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
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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.
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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
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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
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Issuance Date:
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Expiration Date:
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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.
Aquatic Plant and Algae Management General Permit —April 4, 2012
Page 20
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S5. 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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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-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
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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
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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.
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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;
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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.
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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
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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