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12-101766A�kCITY OF Federal May 5, 2014 Kyle Langan AquaTechnex PO Box 118 Centralia, WA 98531 FILE CITY HALL Way33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: File #12-101766-00-AD; LAKE LORENE RESPONSE LETTER TO DMP Twin Lakes HOA Vegetation Maintenance Plan, Federal Way Dear Mr. Langan: Per your request, the city's planning department reviewed the Discharge Management Plan (DMP) that was submitted to Ecology for the General NPDES permit. The General NPDES permit does not seem to support the DMP as written. In the DMP it was noted that there are no sensitive habitats or wetlands associated with the water body (Water Body Information (#11)). However, according to the City's critical areas map, a category II wetland and associated 100-foot buffer exists along the fringe of the lake. Please verify that identifying the wetland would not change the issuance of the General NPDES permit. Also in the DMP under the response to Action Plan section, #6, it states, "The General NPDES permit that requires the development of the DMP has evaluated the compatibility of aquatic herbicide applications with human health, fisheries, wildlife, waterfowl, wetlands, range plants, endangered species, water rights holders, and the ecology of the water body. The permit provides specific direction for mitigation measure for each of these instances as part of the direction the applicator must follow. When this permit coverage is obtained and adheard (sic) to, these applications are very compatible with these conditions." The General NPDES states that 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. High use areas are defined as 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. The high use area associated with Lake Lorene is the Treasure Island Park area. Per the above -referenced NPDES permit, treatment should be limited to the high use area. If you interpret this language differently, please explain why. The plan that is in place, in that it allows treatment lake -wide, does not appear to comply with the wetland -specific direction of the General NPDES permit for the treatment in areas of identified/emergent wetlands. Further documentation or a wetland report from a qualified wetland biologist that evaluates the impact of the work on the wetland outside of the high use area is required. The goal would be to develop a plan that Mr. Langan May 5, 2014 Page 2 accomplishes the HOA's goals of controlling undesirable vegetation, while at the same time maintaining wetland ecology and function. If you have any further questions please feel free to contact me. Sincerely, Isaac Conlen Planning Manager c: Email to Kyle Langan, kyle@aquatechnex.com Email to Gary Darcey, maynard55@gmail.com Becky Chapin, Associate Planner 12-101766 Doc. I.D. 65503 Department of Ecology -- General Permit Application Page 1 of 2 WASHINBT0A STATE 0iPA0TNENT OF ECOLOGY Permit #__= ____ Application for Coverage AQUATIC PESTICIDE GENERAL. PERMIT Notice of Intent To comply with the terms of the statewide general permit for discharges of aquatic pesticides to control aquatic vegetation and algae to surface waters of the state I. PERMI TTEE: Government entity/applicator: AquaTechnex II. MAILING AND CONTACT INFORMATION: Lake Name: Lake Lorene Business/company name: AquaTechnex Business owner name: Terry McNabb DEPARTMENT OF ECOLOGY WATER JINN 03 2011 Contact name: Business contact name: Kyle Langan Kyle Langan Mailing address: Business mailing address: POB 118 POB 118 City: Centralia City: Centralia Zip + 4: WA Zip + 4: WA E-Mail address: kyle@aquatechnex.com E-Mail address: kyle@aquatechnex.com Daytime phone: 360-330-0152 Daytime phone: 360-330-0152 Cell phone: 360-239-5707 Cell phone: 360-239-5707 UBI Number: 602190833 III. WATER BODY INFORMATION: 1. Name of water body that will be treated: Lorene 2. County: K- inq 3. Is it a river, lake, creek, stream, or wetland? Lake 4. What is the size of the water body in acres? 5 5. Does the water body have any inlets or outlets? Yes a. Name and/or describe all water body inlets: Unnamed b. Name and/or describe the water body or water bodies the outlet flows to. If outlet is unnamed, state "unnamed outlet" and first named downstream water body. Unnamed outlet flows to Lake Jeanne 6. Is the water body on the EPA 303d listing for phosphorus or dissolved oxygen? X Yes No 7. Is the outlet that the water body flows into on the EPA 303d listing for phosphorus or dissolved oxygen? X Yes No 8. Nearest city: Fade al Wa 9. Legal description of site: Latitude: 47 I18' 57" 'N' Longitude: 1220 2 3' 28" 'W' (Must have be provided in degrees, minutes, and seconds) IV. STATE ENVIRONMENTAL POLICY ACT SEPA For State Use2: SEPA requirements must be complied with prior to submittal to the pesticide permit application. If exempt, provide documentation that justifies SEPA exemption. 1. Has a SEPA review been completed? ❑ Yes ❑ No Date: 2. Lead agency issuing SEPA Determination: 3. Type of SEPA determination: ❑ DNS ❑ DS ❑ Mitigated DNS Department of Ecology -- General Permit Application Department of Ecology -- General Permit Application Page 2 of 2 V. PLANT AND CHEMICAL INFORMATION: 1. Products planned for use: Chemical name Targeted plant(s) or algae name by genus and species If the plant or algae can be identified to species. (Chemical shall be appropriate for species listed.) Diquat dibromide Potamogeton spp., Elodea Canadensis, Ceratophyllum demersum Endothall (dipotassium salt) Potamogeton spp., Elodea Canadensis, Ceratophyllum demersum Endothall (mono -salt) Algae spp Glyphosate Typha, Iris, nymphaea Aluminum sulfate Algae spp Calcium hydrodxide / Carbon dioxide Algae spp Adjuvant(s) LI-700 Targeted plant(s) or algae name by genus and species if the plant or algae can be Identified to species. Product Type Biological water clarifiers Algae spp VI. REGULATORY STATUS: (Applicator Information Only) 1. Department of Agriculture Pesticide Applicator License number: 7973 2. Department of Agriculture Pesticide Applicator License expiration date: 12/31/2010 3. X License has an Aquatic Endorsement or will be supervised by someone with an Aquatic Endorsement. 4. X My renewal has been satisfied and will remain current. 5. Type of Activity: Eradication x Control Nutrient Inactivation VII. SPILL KIT Do you have a complete and up-to-date kit? X Yes No VIII. CERTIFICATION certify under penalty of law that this document and all attachments were prepared under my direction or supervision. he information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that Jere are significant penalties for submitting false information, including the possibility of fine and imprisonment for riowina violations. All label directions and requirements will be followed unless the Department of Ecology has further restrictions. Printed name of Signature: "I certify that I have hired the Printed name of Sponsor: Signature: .,. listed above to perform Date: Z�p applications. " Date: https://secureaccess.wa.gov/ecy/wgapgnoi/Pmt... Department of Ecology -- General Permit Application Twin ,Lakes (Lake Lorene) Public Notice Aquatecbnex, LLC. phone # 1-360-330-0152 is seeking coverage under the NPDES Waste Discharge General Permit for aquatic plant and algae management. Aquatechnex will be aiding the Twin Lakes HOA in treatment of the five acre Lake Lorene in Federal �t Way. Lake Lorene may be treated to control aquatic weeds and algae growth between ,�aQ April I, 2011 through December 31, 2016. The herbicide planned for use is: Glyphosate and LI-700 . The total treatment area will not exceed 3.5 acres. Any person desiring to present their views to the Department of Ecology regarding this application shall do so in writing within 30 days of the last date of publication of this notice. Comments can also be submitted on the SEPA documents for this project. Submit comments to: Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, Attn: Water Quality Program, Aquatic Pesticide Permit Coordinator. Any water use restrictions and or advisories will be posted near the treatment areas along the private shoreline and public access points. Copies of the application are available by calling the Water Quality Program, Aquatic Pesticide Permit Coordinator at # 1-360-407-6938. WAC 197-11-960 Environmental checklist. Purpose of checklist. The State Environmental Policy Act (SEPA), chapter 4321C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefiilly, to the best of your knowledge. !n most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checkfisi for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FORNONPROIECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: Lake Lorene Noxious Aquatic Weed Control Program 2. Name of applicant: Aquatechnex. LLC 3. Address and phone number of applicant and contact person: Terry McNabb or Kyle Langan, PO Box 118, Centralia, WA 98531, 360-330-0152 4. Date checklist prepared: December 16, 2010. 5. Agency requesting checklist: Washington Department of Ecology 6. Proposed timing or schedule (including phasing, if applicable): This program will commence on receipt of the NPDES permit this checklist is required for. 7. Do you have any plans for future additions, expansion, or finther activity related to or connected with this proposal? If yes, explain. The NPDES permit is a five year permit. At this time we have no plans beyond the expiration date of the permit. 8. List any envivonmental information you know about that has been prepared, or will be prepared, directly related to this proposal. This checklist is required as part of the permit application process for aquatic weed control. That document has been filed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. NO. 10. List any government approvals or permits that will be needed for your proposal, if known. The NPDES permit that this checklist supports is the only government approval or permit that will be needed for our proposal. 11. Give brief, complete description Of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information an project description.). This proposal is to use US EPA approved aquatic herbicides within the conditions of the NPDES for aquatic weed control issued by the Department of Ecology to manage aquatic weeds within the waters of Lake Lorene_ There are about 3.5 acres of water within this proposed treatment area. The permit application that accompanies this document has a map and locations of the proposed treatments. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a Iegal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. This information is contained in the map and permit application that accompanies this checklist. TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS EVALUATION FOR AGENCY USE ONLY 1. Earth a. General description of the site (circle one): FIat, rolling, hilly, steep slopes, mountainous, other ...... This proposed activity will take place in Lake Lorene, see map b. What is the steepest slope on the site (approximate percent slope)? Not applicable 2 TO BE COMPLETED BY APPLICANT c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soil types within the treatment area are lake sediments. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not applicable e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable, no impervious surface created h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: not applicable EVALUATION FOR AGENCY USE ONLY a. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? if any, generally describe and give approximate quantities ifknown. There will not be significant emissions created by this project. A boat with a four stroke engine will be utilized for approximately 4 hours on two to three occasions during the summer. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Not applicable c. Proposed measures to reduce or control emissions or other impacts to air, if any: use of four stroke engines on vessels TO BE C.OMP1.1,TT.D BY APPLICANT 3. Water a. Surface: EVALUATION FOR AGENCY USE ONLY 1) Is there any surface water body on or in the immediate vicinity ofthe site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes, this proposal is to treat aquatic weeds in Lake Lorene. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes this work will occur on Lake Lorene as described in the maps and permit application attached to this document. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Not applicable 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type ofwaste and anticipated volume of discharge. The proposal involved the application of EPA approved aquatic herbicides under the guidelines of an NPDES permit issued by Ecology. These are not considered waste materials, they may be considered as pollutants under state law. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discbarged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None TO BE COMPLETED BY APPLICANT c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, ifknown). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: not applicable 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs EVALUATION FOR AGENCY USE ONLY grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: Elodea, Coontail, Yellow Flag his, Potamogeton sp., Chara, Cattail, algae other types ofveeetation b. What kind and amount of vegetation will be removed or altered? This proposal will control the aquatic weed species present within the project site waters. c. List threatened or endangered species known to be on or near the site. None Known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: none considered. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: bawk, heron, eagle, songbirds, other: All mammals: deer, bear, elk, beaver, other: Deer, fish: bass, salmon, trout, herring, shellfish, other: bass, trout, b. List any threatened or endangered species known to be on or near the site. None Know. 5 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY c. Is the site part of a migration route? If so, explain. Migratory Waterfowl no doubt use Lake Lorene during migratory times of the year. d. Proposed measures to preserve or enhance wildlife, if any: reduction of aquatic weed species present in the treatment areas. 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. not applicable b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. no c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: none 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Aquatic herbicides that may be used are described in Ecology's Risk Assessment documents and the Agency has determined that those products permitted for use pose a minor to negligible risk to health when applied under the guidelines present in the Permit There are no risks of fire or explosion. There are no real risks of spill that could result from this, see below. 1) Describe special emergency services that might be required. No emergency services should be required. Aquatechnex does provide telephone communication to all employees, we maintain information on the products used on site, we maintain the telephone number of local emergency service providers. 2) Proposed measures to reduce or control environmental health hazards, if any: a spill kit will be present with the crews. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None, not applicable 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. Short term noise from a low horsepower outboard engine for 4 to 8 hours 3 or 4 times a year. TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 3) Proposed measures to reduce or control noise impacts, if any: use of four stroke engines, low speed settings 8. Land and shoreline use a. What is the current use of the site and adjacent properties? High use recreational waters and park b. Has the site been used for agriculture? If so, describe. Not applicable c. Describe any structures on the site. Not applicable d. Will any structures be demolished? If so, what? No, not applicable e. What is the current zoning classification of the site? The site is Lake Lorene lake bottom, the adjacent properties are zone residential f. What is the current comprehensive plan designation of the site? Lake g. If applicable, what is the current shoreline master program designation ofthe site? Not applicable h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Probably all of Lake Lorene is considered an environmentally sensitive area. i. Approximately how many people would reside or work in the completed project? None, not applicable j. Approximately how many people would the completed project displace? None, not applicable k. Proposed measures to avoid or reduce displacement impacts, if any: None, not applicable TO BE COMPLETED BY APPLICANT 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None, not applicable 9. Housing a. Al)proxirnately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. None, not applicable b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None, not applicable c. Proposed measures to reduce or control housing impacts, if any: None, not applicable 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? None, not applicable b. What views in the immediate vicinity would be altered or obstructed? None, not applicable c. Proposed measures to reduce or control aesthetic impacts, if any: None, not applicable 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None, not applicable EVALUATION FOR AGENCY USE ONLY b. Could light or glare from the finished project be a safety hazard or interfere with views? None, not applicable c. What existing off -site sources of light or glare may affect your proposal? None, not applicable d. Proposed measures to reduce or control light and glare impacts, if any: None, not applicable TO BE COMPLETED BY APPLICANT 12. Recreation EVALUATION FOR AGENCY USE ONLY a. What designated and informal recreational opportunities are in the inunediate vicinity? Boating, swimming, fishing b. Would the proposed project displace any existing recreational uses? If so, describe. No, this project will improve these activities. c. Proposed measures to reduce or control impacts on recreation, including recreation op- portunities to be provided by the project or applicant, if any: none, not applicable 13. Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preser- vation registers known to be on or next to the site? If so, generally describe. None, not applicable b. Generally describe any landmarks or evidence ofhistoric, archaeological, scientific, or cultural importance known to be on or next to the site. None, not applicable c. Proposed measures to reduce or control impacts, if any: None not applicable 14. Transportation a. Identify public streets and h.igltways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Not applicable b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No, not applicable c. How many parking spaces would the completed project have? How many would the project eliminate? None, not applicable d. Will the proposal require any new roads or streets, or imp rove meiits to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No, not applicable. TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transporta- tion? If so, generally describe. No, not applicable f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None, not applicable g. Proposed measures to reduce or control transportation impacts, if any: None, not applicable 15. Public services a. Would the project result in an increased need for public services (for example: fire pro- tection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None, no impact 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse serv- ice, telephone, sanitary sewer, septic system, other. None, not applicable b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None, not applicable C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on D=n10 make its decision. Signature: ... Date Submitted: ... 10 fi�y srnr� ofi STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 o Olympia, WA 98504-7600 v 360-407-6,000 711 for Washington Relay Service a Persons with a speech disability can call 877-833-6341 May 3, 2012 Mr. Kyle Langan Aquatechnex, LLC PO Box 118 Centralia, WA 98531 RE: Approval of Aquatic Plant and Algae Management General Permit Section S4.C.2 Request to Use Phoslock in Lake Lorene Dear Mr. Langan: The Washington Department of Ecology (Ecology) received your request and use plan for treating Lake Lorene with Phoslock on March 28, 2012 as required by Section S4.C.2 of the Aquatic Plant and Algae Management General Permit (permit). Ecology has reviewed your plan and determined it is acceptable with the following condition: The current turbidity monitoring schedule must be continued until the water clarity at Lake Lorene is back to pre-Phoslock application levels, whether this is shorter or longer than the proposed 7-day monitoring period. Ecology looks forward to reviewing the results of the planned monitoring. If you have questions about this letter, please contact Jon Jennings at (360) 407-6283 or at jonathan Jennings@ecy.wa.gov. Sincerely, 2-9 Bill Moore, P.E. Program Development Services Section Manager Water Quality Program cc. Jon Jennings PDS, Water Quality ►ate ' + 5 -� 'r Stj 4,16 " I OkGsle earth SEA ao Pilot Application of Phoslock® in Lake Lorene, WA—AquaTechnex, 2012 .- _- ------ -- - -- A OVERVIEW Lake Lorene is a 8.2 surface acre water body in King County near the city of Federal Way, WA. The lake is located within the Joe's Creek watershed, with Joe's Creek as the primary inlet to the lake. A number of storm drains also enter the lake and the outlet is also Joe's Creek. The average depth of the lake is 5 feet, with a maximum depth of 12 feet, and a total water volume of approximately 40.1 acre feet. Lorene's primary beneficial uses are wildlife habitat, fishing, boating, aesthetics and a scenic focal point for members of the homeowners association. The lake is entirely surrounded by the Twin Lakes Community. Lake Lorene's shoreline is mainly developed residential with a community park called Treasure Island near the south east corner. The park has a restroom, picnic tables, pedestrian trail, play equipment, and swimming and fishing access points. ASSESSMENT AquaTechnex, LLC has completed water quality and aquatic plant maintenance activities on the lake for more than ten years. Management practices include periodic assessment of water quality conditions and reactive algaecide treatments as needed. The assessment associated with the project is based on review of; historic water quality data, patterning of seasonal data variation; laboratory analysis of lake sediments; and history of water quality issues as provided by the Twin Lake homeowners and management. Complaints voiced regarding the lake include; poor appearance, green color, surface algae blooms (cyanobacteria), foul odor, concerns with water impacts to fishery and overall low aesthetic quality. AquaTechnex, Twin Lake HOAs and City of Federal Way personnel have reported an increase in blue green algal (cyanobacteria) density in recent years and a decline in water quality progressively over the years. This has resulted in a lake imbalance with a decline in fish habitat, and subsequent decline in the fishery that once thrived in the lake. Overall, the general consensus is that the poor water quality is not optimal and is impacting the overall health of the lake. The primary concern here is the hyper-eutrophic status (excessive phosphorus) of Lake Lorene and the potential for health impacts (cyano toxins) and death of fish and wildlife if cyanobacteria blooms continue to persist in the Lake. Laboratory analysis of samples collected by City of Federal Way personnel from Lake Lorene have historically documented (1,020 ug/L on 9/21/09 and 2,160 ug/L on 8/12/09) microcysin levels well above both the drinking water and recreational risk levels (Washington State Recreational Guidance for Mycrocystins and Anatoxin-a, 2008). Most recent sampling completed on December 1, 2011 documented the total phosphorous concentration in the water at 62 ppb, and an average of 925 mg/kg total phosphorous in the sediment. Phosphorus and annual internal cycling is the primary factor driving poor water quality conditions in Lake Lorene. Pilot Application of Phoslock® in Lake Lorene, WA—AquaTechnex, 2012 PRESCRIPTION AquaTechnex, LLC biologists along with Twin Lake Home Owners concluded the excessive phosphorus concentrations in Lake Lorene need to be addressed in order to improve water quality. The project objectives to mitigate the hyper-eutrophic conditions in Lake Lorene are twofold; 1) bind and inactivate the free reactive phosphorus in the water column and 2) break the internal phosphorus cycling via inactivation of the available phosphorus in the sediments. The recommended in -situ approach for Lorene is the pilot application of the phosphorus locking technology Phoslock. Phoslock Overview Phoslock is a lanthanum -modified bentonite clay technology which has the capability of rapidly removing free reactive (i.e. ortho or soluble) phosphorus as it moves through a water body (Figure 1). As the unbound Phoslock settles on the bottom of the water body, it integrates with the water body r I sediments and forms a thin (< 2 mm) t ' and permeable clay layer (Figure 2). Phoslock works by binding free Figure 2. Sediment core, with Phoslock capping layer (barrier). reactive phosphorus in the sediment 1 L ■ Phy*,u 1minq PhUSYltlh^ bwMMR.Wk"n Phcelock coMkK*s :. aiN...* ►ck robird FHP rele&x from sodkrMT 6 pore water and reduces the release Figure 1 Illustration of Phoslock binding following application. of phosphorus back into the water column. Phosphorus that is bound to Phoslock is permanently inactivated as the naturally occurring mineral (rhabdophane) and is therefore no longer bio-available. No negative impacts to water quality and aquatic organisms have been documented in laboratory and field operations during and after application at typical application rates in reservoirs. Phoslock application rates in ponds, lake and reservoirs are typically less than 150 ppm, with project specific dosing based on the amount of phosphorus (pounds) targeted for inactivation. In order to develop a Phoslock prescription and associated application rates, water and sediment samples were collected and analyzed for total and free reactive phosphorous. Based on our assessment of this site and analysis of samples collected from Lake Lorene in Dec 2011, our initial target for inactivation is approximately 160 pounds of phosphorous, with a split application program occurring in 2012 and 2013. A Phoslock application rate of 40-80 ppm range is proposed for the 2012 and 2013 applications. Prior to the projected application dates (May 2012 and April 2013), additional water samples will be collected and analyzed in order to finalize the application rate. IMPLEMENTATION The application team will follow the project plan, product label, MSDS, any Washington Department of Ecology Figure 3. Phoslock slurry application. Pilot Application of Phoslock® in Lake Lorene, WA—AquaTechnex, 2012 ` guidelines and any other applicable state and federal laws associated with implementation of this project. Application Phoslock granules will be staged at a designated staging area on shore and loaded into an application boat. Phoslock granules are mixed into slurry in collection tank in the boat, and broadcast evenly across the water's surface at a specific volume per acre (Figure 3). The application boat will be equipped with a Global _n -, Position System guidance system in order to regulate "aaapplication rate and to insure even application across the r� lake. As the slurry settles through the water column, it binds and inactivates free reactive phosphorous. The bound phosphorus settles to the bottom as a stable mineral (LaPO4) and integrates with the lake sediments. The unbound Phoslock settles to the lake bottom and acts Figurc 4. Phoslock slurry in water column following as a barrier to internal loading from the sediment (Figure application. 2) and also binds free reactive phosphorus that settles to the lake bottom. Budget constraints require this project to be split and take place over a two year period. In addition, the Phoslock application in year two will also inactive FRP that is in the water column as a result of new external inputs. The initial application is projected to be completed in one to two days targeting 60% of the target phosphorus load, and is tentatively planned for May 2012. The second phase of this project is project to be completed in one to two days targeting remaining 40% of internal phosphorus load and is tentatively planned for April 2013. Once applied, the Phoslock slurry gives the appearance of suspended sediment turbidity (like a moderate rain event). This is to be expected short term, as the modified bentonite clay carrier for the Phoslock slowly settles through the water column (Figure 5). The lake will have a cloudy or dull appearance for approximately 4-8 hours, with no visible turbidity and a return to normal water transparency in less than 24 hours (Figure 5). Phoslock does not strip suspended solids or algae cells from the water column, thus the post application water quality effects are not immediately visually apparent. Water quality monitoring post application will help to document the immediate and sustained free reactive phosphorus reduction and subsequent improvements to water quality. With the Phoslock integrated in the top layer of the bottom sediments, the internal phosphorus cycling has been stopped and the Phoslock will continue to bind the free reactive phosphorus released from the sediment and any that settles on the Phoslock layer until binding sites are no longer available. Ongoing Assessment Program Prior to the application, 2012 baseline data will be collected from the sediment, water column, and the inflow source. Following the Phoslock application, samples will be collected and analyzed for a specific list of constituents (Figure 6). One up -stream, two in -lake monitoring stations will be established for this project (Appendix A). Following the 120 day pilot period, additional routine lake l inspections monthly through 2012. Figure I. series orpianire, orrFigure 5_siment mrasurinp Piipsiock sell liag (high rate 200 PPm) in cylinders at immediatelypost, 2, 4,.=A 2J hours after nearmcni Pilot Application of Phoslock® in Lake Lorene, WA—AquaTechnex, 2012 Based on the assessment of lake data from 2012, a monitoring program for 2013 would be outlined for Twin Lakes HOA with the recommendation to periodically monitor the water quality, health of the lake and provide adaptive management recommendations to sustain at a minimum mesotrophic conditions. Water quality objectives in 2013-2014 would ideally include sustaining the following annual means or lower; total phosphorus < 50 ug/L, chlorophyll a < 20 ug/L and cyanobacteria levels of < 20,000 cells/in the lake. The 2013 Phoslock application would be conducted to target the additional available phosphorus in the sediments and bind new phosphorus that was externally loaded into the system in 2012-13. The continued assessment of lake conditions, Twin Lake HOA lake management objectives, budget and available lake management solutions will dictate when and if subsequent Phoslock applications would be proposed for Lake Lorene in the future. Figure 6. 2012 Phoslock Monitoring Protocol for Lake Lorene Paromclar Pre- Application 1 Day Post 7 Days Post 30 Days Post 60 Days Post 911 D.=ys Post 120 flays Post Field AAater Meaxuremenl pH X X Y. X X X X Dissolved Oxygen X X X X X X X TeffPff8Wrt X X X X X X X Secchi X X X X X Laboratory Analysis Akalin ly X X X X X X. x Total Ntrogen X X X X X X X RWFOe fivePhoaphorus X X X X X X X Told X X X X X X X Totat Suspended Solids X X } Tubift X X X Algae ID & Cell count ?: X X X X X X Free Lanthanum X X X X X X AquaTechnex, LLC will consult with SePRO Corporation prior to finalizing and implementing the application and monitoring protocols for this project (see Appendix B). Prior to proceeding with a Phoslock application, AquaTechnex, LLC will consult with WADOE to review the proposed project activities and secure final authorization prior to proceeding with the Phoslock application. The final application and monitoring results will be compiled into a report and presented to WADOE by December 315L, 2012. y� T� ��?� � r•�• �f ,�. .Y, - w.R �� .y'` •4 •�, qq "f ,p • 9� x { O. LL-2 Y«� .•el Q LL-1 o LL-UP' A. i L kz zaos[r earth Pilot Application of Phoslock® in Lake Lorene, WA—AquaTechnex, 2012 x_ APPENDIX B Recommended Standard Operation Procedures for the Pilot Application of Phoslock" in Lake Lorene, WA March 2012 Developed By SePRO Corporation, Carmel, IN O OVERVIEW SePRO Corporation is the business, development and technical representative for Phoslock phosphorus locking technology in the United States. To ensure the application of Phoslock to Lake Lorene achieves the phosphorus reduction objective of this project, SePRO recommends Twin Lake HOA and AquaTechnex, LLC (the contracted lake management and professional applicator company) implement the following Phoslock Technology and Stewardship Services (Phoslock TSS) protocol. SePRO has developed a three phased Phoslock TSS operating procedure related to the application of Phoslock in Lake Lorene --1) Assessment, 2) Prescription and 3) Implementation. ASSESSMENT In order to determine whether Lake Lorene can be successfully treated with Phoslock, it is first necessary to review and document information about the water body and its water quality parameters. Information to be outlined in the assessment phase include 1) lake conditions overview -to include usage of the water body, size, depth, inflow and outflow, accessibility, storage capacity; 2) water quality problem description; 3) lake management objective; 4) assessment of existing lake conditions; and 4) assessment of water quality and bottom sediment conditions to determine site specific application rates. PRESCRIPTION Following completion of the assessment phase, AquaTechnex, LLC will complete a project plan outlining the details of the Phoslock application including a project work plan, application timing and rates, and application map of the lake. The work plan should also include discussion of the monitoring program to document existing water and sediment conditions and pre-treatment and post treatment water quality conditions associated with the application of Phoslock. Pilot Application of Phoslock® in Lake Lorene, WA—AquaTechnex, 2012 l IMPLEMENTATION Prior to proceeding with a Phoslock application, it is recommended that AquaTechnex, LLC meet with WADOE to review the proposed project activities and understand what, if any, approvals are required prior to the application. To ensure that the product is applied correctly, the application of the product will only be conducted by AquaTechnex, LLC, a SePRO Corporation approved and trained Phoslock applicator, using approved application equipment and GPS guided application boat(s). The application team must follow the project plan, product label, MSDS, any WADOE guidelines and any other applicable state and federal laws associated with implementation of this project. AquaTechnex, LLC will consult with SePRO Corporation prior to finalizing and implementing the application and monitoring protocols for this project. Upon completion of the application and monitoring program, AquaTechnex, LLC will provide a summary report to WADOE by December 31, 2012. 71 ADAFRA JL iA koogleearth Lake Lorene Phoslock® Application Review and Results — AquaTechnex, 2012 OVERVIEW Lake Lorene is a 8.2 surface acre water body in King County near the city of Federal Way, WA. The lake is located within the Joe's Creek watershed, with Joe's Creek as the primary inlet to the lake. A number of storm drains also enter the lake and the outlet is also Joe's Creek. The average depth of the lake is 5 feet, with a maximum depth of 12 feet, and a total water volume of approximately 40.1 acre feet. Lorene's primary beneficial uses are wildlife habitat, fishing, boating, aesthetics and a scenic focal point for members of the homeowners association. The lake is entirely surrounded by the Twin Lakes Community. Lake Lorene's shoreline is mainly developed residential with a community park called Treasure Island near the south east corner. The park has a restroom, picnic tables, pedestrian trail, play equipment, and swimming and fishing access points. ASSESSMENT AquaTechnex, LLC has completed water quality and aquatic plant maintenance activities at Lake Lorene for more than ten years. Management practices include periodic assessment of water quality conditions and reactive algaecide treatments as needed. An aeration system was also installed some years ago. The assessment associated with the project is based on review of; historic water quality data, patterning of seasonal data variation; laboratory analysis of lake sediments; and history of water quality issues as provided by the Twin Lake homeowners, Washington Department of Ecology and Lake Managers. Complaints voiced regarding the lake include; poor appearance, green color, surface algae blooms (cyanobacteria), foul odor, concerns with water impacts to fishery and overall low aesthetic quality. AquaTechnex, Twin Lake Homeowners Association and City of Federal Way personnel have reported an increase in blue green algal (cyanobacteria) density in recent years and a decline in water quality progressively over the years. Overall, the general consensus is that the poor water quality is not optimal and is impacting the overall health of the lake. The primary concern here is the hyper-eutrophic status (excessive phosphorus) of Lake Lorene and the potential for health impacts (cyano toxins) and death of fish and wildlife if cyanobacteria blooms continue to persist in the Lake. Laboratory analysis of samples collected by City of Federal Way personnel from Lake Lorene have historically documented (1,020 ug/L on 9/21/09 and 2,160 ug/L on 8/12/09) microcysin levels well above both the drinking water and recreational risk levels (Washington State Recreational Guidance for Mycrocystins and Anatoxin-a, 2008). Date Dominant Algae Toxin Type Toxin Levels (ug/L) 8/12/2009 Microcystis spp. Microcystin 2160 9/21/2009 Microcystis spp. 1 Microcystin 1020 10/8/2009 Microcystis spp. I Microcystin 324 11/20/2009 Microcystis spp. Microcystin 0.432 8/15/2011 Microcystis spp. Microcystin 0.556 9/13/2011 Microcystis spp. Microcystin 1.12 9/21/2011 Microcystis spp. Microcystin 0.966 9/28/2011 Microcystis spp. I Microcystin 0.062 Figure 1. Lake Lorene Cyano toxin data, source WADOE. Lake Lorene Phoslock® Application Review and Results — AquaTechnex, 2012 PRESCRIPTION AquaTechnex, LLC biologists along with Twin Lake HOA concluded the excessive phosphorus concentrations in Lake Lorene needed to be addressed in order to improve water quality. The project objectives to mitigate the hyper-eutrophic conditions in Lake Lorene were twofold; 1) bind and inactivate the free reactive phosphorus in the water column and 2) break the internal phosphorus cycling via inactivation of available phosphorus in the sediments. The recommended in -situ approach for Lorene was the pilot application of the phosphorus locking technology Phoslock. Phoslock Overview Phoslock is a lanthanum -modified bentonite clay technology which has the capability of rapidly removing free reactive (i.e. ortho or soluble) phosphorus as it moves through a water body (Figure -•: I 2). As the unbound Phoslock settles on the bottom of the water body, it integrates with the water }" body sediments and forms a thin (< 2 mm) and permeable clay layer (Figure 3). Phoslock works by ■ • f nvsbc> n o�` Ptw*d N% ■ cart a.e�. w .ti« to bind F--RrP release. 15.00 A 0 �secrrrkrrrt5 binding free reactive phosphorus Figure 2. Illustration of Phoslock binding following application. in the sediment pore water and rri reduces the release of phosphorus back into the water column. Phosphorus that is bound to Phoslock is permanently inactivated as the naturally occurring mineral Figure 3. Sediment (rhabdophane) and is therefore no longer bio-available. No negative impacts to water core, with Phoslock quality and aquatic organisms have been documented in laboratory and field operations capping layer (barrier). during and after application at typical application rates in reservoirs. In order to develop a Phoslock prescription and associated application rates, water and sediment samples were collected and analyzed for total and free reactive phosphorous. Analysis of sampling completed on December 1, 2011 documented total phosphorus concentration in water at 62 ppb and an average of 925 mg/kg total phosphorus in the sediments. Calculated from sampling results, our initial target for inactivation was approximately 160 pounds of phosphorous, with a split application program occurring in 2012 and 2013. IMPLEMENTATION The application team followed the project plan, product label, MSDS, Washington Department of Ecology guidelines and any other applicable state and federal laws associated with implementation of this project. Application On June 11, 2012, Phoslock granules were delivered to the designated staging area on shore and periodically loaded onto an application boat. Phoslock granules were mixed into a slurry tank in the Lake Lorene Phoslock® Application Review and Results — AquaTechnex, 2012 boat, and injected evenly across the water's surface at a specific volume per acre (Figure 4). The application boat was equipped with a Global Position System (GPS) enable guidance system to assure even application across the lake. As the slurry settled through the water column, it bound and inactivated free reactive phosphorous. The bound phosphorus settled at the lake bottom as a stable mineral (LaPO4) and integrated with the lake sediments. The unbound Phoslock settled to the lake bottom and will continue to inactivate free reactive phosphorus (FRP) released from the sediments. Budget constraints Figure 4. Phoslock slurry application. required this project to be split over a two year period. In addition, the Phoslock application in year two will also inactive FRP that is in the water column as a result of external inputs. The initial application targeted 60% of the available phosphorus load. The second phase of this project, planned for April 2013, will be completed in one day and target remaining 40% of the internal phosphorus load. Once applied, the Phoslock slurry gave the appearance of suspended sediment (like a moderate rain event). Short-term change in water clarity is typical following a Phoslock application, as the modified bentonite clay carrier for the Phoslock settles through the water column (Figure 5). The lake held a cloudy or dull appearance for approximately 8 hours, with no visible turbidity and a return to normal water transparency in less than 48 hours. Figure 5 SeriesPiclurcsof prior uxperiuneul measuring Phoslock satliug (high we200 ppm) in cyllndersat immcd:atclypoX 2, 4, and24 hours afscr lreal mcm. Phoslock does not strip suspended solids or algae cells from the water column like an Alum treatment, thus water clarity improvements were not visually apparent immediately following application. Assessment Program Three in -lake monitoring stations were established for this project (Appendix A) to assess water quality conditions prior to and following the application of Phoslock. Following the Phoslock application, samples were collected and analyzed for a specific list of water quality constituents 1, 7, 30, 90, and 120 days after treatment (DAT) (Figure 6). Lake Lorene Phoslock® Application Review and Results - AquaTechnex, 2012_RT c, _.r i.,.o.,o,)m7%AIntorrn,artunntn Sampling Date pH Disolved Oxygen (ppm) Temp M) Se i (meter] Alkalinity (mg/L as CaCo3j TKN (mg/L) Free Reactive Phosphorus (ug/L) Total P (ug/L) T5S (mg/L) 'Turbidity (NTU) ID of algae and enumeration �Ce Lanthanum (nWL) Pre-treatmen 8.1 12.16 19.1 2.7 71.3 <0.10 29.3 48.83 0.01 1.56 Complete <0.01 1 DAT 8.2 11.36 19.1 0.2 61.3 0.69 17.3 38.8 1 0.01 3.4 1 Complete 0.32 7 DAT 8.2 11.3 19.6 0.8 67.8 0.28 22A 32.3 ND 2.14 Complete 0.15 30 DAT 8.3 11.16 22.4 2.7 90.9 0.33 9.3 27.5 ND 0.5 Complete <0.01 60 DAT 8tI 22.5 1.5 88.23 1.28 16.6 34.8 2.82 2.9 Complete <0.01 90 DAT a.55 18.4 2.6 100.27 0.56 22.13 28.1 1.15 0.72 Complete NA 120 DAT 83 10.9 2.5 85.83 0.74 13.87 29.1 2.99 0.81 Complete NA * NA = not analyzed, as levels dropped below analytical limit or quantization. Results One week following Phoslock application there was a 34% decrease in the concentration of TP from 48.8 µg/L to 32.3 µg/L (Figure 6). There was a slight increase in the Filterable Reactive Phosphorus (FRP) concentration one week post application of Phoslock'. This increase was most likely due to the algae cells releasing FRP and sediment disruption from the boat's propeller. FRP concentration dropped from a high of 29.3 µg/L Pre-treatment to 22.4 µg/L 7 DAT and to less than 9.3 µg/L 30 DAT. The reduction of in Lake Lorene, WA water phosphorus Phosphorus Summary concentrations in Lake Lorene 60.0 - demonstrated the 50.0 ability of Phoslock 40.0 to initially 30.0 -i-TP inactivate FRP in 20.0 - - - - FRP the water column, 10.0 immediately bind 0.0 available 11-Jun 11-Jul 11-Aug 11-Sep 11-Oct phosphorus in the Figure 7. Phosphorus Reduction Summary sediments and break the cycling of FRP from the sediments throughout the year (Figure 7). Lake Lorene, WA Algae Assemblage Summary 100•0 80% - - 60% - - t7iatoms/ 40% . - - -- other Green Algae 20% - - 0% - J�e y1>J� Figure 8. Algae Assemblage Summary Over the course of 30 days following the start of this project, there was a algae assemblage shift from a community comprised of 38% cyanobacteria to a community dominated by 100% beneficial green algae and diatoms (Figure 8). Good water quality was sustained throughout the year in Lake Lorene, with no measurable levels of cyanobacteria 30 DAT Lake Lorene Phoslock® Application Review and Results — AquaTechnex, 2012 _ j and favorable density and assemblage of green algae and diatoms (i.e. no algaecide applications necessary in 2012). As for other beneficial water quality parameters, pH and D.O. remained stable during and after application. Outside of the short-term turbidity spike following the Phoslock application, good water clarity was observed with secchi depth readings to or near the bottom throughout the season (Figure 6). There was no observed stress or impact to aquatic organisms and wildlife during this project. Conclusion The application of Phoslock was very effective at inactivating the excessive FRP in Lake Lorene. Phoslock transformed a phosphorus polluted and cyano toxic laden lake into a healthy and cyanobacteria free system throughout the season. Satellite imagery in figures 9 and 10 below clearly illustrate the improvement of water quality from pre-phoslock to post-phoslock application. Upon approval by WADOE, AquaTechnex, LLC is scheduled to complete the second half of the Phoslock program in April of 2012. Figure 9: Pre-Phoslock August 2011. Figure 10: Post-Phoslock July 2012 •_: M • ..�iY� :� ."� "T�� F ' � r" • yid �_ _ f'i �•_ .�•.'% M1,k is � oa''k:4�' ' � � — Y� . �. �• � ` - .� Lh LL72 ; o LL-UP - i 'oos[e.earth �.,.y„-•.: �s- yl K4', -1� .. =`gip^t1.15Z x7i:isn• M11 � - &r��a ., Sll'�Y..& iiiiiia The Aquatic Plant and Algae Management General Permit Discharge Management Plan (DMP)l for Permittees with DEPARTMENT OF Continuing Coverage (Treatments of Five or more Acres) ECOLOGY State of Washfngton Permit Number: WAG 994199 ® New DNT ❑ 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.- 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,Tederal Way, WA 98023. (253) . II. WATER BODY INFORMATION 1. Water body name: Lake Lorene See www.ecy.wa-&Qv/prog[ams/epip/lakes/A/iiidex.html for lake information and maps. 2. Location of the water body (latitude -longitude): 47°18'42"N,122023'14"W 3. County and WRIA where the water body is located: King County, WRIA 10 WRIA maps www.ecy.wa-gov/services/"gis/glaps/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 Waslungton Lakes including bathymetry. See www.eV.wa.gov/progiams/`eap/wsb/wsb Lakes.htrnl 1 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. ' 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/Permittee can attach a map with approximate water depths for the treatment areas. ECY 070-380b (2/2011) 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: 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/wg13Q3d/index.hbnl 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, fiagrant 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.ecv.wa. &ovJ progLams ea -lakes aqua tic/ants index.hbnl#arunilalsurve Ecology's freshwater plant identification manual www.ecv.wa. ov ro a-ams w laiits/plantid2/index.htmI 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 h2g://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: Acordung 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.diu.wa.gov/i-ilirefdesk lants.Intml or contact Ecology's pen -nit 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 -,A,wwl.diir.wa.gov/rLlil2/refdesk/comnitu-Lities.htid 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.e .wa. ov ro rams Mesticides final pesticidepermits/ aquatic /ants ermitdocs rectreatwind090110.12 ECY 070-380b (2/2011) 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 tl-us 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/coiiservationll?hs/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. h wa.audubon.or 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 likelyy tansitory or migratory in nature. Bald Eagles and other birds of prey may be using the area for .hunling/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/consei-vation/phs/list/ See also WDFW species timing windows www,ecy.wa.gol_progranisZwq/ pesticides/fitnal_pesticide_permits/aquatic_ plants /peimitdocs / rectreatwind090110. pdf 18. Are there any salmon hatcheries that could be affected by a chemical treatment? No. htW: / /wdfw.wa.gov/ lia.tcheries / overview.htnnl 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 htta.//access.wa.gov/`_goveriunent/local.aspx 4 Major land uses include rural, residential, agricultural, etc. ECY 070-380b (2/2011) 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.ec .wa.�ov ro 'anis wrr'i hts water-ri lit-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. III. PROBLEM DESCRIPTION AND STATEMENT 1. Describe the plant species, plant types (emergent, submersed, etc.), locations, and density of the problon p1arzts7 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. 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: LORIC01_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/Intei-netDefaultas x 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.cey.wa.goyi,progi-ains/w_qi lants/mona ement/manualliiidex.htm] 7 See Section 2, Question 8 above for web information sources. ECY 070-380b (212011) 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 entanglementhazard and can hinder any life-saving efforts. Lakes and Algae Management www.egy.wa.govIprogKams/wgZplants jalgae 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: M Ecology's survey methods for aquatic plant mapping hvww. ecy. wa. gov / program s / w!�Zpl ants / management/ s urvey.html 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 wlucz 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 locaion 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) 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 treatinent 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 weed's 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 finis 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 u1 the general permit can be used without causing adverse impacts when the directions and conditions -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 porject 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. 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) www.g pa.gov / oppOaa0l / factslieets / 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.e gy. wa. gov / pro gxam s / wg I plants / management / manu al Z cli.apterll Ji bxd VII. MANAGEMENT ALTERNATIVES Management strategies often involve several methods. Describe wluch 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.a2uatics.org/ Uubs / madsen2.htm www,.gU.wa.gov /proWnisl �yq l plants/ man agemei..it/index.litml www.aquatics.org/bmR,ht-n 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. 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) 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 thus technology. 6. Water level drawdown Is lowering the water level a suitable aquatic plant or algae management method for this water ECY 070-380b (212011) 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) 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 thus 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 (212011) 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. 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. 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 personmel 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, Iabel and environmental requirements. XII. RECORD KEEPING AND REPORTING Refer to permit section SS. 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.. S rgna ofAermift 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. 10 Alternatively, the applicant/Permitice 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. EGY 070-380b (2/2011) 14 w co `, U 5 N C u O N � O O C a) -a cu n4. C a n a, ¢ e C '— C C) C C O N t r C6 (`0 ? CO LC U a C C W A 'O U fb W O ca J rn�v�o -wmu U dUn'fcn;T- � ® 1cnn � vzi I CO r z; JED s �- s A:=�n; luald GV'�r+53BTi66-0C7LLSZG'SII74�'�7'LL`TA POP. F-POMIM d yam.' _ l�i.c: '`.- .•�'� '`�M1 _ .. , • r �, r i ;}.r: :}'1S=` fir. •L�^ _ ...: _ __ r :iaar is - s- r-i qqti �: f. -• .. � =-r• ,ti F 1. �� . � ' : e ,,ii{((�y, f1'[ 1= :+-;': ..�_ . e�. �- a. � - : !. 5 :� � i � •' S � •-! _ ': �• •SIB.. �rl . zi. ?f•�,f 'ice -;- •1; `� y..SA !' t"-:=;.• - . � r i fir• 4. � ti :' r ! ' .y » � F •• CV ! `I =� �:'�. +.�_�� -. ` - - . �• -'R � . • . ' _ £ ,,� x . _ . • teN,�t,. • - :ikK"+ �-_F'- :.�- • + r S , a � r• + - tir+�r� Sri.: �:- --,•. :; mil. _ Y" t f�• e r :. 5 'y`�y-;•:. �=' ,r� �,' �°. r= �_• •e: �.`Rr= t�. '`:�F I��y�- '::...i=r'r:,.."�.. �;;F;fi• "fly: :.,,ti � ;i r. s'ii• �'�: n31•:.�'�--q�•`• � - - - � ;ate ���„�-�r� �5 .. �';: - . • :y�•'.:' Issuance Date: Effective Date: Expiration Date: Modification Date: Modification Effective Date: February 16, 2011 March 18, 2011 March 18, 2016 April 4, 2012 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. Iy 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 S1. PERMIT COVERAGE.................................................................................................................................6 A. Activities Covered Under This Permit ........................ ........ .... F:.............. ...................... :............ .:.....:....... :. .... 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.......................................................................:....o................................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 PlantsAre 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 ............................. :......... :............... ........................................ I ......................... 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: AQUATICPLANT CONTROL PROJECTS.........................................................................................................35 A. Survey Requirements....................................................................................................................................35 B. Mitigation......................................................................................................................................................35 S11. APPENDICES.............................................................................................................................................37 GENERALCONDITIONS .......................................................................................................................................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 GILPAYMENT 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 APPENDIXA - DEFINITIONS...................................................................................... 44 APPENDIXB - 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 EradicationProjects...........................................................................................................— 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 SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General Conditions of this permit for submittal requirements. Table 1. Required permit submittals Permit _ Submittal Frequency Due Date(s) Section S2. Application for New Coverage As necessary At least 60 days prior to the start of discharge Discharge Management Plan (for New applicants: With projects where the total proposed treated Once per NOI; SID. area in the water body is five or more coverage Continuing Permittees: acres) By March 18, 2012 SIG & plant Survey and Mitigation Measures As necessary As necessary S10. Each week or By 8:00 a.m. Monday as necessary of the first week of S5.A. Ecology Pre -and Post -Treatment Notice during the treatment each treatment treatment season season No later than one S5.C. Business and Residential Notice As necessary business day following notification Dissolved Oxygen Data from 303(d) — Within 30 days for the S6.A.2 Listed Water Bodies for Dissolved As necessary post -treatment Oxygen When Using Contact monitoring date Herbicides S8.A Annual Monitoring Report Annually December 31 S8.D_ Noncompliance Notification As necessary As necessary G5. Permit Modification and Revocation As necessary Within 14 days of request G6. Request for Modification As necessary As necessary G13. Request for Transfer of Coverage As necessary As necessary Once per At least 180 days prior G.18. Re -Application for Permit Coverage permit cycle to the permit expiration 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 S1. 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 dccper 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. I 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 S1.A.2.a.ii. 1 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 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 S LA 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 singlc 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: 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:llsecureaccess.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 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. 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 httl3://www.ecy.wa.gov/progams/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 S3.13). The applicant can access the DMP/SEPA Addendum template at h ://www.ec .wa. ov/ ro rams/w / esticidesifinal pesticide permits/aquatic l ants/a uatic plant 12ermit 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 ncwspaper 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 61" 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 Pennittee 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 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 h ://www.ce .wa. ovl ro mslw 1 esticides/final pesticide permitsla uatic 1 antsla uatic 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. 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 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 a floating 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 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 wetland 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: 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 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-l-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-dimethylalkyahnine) 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-isoindole-1,3 (2H)-dione i. Fluridone:l-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-4(1H)-pyridinone j. Glyphosate: N-(phosphonomethyl)glycine, isopropylamine salt k. Imazamox: 2-[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-mefhyleth7yl)-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 3112O2 o. Triclopyr TEA: Triethylamine salt of 3,5,6-trichloro-2-pyiidyloxyacetic acid 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 Adjuvant (Trade Name) Prodadma Agri-DexTM Crop Oil Concentrate AquaSurf m Surfactant Spreader, Sticker, and Deposition BondTM Aid Bronc MaxTM Water Conditioning Agent Water Conditioning Agent, Bronc Plus Dry-EDTTM Surfactant, Deposition Aid, and Anti -foam Agent Water Conditioning Agent and Class Act NGTM Surfactant Modified Vegetable Oil and CompetitorTM Surfactant Cut-RateTM Water Conditioning Agent Surfactant and Modified Vegetable Cygnet PIusTM Oil Modified Vegetable Oil and DestinyHCTM Surfactant Modified Vegetable Oil and Dyne-AmicTM Surfactant Water Conditioning Agent and ExciterTM Surfactant FractionTM Water Conditioning Agent Deposition Aid and Drift Control InterlockTM Agent KineticTM Surfactant Surfactant, Water Conditioning Level 7TM Agent, and Acidifier Surfactant, Acidifier, Deposition LI-70OTM Aid, and Drift Control Agent Surfactant, Deposition Aid, and LiberateTM Drift Control Agent Water Conditioning Agent and MagnifyTM Surfactant Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 17 Adjuvant 0'rade Kame) Product 0 One-Ap XLTM Water Conditioning Agent, 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 TacticTM 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 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.l.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 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. 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/Rrograms/wg1 esticides/finai Resticide ermitsla uatic 1 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. 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NOTIFICATION, INSPECTION, AND POSTING REQUIREMENTS A. Ecology Notification Requirements 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 Central Regional Office, Yakima (509) 457-7107 Eastern Regional Office, Spokane (509) 329-3610 Northwest Regional Office, Bellevue (425). 649-7000 Southwest Regional Office, Lacey (360) 690-4796 Ecology Headquarters, Lacey (360) 407-6283 2. Adverse incidents or spills Email Charhe.McKinn ec ma. ov Jereiny. Ryfe,ecy.wa. god+ Tricia.Shoblom@ecy.wa.gov Rod.Th sell ec .wa. ov Jonathan.Jennin r e .wa. ov 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 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.Ralaer(@dnr.wa.gav) 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 feel 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. 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 % 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 % 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 % by 11 inch signs at approximately 100 foot intervals along the pathway along any treated areas and within 400 feet of any treated areas. 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 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 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 STC. or STD. 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/pro grams/wq/plants/management/j oysmanual/index. html. D. Analyses conducted using enzyme linked immunosorbent assay (ELISA) methods may substitute for the requirements in STA. 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. 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. 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. 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 htW://www.ecy.wa.gov/progrrramslspiIIs/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. 510. 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). 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 trcatmcnt 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 in. 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. DISCIIARGE 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: 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. I 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(13) 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 (AKAR7): 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: Mari -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 defmition. 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 oflntent (NOI): 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 E LL .E w C N L 0 CL Q U � c o ^a) m m E 1 U `U = o 0 0.0 V m a 0 aZ c O O = t C �a E � av w U. CL 3: d *� '00 H O O = O E O � �L d � O d �+ L1 M c H a �d O 3 L �a N O �E � N O a v a L 3 3 c O = d c A as tr c 3 O V V O o c i IN c 0 C. a7 O E 2 is 0 V a i E cc L O .Y d a) ++ c O d � L O H 'a y O O =O E 'Q a am:.m V N � u d a� a, I _ O O H a V a y � � �E u 3 O V Z 0 L a c O V O O c O d 3 c 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 tr eatrnent(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 '/ mile from each treatment site. Check the product label to ensure that treatment does not impact potable water users more than I/ 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 Becky Chapin From: McGraner, Patrick (ECY) <patrick.mcgraner@ecy.wa.gov> Sent: Monday, July 15, 2013 10:50 AM To: maynard55@gmail.com Cc: Isaac Conlen; Rebecca Chapin Subject: RE: Lake Lorene, Federal Way, King County Dear Mr. Darcey, Thank you for contacting the Department of Ecology with your questions and concerns. Our state is what is referred to as a Home Rule state, meaning that the local jurisdiction is the primary regulatory body with regards to land -use decisions and regulations. Broadly speaking however, both the state and federal government may have some jurisdiction depending upon the action or activity that is being proposed. The State of Washington has a very broad law for water protection called the State Water Pollution Control Act (Chapter 90.48 RCW) which was originally passed in 1945. The federal government passed the Clean Water Act (CWA) in 1972. In the matter discussed in your e-mail below, the regulations of the City of Federal Way are the first level of laws that need to be considered. Aquatic bed vegetation (plants rooted in water to depths of 2 meters or less) are classified as wetlands and as such are subject to regulation by the city per their critical areas ordinance (CAO). The requirement for the city to adopt a CAO is related to the passage of the Growth Management Act (GMA) by the state legislature in 1990. Aquatech is presumably an approved state licensed company that is fully aware of how to manage aquatic vegetation consistent with state and federal laws with regards to the application of chemical herbicides. However, it is also true that the city may well require permits, reviews and special studies prior to the application of herbicides or even hand removal of aquatic bed vegetation on all water bodies within its jurisdiction. You need to contact the city and make any applications that are required by local (city) code. The city may have special provisions that allow for the removal of non-native invasive species such as yellow -flag iris or for removal of aquatic vegetation that may be considered a threat to swimmers. Please check with the City of Federal Way with regards to future actions as described below. Sincerely, Patrick McGraner Wetlands Specialist Department of Ecology/NWRO 3190 160th Ave SE Bellevue, WA 98008 425-649-4447 patrick.mcgraner@ecy.wa.gov From: Stockdale, Erik (ECY) Sent: Monday, July 15, 2013 7:12 AM To: McGraner, Patrick (ECY) Subject: Fwd: Lake Lorene, Federal Way, King County Pls follow up. Thanks, Erik Erik Stockdale via mobile Begin forwarded message: From: "Gary Darcey" <ma nard55 mail.com> To: "Stockdale, Erik (ECY)" <EST046I ECY.WA.GOV> Subject: Lake Lorene, Federal Way, King County Mr Stockdale I'm assuming you are the right person to discuss this issue, if not... please point me in the right directon I'm on the Board of Directors on the Twin Lakes Home Owners Association (TLHOA) and a lake side resident of Lake Lorene in Federal Way. If you are not aware, Lake Lorene is a private lake, owned by the HOA. I moved to this TLHOA home in 2008, prior I lived in Silverdale. When I moved in, the lake was beautiful but short lived. Within 2 months, very ugly due to Algae and submerged weed growth. I started complaining to the HOA and before you knew it, I was on the board and responsible to "fix" the lake. In the 3 years since I started my campaign, the HOA has spent at least $60K on corrective action to restore the lake to once beautiful condition. This year was the final installment of Phoslock, so far the results have been spectacular. Since I now have water clarity where I want it, my next campaign is to rid the lake of all of the Yellow Flag Irises (noxious weed) and a reasonable amount of the cat tails. I have a couple of homeowners that are covered with these plants, please see the pictures. These are just examples, I can send more. Reason for the email is more frustration than anything else. I may sound a little confused and that would be true. I don't want the growth of these plants to get so far out of control that the lake loses it's "lake" appearance. I also have homeowners that want these weeds removed so they can once again enjoy having a waterfront home with waterfront. The HOA has an aquatic consultant, Aquatech. It is my understanding, all necessary permits are in order to maintain the lake. I sent a letter to all lakefront homeowners stating my goals to rid the waterfront of all irises and a reasonable amount of cat tails. One of the homeowners wrote a letter (attached) and placed on everyone's door knob. I contacted the City of Federal Way for help. I got a bunch of "lawyer -speak", which left us all confused. The stated all 40 homes were located in the wetlands buffer and could not remove any vegetation... Could this possibly be true? This is what I got from the city... The City's critical area regulations, which generally do not allow vegetation removal in a wetland/buffer, are applicable regardless of HOA covenants and rules. The HOA cannot outright require the homeowner to remove the vegetation. The only way the city could allow removal of the vegetation is if we find that such removal would either be beneficial or not harmful to the wetland and lake (or if we find the vegetation to be hazardous, but I didn't hear that as the reason for the request). In order to evaluate such a request, we would need a report prepared by a qualified wetland biologist identifying the effect of the vegetation removal and maintenance plan. The City may decide to send the submitted report, at applicant expense, to a third party for their review and comments. If you have any questions or you'd like to set up a meeting please let me know. So... we are required to allow our lake to turn into a swamp? We have to allow cat tails to over run our waterfronts? Not sure I understand the hierarchy, the city is the final vote? Sorry this is scatter brain... I really need to meet with a reasonable person and explain my issue gary darcey 253-225-1230 I� -. 0= R STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47660 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service Y Persons with a speech disability can call 877-833-6341 May 3, 2011 Mr. Kyle Langan Aquatechnex LLC PO Box 118 Centralia, WA 98531 RE: Coverage under the Aquatic Plant and Algae Management General Permit Permit Number: WAG994199 Lake Name: Lake Lorene Location: King County Dear Mr. Langan: The Department of Ecology (Ecology) received your application for coverage under the Aquatic Plant and Algae Management General NPDES Permit (permit) on January 3, 2011. Ecology is issuing you permit coverage -beginning on May 3, 2011. Retain this letter with your permit. It is part of the official record of permit coverage for your operations. Please read the permit carefully, a copy is included with this letter. As a Permittee, you are legally obligated to comply with its terms and conditions. Please refer to the permit number above when contacting Ecology _Treatment Timing Windows Ecology conditions each permit coverage to mitigate impacts to salmon, steelhead, dolly varden/bull trout and Washington Department of Fish and Wildlife priority habitats and species using Treatment Windows. The Treatment Window dates are inclusive. For this permit coverage, your required Timing Window is: Timing Window: 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. For reference, the complete set of Treatment Windows may be accessed here: http://www.ecy.wa.gov/programs/wq/pesticides/ final_pesticide_permits/aquatic_plants/permitdocs/wdfwtiming.pdf. 0 Kyle Langan May 3, 2011 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. The state fiscal year begins each year on July 1, and ends on June 30 the following year. 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 at Beverly.Poston@ecy.wa.gov. Appeal You or a third party have a right to appeal this permit coverage to the Pollution Control Hearing Board (PCHB) within 30 days of the date of receipt of this letter. This appeal is limited to the general permit's applicability or non -applicability to a individual discharger (WAC 173-226- 190(2)). 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 43.21B RCW and chapter 371-08 WAC. Address and Location Information: Street Addresses: Department of Ecology Attn: Appeals Processing Desk 300 Desmond Drive SE Lacey, WA 98503 Pollution Control Hearings Board (PCHB) 1111 Israel Road SW, Suite 301 Tumwater, WA 98501 Mailing Addresses: Department of Ecology Attn: Appeals Processing Desk PO Box 47608 Olympia, WA 98504-7608 Pollution Control Hearings Board PO Box 40903 Olympia, WA 98504-0903 E fKyle Langan May 3, 2011 Page 3 Ecology Technical Assistance If, after reviewing your permit, you have questions or need more information about permit requirements, please contact Jon Jennings at (360) 407-6283 or jonathan jennings@ecy.wa.gov. Sincerel , - all Bill Moore, P.E. Program Development Services Section Manager Water Quality Program cc: Bev Poston, WQP, FMS Jon Jennings, WQP, PDS 1 DETERMINATION OF SIGNIFICANCE AND ADOPTION OF EXISTING ENVI[RONIVIENTAL DOCUMENT Description of current proposal: Control of aquatic nuisance and noxious weeds (Potamogeton spp., Elodea canadensis, Ceratophyllum demersum, Algae spp., Typha, Iris, and Nymphaea spp.) with herbicides in Lake Lorene in King County, near the City of Federal Way. Proponent: Kyle Langan of Aquatechnex LLC and local sponsor Twin Lakes HOA. Location of current proposal: Lake Lorene in King County near the City of Federal Way. Title of document being adopted: Final Supplemental Environmental Impact Statement and Appendices, and final risk assessments for permitted aquatic herbicides. These are Ecology documents numbers 00-10-040 to 00-10-045 and 02-10-052, 02-10-046, 04-10-015, and 04-10-018. Agency that prepared documents being adopted: Department of Ecology. Date adopted document was prepared: 2000, 2002, and 2004. Description of document (or portion) being adopted: Final environmental impact statements and risk assessments for the herbicides being permitted under the Aquatic Plant and Algae Management General Permit. If the document being adopted has been challenged (WAC 197-11-630), please describe: The documents have not been challenged. The document is available to be read at (place/time): Documents are available online at hgp://www.ca.wa-goy/pro LA/pesticides/seis/risk assess.htEnl or may be viewed at Ecology offices between 8 a.m. and 5 p.m. EIS REQUIRED. The lead agency has determined this proposal is likely to have a significant adverse impact on the environment. To meet the requirements of RCW 43.21C.030(2)(c), the lead agency is adopting the document described above. Under WAC 197-11-360, there will be no scoping process for this EIS. We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the- decision maker. Name of agency adopting document: Department of Ecology Contact person, if other than responsible official: Jon Jennings Phone: (360) 407-6283 Bill Moore, P.E., Section Manager Responsible Official: Program Development Services Phone: (360) 407-6460 Water Quality Program Signature: Date: May 3, 2011 C�� =O, fir'- - - d'4�. "+� _'����'�, y.:s.•. The Aquatic Plant and Algae. Management General Permit Discharge Management Plan (DMP)' for Permittees with DEPARTMENT OF Continuing Coverage (Treatments of Five or more Acres) ECOLOGY State of Washington Permit Number: WAG 994199 ® New DMP ❑ Updated DMP Use the tab key to navigate to each form field. I. CONTACT INFORMATION The Pernnittee/applicant must develop its DMP jointly with the sponson2 Permittee contact information (name, business name, physical business address and.mailing address if different, phonemumber, email address and website address, if applicable): Aquatechnex, LLC, PO Box 118 Centralia, WA 98531(mailing address)1801 Van Wormer, Suite 1 Centralia, WA 9MI (physical address)...360-330-0152 www.aquaterhnex.com and www. a qu ate chn ex. wordp re s s. c o m 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, Tederal Way, WA 98023. (253) . II. WATER BODY INFORMATION 1. Water body name; Lake Lorene See www.egy.wa.g2v/pro&Tams/eaR/lakes/yA/index.htrd for lake information and maps. 2. Location of the water body (latitude -longitude): 47°18'42"N,122023'14"W 3. County and WRIA where the water body is located: King County, WRIA 10 WRIA maps www.ecy.wa.pov/sel-viceslgis/maps/wrialwria.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 M 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.egy,wa.gov/programs/eap/wsb/wsb Lakes.html I 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. ' 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/Permittee can attach a map with approximate water depths for the treatment areas. ECY 070-380b (2/2011) 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: 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 w,,w.egy.wa.gov/prog-rams/wq/303d/index.htmI 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 wvvw,ecv.wa.gov/proUanis/eap/�Iakes/,iguaticl2laaitslindex.html#aiu�i —" Ecology's freshwater plant identification manual www.ecy.wa.gov/programs wq/pl mts/plantid2/index.litinl 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 h a s.1e .wa. gov WAC default.as x?cite=l6-750 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.dau.wa.gov/i-lip/refdeskZplants.htmi 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 hi the project area. Attach a recent map of these areas: ❑ DNR's information about high quality/rare ecological communities wwwl.dnr.wa.gov/fdil.>ZyefdE!sk/coinniui-iities.libnl 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.e 1.wa.mov rv-Iaans I Nr estieideslfinal pesticide -permits/aquatic Iants ermitdocs rectre a twind 09 011 O. p df ECY 070-380b (2/2011) 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/cotiservation/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, Alc ids, and see number 17. http:l /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/conservatiort/phs/list/, See also WDFW species timing windows v ww a .wa. ov ro an-ts w esticides final esticide eru-dts a uatie lasts ermitdocs rectreatwindd90110.pdf 18. Are there any salmon hatcheries that could be affected by a chemical treatment? No. http: / / wdfw.wa.goy1 hatcheries/ oyeryiew.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/ ggver=ent/local.aspx 4 Major land uses include rural, residential, agricultural, etc. ECY 070-380b (2/2011) 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.e .wa. ov r •ams/wr ri hts water xi ht home.himl 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 obseived. 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. III. PROBLEM DESCRIPTION AND STATEMENT' 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. 1(3. escribe any algae problems occurring in the water body: Algae blooms occur through the owing season and periodicail become toxic. Provide any history of cyanabacterial toxins in the water body: Sample Number: LOM01_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/egy/toxicalgaeZLnteinetDefauItpi2x 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,4 Citizen's Manual for Developing Integrated Aquatic Vegetation Management Plans www.ecy.wa. ovl ro rainslw l ]antslmana emendrrsanuallindex.[itml r See Section 2, Question 8 above for web information sources. ECY 070-380b (212011) 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.gnJpro amsZ)y lants/a_lgaef lakes/index.l-itml 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: 19 Ecology's survey methods for aquatic plant mapping tiq'rw.ecu.wa. ,ov/programs/wc /Worts/management/suzvey.html 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) 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 conditions -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 Est 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) www.el2a.goyLo4)pOOOOI/factsheets/"iprn.lit:iTi 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.e .wa.00v ro ams w plants/management/_marival/chapter7.I.litrrd 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.aquaties.oi!g/pubs/"madse.n2.htn wtivw.ec -.wa. ov ro anis/w Iants mana,ement index.I-itml www.a2uatics.org/bmjp.litLn 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) 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 Arid 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) 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) 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.herbiczdes 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 peri-nit has identified all other federal, state and local ordinances that may affect chemical treatment and they Have incorporated their 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 (212011) 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 Plans 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 DMFs submitted by existing Permittees when the Pern-dttee 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 8 You must modify the DW when there is a significant change in the active ingredient or quantity of chemicals discharged. Changes to the DNT must be made prior to the discharge or as soon as possible thereafter. The revised DNT must be signed and dated. 9 Short-term modifications of the Water Quality Standards. EGY 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 systentis, 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 applicaion. The application equipment must then be calibrated for output based on those factors and rates: Generally for either liquid or gra-molar application systems, stems, ti:e 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. 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 (212011) 13 XI. NEW STAFF TRAINING besckibe 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 endorecernent. They are then teamed with experienced staff that mentor them in the correct procedures and practices that meet perrnit, label and environmental requirements. xII. RECOI;.D 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 th4sse persons directly responsible for gathering,' information, the information in the DMP is, to the best of niy 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.. S na a of Per=f 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 DIOR 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. 10 Alternatively, the applicant/Permitiee may reference its training manual, if available. if a training manual is referenced, include the date it was last updated. 11 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. ECY 070380b (2/2011) U L ca . . . . . . . . . . Rr� J�7 Y Ta MR ;- _ _Mr. -Department of Ecology -- General Permit Application Page 1 of 2 Application for Coverage AQUATIC PESTICIDE GENERAL PERMIT Notice of Intent To comply with the terms of the statewide general permit for discharges of aquatic pesticides to control aquatic vegetation and algae to surface waters of the state Permit # _ _ _- _ _ _ _ Lake Name: Lake Lorene I. PERMITTEE.' Government entity/applicator: Business/company name: Business owner name: McNabb II. MAILING AND CONTACT INFORMATION. Contact name: Business contact name: Kyle Langan Kyle Langan Mailing address: Business mailing address: POB 118 IPOB 118 City: Centralia City: Centralia Zin + 4: WA Zip + 4: WA E-Mail address: kyle@aquatechnex.com Daytime phone: 360-330-0152 Cell phone: 360-239-5707 111679]1 E-Mail address: kyle@aquatechnex.com Daytime phone: 360-330-0152 Cell phone: 360-239-5707 UBI Number: 602190833 DEPARTMENT OF ECOLOGY WATER JAN 0 3 2011 1. Name of water body that will be treated: Lorene 2. County: Kier 3. is it a river, lake, creek, stream, or wetland? Lake 4. What Is the Size of the water body In acres? 5 5. Does the water body have any inlets or outlets? Yes a. Name and/or describe all water body inlets: unnamed b. Name and/or describe the water body or water bodies the outlet flows to. If outlet is unnamed, state "unnamed outlet" and first named downstream water body. Unnamed outlet flows to Lake Jeanne 6. Is the water body on the EPA 303d listing for phosphorus or dissolved oxygen? X Yes No 7. Is the outlet that the water body flows Into on the EPA 303d listing for phosphorus or dissolved oxygen? X Yes No S. Nearest city: Federal Wav 9. Legal description of site: Latitude: 470 18' 57" rN' Longitude: 1220 20' 28" 'W' (Must have be provided in degrees, minutes, and IV. STATE ENVIRONMENTAL POLICY ACT SEPA For State Use SEPA requirements must be complied with prior to submittal to the pesticide permit application. If exempt, provide documentation that justifies SEPA exemption. Has a SEPA review been completed? ❑ Yes ❑ No Date: Lead agency issuing SEPA Determination Type of SEPA determination: ElDNS ❑ DS ❑Mitigated DNS Department of Ecology -- General Permit Application Department of Ecology — General Permit Application Page 2 of 2 V. PLANT AND CHEMICAL INFORMATION: 1. Products planned for use: Chemical name Targeted plant(s) or algae name by genus and species if the plant or algae can be identified to species. (Chemical shall be appropriate for species listed.) Dlquat dibromide Potamogeton spp., Elodea Canadensis, Ceratophyllum demersum Endothall (dipotassium salt) Potamogeton spp., Elodea Canadensis, Ceratophyllum demersum Endothall (mono -salt) Algae spp Glyphosate Typha, Iris, nymphaea Aluminum sulfate Algae spp Calcium hydrodxide / Carbon dioxide Algae spp Adjuvant(s) LI-700 Product Type Targeted plant(s) or algae name by genus and species if the plant or algae can be Identified to species. Biological water clarifiers Algae spp VI. REGULATORY STATUS: (Applicator Information Only) 1. Department of Agriculture Pesticide Applicator License number: 7973 2. Department of Agriculture Pesticide Applicator License expiration date: 12/31/2010 3. X License has an Aquatic Endorsement or will be supervised by someone with an Aquatic Endorsement. 4. X ply renewal has ucc11 sat uafi^c.. and will ren:a:.. c...._n_. 5. Type of Activity: Eradication X Control Nutrient Inactivation VII. SPILL KIT Do you have a complete and up-to-date kit? X Yes No VIII. CERTIFICATION certify under penalty of law that this document and all attachments were prepared under my direction or supervision. he Information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that Jere are significant penalties for submitting false information, including the possibility of fine and imprisonment for riowino violations. All label directions and requirements will be followed unless the Department of Ecology has further restrictions. Printed name of permlttee} A L 4�,_LM c� i,__ Date: 1 "I certify that I have hired the cglith(#j r listed above to perform product applications. " Printed name of Sponsor: Signature: Date: /v https://secureaccess.wa.gov/ecy/wgapgnoi/Pmt... Department of Ecology -- General Permit Application Twin Lakes (Lake Lorene) Public Notice Aquatechnex, LLC. phone # 1-360-330-0152 is seeking coverage under the NPDES Waste Discharge General Permit for aquatic plant and algae management. Aquatechnex will be aiding the Twin Lakes HOA in treatment of the five acre Lake Lorene in Federal Way. Lake Lorene may be treated to control aquatic weeds and algae growth between April 1, 2011 through December 31, 2016. The herbicide planned for use is: Glyphosate and LI-700 . The total treatment area will not exceed 3.5 acres. Any person desiring to present their views to the Department of Ecology regarding this application shall do so in writing within. 30 days of the last date of publication of this notice. Comments can also be submitted on the SEPA documents for this project. Submit comments to: Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, Attn: Water Quality Program, Aquatic Pesticide Permit Coordinator. Any water use restrictions and or advisories will be posted near the treatment areas along the private shoreline and public access points. Copies of the application are available by calling the Water Quality Program, Aquatic Pesticide Permit Coordinator at # 1-360-407-6938. WAC 197-11-960 Environmental checklist. ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal- Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise infonnati on known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional infornxntion that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FORNONPROIECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: Lake Lorene Noxious Aquatic Weed Control Program 2. Name of applicant: Aquatechnex. LLC 3. Address and phone number of applicant and contact person: Terry McNabb or Kyle Langan, PO Box 118, Centralia, WA 98531, 360-330-0152 4. Date checklist prepared: December 16, 2010. 5. Agency requesting checklist: Washington Department of Ecology 6. Proposed timing or schedule (including phasing, if applicable): This program will commence on receipt of the NPDES permit this checklist is required for. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The NPDES permit is a five year permit. At this time we have no plans beyond the expiration date of the permit. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. This checklist is required as part of the permit application process for aquatic weed control. That document has been filed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. NO. 10. List any government approvals or .permits that will be needed for your proposal, if known. The NPDES permit that this checklist supports is the only government approval or permit that will be needed for our proposal. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.). This proposal is to use US EPA approved aquatic herbicides within the conditions of the NPDES for aquatic weed control issued by the Department of Ecology to manage aquatic weeds within the waters of Lake Lorene. There are about 3.5 acres of water within this proposed treatment area. The permit application that accompanies this document has a map and locations of the proposed treatments. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries ofthe site(s). Provide a legal description, site pion, vicinity map, and topographic map, if reasonably available. Wbile you should submit any plans required by the agency, you are not required to duplicate Wraps or detailed plans submitted with any permit applications related to this checklist. This information is contained in the map and permit application that accompanies this checklist. TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS EVALUATION FOR AGENCY USE ONLY 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other ...... This proposed activity will take place in Lake Lorene, see map b. What is the steepest slope on the site (approximate percent slope)? Not applicable 2 TO BE COMPLETED BY APPLICANT c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soil types within the treatment area are lake sediments. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not applicable e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable, no impervious surface created h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: not applicable EVALUATION FOR AGENCY USE ONLY a. Air a. What types of emissions to the air would result from the proposal (Le., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? if any, generally describe and give approximate quantities ifknown. There will not be significant emissions created by this project. A boat with a four stroke engine will be utilized for approximately 4 hours on two to three occasions during the summer. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Not applicable c. Proposed measures to reduce or control emissions or other impacts to air, if any: use of four stroke engines on vessels TO BE COMPLETED BY APPLICANT 3. Water EVALUATION FOR AGENCY USE ONLY a. Surface: 1) is there any surface water body on or in the immediate vicinity ofthe site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? if yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes, this proposal is to treat aquatic weeds in Lake Lorene. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes this work will occur on Lake Lorene as described in the maps and permit application attached to this document. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fll material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 year floodplain? If so, note location on the site plan. Not applicable 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The proposal involved the application of EPA approved aquatic herbicides under the guidelines of an NPDES permit issued by Ecology. These are not considered waste materials, they may be considered as pollutants under state law. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks ar other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None TO BE COMPLETED BY APPLICANT c. Water runoff (including stormwater): 1) Describe the source ofrunoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not applicable 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable d. Proposed measures to reduce or control surface, ground, and runoffwater impacts, if any: not applicable 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs EVALUATION FOR AGENCY USE ONLY grass pasture crop or grain wet soil plants: cattail, buttercup, bullrusb, skunk cabbage, other X water plants: Elodea, Coontail, Yellow Flag his, Potamogeton sp., Chara, Cattail, algae other types of vegetation b. What kind and amount of vegetation will be removed or altered? This proposal will control the aquatic weed species present within the project site waters. c. List threatened or endangered species known to be on or near the site. None Known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: none considered. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: All mammals: deer, bear, elk, beaver, other. Deer, fish: bass, salmon, trout, herring, shellfish, other bass, trout, b. List any threatened or endangered species known to be on or near the site. None Know. 5 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY c. Is the site part of a migration route? If so, explain. Migratory Waterfowl no doubt use Lake Lorene during migratory times of the year. d. Proposed measures to preserve or enhance wildlife, if any: reduction of aquatic weed species present in the treatment areas. 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed projects energy needs? Describe whether it will be used for heating, manufacturing, etc. not applicable b. Would your project affect the potential use of solar energy by adjacent properties? if so, generally describe. no c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: none 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk. of Ere and explosion, spill, or hazardous waste, that could occur as a result of this proposal? if so, describe. Aquatic herbicides that may be used are described in Ecology's Risk Assessment documents and the Agency has determined that those products permitted for use pose a minor to negligible risk to health when applied under the guidelines present in the Permit There are no risks of fire or explosion. 'here are no real risks of spill that could result from this, see below. 1) Describe special emergency services that might be required. No emergency services should be required. Aquatechnex does provide telephone communication to all employees, we maintain information on the products used on site, we maintain the telephone number of local emergency service providers. 2) Proposed measures to reduce or control environmental health hazards, if any: a spill kit will be present with the crews. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None, not applicable 2) What types and levels of noise would be created by or associated with the project on a short -terra or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. Short terra noise from a low horsepower outboard engine for 4 to 8 hours 3 or 4 times a year. TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 3) Proposed measures to reduce or control noise impacts, if any: use of four stroke engines, low speed settings 8. Land and shoreline use a. What is the current use of the site and adjacent properties? High use recreational waters and park b. Has the site been used for agriculture? If so, describe. Not applicable c. Describe any structures on the site. Not applicable d. Will any structures be demolished? If so, what? No, not applicable e. What is the current zoning classification ofthe site? The site is Lake Lorene lake bottom, the adjacent properties are zone residential f. What is the current comprehensive plan designation of the site? Lake g. If applicable, what is the current shoreline master program designation ofthe site? Not applicable IL Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Probably all of Lake Lorene is considered an environmentally sensitive area. i. Approximately how many people would reside or work in the completed project? None, not applicable j. Approximately how many people would the completed project displace? None, not applicable k. Proposed measures to avoid or reduce displacement impacts, if any: None, not applicable 7 TO BE COMPLETED BY APPLICANT 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None, not applicable 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. None, not applicable b. Approximately how many units, if any, would be el iminated? Indicate whether high, middle, or low-income housing. None, not applicable c. Proposed measures to reduce or control housing impacts, if any: None, not applicable 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? None, not applicable b. what views in the immediate vicinity would be altered or obstructed? None, not applicable c. Proposed measures to reduce or control aestbetic impacts, if any: None, not applicable 11. Light and glare a. what type of light or glare will the proposal produce? what time of day would it mainly occur? None, not applicable EVALUATION FOR AGENCYUSE ONLY b. Could light or glare from the finished project be a safety hazard or interfere with views? None, not applicable c. what existing off -site sources of light or glare may affect your proposal? None, not applicable d. Proposed measures to reduce or control light and glare impacts, if any: None, not applicable TO BE COMPLETED BY APPLICANT 12. Recreation EVALUATION FOR AGENCY USE ONLY a. What designated and informal recreational opportunities are in the immediate vicinity? Boating, swimming, fishing b. Would the proposed project displace any existing recreational uses? If so, describe. No, this project will improve these activities. c. Proposed measures to reduce or control impacts on recreation, including recreation op- portunities to be provided by the project or applicant, if any: none, not applicable 13. Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preser- vation registers ]mown to be on or next to the site? If so, genernIly describe. None, not applicable b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None, not applicable c. Proposed measures to reduce or control impacts, if any: None not applicable 14. Transportation a. Identify public streets and Wghways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Not applicable b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No, not applicable c. How many parking spaces would the completed project have? How many would the project eliminate? None, not applicable d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including drivovays? If so, general ly describe (indicate whether public or private). No, not applicable. TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transporta- tion? If so, generally describe. No, not applicable f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None, not applicable g. Proposed measures to reduce or control transportation impacts, if any: None, not applicable 15. Public services a. Would the project result in an increased need for public services (for example: fire pro- tection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None, no impact 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse serv- ice, telephone, sanitary sewer, septic system, other. None, not applicable b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None, not applicable C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on ovap make its decision. Signature: ... Date Submitted: 10 RECEIVED BY COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT GORDON THOMAS HONEYWELL„P June 20, 2014 VIA EMAIL-isaac.conlen@cit offederalwa .com AND U.S. MAIL Isaac Conlen Planning Manager Federal Way City Hall 33325 8th Ave S. Federal Way, WA 98003 RE: Twin Lakes Homeowner's Association/Lake Lorraine Dear Mr. Conlen: JUN 23 Z014 Bradley B. Jones Direct: (253) 620-6485 E-mail: bjones@gth-law.com Thank you for taking the time to talk with me about issues relating to Lake Lorraine. As we discussed, the Department of ..Ecology does not even consider Lake Lorraine a "lake" in a definitional sense. Covering only about 5 acres, Lake Lorraine falls far short of the 20 acre minimum that Ecology uses to define the smallest water body that qualifies for designation as a "lake." One issue that has arisen regarding the control of invasive and noxious weeds in Lake Lorraine is the language in the Aquatic Permit regarding areas of "high use." In much larger water bodies lakes can be divided, at least conceptually, into areas that could be considered "high use," and other areas that are not. However, as both a practical and legal matter, it would seem impossible to slice and dice "Lake" Lorraine into areas of "high use" and other areas that are not. As you know, Lake Lorraine is surrounded by approximately 40 homes and a park accessible by the residents of the over 1,300 homes that are part of the Twin Lakes Homeowner's Association. The owners of the homes that ring the lake and the residents of the homes entitled to access routinely use the lake for fishing, boating, fioating, paddle boats, kayaking, canoeing and swimming. In light of the fact that Lake Lorraine falls far short of the areal extent necessary to qualify as a "lake" according to the Department of Ecology, the number of homes that ring the lake, the number of people with access to the lake, and the amount and volume of activities that occur on the lake, we trust that the City will conclude, as we have, that the entirety of this small water body constitutes an area of "high use." Reply to: Tacoma Office 1201 Pacific Ave., Suite 2100 (253) 620-6500 Tacoma, WA 98402 (253) 620-6565 (fax) Seattle Office` 600 University, Suite 2100 (206) 676-7500 Seattle, WA 98101 (206) 676-7575 (fax) [1000909581 Law Offices I www.gth-law.com Gordon Thomas Honeywell LLP June 20, 2014 Page 2 After you've had an opportunity to review this letter, we would be pleased to answer any questions you may have or provide any additional information you need to consider this matter. We look forward to your reply. Sincerely, ,E;"j &W-9 Bradley B. Jone BBJ:kal cc: Bob Hill Gary Darcey Reuben Schutz 11000909581 RECEIVED BY COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT JUN 0 2 Z014 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Ave SE • Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 May 30, 2014 Isaac Conlen Planning Manager City of Federal Way 33325 Bch Ave S Federal Way, Washington 98003 Dear Mr. Conlen: RE: Designation and definitions of lakes and wetlands and Lorene Lake I have been requested to determine whether the water body known as Lorene Lake in the City of Federal Way is a lake or a wetland. While Lorene Lake does not meet the formal definition of a lake per WAC 173-22-030(4) because it is less than 20 acres in size, it does not meet the formal definition of a wetland either. While the term pond does not appear to have a formal definition in state code, Lorene Lake would be likely best described as a pond because it is a body of water less than 20 acres in size. The important point in this discussion is that Lake Lorene is NOT a wetland. Based on aerial reviews, Lake Lorene appears to have some narrow wetland areas along the edges. These fringe wetlands can be either rooted along the shore or within the underwater substrate to depths not exceeding 2 meters. Waters that exceed 2 meters in depth do not allow for the rooting of aquatic vegetation in the substrate. The definitions for lakes and wetlands are provided below: WAC 173-22-030 (4) "Lake" means a body of standing water in a depression of land or expanded part of a river, including reservoirs, of twenty acres or greater in total area. A lake is bounded by the ordinary high water mark or, where a stream enters a lake, the extension of the elevation of the lake's ordinary high water mark within the stream; WAC 173-201A-173 "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally ® 0 Mr. Isaac Conlin RE: Lorene Lake May 30, 2014 Page 2 created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Water bodies not included in the definition of wetlands as well as those mentioned in the definition are still waters of the state.) As stated above, I do not believe that there is a formal definition in state code for ponds; however, whether Lorene Lake is called a lake or a pond is not the issue at hand. The body of water that is known as Lorene Lake cannot be'designated as a wetland because most of the waterbody exceeds the depth at which aquatic vegetation generally can root in the substrate. Lorene Lake does appear to have a narrow wetland fringe along some areas of the shoreline, but this does not make the entire waterbody a wetland. If you have any questions or would like to discuss my concerns, please give me a call at (425) 649-4447 or send an email to pamc461 @ecy.wa.gov. Sincerely, Patrick McGraner Wetland Specialist Shorelands and Environmental Assistance Program PRM:mrw ecc: Paul �i:rson, 401/Wetlands Supervisor Tricia Shoblom, Ecology cc: Robert Hill, President TLHA Brad Jones, Attorney at Law k CITY OF � Federal Way October 23, 2013 Mr. Gary Darcey Twin Lakes Homeowners Association 32205 40`n Place SW Federal Way, WA 98023 Re: File #12-101766-00-AD; LAKE LORENE RESPONSE LETTER Twin Lake HOA Tree Removal, Federal Way Dear Mr. Darcey: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.ci" ederalway.com FILE The city has received several inquiries regarding Lake Lorene and what maintenance actives can occur on lakefront properties. Last month, I met with you and Sandy Duvall and we discussed some of the issues in more detail. I promised to write you a letter that would clarify the city's position with regard to these issues. As you know, Lake Lorene is a regulated lake and is surrounded by a category H regulated wetland, which has a 100-foot wetland buffer. Lakes and wetlands are regulated under Federal Way Revised Code (FWRC) 19.170, "Regulated Lakes," and 19.175, "Regulated Wetlands." Vegetation Removal Landward of Ordinary High Water Mark (OHWM) Generally, a request for vegetation removal in a critical area requires city approval (possibly issuance of a permit depending on the circumstances), following submittal of a report prepared by a qualified wetland biologist identifying the effect of the vegetation removal. This requirement; however, does not apply to the installation and maintenance of normal residential landscaping (mowing lawn, planting flowers, trimming hedges and trees, etc.) landward of the ordinary high water mark. We take the position that such activity is allowed as a legally nonconforming maintenance activity, which has been ongoing since prior to establishment of lake and wetland regulations. There are some instances where property owners have let the wetland return to its natural state and no longer maintain the property as lawn, in which case, any vegetation removal activity would have to be approved by the city, as referenced above. Aquatic Vegetation Control We also discussed the HOA's Aquatic Plant and Algae Management General Permit, approved by Washington State Department of Ecology (WADOE), to allow the use of chemical products applied to manage aquatic nuisance plants, noxious weeds, quarantine -listed weeds, algae, and nutrients in Lake Lorene. As part of that permit, the HOA hired AquaTechnex, LLC, to apply Phoslock to the lake to remove excessive phosphorus concentrations in the lake to improve water quality. You mentioned that a Mr. Gary Darcey Page 2 October 23, 2013 property owner has brought legal action against the HOA and AquaTechnex to discontinue this practice. Until recently, the city's Planning Division was not aware of WADOE's approval of the Aquatic Plant and Algae Management General Permit and never reviewed the proposal for compliance with the Critical Areas Ordinance. The city is supportive of actions to control invasive and noxious weeds, provided the methods utilized are not de'[rften t wetland/lake function. Per FWRC 19.170.050 the director may p an permit applicant to pp rehabilitl or mairitaill regulated wetland/lake by requiring the removal of detrimental materials, such as debris,:s JJi Wnfs, aid inappropriate vegetation. These actions may be permitted at any time that a condition detri antal-.o water quality or habitat exists. Upon resolution ,of the current legal dispute, if you wish to continue with future rounds of aquatic vegetation control, please instruct your contractor to submit a written request for aquatic plant management to the city for review prior to any future application/treatment. Please include a report by a qualified wetland biologist that evaluates the impact of the work on the wetland/lake, including any desired removal of native/non-invasive vegetation. The goal would be to develop a plan that accomplishes the HOA's goals of controlling undesirable vegetation, while at the same time maintaining wetland ecology and function. Ideally a plan could be developed that would allow treatment on a re -occurring basis without the need for a new approval for each event. Lastly, we also discussed the idea that you could hire a wetland biologist to evaluate the lake fringe, to determine if the city's preliminary designation of wetland status is accurate and prepare a report accordingly. To complete this exercise, we would need to engage the city's on -call wetland biologist to evaluate the report at HOA expense. Do nOt hesitate to contact me if you have any questions. I can be reached at 253-835-2643, or i s aac.con l eti@61yoffederalway. Sincerely, Isaac Conlen Planning Manager c: Dan Smith, SW Quality Program Coordinator Rebecca Chapin, Assistant Planner Patrick Doherty, Director of Community & Economic Development File #12-101766-00-AD Doc. I.D. 64394 C L p.00 0 0 0 N Nca �°.�ZVcocM +' C c N N c.0 O O J V sI°QmL°°°-°to nc O N- M O M E C N c r.M O 0.•N• '�% C N co t 0 ■�* N .2 2 O N J �C MCLOM E -zg— Y O -coomr- O " Jm C.).) c�o.;a m cM o.mZ c`c ~ I A _ ? a T CE ^ . � 40 ! �o e $ Li � O O W N e o � m o o=C W O +,- It=0 .C'S's 3 .m add O O NM . rob ow Orr 0 b/a I 1 � nt 1• LAKE LOREENE WETLAND SHORE CLEANUP PLAN MAY 21, 2012 A f 2 HI BECKY, THERE ARE 12 ALDERS PLUS SCRUBS ALONG WETLAND LAKE LOREENE SW 100 FOOT SHORE NNW OF DOE'S CREEK. THEY ARE GENERALLY WITHIN 20 FEET OF LAKE SHORE AND SHOULD BE REMOVED FOR SAFETY. TREES WOULD BE DRAGGED TO THE PATH AND RUN THROUGH A CHIPPER OR JUST HAULED AWAY. CHIPS COULD BE DISTRIBUTED ALONG PATH EDGES TO REDUCE EROSION. DRY WEATHER IS REQUIRED. SOME OF THESE DOWNED ALDERS BLOCK JOE'S CREEK, WHICH WAS DESIGNATED A SALMON RIVER. SALMON COULD BE PLANTED UP RIVER AND OTHER FISH PLANTED IN LAKE LOREENE. OSPREY, EAGLE AND OTTER RETURN WOULD BE PREMOTED. ALDERS DO NOT BELONG HERE AND ARE A RESULT OF ORIGINAL LAKE DEVELOPERS. THE 20 BY 100 FOOT STRIP WOULD BE COVERED WITH WASHINGTON STATE APPROVED EROSION CONTROL GROUND COVER. THIS IS ONE SMALL STEP FOR YOUR "BACK TO THE FUTURE COMPREHENSIVE WETLAND PLAN." CARL SPENCER 253 9519886 o� a m�vaevweoe: I rN•fyy PMney Demme • Bales mtlLBCek o view - PhoRa i 1zy • 4b9 AwaH65 • Abe T. t Zv IX ...a. y,... a�aN.. G� ''.�Yr,'c�%T�� r � xi�•z� n•.n a-. Pp7�4 H /4 a/�) 1--vm0 /`d S s/ZRECEIVED MAY 2 4 2012 CITY OF FEDERAL WAY CDS Rebecca Chapin From: Isaac Conlen Sent: Wednesday, August 29, 2012 5:47 PM To: Skip Priest Cc: Patrick Doherty; Rebecca Chapin Subject: RE: LAKE LORENE CLEAN UP Hi Skip, Patrick asked me to give you a short summary on this issue. The issue originated with a request from the Twin Lakes HOA to remove some hazardous trees along a path in a greenbelt area. That request (after some back and forth with arborists) was approved by the city (you were contacted to intervene on that one also). The current issue is a spin-off from the above mentioned request. In April the city received a request, from Carl Spencer (the gentleman who emailed you today), to remove several "wetland trees" which fell into lake Lorene as well as some still standing trees on the lake edge. His concerns were that the fallen trees would promote stagnant water and unsafe amoeba flourishes. We told him we would look into his request. Shortly after that we let Mr. Spencer know that because of the location of the trees in a critical area, an arborist report and wetland maintenance plan, prepared by a professional, were required. As you know we need to verify that there is a valid reason to remove vegetation from a critical area. We also communicated the needed information to the HOA as they are the property owner and would be the actual applicant. I believe the HOA is considering Mr. Spencer's request, but such a request needs board approval and we have not heard anything back from the HOA. Mr. Spencer has been in frequent contact with Assistant Planner Becky Chapin. She's kept him up-to-date (namely that we still haven't received the needed submittal to evaluate the request). He has also been in contact with Dan Smith in PW regarding additional issues with the lake. Mr. Spencer seems to feel that there is an imminent threat associated with the "brain -eating" amoeba he referenced. I'm not aware that anyone with the necessary qualifications has determined that such amoeba are a threat in Lake Lorene. The bottom line on this one is we are glad to evaluate his request, but have not received the information we need to do so (and we don't know that the property owner is interested in pursuing the request). Let me know if you have any questions. Isaac From: Patrick Doherty Sent: Wednesday, August 29, 2012 9:29 AM To: Isaac Conlen Subject: FW: LAKE LORENE CLEAN UP Isaac: Do you know of any application by Lake Lorene Home Owners to do work in the wetlands area at Lake Lorene to remove algae and other plant material? Let me know what you find out. Thx From: Cary Roe Sent: Wednesday, August 29, 2012 8:15 AM To: Skip Priest 1. 2. Cc: Patrick Doherty; Daniel Smith; William Appleton Subject: RE: LAKE LORENE CLEAN UP Skip, I believe this issue is a Patrick Doherty and a Community Development topic as it relates to work within a sensitive area. I have copied Patrick on this e-mail response to make him aware of the issue. Thank you, Cary From: Skip Priest Sent: Tuesday, August 28, 2012 9:11 PM To: 'Carl Spencer' Cc: Cary Roe Subject: RE: LAKE LORENE CLEAN UP Thanks, Carl. I'll follow up with Cary and get back to you. Skip From: Carl Spencer [mailto:carlkimber@hotmail.com] Sent: Tuesday, August 28, 2012 6:31 PM To: Skip Priest; Ginelle Holyoak Subject: LAKE LORENE CLEAN UP Minn. lake off limits after boy dies from meningitis video. insider.foxnews.com/.../minn-lake-off-limits-aft...Aug 10, 2012 9-year-old believed to have died from brain infection caused by amoeba. 3. More videos for MINN LAKE OFF LIMITS HI SKIP, TWIN LAKES HOMEOWNER ASSOCIATION HAS BEEN CLEANING UP LAKE LORENE SHORELINE AND REDUCING LAKE ALGAE. OUR REQUESTS TO THE CITY OF FEDERAL WAY THAT WOULD ALLOW US TO CLEANUP LAKE LORENE SW SHORE WETLAND HAVE BEEN STALLED BY YOUR SUBORDINATES. WE APPRECIATE THEIR CONCERNS TO PROTECT AND NOT DISTURB THE BIRDS, HOWEVER; IT APPEARS THE UNITED STATES BRAIN EATING AMOEBA THREAT IS GROWING AT OUR LATITUDE. THANKS FOR YOUR HELP. CARL SPENCER 253 9519886 Rebecca Chapin From: Rebecca Chapin Sent: Tuesday, June 26, 2012 8:44 AM To: Ginelle Holyoak(officemanager@twinlakeshoa.com) Subject: RE: LAKE LORENE WETLAND CLEANUP Hi Ginelle, I wanted to get in contact with you regarding Mr. Spencer's proposal. He mentioned that he is working with Twin Lake HOA and the HOA will be funding the tree removal, as such I thought maybe you should be aware of what I have been asking Mr. Spencer to provide, and have not yet received. I cannot approve his request as is. I mentioned in a prior email to Carl that a certified arborist, or even preferably a wetland. biologist, must sign off on the proposal, as such, provide a report verifying the extent of the removal activity, method of removal, and what the plans are for discarding the logs. I need something in writing with a stamp or certification ID (much like what was submitted with the prior proposal), not just a statement saying Approved by Austin Shepard, as he has provided below. Also, since the trees are within a wetland area we will also need to make sure proper measures are taken and the vegetation maintenance plan has been looked and approved by a professional (wetland biologist). So in order to approve the tree removal the following must be submitted by either the HOA or Mr. Spencer. 1. Report or statement from a Certified arborist or wetland biologist verifying the extent of the removal activity, method of removal, and what the plans are for discarding the logs. Credentials must be provided. 2. Vegetation maintenance plan approved by a wetland biologist verifying the erosion resistant ground cover is appropriate and will not harm the wetland area. Let me know if you have any questions. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 Rebecca.Cha in ci ofFederalwa .cam From: Carl Spencer [mailto:carlkimber@hotmail.com] Sent: Tuesday, June 26, 2012 7:47 AM To: Rebecca Chapin; Skip Priest; BOB HILL; Gary Darcey; Ginelle Holyoak Subject: Re: LAKE LORENE WETLAND CLEANUP HI BECKY, IT IS REQUESTED THAT FEDERAL WAY CITY PROVIDE TLHO ASSN AUTHORITY TO REMOVE FALLEN AND DAMAGED VEGETATION ALONG LAKE LORENE WETLAND SW SHORE IN A 20 BY 100 FOOT AREA AND REPLACE IT WITH WASHINGTON STATE APPROVED EROSION RESISTANT GROUND COVER. LAST WINTERS ICE STORM DAMAGED THIS AREA AND HAS BLOCKED JOE'S CREEK. 50 Years ago, land developers created Lake Lorene by damming Joe's creek. Massive growth of alders, blackberry and other weeds resulted. Continuous erosion has also resulted and must be stoped. 5 years ago infected boy in the casket was buried after being attacked by brain eating amoeba living in Arizona's Colorado River stagnant water. Amoeba Fowleri feeds on algae and lives in fresh stagnant water in the United States. 5 years ago, Cattails developed on both the Colorado River and Washington's Lake Lorene. Water temperatures in fall, winter and spring are similar in both Lake Lorene and Colorado River's Lake Havasu. rPlav LA Save all Want to save all these photos at once? Learn how siideshow photos Pictures are available for 30 days Algae is abundant in Lake Lorene. Tree limbs and leaves add to the phosphorus in the water. The new nutrient inactivation product Phoslock is being applied to Lake Lorene in accordance with Department of Ecology. Clearing a 20 foot by 100 foot shoreline of fallen/damaged trees is only a first step in the wetland cleanup. Mr Austin Shepherd has been cutting trees and logging for over thirty years. He will wrap cables as necessary, around the fallen trees and drag them to the path where they will be cutup and hauled away. Eliminating Alders, undergrowth, blackberries and other weeds is our objective and replacing them with erosion resistant vegetation in the entire wetland area is our goal. We are concerned with not damaging equipment and when TWO Association has adequate budget, we will create a park like environment for the entire wetland, stop the erosion and provide a safe lake for swimmers. Sincerely, CARL SPENCER APPROVED, AUSTIN SHEPHERD Get Windows Live Mail to .create your own photo a -mail; --f I 7&e4z>"*(za�ea Homeowners Association, Inc. 3420 S.W. 320th, Suite B-3 • Federal Way, WA 98023-2209 Phone: (253) 838-04M • Facsimile: (253) 8384784 www.twiniakeshoa.com Email:OfficeManager@TwinLakesHOA.com ESTHETICS REMINDER TO HOMEOWNER LETTER #1 June 12, 2013 Tom & Crystal Moehlman 32322 44th PL SW Federal Way WA 98023 Address of Property: 32322 44th PL SW Account # (8061) Regarding: Compliance with Article VIII of covenants/exterior maintenance Deadline for Compliance: June 26, 2013 Dear Tom & Crystal Moehlman: The Association would like to thank you for taking the time to keep your home and yard looking nice. We did note, however, the following minor infraction(s) that are out of compliance with our Association's exterior maintenance standards and covenant requirements: LAKESIDE: 1. Please consider removing cattail stalks from water, thank you. 2. Please remove bush from the water if the items listed on your letter have been resolved WE THANK YQUI Please address the above items) within 14 day§ of receipt of this letter. Your cooperation will be most appreciated and does directly benefit you by enhancing the value of your home, the biggest investment most people make in their lives. If you have circumstances that prevent you from meeting this time frame, we ask you to respond in writing or in email to the Architecture Control Committee and give us a proposed timeline for completion and/or any additional information you would like to present to the Architecture Control Committee for consideration. You may also fax your letter at any time or drop it off during normal business hours Monday through Friday, 10:00 am to 3:00 pm or through our mail slot after hours. Please remember: The office staff are unable to answer any questions regarding your letter and all questions/concerns pertaining to it must be directed to the ACC in writing or in email. y J ► �� tiwF r. i IX If It S1 June 17, 2013 Lake Lorene Homeowner, This communication is to correct information given by Gary Darcey and the Twin Lakes Homeowner's Association. Lake Lorene is a City of Federal Way wetland. Gary Darcey and the TLHOA do not have the authority to unilaterally decide what vegetation must be removed from Lake Lorene. Any vegetation removal in the Lake, and/or along the wetland buffer setback onto property around the lake; must be approved by the City of Federal Way. The City's authority supersedes any TLHOA Esthetic review. The TLHOA cannot demand you remove any vegetation without City approval. At this time, Gary Darcey or the TLHOA has not presented a plan of vegetation removal to the City of Federal Way. Any removal of vegetation in this area by the TLHOA or property owners without City of Federal Way approval could lead to a citation from the City for code violations. Last year TLHOA received a violation for one of their contractors who violated City and State codes. The violation was for allowing a large amount of top soil to wash down the stormwater drains by Treasure Island Park. Before removing any vegetation around Lake Lorene, I urge you to make certain removal is approved by the City of Federal Way. If you would like to discuss this further please contact me. T.J. Moehlman tjmoehlman@comcast.net Rebecca Chapin From: Tc Woods <tcwoods32@gmail.com> Sent: Wednesday, June 26, 2013 7:02 PM To: Rebecca Chapin Subject: Requirements at Lake Lorene Ms Chapin Received your email address from a TJ Moehlman. He stated you should be contacted regarding requirements and obtaining permission to conduct yard maintenance on properties fronting Lake Lorene. He delivered a memo stating that if we remove any vegetation without approval from the city, we would be issued a citation for violating city code. Myself along with several of my neighbors are very confused on this issue. Seems a little ridiculous that I would need permission to trim my hedge or relocate a rhododendron from the lakeside yard to my front yard. Those two items along with dozens more we could come up with also fit in the ridiculous category. What are the rules? Do you have something you can send to me? I will educate these confused neighbors. Rebecca Chapin From: tjmoehlman <tjmoehlman@comcast.net> Sent: Thursday, June 27, 2013 7:47 AM To: 'Tc Woods' Cc: Rebecca Chapin Subject: RE: Lake Lorene TC, I never implied that someone could not cut their lawn. I was speaking of trees, bushes and other vegetation that wildlife use as habitat. As to the perception that I am a wing nut, I don't have a comment. I am interested in protecting wildlife habitat. Tom Moehlman From: Tc Woods fmailto:tcwoods3ZCc7 �nail.coml Sent: Wednesday, June 26, 2013 5:12 PM To: tjmoehlman Subject: Re: Lake Lorene She didn't care that someone was cutting their lawn next to the lake. I told her that you said no one could cut any vegetation. I got the feeling they (city) think you're a wing -nut. On Wed, Jun 26, 2013 at 3:31 PM, tjmoehlman <timoehlman(c�t�,comcast.net> wrote: Here are the emails I have received from the City of Federal Way. Her information is: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 Rebecca.Cha in ci offederalwa .com Thank you for your interest. Tom Moehlman From: Tc Woods [mailto:tcwoods32 maH.com] Sent: Wednesday, June 26, 2013 2:58 PM To: 'moehlman_@comcast.net Subject: Lake Lorene Just saw someone cutting vegetation on Lake Lorene, which city official do we call? Rebecca Chapin From: Tc Woods <tcwoods32@gmail.com> Sent: Saturday, June 29, 2013 8:53 AM To: tjmoehlman Cc: Rebecca Chapin; Patrick Doherty Subject: Re: Lake Lorene I don't have a problem with those that have their own opinion, I'm OK with those that have an opinion that I consider "over -the -top" such as yours. What I have a problem with is those opinionated folks attempts to force- feed their opinion onto others, especially me. You are the one that started this homeowner crisis when you placed your opinion on my door knob. I have discussed this with several other homeowners and they are considerably upset with your tactics. The HOA has placed signs at the entrance of our neighborhood designating it as NO SOLICITING. What you did is no different. We have a problem with materials being left at our front door, it is an obvious 'no one is home' indicator to a thief if we are away for a couple days. We, like so many of our neighbors, moved into Twin Lakes many years ago. We did not purchase own home on a lake to be a wildlife refuge. We wanted to have the opportunity for our family to fish and swim in the summer, ice skate in the winter. We wanted to be able to enjoy the setting, we wanted to live on a "lake". We were able to have this for our first 10 years or so. At that time, the lake was absolutely beautiful. This was normal. Then things started happening each year and the condition of the lake became increasing worse. This degradation continued up until about 2008. About 4-5 years ago, things started to happen for the betterment of our lake. The HOA has a guy (the guy you slammed in your opinion door hanger) that has really worked hard to bring the lake back to its previous beautiful condition. When I look at the other lakefront properties, you get a sense that people are starting to care again. Unfortunately I have been told your lake front property looks like a jungle. The majority of homeowners on Lake Lorene don't want what you want. I'd be surprised if you get 5% support in your idea of a lake front property. Contacted the HOA and was told you have not expressed any concern with them. I'm really trying to understand what kind of person would take the time to pass our their opinion and obviously their issue, but don't contact the governing entity, the HOA. No need to send any more emails regarding habitat, they will end in the spam folder. Like I tried to express earlier, we are not against protecting the habitat. What we are against are your methods. Was also told of some of your methods while you were on the hoa board, I guess this shouldn't surprise me. On Thu, Jun 27, 2013 at 7:47 AM, tjmoehlman cjmoehlman@a comcast.net> wrote: TC, I never implied that someone could not cut their lawn. I was speaking of trees, bushes and other vegetation that wildlife use as habitat. As to the perception that I am a wing nut, I don't have a comment. I am interested in protecting wildlife habitat. Tom Moehlman From: Tc Woods [mailto:tcwoods32@gmail.com] Sent: Wednesday, June 26, 2013 5:12 PM To: tjmoehlman Subject: Re: Lake Lorene She didn't care that someone was cutting their lawn next to the lake. I told her that you said no one could cut any vegetation. I got the feeling they (city) think you're a wing -nut. On Wed, Jun 26, 2013 at 3:31 PM, tjmoehlman <timoehimangeomcast.net> wrote: Here are the emails I have received from the City of Federal Way. Her information is: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 Rebecca. Chapi n gcitvoffed eralway. com Thank you for your interest. Tom Moehlman From: Tc Woods [mailto:tcwoods32@gmail.com] Sent: Wednesday, June 26, 2013 2:58 PM To: timoehlman@comcast.net Subject: Lake Lorene Just saw someone cutting vegetation on Lake Lorene, which city official do we call? Rebecca Chapin From: tjmoehlman <tjmoehlman@comcast.net> Sent: Wednesday, July 03, 2013 11:23 AM To: joje461 @ecy.wa.gov Cc: Rebecca Chapin Subject: Lake Lorene Mr. Jennings, We are residents of Twin Lakes and live on Lake Lorene. We have received letters from the Twin Lakes Homeowners Association stating they will use herbicides to remove yellow iris and cattails along the shoreline along our property, if we do not remove them. They claim to have a permit to do so. We have been in contact with the City of Federal Way and received a copy of the email below to Gary Darcey of the Twin Lakes HOA. We are not sure what your permit allows. We checked the King County noxious weed list and do not see cattails on that list. We have been controlling the yellow iris as recommended by the King County control methods and at this time they have been removed from our shoreline. We use a natural yard care approach in our lawn and yard care; as proposed by courses Federal Way presented. We do not use fertilizers or chemical weed/pest control. The removal of cattails along our shoreline was presented in and esthetic review process. We are opposed to TLHOA's proposed use of herbicides on Lake Lorene and especially along our shoreline for cattails. We have not seen a copy of the permit issued. Would you please email a copy of the permit issued for lake Lorene. Thank you for your consideration. Tom and Crystal Moehlman Hi Gary, The city's initial response sent on May 13, 2013, is still valid. As Dan mentioned prior, you can removed the invasive/noxious weeds in the lake through the approved state aquatic plant and algae management permit, as long as approved removal methods are used (emphasis added). However, any brush and vegetation maintenance that has not been approved for removal by the aquatic plant and algae management permit will require approval from the city (i.e. fallen tree logs, native plants, branches etc.). As stated before, the only way the city could allow removal of the vegetation is if we find that such removal would either be beneficial or not harmful to the wetland and lake (or if we find the vegetation to be hazardous, but I didn't hear that as the reason for the request). In order to evaluate such a request, we would need a report prepared by a qualified wetland biologist identifying the effect of the vegetation removal and maintenance plan. The City may decide to send the submitted report, at applicant expense, to a third party for their review and comments. If you have any questions or you'd like to set up a meeting please let me know. Becky Chapin Assistant Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 7� Z s HOMEOWNERS ASSOCIATION, INC. 3420 S.W. 320t', Suite B-3 • Federal Way, WA 98023-2209 Phone: (253) 838-0464 • Facsimile: (253) 838-1784 www.twiniakeshoa.com 6/13/2013 Dear Lakeside Home Owners, Divisions 7 & 8. You were recently sent letters regarding shoreline growth on Lake Lorene. It was an attempt on my part to get the homeowners to take responsibility for minimizing algae growth and the spread of invasive weeds. I received some "push -back" from one homeowner which forced me to investigate all the covenants regarding the shoreline. I was relying on the covenants pertaining to Division 4; unfortunately, the covenants for 7 & 8 are different than those for Division 4 and I apologize for any inconvenience those first letters may have caused. I've cut & pasted the words from the Declaration of Covenants, Conditions and Restrictions. They are as follows for Division 7: 2. Riparian Rights Excluded. The fee title to the lots in the plat of Twin Lakes Number 7, to the extent applicable, shall not extend beyond the platted lot lines into or upon any body of water abutting such lots. All rights, title and interest to any such body of water is reserved by the Developer and the Developer of Twin Lakes, Division 7 for conveyance to the Twin Lakes Homeowners' Association, Inc., its successors and assigns. The requirements for Division 8 are almost word for word. This is interpreted to mean that the HOA is responsible for the water; homeowners are responsible for the shoreline to the water's edge. As a result of this interpretation, please note the below important items: Following actions will be taken: 1. All previous correspondence to Division 7 & 8 homeowners regarding shoreline growth should be disregarded. 2. A review of all waterfront properties will be conducted with these subsequent actions: a. If you have Yellow Flag Iris's in the water abutting your lot, the HOA will take action to chemically eradicate_ b. If you have Yellow Flag Iris's on your property adjacent to water edge, you will be required to take action to eradicate. If you choose to have these chemically treated while the waterborne irises are treated, notify the HQA office or contact me at hoalakesguy@gmail.com. There will be charge t you between $50 -$200, depending on amount of surface area needing treatment. I expect this treatment to take place later in the summer. c. If there are excessive cattails in the wafter abutting your lot, the HOA may take action to chemically eradicate. Some cattails on our lake are a good thing; however, they must keep in check. d. If you have unwanted cattails on your lot, you have the option to remove them yourself or have them chemically eradicated using the HOA's contracted biologist, Aquatech. If you wish to have these chemically treated, notify the HOA office or contact me at hoalakesguy@gmail.com. There may be a minimal charge depending on amount needing treatment. e. If you have vegetation that originates from your property and penetrates the water surface, you will be required to remove unless you are in a designated wetland 3) In all cases listed above where the HOA is taking an action, you will be notified beforehand. If you have an action, please notify the HOA of your intentions prior to July 15 2013. You can call the HOA office at 253-838-0464 or email at officemana er@twinlakeshoa.com or hoalakesquy@gmail_com. The preceding words were from the HOA to the lakeside homeowners. The following is from a fellow lakeside homeowner to lakeside homeowner; neighbor to neighbor. "All of us could do a better job in doing our part to maintain this beautiful lake. When I circumnavigate the lake I see all kind of examples of things leading to the growth of algae. Two weeks ago, I saw a homeowner using a leaf blower to blow leaves & debris into the lake to get them off of his yard." Here are two simple and extremely inexpensive things each homeowner can do, property by property: 1) Start by cleaning up our own water "back yards." Each owner can dredge, with a garden rake, their own beach, as far out as can be done safely with hip or chest waders. Remove all leaves, branches, limbs, algae scum and even a certain amount of rotten, yucky muck which has built up over years and decades. 2) Stop using fertilizers on your properties. Phosphates in the fertilizers run off the land and into the lake, feeding the algae blooms. If you must use fertilizers, use natural time -release products. Thank you for your time and attention to this matter. Gary Darcey has lakesP,uv@ema il.com Rebecca Chapin From: tjmoehlman <tjmoehlman@comcast.net> Sent: Friday, June 21, 2013 1:51 PM To: Rebecca Chapin Cc: Daniel Smith Subject: FW: Lake Lorene Resident Attachments: TLHOA Letter 06 13 2013.pdf, P6210190.jpg; P6210191.jpg Rebecca, Below is a well written email we would like to share with you. It echoes many of our concerns. Also, attached is a letter from Gary Darcey dated 6/13/13.Our major concern are his statements in paragraph 2) c. and e. As we have stated previously, we try to use natural yard care techniques. We do not use herbicides or fertilizers on our lawn, front side or lakefront. Actually we are not opposed to removing cattail stalks, as shown in Gary Darcey's photo sent to you, along the waterfront of our property. But we would only want a minor reduction of the new growth of cattails. The timing of removing these should not interfere with the busy wildlife nesting season. But, Gary Darcey and the TLHOA do not seem to be willing to compromise on this issue. If we have not removed the cattails to their liking by July 15 they will chemically treat them. There is no way than can prevent chemical treatment from encroaching on our property. If you were to receive a survey of the cattails on the lake, you would see that most of the property owners have removed the cattails. There is only a small portion of shoreline left with the wildlife protection these cattails provide. Attached picture P6210190 of a lakefront yard that has removed most of the shrubs and all cattails. WE DO NOT WANT OUR YARD TO LOOK LIKE THAT YARD! Paragraph 2) e. is in direct conflict with what you have advised them in your emails. Every morning we spend some time on our deck with a morning cup of coffee and watch the wildlife in this habitat of Lake Lorene. We see numerous bird species using the rhododendron TLHOA has requested we remove. Picture P6210191 shows a yard to the east of P6210190. In that yard just barely visible at the shoreline are the stumps of the trees that were there until last summer. Those trees provided a spot for eagles, osprey and kingfisher to sit prior to diving to the lake to catch fish. We will not be removing the rhododendron. Again, Thank you for your time in considering these issues. Tom and Crystal Moehlman From: Nancy Kline [mailto:pugladynks@hotmail.com] Sent: Wednesday, June 19, 2013 1:11 PM To: tjmoehlman@comcast.net Subject: Lake Lorene Resident Hi TJ, was pleased to read your letter dated June 17, 2013. My name is Nancy Kline, residing at 4231 SW 323rd St. I have 120' of lakefront on Lake Lorene. The Yellow Flag Iris on my property is intertwined with other vegetation along the edge of the lake. After experiencing flooding from massive rains several years ago, the bulkhead along my lake front was falling over into the lake. Since then, the City of Federal Way has made numerous changes to alleviate the storm drainage (that had been 30+ years outdated) and we have no more floods currently. During that period, I talked with City of Federal Way personnel, and an inspector from the City came to my house to see my lakefront bulkhead. I was told then, that I am not allowed to touch anything within 3 feet of the water's edge. The City employee was quite clear about that explaining that the 3 feet along the edge is habitat and homeowners are not to mess with it. I am dismayed that the HOA has fallen so easily for recommendations pushing toxic spraying of AquaPro's Glyphosate herbiside. I did some research, and it's really no different than Round -Up. Glyphosate will remain for three years and will leach into the water despite what their website says. There are Federal studies and European studies which refute their claim that the toxins dissipate within 24 hours. don't know about you, but I have river otters residing along my lake front bank. This is the first spring in my fifteen years living here that I've seen baby otters. The otters thrive in the perfect environment of a tilting bulkhead over the water's edge, hidden by tall vegetation from above. The last thing I want to do is spray any kind of herbicide along the lake edge. Glyphosate does not discriminate between Yellow Flae iris and other plants. If anyone uses the Glyphosate along the lake's edge, everything along the lake's edge will die and the habitat for the wildlife will be destroyed, albeit temporarily. The wildlife will inevitably suffer from loss of habitat, and toxins in their environment. Treatment already done in the lake itself: AquaPro's chemical treatments used in the lake are not a whole lot safer, in my opinion. While the chemical is bound with clay to keep it somewhat solid (to alleviate toxic disbursement in the water) and sits on the bottom of the lake. So when the kids walk in the lake, they stir up the toxic sediment on the bottom of the lake. Sure, the water looks pretty and clean, but do you want kids walking in toxic muck? Each stir of the sediment will release toxins into the water. If the HOA wants to help homeowners remove the invasive Yellow Flag Iris, assuming the City would allow homeowners to touch anything within 3 feet of the water's edge, I would like a referral to someone who will hand -pull or dig out the iris's. Meanwhile, I await further discussion on this topic before taking any action. Sincerely, Nancy Kline May 9, 2013 Dear Lake Lorene Lakeside Home Owners: I hope this letter finds all of you happy with the improved conditions of our Lake Lorene. We have made major progress in the last 3 years in restoring our once very beautiful lake. The second installment of Phoslock'was introduced in the last month. In general, this treatment removes phosphorus which is the major contributor to algae growth. If you need additional information on this treatment, visit the web site at http://www.sepro.com/phoslock/. These treatments should reduce algae growth and prevent any future occurrence of the toxic blue-green algae we were experiencing. The next step in our restoration is to rid the lake 0 the other sources of nutrients that promote algae & weed growth. Fertilizer use, pet wastes, storm -water runoff, waterfowl and agriculture contribute nutrients to a lake The majority of these nutrients are introduced with water entering the lake from the storm drains and Joe's creek. You can assist in this reduction by use of organic fertilizers, using the proper detergents when washing your cars and trucks and by not feeding the birds. Also, if you see leaves are building up at the storm drain grate, clean them up.... We will attempt to determine the amount of this introduction by sampling. Agriculture control is where I'm heading next in this letter. We need to reduce the amount of leaves, tree limbs, grasses, dead cattails and anything else that is grown on your property that enters the lake. The introductions of these components ultimately decay and add nutrients to the water, thereby promoting algae growth. I need ALL of you to tour your waterfronts and take action to eliminate this introduction. Trim back your trees so the leaves don't fall in the lake, remove the dead cattails, cut back any growth that enters the lake and keep your waterfront cleaned of anything that may blow into the lake. Secondly, Cattails and Yellow Flag Iris, are becoming a significant nuisance. Laftk 7� COM(44 M CAMS Cattails - Some cattails are fine; we just have to make sure we don't allow them to take over the lake. You want more info on Cattails; check out this web site www.cattails.info/. Removal by hand is very difficult but can be done. Be aware that they will probably grow back, maybe not as prevalent. They can be chemically treated also. Check out that option at the end of this letter. C (a5,5 G W&A - v��h-OAS►�h0�2) —JoCSYM& �ucte� Can t Yellow Flag Iris (YFI) - A fast spreading invasive weed that forms dense thickets which can out compete native plants. These thickets can currently be found along the shorelines of Lake Lorene. We need to rid our lake of these invasive plants. Removal/Treatment Methods: 1. Hand Pulling/Digging can be an effective way of controlling the spread of this weed; however special care should be taken. The resins or juices from the leaves and stems can cause skin irritation or blisters (in small children) and is known to be toxic to animals if ingested. Be sure to wear gloves and bag up the organic LUl1Cte When removing the plant be sere to dig up all of the horizontal tuberous stems which travel at or below the surface of the soil, or the remaining roots will grow new plants. 2. Herbicide/Chemical Treatment may only be done by contractors licensed by the state for use of aquatic herbicides. One way lake residents can help with the treatment is to not cut YFI back before treatment. The more surface area on the plant, the greater the absorption of the herbicide and the more effective the treatment. Twin Lakes HOA has a licensed contractor with Permit in hand. We plan to spray the areas surrounding Treasure Island Park later this year, probably around the first part of August. If a homeowner wants their waterfront sprayed by this licensed contractor, contact me at hogiakesquy@gmad.com or contact the HOA office. Currently, your cost will be less than $200. How far less will depend on home many homeowners sign up. The HOA's concerns with these agriculture issues on your specific property will be addressed during the upcoming esthetics review. Gary Darcey TLHOA Rebecca Chapin From: Carl Spencer <carlkimber@hotmail.com> Sent: Thursday, April 19, 2012 12:17 PM To: Skip Priest; Patrick Doherty; Cary Roe; Gary Darcey; BOB HILL; Ginelle Holyoak; Rebecca Chapin Subject: TWIN LAKES CHILD HAZARDOUS ROTTING ALDER TREES UPDATE. HI SKIP, THANKS FOR THE HELP GETTING RID OF TWIN LAKES ROTTING ALDERS AT LAKE LORENE, WETLAND AREA. YOUR REPRESENTATIVE, BECKY CHAPIN, REVIEWED THE AREA AND PROVIDED FINALIZED AUTHORIZATIONS. IN ADDITION, BECKY SUGGESTED TLHO ASSOCIATION PREPARE A COMPREHENSIVE WETLAND EROSION CONTROL PLAN ENCOMPASSING WASHINGTON STATE REPRESENTATIVE'S GUIDELINES. PLAN WOULD REPLACE BLACKBERRY, OTHER WEEDS AND ALDERS WITH WASHINGTON STATE APPROVED EROSION RESISTANT GROUND COVER AND EVERGREENS. HOWEVER, LAKE LORENE HAS AN ALGAE PROBLEM THAT MUST BE ELIMINATED. AMOEBA NAEGLERIA FOWLERI FEEDS ON ALGAE AND IS UNSAFE. SEVERAL YEARS AGO, YOUR ORGANIZATION DEVELOPED A LAKE DRAINAGE SYSTEM STABILIZING LAKE LORENE WATER LEVELS WHICH HAS HELPED GREATLY. RECENT WINTER STORMS CAUSED A DOZEN WETLAND TREES TO FALL INTO LAKE LORENE ALONG WITH OTHERS AROUND THE LAKE. REMOVING THESE TREES AND ELIMINATING THE ALGAE IS NECESSARY NOW. FALLEN TREES PROMOTE STAGNANT WATER AND UNSAFE AMOEBA FLOURISHES. "FILE #11-100904-00-AD; REVISED TREE REMOVAL AND MAINTENANCE APPROVAL" NEEDS TO INCORPORATE COMPLETE REMOVAL OF THESE FALLEN TREES SO THAT WE CAN PROCEED. ACCOMPLISHING ABOVE WILL EXPEND OUR LAKE CURRENT BUDGET. A COMPREHENSIVE PLAN FOR SAVING THE WETLAND FROM EROSION WILL BE DEVELOPED. THANKS AGAIN, CARL 253 951 9886 32503 43rd Place SW, Federal Way, WA 98023 RECEIVE® n P R 19 2012 CITY OF FEDERAL WAY CDS 1