Pondweeds@comcast.net" <pondweedsacomcast.net> Sent: Thursday, May 28, 2015 11:29:11 AM Subject: RE: Lake Lorene Plan Outline Hi Gary and Doug, I'm drafting up an approval letter for you. I have a couple of questions(probably for Doug). 1. You indicate you may use either Hydrothol 191 or Green Clean Pro(Pak 27)and Glyphosate,which you state are all approved by Dept.of Ecology. Pgs. 16,17 and 18 of the General Permit identify the products that are authorized. I find Glyphosate listed, but I did not see Hydrothol or Green Clean Pro listed. Maybe it's a terminology thing, but I need help confirming that the products you are proposing to use are authorized by Ecology.Check page 16 of the permit items g Hydrothol and n Green Clean. 2. I need to know the geographic extent in which you wish to treat areas of cat tail with Glyphosate. Do you have a drawing that depicts these areas. 3. Page 11 of the General Permit discusses the need for a Discharge Management Plan(DMP). Is the document called Lake Lorene Algae Management 2015 your DMP?Or are you exempt. Please clarify. Nope the DMP was written by Aquatechnex when the original NPDES permit was issued. Get back to me as soon as possible so I can complete the letter and get it out to you. Best, Isaac Conlen Planning Manager 253 835 2643 2 From: Gary Darcey[mailto:maynaru.,.Agmail.com] Sent: Wednesday, May 13, 2015 4:10 PM To: PondweedsOcomcast.net Cc: Isaac Conlen Subject: Re: Lake Lorene Plan Outline Doug._ At this point I'm not exactly sure what needs to be done to get a letter from the city authorizing us to take actions as the permit allows. Obviously I want us to conduct the experimental treatment if we get permission from Ecology. What I want just as much is the ability to chemically control the invasive plants if we choose to... that control is already on the permit so I'm thinking all we need is the "OK" from the City. I know you have every document Isaac could possibly need to get us authorized. I would like to present our authorized plan at the HOA annual meeting on 2 June. Please get with Isaac and provide him what he needs so a formal letter can be sent to the HOA prior to the end of this month. Gary On Wed, May 13, 2015 at 8:43 AM, Isaac Conlen<Isaac.Conlen@cityoffederalway.com>wrote: To the extent Ecology addresses that issue in the permit it could probably be included. I'll take a look when I get the materials. Isaac Conlen 3 Planning Manager 253 835 2643 From: Gary Darcey [mailto:maynard55Ca>gmail.com] Sent: Monday, May 11, 2015 3:00 PM To: Isaac Conlen Cc: Pondweeds@comcast.net; Grace Skidmore; Janice Fernandez; Kari Cimmer Subject: Re: Lake Lorene Plan Outline Isaac Will this "approval" also cover the non-native invasive emergent vegetation or will that be a different letter? Gary On Mon, May 11, 2015 at 8:43 AM, Isaac Conlen<Isaac.Conlen@cityoffederalway.com>wrote: Hi Gary, I've been meaning to get back to you. First,we are in agreement that you can do the work in accordance with Ecology's permit. I agree we should document this formally. Our code requires that we review and authorize requests for work in lakes and wetlands. Here's what I need: 4 - A short written summary of the proposed work.Clarify if it's the iron treatment or the traditional treatment. - Copy of Ecology permit/approval (either the current permit if that's applicable or a new/modified permit if they approve the iron treatment) Submit these materials to the front counter for an Administrative Decision(AD). I will then prepare a letter of approval. Isaac Conlen Planning Manager 253 835 2643 From: Gary Darcey [mailto:maynard550gmail.com] Sent: Sunday, May 10, 2015 7:49 AM To: PondweedsCc�comcast.net Cc: Isaac Conlen Subject: Re: Lake Lorene Plan Outline Hi Isaac... getting close to "mid-may".. what do I need from the City to execute our plan? Can I get that this week? Maybe it's included in the same correspondence but I also need your agreement that we can treat the non-native emergent vegetation IAW the approved DOE permit. Gary 5 • On Wed, Apr 22,2015 at 9:29 AM, <pondweeds@comcast.net>wrote: Treatment timeline will be determined by lake conditions. We anticipate treating in mid May. Sent from XFINITY Connect Mobile App • Original Message From: Isaac.Conlenc ,cityoffederalway.com To: maynard55@gmail.com Cc: pondweeds@comcast.net Sent:Wed Apr 22 03:51:49 UTC 2015 Subject: RE: Lake Lorene Plan Outline Morning all, I've taken a quick look at the description provided by Doug. Gary or Doug—what is your timeline like?When would you like to apply treatment? Isaac From: Gary Darcey [mailto:maynard55@gmail.com] Sent: Wednesday, April 22, 2015 12:08 AM To: Isaac Conlen Cc: Pondweeds@comcast.net Subject: Re: Lake Lorene Plan Outline 6 Isaac... It is my intention that after you received this email, you would somehow put the City's blessing on our plan, maybe a letter that would say we are good to go. Gary On Tue, Apr 21, 2015 at 10:10 AM, <pondweeds@comcast.net>wrote: Issac, Gary has asked me to outline what are plans for the 2015 treatment season at Lake Lorene. 1. All of the materials and procedures except for our iron experiment have been approved by the Department of Ecology and are covered under the current NPDES permit issued to the homeowners association. 2. Our iron/hydrogen peroxide experiment that will sequester the phosphorous in the water column is currently under review with DOE. If approved this approach will also be covered under the NPDES permit. I believe you have received the science behind the experiment and also how the material will be applied. 3. If our use of iron/hydrogen peroxide application is not authorized then we will really on industry standard applications of either sodium carbonate peroxyhydrate (Pak 27) or Hydrothol 191. Hydrothol 191 has historically been used as a whole lake treatment to control toxic algae blooms at Steilacoom Lake. Pak 27 is used throughout Washington State. Both products have been applied in the past within the Lake Lorene system with no adverse impacts to the ecology of the system.. Applications of these products will target both planktonic and filamentous algae species. 7 • _4. On a monthly basis the system will be monitored to determine the appropriate time for treatment if • necessary. Monitoring will consist of electronically acquiring, pH, DO, turbidity, temperature, and conductivity readings. Secchi disc readings will also be noted along with laboratory analysis of phosphorous concentrations within the water column. 5. There may also be a need to control non-native cattail growth at approximately three small locations lake wide. This will be accomplished utilizing glyphosate at a 1% solution surface sprayed directly onto the noxious species. One or two applications may be required. 6. All NPDES notification requirements as outlined in the permit will be incorporated into the program during each spray event. Any other questions please call at 360-359-2225 or email at pondweeds a ccomcast.net. Thanks fro your interest in the project. Doug Dorling From: "Gary Darcey" <mavnard55(a,gmail.com> To: "Isaac Conlen" <Isaac.Conlen(a,cityoffederalway.com> Sent: Monday, April 13, 2015 4:45:20 PM Subject: Re: Fwd: What the Aquatic Plant and Algae Permit Covers Thanks Isaac Our contractor (Doug Dorling from NW Eco-systems) will be in touch with you soon. He needs to understand exactly what you need for 2015 (and beyond) as far as our action plan. He will then put it together and get it to you for approval. 8 .Since this is a very important matter, I request you put something in "letter format" vice email and send to our office. We keep all of these decisions in a file folder. Please send to the HOA @ 3420 SW 320th, Suite B-3. Federal Way, 98023. Gary 9 . Lake Lorene • Algae Management 2015 Northwest Aquatic Eco-Systems 855 Trosper Road SW 108-#313. Tumwater, WA. 98512 360-357-3285 Douglas Dorling Site Evaluation Comments: Inflowing nutrient problems have historically plagued Lake Lorene and appear to be the direct cause of summer problems. Since there is no apparent short term solution to the inflowing nutrient issues, management of planktonic blooms can only be accomplished utilizing one of two approaches. Early seasonal lake wide nutrient inactivation or individual lake wide treatments as required throughout the summer. Early season nutrient activation has been successfully utilized at Lake Lorene for two years at a cost of approximately $15,000.00 per yearly treatment. Individual lake wide treatments have not proven to be particularly successful with the longevity of such treatments lasting only a short period of time. Management Approach Our management approach considers the use of aquatic algaecides and iron to control algae infestations throughout the system. More importantly, our past experience in treating such dynamic systems, demands that applications be performed in a timely fashion. It is this aspect of the timeliness of treatment where NWA senses past applications fell far short of expectations. • Our management approach to the problem not only recognizes the treatment component but also includes a monitoring module that ensures timely treatment. One aspect of the monitoring component is to determine whether the Phoslock applications applied during 2013 and 2014 actually sealed the lake bottom sediments from releasing nutrients (internal loading) and also to determine if the bottom waters of Lake Lorene turn anoxic during the summer months supporting past Phoslock treatments. Algae Control . Excessive nutrient enrichment has a tendency to encourage algae growth in small shallow lakes. Under the current NPDES permit, Lake Lorene's algae problems can be controlled on an as needed basis by using Hydrothol 191and/or Green Clean Pro (Pak 27). Application of either material is accomplished through the use of a small spray boat equipped with mounted booms and a pumping system to disperse the material. Hydrothol is applied at a rate of 2.2 —3 pints per 1 acre foot while Green Clean Pro rates range between 2-3 gallons per acre foot. Green Clean Pro (liquid formulation) is a more stable product than granular formulations allowing for a higher concentration of hydrogen peroxide to reside in the water column. Granular applications (Pak 27) typically loose a portion of their active ingredient immediately upon entry into the water and when the product is tank mixed prior to application as was performed at Lake Lorene, an even higher percentage of active ingredient is lost. In conjunction with the Green Clean Pro application, the lake will be seeded with granular iron. As reactive iron passes through hydrogen peroxide (active ingredient of Green Clean Pro), iron particles will oxidize to ferrous oxide and then to ferrous oxide hydroxide, a flocculent. The ferrous oxide hydroxide is the form of iron that has a greater ability to absorb phosphorous. The flocculent formed should remove enough phosphorous from the water column reducing levels below those necessary to sustain blue-green algae blooms for the remainder of the season. Timeliness of treatment is critical and will be determined as a result of our monitoring efforts. Once threshold levels are obtained, treatment will be initiated. Typically such thresholds are reached when secchi disc readings are less than six feet. There is no guarantee that the proposed iron floc approach will be successful. Bench testing supporting current data in occurrence with past studies are currently occurring. Current data supports the science. Our approach being experimental in nature requires a secondary approach to control problematic algae flare ups if such occur. Hydrothol 191or Green Clean applied on a monthly basis will address such concerns. Our Hydrothol applications are guaranteed to control the problematic species at the time of treatment. Monitoring Treatments are contingent on the species of algae present and the concentrations identified throughout the water column. While the Phoslock treatments were designed to achieve total phosphorous concentrations below 50ug/1. The required standard nationally is 30 ug/1, while Washington State standards for low level lakes is 20 ug/l. Data provided by Aquatechnex indicates total phosphorous levels exceeded 30 ug/1 post application for nearly two months during the main summer season of 2012 and barely below the 30 ug/1 level for only the month of July. Total phosphorous concentrations never reached the Washington State standard for low level lakes, 20 ug/l. There has been no data provided addressing the 2013 Phoslock application. Our monitoring program incorporates state of the art YSI electronic optical water quality monitoring probes that have the ability to field test any segment of the water column for dissolved oxygen, turbidity, temperature, pH, conductivity, cell count and chlorophyll a. Field data is supplemented with a laboratory sample that identifies algae species, concentrations and a secchi disc reading. Electronic sampling will be conducted within the deepest portion of the lake at one foot increments from the water surface. April - initial monitoring and baseline data acquisition May- monitoring event June - monitoring event • July- monitoring event August- monitoring event 2 September- monitoring event October- monitoring event November-monitoring event All other months - site visits only, no sampling events. Before any monitoring occurs, our team will survey Lake Lorene with a sophisticated electronic mapping system resulting in an updated bathymetric contour of the lake and sediment • composition profile. Sonar electronics may identify the reported Phoslock sediment barrier. Surveying would occur during the winter months after the lake has reached the normal high water mark. At the time of the survey two core samples will be taken for visual observation in an effort to determine if the floc layer, as noted by Aquatechnex, was established through the 2013 and 1014 Phoslock applications. The anticipated floc layer formation is identified on page 3 of the Phoslock application protocol submitted for the 2013 -2014 pilot project. No such evaluation has been performed. Sediment Composition Bottom Contour - ` ,.. ,..." � Yw•, • imirstAi s s Sonar Log—Lake Bottom 3 Treatment Protocol In an effort to sequester phosphorous from the water column, an initial application of granular iron and food grade hydrogen peroxide will be applied to the lake during the month of May or when targeted algae species appear. Iron and hydrogen peroxide will be co-mixed and injected at depths one and three feet below the water's surface. Once introduced the iron will hydrolyze to form ferrous hydroxide. This form of iron has a limited ability to absorb phosphorous. In order to transform the ferrous hydroxide to ferrous oxide hydroxide, hydrogen peroxide a registered algaecide, will also be injected into the lake. Hydrogen peroxide, will oxidize the ferrous oxide to ferrous oxide hydroxide, a flocculent. The experimental nature of our approach requires a backup plan to address potential algae related problems if the nutrient reduction component of the initial application fails. Additional algae control measures, if necessary, to prevent toxic or unacceptable aesthetic conditions will utilize the application of Hydrothol 191 lake wide to suppress algae growth. It is anticipated that three or possibly four applications may be required. Treatments will be initiated when blue-green species' cell counts exceed 30,000 cells/1 or secchi disc readings fall below 6 feet. When such lake conditions exist, treatment of the entire water- body would occur. Application of Hydrothol is accomplished through the use of a small boat equipped with a pump and discharge system that will deliver the material at both the one and three foot levels below the water's surface. Results are relatively quick with cell die off noted within hours of the application. Hydrothol 191 has a longer life span in the water column then Green Clean (hours). Hydrothol continues to actively work throughout the water column for 24 hours or more. There are no state or federal swimming restrictions associated with Hydrothol use. However, the Washington State Department of Ecology recommends no swimming within treated areas for 24 hours. Irrigation is typically restricted for 7 days. Cattail Control There may be a need to control non-native cattail growth along three to four shoreline areas. These infestations are small and will be controlled with the use of a 1% solution of glyphosate sprayed directly onto the targeted sites. One or two spraying events will be required. In Review 1. All of the materials and procedures except for our iron experiment have been approved by the Department of Ecology and are covered under the current NPDES permit issued to the homeowners association. 4 2. Our iron/hydrogen peroxide experiment that will sequester the phosphorous in the water column is currently under review with DOE. If approved this approach will also be covered under the NPDES permit. 3. If our use of iron/hydrogen peroxide application is not authorized then we will really on industry standard applications of either sodium carbonate peroxyhydrate (Pak 27)or Hydrothol 191. Hydrothol 191 has historically been used as a whole lake treatment to control toxic algae blooms at Steilacoom Lake. Pak 27 is used throughout Washington State. Both products have been applied in the past within the Lake Lorene system with no adverse impacts to the ecology of the system. Applications of these products will target both planktonic and filamentous algae species. 4. On a monthly basis the system will be monitored to determine the appropriate time for treatment if necessary. Monitoring will consist of electronically acquiring, pH, DO,turbidity, temperature, and conductivity readings. Secchi disc readings will also be noted along with laboratory analysis of phosphorous concentrations within the water column. 5. There may also be a need to control non-native cattail growth at approximately three small locations lake wide. This will be accomplished utilizing glyphosate at a 1% solution surface sprayed directly onto the noxious species. One or two applications may be required. 6. All NPDES notification requirements as outlined in the permit will be incorporated into the program during each spray event. 5 T 1Tc RECEIVED BY `, ° COMMUNITY &ECONOMIC }' ''`� DEVELOPMENT DEPARTMENT MAY 222015 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 March 26, 2015 Mr. Doug Dorling Permit Number:WAG994199 Northwest Aquatic Ecosystems Site Name: Lake Lorene 855 Trosper Rd SW#108-313 Tumwater,WA 98512 RE: Transfer of Coverage under the Aquatic Plant and Algae Management General Permit Dear Mr. Dorling: The Washington Department of Ecology(Ecology)received a Transfer of Coverage form for your permit. This letter notifies you that our recordshave�h 16,O15.dated to show you are Ret in this letter with responsible for permit coverage and liability, your permit other documentation.These form the official record of permit coverage for your site. • Treatment Timing Windows Ecology conditions each permit coverage to mitigate impacts Wildlife priorityon,steelhead habitat s dolly species varden/bull trout and Washington Department of F using Treatment Windows. The Treatment Window dates are inclusive. For this permit coverage, your required Timing Window is: Timing Window: For herbicides that have a timing restriction, year around as needed. Reason: n/a In addition to your required Timing Window,there may also be Timing Windows that are voluntary and should be considered if work schedules allow.a ovreference, e e c complete set of Treatment Windows may be accessed here: http://www.ecy. g P g final_pesricide_permits/aquatic_plants/permitdocs/wdfwtiming•pdf. Doug Darling March 26, 2015 Page 2 Permit Fees State law(RCW 90.48.465)requires that all permit holders pay an annual fee based upon the state fiscal year which is July 1 to June 30. Ecology will mail permit fee bills to all permit holders annually each August. Permittees that have permit coverage on July 1 are billed for annual fees. If you would like more information on the fee process, contact Bev Poston,Permit Fee Administrator at(360)407-6425,or bev.poston@ecy.wa.gov. Anneal You or a third party have a right to appeal this general permit coverage to the Pollution Control Hearing Board(PCHB)within 30 days of the date you receive of this letter. The appeal process is governed by chapter 43.21B RCW and chapter 371-08 WAC. "Date of receipt"is defined in RCW 43.21B.001(2). To appeal, you must do the following within 30 days of the date of receipt of this letter: • File your appeal and a copy of the permit cover page with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours. • Serve a copy of your appeal and the permit cover page on Ecology in paper form-by mail or in person(see addresses below). E-mail is not accepted. You must also comply with other applicable requirements in chapter 43.21 B RCW and chapter 371-08 WAC. Address and Location Information Street Addresses: Mailing Addresses: Department of Ecology Department of Ecology Attn: Appeals Processing Desk Attn: Appeals Processing Desk 300 Desmond Drive SE PO Box 47608 Lacey, WA 8503 Olympia,WA 98504-7608 Pollution Control Hearings Board(PCHB) Pollution Control Hearings Board 1111 Israel Road SW, Suite 301 PO Box 40903 Tumwater,WA 98501 Olympia,WA 98504-0903 Doug Dorling March 26,2015 Page 3 Ecoloov Technical Assistance Please include the permit number as printed on page one of this letter in any future correspondence or telephone calls to Ecology. If you still have questions after reviewing your permit,please contact Jon Jennings at(360)407-6283 or jonathan.jennings@ecy.wa.gov. Sincerely, Bill Moore, P.E. Program Development Services Section Manager Water Quality Program Enclosures: Aquatic Plant and Algae Management General Permit cc: Ecology Permit Fee Unit, HQ Jon Jennings, HQ . ' O VV•• Ya DllARIr 4t 01 L i L,*�1 A • TeC��� - 4``", WATER QUALITY PROGRAM fJ ��+ a�ti � i •� r r �id7� 1`x '�4 #Nsh w"'iZ �¢r ,,,.d ''r' y, ..'� asp: �# ` s F,y vi+� } r � �i sfl "•� g nasi ._ n4'S •t.. ti. �'`, • -;-.4,44''..--4,4"24 :'"le !� ° <<d a +_V �. -.e xwY'�,_`r�. y S ��jj"" 1'.�..SR?° 4r i .0 �x '. - y kl,L - ,2x�`-.r r� ..'. r j..'�CtC.� �-#�'�'"1 r>'"��"!.w��yi�: "f "' .�� �;F€a�r'' ttis: .'M1+ah �r.: V+ �- 1.Lir ." , �h-� 4-1 ...A r t ,,.lMi ur !' Y54 6k rF .. 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'� - ^h s.`}$ I'4� J fzr + `� ,,-k.' a, pia?}, �-, i -.S f .h wt `1* - 1� � Alf �S�i:. iZ.�^ ; s ry a; 14 rA ii , �r4. `� G ask ��� av � ����zil""6.�taw IN. .,a,/�.'�� t�'�°o`er•��� zp c` -as.,y &. *' r.'i �k r.45 1 w a r , ...„.. 4.�.. - -fit,.. '+;A: .-4 * Ki A. • �i �� ; •'^ r .„,„._„„ .-r,k tg. n 04 ��rr, E W Ems; ..t _i .(. _ • r.-4.5,t... 4 !: . tyc ,,t ..� t ,k.: r "�A� . ,,— a`..lS� R3; 3[.�if■•� 'GYl,E.�. i,- J., 4'�! .44 3 <.4 i�I. CL'1j wit .,-' }`-- J„ty: _Fa `:i j3 z'+' k-x . a , c :4' t n ,. r '�r ;�c } ,,e" d� r+t A w t. • AquaTechnex, L L C POBox 1)8 Centralia,WA 98531 Prepared for Washington Department Of Ecology 0.►® www.aquatechnex.com The Aquatic Plant and Algae Management General Permit Discharge Management Plan (DMP)1 for Permittees with DEPARTMENT OF ECOLOGY Continuing Coverage (Treatments of Five or more Acres) State of.Washington Permit Number:WAG 994199 ®New DMP L Updated DMP Use the tab key to navigate to each form field. I. CONTACT INFORMATION The Permittee/applicant must develop its DMP jointly with the sponsor.2 1. Permittee contact information (name,business name,physical business address and mailing address if different,phone number,email address and website address,if applicable): Aquatechnex,LLC,PO Box 118 Centralia,WA 98531(mailing address)1801 Van Wormer,Suite 1 Centralia,WA 98531 (physical address). 360-330-0152 www.aquatechnex.com and www. aquatechnex:wordpress.com 2. Sponsor contact information(name of sponsor representative,if applicable,sponsor name, address,phone number,email address,website address,if applicable): Twin Lakes Home Owners(current Home Owner Lead:Bob Hill) 3420 SW 320th Street,Suite B-3,.Federal Way,WA 98023. (253) • II. WATER BODY INFORMATION 1. Water body name: Lake Lorene See www.ecy.wa.gov/programs/eap/lakes/wq/index.html for lake information and maps. 2. Location of the water body(latitude longitude): 47°18'42"N,122°23'14"W 3. County and WRIA where the water body is located: King County,WRIA 10 WRIA maps www.ecy.wa.gov/services/gis/maps/wria/wria.htm 4. Acreage of the water body: 8.2 5. Mean and maximum depth of the water body: Estimated Mean depth 5 ft and Max dept 12 ft. Attach a bathymetric map of the water body.3®You may also use this map to include additional information asked below as long as the information does not obscure the bathometry.Water Supply Bulletins contain information about many Washington Lakes including bathymetry.See www.ecy.wa.gov/programs/eap/wsb/wsb Lakes.html • If a water body plan exists that is equivalent to the Discharge Management Plan(DMP),the applicant/Permittee may submit this plan.However,the applicant/Permittee must certify to Ecology that the equivalent plan contains all the elements included in this template.If the equivalent plan lacks elements,the applicant/Permittee may attach the missing information to the plan and must certify that this plan meets the DMP requirements. 2 Government applicants/Permittees do not need sponsors.Private applicators are required to have a sponsor. 3 If a bathymetric map does not exist for the water body,the applicant/Pennittee can attach a map with approximate water depths for the treatment areas. ECY 070-380b(2/2011) 1 • 6. Names and locations of any inlets and outlets: Inlet and outlet name is Joes Creek. Include the tributary locations on the water body map: El 7. If the water body is on the 303(d)list,what parameters is it listed for(phosphorus,oxygen, toxins)? Not listed Washington's 303(d)-listed water bodies www.ecy.wa.gov/programs/wq/303d/index.html 8. List the aquatic plant species(species or common names)in the water body(submersed,floating, and floating-leaved plants)and along the shorelines(emergent plants): Coontail,common • elodea,yellow flag iris,duckweed,common naiad, fragrant water lily,curly leaf pondweed,flat- stalked pondweed,grass-leaved pondweed,white-stem pondweed,Rishardson's pondweed,thin- . leaved pondweed,sago pondweed,common cattail. Ecology's aquatic plant database www.ecy.wa.gov/programs/eap/lakes/aquaticplants/index.itml#annualsurvey Ecology's freshwater plant identification manual www.ecy.wa.gov/programs/wq/plants/plantid2/index.html 9. List the species and classification or designation of all state-listed aquatic noxious weeds in the • water body or along the shoreline: Fragrant water lily is Class C,curly pondweed is Class C,and yellow flag iris is Class C. Washington State Noxious Weed Control Board list of noxious weeds http://apps.leg.wa.gov/WAC/default.aspx?cite=16-750 10. List any sensitive,threatened,or endangered aquatic plant species in the water body or along the shoreline: Acording to the data base provided by Ecology and DNR no sensitive,threatened, and/or endangered aquatic plants species exist in the water body or along the shoreline. A Determination of Non-Significance was issued for this site when the original permit coverage was • issued by the State of Washington. Attach a recent map of their locations. ❑ Washington Department of Natural Resources(DNR)rare plant information • wwwl.dnr.wa.gov/nhp/refdesk/plants.html or contact Ecology's permit manager for this information. 11. List any sensitive habitats or wetlands associated with the water body: According to the DNR database of high quality/rare ecological communities,there are none noted in the project area. Attach a recent map of these areas: ❑ DNR's information about high quality/rare ecological communities www1.drmwa.govinhp/refdesk/communities.html 12. List the fish species(species or common names)using the water body and associated tributaries: Trout,sunfish,crapie,bass,and carp. Ecology's species timing windows(information prepared by the Washington Department of Fish and Wildlife(WDFW) www.ecy.wa.gov/programs/wq/pesticides/final pesticide permits/aquatic plants/permitdocs/ rectreatwind090110.pdf ECY 070-380b(2/2011) 2 • • 13. Are any of the fish species using the water body and associated tributaries sensitive,threatened, or endangered? No If present,at what time of year are they in the water body? N/A 14. List other aquatic animals(amphibians,beavers,muskrats,etc.)using the water body: Muskrats otters and beavers may frequent the lake from time to time. Amphibians such as frogs and salamanders are also frequently observed around the lake. 15. List any sensitive,threatened,or endangered aquatic animals(excluding fish)using the water body: All available information on these species is on a county-specific basis and little or no information is available for this project site specifically. The list of aquatic species which fall into this category and may possibly be present include the following:Larch Mountain Salamander, Oregon spotted frog,and Pacific Pond Turtle,and Fisher. WDFW Priority Habitats and Species www.wdfw.wa.gov/conservation/phs/list/ • 16. List waterfowl and other types of birds associated with or using the water body: Ducks,geese, coots,wood duck,cormorants,Storm-petrals,Terns,Alcids,and see number 17. http://wa.audubon.org/ 17. Are there any sensitive waterfowl and bird species(common names)or important nesting areas or rookeries associated with the water body? According to WDFW PHS database the area has been used by Common Loon,Marbled Murrelet,Bald Eagle,Peregrine Falcon,and Spotted Owl. The information contained in the database is county-specifc only. There is no information specific to the waterfowl species utilizing water body. Use of the project site specifically is possible,though is likely tansitory or migratory in nature. Bald Eagles and other birds of prey may be using the area for hunting/fishing activities. No known nesting sites are in the project area. If so,attach a map of these areas. ❑ WDFW Priority Habitats and Species www.wdfw.wa.gov/conservation/phs/list/ See also WDFW species timing windows www.ecy.wa.govlprograms/wq/pesticides/final pesticide permits/aquatic plants/permitdocs/ rectreatwind090110.pdf 18. Are there any salmon hatcheries that could be affected by a chemical treatment? No. http://wdfw.wa.gov/hatcheries/overview.html If so,describe the process for consulting with the hatchery manager to avoid any treatment impacts: N/A • 19. Describe any characteristics of the waterbody that are unique to the waterbody that were not covered in the above questions: None 20. Describe the major land uses around the water body:4 Residentail Local land use ordinances-links to counties and cities http://access.wa.gov/government/local.aspx 4 Major land uses include rural,residential,agricultural,etc. ECY 070-380b(2/2011) 3 21. Are residences on sewer or on septic systems?Sewer 22. List any residents that use the water body for drinking water: The WA DOE Water Rights Mapping Tool indicates no water device points in the water body. Do they have a water right or a water claim? N/A. Is the water body their sole source of drinking water? N/A. Ecology's water rights inquiries www.ecy.wa.gov/programs/wr/rights/water-right-home.html 23. List any residents that have a water right or a water claim for irrigation or stock watering: None See water rights inquiries 24. Are there seasonal residents that may not receive treatment notices delivered to these residences? No,residencies are typically owner-occupied. If so,describe any additional notification steps taken to ensure that off-site property owners receive adequate treatment notification: These residents will be notified by email,phone,and written notice as required by the general permit. The general permit has specific requirements for notification distances and these will be observed. Additional notification takes place through community billboards and newsletters. Addionally,an online blog can be set up for the members of the community. 25. List the beneficial uses of the water body:5 Wildlife habitat,recreation,boating,fishing,and . aesthetic values. Develop and attach a beneficial use map of the water body.El IILI. PROBLEM DESCRIPTION AND STATEMENT6 1. Describe the plant species,plant types(emergent,submersed,etc.),locations,and density of the problem plants7 in the water body: Submersed plants are coontail,common elodea, duckweed, common naiad,curly leaf pondweed,flat-stalked pondweed,grass-leaved pondweed,white-stem pondweed,Rishardson's pondweed,thin-leaved pondweed,and sago pondweed. Emergent vegetatoin:yellow flag iris and cattail. Floating leaf:fragrant water lily. All species annually have the ability to become dense throughout the lake left unmanaged. 2. Identify whether the problem plants are noxious weeds,nuisance native plants,or both: Problem plants are both nuisance and noxious weeds. 3. Describe any algae problems occurring in the water body: Algae blooms occur through the growing season and periodically become toxic. Provide any history of cyanobacterial toxins in the water body: Sample Number:LORKIO1_11-05 taken 9/21/11 provided a Microcystin toxin detect of 0.062 ug/L. Ecology's Toxic Algae Database www.fortress.wa.gov/ecy/toxicalgae/InternetDefault.aspx 4. Identify and discuss possible factors that are causing or contributing to excess plant growth or algae problems(e.g.,nutrients,invasive species,etc.): Internal and external loading of 5 See a list of beneficial uses in the reference section at the end of this document. 6 See A Citizen's Manual for Developing Integrated Aquatic Vegetation Management Plans www.ecy.wa.cov/programs/wo/plants/managem ent/man ual/i ndex.html 7 See Section 2,Question 8 above for web information sources. ECY 070-380b(2/2011) 4 phosphorus. 5. Identify the beneficial uses that the problem nuisance plants,noxious weeds,or algae are disrupting and describe how these uses have been impacted: The beneficial uses identified for this lake are listed in Question 25 of section II above. They are wildlife habitat,recreation,fishing, and aesthetics. Nuisnace aquatic weed growth has had a severe impact over the years on recreation. Aesthetics are annually reduced due to massive algae bloom to the point where residents cannot use their lake fronts due to odor. Safety can be significantly impacted when alage blooms become toxic. The plants pose both a direct danger to lake users as an entanglement hazard and can hinder any life-saving efforts. Lakes and Algae Management www.ecy.wa.gov/programs/wq/plants/algae/lakes/index.html IV. MANAGEMENT GOALS 1. Is this an eradication project,a control project,a nutrient inactivation project,or a combination? This is a control project due to the lake being hydraulically contected to a known potentail source of aquatic plant species. 2. Describe the specific management goals for this project: Manage invasive and nuisance aquatic species through educational outreach,prevention,control and surveillance. V. SURVEILLANCE 1. Attach a map that includes the approximate location and species of the aquatic plants in the water body and the proposed management areas: El Ecology's survey methods for aquatic plant mapping www.ecy.wa.gov/programs/wq/plants/management/stuveyhtml 2. Describe any unique characteristics about the problem plant species that may help determine the most appropriate management methods and timing: The most appropriate control technologies are those that will significantly reduce the population of this plants within the treatment area. The timing of control will be based on the technology selected and the mode of action with respect to growth stage of the aquatic plant(s)being targeted. Treatments will be made each year this permit is in place after survey and mapping efforts locate weed growth meeting action thresholds. Timing windows which are in place to minimize the impact of control efforts on sensitive species will be adhered to. 3. Describe your surveillance plan for evaluating the treatment management areas to determine when treatment or re-treatment is appropriate(triggers the action threshold see the Action Threshold Section VI.): The project site is to be surveyed on an annual basis. Specific attention is given to the identification and location of weed and algae species. The project site is evaluated in April to July of each year to evaluate control locations,needs,and methods: Treatments are planned prior to seed production. 4. Describe how you will evaluate(monitor)treatment effectiveness and explain your criteria for determining treatment efficacy for management of aquatic plants and algae: Treatment efficacy is observable within a known time window for the mode of action of a herbicide,immediately for ECY 070-380b(2/2011) 5 • mechanical work and within a season or two with biological control agents where they can be used. We will use both field observations before and after the mode of action should have completed its cycle to evaluate the impact on the target aquatic weeds within the treatment areas. As post treatment intervals are reached,the results should show a reduction in density or biomass if the treatment was effective. If the treatment reduces the plant populations below the thresholds outlined in this plan,it will be deamed a success. If there are areas that require additional focus then additional treatments using the tools available may be implemented. At this time,a determination will be made as whether or not the mid-summer application timing window will be used to perform additional treatments. In future years,it is possible that noxious weeds could be reintroduced to this site. As that occurs this monitoring program will note and document. expansion and when thresholds are exceeded,additional aquatic plant management activities may be implemented as appropriate. 5. Describe how you will monitor for any adverse impacts of the management actions: We do not expect any adverse impacts from the management actions completed under this permit. US EPA registered aquatic herbicides will be the primary tool used and that is the reason for this permit application and Discharge Management Plan. Prior to EPA registration,manufacturers of these products need to satisfy EPA that they can be used at label rate and under the recommendations included on the product label without adverse impacts on the environment. Products that do cause adverse impacts do not meet EPA standards and do not receive registration or are assigned label restrictions that mitigate impacts. In addition,the Washington Department of Ecology through this NPDES permit and associated Environmental Impact Statements further estabished that the products included in the general permit can be used without causing adverse impacts when the directions and condition&present in the NPDES permit are followed. That permit provides specific direction on the monitoring that is required for each of the active ingredients that might be selected for use. When aquatic herbicides are used on this project,the monitoring requirements for the size of the treatment and the active ingredient selected will be monitored as directed. All timing windows in place for working on lakes,and this pooject site specifically,will be adhered to at all times. VI. ACTION THRESHOLDS Under integrated pest management programs,management actions occur when a pest exceeds a certain number or density. Action thresholds may vary depending on the plant or alga(cyanobacteria) species and the beneficial uses affected by these organisms. 1. Explain how you will determine the action thresholds for aquatic plant or algae management in this water body: There are a number of steps that take place in our decision to deploy aquatic plant management tools such as aquatic herbicides. The first major component is our survey work. Each year of this permit coverage,the survey will locate aquatic plant popultions. As this is a noxious and nuisance weed control project,all plant populations found will be assessed to determine if control is required. In addition,plants that are on the Washington State Noxious Weed list are there because of the environmental or economic damage they cause. In many cases weeds on this list are required by law to be controlled. When noxious weeds are present in waters whos primary purpose is recreation at levels that severely restrict this use,we deem that the weed growth has exceeded the management threshold and control is required to restore the beneficial use. Environmental Protection Agency Integrated Pest Management Principles ECY 070-380b(2/2011) 6 • www.epa.gov/opp00001/factsheets/ipm.htm 2. Describe the action thresholds that you(and the sponsor)have selected for this water body(e.g., densities and types of plants;cell numbers or toxicity thresholds for algae)and for different treatment areas,if appropriate: This project is primarily a"control",however the stakeholders and memebers of the community recognize the importance of removing as.much non-native noxious plant growth as possible,as such any amount of the above noted listed noxioius weeds found at any level exceeds action thresholds and needs to be targeted. See A Citizen's Guide for Developing Integrated Aquatic Vegetation Management Plans www.ecy.wa.gov/programs/wq/plants/management/manual/chapterll.html VII. MANAGEMENT ALTERNATIVES • Management strategies often involve several methods.Describe which of the following aquatic plant or algae management methods are applicable for the water body and provide specific reasons why or why not.Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of each method,if applicable to this water body.See management methods for plants and algae- www.aquatics.org/pubs/madsen2.htin • www.ecy.wa.gov/programs/wq/plants/management/index.html www.aquatics.org/bmp.htrn 1. No action Explain the short and long-term impacts associated with not managing problem aquatic plants or algae: Nuisance and noxious aquatic weed growth have been present during the summer months in this location at levels severely impacting beneficial uses. If no action is taken to reduce the density of this weed and alage growth,plants and algae will continue to grow and spread in the short term,making this water body unsafe and cause the habitat available for fish and wildlife to decline.In the long term,the weeds could spread to other lakes through tranport on recreational equipment leaving this system. We do not see the no action alternative as viable with respect to maintaining beneficial uses at this site. 2. Prevention Describe any activities taken to prevent plant or algae problems from occurring: This treatment location has experienced dense nuisance and noxious aquatic weed growth for years. An ongoing program of monitoring and response when threshholds are exceeded will be used. Education about the spread of invasive species is posted at all nearby access and public recreation areas. These include educational outreach and signage regarding noxious weed species. 3. Manual control methods(hand pulling,raking,cutting tools) Are manual methods suitable aquatic plant management methods for this water body?If not, explain why not: Yes Do you or the sponsor plan to use manual methods to help manage problem aquatic plants or have manual methods been used in the past?Describe use: The sponsor plans to use manual methods to help manage aquatic plants. This method has been'used in the past to remove aquatic plant biomass that up rooted and/or is floating on the lake surface. ECY 070-380b(2/2011) 7 Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of manual control methods: Manual removal causes short term turbidity and disturbs bottom dwelling organisms.In addtion,it causes the plants to fragment contributing to spread as several of the target species have fragmentation as a primary means of dispersal. 4. Bottom barriers Are bottom barriers suitable for aquatic plant management for this water body? If not,explain why not: Yes Do you or the sponsor plan to use bottom barriers to help manage problem aquatic plants or have bottom barriers been used in the past?Describe use: Bottom barriers have been used in high use swim areas of the lake to maintain no plant growth. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of bottom barriers: Bottom barriers do provide excellent aquatic weed control where they are placed,but they also cover bottom sediments and cobble. This isolates these areas from the water column. The movement of invertebrates from the water to the sediments is halted in areas where mats are installed. Gas buildup under these mats is a significant problem in many lake sediment types. Hydrogen sulfide gas can accumulate and be released on one large discharge. The cost effectiveness in this case makes this tool unfeasable for this location. Bottom barrier purchase and placement averages about$0.75 to$1.00 per square foot. As there are 43,560 square feet in an acre,the cost of this technology is unfeasable for this site. In addition,these barriers have a substantial maintenance requirement,they have to be inspected for safefy and placement and as soon as light sediment builds up on top of the mats aquatic plants can again root. At the end of their useful life(or two years)the barriers are required to be removed and that process incurs an additional cost. • 5. Diver dredging Is diver dredging a suitable aquatic plant management method for this water body? If not, explain why not: Diver dredging is not proposed because of the high cost and type of plants requiring control. Do you or the sponsor plan to use diver dredging to help manage problem aquatic plants and algae or has diver dredging been used in the past?Describe use: Diver dredging is not proposed and has not been used in the past. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of diver dredging: Diver dredging causes short term turbidity and disturbs bottom dwelling organisms and spawning beds. In many cases invertabrate species are also removed as bycatch and this causes direct mortality. The Washington Department of Labor and Industries has placed significant safety requirements on those that perform this task such as minimum numberes of divers in the water each with a tender diver observing operations. This places a very significant cost on this technology. 6. Water level drawdown Is lowering the water level a suitable aquatic plant or algae management method for this water ECY 070-380b(2/2011) 8 body? If not,explain why not: Drawdown is not proposed. Generally speaking,the winter weather patterns west of the Cascade Mountiains do not support drawdown as a viable control strategy. Do you or the sponsor plan to use water level drawdown to help manage problem aquatic plants and algae or has drawdown been used in the past? Describe use: Drawdown is not proposed and has not been used in the past. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of water level drawdown: Water quality would likely not be impacted,but if it were possible to draw down the water level,fish stranding and impacts to waterfowl would occur. As the water level cannot be lowered on this lake,this is a moot point. 7. Nutrient reduction Is reducing nutrients a suitable algae or aquatic plant management method for this water body? If not,explain why not: Yes. Do you or the sponsor plan to reduce nutrients to help manage algae or aquatic plant problems or has nutrient reduction been used in the past?Describe use: Plans are being discussed for nutrient reduction this year. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of nutrient reduction: Nutrient reduction will improve water quality,the cost is • high,however the proposed method is longterm. Proposed nutrient reduction would have no effect on non-target organisms. 8. Mechanical methods(harvesting,mechanical cutting,rotovation) Are mechanical methods suitable for managing aquatic plants or algae in this water body? If not,explain why not: Mechanical methods are not proposed because of the cost of renting/purchasing the equipment and the fragmentation of the plants that occurs with these methods. Harvesting also only provides a short term reduction in plants. Rotovation has not been considered because of the disruption of bottom sediments and organisms and the dense mats of root crowns that are disloged by that type of operations. Do you or the sponsor plan to use mechanical methods to help manage problem aquatic plants or algae or have mechanical methods been used in the past?Describe use: Mechanical methods are not proposed and have not been used in the past. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of mechanical methods: Small organisms can get caught in the harvester,the cost of renting or purchasing a harvester is high considering the relative ineffectiveness of the method. See answer to Question 8 in this section. • 9. Sediment agitation(weed rollers,beach groomers) Are sediment agitation devices suitable for managing aquatic plants in this water body? If not, explain why not: Sediment agitation is not proposed because the area to be treated is quite large, ECY 070-380b(2/2011) 9 and there isn't a place to attach the roller(no dock pilings,etc.). Do you or the sponsor plan to use sediment management devices to help manage problem aquatic plants or have sediment management devices been used in the past?Describe use: • Sediment management devices are not proposed,and have not been used in the past. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of sediment agitation methods: Sediment agitation disturbs bottom dwelling organisms and causes short-term turbidity.This method is not feasible due to the large area to be treated and lack of anchoring location for the rollers. 10. Biological control (triploid grass carp,milfoil weevils) Are there appropriate biological control methods available for managing aquatic plants in this water body? If not,explain why not: Yes Do you or the sponsor plan to use biological control to help manage problem aquatic plants or has biological control been used in the past? Describe use: Grass carp are currently being utilized as part of an integrated vegetation management plan. Discuss impacts to water quality and impacts to non-target organisms and the feasibility and the cost-effectiveness of biological control: Grass carp may eat other more palatable plant species before eating species of concern. Studies have shown grass carp introduction typically increase and cause nutrient loading within the water bodys they are planted in. 11. Chemical control Are chemicals suitable for managing aquatic plants and algae in this water body? If not,explain why not: Yes,US Environmental Protection Agency registered aquatic..herbicides applied by trained aquatic applicators following the direction of the NPDES general permit issued by the Washington Department of Ecology are suitable for managing aquatic plant growth at this location. Do you or the sponsor plan to use chemicals to help manage problem aquatic plants and algae or have chemicals been used in the past?Describe use: Yes,over the life of this general permit our group will,when necessary,chose to use EPA registered aquatic herbicides when and where they are the best tool to mitigate nuisance and noxious aquatic weed probems at this site. As this is a control project,and the project site is only a small part of the entire waterbody,continued use of these tools will likely be required since it is expected that the site will have these plants reintroduced. During the life of this permit all of the aquatic herbicides listed on this general permit may be considered and selected based on the problem species present. Discuss impacts to water quality and non-target organisms and the feasibility and the cost- effectiveness of chemical control methods: EPA registered aquatic herbicides can show good control of submersed plants where there is little water movement and an extended time for the treatment.Its use is most applicable to whole-lake or isolated bay treatments where dilution can be minimized. Granular formulations are proving to be effective when treating areas of higher water exchange or when applicators need to maintain low levels over long time periods.Water quality impacts are very minimal when using aquatic herbicides in aquatic situations. When the aquatic ECY 070-380b(2/2011) 10 herbicides listed on this general permit are applied in accordance with the EPA herbicide label direction and under the direction provided in the NPDES general permit,water quality and impacts on non-target organisms are mitigated and not expected to occur. That is the purpose of •the EPA registration process and the NPDES rules for the use of these products. The use direction and regulations in these two documents insure that impacts do not occur when that direction is followed. VIII. ACTION PLAN • Choose the management method or combination of methods that best meets the needs of water body users in accordance with plan goals. 1. Identify each proposed management method(this may include actions taken by individual residents)for the water body: The main management method proposed at this time is chemical treatment with EPA registered aquatic herbicides applied under the guidance in the General NPDES permit from the Washington Department of Ecology.Educational signage and outreach will continue to encourage boaters to take proper measures to prevent the spread of invasive species. 2. For chemical management,list the active ingredient and the target plant or algae species for each chemical: All aquatic herbicides and their active ingredients are listed on the general NPDES permit that governs this work and the notice of coverage that has been issued to the applicator for this lake. In the process of submitting an Notice of Intent to gain permit coverage,we have requested a number of herbicide tools be available during the course of this permit because conditions present in the lake can change. The target species are yellow flag iris,cattail,algae, pondweed spp.and white water lily. Glyphosate,diquat,endothall are the active ingredient of the aquatic herbicide used to control listed species. - 3. Identify any federal,state,or local ordinances/laws that may affect chemical treatment or require permits in addition to the Aquatic Plant and Algae Management Permit: The Washington • Department of Ecology General NPDES permit has identified all other federal,state and local • ordinances that may affect chemical treatment and they have incorporated them into the general permit. Where additional regulations impact treatments they are identified and mitigated by direction in the permit. For example there is a fish timing window for all aquatic herbicides allowed by the permit included there in that must be followed and different herbicides have different timing requirements based on the need to comply with various federal regulations. 4. Identify the area in the water body where each management method will be used: Chemical treatment will take place within the littoral zone and near shore area of the Lake.Maps are included with this DMP and coverage is maintained under the NPDES permit. • 5. Identify the timing for each management method and assess how often you may need to repeat the action each treatment season: Aquatic plant surveys will be performed in mid-summer. After each survey is complete,recommendations will be made based on established treatment threshholds. Initial chemical treatment will occur soon after the survey in each case if warrented. ECY 070-380b(2/2011) 11 6. Evaluate the compatibility of the Action Plan with human health,fisheries,wildlife,waterfowl, wetlands,rare plants,endangered species,water right holders,and the ecology of the water body and describe any mitigation measures: The General NPDES permit that requires the development of this Discharge Management Plan has evaluated the compatability of aquatic herbicide applications with human health,fisheries,wildife,waterfowl,wetland,range plants,endangered species,water rights holders and the ecology of the water body. The permit provides specific direction for mitigation measures for each of these instances as part of the direction the applicator must follow. When this permit coverage is obtained and adheard to,these applications are very compatable with these conditions. 7. Describe how you will evaluate the overall effectiveness of this Action Plan: Density of the problem noxious and nuisance aquatic plants will be measured at specific intervals during the treatment season.If plant density decreases and stays low,the plan will be considered effective.If plant density does not decrease,or if plant density increases,the plan will be evaluated and modified as needed. 8. Describe your schedule for updating this DMP:8 This DMP will be updated as management goals and objectives change. Any time significant changes in the management strategy are made this DMP will be updated. Updates will have to occur if new management tools(herbicides)become available. • IX. PUBLIC INVOLVEMENT DMP's submitted by existing Permittees when the Permittee proposes to use a chemical that persists in the water for longer than days must satisfy the requirements of WAC 173-201A-410.9 The Permittee must follow the Administrative Procedures Act(chapter 34.05 RCW)for public involvement and complete a SEPA evaluation of the plan(chapter 43.21C RCW). 1. Describe how the sponsor was involved with the development of this DMP: The sponsor was a key part of the development of this Discharge Management Plan. Members of the board are consistantly involved in management decisions.Meetings were held to solicit information from the members and residents at the outset of the development of this DMP,and annual meetings are held in order to update the community. 2. Describe any education or outreach about aquatic plants and algae and their management occurring on this water body: AquaTechnex biologists meet with residents at Lake Lorene in an effort to educate the community about the implications of noxious weeds in our waterways. As many of the owners are active lake users, they make excellent stewards to others in the community at large. X. EQUIPMENT CALIBRATION AND MAINTANENCE 1. Explain the schedule and procedures for maintaining your chemical application equipment in proper operating condition: There are two types of aquatic applications that are made to waters $You must modify the DMP when there is a significant change in the active ingredient or quantity of chemicals discharged.Changes to the DMP must be made prior to the discharge or as soon as possible thereafter.The revised DMP must be signed and dated. 9 Short-term modifications of the Water Quality Standards. ECY 070-380b(2/2011) 12 using the herbicides outlined in the general NPDES permit. Liquid aquatic herbicide are applied from equipment designed to inject the herbicide into the water column or broadcast spray across the water surface or onto floating or emergent vegetation. Granular aquatic herbicides are applied using eductor systems,granular blowers or granular spreaders. The proper operation of this equipment is governed by the mechanical systems such as motors and pumps and by insuring a controlled consistant flow of the material that can be regulated and monitoried. Our equipment goes though a maintenance procedure prior to the start of each application season. This procedure tests the motors and pumps for constant performance,includes replacement of motors that are worn,replacement of pump seals if flow is below performance standards and the output is tested for consistancy. With liquid application systems,the spray tips and hoses are also check for leaks or obstructions that might affect constant and controlled deliver of herbicide. As the season is ongoing,regular inspection by the operators note any issues with partcular spray systems and these are taken off line for repair when necessary. 2. Explain the schedule and procedures for calibrating your chemical application equipment: All aquatic herbicide applications are different based on the herbicide being applied,the rate of application and the site where the herbicide is being applied. The first primary step is the devepment of a specific treatment plan for the site in question on the day in question. Once water depths,surface area and contact exposure time and water exchange consideration are made,an . amount of herbicide is selected and brought to the treatment site for applicaiton. The application equipment must then be calibrated for output based on those factors and rates. Generally for either liquid or granular application systems,the first step the applicator takes at the site is a flow test. The pump/eductor/blower/spreader equipment is run for one minute and the discharged herbicide is collected and measured. This output is then set.and the boat speed and application swath width are set to insure even and effective application. 1. Explain the schedule and procedures for preventing spills and leaks of chemicals or petroleum products(oil,gasoline,hydraulic fluid)associated with your chemical application: The primary - protection against herbicide or petroleum spills is training of the application team in both prevention and response. The applicator will have a spill kit on board at all times that will be used at once if there is a chemcial spill to isloate the spill and collect it for proper disposal. The spill kit will be appropriate for the type of herbicide(granular or liquid)and the volume that is present at the site. Herbicide transfer from delivered containers to the application equipment will be conducted in the treatment area so any product that finds its way overboard ends up in the • treatment area where it is intended to be delivered. Fuel for pumps and blowers or other application equipment will be contained on the treatment vessel in closed delivery systems that prevent spill. The amount of petroleum present on the application vessel shall be 5 gallons or less. Refueling this equipment in the boat will take place in calm waters where wave action will not impact stability during this operation. The point of delivery of the fuel shall be well within the hull of the vessel so any small overflow or spill will be contained in the hull and not discharged overboard. From a scheduling standpoint,where ever possible the application equipment will be fueled away from the water prior to launch. If fuel runs out because the application continues ' beyond the capacity of the tank,the procedures outlined above will be followed. In addition,the majority of the time where liquid applications are made electric pumps will be utilized to remove the possibility of petroleum spill as fuels are not necessary to power the equipment. ECY 070-380b(2/2011) 13 XI. NEW STAFF TRAINING Describe training procedures for new chemical application staff and on-going routine training:10 Aquatic herbicide applications are very different from terrestrial applications. All aquatic herbicide applicators are required to obtain in excess of 20 hours of continuing education during their relicensing period. The continuing education that our group seeks out focus specifically on aquatic herbicide use and technologies. New personnel are required to study for and obtain an*applicator's license with an aquatic endorecement. They are then teamed with experienced staff that mentor them in the correct procedures and practices that meet permit,label and environmental requirements. XII. RECORD KEEPING AND REPORTING Refer to permit section S8. XIII. SIGNATURE REQUIREMENTS 11 I certify under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted.Based on my inquiry of those persons directly responsible for gathering information,the information in the DMP is,to the best of my knowledge and belief,true,accurate,and complete and will be updated as necessary.I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment of knowing violations. Signa,ptre of errtzitt Date I certify under penalty of law,that I have reviewed this document and all attachments,and that the sponsor concurs with the information contained in the DMP.The information in the DMP is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment of knowing violations. a ure of Sponsor's . epresentative Date You dtust print and sign s form. 10 Alternatively,the applicant/Permittee may reference its training manual,if available.If a training manual is referenced,include the date it was last updated. "Persons with signature authority(as specified in the Aquatic Plant and Algae Management Permit General Condition 15)must sign and certify the DMP has been developed and implemented as written. 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' ,r e ' `r .�. t ''-"' •; .-.* � ,:sovv�t' , ,,,,,, .,,e-g m4 £ - ram.+�•5• .,,r qi, .,: 7 h i .tea,, t`' v'>rt- - 't,3 •-r 7 ,04.72�* �,: ,: �. i i4- _fix¢,. .r..= •' ,.a fL?,..,",.`, �k:� ,�:�,�"=";'."�t'�,`." .«�h=`.�. ��!�iC_r+.��w. �xn�:. i w�+•�� ,"- �.'Y xt�'��.`�.��s • • Issuance Date: February 16,2011 Effective Date: March 18,2011 • • Expiration Date: March 18,2016 Modification Date: April 4, 2012 Modification Effective Date: May 4,2012 AQUATIC PLANT AND ALGAE MANAGEMENT GENERAL PERMIT National Pollutant Discharge Elimination System and State Waste Discharge General Permit State of Washington Department of Ecology Olympia,Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United States Code, Section 1251 et seq. The Federal Water Pollution Control Act(The Clean Water Act) Until this permit expires,is modified or revoked,Permittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. ly S P.E.,P.G. Wat Quality Program Manager Washington State Department of Ecology TABLE OF CONTENTS SUMMARY OF PERMIT REPORT SUBMITTALS 5 SPECIAL PERMIT CONDITIONS 6 Sl. PERMIT COVERAGE 6 A. Activities Covered Under This Permit 6 B. Geographic Area Covered 9 C. Activities Excluded from Coverage Under This Permit 9 S2. APPLICATION FOR COVERAGE 9 A. Who May Obtain Permit Coverage 9 B. How to Apply for Coverage 10 C. How to Terminate Permit Coverage 12 S3. DISCHARGE LIMITS 12 A. Compliance with Standards 12 B. Temporary Exceedance of Water Quality Standards 12 C. Application Requirements 13 D. Discharge Management Plan 13 E. Impaired Water Bodies 14 F. Identified Wetlands 15 G. Additional Requirements for Discharges to Water Bodies Where Sensitive,Threatened,or Endangered Plants Are Present 15 S4. THE APPLICATION OF PRODUCTS 15 A. Prohibited Discharges 15 B. Authorized Discharges 15 C. Experimental Use 18 D. General Application Restrictions 19 S5. NOTIFICATION,INSPECTION,AND POSTING REQUIREMENTS 27 A. Ecology Notification Requirements 27 B. Ecology Inspection Coordination Requirements 27 C. Residential and Business Notification 28 D. Children's Camp Notification Requirements 29 E. Shoreline Posting Requirements 29 S6. MONITORING REQUIREMENTS 31 A. Application of Herbicides and Algaecides 31 B. Application of Phosphorus Inactivation Products 32 S7. ANALYTICAL PROCEDURES 33 S8. REPORTING AND RECORDKEEPING REQUIREMENTS 33 A. Annual Treatment/Monitoring Reports 33 B. Records Retention 34 C. Recording of Results 34 D. Noncompliance Notification 34 S9. SPILL PREVENTION AND CONTROL 34 • Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 2 A. Spill Prevention 34 B. Spill Notification Requirements 35 C. Spill Cleanup Requirements 35 S10. MITIGATION FOR PROTECTION OF SENSITIVE,THREATENED,OR ENDANGERED PLANTS: AQUATIC PLANT CONTROL PROJECTS 35 A. Survey Requirements 35 B. Mitigation 35 S11. APPENDICES 37 GENERAL CONDITIONS 38 Gi. DISCHARGE VIOLATIONS 38 G2. PROPER OPERATION AND MAINTENANCE 38 • G3. RIGHT OF ENTRY 38 G4. PERMIT COVERAGE REVOCATION 38 G5. GENERAL PERMIT MODIFICATION OR REVOCATION 39 G6. REPORTING A CAUSE FOR MODIFICATION 39 G7. TOXIC POLLUTANTS 40 G8. OTHER REQUIREMENTS OF 40 CFR 40 G9. COMPLIANCE WITH OTHER LAWS AND STATUTES 40 G10. ADDITIONAL MONITORING 40 GI1. PAYMENT OF FEES 40 G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT 40 G13. TRANSFER OF PERMIT COVERAGE 41 G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS 41 G15. SIGNATORY REQUIREMENTS 41 G16. APPEALS 42 G17. SEVERABILITY 43 G18. DUTY TO REAPPLY 43 APPENDIX A- DEFINITIONS 44 APPENDIX B - PUBLIC NOTICE 53 Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 3 APPENDIX C— ECOLOGY NOTIFICATION TEMPLATE 54 APPENDIX D— BUSINESS AND RESIDENTIAL NOTICE TEMPLATE 56 APPENDIX E— POSTING TEMPLATES 57 LIST OF TABLES Table 1. Required permit submittals 5 Table 2: Listed Adjuvants 17 Table 3: Specific Restrictions on the Application of Herbicides and Algaecides for Control and Eradication Projects 21 Table 4: Specific Restrictions on Application of Products for Inactivation of Phosphorus 25 Table 5: Restrictions on Applications of Shading Products and Biological Water Clarifiers 26 Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 4 J � SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General Conditions of this permit for submittal requirements. Table 1. Required permit submittals -•? tA,',/,5;41it:;;;"#f,•Wao S2. Application for New Coverage As necessary At least days prior to the start of discharge Discharge Management Plan(fore New plicants: `1 S3 th projects where the total proposedtreated Once per :NO jj D Co area in the water body five�r more a et e g 8Penmttees. %By 18 2o12 SIG& Plant Survey and Mitigation Measures As necessary As necessary S 10. Each week or % j %! y 8:00 a m.Nionda ✓! as necessary fothe first week of aS.A, Ecology Pre-and Post-Treatment Notice dur to treat treatmen trea tment �'' t #fent season No later than one S5.C. Business and Residential Notice As necessary business day following notification 13issolved y_en Data From 303(d)— ;%,, W' ''30 days for the So; Listed Water ® ies for issolveti % i ,i i i As necessary; post-treatment Oxygen When Using Contact // tom` Herbicides '% ���, ��!� �%� maiuto da S8.A Annual Monitoring Report Annually December 31 SS D. Nona)/ mpl ante Notification As necessary As necessary j/ G5. Permit Modification and Revocation As necessary Within 14 days of request • ///,• ,s G6. Requestf j Modification j )' As necessary neces G13. Request for Transfer of Coverage As necessary As necessary At least 180 days prior % G.18_ Re-Application for Permit Coverage °nce per% to the permit expiration permit cycle date Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 5 The text of this permit contains words or phrases in bold and italics.These words or phrases are the first usage in the permit and are defined in Appendix A. SPECIAL PERMIT CONDITIONS Si. PERMIT COVERAGE The Aquatic Plant and Algae Management General Permit regulates the use of pesticides and other products applied to manage aquatic nuisance plants,noxious weeds,quarantine- listed weeds,algae,and nutrients in fresh surface waters of the state of Washington. A. Activities Covered Under This Permit This general permit covers aquatic plant and algae management activities that result in a discharge of herbicides,algaecides,adjuvants,marker dyes,shading products, biological water clarifiers, and nutrient inactivation products(referred to hereafter as chemicals) into fresh water bodies of the state of Washington. The permit also covers lake shoreline and roadside/ditch bank emergent vegetation management activities where chemicals may enter the water. Aquatic plant and algae management activities are organized into three categories: Eradication, Control,and Nutrient Management.The permit has different requirements for each category. 1. Eradication Eradication projects target only state-listed noxious weeds or quarantine-list weeds. The goal is the complete and permanent removal of these species from the entire water body. As such, littoral zone limitations do not apply to eradication of noxious weeds or weeds on the quarantine list. Impacts to non-target plants are acceptable to the extent needed to eradicate the target plants. Eradication is allowed only for: a. All noxious weeds as identified in chapter 16-750 of the Washington Administrative Code(WAC). b. Plants listed on the quarantine list as identified in chapter 16-752 WAC. c. Non-native and potentially invasive plants not listed on the above lists,as determined by the Washington State Noxious Weed Control Board,the Washington State Department of Agriculture(WSDA), or the Washington State Department of Ecology(Ecology). 2. Control Ecology limits direct herbicide application to a percentage of the littoral zone for most control treatments to preserve native plant habitat. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 6 a. Aquatic plant control The goal is to maintain native aquatic vegetation for habitat while allowing partial plant removal for recreation and other beneficial uses. Permit requirements differ depending on plant growth forms and the legal status of the plant species. Minimal impact to non-target plants is acceptable to the extent needed to control the target plants. i. Aquatic noxious weed control Littoral zone limitations do not apply to control of noxious weeds or weeds on the quarantine list,but some treatment limitations may apply- see(2)below. The Permittee may intentionally apply herbicides to: (1) 100 percent of noxious weeds if they are Class A weeds,Class B weeds in areas where they are designated for control,as identified in chapter 16-750 WAC, and Class C weeds where they are selected for control by a county Noxious Weed Control Board(RCW 17.10.080). (2) 100 percent of any submersed noxious or quarantine-list weeds not covered under(1) if the Permittee conducts weed control using a selective herbicide. (3) 100 percent of any emergent or floating-leaved noxious weeds and quarantine listed weeds. ii. Aquatic nuisance plant control The Permittee may intentionally apply chemicals to: (1) No more than 25 feet on either side of a dock or no more than an area 50 feet wide per lot for individual treatments targeting submersed and floating-leaved plants. Treatment of the vegetated area may extend up to 25 feet beyond the end of the dock. On individual lots with no docks,treatment of the vegetated area can extend up to 50 feet from the shore. (2) No more than 40 percent of emergent shoreline plants such as cattails and bulrush on individual lots for individual treatments. (3) A percentage of a water body's littoral zone based on the littoral acres of the water body and the size of the water body. a. The geographic area where the Permittee intentionally applies chemicals must remain the same for the entire length of the permit coverage up to the maximum percentage of the littoral zone allowed for by water body size. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 7 b. All untreated littoral areas must include native vegetation from the shore to the edge of the littoral zone where the plants stop growing in deeper water. c. The cumulative percentage of the littoral zone where herbicides' may be intentionally applied must not exceed the amount allowed below: a) In water bodies up to 15 acres in size,the Permittee may intentionally apply herbicides to no more than 75 percent of the littoral zone. b) In water bodies over 15 acres and up to 50 acres in size,the Permittee may intentionally apply herbicides to no more than 60 percent of the littoral zone. c) In water bodies over 50 acres and up to 500 acres in size, the Permittee may intentionally apply herbicides to no more than 50 percent of the littoral zone. d) In water bodies over 500 acres in size, the Permittee may intentionally apply herbicides to no more than 30 percent of the littoral zone. iii. Roadside and ditch bank plant control (1) For activities conducted by state and local agencies,the Permittee may intentionally apply herbicides to 100 percent of the plants within the right of way. (2) The Permittee may intentionally apply herbicides to no more than 40 percent of native vegetation of roadsides and ditches on privately owned individual lots, but may intentionally apply herbicide to 100 percent of any noxious or quarantine-listed weeds. b. Algae control i. The Permittee may intentionally apply algaecides to the entire water body or sections of the water body, as needed,when cyanobacteria or other potentially toxic or environmentally harmful algae species are expected to form blooms in the water body. ii. The Permittee may intentionally apply algaecides to filamentous algae so long as the treated areas do not exceed the maximum amount of littoral zone allowed for treatment in S 1.A.2.a.ii. I Different littoral zone limitations apply to the herbicide fluridone.See Treatment Limitations in Table 3. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 8 f � c. Nutrient Inactivation The Permittee may intentionally apply approved buffering agents and alum and calcium hydroxide/oxide and calcium carbonate as phosphorus inactivation products to the entire water body or sections of the water body per permit sections S4.D.Table 4 and S6.B and C. Limited use of other nutrient inactivation products is allowed under permit section S4.C. B. Geographic Area Covered This general permit covers the activities listed in S1.A throughout surface freshwaters of the state of Washington,except for federal and tribal lands. C. Activities Excluded from Coverage Under This Permit Ecology will not require coverage under this permit for the use of chemicals on the following sites: 1. Constructed detention or retention ponds designed specifically for wastewater or stormwater treatment that do not discharge to other water bodies during and for two weeks after treatment,or where Ecology regulates the discharge under another permit that allows chemical treatment. 2. Any constructed water body five acres or less in surface area with no discharge to other surface waters of the state during and for two weeks after treatment. 3. Any constructed water body ten acres or less in surface area under single ownership with no public access and no discharge to other surface waters of the state during and for two weeks after treatment. 4. Upland farm ponds with no discharge to other surface waters of the state during and for two weeks after treatment. 5. Treatment conducted on seasonally dry land surfaces(including seasonally dry wetlands) so long as the treatment occurs when the area is dry and the active ingredient is not biologically available when the water returns. 6. Research activities when applying chemicals or products to water bodies under a State Experimental Use Permit(See S4.C). S2. APPLICATION FOR COVERAGE A. Who May Obtain Permit Coverage 1. Pesticide applicators(WAC 16-228-1545)may apply for coverage. Applicators must be licensed in Washington State with an aquatic endorsement(WAC16-228- 1545 3(t)). Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 9 a. Applicators must obtain separate permit coverage for each water body that they plan to treat. Each coverage requires a sponsor. Applicators may obtain a single permit coverage for multiple water bodies where a single,non- governmental sponsor has authority to treat more than one water body. The water bodies need not be hydraulically connected,but must be part of the same distinct community(e.g.,ABC Homeowners Association). b. In water bodies with multiple sponsors or multiple permit coverages, applicators must obtain separate permit coverages for each location within the water body(e.g., Lake Washington). 2. Dischargers are not required to be licensed to apply nutrient inactivation chemicals. For these projects,the discharger may apply for permit coverage. Applicants must have a sponsor for each nutrient inactivation coverage. 3. Any state or local government entity may apply for coverage. a. Government entities may obtain a single coverage that includes multiple water bodies under its jurisdiction. Government entities are considered sponsors. b. Government entities must keep Ecology updated with a current list of its licensed pesticide applicator(s), including license numbers and license expiration dates. B. How to Apply for Coverage Applicants that propose to begin aquatic plant or algae management activities that will result in a discharge to waters of the state on or after the effective date of this permit must: 1. Submit a complete permit application(Notice of Intent or NOI)to Ecology at least 60 days before starting the activity. 2. Complete the NOI for the proposed activity online. The applicant must access Ecology's online data management system SecureAccess Washington (http://secureaccess.wa.gov), fill out the NOI online,print it,and sign it. Applicators must ensure that their sponsor(s)also sign the document. a. The sponsor's signatory must certify to Ecology in the NOI that he or she has the authority to administer the treatment. Sponsors must also certify that they either represent an entity that has the authority to administer common areas of the water body or locations within the water body for the purposes of aquatic plant and algae management or that the sponsor intends to form an entity with that authority.New sponsors that do not represent such an entity may apply for and get coverage,but they must form an entity with authority to manage aquatic plants and algae in common areas of the water body within three years Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 10 � r from the date of the coverage letter. After that time, Ecology may terminate permit coverage. b. Sponsors continuing coverage from the previous permit that do not currently represent an entity that has the authority to administer common areas of the water body or locations within the water body for the purposes of aquatic plant and algae management have three years from the date of permit reissuance to form an entity for these purposes.After that time, Ecology may terminate permit coverage. c. The requirements in 2.a. and 2.b. above regarding sponsor entities do not apply to individual lot treatments or government entities. In such cases,the government entity or the sponsor of the individual lot treatment must certify to Ecology in the NOI that he or she has the authority to administer the treatment. 3. Applicants for projects where the total proposed treated area in the water body is less than five acres or when the project is for only ditch bank or roadside vegetation control must complete and submit a State Environmental Policy Act (SEPA) checklist for the proposed activity. The applicant can access the SEPA checklist at http://www.ecy.wa.gov/programs/sea/sepa/forms.htm. 4. Applicants for projects where the total proposed treated area in the water body is five or more acres must complete, sign, and submit a Discharge Management Plan (DMP) and SEPA Addendum for the proposed activity(see S3.D). The applicant can access the DMP/SEPA Addendum template at http://www.ecy.wa.gov/programs/wq/pesticides/final pesticide permits/aquatic pl ants/aquatic plant permit index.html 5. Government applicants submitting a NOI for multiple water bodies under their jurisdiction must complete, sign, and submit a separate DMP/SEPA addendum for each water body where the proposed treatment area is five or more acres or a SEPA checklist for each water body where the proposed treatment area is less than five acres. 6. If the treatment affects potable water use on water bodies with municipal or community drinking water intakes,the applicant must obtain and submit written consent to the treatment from the municipality or community. 7. Mail the complete NOI to: Department of Ecology Water Quality Program Attn: Aquatic Pesticide Permit Manager P.O. Box 47600 Olympia, WA 98504-7600 Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 11 8. After the applicant has submitted the completed NOI to Ecology, fill out the Public Notice Template provided in Appendix B. Publish the public notice twice, one week apart, in a local newspaper of general circulation(or a regional newspaper if a local newspaper is not available)that an application for permit coverage has been made.At the time the second notice is published,a 30-day comment period begins. 9. Mail or deliver the public notice to all potentially affected waterfront residents (those within one-quarter mile in each direction along the shoreline or across the water from proposed treatment areas)within one week of publishing the first newspaper notice. At the end of the required 30-day public comment period,Ecology will consider comments about the applicability of this permit to the proposed aquatic plant or algae management activity before issuing a decision on permit coverage. If the applicant does not receive notification of a coverage decision from Ecology,coverage under this permit will begin automatically on the 61st day following Ecology's acceptance of a completed NOI. C. How to Terminate Permit Coverage A Permittee may request termination of permit coverage by submitting a Notice of Termination form(NOT)to Ecology. The Permittee will continue to incur an annual permit fee unless it submits a NOT. S3. DISCHARGE LIMITS A. Compliance with Standards 1. The application of pesticides must not cause or contribute to a violation of the Water Quality Standards for Surface Waters of the State of Washington(chapter 173-201A WAC), Ground Water Quality Standards(chapter 173-200 WAC), Sediment Management Standards(chapter 173-204 WAC), and human health- based criteria in the National Toxics Rule(40 CRF 131.36). Ecology prohibits discharges that do not comply with these standards. 2. Permittees must use all known, available, and reasonable methods of pollution control,prevention, and treatment(AKAR7)when applying pesticides. Compliance with this permit,the Washington Pesticide Control Act and the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA) label constitute AKART. B. Temporary Exceedance of Water Quality Standards Short and long-term exceedance of water quality standards are allowed under this permit provided the Permittee complies with the provisions of WAC 173-201A-410. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 12 C. Application Requirements The Permittee must comply with the FIFRA label when using pesticides. Permit requirements do not reduce the requirements on the FIFRA label.The Permittee must ensure that: 1. A licensed pesticide applicator,with the appropriate Washington State Department of Agriculture (WSDA) license and certification, has direct supervision responsibilities for the use of pesticides during application. 2. All applicators(either under the direct supervision of the licensed applicator for pesticides or under the supervision of the discharger for non-pesticides)have current training in the use of the equipment necessary to apply chemicals correctly and that they use approved application techniques. 3. Appropriately trained personnel calibrate the application equipment for the chemical used. D. Discharge Management Plan 1. New applicants and Permittees continuing coverage do not need to develop a DMP when: a. The total treatment area for each coverage is less than five acres. b. Treating only for ditchbank or roadside vegetation. c. Treating under experimental use permits where the sole purpose is for research and development. 2. New applicants and Permittees continuing coverages where the total treatment area for each coverage is equal to or greater than five acres must develop a DMP for each coverage using the appropriate template http://www.ecv.wa.gov/programs/wq/pesticides/final_pesticide permits/aquatic pl ants/aquatic plant permit index.html a. New applicants must submit their DMP with their NOI. The DMP template for new applicants is also a SEPA addendum. b. Permittees that continued coverage from the previous permit must submit their DMPs to Ecology by March 18, 2012. 3. Applicators must develop their DMPs jointly with each sponsor. 4. Government Permittees with single permit coverages for multiple water bodies must develop a separate DMP for each water body where the treatment area is Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 13 equal to or greater than five acres. Permittees must make these DMPs available to the water body residents on request. 5. If a water body plan exists that is equivalent to the DMP,the applicant/Permittee may submit this plan in lieu of developing a DMP. However,the applicant/Permittee must certify to Ecology that the equivalent plan contains all the elements included in the DMP template. If the equivalent plan lacks some elements of the DMP template,the applicant/Permittee may attach an addendum with the additional information to the equivalent plan. 6. After the effective date of this permit,the Permittee must keep the DMP updated. The Permittee should update the plan when significant project changes occur. The Permittee must keep an updated copy of the DMP at its business office and make it available upon request to Ecology. E. Impaired Water Bodies 1. The Permittee must not cause further permanent impairment of any 303(d)-listed water body for any listed parameter. 2. The Permittee must prevent further permanent impairment of water bodies listed on the 303(d) list for dissolved oxygen as a result of treatment. It may do so by choosing appropriate chemicals such as a systemic herbicide instead of a contact herbicide and must implement one or more of the following mitigation measures: a. Do not treat in the summer or when water temperatures are warm enough to contribute to low dissolved oxygen concentrations after treatment. b. Limit the area treated each time that treatment occurs. c. Remove decaying plants following treatment. d. Aerate the water following treatments. 3. The Permittee must prevent further permanent impairment of water bodies listed on the 303(d) list for phosphorus as a result of treatment. It may do so by choosing appropriate chemicals to minimize release of phosphorus from non-target plants or algae and must implement at least one or more of the following mitigation measures. a. When treating for afloating plant such as duckweed or for algae blooms ensure that a healthy population of native emergent, submersed,or floating- leaved plants remain in the water body after treatment. b. Time treatment so that plant nutrients are not released during summer months. c. Limit the area treated at any one time. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 14 1 d. Remove decaying plants following treatment F. Identified Wetlands The Permittee may treat only high use areas to provide for safe recreation(e.g., defined swimming corridors)and boating(e.g.,defined navigation channels) in identified and/or emergent wetlands. The Permittee must limit the treated area to protect native wetland vegetation. For eradication projects,the Permittee must make every effort to protect native wetand vegetation while removing noxious weeds. G. Additional Requirements for Discharges to Water Bodies Where Sensitive, Threatened,or Endangered Plants Are Present Before issuing permit coverage, Ecology will determine whether sensitive,threatened, or endangered(rare)plants are present in the proposed treatment area. If present: 1. For eradication projects, Ecology will consult with the Washington Natural Heritage Program and may condition the permit coverage based on the consultation. 2. For aquatic plant control projects,the Permittee must submit a detailed plant survey and if a rare plant is present in the treatment area, implement one or more mitigation measures(see S 10.). S4. THE APPLICATION OF PRODUCTS A. Prohibited Discharges Ecology prohibits treatment that causes oxygen depletion to the point of stress or lethality to aquatic biota from plant or algae die-off,the mortality of aquatic vertebrates,or unintended impacts to water quality or biota. B. Authorized Discharges 1. Beginning on the effective date of this permit and until Ecology modifies, reissues, or revokes this permit; this permit authorizes the Permittee to discharge the chemicals listed in the permit into freshwaters of the state. 2. This permit does not convey any property rights of any sort,or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights. 3. The Permittee must comply with the specific restrictions/limitations on the use of each chemical listed in Tables 3-5. 4. The Permittee may apply the following listed active ingredients that are labeled for use on aquatic sites: Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 15 a. 2,4-D: 2,4-Dichlorophenoxyacetic acid, butoxyethyl ester b. 2,4-D: 2,4-Dichlorophenoxyacetic acid, dimethylamine salt c. Bispyribac-sodium: Sodium, 2,6-bis [(4,6-dimethoxy-pyrimidin-2-yl)oxy] benzoate d. Carfentrazone-ethyl: Ethyl a,2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3- methyl-5-oxo-1 H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoate e. Diquat: Dibromide salt of 6,7-dihydrodipyrido(1,2-a:2',1"-c)pyrazinediium f. Endothall: Dipotassium salt of 7-oxabicyclo[2.2.1]heptane-2,3dicarboxylic acid g. Endothall: mono(N,N-dimethylalkyalmine)salt of 7- oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid h. Flumioxazin: 2-[7-fluro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4- benzoxazin-6-yl]-4,5,6,7-tetrahydro-1 H-iso indole-1,3(2H)-dione i. Fluridone: 1-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-4(1 H)-pyridinone j. Glyphosate:N�'phosphonomethyl)glycine, isopropylamine salt k. Imazamox: 22--[4,5-dihydro-4-methyl-(1-methylethyl)-5-oxo-1 H-imidazol- 2y1]-5-(methoxymethyl)-3-pyridinecarboxylic acid 1. Imazapyr: 2-(4,5-dihydro-4-methyl-4-(1-methyleth7yl)-5-oxo-1 H-imidazol-2- yl)-3-pyridinecarboxylic acid m. Penoxsulam: 2-(2,2-difluoroethoxy)--6-(trifluoromethyl-N-(5,8- dimethoxy[1,2,4] triazolo[1,5-c]pyrimidin-2-yl)) benzenesulfonamide n. Sodium carbonate peroxyhydrate: 2Na2CO3 3H202 o. Triclopyr TEA: Triethylamine salt of 3,5,6-trichloro-2-pyridyloxyacetic acid 5. The Permittee may apply the adjuvants listed in Table 2. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 16 Table 2: Listed Adjuvants ✓ 8, S 4B 4 4A&PZiatiarZ 7 3 # P Agri-DexTM Crop Oil Concentrate AquaSurfrM Surfactant BondTM Spreader, Sticker, and Deposition Aid Bronc MaxTM Water Conditioning Agent Water Conditioning Agent, Bronc Plus Dry-EDTTM Surfactant, Deposition Aid,and Anti-foam Agent Class Act NGTM Water Conditioning Agent and Surfactant CompetitorTM Modified Vegetable Oil and Surfactant Cut-RateTM Water Conditioning Agent Cygnet PlusTM Surfactant and Modified Vegetable Oil DestinyHCTM Modified Vegetable Oil and Surfactant Dyne-AmicTM Modified Vegetable Oil and Surfactant ExciterTM Water Conditioning Agent and Surfactant FractionTM Water Conditioning Agent InterlockTM Deposition Aid and Drift Control Agent KineticTM Surfactant Level 7TM Surfactant, Water Conditioning Agent,and Acidifier LI-700TM Surfactant,Acidifier, Deposition Aid, and Drift Control Agent LiberateTM Surfactant,Deposition Aid,and Drift Control Agent MagnifyTM Water Conditioning Agent and Surfactant Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 17 Water Conditioning Agent, One-Ap XLTM Surfactant,Deposition Aid,and Antifoaming Agent Pro AMS P1usTM Water Conditioning Agent and Surfactant • SinkerTM Carrier,Drift Control Agent,and Deposition Aid Spray-RiteTM Water Conditioning Agent Superb HCTM High Surfactant Oil Concentrate Tactic"( Spreader/sticker and Deposition Aid TronicTM Surfactant 6. The Permittee may apply nutrient inactivation products, including aluminum sulfate, sodium aluminate,calcium hydroxide/oxide,and calcium carbonate and the approved buffering agents. See Table 4 for specific restrictions on nutrient inactivation products. 7. The Permittee may apply marker dyes, shading products, and water clarification products (including bacterial products). See Table 5 for specific restrictions on these products. C. Experimental Use 1. The Permittee may apply chemicals not listed in this permit on a limited basis in the context of a research and development effort under the jurisdiction of the Environmental Protection Agency(EPA)through the issuance of a federal experimental use permit(40 CFR 172)and the WSDA through the issuance of a state experimental use permit(EUP). Discharges for the sole purpose of research and development are not required to be covered under a DMP (S3.D.1.c.). a. Project proponents must obtain coverage under this general permit for any in- water projects conducted under a federal EUP(projects over one acre or more in size), unless the project is conducted at a site excluded from coverage under this permit. b. Ecology does not require coverage under this general permit for research and development projects of one acre or less in size where the project proponent operates under a state EUP(issued by WSDA). Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 18 2. The Permittee may apply nutrient inactivation products not listed in this permit on a limited basis in the context of a research and development effort so long as the Permittee develops a plan that is approved by Ecology for this activity. The plan must undergo a public review process. D. General Application Restrictions 1. The Permittee must avoid treatments that restrict public water use during the opening week of fishing season or during tribal fisheries, Memorial Day weekend, Independence Day weekend, and Labor Day weekend and must minimize treatments that restrict public water use during weekends. 2. When there are potable water restrictions on the label and the treatment is within the setback distance listed on the product label,the Permittee must not apply any chemical until it has notified people who withdraw potable water from the water body. If requested by the affected water user(s),the Permittee must provide an alternative potable water supply until the intake water tests at or below the concentration specified for that chemical in Table 3, or until the time period specified in Table 3 for that chemical has elapsed. If there is no potable water restriction listed in Table 3,the Permittee must follow all label conditions for potable water supply. If requested by an affected water user,the Permittee must provide at least two weeks advance notice of pending treatments. 3. People withdrawing water under a legal water right or claim for irrigation or livestock watering purposes may request an alternate water supply during the treatment if the label has restrictions for those uses and the treatment is inside the setback distance listed on the product label. The Permittee must provide an alternative water supply until the intake water tests at or below the irrigation restriction concentration or livestock drinking water concentration on the label or until the time interval specified on the label has elapsed. If requested by an affected water user,the Permittee must provide at least two weeks advance notice of pending treatments. 4. The Permittee must avoid treatments that adversely affect salmon or steelhead in hatcheries when applying treatments to areas upstream of a hatchery water intake. Ecology will coordinate with the Permittee,the Washington State Department of Fish and Wildlife(WDFW),and affected tribes to ensure treatments proposed upstream of a hatchery intake do not adversely affect hatchery fish or hatchery operations. 5. The Permittee must ensure that there is adequate contact time between the targeted vegetation and the selected herbicide when treating in reservoirs or in flowing water to avoid non-target downstream impacts. 6. The Permittee must comply with WDFW timing windows referenced in Tables 3 and 4 to protect salmon, steelhead,and bull trout populations and WDFW priority Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 19 habitats and species. WDFW may periodically update this table as new information becomes available or on request from Ecology. The timing table is available at: http://www.ecy.wa.gov/programs/wq/pesticides/final pesticide permits/aquatic pl ants/aquatic plant permit index.html. a. Timing windows do not apply to nonnative fish such as bass. At their discretion, Permittees may choose to comply with the bass timing windows noted in the WDFW timing table. b. Permittees may consult with Ecology and WDFW to develop alternate timing windows if necessary so long as the new treatment windows do not adversely impact priority species and habitats. 7. The Permittee must follow the specific restrictions and advisories identified in Tables 3 and 4.Swimming restrictions/advisories apply to primary contact activities such as swimming, wading, and water skiing. Drinking water restrictions apply to residents drinking lake water as their sole source of potable water or where they hold a water right for potable water. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 20 GD y • fA N • N 0. A • A 01 Q 3 pI S. p . w A 0 %/.,, O_ A A� /� rt 9 3' 1^. 4_ ti! 0 cZ. 0 7�c p ZcD A 7' AC (.4 %% 3 a m c `� 3... �`° 70' ~a .., • t�/ N �. 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Pre-and post-treatment notification The Permittee must email pre-and post-treatment information to Ecology each week that treatment occurs using the form in Appendix C. Ecology headquarters and appropriate regional staff must receive the form no later than 8:00 am on each Monday(see the contact list below). For unforeseen events,the Permittee may occasionally provide Ecology with less notice so long as pre-treatment notification occurs at least two days prior to the treatment. Contact Information Telephone Email Central Regional Office, Yakima (509)457-7107 Charlie.McKinney@ecy.wa.gov Eastern Regional Office, Spokane (509)329-3610 Jeremy.Ryf@ecy.wa.gov Northwest Regional Office, Bellevue (425)649-7000 Tricia.Shoblom@ecy.wa.gov Southwest Regional Office, Lacey (360)690-4796 Rod.Thysell@ecy.wa.gov Ecology Headquarters, Lacey (360)407-6283 lonathan.lennings@ecv.wa.gov 2. Adverse incidents or spills The Permittee must immediately call the appropriate Ecology regional contact and Ecology headquarters or 1-800-6457-911 when they are made aware of any of the following conditions occurring during or after a treatment: a. Any person(s)exhibiting or indicating any toxic and/or allergic response as a result of the treatment. b. Any fish or fauna exhibiting stress or dying inside or outside of the treatment area. c. Any spill of chemicals covered under this permit that occurs into the water or onto land with a potential for entry into waters of the state. B. Ecology Inspection Coordination Requirements 1. At Ecology's request, each Permittee must coordinate and schedule inspections with Ecology staff. The location and starting time for the scheduled inspection must be on record in writing at Ecology. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 27 2. For scheduled inspections,the Permittee must not apply chemicals until Ecology staff is present, unless they do not arrive within 30 minutes of the scheduled start time. C. Residential and Business Notification 1. Using the template in Appendix E,the Permittee must provide Residential and Business Notice (notice)to all waterfront residences and businesses within one- quarter mile in each direction along the water body shoreline or across the water from proposed treatment areas. 2. The Permittee may provide the notice by mail, newsletter,or handbills delivered directly to the residences or businesses. If using handbills, the Permittee must secure the notice to the door in a fashion that will hold it in place but will not damage property. If the residence or business is gated or guarded by dogs, the Permittee may secure the notice in clear view on the outside of the gateway or may attach the notice to the outside of the residence or business in a fashion that will hold it in place but will not damage property. 3. Businesses and residents must receive the notice at least 10 days in advance and at most 42 days before the first treatment of each year. If the notice explains the application schedule for the entire treatment season and there is no deviation from that schedule (with an exception for cyanobacteria treatment),Ecology requires no further notice for the rest of the treatment season. On water bodies with a history of cyanobacterial blooms,the Permittee may explain in the notice that algae treatment may occasionally occur outside of the scheduled time periods without prior notice depending on bloom conditions. The Permittee must provide additional notification to any resident or business that specifically requests further notification of treatment dates. 4. The Permittee must provide a copy of the notice including the date of distribution to the appropriate Ecology regional office contact and to the Department of Natural Resources(DNR)contact(todd.palzer@dnr.wa.gov)no later than one business day following public distribution. The Permittee need not notify DNR for treatments occurring on privately-owned lakes with no public access. 5. Ecology does not require notice for applications made to limited access highways, fenced wetland mitigation sites, or other facilities where no reasonable public access exists. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 28 D. Children's Camp Notification Requirements 1. Permittees must coordinate with camp managers to ensure that the manager notifies the parents or guardians of campers if a pesticide application is expected to occur in or within 400 feet of a camp swimming area or a camp recreational area during or up to one week before their child attends camp. 2. Camp notification must include the name of the product being applied,the time period during which treatment will occur,any swimming or recreational advisories or restrictions, and camp and Permittee contact information. E. Shoreline Posting Requirements Ecology does not require shoreline posting in areas where public access is limited to boat only access and there are no private residents or for continuous alum treatments. 1. General Requirements for Posting Shorelines The Permittee must: a. Use templates provided in Appendix E. b. Post signs no more than 48 hours prior to treatment. c. Post signs so that they are secure from the normal effects of weather and water currents,but cause minimal damage to property. d. Make best efforts to ensure that the signs remain in place and are legible until the end of the period of water use restrictions. e. Remove all old signs before a new treatment begins or before the end of the treatment season, whichever comes first. If applying more than one chemical in an area,the Permittee may list all chemicals on the sign, but must use the template and restrictions for the chemical with the most stringent water use restrictions. If the majority of the affected community speaks a language other than English, the Permittee may use online translation websites to make signs for these communities. For continuous injection treatments for nutrient inactivation projects,the Permittee does not need to post the lake. 2. Posting Privately or Publicly-Owned Shoreline Areas(excluding public access areas)with 8 %2 by 11 Inch Signs Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 29 a. The Permittee must post signs at each waterfront private residence or business property that is within 400 feet of a treated area. b. The Permittee must post the signs to face both the water and the shore and site them where they are most visible to residents(within approximately ten feet of the shoreline). The Permittee must post one sign for approximately every 100 feet of shoreline. c. If the shoreline is only accessible by entering through a gate,the Permittee may post a sign at each gate that allows access to,or is within 400 feet of a treated area. The Permittee does not need to post additional signs. 3. Posting Shoreline Public Access Areas with Two Foot by Three Foot Signs a. The Permittee must post signs at all public access areas on the water body that are within 400 feet of a treated area and at all public boat launches on the water body within one quarter mile of a treated area. b. The Permittee must site the signs so that they are clearly visible to people using the public access area, spacing the signs approximately every 100 feet of shoreline and within approximately 25 feet of the shoreline. Signs must face both the water and the shore.At public boat launches, signs need only face the shore. c. If a public shoreline is only accessible by entering through a gate,the Permittee may post a sign at each gate that allows access to,or is within 400 feet of a treated area. The Permittee does not need to post additional signs. d. Signs must be a minimum size of two feet by three feet and constructed of durable weather-resistant material. The Permittee must attach an 8 %2 by 11 inch weather resistant map detailing the treatment areas for each chemical used. The map must identify the location(s)of the treatment site(s)and mark the reader's location. If the Permittee applies more than one chemical, it must mark each treated area and appropriate chemical on the map. Signs must: i. Include the word"CAUTION" in bold black type at least two inches high. ii. Use a font at least 1/2 inches high for all other words. 4. Posting Public Pathways Along a Treated Water body a. The Permittee must post two foot by three foot signs at public entrances to public pathways that allow reasonable direct access to the water body and that Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 30 are within 400 feet of a treated area. b. The Permittee must post 8 %2 by 11 inch signs at approximately 100 foot intervals along the pathway along any treated areas and within 400 feet of any treated areas. 5. Posting for Roadside/Ditch Bank Aquatic Applications a. The Permittee does not need to post signs for roadside applications or applications to areas with no reasonable public access. b. For those sites with public access areas,the Permittee must: i. Post signs no more than 48 hours before an application. ii. Place signs at any boat launch within 1/4 mile of any treated area. Signs must be within 25 feet of the shoreline, facing both the water and shore. The Permittee is responsible for the removal of all signs at the end of each treatment season,but may use biodegradable sign material so that removal is not necessary. S6. MONITORING REQUIREMENTS A. Application of Herbicides and Algaecides 1. Eradication Projects Under the Aquatic Weeds Management Fund, Ecology requires monitoring for herbicide residues for herbicide treatments funded by Ecology grants. Grant- funded monitoring is in lieu of additional monitoring under this permit. 2. Control Projects The Permittee must monitor dissolved oxygen levels pre-and post-treatment when contact herbicides are used in water bodies on the 303(d)-list for dissolved oxygen. a. Immediately before treating,the Permittee must monitor surface and bottom dissolved oxygen concentrations at a sampling location in the center and at the edge of the proposed treatment area(s). The Permittee must select at least one representative treatment area to monitor each time the water body is treated. b. The Permittee must monitor post-treatment surface and bottom dissolved oxygen concentrations no earlier than seven days and no later than 14 days after the treatment, at the same time of day that the pre-treatment monitoring Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 31 occurred and at the same sites and depths. c. The Permittee must submit these data to the Ecology permit manager no later than 30 days after the post-treatment monitoring date. B. Application of Phosphorus Inactivation Products 1. Aluminum sulfate or sodium aluminate(alum). a. The minimum monitoring requirement for whole or partial lake treatments is one surface water pH measurement in the morning prior to any alum addition and one surface water pH measurement one hour after alum addition has stopped for that day. The Permittee must monitor pH for the duration of the treatment and.for 24 hours following treatment completion. The monitoring location must be representative of water body-wide conditions. If the pH decreases to less than 6.2,the Permittee must stop treatment, analyze for alkalinity,and must take immediate steps to increase the pH. b. For continuous injection treatments,the Permittee must measure pH at a minimum once every two weeks during the first month of continuous injection and thereafter once a month for the duration of the injection process. The Permittee must ensure that pH measurements represent water body-wide conditions, unless the injection system is in an isolated area in relation to the main water body(e.g., in a bay with a narrow channel to the main water body). For isolated areas of water bodies,the Permittee must measure pH at the end of the bay and in the main water body. 2. Calcium hydroxide/oxide or calcium carbonate treatment a. The Permittee must measure pH once on the day before treatment,and once in the morning and once in the afternoon for the duration of the treatment and for 24 hours following treatment. If the pH is above 9.0 due to the effects of the treatment(rather than through photosynthesis),the Permittee must stop treatment. b. For continuous injection systems,the Permittee must measure pH at a minimum once every two weeks during the first month of continuous injection and thereafter once a month for the duration of the injection process. The Permittee must ensure that pH measurements represent water body-wide conditions,unless the injection system is in an isolated area in relation to the main water body(e.g., in a bay with a narrow channel to the main water body). For isolated areas of water bodies,the Permittee must measure pH at the end of the bay and in the main water body. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 32 S7. ANALYTICAL PROCEDURES A. The Permittee must use either an EPA method or one of the methods specified in section S7.C. or S7.D.to fulfill the analytical requirements of this permit. B. The Permittee must ensure that all monitoring data are analyzed by a laboratory registered or accredited under the provisions of chapter 173-50 WAC,Accreditation of Environmental Laboratories. C. Ecology does not require the use of an accredited laboratory for temperature,dissolved oxygen,pH,alkalinity titration, or Secchi disk measurement. All dissolved oxygen and pH monitoring must follow the protocols in A Citizens Guide to Understanding and Monitoring Lakes and Streams which may be accessed at www.ecy.wa.gov/programs/wq/plants/management/joysmanual/index.html. D. Analyses conducted using enzyme linked immunosorbent assay(ELISA)methods may substitute for the requirements in S7.A. S8. REPORTING AND RECORDKEEPING REQUIREMENTS The Permittee must submit pesticide/product application information in accordance with the following conditions. A. Annual Treatment/Monitoring Reports 1. By December 31 of each year,the Permittee must submit its report electronically through Ecology's online data management system(SecureAccess Washington at https://secureaccess.wa.gov). A signed and dated copy of the report must be mailed to: Department of Ecology Water Quality Program Attn: Aquatic Pesticide Permit Manager P.O. Box 47600 Olympia, WA 98504-7600 2. The Permittee must submit an annual treatment/monitoring report regardless of whether treatment or monitoring occurred and this report must include: Water body name,dates treatment occurred,chemicals used, amount of active ingredient applied,acreage treated, monitoring results,and the plant species targeted. 3. The Permittee must submit any dissolved oxygen monitoring data to the Aquatic Pesticide Permit Manager and the appropriate regional contact,no later than 30 days after the post-treatment monitoring date. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 33 B. Records Retention 1. The Permittee must retain records of all permitting and monitoring information for a minimum of five(5)years. Such information must include copies of all reports required by this permit,plant surveys,and records of all data used to complete the application for this permit. 2. The Permittee must keep records longer in the event of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. 3. The Permittee must make the records,reports, surveys,plans,public notices (including a list of locations or addresses to which they were delivered),and other information required by this permit available to Ecology upon request. C. Recording of Results For each measurement or sample taken,the Permittee must follow the recording provisions outlined in WAC 173-226-090(2). D. Noncompliance Notification If the Permittee is unable to comply with any of the terms and conditions of this permit for any cause,the Permittee must immediately stop the activity causing the noncompliance, correct the problem, notify Ecology of the failure to comply, and return to compliance as quickly as possible. S9. SPILL PREVENTION AND CONTROL A. Spill Prevention The Permittee must: 1. Handle, store, and use all oil, fuel,chemicals,or products authorized under this permit in a manner that prevents spills. 2. Ensure that it maintains all mobile equipment to prevent leaks or spills of petroleum products. 3. Have absorbent materials available for cleanup or the spill containment materials recommended in the Material Safety Data Sheet for that product, including appropriate cleanup materials for a spill of the products being applied. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 34 B. Spill Notification Requirements The Permittee must immediately report spills to Ecology by calling 1-800-6457-911. See http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm for more environmental reporting information. C. Spill Cleanup Requirements 1. In the event of a spill,the Permittee must begin immediate containment and cleanup using appropriate materials. Cleanup takes precedent over normal work. 2. Cleanup includes proper disposal of any spilled materials and used cleanup materials. S10. MITIGATION FOR PROTECTION OF SENSITIVE,THREATENED,OR ENDANGERED PLANTS: AQUATIC PLANT CONTROL PROJECTS A. Survey Requirements If Ecology notifies the Permittee that a rare plant species(rare plant) is reported to be present in a proposed treatment area,the Permittee must conduct a detailed plant survey (unless Ecology waives this requirement). 1. The survey must be performed by a professional aquatic botanist or wetland specialist. The person conducting the survey must not have a financial or personal interest in the treatment. 2. The botanist or wetland specialist must survey when plants are present and can be positively identified, but no earlier than three months before treatment. Ecology may waive the three month requirement if the plant cannot be positively identified during that time frame. 3. The Permittee must survey each year before treatment for rare submersed, floating, or floating-leaved plants and once every five years for rare emergent shoreline plants. 4. The Permittee must submit the survey data to Ecology no later than thirty days before treatment. Ecology may modify or suspend the annual survey requirement if it determines that the treatment(s)have had no adverse effect on the rare plant population. B. Mitigation 1. When a rare plant is in the treatment area,the Permittee must apply prescribed buffers (where required) and select one or more mitigation choices listed below to Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 35 minimize treatment impacts to the rare plant. Monitoring the vitality of rare plant populations after treatment may be required by Ecology. The Permittee must not allow treatment to affect the viability of the rare plant population. 2. Mitigation measures for: a. Submersed,floating,or floating-leaved plants:.If the rare plant is submersed, floating,or floating-leaved and the herbicide application is intended to control submersed species,the Permittee must maintain a no-treatment buffer around the rare plants. The Permittee must maintain a 100-foot buffer when using contact herbicides and must consult with Ecology when using systemic herbicides to determine appropriate buffer distances. If the Permittee has difficulty maintaining a buffer from the majority of the rare plant population, it must consult with Ecology for other options(e.g.,physically relocating the plants). In addition to the buffer,the Permittee must choose one or more mitigation measures below: i. Use a selective herbicide (if applicable)or an herbicide demonstrated to have little effect on the rare plant. ii. Use the lowest effective concentration of herbicide for the target plant if the Permittee can demonstrate that the rare plant is tolerant to the herbicide at that concentration. iii. Use barriers or containment structures(e.g. silt curtains)to protect the rare plant. iv. For floating rare plants,temporarily relocate the plants to an untreated area. v. Time the treatment. b. Emergent plants: If the rare plant is emergent or floating-leaved and the targeted plants are being treated above the water(i.e.,target plants are emergent),the Permittee must maintain a no treatment buffer of 10 feet from the rare plant and choose one or more of the following mitigation measures: i. Use a selective herbicide(if applicable)or an herbicide demonstrated to have little effect on the rare plant. ii. Select an application technique designed to cause less non-target damage (e.g., low-drift nozzle heads, wiper applications, sponge bars, temporarily covering the rare species, etc.). Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 36 • iii. Time the treatment during the growing season to prevent impacts to the rare plant. S11. APPENDICES The attached appendices are incorporated by reference into this permit. APPENDIX A-DEFINITIONS APPENDIX B -PUBLIC NOTICE APPENDIX C -ECOLOGY NOTIFICATION TEMPLATE APPENDIX D-BUSINESS AND RESIDENTUAL NOTICE TEMPLATE APPENDIX E-POSTING TEMPLATES Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 37 GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS All discharges and activities authorized by this general permit must be consistent with the terms and conditions of this permit. The discharge of any pollutant more frequently than, or at a concentration in excess authorized by this permit, constitutes a violation of the terms and conditions of this permit. G2. PROPER OPERATION AND MAINTENANCE The Permittee must at all times properly operate and maintain all systems of treatment and control to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary systems which are installed by a Permittee only when the operation is necessary to achieve compliance with the conditions of this permit. The Permittee must not allow concentrations of the product(s)to exceed FIFRA label or permit conditions. G3. RIGHT OF ENTRY The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law, at reasonable times: A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this permit; B. To have access to and to copy any records that must be kept under the terms of the permit; C. To inspect any postings, monitoring equipment, or method of monitoring required in this permit; D. To inspect any collection,treatment,pollution management,or discharge facilities; and E. To sample any discharge of pollutants. G4. PERMIT COVERAGE REVOCATION Pursuant to chapter 43.21B RCW and chapter 173-226 WAC,the Director may require any discharger authorized by this general permit to apply for and obtain coverage under an individual permit or another more specific and appropriate general permit. Cases where revocation of coverage may be required include,but are not limited to the following: A. Violation of any term or condition of this general permit. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 38 B. Obtaining coverage under this general permit by misrepresentation or failure to disclose fully all relevant facts. C. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090. D. A determination that the permitted activity endangers human health or the environment, or significantly contributes to water quality standards violations. E. Nonpayment of permit fees or penalties assessed pursuant to chapter 90.48.465 RCW and chapter 173-224 WAC. F. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226- 130(5),when applicable; or Permittees who have their coverage revoked for cause according to WAC 173-226-240,may request temporary coverage under this permit during the time an individual permit is being developed,provided the request is made within ninety(90)days from the time of revocation and is submitted along with a complete individual permit application form G5. GENERAL PERMIT MODIFICATION OR REVOCATION This permit may be modified,revoked and reissued, or terminated in accordance with the provisions of chapter 173-226 WAC. Grounds for modification or revocation and reissuance include, but are not limited to,the following: A. When a change that occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. B. When effluent limitation guidelines or standards are promulgated pursuant to the Federal Water Pollution Control Act or chapter 90.48 RCW for the category of dischargers covered under this general permit. C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this general permit is approved. D. When information is obtained which indicates that cumulative effects on the environment from dischargers covered under this general permit are unacceptable. G6. REPORTING A CAUSE FOR MODIFICATION A Permittee who knows or has reason to believe that any activity has occurred or will occur which would constitute cause for revocation under condition G5 above or 40 CFR 122.62 must report such information to Ecology so that a decision can be made on whether action to modify or revoke coverage under this general permit will be required. Ecology may then require submission of a new application for coverage under this,or another general permit, or an application for an individual permit. Submission of a new application does not relieve the Permittee of the duty to comply with all the terms and conditions of the existing general Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 39 permit until the new application for coverage has been approved and corresponding permit has been issued. G7. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a)of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions,even if this permit has not yet been modified to incorporate the requirement. G8. OTHER REQUIREMENTS OF 40 CFR All other applicable requirements of 40 CFR 122.41 and 122.42 are incorporated in this general permit by reference. G9. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit excuses the Permittee from compliance with any applicable federal, state,or local statutes,ordinances,or regulations. G10.ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this general permit by administrative order or permit modification. G11.PAYMENT OF FEES The Permittee must submit payment of fees associated with this permit as assessed by Ecology. Ecology may revoke this permit coverage or take enforcement,collection,or other actions, if the permit fees established under chapter 173-224 WAC are not paid. G12.REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT Any discharger authorized by this general permit may request to be excluded from coverage under this general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. These reasons must fully document how an individual permit will apply to the applicant in a way that the general permit cannot. Ecology may make specific requests for information to support the request The Director may either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to this general permit,the applicability of this general permit to that Permittee is automatically terminated on the effective date of the individual permit. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 40 G13.TRANSFER OF PERMIT COVERAGE This permit coverage may be automatically transferred to a new Permittee if: A. The Permittee notifies Ecology at least 30 days in advance of the proposed transfer date. B. The notice includes a written signed agreement between the existing and the new Permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them. C. The Department does not notify the existing Permittee and the proposed new Permittee of its intent to modify or revoke permit coverage. G14.PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit is deemed guilty of a crime,and upon conviction thereof shall be punished by a fine of up to ten thousand dollars($10,000)and costs of prosecution,or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit will incur, in addition to any other penalty as provided by law,a civil penalty in the amount of up to ten thousand dollars($10,000) for every such violation. Each and every violation is a separate and distinct offense,and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15.SIGNATORY REQUIREMENTS All applications, reports, or information submitted to Ecology must be signed and certified. A. In the case of a municipal, state,or public facility, all permit applications must be signed by a principal executive officer or ranking elected official. In the case of a corporation,partnership,or sole proprietorship, all permit applications must be signed by either a principal executive officer of at least the level of vice president of a corporation,a general partner of a partnership,or the proprietor of a sole proprietorship. B. All reports required by this permit and other information requested by Ecology must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above and submitted to Ecology. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 41 2. The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility, such as the position of plant manager, superintendent,position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) C. Changes to authorization. If an authorization under paragraph B.2 above is no longer accurate because a different individual or position has responsibility for environmental matter,a new authorization satisfying the requirements of paragraph B.2 must be submitted to Ecology prior to or together with any reports, information,or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiries of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief true, accurate and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. G16.APPEALS The terms and conditions of the Aquatic Plant and Algae Management general permit are subject to appeal. There are two different appeal categories. A. The permit terms and conditions as they apply to the appropriate class of dischargers are subject to appeal within thirty(30)days of issuance of this general permit in accordance with chapter 43.21(B)RCW and chapter 173-226 WAC; and B. The applicability of the permit terms and conditions to an individual discharger are subject to appeal in accordance with chapter 43.21(B)RCW within thirty(30)days of effective date of coverage of that discharger. An appeal of the coverage of this permit to an individual discharger is limited to the applicability or non-applicability of this permit to that same discharger.Appeal of this permit coverage of an individual discharger will not affect any other individual dischargers. If the terms and conditions of this general permit are found to be inapplicable to any discharger(s),the matter must be remanded to Ecology for consideration of issuance of an individual permit or permits. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 42 G17.SEVERABILITY The provisions of this general permit are severable, and if any provision of this general permit,or application of any provision of this general permit to any circumstance, is held invalid,the application of such provision to other circumstances and the remainder of this general permit shall not be affected thereby. G18.DUTY TO REAPPLY The Permittee must reapply for coverage under this general permit at least one hundred and eighty(180)days prior to the specified expiration date of this general permit. An expired general permit and coverage under the permit continues in force and effect until Ecology issues a new general permit or until Ecology cancels it. Only those Permittees that reapply for coverage are covered under the continued permit. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 43 APPENDIX A—DEFINITIONS All definitions listed below are for use in the context of this permit only. 303(d): Section 303(d)of the federal Clean Water Act requires states to develop a list of polluted water bodies every two years. For each of those water bodies,the law requires states to develop Total Maximum Daily Loads(TMDLs).A TMDL is the amount of pollutant loading that can occur in a given water body(river, marine water,wetland, stream,or lake)and still meet water quality standards. Adjuvant: An additive, such as a surfactant,that enhances the effectiveness of the primary chemical (active ingredient). Algae: Primitive, chiefly aquatic, one-celled, or multicellular plant-like organisms that lack true stems, roots,and leaves but usually contain chlorophyll. Algaecide: A chemical compound that kills or reduces the growth of algae or cyanobacteria. Algae control: Applying algaecides to kill or suppress the growth of cyanobacteria, filamentous algae, or any algal species that have the potential to affect human or environmental health. All known, available, and reasonable methods of pollution control,prevention, and treatment (AKART):A technology-based approach to limiting pollutants from discharges. Described in chapters 90.48 and 90.54 RCW and chapters 173-201A, 173-204, 173-216 and 173- 220 WAC. Applicant: The licensed pesticide applicator or state or local government entity choosing to get coverage under this permit. For nutrient inactivation projects the applicant does not need to be a licensed applicator but may be a government entity or the person that discharges the product. Application schedule: The proposed treatment date(s) for a specific water body or specific area within a water body during one treatment season. Applicator: The person that discharges the chemical to a water body.Applicators are required to be licensed to apply registered pesticides. Some chemicals such as alum are not registered or used as pesticides and therefore the applicator does not, by state law,have to be licensed. Aquatic nuisance plants: Any non-noxious aquatic plants that are at a density and location so as to substantially interfere with or eliminate some beneficial uses of the water body. Typically these beneficial uses include activities such as boating, swimming, fishing, or waterskiing. Aquatic plant control: The partial removal of aquatic plants within a water body or along a shoreline to allow for the protection of beneficial uses of the water body. Beneficial uses: See WAC 173-201A-200. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 44 Biological water clarifiers: Microbial or bacterial products sold for the purpose of water clarification,removal of organic materials from sediment, and reduction of nutrients(as claimed by manufacturers). Blooms: A high density or rapid increase in abundance of algae (cyanobacteria). Children's camps: A site located along a water body that provides water contact recreation and other activities for children particularly during the summer months and includes day camps as well as residential camps. Constructed water body: A man-made water body created in an area that was not part of a previously existing watercourse, such as a pond, stream, wetland, etc. Contact herbicide: An herbicide that typically affects only the part of the plant that the herbicide is applied to. Contact herbicides often act as chemical mowers, leaving roots available for re- growth. Contact herbicides are fast-acting, but tend to result in temporary removal of the targeted plants. Control: The partial removal of native plants, non-native non-noxious plants,algae,and noxious or quarantine-list weeds(that are not being eradicated lake-wide) from a water body. The purpose of control activities is to protect some of the beneficial uses of a water body such as swimming, boating, water skiing, fishing access, etc. The goal is to maintain some native aquatic vegetation for habitat while allowing some removal for beneficial use protection. Cyanobacteria: A group of usually unicellular photosynthetic organisms without a well-defined nucleus; sometimes called"blue-green algae" although they are not actually algae. Some genera of cyanobacteria produce potent liver or nerve toxins. Defined navigation channels: Clearly delineated areas that are intended to provide safe access to different sections of the water body by boat. Defined swimming channels: Clearly delineated areas intended for safe passage of swimmer between swimming areas on a water body. Detention or retention ponds: Man-made water bodies specifically constructed to manage stormwater. Detention ponds are generally dry until a significant storm event. Retention (wet) ponds are designed to have a permanent pool of water and gradually release stormwater through an outlet. Direct supervision responsibilities: Licensed certified applicators may directly supervise unlicensed applicators. Direct supervision by aquatic certified applicators means direct on-the- job supervision and requires that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 45 Discharge Management Plan: A site-specific water body plan that incorporates elements of integrated pest management. For new applicants with projects five or more acres,the Discharge Management Plan also serves as a SEPA addendum. Emergent vegetation:Aquatic plants that generally have their roots in the water, but the rest of the plant is above water(e.g., cattails, bulrush). Eradication: Eradication is the permanent removal of all non-native,invasive aquatic plants of one or more species within a water body or along a shoreline. The goal of eradication projects is to allow a diverse native plant community to flourish once the invasive species is eliminated. It may take years to achieve eradication of a target species. Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA): A set of EPA regulations that establishes uniform pesticide product labeling, use restrictions, and review and labeling of new pesticides. Filamentous algae: Typically green algae species that grow in long strings or form cloud-like mats in water. Filamentous algae do not produce toxins. Floating plants: Plants that are not rooted in the sediment(e.g., duckweed). These plants freely float in or on the water surface, but are most often observed in shallow water. Floating-leaved plants:Plants that are rooted in the sediment but have leaves floating on the water's surface(e.g.,water lilies). Herbicide: Any substance or mixture of substances intended to prevent,destroy, repel,or mitigate any weed or other higher plant(see chapter 17.21.020 RCW). High use areas: Any areas that get a high level of human use. Examples include community and public boat launches,marinas,public or community swim beaches, and canals. Identified and/or emergent wetlands: Identified wetlands are those identified by either local, state,or federal agencies as being important wetlands. Emergent wetlands(marshes)are characterized by plants growing with their roots underwater and leaves extending above the water(emergent plants). Impact to non-target plants: Plants inadvertently affected by an herbicide treatment that was intended to treat other plants. Impacts to the non-target plants may include death or affected growth or vigor. Individual treatments: Treatments done at the request of an individual owner under a permit coverage specific to that property only. Intentionally apply: The permit allows the applicator to directly discharge an herbicide, algaecide, or other product identified in this permit into areas designated for treatment(e.g., via Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 46 hoses,granular pellets,etc.).Note that products applied directly to the water may disperse outside of the boundaries of the treated area. Invasive: Tending to spread and then dominate the area by outcompeting other plants. Some non- native species can become invasive when introduced outside of their native range. Some native plants can be invasive too (e.g.,cattails). Legal oversight: Having authority under the law to manage aquatic plants or algae in a water body. See also the sponsor definition. Legal water right: A water right is a legal authorization to use a predefined quantity of public water for a designated use. The purpose must qualify as a beneficial use such as irrigation, domestic water supply,etc.Any use of surface water which began after the state water code was enacted in 1917 requires a water-right permit or certificate. Legal water right claim: A water right claim is statement of beneficial use of water that began prior to 1917 for surface water. Claims remain valid until such time that adjudication occurs, whereby the validity of the claim must be proven before a court of law. During adjudication, claimants are required to prove that water has been in constant beneficial use prior to 1917 for surface water. Five or more consecutive years of non-use may invalidate a claim. Licensed pesticide applicator: Any individual who is licensed as a commercial pesticide applicator,commercial pesticide operator,public operator,private-commercial applicator, demonstration and research applicator,or certified private applicator,or any other individual who is certified by the director of WSDA to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only. WSDA classifies aquatic herbicides as restricted use pesticides. Littoral zone: The vegetated area from the water body's edge to the maximum water depth where plant growth occurs. The littoral zone varies between water bodies depending on bathometry, water clarity,water quality,and other environmental conditions. Lot: A parcel of land having fixed boundaries. Marker dyes: Colorants that are sprayed onto the targeted weed along with the herbicide. Marker dyes allow better targeting of herbicide sprays since treated and untreated areas are more clearly seen by the applicator. Municipal or community drinking water intakes: A drinking water intake that supplies water to a city,town, or a community. Native and non-native plants:Native plants are plants that are indigenous to the region; non- native plants are not indigenous to the region,but are not on Washington's quarantine list or noxious weed list. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 47 New applicants: An applicator or government entity that proposes to discharge pesticide into waters of the state, but does not already have coverage under the Aquatic Plant and Algae Management Permit for the proposed treatment site. Non-native: A plant living outside of its natural or historical range of distribution. Plants considered to be non-native were not present in Washington prior to European settlement. Most non-native plants are not considered to be noxious weeds. Notice of Intent(NOD: An application to obtain coverage under an NPDES permit. Noxious weed: A legal term defined in chapter 17.10 RCW that means a non-native plant that when established is highly destructive,competitive,or difficult to control by cultural or chemical practices. The Washington State Noxious Weed Control Board maintains a legal list of noxious weeds(see chapter 16.750 WAC for the current list of noxious weeds). Nutrient management: The use of chemical precipitants to bind soluble reactive phosphorus into an insoluble form that is unavailable to aquatic organisms,to clarify the water column,and to reduce the release of phosphorus from sediments. Nutrient inactivation is typically used to prevent algae blooms by inhibiting phosphorus release from sediments. Nutrient inactivation products: Products used to inactivate nutrients in the sediments include aluminum sulfate or sodium aluminate(alum)and calcium hydroxide. Occasionally:No more than a few times(1-3)per treatment season and only for unforeseen events(e.g.,disruption with product deliveries or severe adverse weather conditions). Permittee: The licensed applicator or government entities that have obtained coverage under the permit. For nutrient inactivation projects,the Permittee may be the discharger that most closely resembles a licensed applicator. Pesticide: WAC 15.58.030(31) "Pesticide"means, but is not limited to: a) Any substance or mixture of substances intended to prevent, destroy,control, repel,or mitigate any insect, rodent, snail, slug, fungus,weed, and any other form of plant or animal life or virus,except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest; b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and c) Any spray adjuvant. Plant growth forms: The growth characteristics(morphology) of aquatic plants such as emergent plants (cattails), submersed plants (Eurasian watermilfoil),and floating-leaved plants(water lilies). Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 48 Potentially invasive plants: Species that are not indigenous to the region, have been shown to have invasive tendencies, and have a probability of becoming listed as a noxious weed. Private property: Any property owned by a single person or multiple persons or business that provides no public access to a water body. Priority habitats and species: Habitats and species that WDFW considers priorities for conservation and management in Washington. Priority species require protective measures for their survival due to their population status, sensitivity to habitat alternation, and/or recreational, commercial or tribal importance. Priority habitats are habitat types or elements with unique or significant value to a diverse assemblage of species. Privately or publicly-owned shoreline: Any shoreline area without public access,owned by an individual,business, or a public entity. Professional aquatic botanist: A scientist that specializes in the study and identification of aquatic plants. Public access: Identified legal passage to any of the public waters of the State,assuring that members of the public have access to and use of public waters for recreational purposes. Public access areas include public-or community-provided swimming beaches,picnic areas,docks, marinas, and boat launches at state or local parks and private resorts. Public access areas: These areas include public-or community-provided swimming beaches, picnic areas,docks, marinas, and boat launches at state or local parks and private resorts. Public boat launch: A public-or community-provided location on a water body that is designated for the purpose of launching or placing a boat in the water,usually for recreational purposes. Boat launches also include sites used as put-ins and take-outs for small watercraft such as canoes or kayaks. Public entrance: A location where people typically access a public pathway. Public pathway: A trail along a water body that allows access to the water body by the public. Quarantine-listed weeds: Plants listed on the WSDA Quarantine list as identified in chapter 16.750 WAC. Reasonable public access: Identified legal passage to any of the public waters of the State,or areas where it is apparent that the public have been accessing the water(well worn pathways or other indications of recent human usage of the site). Recreation: Water skiing,boating, swimming, wading, fishing,and other such water-related activities. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 49 Right of way: A strip of land that is granted,through an easement or other mechanism, for transportation or other typically public uses. Right of way locations may include roadsides and/or highways, railroads,power lines and irrigation ditches. Same time of day: The same two-hour time window for pre-and post-treatment monitoring on any given day(applies to pH and dissolved oxygen monitoring). Selective herbicide: An herbicide that kills or affects specific plant species, sparing other less- susceptible species. Selectivity occurs through different types of toxic action or by the manner in which the material is used(its formulation,dosage,timing,placement,etc.). Sensitive, threatened, or endangered plants: Sensitive: Any species that is vulnerable or declining and could become endangered or threatened in the state without active management or removal of threats. Threatened: Any species likely to become endangered in Washington within the foreseeable future if factors contributing to its population decline or habitat degradation or loss continue. Endangered: Any species in danger of becoming extinct or extirpated from Washington within the foreseeable future if factors contributing to its decline continue. Populations of these species are at critically low levels or their habitats have been degraded or depleted to a significant degree. SEPA addendum: See also the definition for the State Environmental Policy Act(SEPA). "Addendum" means an environmental document used to provide additional information or analysis that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. The term does not include supplemental EISs.An addendum may be used at any time during the SEPA process(WAC 197-11-706)."A SEPA addendum provides additional site-specific information about a project. Shading products: These compounds are usually non-toxic dyes and are designed to reduce the amount of light penetrating the surface of a water body,thereby reducing plant and algae growth. Shoreline: The area where water and land meet. Shoreline emergent vegetation: Plants growing along the edges of lakes,ponds, rivers, and streams that have at least part of their stems, leaves,and flowers emerging above the water surface and are rooted in the sediment(e.g.,cattails, bulrush, bogbean). Sponsor: A private or public entity or a private individual with a vested or financial interest in the treatment. Typically the sponsor contracts with a licensed applicator to apply pesticides for aquatic plant or algae management. A sponsor is an individual or an entity that has authority to administer common areas of the water body or locations within the water body for the purposes of aquatic plant and algae management. Entities with this authority include Lake Management Districts formed under chapter 36.61 RCW, Special Purpose Districts formed under Title 57 RCW, Homeowners Associations formed under chapter 64.38 RCW,and groups operating under Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 50 the provisions of chapter 90.24 RCW. There may be other entities with the authority to manage common areas in public or private water bodies. For treatment on individual lots,the sponsor must have the authority to contract for aquatic plant and algae management within the lot boundaries. State Environmental Policy Act(SEPA): A state policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal(See chapter 43.21C RCW and chapter 197 -11 WAC). State experimental use permit:A permit issued by WSDA allowing use of pesticides that are not registered,or for experiments involving uses not allowed by the pesticide label. Aquatic applications are limited to one acre or less in size. Submersed: Underwater. Submersed plants generally always remain under water,although many submersed species produce above-water flowers(e.g.,pondweeds, milfoil). Surface waters of the state of Washington: All waters defined as"waters of the United States" in 40 CRF 122.2 within the geographic boundaries of the state of Washington. All waters defined in RCW 90.48.020. This includes lakes, rivers,ponds, streams, inland waters, and all other fresh or brackish surface waters and water courses within the jurisdiction of the state of Washington. Also includes drainages to surface waters. Swimming advisory: Information required to be posted on all public signs advising people not to swim in the treated area for a number of hours after treatment. An advisory is a recommendation rather than a restriction. Swimming restriction: Information required to be posted on all public signs stating that no swimming must occur in the treatment area for a number of hours after treatment. Systemic herbicide: A chemical that moves (translocates)throughout the plant and kills both the roots and the top part of the plant. Systemic herbicides are generally slower-acting than contact herbicides, but tend to result in permanent removal of the targeted plants. Treatment: The application of an aquatic herbicide, algaecide,or control product to the water or directly to vegetation to control vegetation,algae, or remove or inactivate phosphorus. Treated area: The area where pesticide is applied and where the concentration of the pesticide is sufficient to cause the intended effect on aquatic plants or algae. Upland farm pond: Private farm ponds created from upland sites that did not incorporate natural water bodies(WAC 173-201A-260(3)(f)). Washington Pesticide Control Act: Chapter 15.58 RCW. Wetland: Any area inundated with water sometime during the growing season, and identified as a Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 51 wetland by a local, state, or federal agency. Wetland Specialist: A biologist who specializes in the study and identification of wetland plant species. In the absence of other definitions set forth herein,the definitions set forth in 40 CFR Part 403.3 or in chapter 90.48 RCW apply. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 52 APPENDIX B-PUBLIC NOTICE Public notice must be published at least once each week for two consecutive weeks, in a single newspaper of general circulation in the county or counties where the treatment will take place. The applicant must mail or deliver this notice to all potentially affected waterfront residents (those within one-quarter mile in each direction along the shoreline or across the water from proposed treatment areas)within one week of publishing the first newspaper notice. The applicant may add additional project information to this template,but must not remove or change any bolded language (other than changing fonts or removing bolding). PUBLIC NOTICE TEMPLATE Applicant name and contact information(e.g.,phone number, Email address, website) is seeking coverage under the NPDES Waste Discharge General Permit for aquatic plant and algae management. The proposed coverage applies to list water body name, acres proposed for treatment, and their location within the water body. Water body name may be treated to control aquatic plants and algae. The chemicals planned for use are: list all active ingredients anticipated for use. Any person desiring to present their views to the Department of Ecology regarding this application must do so in writing within 30 days of the last date of publication of this notice. Comments must be submitted to the Department of Ecology.Any person interested in the Department's action on the application may notify the Department of their interest within 30 days of the last date of publication of this notice. Submit comments to: Department of Ecology P.O. Box 47696 Olympia,WA 98504-7600 Attn: Water Quality Program,Aquatic Pesticide Permit Manager Email:jonathan.jennings@ecy.wa.gov Telephone: 360-407-6283 The chemicals planned for use have(name water use restrictions—such as drinking water or irrigation water use restrictions) for up to(number of days or other information about use restrictions). Persons with legal water rights should contact the applicant if this coverage will result in a restriction of these rights. Permittees are required to provide an alternative water supply during treatment. Copies of the application are available by contacting the Aquatic Pesticide Permit Manager. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 53 10 a m * * -0 -n m m a. -. 3 1 3 _. a) m o 71 a -. 0, n � O �G M M 0 mg z N 3 o m CD '3 3 CO. 3 0 c U . = m = Z 3 ° 2) itt 3 p o '+ 2 o D r- A) 0'a �. b a = n O a d � > > = D d o c rl O Sc 'o n 3 0 o s m Q a V A E N oC , � A (D Q -52 M rye i O �p O - w c y i 0 Co ,:� b Z MI b ri P° a to y m m o A O 3 A an m M i r A. C 'o > � m 0 0 0 a1 O 3 % o. 33I. w 3 = 0 0 0 , 0 ' �° Q' -"' II 0 CD a _ o 0. -I CD 3 3 3 l O B ' 0 3 CD c� Q a) m 0 ;-r 3 0. o z - -a) I. a O 0.a I O * ? C) Q.. 0 0 0) r c 3 0 CI 1 iT o c . m - M N co 3 G fA A a CD a as 0. I co O. a ~_ 'U m co I M A cn , m a m i 0 ""00 ' It) i /ILa a A " so 0 0 A c. N O N _ O la xi, 5 5 3 — • .- ao O ' a 01 - - 0 m ; 0 0 3 0 3 A. APPENDIX D— BUSINESS AND RESIDENTIAL NOTICE TEMPLATE The applicant may add project information to this template but must not remove or change any bolded language(other than changing fonts or removing bolding). Business and Residential Notice Distribution Date: Date notices mailed or delivered Water body will be treated with name type of product (e.g., aquatic herbicides, algaecides, bacterial products, etc.) on or between treatment dates. Product(s) planned for use: list product names Active ingredient(s): list the active ingredients Plants/Algae targeted: describe what will be treated and why Location of treatment(s): describe locations or include a map The applicator will post signs in the treated and potentially affected areas no more than 48 hours prior to treatment. The signs will describe any water use restrictions or advisories. If you are withdrawing water for potable or domestic water use, livestock watering, or irrigation, and have no alternate water source, please contact name of applicator at phone number or e-mail to arrange an alternate water supply. Note: Business and residential notification only goes 1/4 mile from each treatment site. Check the product label to ensure that treatment does not impact potable water users more than % mile from treatment area. If you want additional notification prior to treatment, or have further questions, please contact me using the information above. Optional: include contact information for the sponsor here. This herbicide treatment is regulated under a permit issued by the Washington State Department of Ecology. Permit No. applicator to enter the permit coverage number Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 56 APPENDIX E- POSTING TEMPLATES Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 57 CAUTION The aquatic herbicide 2, 4-D (amine formulation) will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign-posted area for 24 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) This application is regulated by Department of Ecology: Phone _) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 58 . WARNING The aquatic herbicide 2,4-D (ester formulation) will be applied under permit to these waters on to control aquatic vegetation. Use Restrictions: No swimming in the sign-posted area during and for 24-hours following treatment. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) This application is regulated by the Department of Ecology: Phone ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 59 CAUTION The biological water clarifier will be applied under permit to these waters on There are no swimming or recreation restrictions. For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 60 CAUTION Diquat Dibromide will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign-posted area for 24 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Domestic Animal Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 61 . . • CAUTION Endothall (Dipotassium salt) will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign-posted area for 24 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Fishing Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 62 • _ . WARNING Endothall (Hydrothol 191 TM) will be applied under permit to these waters on to control algae. Ecology recommends no swimming in the sign-posted area during and for 24-hours following treatment. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 63 CAUTION Fluridone will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 .DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 64 CAUTION Glyphosate will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. • Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 65 CAUTION Imazapyr will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 66 CAUTION The shading product will be applied under permit to these waters on to control aquatic vegetation and/or algae. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 67 .. r CAUTION Sodium carbonate peroxyhydrate will be applied under permit to these waters on to control algae. Ecology recommends no swimming in the sign-posted area for 12 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 68 • J CAUTION Triclopyr TEA will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign-posted area for 12 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Fishing Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 69 CAUTION Imazamox will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 70 , , w CAUTION Bispyribac-sodium will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 71 CAUTION Carfentrazone-ethyl will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit—April 4, 2012 Page 72 4 CAUTION Flumioxazin will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 73 a CAUTION Penoxsulam will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 74 .4 4 • CAUTION The nutrient inactivation product (list product alum or calcium products) will be applied under permit to these waters on There are no swimming or recreation restrictions. For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit-April 4, 2012 Page 75