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15-104241R E C E I VW'TY & ECONOMIC DEVELOPMENT DEPARTMENT 33325 8`h Avenue South Federal Way, WA 98003-6325 CITY OF 10':ttSP AUG 2 2015 253-835-2607; Fax 253-835-2609 Federal Way www.ciiyoffederalway.com CITY OF FEDERAL WAY CDS SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION- APPLICATION File # l 5+ 1 01-Z4 (— 0 b TO BE COMPLETED BY APPLICANT Project Name: 54e& 1 t a L 14yizf c Project Address:) ee,(kee Applicant: S�e2- K� �I �G �Ql� �f'� y� . f 1 ( Al "IN Mailing Address: D �i0 fair,r&.e wq'Ker amE' AM, ��'[i7a Phone Number: 253 83S 27Tb E-mail: fwi[`�1j(P �e .mk ' Description of Project: I1 )R U 60 �;Ied It ova) avJlorf "enT W 1fAVbJ)V\0' hogoe et- Lit w 14t s avid WA 4(,tr-K 2 (z6P6J p &AI f Meets the criteria for exemption under which section of * WAC 173-27-040: h I *Washington Administrative Code online: apps.leg.wa.gov L��' C Applicant's Signature bate Bulletin #143 — March 25, 2013 1 of 2 k:\Handouts\Shoreline Exemption TO BE COMPLETED BY STAFF 1) The proposed development is consistent with Section 2(1')) of WAC 173-27-040 and is therefore exempt from the Substantial Development Permit Process. Yes ❑ No (explanatory narrative attached) Ee movi oy c&s u ati 2) Proposal requires: Yes No ❑ X Shoreline Variance ❑ 0 Shoreline Conditional Use l ❑ Review, Approval or Permit by other State or Federal Agency 3) Proposal complies with applicable provisions of the City's Shoreline Master Program. Yes ❑ No Condition(s) attached: ❑ Yes f No _t' Wltir- 4) In accordance with FWRC Section 15.05.130, this application is hereby: Approved ❑ Denied ApptIDvaJ Va.iic4 -rh r&91' March M : 24(o Director, Community Development Department ate Distribution: Applicant ❑ Owner ,N' File ❑ Outside Agency Bulletin # 143 — March 25, 2013 2 of 2 k:\Handouts\Shoreline Exemption August 14, 2015 251h_ Jim Ferrell, Mayor Mr. Isaac Conlen Planner Manager, Community Development Services City Of Federal Way 33325 8`' Ave S Federal Way, WA 98003-6325 Re: Request, Steel Lake Dear Mr. Conlen: RECEIVED By COMMUNITY 13 ECONOMIC DEVELOPMENT DEPARTMENT AUG 17 Z015 Please find below information to support an Administrative Decision regarding the implementation of aquatic vegetation control on Steel Lake (removal and/or treatment of invasive, noxious or nuisance vegetation from lakes and associated wetlands). Per your request, the following information is offered regarding aquatic plant management activity (specifically herbicide treatments) taking place on Steel Lake, in consideration of FWRC 19.170.050: • Lake Management District Number 1 for Steel Lake was renewed on July 10, 2013 pursuant to City of Federal Way Ordinance No. 13-744 (enclosed). • The Steel Lake Management District Plan (SLMDP) forms the basis for the annual LMD work plan and goals (enclosed). The SLMDP addresses options that maximize control, while at the same time minimizes negative environmental, economic, and beneficial use impacts. • The LMD aquatic plant management contractor, AquaTechnex, LLC, utilizes a state -issued Aquatic Plant and Algae Management General NPDES Permit (enclosed) for aquatic plant management work. The city is a co-permittee (sponsor). Per section S21, the permittee may treat aquatic noxious weeds in any identified wetland areas, but they must make every effort to protect native wetland vegetation. Under the permit program, AquaTechnex uses trained and licensed applicators. Additionally, they utilize best management practices designed to target noxious weeds only, with minimal or no impacts to adjacent vegetation. • The SLMD Advisory Committee, representing the lake community, discusses and approves SLMDP identified control options on an annual basis. • Targeted noxious plants identified and treated on Steel Lake have included Eurasian watermilfoil, fragrant water lily, yellow flag iris and Japanese knotweed. Thank you for your consideration. Please contact Mr. Dan Smith, Surface Water Quality Program Coordinator with questions or concerns. Sincereelly, 'i Ms. Theresa Thurlow, P.E. Surface Water Manager TT%DS:mt Enc: Ordinance No. 13-744 Steel Lake Management District Plan, 2014-2023 Aquatic Plant and Algae General Permit ce: Dan Smith, Surface Water Quality Program Coordinator Project File/DS Day File k: , sw m\water qua I ity ,stee I la ke' stee 1201 S`.stee I ad 2015, doc 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com The 2014-2023 Steel Lake Management District Plan February 8, 2013 CITY OF Federal Way Public Works Department Surface Water Management Division 33325 8"` Avenue South Federal Way, WA 98003 APPROVALS qK%, City of Federal Way Manager a Dan Smith, City of Federal Way Surface Water Quality Coordinator " W&t� Hollie Shilley, City of Federal Way Surface er Quality Coordinator Tom Dezutte , Lake Resident SLAC Chair Margaret Reyhner, Lake Resident SLAC CorChair Bill Linehan, Lake Resident SLAC Committee Member Mela a Cannon, Lake resident SLAC Committee Member TABLE OF CONTENTS INTRODUCTION.......................................................................................................................................................1 1.0 LAKE MANAGEMENT DISTRICT GOALS............................................................................................1 2.0 BACKGROUND AND PAST LAKE MANAGEMENT EFFORTS........................................................ 2 2.1 EARLY EFFORTS............................................................................................................................................2 2.2 2001- 2002................................................................................................................................................... 2 2.3 2003............................................................................................................................................................. 2 2.4 2004-2013....................................................................................................................................................3 3.0 LAKE AND WATERSHED CHARACTERISTICS.................................................................................. 3 3.1 LAND USE 3.2 SHORELINE USE............................................................................................................................................ 5 3.3 OUTLET, STREAM AND WETLAND LOCATIONS............................................................................................. 6 3.4 NON -POINT NUTRIENT SOURCE LOCATIONS................................................................................................. 7 3.5 LAKE BATHYMETRY..................................................................................................................................... 7 3.6 WATER SOURCE........................................................................................................................................... 8 3.7 WATER QUALITY.......................................................................................................................................... 8 3.7.1 Historic Water Quality Data................................................................................................................... 8 3.7.2 Water Quality Assessments..................................................................................................................... 9 3.8 WATER RIGHTS.......................................................................................................................................... 10 3.9 BENEFICIAL AND RECREATIONAL USES...................................................................................................... 10 4.0 THE AQUATIC WEED PROBLEM.........................................................................................................13 5.0 AQUATIC PLANT CHARACTERISTICS...............................................................................................14 5.1 NATIVE AQUATIC PLANTS IN STEEL LAKE.................................................................................................. 14 5.1.1 Native Emergent Plants............. ....... ....... ..... ............................... .................... :......................... ............ 15 5.1.2 Native Rooted Floating -Leaved Plants................................................................................................. 15 5.1.3 Native Submerged Macrophytes............................................................................................................ 15 Small -leafed pondweed (Polamogelon pusillus)..............................................................................................................15 Naiads(Najaflexilis)........................................................................................................................................................15 5.1.4 Native Submerged Macroalgae............................................................................................................. 15 Plant -like algae (Chara, spp)................................ »........ ........................ ........... ................................................ ................ 16 Plant -like algae (Nitella, sp.)............................................................................................................................................16 5.2 NON-NATIVE AQUATIC PLANTS IN STEEL LAKE......................................................................................... 16 5.2.1 Non -Native Emergent Plants................................................................................................................. 17 Yellowflag iris (Iris pseudacorus)...................................................................................................................................17 Japanese knotweed (Polygonum cuspidalum)...................................................................................................................17 5.2.2 Non -Native Rooted Floating -Leaved Plants.......................................................................................,. 17 Fragrant water lily/ White water lily (Nymphaea odorata)...............................................................................................17 5.2.3 Non -Native Submerged Macrophytes........................:.................................................. ....::.:................. 18 Eurasian watermilfoil (Myriophyllum spicatum)...................................................................................:..........................18 6.0 AQUATIC PLANT CONTROL ALTERNATIVES.................................................................................20 6.1 AQUATIC HERBICIDES................................................................................................................................ 20 6.1.1 Aquatic Plant and Algae Management General Permit........................................................................ 21 6.1.2 Discharge Management Plan................................................................................. 22 6.1.3 Aquatic Herbicide Control of Milfoil.............................. ......... ,............. :...:.......................................... 22 6.1.4 Aquatic Herbicide Control of Fragrant Waterlily................................................................................. 22 6.1.5 Aquatic Herbicide Control of Emergent Vegetation: Yellow Flag Iris and Japanese Knotweed ........ 23 6.1.6 Aquatic Herbicide Control of Native Aquatic Plants............................................................................ 24 6.2 MANUAL METHODS.................................................................................................................................... 25 6.2.1 Hand-Pulling........................................................................................................................,..................25 6.2.2 Cutting or Raking...................................................,.............................................................................. 25 6.2.3 Weed Rolling......................................................................................................................................... 26 ManualMethod Advantages.............................................................................................................................................26 ManualMethod Disadvantages........................................................................................................................................26 Manual Method Suitability for Steel Lake........................................................................................................................27 6.3 DIVER DREDGING....................................................................................................................................... 27 DiverDredging Advantages..............................................................................................................................................27 DiverDredging Disadvantages.........................................................................................................................................27 DiverDredging Permit Requirements...............................................................................................................................28 Diver Dredging Suitability for Steel Lake........................................................................................................................28 6.4 BOTTOM BARRIERS.................................................................................................................................... 28 BottomBarrier Advantages..............................................................................................................................................28 BottomBarrier Disadvantages..........................................................................................................................................29 BottomBarrier Permit Requirements...............................................................................................................................29 Bottom Barrier Suitability for Steel Lake.........................................................................................................................29 6.5 BIOLOGICAL CONTROL............................................................................................................................... 29 6.5.1 Grass Carp............................................................................................................................................ 29 6.5.2 Watermilfoil Weevil............................................................................................................................... 31 6.6 ROTOVATION..............................................................................................................................................31 6.7 HARVESTING.............................................................................................................................................. 32 6.8 MECHANICAL CUTrrNG.............................................................................................................................. 32 6.9 DRAWDOWN...............................................................................................................................................32 6.10 No ACTION ALTERNATIVE......................................................................................................................... 33 7.0 INTEGRATED AQUATIC PLANT MANAGEMENT AND TREATMENT PLAN ..........................33 8.0 PRESERVATION OF NATIVE VEGETATION AND AQUATIC HABITAT...................................34 9.0 ALGAE MANAGEMENT PLAN ...............................................................................................................36 10.0 WATER QUALITY MONITORING PROGRAM................................................................................... 37 11.0 LAKE OUTLET MAINTENANCE PROGRAM..................................................................................... 38 12.0 CANADA GEESE MANAGEMENT PROGRAM................................................................................... 38 13.0 COMMUNITY EDUCATION AND INVOLVEMENT PROGRAM...................................................39 14.0 LMD ANNUAL COSTS AND COMMITTEE AUTHORIZATION...................................................... 40 14.1 PRIMARY LMD MANAGEMENT GOAL............................................................................................................. 40 14.2 OPTIONAL LMD MANAGEMENT GOALS.......................................................................................................... 42 14.3 SLAC RESPONSIBII.r MS/AUTHORITY............................................................................................................. 43 14.4 PETITION TO CREATE LMD............................................................................................................................. 43 15.0 REFERENCES.............................................................................................................................................44 APPENDICES Appendix A...........................................................Signed Petition Appendix B...........................................................Assessment Rate by Parcel LIST OF FIGURES Fig 1......................................................................Steel Lake Watershed/Stormwater Conveyance Map Fig 2......................................................................Steel Lake Land Use Map Fig 3................................................................_.....2010 Steel Lake Bathymetry Map Fig 4......................................................................Steel Lake TSI values, 1994-2004 LIST OF TABLES Table 1..................................................................Land Use Estimates for the Steel Lake Watershed Table 2..................................................................Shoreline Use Estimates for Steel Lake Table 3..................................................................Physical Characteristics of the Steel Lake Watershed Table 4....................................... ............................ Trophic State Index (TSI) Water Quality Parameters Table 5..................................................................List of Steel Lake Beneficial Uses Table 6.................................................................. 2002 WDFW Total Fish Counts Table 7.................:..:.............................................Kent/Auburn Rainer Audubon 2010 Bird Count Table 8.................. ......... ....................................... Primary LIVID Management Goals Table 9..................................................................Estimated Annual Cost for Contracted Aquatic Plant Management Program Table 10................................................................Optional LIVID Management Goals DISTRIBUTION LIST The following lists City staff involved with the implementation of this project: • Will Appleton, P.E., Surface Water Manager, City of Federal Way • Dan Smith, Surface Water Quality Program Coordinator, City of Federal Way • Hollie Shilley, Water Quality Specialist, City of Federal Way INTRODUCTION In 2003, the City of Federal Way City Council, by Ordinance 03-452, created the inaugural ten-year Steel Lake Management District (LMD) Number 1 sun -setting on December 31, 2013. In 2012, the appointed members of the Steel Lake Advisory Committee (SLAC), representing the property owners of the LMD and acting per Resolution 03-397, began preparing the work scope to renew Steel Lake Management District Number 1 for a second multi -year period. This document, the 2014-2023 Steel Lake Management District Plan (SLMDP), outlines management goals established by the SLAC to provide the basis for the creation of a renewed Steel Lake Management District, set to become effective the beginning of 2014. Per the Revised Code of Washington (RCW) 35.21.403, any city or town may establish lake management districts (LMD) within its boundaries as provided in chapter 36.61 RCW. The Washington State legislature finds that the environmental, recreational, and aesthetic values of many of the state's lakes are threatened by eutrophication and other deterioration and that existing governmental authorities are unable to adequately improve and maintain the quality of the state's lakes. It is through RCW 36.61 that a governmental mechanism may be established by which property owners can embark on a program of lake improvement and maintenance for their and the general public's benefit, health, and welfare. RCW 36.61.020 outlines the requirements for the creation of a lake management district, including the protocols for financing the LMD improvements and maintenance of a lake. RCW 36.61 also describes the set of activities permitted to be undertaken by an LMD: (1) The control or removal of aquatic plants and vegetation; (2) water quality; (3) the control of water levels; (4) storm water diversion and treatment; (5) agricultural waste control; (6) studying lake water quality problems and solutions; (7) cleaning and maintaining ditches and streams entering or leaving the lake; and (8) the related administrative, engineering, legal, and operational costs, including the costs of creating the lake management district. 1.0 LAKE MANAGEMENT DISTRICT GOALS Depending upon year-to-year fund balances, the renewed Steel Lake Management District Number 1 will allow for the implementation of all activities granted by RCW 36.61.020. However, a more reasonable set of management goals have been established for the 2014-2023 Steel Lake Management District Plan (SLMDP). These management goals are based upon lake improvement and maintenance activities that may be expected to be implemented over the LMD's ten-year period (2014-2023) per approval by the Steel Lake Advisory Committee (SLAG): 1. Management of non-native aquatic plants and vegetation 2. Preservation of native vegetation and aquatic habitat 3. Management of hazardous algae blooms 4. Water quality monitoring 5. Maintenance of lake outlet channel 6. Management of Canada geese 7. Community Education and Public Involvement CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 2.0 BACKGROUND AND PAST LAKE MANAGEMENT EFFORTS Past lake management work for Steel Lake has primarily been limited to aquatic plant management and public education and involvement. The following outlines these efforts. 2.1 Early efforts Until the incorporation of the City of Federal Way in 1990, the Steel Lake community was under the jurisdiction of King County. Early aquatic plant management efforts were spear -headed by the Steel Lake Residents Association to improve Steel Lake and the region around the lake. In the late 1980s, Steel Lake was reported to be infested by the non-native aquatic plant, Eurasian watermilfoil (see Section 5.2.3 for a description. The Eurasian watermilfoil (milfoil) infestation covered large littoral areas of Steel Lake up to the 15-foot depth interval, and was severe enough to result in the formation of dense beds that affected shallower near shore areas. The conditions caused restrictions to fishing, swimming, sailing, and other types of boating. In 1990, Federal Way was incorporated as a city and the Surface Water Management (SWM) division began actively engaging in the lake water quality issues. By 1994 the City of Federal Way and the Steel Lake Residents' Association agreed to equally fund a multi -year aquatic plant management program for Steel Lake to combat recurring milfoil infestations. In addition, the City was able to obtain a Department of Ecology Grant to augment costs. During a successive four-year period, a number of efforts were undertaken by the Residents' Association -City alliance including: a whole -lake Sonar® treatment in 1994 (Resource Management, Inc.); annual diver surveys (Herrera Environmental); and the preparation of a 1994 Lake Management Plan (Envirovision,1994). 2.2 2001- 2002 A lull followed the mid -to -late 1990's aquatic vegetation work, then Steel Lake became reinfested with milfoil in the summer of 2001. The City of Federal Way provided notification of the issue to all Steel Lake residents and immediately began to develop a strategy for future aquatic weed management. In early 2002, although the Steel Lake Residents' Association had dissolved, SWM began gathering support of lakefront residents to re-form the aquatic plant management program. SWM obtained a two-year Early Infestation Grant from the Washington Department of Ecology (Ecology) that funded a series of underwater surveys and provided permit -authorized and contractor -implemented 2,4-D herbicide treatments that were successful in eradicating a five -acre milfoil infestation. Concurrently, efforts also began that year to form a Steering Committee to initiate the process to create a Lake Management District (LMD) for Steel Lake. 2.3 2003 In 2003, SWM staff completed an updated Integrated Aquatic Vegetation Management Plan (IAVMP) required by the Ecology -issued Aquatic Noxious Weed Control National Pollutant Discharge Elimination System Waste Discharge General Permit. The IAVMP was approved by Ecology and provided the basis for LMD development. That year, SWM coordinated a number of Steel Lake Steering Committee meetings that resulted in the formation of a long-term aquatic vegetation management work plan. Cost CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN estimates from both the IAVMP and the work plan were used to calculate the necessary property assessment rates (based on parcel types) that would be required to fund a ten-year LMD. AquaTechnex continued to work under contract for the City in 2003. Two systematic aquatic plant diver surveys were performed that established populations of all submerged, floating and emergent aquatic plants (both native and non-native). Following the successful efforts taken under the Ecology Grant in 2002, milfoil populations were limited and scuba -diver hand -pulling was sufficient to control the infestation. After a public vote and action by Federal Way City Council, the process to form Steel Lake Management District Number One was completed toward the end of 2003. The ten-year LMD began in 2004. 2.4 2004-2013 Surface Water Management (SWM) has managed all aquatic plant management activities on Steel Lake per the ten-year (2004-2013) Steel Lake Management District (LMD). In summary, the annual LMD programs have been administered through the implementation of work plans that included: quarterly Advisory Committee meetings, annual aquatic plant surveys, treatment and control methods as warranted, and effective public education. Steel Lake LMD Final reports describing annual aquatic plant management efforts during this period may be found at htta:Awww.cityo_ff_ederalway.comrndex.asnx?nid=189 3.0 LAKE AND WATERSHED CHARACTERISTICS The Steel Lake watershed is located approximately twenty miles south of Seattle, in the City of Federal Way, King County, Washington. The watershed is 429 acres in size and drains a gently sloping topographic area with elevations ranging from 440 feet to 500 feet (Figure 1). The entire watershed of Steel Lake lies within the City of Federal Way. 3.1 Land Use Land use in the watershed is primarily comprised of single-family residences (Figure 2 and Table 1). Steel Lake Park, multi -family residences, and vacant land comprise most of the remaining land in the watershed. It should be noted that the sub -basin boundary in Figure 1 and land use estimates in Table 1 are for Redondo Creek sub -basin CPR3, which includes an additional acreage to the north and west of the lake outlet. CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Yr i'o l.urw ]�iP t4Yiw.ri.. C4of Figure 1: ,3 +.�A•6 Federal Way Watershed 51on rwaler Conveyance Map 'Mr..aonahMw..- �. mczay C Il f� r 1 r FF �f { •;� l' Watatsw stormruter Conveyance —*�.�. Federal Way Fad City of Federal Way Figure 2: Wolershed Land Use Afap �...__.� iwx War, �Y L4p a s L �rtlR P • � Land Use Calegotya+r.' s sir •n . .: i ' ..• n`m `� LainVmw • - "w w i s z i �► r i DM1Sce , n 4 sow a ?c c open park ran•• ru cr _ . �.ws PoIft d Way FamilySMIST r o Vacant saw zo�,MEENNIMENEW FederaIWay Feet 4 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Table 1. Land Use Estimates for the Steel Lake Watershed (Subbasin CPR3) Land Use Classification Area (Acres) Percent (%) Commercial 12.34 2.88 Drainage 0.74 0.17 Industrial 0.6 0.14 Institutional 5.81 1.36 Multi -family 27.26 6.36 Office 5.84 1.36 Open Space 2.65 0.62 Park 28.70 6.70 Right of Way 65.23 15.22 Single family 172.27 40.19 Steel Lake 47.37 11.05 Utilities 2.29 0.54 Vacant 57.52 13.42 Watershed (Total) 428.63 100.00 Data Source: King County Parcel Assessor Information and City of Federal Way GIS, 2012 3.2 Shoreline Use Steel Lake includes 7,129 feet of shoreline (Table 2). The majority of the shoreline includes lake frontage adjacent to single-family property (5,179 feet). Public access to the lake is from Steel Lake Park (parcel 092104 9026), owned and managed by the City of Federal Way. The Park is located on the south shore of the lake and includes a public beach area. A public boat launch (parcel 798440 0210), also located on the south shore near the park, is owned by the Washington Department of Fish and Wildlife (WDFW). The largest undeveloped parcel (092104 9012) is located at the northwest corner, and has a shoreline measuring 542 feet, with a portion classified as a Category I Wetland (see Section 3.3). Table 2. Shoreline Use Estimates for Steel Lake Shoreline Use Total frontage (ft) Percent %) Single family 5,178.63 72.64 Steel Lake Park 872.67 12.24 Vacant 699.1 9.81 Multi family 314.13 4.41 Public boat launch 64.49 0.90 Total 7,129.03 100.00 Data Source: King County Parcel Assessor Information and City of Federal Way GIS, 2012 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 3.3 Outlet, Stream and Wetland Locations Steel Lake forms the headwaters of Redondo Creek. Outflow from the lake generally occurs only during the wet season (November through April). The lake outlet drains in a northwest direction from the west end of the lake, passing through wetlands to a culvert crossing at South 304th Street. The outlet continues to flow underneath Pacific Highway South to eventually discharge into Puget Sound at Redondo Beach in the City of Des Moines (approximately 1.5 miles downstream of the lake). The Steel Lake outlet channel has a history of flow congestion due to an accumulation of sediment, fallen trees, woody debris, invasive blackberry vegetation, and trash. In addition, there is a lack of a defined channel immediately downstream of the lake. SWM will continue to maintain the culvert crossing at S. 304'' Street. In addition, it is envisioned that the Steel Lake LMD will maintain the wetland area upstream of the culvert crossing to minimize impacts to lake levels caused by identified causes and natural wetland processes. Steel Lake wetland areas were surveyed by Sheldon & Associates for the City of Federal Way in 1998, and this information is included in the July 1999 Final Wetland Inventory Report. The purpose of the wetlands inventory report was to identify and map the general location of the wetlands within the city limits of Federal Way. General wetland and buffer conditions and characteristics, wetland sizes, and wetland ratings based on the City's proposed rating system are provided in the report. Although all wetlands inventoried were mapped, the inventory process did not include delineation of wetland edges (only approximate boundaries and locations of wetlands were determined). The 1999 Sheldon & Associates Final Wetland Inventory Report lists two separate categories of wetlands associated with Steel Lake: 1. Category I wetland at the west end of Steel Lake (04-21-04-39) on parcels 092104 9196 and 092104 9124. Category I wetlands are defined as those greater than 2,500 square feet in area and those that meet one of the following criteria: Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or Have three or more wetland classes one of which is open water. 2. Category III wetlands at the north shore (09-21-04-38) from approximately 2111 South 304'' Street east to 2231 South 304t' Street. These Category III wetlands are described as having an approximate cumulative size between 500 to 2,500 square feet. Category III wetlands do not exhibit characteristics of Category I or II wetlands. CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 3.4 Non -point Nutrient Source Locations The majority of surface water is conveyed to the lake through the City's stormwater system from the 429- acre watershed. (Figure 1). The largely urbanized nature of the watershed contributes typical urban area nutrient -related pollutants to the lake, in particular nitrogen and phosphorous. Pollutant sources in the watershed —including landscaping, gardening, domestic pets, flocks of resident and migratory Canada geese, and vehicle washing in upland areas of the watershed —all have the potential to contribute a loading of nutrients into the lake. Large concentrations of these non -point nutrients can increase the biological productivity of the lake and stimulate plant growth. It is worthy to note that all lakefront residences and most of the development in the watershed are connected to the Lakehaven Utility District sanitary sewer system. 3.5 Lake Bathymetry On March 11, 2010, AquaTechnex completed a bathymetry mapping effort for Steel Lake (Figure 3). A sonar unit accurate to a tenth of a foot was paired with a Trimble GPS data logger with sub -foot accuracy to record depth readings at two second intervals along pre -determined transects. There were a total of 20,674 points generated in the production of the mapping effort. CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Physical characteristics of Steel Lake are summarized in Table 3. Table 3. Physical Characteristics of Steel Lake Watershed Characteristic Unit Surface area 48.6 acres Lake volume 607 acre-feet Maximum depth 29 feet Average depth 12.5 feet Lake altitude 440 feet Shoreline length 7,129 feet Data Source: AquaTechnex Bathymetry Mapping, 2010. Note that the lake surface area calculated by AquaTechnex reflects full lake pool conditions, and differs from the figure provided in Table 1. 3.6 Water Source The majority of surface water enters the lake via stormwater outfalls located around the perimeter of the lake (Figure 1). No streams flow into the lake. 3.7 Water Quality Population growth, and specifically residential development, is associated with many environmental impacts, including nutrient pollution and subsequent eutrophication of lakes. Eutrophication of lakes refers to a group of symptoms that lakes generally display when they have been overloaded by nutrients, namely nitrogen and phosphorus. These symptoms include a disruption of the natural ecological state of the lake, including higher primary production, higher algae biomass, and a shifting of the algal community to a larger proportion of large blue-green algae that can be toxic to humans and pets. Thus, eutrophication often leads to lakes that are less economically beneficial and less aesthetically desirable to humans (2003, Moore, Schindler, Scheuerell, Smith and Frodge). Although the developed region surrounding Steel Lake has seen a reduction in point source nutrient pollution (i.e. hook up to public sanitary systems), there continues to be sources of nonpoint pollution in the watershed. 3.7.1 Historic Water Quality Data A King County Lake Stewardship Program Volunteer Monitoring Program for Steel Lake began in the 1980s and continued for several decades until budget cuts ended the program in 2004. The most recent data generated by this program indicates that Steel Lake is relatively low in primary productivity (borderline oligotrophic to mesotrophic) with very good water quality. The assessment of biological activity (or trophic state) can be classified into three general categories of lake water quality: oligotrophic, mesotrophic, and eutrophic. A common measurement used to calculate a lake's water quality classification is the numerical trophic state index (illustrated in Table 4). Lakes with low concentrations of nutrients, low concentrations of algae, and high CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN transparency (or clarity) are considered oligotrophic. A lake with high concentrations of nutrients and algae and low transparency is considered eutrophic. Lakes whose quality ranges between eutrophic and oligotrophic are considered mesotrophic. Table 4. Trophic State Index (TSI) Water Quality Parameters Trophic State/Biological Activity TSI Oligotrophic/Low <40 Mesotrophic/Moderate 40-50 Eutrophic/High >50 Data Source: Carlson, 1977 Historical water quality data for Steel Lake are represented graphically in Figure 4. The data indicate Steel Lake has been consistently trending toward lower primary productivity (borderline oligotrophic to mesotrophic) with very good water quality. Figure 4, Steel Lake TSI 1994-2004 — 0 Secchi - - -+ - - . Chlor 70 60 50 > 40 30 Kri A Toth v u7 c0 N co cn 0 r- c i M � 4�7s rn m 0) N N N N N r r Data Source: King County Lake Stewardship Program 3.7.2 Water Quality Assessments The federal Clean Water Act, adopted in 1972, requires that all states restore their waters to be "fishable and swimmable." Washington's Water Quality Assessment —developed by the Department of Ecology —lists the water quality status for all water bodies in the state. This assessment meets the federal requirements for an integrated report under Sections 303(d) and 305(b) of the Clean Water Act. The most up-to-date information, The 2008 Water Quality Assessment and 303(d) List, was reviewed for the 2014-2023 Steel Lake Management District Plan (Ecology, 2012). The following two assessment listings for Steel Lake were found to be present: 9 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 1. Fecal Coliform, Category 2, Waters of Concern: Waters where the data are not sufficient for listing a waterbody segment as impaired but may still raise a concern about water quality. • Department of Ecology lakes monitoring data shows 0 of 3 daily maximum samples exceeded the percentile criterion in 2003. Samples were collected near Steel Lake Park recreation area to reflect water quality conditions in this area only. • King County unpublished data from station A730 show a geometric mean of 134 cfu/100mL with 50% exceeding the percentile criterion during 1998. • King County unpublished data from station A730 show a geometric mean of 260 cfu/100mL with 100% exceeding the percentile criterion during 1999. • Remarks: Based on comments produced by the City of Federal Way, the assessment for this listing was changed from Category 5 (Polluted Waters that Require a TMDL) to Category 2 (Waters of Concern) on January 5, 2006. 1. Invasive Exotic Species, Category 2, Waters of Concern: Waters where the data are not sufficient for listing a waterbody segment as impaired but may still raise a concern about water quality. • Ecology survey (Parsons and O'Neal, 2000) found Eurasian water-milfoil (Myriophyllum spicatum). • Remarks: Based on comments produced by the City of Federal Way, the assessment for this listing was changed from Category 4C (Waters Impaired by a Non -Pollutant) to Category 2 (Waters of Concern) on January 31, 2005. Information cited for the new listing included the implementation of an active aquatic weed management program in 2002, including an annual milfoil eradication program; the approval by Ecology of the Steel Lake Integrated Aquatic Vegetative Management Plan in 2003; and the formation of Lake Management District Number One for Steel Lake in 2004. 3.8 Water Rights In June 2012, the Department of Ecology Water Resources Program was accessed electronically to determine current water right certificates, water use permits, applications for water use, and claims of water use on Steel Lake (Ecology, 2012). Using Geographic Information System (GIS) mapping, it was determined that only one Certificate of Water Right currently exists on Steel Lake: • 2605 South 3040' Street (parcel 092104 9078). 3.9 Beneficial and Recreational Uses Table 5 contains a list of beneficial uses that Steel Lake provides to area residents, visitors, and wildlife. In particular, the lake supports a large public park, excellent wetland habitat, and a trout -stocking program. It is also important to note that motorized boats are prohibited on Steel Lake per City of Federal Way Ordinance Number 12-715. 10 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 3.10 Wildlife Steel Lake is managed by the Washington Department of Fish and Wildlife (WDFW) as a trout and warm -water fishery. Between 1947 and 1969, the lake was rehabilitated on five occasions by treating with rotenone to reduce populations of spiny -ray fish and was stocked each of those years with approximately 7,000 rainbow trout fry (Salmo gairdneri). Due to the mixed species character of the fish community and the poor survival of trout fry, the fish management program changed in the 1970s by eliminating rotenone treatments and by stocking with rainbow trout of catchable size ( between 8 and 12 inches long) in the spring of each year (City of Federal Way, 2003). Since 1991 an average of 6,000 trout have been released into the lake each year. Due to program cutbacks, WDFW has not conducted fish population surveys in Steel Lake since 2002. The results of that survey (utilizing electro-fishing and gull and fyke nets), may be found -in Table 6. Table 5. List of Beneficial Uses for Steel Lake Beneficial Use Location Swimming Public and private shorelines and docks Fishing Whole lake Sailing Whole lake Waterfowl habitat Concentrated along western shore Aestetic enjoyment In lake and surrounding shoreline Bird watching Throughout the lake Wetland habitat Near the lake outlet (western end of the lake) Wildlife habitat Crayfish, turtles, and frogs primarily near shore Trout stocking Deep water habitat. No trout spawn in the lake City park Approximately 873 feet of shoreline Fish habitat Spawning (warmwater fish) occurs near docks and lilies in the west end. No salmon spawn in the lake Table 6. 2002 WDFW Total Fish Counts Species Yellow Perch Largemouth Bass pumpkinseed Rainbow Trout Brown Bullhead Total Sampled 621 148 79 16 37 Percent 68.9% 16.4% 8% 4.1 % 1.8% Size, 1-4 inch 4 88 8 0 0 Size, 4-7 inch 46 49 51 0 2 Size, 7-11 inch 22 7 28 37 12 Size, 11-14 inch 0 1 0 0 2 Size, 14-17 inch 0 1 0 0 0 Size, 17-19 inch 0 2 0 0 0 11 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN The Kent/Auburn chapter of the Rainier Audubon Society 2010 Christmas Bird Count may be used as a gauge of bird species that may visit Steel Lake (Table 7). Birds, mammals and small amphibians are also known to use Steel Lake. Residents report seeing muskrats, bald eagles, skunks, raccoons, opossums, squirrels, turtles and frogs. There are no known threatened or endangered fish species using Steel Lake. Table 7. Kent/Auburn Rainier Audubon 2010 Christmas Bird Count Cackling Goose 399 Spotted Sandier 1 American Robin 821 Canada Goose 1029 Black Tumstone 20 Varied Thrush 38 Trumpeter Swan 34 Wilson's Snipe 10 European Starling 2407 Wood Duck 2 Mew Gull 77 American Pipit 1 Gadwall 134 Ring -billed Gull 2 Yelow-rum ed Warbler 64 Eurasian Wi eon 7 California Gull 15 Townsend's Warbler 7 American Widgeon 1883 Herring Gull 3 Common Yellowthroat 0 Mallard 1674 Tha er's Gull 1 Spotted Towhee 128 Green -winged Teal 1276 1 Western Gull 2 Savannah Sparrow 8 Eurasian GW Teal 1 Glaucous -winged Gull 645 Fox Sparrow 96 Northern Shoveler 285 1 Gull sp. 230 Sonf Sparrow 513 Northern Pintail 1955 1 Pigeon Guillemot 6 Lincoln's Sparrow 28 Canvasback 11 Rhinoceros Auklet 2 White -throated Sparrow 1 Redhead 21 Rock Pigeon 1159 White -crowned Sparrow 64 Ring -neck duck 604 Band -tailed Pigeon 13 Dark -eyed Junco 616 Greater Scau 1 Mourning Dove 7 State -colored Junco 2 Hade uin Duck 79 Barn Owl 3 Red -winged Blackbird 628 Surf Scoter 4 Western Screech Owl 1 Brewer's Blackbird 500 White -winged Scoter 576 Great Homed Owl 4 Brown -headed Cowbird 21 Black Scoter 17 Barred Owl 1 Purple Finch 15 Bufflehead 7 Short -eared Owl 0 House Finch 202 Common Goldene a 478 Northern Saw -whet Owl 1 Pine Siskin 434 Barrow's Goldene a 92 Anna's Hummingbird 30 American Goldfinch 47 Hooded Merganser 71 Belted Kingfisher 16 Evening Grosbeak 125 Common Merganser 102 Downey Woodpecker 18 House Sparrow 108 Red -breasted Merganser 164 Hairy Woodpecker 10 Coopers Hawk 9- 9- Ruddy Ruddy Duck 29 Northern Flicker 141 Red-tailed Hawk 89 California Quail 182 Pileated Woodpecker 14 Medin 6 Red -throated Loon 10 Northern Shrike 1 Peregrine falcon 2 Pied -billed Grebe 46 Hutton's Vireo 5 Virginia Rail 12 Horned Grebe 73 Steller's Jay 91 American Coot 454 Red -necked Grebe 24 Western scrub Jay 10 Killdeer 6 Dble-crested Cormorant 105 American Crow 4749 Bewick's Wren 73 'Pelagic Cormorant 1 Common Raven 8 Pacific Wren 104 American Bittern 2 Black -capped- Chickadee 482 Marsh Wren 60 Great Blue Heron 33 Chestnut Chickadee 224 American Dipper 1 Green Heron 1 Bushtit 265 Golden Kinglet 388 Bald Eagle 36 Red -breasted Nuthatch 30 Ruby Kinglet 136 Sharp -shinned Hawk 10 Brown Creeper 16 Hermit Thrush 4 All available information on sensitive, threatened, or endangered aquatic animals (excluding fish) using the water body is on a county -specific basis, and little or no information is available on Steel Lake proper. Several non-native animal species are known to inhabit Steel Lake, including red swamp crayfish (Procamharus clarkii), Chinese mystery snails (Bellamya chinensis) and the red -eared slider turtle (Trachemys scripta elegans). These species were likely introduced to Steel Lake, and although the impact of these non-native species is unknown, most invasive aquatic animal species compete against native species for food sources, thereby presenting implications for the lake ecosystem if they multiply dramatically. 12 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN In 2012, AquaTechnex completed a Steel Lake Discharge Management Plan (DMP) and State Environmental Policy Act (SEPA) Addendum per the requirements of the State of Washington, Department of Ecology, Aquatic Plant and Algae General Permit, National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit (Appendix G), section S2.B.4. This requirement must be satisfied when the total proposed treated area in the water body is expected to be five or more acres. The SEPA Addendum includes an "environmental checklist" that examines the potential impacts of the project on the environment and answers questions regarding the current status of Steel Lake including but not limited to: presence of sensitive, threatened, or endangered aquatic plant species; sensitive habitats or wetlands; threatened or endangered fish species; aquatic animals using the water body; sensitive, threatened or endangered aquatic animals; and waterfowl and other types of birds. Historical observations of sensitive, threatened, or endangered aquatic plant species have been documented, but only reported for King County as a whole in the years prior to 1977. None listed have been reported or identified within Steel Lake (AquaTechnex, 2012). According to the Washington Department of Natural Resources database of high quality/rare ecological communities, there are no sensitive, threatened, or endangered aquatic plant species located in Steel Lake (2012 DMS, AquaTechnex). 4.0 THE AQUATIC WEED PROBLEM Noxious freshwater aquatic weeds are plants that are not native to Washington. They are generally of limited distribution, invasive, and pose a serious threat to our State's water bodies if left unchecked. Because nonnative plants have few natural controls in their new habitat, they spread rapidly, out - competing and effectively destroying native plant and animal habitats. In addition, the presence of noxious freshwater weeds may lower values of lakefront properties. The historical presence of aquatic plants in Steel Lake, (including non-native and noxious species), have been shown to impair the use and aesthetic value of the lake. Because of the lake's shallow characteristics, aquatic plants have the potential to restrict the available area for recreation activities such as fishing, swimming and boating. In addition, other regional lakes are in danger of becoming infested with noxious or invasive aquatic plants originating in Steel Lake. The 2014-2023 Steel Lake Management District Plan provides a long-term strategy for the control of aquatic plants in Steel Lake. Under the authority of Chapter 17.10 RCW, the King County Noxious Weed Control Board classifies noxious weeds based on each species' stage of invasion. This classification system is designed to: (1) prevent small infestations from becoming large infestations; (2) contain already established infestations to regions of the state where they occur, and, (3) prevent their movement to un-infested areas of Washington. The following three major classes (A, B and C) are listed according to the seriousness of the threat they pose to the state, or a region of the state: Class A Weeds: Non-native species with a limited distribution in Washington. Preventing new infestations and eradicating existing infestations is the highest priority. Eradication is required by law. Class B Weeds: Non-native species presently limited to portions of the state. Species are designated for control in regions where they are not yet wide -spread. Preventing new infestations in these areas is a high 13 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN priority. In regions where a Class B species is already abundant, control is decided at the local level, with containment as the primary goal. Class C Weeds: Non-native weeds found in Washington. Many of these species are widespread in the state. Long-term programs of suppression and control are a County option, depending upon local threats and the feasibility of control in local areas. Between 2000 and 2012, the following five noxious weed species have been detected in Steel Lake: Common Name Scientific Name Weed Class Eurasian watermilfoil Myriophyllum spicatum B Fragrant water lily Nymphaea odorata C Yellow flag iris Iris pseudacorus C Japanese knotweed Polygonum cuspidatum B 5.0 AQUATIC PLANT CHARACTERISTICS Steel Lake is a typical urban Western Washington naturally -formed glacial lake, and the aquatic plants (both native and non-native) that inhabit it are also typical. Surface Water Management (SWM), through a ten-year Steel Lake Management District (LMD) that began in 2004, has coordinated all aquatic plant management activities on Steel Lake. 5.1 Native Aquatic Plants in Steel Lake Through the LMD, annual systematic surveys have been performed on Steel Lake to identify and quantify the presence of native and non-native aquatic vegetation. This information has provided a continued baseline of lake plant communities. Plant location maps may be found in all Steel Lake Annual reports generated from 2004 to 2011. Overall, the Steel Lake native aquatic plant community has been rated as healthy through this period. Native vegetation has covered most littoral areas and did not interfere with the water use designations for the lake community during the period (swimming, boating, and fishing). Based upon the information provided in the annual surveys, Steel Lake has been within the parameters calculated from WDFW and Ecology criteria and adopted by the SLMDP for native vegetation littoral zone coverage (See section 8.0). The following includes a summary of the types and characteristics of the dominant aquatic plant species found during Steel Lake Aquatic Plant Surveys that have been conducted during the last eight years. A portion of this information has been obtained from the Department of Ecology website (Ecology, 2012). 14 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 5.1.1 Native Emergent Plants There have been no dominant native emergent plant types noted in Steel Lake. Scattered along the shoreline in moderate to dense patches have been a number of emergent species, Typha spp. (Cattail), Eleocharis sp. (Spike Rush), and Scirpus spp. (Bull Rush), that grow in shallow lake margins. The seeds of the rushes are an important food for waterfowl and mammals. Cattail rhizomes and their basal portions are a food source for geese. All Steel Lake's native emergent vegetation provides habitat for amphibians and fish and helps to stabilize shorelines. 5.1.2 Native Rooted Floating -Leaved Plants The most dominant native rooted floating -leaved plant type that has been noted in Steel Lake is Nuphar spp. (Yellow pond lily). This plant is a perennial water lily plant that has established a moderate -sized stand in the shallow waters of the lake near the public beach and swimming area. It is a food source for mammals and waterfowl and provides spawning habitat for fish. 5.1.3 Native Submerged Macrophytes The most dominant native submerged macrophyte communities noted in Steel Lake are as follows: Small -leafed pondweed (Potamogeton pusillus) These pondweeds have long, narrow leaves, and except for an occasional flower spike that briefly rises above the water, they remain underwater for their entire lives. Their stems are slender and profusely branched, and often have small, paired yellowish glands at the leaf base. The flower appears in 1-4 whorls on spikes measuring 3-15 mm long, not always above the water. The root is fibrous to form the base of the plant. The plant's seeds and winter buds form at the lateral branch tips and near the leaf bases. Its seeds and vegetation provide cover and food for aquatic animals. Naiads (Naja flexilis) Naiads (or slender water -nymph and common water -nymph) are completely submerged annual plants, although they are often found as floating fragments. They have opposite leaves that are often clustered near the tips of the stems. The leaf base is much wider than the rest of the leaf blade, which helps to distinguish the naiads from other underwater plants. These plants have inconspicuous flowers and fruits that are almost completely hidden by the leaf bases. Naiad pollination takes place underwater. The plants have glossy, green, and finely toothed leaves that are oppositely arranged, but appear to be whorled near ends of the stems. The leaves are long and narrow with broad bases that clasp the stem, and taper to a long point 1-3 cm long and 1-2 mm wide. The entire plant is eaten by waterfowl. Naiads are considered to be one of their most important food sources. They also provide shelter for small fish and insects. 5.1.4 Native Submerged Macroalgae The most dominant native submerged macroalgae communities noted in Steel Lake are as follows (information obtained in part from the Department of Ecology website): 15 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Plant -like algae (Chara, spp) Although these common lake inhabitants look similar to many underwater plants, they are actually algae. Chara are green or gray -green colored algae that grow completely submersed in shallow (4 cm) to deep (20 m) water. Individuals can vary greatly in size, ranging from 5 cm to 1 in in length. These algae are identifiable by their strong skunk -like or garlic odor, especially evident when crushed. Chara, like other algae, do not produce flowers. Instead, microscopic, one -celled sex organs called oogonia are formed. These tiny organs and patterns in the cases that surround them are used to distinguish between species. Tiny spores are produced in fruiting bodies. In some species the fruiting bodies are orange and very conspicuous. In addition, Chara may be attached to the bottom by root -like structures called holdfasts. Plant -like algae (Nitella, sp.) Nitellas are bright green algae that often are mistaken for higher plants because they appear to have leaves and stems. These long, slender, delicate, smooth -textured algae lie on the bottom of a lake or pond and are seldom found in the water column. They often grow in deeper water than flowering plants and frequently form a thick carpet or grow in clumps along the bottom. Whorls of forked branches are attached at regularly spaced intervals along the "stems". Nitellas sometime grow together with muskgrasses (Chara spp.), another plant -like algae, to form underwater meadows. The plant has no true leaves. Six -eight evenly forked branchlets grow in whorls at regularly spaced intervals along the "stem". Unlike the rough branchlets of most muskgrasses (Chara spp.), Nitella branchlets have a smooth texture. Nitellas have no true stems, but have hollow, stem -like structures that have whorls of forked branches along their entire length. The largest Nitella species have "stems" up to 2 in long. The plant does not bear flowers; instead they have microscopic spore -producing organs. The plants may be attached to the bottom by root -like structures called holdfasts or be floating free above the sediment. Nitellas provide cover for fish, food for fish and waterfowl, and stabilize the sediment. Because they have no roots, they remove nutrients directly from the water. Nitellas are considered desirable species in Washington. 5.2 Non -Native Aquatic Plants in Steel Lake As with native aquatic plants, annual systematic surveys performed on Steel Lake have identified and located non-native aquatic vegetation. From this information, control strategies have been developed. Plant location maps may be found in all Steel Lake Annual reports, 2004-2011. During this period, the Steel Lake non-native aquatic plant community has been limited to four noxious species: Eurasian watermilfoil (Myriophyllum spicatum) Class B; Fragrant water lily (Nymphaea odorata) Class C; Yellow flag iris (Iris pseudacorus) Class C; and Japanese knotweed (Polygonum spidatum) Class B. The following sections describe these non-native plant species in greater detail. 16 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 5.2.1 Non -Native Emergent Plants The non-native emergent plants noted in Steel Lake are as follows: Yellow flag iris (Iris pseudacorus) Yellow flag iris is a Class C Noxious Weed. Yellow flag iris is native to mainland Europe, the British Isles, and the Mediterranean region of North Africa and was introduced widely in western Washington as a garden ornamental, the earliest from Lake McMurray in Skagit County in 1948. The yellow flowers are a distinguishing characteristic, and when not in flower, it may be confused with cattail (Typha sp.) or broad -fruited bur -reed (Sparganium eurycarpum).Yellow flag iris is considered an obligate wetland species, with a >99% probability of occurring in wetlands as opposed to upland areas. The plants produce large fruit capsules and corky seeds in the late summer. Yellow flag iris can spread by both seeds and by rhizome growth, where it can form dense stands that can exclude even the toughest native wetland species, such as Typha latifolia (cattail). In addition to threatening plant diversity, this noxious weed can also alter hydrologic dynamics through sediment accretion along the shoreline. This species produces prolific seeds that may easily transport downstream to invade other valuable resource areas. Yellow flag iris continues to populate shoreline areas of Steel Lake, but its numbers are decreasing as it has been effectively targeted for treatment through the LMD aquatic plant management program. Japanese knotweed (Polygonum cuspidatum) Japanese knotweed (Polygonum cuspidatum) is a Class B Noxious Weed. It is an escaped ornamental that is becoming increasingly common along stream corridors and rights -of -way in Washington. The plant has spreading rhizomes and numerous reddish -brown, freely branched stems. It can reach four to eight feet in height and is often shrubby. Although not formally listed as an aquatic plant by the Department of Ecology, Japanese knotweed can form dense stands that crowd out all other vegetation, degrading native plant and animal habitat. It is difficult to control because it has an extremely vigorous deep and dense rhizomes mat system. In addition, the plant can re -sprout from fragments to create new shoreline infestations. Japanese knotweed (JK) was documented to be colonizing a very small area on one single property shoreline along South 308'h Street. After two successive glyphosate treatments ending in 2009, it has been successfully eradicated. 5.2.2 Non -Native Rooted Floating -Leaved Plants The only non-native rooted floating -leaved plant noted in Steel Lake is: Fragrant water lily/ White water lily (Nymphaea odorata) Fragrant water lily is a Class C Noxious Weed. Fragrant waterlilies are water plants with floating leaves and large, many -petaled fragrant blossoms. Requests for waterlily control represent a high percentage of the herbicide permit requests received by the Department of Ecology. 17 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN The hardy white and (sometimes) pink lilies have become naturalized in Washington lakes and rivers. These plants are native to the eastern United States and it is believed that the waterlily was introduced to Washington in the late 1800s. Water lilies have been intentionally planted in many Washington lakes, especially those lakes in western Washington. Lake residents are strongly discouraged from planting fragrant waterlilies in lakes or natural waterbodies because they are aggressive plants. Oftentimes "hitchhiker" plants such as hydrilla can also be introduced to our lakes when water lilies are planted. Shallow lakes like Steel Lake are particularly vulnerable to becoming completely covered by fragrant waterlilies. Left unmanaged, waterlilies will restrict lake -front access and eliminate swimming opportunities. Waterlilies grow in dense patches, excluding native species and even creating stagnant areas with low oxygen levels underneath the floating mats. These mats make it difficult to fish, water ski, swim, or even paddle a canoe through. Although relatively slow -spreading, waterlilies will eventually colonize shallow water depths to six feet deep and can dominate the shorelines of shallow lakes. Waterlilies reproduce by seed and also by new plants sprouting from the large spreading roots (underground stems called rhizomes). A planted rhizome will cover about a 15-foot diameter in about five years. Each spring (April) new shoots appear from the rhizomes and grow up through the water until they reach the surface. The flowers appear from June to September. Root systems are tenacious, and if pieces of the rhizome are broken off during control efforts, they will drift to other locations and establish a new patch of lilies. Fragrant waterlily continues to populate sporadic areas of Steel Lake, but their numbers are decreasing as they have been effectively targeted for treatment through the LMD aquatic plant management program. 5.2.3 Non -Native Submerged Macrophytes The only non-native submerged macrophyte noted in Steel Lake is as follows: Eurasian watermilfoil (Myriophyllum spicatum) Eurasian watermilfoil (milfoil) is a Class B Noxious Weed. Because it is widely distributed and difficult to control, milfoil is considered to be the most problematic aquatic plant in Washington. The introduction of milfoil can drastically alter a waterbody's ecology. Milfoil forms very dense mats of vegetation on the surface of the water. These mats interfere with recreational activities such as swimming, fishing, water skiing, and boating. Milfoil is an attractive plant with feathery underwater foliage. Once commonly sold as an aquarium plant, milfoil originated from Europe and Asia. It was introduced to North America fifty to one -hundred years ago. The first known specimen of milfoil in Washington was collected from Lake Meridian near Seattle in 1965. By the mid-1970s it was also found in Lake Washington. Now milfoil is found throughout the Northwest; and in western Washington, has spread up and down the Interstate 5 corridor. Some tips to identify milfoil: • Count the pairs of leaflets. Milfoil usually has twelve or more pairs on each leaf. 18 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Milfoil leaves tend to collapse around the stem when removed from the water. Other milfoil species have thicker stems and are usually more robust. • The mature leaves are typically arranged in whorls of four around the stem. Milfoil is an extremely adaptable plant, able to tolerate and even thrive in a variety of environmental conditions. It grows in still to flowing waters, roots in water depths from one to ten meters (regularly reaching the surface while growing in water three to five meters deep), and can survive under ice. Relative to other submersed plants, milfoil requires high light, has a high photosynthetic rate, and can grow over a broad temperature range. Milfoil grows best on fine - textured, inorganic sediments and relatively poorly on highly organic sediments. The sheer mass of milfoil plants can interfere with water flow to cause flooding. Stagnant mats can create good habitat for mosquitoes. Milfoil mats can rob oxygen from the water by preventing the wind from mixing the oxygenated surface waters to deeper water. The dense mats of vegetation can also increase the sedimentation rate by trapping sediments. Milfoil also starts spring growth sooner than native aquatic plants and can shade out these beneficial plants. When milfoil invades new territory, the species diversity of nearby aquatic plants typically declines. While some species of waterfowl will eat milfoil, it is not considered to be a good food source. Mono -specific stands of milfoil provide poor habitat for waterfowl, fish, and other wildlife. Significant rates of plant sloughing and leaf turnover, as well as the decomposition of high biomass at the end of the growing season, increase the internal loading of phosphorus and nitrogen to the water column. Dense milfoil mats alter water quality by raising pH, decreasing oxygen under the mats, and increasing temperature. Milfoil exhibits an annual pattern of growth. In the spring, shoots begin to grow rapidly as water temperatures approach 15 degrees centigrade. When they near the surface, shoots branch profusely, forming a dense canopy. The leaves below one -meter senesce in response to self - shading. Typically, plants flower upon reaching the surface (usually in mid- to late -July). After flowering, plant biomass declines as the result of the fragmentation of stems. Where flowering occurs early, plant biomass may increase again later in the growing season and a second flowering may occur. During fall, plants die back to the root crowns, which sprout again in the spring. Milfoil frequently over -winters in an evergreen form and may maintain considerable winter biomass. Although Milfoil can potentially spread by both sexual and vegetative means, vegetative spread is considered the major method of reproduction. During the growing season, the plant undergoes auto -fragmentation. The abscising fragments often develop roots at the nodes before separation from the parent plants. Fragments are also produced by wind and wave action and boating activities, with each fragment having the potential to develop into a new plant. Milfoil can easily be transported from lake to lake on boat trailers or fishing gear. Milfoil continues to re -infest areas of Steel Lake as it is transported into the waterbody via boats, trailers or waterfowl. But its densities have been held mostly in -check as it has been effectively targeted for early identification and treatment through the LMD aquatic plant management program. 19 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 6.0 AQUATIC PLANT CONTROL ALTERNATIVES The aquatic plant management control goals outlined in the 2014-2023 Steel Lake Management District Plan (SLMDP) are based on, at a minimum, controlling three identified non-native plant communities: milfoil, fragrant water lily, and yellow flag iris. To some extent, native submerged plants may be also controlled if they are determined to impact the beneficial uses of the lake. The feasibility of the different plant control techniques will defend on the specific aquatic plant and the degree of control desired. This section outlines common metliods used to control aquatic vegetation including their advantages and disadvantages, and their suitability for Steel Lake. 6.1 Aquatic Herbicides Aquatic herbicides are often required to manage freshwater noxious vegetation as the effects of the weeds may be significant and pervasive, having a serious potential to profoundly impact species diversity, habitat, water quality, recreation, water supply, drinking water, flood control, safety, and health. Aquatic herbicides are often the most effective tools to remove these invasive plants and restore the ecosystem (Ecology, 2012). Aquatic herbicides are chemicals specifically formulated for use in water to kill or control aquatic plants. Herbicides approved for aquatic use by the United States Environmental Protection Agency (EPA) have been thoroughly reviewed and are considered compatible with the aquatic environment when used according to label directions. Note that the state of Washington imposes additional constraints on their use above and beyond federal guidelines. Aquatic herbicides are sprayed directly onto floating or emergent aquatic plants or are applied to the water in either a liquid or pellet form. Systemic herbicides are capable of killing the entire plant. Contact herbicides cause the parts of the plant in contact with the herbicide to die back, leaving the roots alive and able to regrow. Non -selective, broad spectrum herbicides will generally affect all plants that they come in contact with. Selective herbicides will affect only some plants. Dicots, broad leafed plants such as Eurasian watermilfoil (Myriophyllum spicatum), will be affected by selective herbicides whereas monocots like Brazilian elodea (Egeria densa) may not be affected. The Integrated Aquatic Plant Management and Treatment Plan (Section 7) contains detailed information concerning the selected herbicide control measures used to prevent and/or halt the spread of aquatic plant species infestations to prevent potential lake degradation and to provide the opportunity for the reintroduction of native aquatic plants to Steel Lake. Because of environmental risks due to improper application practices, aquatic herbicide treatment in Washington state waters is regulated by the following restrictions: Applicators must be licensed by the Washington State Department of Agriculture. • A 2001 9th Circuit District Court decision requires that applicants obtain coverage under a National Pollutant Elimination System Discharge (NPDES) permit before they can legally apply aquatic herbicides to the waters of the state. • The Washington'Department of Ecology requires notification and posting before treatment. Mitigation to protect rare plants or threatened and endangered species is also required. 20 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 6.1.1 Aquatic Plant and Algae Management General Permit Aquatic herbicide applications on Steel Lake are covered under a State of Washington, Department of Ecology, Aquatic Plant and Algae General Permit, National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit (permit). The current 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. Permit requirements differ depending on plant growth forms and the legal status of the plant species. Impact to non -target plants is acceptable only to the extent needed to control the target plants. Ecology limits direct herbicide application to a percentage of the littoral zone for most control treatments to preserve native plant habitat. As such, one of the goals of the SLMDP will be to maintain native aquatic vegetation for habitat while allowing partial plant removal to maintain recreation and other beneficial uses (see Section 8). Compliance with the permit ensures the following: 1. That the application of pesticides will 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). 2. That all known, available, and reasonable methods of pollution control, prevention, and treatment (AKART) will be used 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. Additionally, Federal and state regulations require that effluent limits in an NPDES permit must be either technology or water quality -based: • Technology -based limitations are based upon the methods available to treat specific pollutants. Technology -based limits are set by EPA and published as a regulation or Ecology develops the limit on a case -by -case basis (40 CFR 125.3, and chapter 173-220 WAC). • Water quality -based limits are calculated so that the effluent will comply with the Surface Water Quality Standards (chapter 173-201A WAC), Ground Water Standards (chapter 173- 200 WAC), Sediment Quality Standards (chapter 173-204 WAC) or the National Toxics Rule (40 CFR 131.36). • Ecology must apply the more stringent of these limits to each parameter of concern. 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 waterbody. Therefore, 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 all noxious weeds as identified in chapter 16-750 of the Washington Administrative Code (WAC) including those targeted under the SLMDP: Eurasian water milfoil, fragrant water lily, yellow flag iris, and Japanese knotweed. 21 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN The permit has vetted all permit -covered herbicide applications through the Herbicide Risk Assessment for the Aquatic Plant Management Final Supplemental Environmental Impact Statement (Ecology, 2000). 6.1.2 Discharge Management Plan In compliance with section a S.3.1) of the permit, a detailed, site -specific Discharge Management Plan (DMP) and State Environmental Policy Act (SEPA) addendum has been prepared and approved for Steel Lake. This particular requirement is for projects where herbicide treatment areas are expected to be five or more acres. The DMP and SEPA Checklist provides a way to identify possible environmental impacts that may result from aquatic herbicide applications, and helps agency decision -makers, applicants, and the public to understand how the plan will affect the environment. The final 2010 DMP-SEPA Checklist for Steel Lake is found in Appendix F. 6.1.3 Aquatic Herbicide Control of Milfoil Within the past eleven seasons (2002-2012), Steel Lake has experienced localized Eurasian watermilfoil (milfoil) infestations that have been controlled manually through diver hand -pulling six different years. During this period, the size and scope of the infestation required permit -covered herbicide treatments on four different occasions. Each time, the infestations have reacted well to partial lake herbicide spot applications using 2,4-D AquaKleen® (2002), 2,4-D DMA*1VM (2005), and Triclopyr Renovate OTT (2009 and 2010). The Washington State Noxious Weed Control Board (WAC Chapter 16-750) lists milfoil as a Class B Weed: a non-native species that is designated for control in regions where it is not yet wide- spread, and where preventing new infestations is a high priority (as is the case with Steel Lake). Milfoil, when detected in Steel Lake, shall be treated with aquatic herbicide only under State of Washington, Department of Ecology, Aquatic Plant and Algae General Permit, National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit coverage. When the aquatic plant surveys have detected milfoil in densities that require herbicide treatment, the contracted aquatic biologist will consult with SWM staff in the selection of the most appropriate product to be used (based on location of plants, product effectiveness, swimming restrictions, and cost). The current permit authorizes the Permittee to discharge the following herbicide products designated for milfoil control into freshwaters of the state: • 2,4-D: 2,4-Dichlorophenoxyacetic acid, butoxyethyl ester • 2,4-D: 2,4-Dichlorophenoxyacetic acid, dimethylamine salt (DMA*IVM) • Triclopyr TEA: Triethylamine salt of 3,5,6-trichloro-2-pyridyloxyacetic acid 6.1.4 Aquatic Herbicide Control of Fragrant Waterlily Fragrant waterlily has historically infested Steel Lake, inhabiting near shore areas around the lake. Per the Washington State Noxious Weed Control Board (WAC Chapter 16-750), fragrant water lily is a Class C Weed: a non-native weed that requires a Iong-term program of suppression and control. Under permit coverage, Steel Lake has seen progressive eradication of fragrant waterlily during the first ten-year LMD (2003-2013) through implementation of selective herbicide treatments. 22 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN The current permit authorizes the Permittee to discharge the following herbicide into freshwaters of the state: • Glyphosate: N-(phosphonomethyl)glycine, isopropylamine salt Glyphosate (trade names include Rodeo, AquaMaster, and AquaPro) is a systemic, broad spectrum herbicide registered by the United States Environmental Protection Agency (USEPA) for aquatic applications to floating -leaved plants and shoreline plants; it has no water use restrictions. It is generally applied as a liquid to the leaves. Plants treated with glyphosate can take several weeks to die and a repeat application is often necessary to remove plants that were missed during the first application. The active ingredient in glyphosate moves through the plant from the point of foliage contact into the root system. Visible effects on most annual weeds occur within two to four days, seven days or more on most perennial weeds, and thirty days or more on most woody plants. It is known that extremely cool or cloudy weather following treatment may slow the activity of this product and can delay visual effects of control. Visible effects include gradual wilting and yellowing of the plant, which will advance to complete browning of above -ground growth and deterioration of underground plant parts. Glyphosate has been very effective for treatment of fragrant waterlily colonies on Steel Lake because it can be applied directly to the floating leaves) making it easier to kill the targeted vegetation (unlike fluridone or endothall which must be applied to the water). Generally two applications of glyphosate have been required (second applications are made later in the summer to control plants missed during the first herbicide application). The control effectiveness of fragrant waterlily is easy to measure through visual surveys of the impact to floating leaves. One drawback of using herbicides has been the `uplifting" of mats of decomposing waterlily roots that form large floating islands in the waterbody after treatments killed the plants. Floating mats were problematic at the implementation of the LMD in 2003, but have since become non-existent as the densities of the lily colonies have been severely diminished over time. 6.1.5 Aquatic Herbicide Control of Emergent Vegetation: Yellow Flag Iris and Japanese Knotweed Yellow flag iris and Japanese knotweed have historically infested Steel Lake. Under permit coverage, Steel Lake has seen the gradual eradication of yellow flag iris and the complete eradication of Japanese knotweed during the first ten-year LMD (2003-2013) through the application of selective herbicides. Per the Washington State Noxious Weed Control Board (WAC Chapter 16-750), Yellow flag iris is a Class C Weed (a non-native weed that requires a long-term program of suppression and control); and Japanese knotweed is a Class B Weed (a non-native species that is designated for control in regions where it is not yet wide -spread and where preventing new infestations is a high priority, as is the case with Steel Lake). The current permit authorizes the Permittee to discharge the following herbicide into freshwaters of the state: • Glyphosate: N-(phosphonomethyl)glycine, isopropylamine salt 23 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN These emergent species have abundant leaf surface areas that absorb the chemical for translocation. As Japanese knotweed is resistant to foliar application, stem injection of glyphosate has been accomplished. The use of glyphosate herbicide has enabled the elimination of mature plants without the destructive disturbance of the shoreline by excavation. Future applications will ensure that experienced herbicide applicators will selectively target individual weed species to limit collateral damage to other native plant species. The application of glyphosate to emergent plants (Yellow flag iris, and Japanese knotweed) has also allowed specific areas to be targeted for removal by manual spot applications on private property, which requires Temporary Rights of Entry granting the city and its agents (AquaTechnex) access to complete treatments of the emergent weeds. 6.1.6 Aquatic Herbicide Control of Native Aquatic Plants The permit covers aquatic plant management activities including partial plant removal for recreation and other beneficial uses. Permit requirements differ depending on plant growth and the legal status of the plant species. Following aquatic plant surveys, or when lake residents report native plant growth in densities that may be impacting the beneficial uses of the lake (i.e. swimming, boating, fishing), the contracted aquatic biologist will be asked to provide their professional judgment regarding the need for control of native aquatic plants via herbicide treatment. The Steel Lake Advisory Committee (SLAG) will have the authority to approve or disapprove of contractor recommendations for native plant control. When required, the contracted aquatic biologist will consult with both SWM staff and the SLAC in the selection of the most appropriate herbicide product to be used (based on targeted plant species, location of plants, product effectiveness, swimming restrictions, and cost). The permit has vetted all permit -covered herbicide applications through the Herbicide Risk Assessment for the Aquatic Plant Management Final Supplemental Environmental Impact Statement. The current permit authorizes the Permittee to discharge the following herbicides (expected products for native submerged vegetation control, i.e. Chara, spp. and Nitella, sp.) into freshwaters of the state: • Diquat: Dibromide salt of 6,7-dihydrodipyrido (1,2-a:2',1"-c) pyrazinediium ■ Endothall: Dipotassium salt of 7-oxabicyclo[2.2.1]heptane-2,3dicarboxylic acid • Endothall: mono(N,N-dimethylalkyalmine) salt of 7- oxabicyclo[2.2.1]heptane-2,3- dicarboxylic acid ■ Imazamox:2-[4,5-dihydro-4-methyl-(1-methylethyl)-5-oxo-lH-imidazol-2y1]-5- (methoxymethyl)-3-pyridinecarboxylic acid Aquatic Herbicide Control Advantages Aquatic herbicides are easily applied around docks and underwater obstructions. Aquatic herbicide application can be less expensive than other aquatic plant control methods, especially when used in controlling wide -spread infestations of state -listed noxious aquatic weeds. Aquatic Herbicide Control Disadvantages • Some herbicides have swimming, drinking, fishing, irrigation, and water use restrictions. • Non -targeted plants as well as nuisance plants may be controlled or killed by some herbicides. 24 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN • Depending on the herbicide used, it may take several days to weeks or several treatments during a growing season before the herbicide controls targeted plants. • Rapid -acting herbicides may cause low oxygen conditions to develop as plants decompose. Low oxygen may cause fish kills. • To be most effective, herbicides must be applied to rapidly -growing plants during the growing season only. • Some expertise in using herbicides is necessary in order to be successful and to avoid unwanted impacts. • Public perception to the application of chemicals to water can be unfavorable. Aquatic Herbicide Control Suitability for Steel Lake The application of aquatic herbicides, in combination with other aquatic plant control methods, substantially increases the likelihood of eradicating all targeted noxious aquatic plants (and native aquatic plants when warranted) from Steel Lake. In situations where eradication is the goal, the application of aquatic herbicides is the most aggressive and prudent method to rapidly reduce vegetation coverage and readily allows for other methods such as bottom barrier installations and diver hand pulling. 6.2 Manual Methods A number of manual methods for both non-native and native vegetation control in Steel Lake have been implemented from 2004 to 2011 during the duration of the Lake Management District (LMD). The following describes commonly used manual methods: 6.2.1 Hand -Pulling Diver hand -pulling of aquatic plants in Steel Lake (specifically Eurasian watermilfoil) has been successfully implemented when the number of plants has been small (2003, 2005, 2006, 2008, and 2011). The process is similar to pulling weeds out of a garden. It involves removing entire plants (leaves, stems, and roots) from the area of concern and disposing of them in an area away from the shoreline. In water less than three feet deep no specialized equipment is required, although a spade, trowel, or long knife may be needed if the sediment is packed or heavy. In deeper water, hand - pulling is best accomplished by divers with SCUBA equipment and mesh bags for the collection of plant fragments. Some sites in Steel Lake may not be suitable for hand pulling such as areas where there are deep flocculent sediments. 6.2.2 Cutting or Raking Cutting differs from hand pulling in that plants are cut and the roots are not. removed. Cutting is performed by standing on a dock or on shore and throwing a cutting tool (weed rake) out into the water. Weed rakes may only be used on Steel Lake to the minimum extent necessary to maintain beneficial use of the shoreline (not to exceed the maximum length of ten linear feet), as specified in the WDFW Aquatic Plants and Fish pamphlet (Appendix H). The Steel Lake LMD has implemented a weed rake loan program that provides Steel Lake residents an opportunity to borrow rakes that are designed especially for the control of native aquatic 25 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN vegetation. Rakes may be checked out once the Lake Management District determines that the targeted area does not contain milfoil or other submerged non-native vegetation. Each year on September 15, the program is shut down pursuant to WDFW pamphlet requirements. Weed rakes have been used as necessary by lake residents from 2004 to 2011 to maintain the beneficial uses of the shoreline for fishing, boating and swimming. In addition, the City of Federal Way Parks and Recreation staff has also utilized aquatic weed rakes to remove unwanted native plants from the public swimming area prior to the opening of swimming season. Lake residents and City staff have been able to control native aquatic plants using two different styles of rakes depending on the type of plant targeted: a rake with a sharp cutting blade for submerged vegetation, and a rake with large tines for control of floating or slightly submerged plants. 6.2.3 Weed Rolling Several automatic plant control products are commercially available that mechanically disturb the lake bottom to remove aquatic plants and prevent their re -growth within a well-defined area. They sweep, roll, or drag repetitively over the plants and sediments to keep the area free of aquatic plant growth. These devices must be attached to a dock or post to work properly and each product requires electricity to operate. Depending on the equipment used, up to a 42-foot radius around the dock or post can be controlled. Manual Method Advantages • Manual methods are easy to use around docks and swimming areas. • The equipment is inexpensive. ■ Hand -pulling allows the flexibility to remove undesirable aquatic plants while leaving desirable plants. • These methods are environmentally safe and will not harm aquatic wildlife. ■ Manual methods do not require expensive permits, and can be performed on aquatic noxious weeds with Hydraulic Project Approval obtained by reading and following the WDFW Aquatic Plants and Fish pamphlet. Manual Method Disadvantages • As plants re -grow or fragments re -colonize the cleared area, the treatment may need to be repeated several times each summer. • Because these methods are labor intensive, they may not be practical for large areas or for thick weed beds. • Even with the best containment efforts, it is difficult to collect all plant fragments. ■ Some plants, like waterlilies which have massive rhizomes, are difficult to remove by hand pulling. • Pulling weeds and raking stirs up the sediment and may make it difficult to see remaining plants. 26 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN ■ Sediment re -suspension can also increase nutrient levels in lake water. Hand pulling and raking may impact bottom -dwelling animals. ■ The V-shaped cutting tool is extremely sharp and can be dangerous to use. Manual Method Suitability for Steel Lake Annual diver hand -pulling (when appropriate), should be sufficient to remove small quantities of re-emerging milfoil plants. In combination with herbicide treatments (when warranted), manual methods used to contain and control can effectively combat milfoil re -infestations in subsequent years. • Due to the success of herbicide (glyphosate) treatments, manual efforts for the control of fragrant water lily and yellow flag iris is not necessary. • The weed rake load program for Steel Lake has proven to be successful. The LMD ensures that the rakes should only be used to the minimum extent necessary to maintain beneficial use of the shoreline (not to exceed the maximum length of ten linear feet), as specified in the WDFW Aquatic Plants and Fish pamphlet. 6.3 Diver Dredging Diver dredging (suction dredging) is a method whereby SCUBA divers use hoses attached to small dredges to suck plant material from the sediment. The purpose of diver dredging is to remove all parts of the plant including the roots. Diver dredging is more effective in areas where softer sediment allows easy removal of the entire plants, (although water turbidity is increased with softer sediments). Harder sediment may require the use of a knife or tool to help loosen sediment from around the roots. In very hard sediments, milfoil plants tend to break off leaving the roots behind and defeating the purpose of diver dredging. Diver dredging is less effective on plants where seeds, turions, or tubers remain in the sediments to sprout the next growing season. For that reason, Eurasian watermilfoil is generally the target plant for removal during diver dredging operations. Diver Dredging Advantages ■ Diver dredging can be a very selective technique for removing pioneer colonies of Eurasian watermilfoil. - ■ Divers can remove plants around docks and in other difficult to reach areas. ■ Diver dredging can be used in situations where herbicide use is not an option for aquatic plant management. Diver Dredging Disadvantages • Diver dredging is very expensive. 27 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN • Dredging stirs up large amounts of sediment. This may lead to the release of nutrients or long - buried toxic materials into the water column. • Only the tops of plants growing in rocky or hard sediments may be removed, leaving a viable root crown behind to initiate growth. ■ Acquisition of permits may take more than a year. Diver Dredging Permit Requirements Diver dredging requires Hydraulic Approval from the Department of Fish and Wildlife and a Temporary Modification of Water Quality Standards from Ecology. Also diver dredging may require a Section 404 permit from the U.S. Army Corps of Engineers. Diver Dredging Suitability for Steel Lake Although diver dredging could be used after the initial herbicide applications to remove plants that were missed or unaffected by the herbicide, the method greatly disturbs sediments and can affect nutrient concentrations and algal production in the lake. Therefore, because other removal and control techniques have proven to be successful, diver dredging is not considered suitable for Steel Lake. 6.4 Bottom Barriers A bottom screen or benthic barrier covers the sediment like a blanket, compressing aquatic plants while reducing or blocking light. Materials such as burlap, plastics, perforated black Mylar, and woven synthetics can all be used as bottom screens. Bottom barriers will control most aquatic plants however freely -floating species will not be controlled by bottom screens. In addition to controlling nuisance weeds around docks and in swimming beaches, bottom barriers have become an important tool to help eradicate and contain early infestations of noxious weeds such as Eurasian watermilfoil and Brazilian elodea. Pioneering colonies that are too extensive to be hand pulled can sometimes be covered with the bottom barrier material. When using this technique for Eurasian watermilfoil eradication projects, divers should recheck the barrier within a few weeks to make sure that all milfoil plants remain covered and that no new fragments have taken root nearby. The less plant material that is present before installation, the more successful the barrier will be in staying in place. Bottom Barrier Advantages • Installation of a bottom barrier creates an immediate open area of water. ■ Bottom barriers are easily installed around docks and in swimming areas. • Properly installed bottom barriers can control up to 100 percent of aquatic plants. • Barrier materials are readily available. 28 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Bottom Barrier Disadvantages • Bottom barriers are only suitable for localized control. • For safety and performance reasons, bottom barriers must be regularly inspected and maintained. • Harvesters, rotovators, fishing gear, propeller backwash, or boat anchors may damage or dislodge bottom barriers. • Improperly anchored bottom barriers may create safety hazards for boaters and swimmers. • Swimmers may be injured by poorly maintained anchors used to pin bottom barriers to the sediment. • Some bottom barriers are difficult to anchor on deep muck sediments. • Bottom barriers interfere with fish spawning and bottom -dwelling animals. • Without regular maintenance aquatic plants may quickly colonize the bottom barrier. Bottom Barrier Permit Requirements Bottom barrier installation in Washington requires an hydraulic approval obtained from the Department of Fish and Wildlife. In addition, the City of Federal Way Community Development must review each installation to determine whether a shoreline permit is required. Bottom Barrier Suitability for Steel Lake Several bottom barriers have been installed by individual lakefront homeowners prior to 2001, and they appear to have held up quite well. LMD-funded and/or contractor -installed bottom barriers have not been required. They will only be used to eradicate localized infestations, or when dense milfoil areas show resistance to herbicide applications. 6.5 Biological Control Many problematic aquatic plants in the western United States that are non -indigenous species (i.e Eurasian watermilfoil) may be controlled biologically by organisms from their native ranges. Classic biological control agents are host -specific and attack the growth or reproduction of only the species that are targeted for control. Theoretically, by stocking an infested waterbody or wetland with these organisms, the target plant can be controlled, allowing native plants to recover. The following list outlines a number of approved biological control agents that are available for release in the United States: 6.5.1 Grass Carp The grass carp (Cteno pharynogodon), also known as the white amur, is a vegetarian fish native to the Amur River in Asia. Because this fish feeds on aquatic plants, it can be used as a biological tool to control nuisance aquatic plant growth. In some situations, sterile (triploid) grass carp may be permitted for introduction into Washington waters. 29 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN The Washington Department of Fish and Wildlife determines the appropriate stocking rate for each waterbody when issuing a grass carp -stocking permit. Success with grass carp in Washington has been varied (sometimes the same stocking rate results in no control, control, or even complete elimination of all underwater plants). Grass carp should be stocked only in waterbodies where complete elimination of all submersed plant species can be tolerated. Grass Carp Advantages • Grass carp are inexpensive compared to some other control methods and offer long-term control. • Grass carp offer a biological alternative to aquatic plant control. Grass Carp Disadvantages • Depending on plant densities and types, it may take several years to achieve plant control using grass carp and in many cases control may not occur. • If the waterbody is overstocked, all submersed aquatic plants may be eliminated. Removing excess fish is difficult and expensive. • The type of plants grass carp prefer may also be those most important for habitat and for waterfowl food. • Fish may need to be restocked at intervals • If not enough fish are stocked, less -favored plants, such as Eurasian watermilfoil, may take over the lake. • Stocking grass carp may lead to algae blooms due to a sudden loading of fecal -related nutrients. • All inlets and outlets to the lake or pond must be screened to prevent grass carp from escaping into streams, rivers, or other lakes. Grass Carp Permit Requirements Stocking grass carp requires a fish -stocking permit from the Washington Department of Fish and Wildlife. Also, if inlets or outlets need to be screened, a Hydraulic Project Approval application must be completed for the screening project. Grass Carp Suitability for Steel Lake Grass carp are not suitable for aquatic plant control in Steel Lake. Infestations of milfoil have not reached levels where a bio-control such as grass carp would be necessary. The lake also has an outlet stream that eventually flows into Puget Sound, making it much more difficult to obtain the permits necessary to stock grass carp. 30 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 6.5.2 Watermilfoil Weevil The milfoil weevil, Euhrychiopsis lecontei, has been associated with declines of Eurasian watermilfoil (Myriophyllum spicatum) in the United States (e.g., Illinois, Minnesota, Vermont, and Wisconsin). In Washington State, the milfoil weevil is present primarily in eastern Washington and occurs on both Eurasian and northern watermilfoil (M. sibiricum), the latter plant being native to the state. Although the milfoil weevil shows potential as a biological control for Eurasian watermilfoil, more work is needed to determine which factors limit weevil densities and what lakes are suitable candidates for weevil treatments in order to implement a cost and control effective program. Watermilfoil Weevil Advantages ■ Milfoil weevils offer a biological alternative to aquatic plant control. + They may be cheaper than other control strategies. • Biocontrols enable weed control in hard -to -access areas and can become self-supporting in some systems. ■ If they are capable of reaching a critical mass, biocontrols can decimate a weed population. Watermilfoil Weevil Disadvantages ■ There are many uncertainties as to the effectiveness of this biocontrol in western Washington waters. There have not been any documented declines of Eurasian watermilfoil in Washington State that can be attributed to the milfoil weevil. ■ Bio-controls often do not eradicate the target plant species., Watermilfoil Weevil Permit Requirements The milfoil weevil is native to Washington and is present in a number of lakes and rivers. It is found associated with both native northern milfoil and Eurasian watermilfoil. However, importing out-of- state weevils into Washington requires a permit from the Washington Department of Agriculture. Watermilfoil Weevil Suitability for Steel Lake Since the milfoil weevil is a new bio-control agent, it has not been released yet intentionally in western Washington to control Eurasian watermilfoil, therefore it is uncertain how effective the weevil will be and whether populations per stem can be maintained at levels high enough to eradicate Eurasian watermilfoil. Milfoil infestations in Steel Lake have not been severe enough to warrant bio-control introduction of watermilfoil weevil as other methods are readily available and more suitable. 6.6 Rotovation Rotovators are underwater rototiller-like blades that are used to uproot submerged aquatic plants. The rotating blades churn seven to nine inches deep into the lake bottom to dislodge plant root crowns that 31 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN are generally buoyant. The plants and roots may then be removed from the water using a weed rake attachment to the rototiller head or by harvester or manual collection. 6.7 Harvesting Mechanical harvesters are large machines which both cuts and collects aquatic plants. Cut plants are removed from the water by a conveyor belt system and stored on the harvester until disposal. A barge may be stationed near the harvesting site for temporary plant storage or the harvester carries the cut weeds to shore. The shore station equipment is usually a shore conveyor that mates to the harvester and lifts the cut plants into a dump truck. Harvested weeds are disposed of in landfills, used as compost, or in reclaiming spent gravel pits or similar sites. 6.8 Mechanical Cutting Mechanical weed cutters cut aquatic plants several feet below the water's surface. Unlike harvesting, cut plants are not collected while the machinery operates. Rotovation, Harvesting or Mechanical Cutting Suitability for Steel Lake None of these options (rotovation, harvesting or mechanical cutting) are suitable for the level of non- native aquatic plant infestations expected in Steel Lake. These are not considered eradication tools but rather are used to manage and control heavy, widespread infestations of aquatic weeds. Because the process creates plant fragments, these methods may serve to spread and expand any existing infestations. According to Ecology, "There is little or no reduction in plant density with mechanical harvesting." Since the aim of the SLMDP is to eliminate non-native aquatic plants milfoil from Steel Lake, rotovation, harvesting or mechanical cutting are not compatible control strategies (harvesting and cutting do not remove root systems; and rotovation would cause damage to the lake sediments and associated animals in a system that does not already receive dredging for navigability). 6.9 Drawdown Lowering the water level of a lake or reservoir can have a dramatic impact on some aquatic weed problems. Water level drawdown can be used where there is a water control structure that allows the managers of lakes or reservoirs to drop the water level in the waterbody for extended periods of time to control some aquatic plant species. However, regular drawdowns can also make it difficult to establish native aquatic plants for fish, wildlife, and waterfowl habitat in some reservoirs. Drawdown Suitability for Steel Lake Drawdown is not a viable control strategy for Steel Lake. The outlet from Steel Lake flows through a wetland to a natural stream system, and does not have a control structure installed. Not only would drawdown be difficult to achieve, it would also cause significant damage to the ecosystem. The amount 32 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN of drawdown required to impact milfoil would dry out the littoral zone of the lake. This would damage native plants and animals in both the lake and the adjacent wetland and have many negative consequences for residents living around the lake. Without a surface inflow to the system, returning the water level to a previous state would be both cost and time prohibitive. 6.10 No Action Alternative The no action alternative acknowledges the presence of invasive aquatic plants in Steel Lake but does not call for any control or planning activities. No Action Advantages There are few advantages to "doing nothing" to control or prevent the further spread of invasive aquatic plants; however, there may be a perception of saving money by not investing in activities such as herbicide application or mechanical control methods. No Action Disadvantages The no action alternative may result in long-term deleterious effects on the ecology, recreational uses and aesthetics of Steel Lake. Invasive aquatic plants disrupt dissolved oxygen patterns, displace native plant species, and impair navigation. While changes to water quality may be less obvious, their seasonal and long-term impacts can seriously threaten features that attract homeowners, outdoor enthusiasts, anglers, and boaters to Steel Lake. No Action Suitability for Steel Lake Based upon the recurrent milfoil infestations of Steel Lake, the "no action" alternative is not appropriate for Steel Lake. 7.0 INTEGRATED AQUATIC PLANT MANAGEMENT AND TREATMENT PLAN The following Integrated Aquatic Plant Management and Treatment Plan for Steel Lake provides information regarding the selected aquatic plant management control measures designed to halt the spread of aquatic plant species infestations, to prevent potential lake degradation, and to provide the best opportunity for the reintroduction of native aquatic plants: ■ Annual diver surveys will be performed by a contracted aquatic plant management firm to monitor changes in the aquatic plant community. • An aquatic biologist will develop a management plan for all identified non-native aquatic plants to target them for control at as low a density as environmentally and economically feasible and at levels that do not impact public safety or the beneficial uses of the lake. • All aquatic herbicides will be applied per a State of Washington, Department of Ecology, Aquatic Plant and Algae General Permit, National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit (permit). 33 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN All identified species of noxious weeds as listed in WAC 16-750 shall be reduced to levels that do not impact public safety or the beneficial uses of the lake. All appropriate aquatic plant control and treatment methods shall be used as needed for all other problematic aquatic weeds and native aquatic plants, using the best available science to identify and understand their effects on human, aquatic and terrestrial ecosystems prior to their implementation. Each year, the SLAC will review the findings of the annual diver survey, and in consultation with the contracted aquatic biologist, will determine the direction of the annual plant management and treatment plan. The aquatic plant species in Steel Lake targeted for eradication are expected to be: Eurasian watermilfoil (Myriophyllum spicatum), fragrant water lily (Nymphaea odorata), and yellow flag iris (Iris pseudacorus). In addition, native aquatic weeds (i.e., thin -leafed pondweed and submerged macro algae) may also be controlled when warranted. Manual methods will be implemented by lake residents per stipulations outlined in Section 6.2.2. Aquatic herbicides may also be used to control native vegetation to levels that do not impact fish and wildlife habitat when the contracted aquatic biologist has documented that their densities are impairing public safety or the beneficial uses of the lake (Section 6.1.6), and when the SLAC concurs with this determination. 8.0 PRESERVATION OF NATIVE VEGETATION AND AQUATIC HABITAT Noxious freshwater aquatic weeds, if left unchecked, pose a serious threat'to our State's water bodies. The historical presence of non-native aquatic plants in Steel Lake has been shown to impair the use and aesthetic value of the lake. Because of Steel Lake's shallow characteristics, aquatic plants have the potential to restrict the available area for recreation activities such as fishing, swimming and boating. In addition, other regional lakes are in danger of becoming infested with noxious or invasive aquatic plants that are transported from Steel Lake via boat, boat trailer or waterfowl. Since 2001, the year -by -year systematic eradication of noxious aquatic plant species in Steel Lake has allowed for the re -introduction of desirable native aquatic plants. In theory, the integrated approach implemented during the first Steel Lake LMD (2003-2013), has improved fish and wildlife habitat and the overall ecological health of Steel Lake by assuring that the native aquatic vegetation propagates and that habitat is preserved. The text below, adapted from the Department of Fish & Wildlife Aquatic Plants and Fish Publication, illustrates the importance of aquatic habitat preservation: Aquatic noxious weeds can adversely affect ecological functions by crowding out native vegetation and creating single species stands. While it is recognized that native aquatic plants can become a nuisance to swimmers and boaters due to excessive growth, it is important to recognize the value of native plant species for fish and wildlife. These native plants provide habitat for fish and wildlife, help stabilize shorelines, produce oxygen, trap beneficial nutrients, and keep sediment in place. 34 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN For example, pondweed is a critical food source for waterfowl and marsh birds. Pondweed also provides cover from predators for warmwater fish such as perch and bass. Aquatic beneficial plants are defined as native plants (such as pondweeds, bladderwort, or coontail) or non-native plants not included on the noxious weed list. Warmwater gamefish often utilize vegetation in the shallow waters of lakes for spawning, early rearing, and feeding. Largemouth and smallmouth bass generally prefer ponds and reservoirs with abundant aquatic vegetation. Bluegill, sunfish and crappie also inhabit vegetated quiet or slow -moving waters for protection from predators. Too much vegetation can result in overpopulation if predators that access prey species, while too little vegetation can adversely affect the predator prey balance and result in a decline in the fishery. Aquatic plants provide important living space for insects, snails and crustaceans, which in turn become food for fish and waterfowl. Vegetated areas support many times more of these tiny creatures than to do non -vegetated areas. The plants make important nurseries for young fish, frogs, salamanders, and other amphibians. Several species of reptiles, including turtles, garter snakes and water snakes use these areas for cover and forage (WDFW, 1998). In 2003, AquaTechnex reported that submersed native aquatic plants were scattered in moderate to dense patches around the shoreline of the lake, and that floating leaf and submerged native aquatic plants covered approximately 55 percent of the lake littoral zone. In successive years, the native plant populations in the lake were reported to be healthy as mapped. In 2010 and 2011, it was noted that the native plant community had remained healthy and relatively unchanged (however plant densities were down from the same period of time in previous years due to a multi -year pattern of summertime cooler weather). The removal of non-native plant species during the early years of the Steel Lake LMD program may have had a short-term negative impact on warmwater fish populations due to a loss of habitat cover, but as mentioned above, the removal of invasive vegetation has promoted growth of native plants and has allowed native plant species to re -seed over the long-term. Although the need to re -vegetate is not likely at this time, the goal of the SLMDP will be to continue maintaining at least 35% native aquatic vegetative cover. This level is based upon the following targets: • Washington Department of Fish & Wildlife recommended extent of native vegetative cover for fish habitat needs of 20% to 60% of the lake acreage (Jackson, 2003, WDFW, personal communication). • The Department of Ecology recommended warmwater fishery needs for native vegetative cover of 25% to 40% of the lake acreage (Hamel, 2003, Ecology, personal communication). Based on a lake surface area of 48.6 acres (AquaTechnex, 2010), the acreage needed for adequate native vegetation coverage will be calculated from the results of the annual plant survey. If there are less than 17 acres (35% coverage of the lake) of native aquatic vegetation cover, the Steel Lake Advisory Committee will determine whether mitigation measures are necessary to support wildlife species. If mitigation efforts are deemed necessary, native aquatic vegetation may be planted in the lake to supplement natural recovery efforts. Native vegetation may include floating leaved rooted plants such as Brasenia schreberi (water -shield); submerged plants such as Ceratophyllum demersum (coontail), 35 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Utricularia vulgaris (common bladderwort), and Potamogeton spp. (pondweeds); and submerged macroalgae such as Chara spp. (muskgrass) and Nitella sp. 9.0 ALGAE MANAGEMENT PLAN In 2007, the Department of Ecology began implementing an Algae Control Program that provides funding of $250,000 annually for local governments to help in. the identification (freshwater lake toxicity testing) for potential hazardous algae blooms (HAB) that pose health risks to humans, pets, and livestock. The following year, The Washington Department of Health (DOH) developed statewide recreational guidelines for blue-green algae toxins (Washington State Recreational Guidance for Microcystin and Anatoxin-A) that SWM began using as a decision -making document concerning public notification and the posting of health advisories. The following summarizes significant blue-green algae blooms occurring on Steel Lake which have been investigated under the Algae Control Program: ■ In 2009, SWM responded to two separate algae blooms: one on April 20 and one on June 3. Samples indicated the presence of blue-green algae. Microcystin toxins were detected above action levels during the April event which required the posting of Warning signs.at the public swimming beach. SWM followed through with public notifications (sign postings and email notices) to both the LMD and the public until each bloom dissipated per DOH guidance. • In 2010, SWM staff responded to a large bloom on September 14 that was reported by numerous residents and lake users. Although the presence of blue-green algae was documented, further follow-up laboratory analysis showed that toxin levels were below the DOH action level. Per DOH guidance, proper sign posting and notifications were provided until the bloom dissipated. • In 2011, SWM was awarded a four-year Freshwater Algae Control Program Grant from the Department of Ecology for the management of algal blooms occurring in City of Federal Way freshwater lakes (including Steel Lake). The grant improved and enhanced the Lake Management District's algal bloom management efforts, and assisted in our response to HAB reports, early detection investigations, water quality sampling, sample delivery/analyses, public notification, data reporting, and community outreach. In 2011, there were two separate blue-green algae blooms: June 20 and September 14. Water samples for both blooms were not toxic per the DOH guidance, but caution signs were posted at the public swimming beach until the bloom dissipated. • Since 2008, there have been five major HAB events resulting in a total of thirty nine (39) days of beach health advisories (both warning and caution) posted at the Steel Lake public swimming beach. The SLMDP, depending on the annual budget and work plan developed by the Steel Lake Advisory Committee (SLAG), will ensure that blue-green algae blooms will be competently identified when they occur, and Washington Department of Health guidelines regarding public notifications, health advisories and recreational waters closure will continue to be implemented. Through June 2014, algae management efforts will be partially funded by a Washington Department of Ecology (Ecology) Freshwater Algae Grant obtained by SWM. Additionally, Ecology has advised SWM that the blue-green algae toxicity testing component (a high priority program totally funded by 36 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN the department), will continue in perpetuity as the sunset date was removed from the legislative record (Hamel, 2012, personal communication). 10.0 WATER QUALITY MONITORING PROGRAM The King County Lake Stewardship Program Volunteer Monitoring Program for Steel Lake began in the 1980s and continued for several decades until budget cuts ended the program in 2005. Although the most recent data generated by this program (six years prior to the date of this report) indicates that Steel Lake had been relatively low in primary productivity (borderline oligotrophic to mesotrophic) with very good water quality, a significant data gap exists. The intent of a newly established water quality monitoring program will be to provide residents, scientists, lake managers, and interested individuals with current information on the water quality and physical conditions for Steel Lake. The SLAC recognizes that these data may represent the only reliable source of information for assessing current water quality, and can be used to address questions regarding the characteristics and ecology of Steel Lake. The objective of the Steel Lake Management District Water Quality Monitoring Program includes: (1) continuation of the gathering of baseline data with the intent of assessing long-term trends; (2) defining seasonal and water column variability; (3) identifying potential problems, proposing possible management solutions when feasible, or pinpointing additional studies to be made; and (4) educating lake residents, lake users, and policy makers regarding lake water quality. Water chemistry and physical characteristics in lakes vary seasonally as well as by depth over the course of a year. The most dynamic period for lakes is during the "growing season" of mid -spring through early autumn when lake dwelling organisms are most active. To maximize information obtained for this effort, the Steel Lake Water Quality Monitoring Program will involve the collection of data all year on precipitation, lake level, surface water temperature, and water clarity (with an emphasis on the hydrological balance between the lake and its watershed, as well as temperature ranges and the impacts of inputs on water clarity). Additionally, samples for water chemistry will be collected from May through October —the second emphasis being an effort on nutrient balances coinciding with much of the primary recreational period for lakes in the Pacific Northwest (which is the chief beneficial use of most of the regional lakes from the human standpoint). If part of an annual work plan approved by the SLAC, Surface Water Management staff will collect, analyze and manage the data. During the summer, water chemistry and temperature vary with depth in Steel Lake. On each sampling trip, samples will be collected from a depth of one meter. In early summer and again in late summer, samples will be collected from the surface (lm), middle, and one meter above the bottom from the deepest part of the lake to define changes found in the vertical profiles of the parameters. Ideally, lake level and precipitation will be recorded daily by lake volunteers, however, the actual scope of the water quality monitoring program will be developed and authorized by the SLAC on an annual basis. 37 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 11.0 LAKE OUTLET MAINTENANCE PROGRAM If part of an annual work plan approved by the SLAC, the following action items will be implemented to prevent future lake outlet blockages: • Perform periodic maintenance to relieve flow congestion due to fallen trees, woody debris, invasive vegetation, and trash (large appliances, shopping carts, plastic, etc.) between the lake outlet and the South 300 Street culvert crossing. • Perform hand work to better define outlet channel at northwest corner of lake. City staff has discussed establishing a long term maintenance agreement with various outlet channel property owners to ensure that this drainage system continues to be properly maintained in the future. Most of the outlet channel owners have indicated that they are willing to allow volunteers or city staff to access their property to perform channel maintenance activities as long as the work is sponsored and administered by either the City or Lake Management District and evidence of liability insurance is provided. All outlet maintenance activity will comply with all required and appropriate permitting requirements. 12.0 CANADA GEESE MANAGEMENT PROGRAM Canada geese (Branta canadensis) are among the most familiar birds in Washington. They are a source of recreation for bird watchers and hunters and symbolize nature for many people. But unfortunately, populations of resident Canada geese have dramatically increased over the past 25 years, particularly in urban areas in and around Steel Lake. These environments have few predators, no hunting prohibitions, and a dependable year-round supply of food and water. Canada geese are extremely adaptable. They use food and other resources present in urban landscapes for nesting, raising young, molting, feeding, and resting. In parks and shorelines with short grass, large flocks of geese can denude areas of vegetation and litter them with their droppings and feathers. Although Canada geese are not normally considered to be a significant source of infectious diseases that are transmittable to humans or domestic animals, their droppings are increasingly cited as a cause for water quality concerns in municipal lakes and ponds. Waterfowl feces contain large amounts of E. coliform, a bacterium that is strongly correlated with the presence of pathogens and a common cause of gastrointestinal illness contracted by swimmers who ingest lake water. Fecal matter produced by waterfowl has been demonstrated to elevate bacteria within lakes to levels which may be sufficient to cause water -quality standard violations. High bacteria levels have been known to result in swimming beach closures. "Swimmers Itch" (schistosome or cercarial dermatitis) is caused by a parasite that can be spread by goose droppings. Furthermore, waterfowl feces contain nutrients that can cause hazardous algae blooms (see Section 9.0). Elevated nutrients in a lake can also exacerbate non-native aquatic weed growth. Public health concerns presented by populations of resident Canada geese have been demonstrated by a water -quality monitoring effort conducted at Collins Lake (a 60-acre urban lake in New York). In the late 38 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 1970s and throughout the 1990s, the New York State Department of Environmental Conservation documented a dramatic increase in nutrient and algae levels directly attributable to increases in waterfowl populations over the monitoring period (Tobissen and Wheat, 2000). The Steel Lake LMD, through public education efforts, has attempted to reduce waterfowl populations through the implementation of a public education campaign. "Stop Feeding the Geese" signs have been posted at the public swimming beach. Lake residents have been informed regarding waterfowl control practices and physical installations that may be established on their property including, plant barriers and fences. Information regarding residential harassment and scare tactics (flags, streamers and scarecrows) has also been disseminated by the LMD. Although it is difficult to gauge whether public education efforts have been effective, there have been five major hazardous algae bloom events at the Steel Lake public swimming beach since 2008 (See Section 9.0) that have resulted in a total of 39 days of posted beach advisories. In public areas with favorable habitat, it is rarely desirable (or possible), to eliminate geese entirely. Ideally, management programs should strive to reduce goose numbers and related problems to a level that a community can tolerate. No single, quick -fix solution is likely to solve conflicts with geese. An integrated approach using several techniques in combination will be required for Steel Lake. Canada geese are protected under federal and state law. Therefore, if a Canada geese management program, a Cooperative Service Agreement will be established between the Waterfowl Management Committee and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS). The contract will set forth the objectives, activities and budget of the wildlife control activities for a specified period. If part of an annual work plan approved by the SLAC, the Canada geese management program will be designed to reduce/alleviate property damage and human health and safety concerns, including reducing the contamination of Steel Lake's recreational waters. A Canada geese management program will include technical assistance, population monitoring, and population control (reduction in the number of geese utilizing certain areas). The objectives of a Canada geese management program may include: ■ Technical assistance upon request, including on -site evaluation of problem areas. • Monthly surveys of Canada geese. • A direct control program (egg addling and lethal control) if needed to reduce damage in designated areas as requested. 13.0 COMMUNITY EDUCATION AND INVOLVEMENT PROGRAM Since 2004, SWM has implemented an effective public education and involvement program associated with the Steel Lake Management District. Using this model, the community education and involvement program designed per the 2014-2023 Steel Lake Management District Plan (SLMDP) will include the following elements: ■ Quarterly SLAC meetings (or as needed) to discuss annual work plan and budget. 39 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN • Production of SLAC written minutes. • Quarterly Lake View publication. • Annual Steel Lake LMD Report. • Distribution of necessary email notifications to lake resident subscribers concerning lake management activities, events and public health notices. • Production and distribution of necessary educational materials concerning the prevention/introduction of noxious weeds, nuisance plants and non-native animal species to the lake; nutrient reduction and impacts of toxic blue-green algae; lake watershed stewardship and stormwater pollution prevention; natural yard care; efforts to control non-native animal species and Canada geese 14.0 LMD ANNUAL COSTS AND COMMITTEE AUTHORIZATION The following priorities have been established for the 2014-2023 Steel Lake Management District Plan (SLMDP). These are based upon lake improvement and maintenance activities which may be implemented over the LMD's ten-year period: 1. Management of non-native aquatic plants and vegetation 2. Preservation of native vegetation and aquatic habitat 3. Management of hazardous algae blooms 4. Water quality monitoring 5. Maintenance of lake outlet channel 6. Management of Canada geese 14.1 Primary LMD Management Goal It is projected that each annual work plan will include the primary LMD goal of controlling or removing non-native aquatic plants and vegetation through contracted aquatic plant management activities. The scope, RCW reference, description and estimated annual cost for this effort is described below in Table 8: 40 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Table 8, Primary LMD Management Goal: Description and Costs for Management of Non -Native Aquatic Plants and Vegetation RCW Estimated Scope Item Description Annual Reference Cost Development of 36.61.020 (8) Estimate 30 SWM hours at $50/hour. One time cost of $1,500 $150.00 LMD spread out over ten-year LMD. Contracted Based upon AquaTechnex 2012-2015 contract and expected Aquatic Plant q 36.61.020 1 () scope, including public education materials, annual permitting, $9,790.00 Management and King County assessment collection fees (see Table 9 for detail). SWM Estimate 50 SWM man hours per year at $50/hour. Includes: Implemented 36.61.020 1 () development of annual work plan, management and oversight of $2,500.00 Aquatic Plant q contractors , finance budgeting, () g g, public education, coordination Management of SLAC meetings, notifications, and final report. PRIMARY LMD MANAGEMENT GOAL -TOTAL ANNUAL COST $12,440.00 The estimated annual cost for implementing a contracted aquatic plant management program was derived from a review of recent Steel Lake Work Plans, including the 2012 LMD budget. See Table 9 for a detailed itemization of the expected tasks and associated costs for this effort. Table 9, Estimated Annual Cost for Contracted Aquatic Plant Management Program TASK ESTIMATED ANNUAL COST Annual permit fee $500 Initial systematic survey $1,480 Treatment notifications $725 Glyphosate treatments $1,800 Milfoil treatments $1,700 Second systematic survey $1,480 Annual report $500 Public education $500 Native plant control (1 acre) $400 KC assessment fee $430 Contractor meetings $275 TOTAL $9,790 f 41 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 14.2 Optional LMD Management Goals The balance of the lake improvement and maintenance activities that may also be performed over the LMD's ten-year period (2014-2023) are considered optional and will be implemented on an as -needed basis when funds are available based upon Steel Lake Advisory Committee (SLAC) review and approval. The SLAC must formally authorize the implementation of these optional activities (see section 14.3). The scope, RCW reference, description and estimated annual cost of these goals are described below in Table 10: T .1.i., 4n 1 un RAananaman? r,nahn RCW Estimated Scope Item Reference Description Annual Cost Introduction of native plantings when warranted by Preservation of Native SLAC. Cost is based upon pricing provided in $300.00 Vegetation and Aquatic 36.61.020 (1) AquaTechnex 2012 contract. Includes labor, Habitat mobilization, and materials. (One time cost of $3,000.00). Hazardous Algae Bloom (HAB) inspections and investigations. Partially funded by a Department of Management of 36.61.020 (2), Ecology grant through 2014. Estimates based on two � $500 Hazardous Algae Blooms (6) g, delive notifications, 2 blooms per year sampling, delivery, () p Y p and follow-up. Estimate ten (10) SWM man hours at $50/hour annually. Estimate that lab costs are covered through Ecology Freshwater Algae Control Program. Estimate based on existing North Lake LMD WQ volunteer program. Estimate six (6) annual on -lake monitoring events and travel time: 14 SWM man hours SWM Implemented at $50/hour. Estimate six (6) rounds of lab sample $3,540 Water Quality Monitoring 36.61.020 (6) analysis per year. Estimate six (6) man hours of data Program management per year at $50/hour. Purchase of one YSI ODO probe ($1,200) and one lake water sampler ($500). Annually remove sediment in channel. Annually Maintenance of Lake 36.61.020 (7) perform periodic maintenance (remove vegetation and $480 Outlet Channel trash). Annual hand work to define channel. Estimate 16 SWM man hours per year at $30/hour Contract with USDA/Wildlife Services to implement Management of Canada 36.61.020 (6) annual Canada geese control activities (technical $ 2,200 Geese assistance, population monitoring, and population control) 42 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 14.3 SLAC Responsibilities/Authority The Steel Lake Advisory Committee (SLAC) will be created to represent the property owners of Steel Lake and to advise City Council during the renewed Steel Lake LMD, set to become effective the beginning of 2014. Members of the SLAC shall be appointed by the City Council following an open recruitment process approved by the City Council. Members of the SLAC shall be selected from individuals who own property or represent government bodies that own property within the LMD. Intent of the selection process shall be to proportionally represent the various property types identified in the district assessment roll. A Resolution of the City Council of the City of Federal Way Creating a Lake Management District Advisory Committee for Steel Lake will clearly establish the duties and authority of the Committee 14.4 Petition to Create LMD Per RCW 36.61.030, a lake management district may be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake management district, whichever is greater. A petition or resolution of intention shall set forth: (1) The nature of the lake improvement or maintenance activities proposed to be financed; (2) the amount of money proposed to be raised by special assessments or rates and charges; (3) if special assessments are to be imposed, whether the special assessments will be imposed annually for the duration of the lake management district, or the fall special assessments will be imposed at one time, with the possibility of installments being made to finance the issuance of lake management district bonds, or both methods; (4) if rates and charges are to be imposed, the annual amount of revenue proposed to be collected and whether revenue bonds payable from the rates and charges are proposed to be issued; (5) the number of years proposed for the duration of the lake management district; and (6) the proposed boundaries of the lake management district. On November 11, 2012, a public meeting was held to discuss and hear comments regarding the SLMP. Afterwards, the Steel Lake Advisory Committee submitted a signed petition (Appendix A) to the City Clerk which met the criteria set forth in RCW 36.61.030: The petition contained a total of thirty seven (37) signatures from landowners within the proposed district; and, The petition contained a total of twenty percent (20%) of the acreage contained within the proposed district. The estimated assessment rates imposed on each parcel in the proposed Steel Lake LMD is included in Appendix B. 43 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN 15.0 REFERENCES AquaTechnex, LLC. 2010. Steel Lake Bathymetry Mapping Report. AquaTechnex, LLC. 2012. Steel Lake Discharge Management Plan. Carlson, Robert. E. 1977. A Trophic State Index for Lakes, Limnological Research Center, University of Minnesota, Minneapolis. City of Federal Way, Washington. 2003. An Ordinance (03-452) of the City Council of the City of Federal Way, Washington, creating Lake Management District Number 1 for Steel Lake and setting a public hearing on the assessment roll for the district. City of Federal Way, Washington. 2003. A Resolution (03 397) of the City Council of the City of Federal Way, Washington, creating a Lake Management District Advisory Committee for Steel Lake and establishing the duties thereof. City of Federal Way, Washington. 2003. Steel Lake Integrated Aquatic Vegetation Management Plan. City of Federal Way, Washington. 2012. An Ordinance (12-715) of the City Council of the City of Federal Way, Washington, relating to boats and watercraft; amending FWRC 7.03.010 and FWRC 7.03.040. Envirovision, Inc. 1994. Steel Lake Integrated Aquatic Vegetation Management Plan. Hamel, Kathy. 2012. Washington Department of Ecology, Aquatic Plants, Algae & Lakes Program. Personal communication. Moore, Schindler, Scheuerell, Smith and Frodge. 2003. Lake Eutrophication at the Urban Fringe, Seattle Region. Vol. 32 No. 1, Feb. 20030 Royal Swedish Academy of Sciences. Sheldon and Associates. 1999. City of Federal Way Wetland Inventory Report. Tobissen, P. and E. Wheat. 2000. Long and Short -Term Effects on Waterfowl on Collins Lake, An Urban Lake in Upstate New York. Washington State Department of Ecology. 2000. Herbicide Risk Assessment for the Aquatic Plant Management Final Supplemental Environmental Impact Statement. Washington State Department of Ecology. 2011. Aquatic Plant and Algae General Permit, National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit. Washington State Department of Ecology. 2012. On -Line Aquatic Plant and Algae Identification. http://www.egy.wa.Mv/proggmstwq/ptants/olantalgaeid.html 44 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Washington State Department of Ecology. 2012. Fact Sheet for the State of Washington Aquatic Noxious Weed Management General Permit. Washington State Department of Ecology. 2012. On -Line Statewide water rights web map. ht ://www.ec .wa.,oy/programs/wr/info/webmap.htmI Washington State Department of Fish and Wildlife. 1998. Aquatic Plants and Fish. Publication #APF- 1-98. Washington State Department of Health (DOH). 2010. Washington State Recreational Guidance for Microcystin and Anatoxin A. 45 CITY OF FEDERAL WAY 2014-2023 STEEL LAKE MANAGEMENT DISTRICT PLAN Issuance Date: Effective Date: Expiration Date: Modification Date: Modification Effective Date: February 16, 2011 March 18, 2011 March 18, 2016 April 4; 2012 May 4, 2012 AQUATIC PLANT AND ALGAE MANAGEMENT GENERAL PERMIT National Pollutant Discharge Elimination System and State Waste Discharge General Permit State of Washington Department of Ecology Olympia, Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United States Code, Section 1251 et seq. The Federal Water Pollution Control Act (The Clean Water Act) - Until this permit expires, is modified or revoked, Permitfees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. ly S , P.E., P.G. Wat Quality Program Manager Washington State Department of Ecology TABLE OF CONTENTS SUMMARY OF PERMIT REPORT SUBMITTALS ........................................... I............. 5 SPECIAL PERMIT CONDITIONS................................................................................... 6 Sl. PERMIT COVERAGE.................................................................................................................................6 A. Activities Covered Under This Permit..........................................................................................................:.6 B. Geographic Area Covered...............................................................................................................................9 C. Activities Excluded from Coverage Under This Permit..................................................................................9 S2. APPLICATION FOR COVERAGE............................................................................................................9 A. Who May Obtain Permit Coverage..................................................................................................................9 B. How to Apply for Coverage..........................................................................................................................10 C. How to Terminate Permit Coverage..............................................................................................................12 S3. DISCHARGE LIMITS...............................................................................................................................12 A. Compliance with Standards...........................................................................................................................12 B. Temporary Exceedance of Water Quality Standards.....................................................................................12 C. Application Requirements.............................................................................................................................13 D. Discharge Management Plan.........................................................................................................................13 E. Impaired Water Bodies..................................................................................................................................14 F. Identified Wetlands.......................................................................................................................................15 G. Additional Requirements for Discharges to Water Bodies Where Sensitive, Threatened, or Endangered 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..........................................................................................................3I A. Application of Herbicides and Algaecides....................................................................................................31 B. Application of Phosphorus Inactivation Products.........................................................................................32 S7. ANALYTICAL PROCEDURES................................................................................................................33 S8. REPORTING AND RECORDKEEPING REQUIREMENTS...............................................................33 A. Annual Treatment/Monitoring Reports.:.......................................................................................................33 B. Records Retention.........................................................................................................................................34 C. Recording of Results.....................................................................................................................................34 D. Noncompliance Notification.....................................................................;...................................................34 S9. SPILL PREVENTION AND CONTROL.................................................................................................34 Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 2 A. Spill Prevention.............................................................................................................................................34 B. Spill Notification Requirements ................................... .............................. ...................................... ............. 35 C. Spill Cleanup Requirements..........................................................................................................................35 S10. MITIGATION FOR PROTECTION OF SENSITIVE, THREATENED, OR ENDANGERED PLANTS: AQUATICPLANT CONTROL PROJECTS.........................................................................................................35 A. Survey Requirements....................................................................................................................................35 B. Mitigation......................................................................................................................................................35 S11. APPENDICES.............................................................................................................................................37 GENERALCONDITIONS.......................................................................................................................................38 G1. DISCHARGE VIOLATIONS....................................................................................................................38 G2. PROPER OPERATION AND MAINTENANCE....................................................................................38 G3. RIGHT OF ENTRY....................................................................................................................................33 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 Table2: 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 At least 60 days prior S2. Application for New Coverage As necessary to the start of discharge Discharge Management plan (for ;� New applicants: With projects where the total proposed treated Once per NO]; S3 D area in the water.body, is fide or,.more , coverage Continuing P'ermittees: acres) By March 18, 2012 SIG & plant Survey and Mitigation Measures As necessary As necessary S 10. Each week or By 8b0 a.m. iVlonday as necessary of the first week pf 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 fnonitoring�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 At least 180 days prior f G.18. Re -Application for Permit Coverage i pp Once per 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 Sl. PERART 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 Penn ittee intentionally applies chemicals must remain the same for the entire length of the permit coverage up to the maximum percentage of the littoral zone allowed for by water body size. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 7 b. All untreated littoral areas must include native vegetation from the shore to the edge of the littoral zone where the plants stop growing in deeper water. c. The cumulative percentage of the littoral zone where herbicides' may be intentionally applied must not exceed the amount allowed below: a) In water bodies up to 15 acres in size, the Permittee may intentionally apply herbicides to no more than 75 percent of the littoral zone. b) In water bodies over 15 acres and up to 50 acres in size, the Permittee may intentionally apply herbicides to no more than 60 percent of the littoral zone. c) In water bodies over 50 acres and up to 500 acres in size, the Permittee may intentionally apply herbicides to no more than 50 percent of the littoral zone. d) In water bodies over 500 acres in size, the Permittee may intentionally apply herbicides to no more than 30 percent of the littoral zone. iii. Roadside and ditch bank plant control (1) For activities conducted by state and local agencies, the Permittee may intentionally apply herbicides to 100 percent of the plants within the right of way. (2) The Permittee may intentionally apply herbicides to no more than 40 percent of native vegetation of roadsides and ditches on privately owned individual lots, but may intentionally apply herbicide to 100 percent of any noxious or quarantine -listed weeds. b. Algae control i. The Permittee may intentionally apply algaecides to the entire water body or sections of the water body, as needed, when cyanobacteria or other potentially toxic or environmentally harmful algae species are expected to form blooms in the water body. 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: Constructed detention or retention ponds designed specifically for wastewater or stormwater treatment that do not discharge to other water bodies during and for two weeks after treatment, or where Ecology regulates the discharge under another permit that allows chemical treatment. 2. Any constructed water body five acres or less in surface area with no discharge to other surface waters of the state during and for two weeks after treatment. 3. Any constructed water body ten acres or less in surface area under single ownership with no public access and no discharge to other surface waters of the state during and for two weeks after treatment. 4. Upland farm ponds with no discharge to other surface waters of the state during and for two weeks after treatment. 5. Treatment conducted on seasonally dry land surfaces (including seasonally dry wetlands) so long as the treatment occurs when the area is dry and the active ingredient is not biologically available when the water returns. 6. Research activities when applying chemicals or products to water bodies under a State Experimental Use Permit (See S4.C). S2. APPLICATION FOR COVERAGE A. Who May Obtain Permit Coverage 1. Pesticide applicators (WAC 16-228-1545) may apply for coverage. Applicators must be licensed in Washington State with an aquatic endorsement (WAC16-228- 1545 3(t)). Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 9 a. Applicators must obtain separate permit coverage for each water body that they plan to treat. Each coverage requires a sponsor. Applicators may obtain a single permit coverage for multiple water bodies where a single, non- governmental sponsor has authority to treat more than one water body. The water bodies need not be hydraulically connected, but must be part of the same distinct community (e.g., ABC Homeowners Association). b. In water bodies with multiple sponsors or multiple permit coverages, applicators must obtain separate permit coverages for each location within the water body (e.g., Lake Washington). 2. Dischargers are not required to be licensed to apply nutrient inactivation chemicals. For these projects, the discharger may apply for permit coverage. Applicants must have a sponsor for each nutrient inactivation coverage. I Any state or local government entity may apply for coverage. a. Government entities may obtain a single coverage that includes multiple water bodies under its jurisdiction. Government entities are considered sponsors. b. Government entities must keep Ecology updated with a current list of its licensed pesticide applicator(s), including license numbers and license expiration dates. B. How to Apply for Coverage Applicants that propose to begin aquatic plant or algae management activities that will result in a discharge to waters of the state on or after the effective date of this permit must: 1. Submit a complete permit application (Notice of Intent or NOI) to Ecology at least 60 days before starting the activity. 2. Complete the NOI for the proposed activity online. The applicant must access Ecology's online data management system SecureAccess Washington (http:llsecureaccess.wLgo�), 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. 3. Applicants for projects where the total proposed treated area in the water body is less than five acres or when the project is for only ditch bank or roadside vegetation control must complete and submit a State Environmental Policy Act (SEPA) checklist for the proposed activity. The applicant can access the SEPA checklist at http://Ypww.ecy-wa.gov/prograpis/sca/sga/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 http://www.ecy.wa.gov/pi-ograms/wq/pesticides/final pesticide permits/aquatic ants/a uatic 121ant permit index.html 5. Government applicants submitting a NOI for multiple water bodies under their jurisdiction must complete, sign, and submit a separate DMP/SEPA addendum for each water body where the proposed treatment area is five or more acres or a SEPA checklist for each water body where the proposed treatment area is less than five acres. 6. If the treatment affects potable water use on water bodies with municipal or community drinking water intakes, the applicant must obtain and submit written consent to the treatment from the municipality or community. 7. Mail the complete NOI to: Department of Ecology Water Quality Program Attn: Aquatic Pesticide Permit Manager P.O. Box 47600 Olympia, WA 98504-7600 Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 11 8. After the applicant has submitted the completed NOI to Ecology, fill out the Public Notice Template provided in Appendix B. Publish the public notice twice, one week apart, in a local newspaper of general circulation (or a regional newspaper if a local newspaper is not available) that an application for permit coverage has been made. At the time the second notice is published, a 30-day comment period begins. 9. Mail or deliver the public notice to all potentially affected waterfront residents (those within one -quarter mile in each direction along the shoreline or across the water from proposed treatment areas) within one week of publishing the first newspaper notice. At the end of the required 30-day public comment period, Ecology will consider comments about the applicability of this permit to the proposed aquatic plant or algae management activity before issuing a decision on permit coverage. If the applicant does not receive notification of a coverage decision from Ecology, coverage under this permit will begin automatically on the 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 Permittee will continue to incur an annual permit fee unless it submits a NOT. S3. DISCHARGE LD41TS 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—April4, 2012 Page 12 C. Application Requirements The Permittee must comply with the FIFRA label when using pesticides. Permit requirements do not reduce the requirements on the FIFRA label. The Permittee must ensure that: 1. A licensed .pesticide applicator, with the appropriate Washington State Department of Agriculture (WSDA) license and certification, has direct supervision responsibilities for the use of pesticides during application. 2. All applicators (either under the direct supervision of the licensed applicator for pesticides or under the supervision of the discharger for non -pesticides) have current training in the use of the equipment necessary to apply chemicals correctly and that they use approved application techniques. 3. Appropriately trained personnel calibrate the application equipment for the chemical used. D. Discharge Management Plan 1. New applicants and Permittees continuing coverage do not need to develop a DMP when: a. The total treatment area for each coverage is less than five acres. b. Treating only for ditchbank or roadside vegetation. c. Treating under experimental use permits where the sole purpose is for research and development. 2. New applicants and Permittees continuing coverages where the total treatment area for each coverage is equal to or greater than five acres must develop a DMP for each coverage using the appropriate template http://www.ecy.wa.gov/progra,rns/wg/J2esticides/fin;al pesticide perrnitslaquatic pi ants/aquatic plant permit index.html a. New applicants must submit their DMP with their NOI. The DMP template for new applicants is also a SEPA addendum. b. Permittees that continued coverage from the previous permit must submit their DMPs to Ecology by March 18, 2012. 3. Applicators must develop their DMPs jointly with each sponsor. 4. Government Permittees with single permit coverages for multiple water bodies must develop a separate DMP for each water body where the treatment area is Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 13 equal to or greater than five acres. Permittees must make these DMPs available to the water body residents on request. 5. If a water body plan exists that is equivalent to the DW, the applicant/Permittee may submit this plan in lieu of developing a DW. 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 DNIP 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 DW updated. The Permittee should update the plan when significant project changes occur. The Permittee must keep an updated copy of the DMP at its business office and make it available upon request to Ecology. E. Impaired Water Bodies 1. The Permittee must not cause further permanent impairment of any 303(d)-listed water body for any listed parameter. 2. The Permittee must prevent further permanent impairment of water bodies listed on the 303(d) list for dissolved oxygen as a result of treatment. It may do so by choosing appropriate chemicals such as a systemic herbicide instead of a contact herbicide and must implement one or more of the following mitigation measures: a. Do not treat in the summer or when water temperatures are warm enough to contribute to low dissolved oxygen concentrations after treatment. b. Limit the area treated each time that treatment occurs. c. Remove decaying plants following treatment. d. Aerate the water following treatments. 3. The Permittee must prevent further permanent impairment of water bodies listed on the 303(d) list for phosphorus as a result of treatment. It may do so by choosing appropriate chemicals to minimize release of phosphorus from non -target plants or algae and must implement at least one or more of the following mitigation measures. a. When treating for 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. 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: 1. For eradication projects, Ecology will consult with the Washington Natural Heritage Program and may condition the permit coverage based on the consultation. 2. For aquatic plant control projects, the Permittee must submit a detailed plant survey and if a rare plant is present in the treatment area, implement one or more mitigation measures (see S 10.). S4. THE APPLICATION OF PRODUCTS A. Prohibited Discharges Ecology prohibits treatment that causes oxygen depletion to the point of stress or lethality to aquatic biota from plant or algae die -off, the mortality of aquatic vertebrates, or unintended impacts to water quality or biota. B. Authorized Discharges 1. Beginning bn the effective date of this permit and until Ecology modifies, reissues, or revokes this permit; this permit authorizes the Pennittee 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-dimethylalkyalmine) salt of 7- oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid h. Flumioxazin: 2-[7-fluro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4- benzoxazin-6-yl]-4,5,6,7-tetrahydro-lH-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-lH-imidazol- 2yl]-5-(methoxymethyl)-3-pyridinecarboxylic acid 1. Imazapyr: 2-(4,5-dihydro-4-methyl-4-(1-methyleth7yl)-5-oxo-lH-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 3H2O2 o. Triclopyr TEA: Triethylamine salt of 3,5,6-trichloro-2-pyridyloxyacetic acid 5. The Permittee may apply the adjuvants listed in Table 2. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 16 Table 2: Listed Adjuvants Adjuvant (Trade Name) Product use 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-ED'TTM Surfactant, Deposition Aid, and Anti -foam Agent Water Conditioning Agent and Class Act NGTM Surfactant Modified Vegetable Oil and Competitofm Surfactant Cut-RateTM Water Conditioning Agent Surfactant and Modified Vegetable Cygnet P1usTM 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 (Trade Name) Product use Water Conditioning Agent, One-Ap XLTM Surfactant, Deposition Aid, and Antifoaming Agent Pro AMS PlusTM 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 1. The Permittee may apply chemicals not listed in this permit on a limited basis in the context of a research and development effort under the jurisdiction of the Environmental Protection Agency (EPA) through the issuance of a federal experimental use permit (40 CFR 172) and the WSDA through the issuance of a state experimental use permit (EUP). Discharges for the sole purpose of research and development are not required to be covered under a DMP (SID.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—April4, 2012 Page 18 2. The Permittee may apply nutrient inactivation products not listed in this permit on a limited basis in the context of a research and development effort so long as the Permittee develops a plan that is approved by Ecology for this activity. The plan must undergo a public review process. D. General Application Restrictions 1. The Permittee must avoid treatments that restrict public water use during the opening week of fishing season or during tribal fisheries, Memorial Day weekend, Independence Day weekend, and Labor Day weekend and must minimize treatments that restrict public water use during weekends. 2. When there are potable water restrictions on the label and the treatment is within the setback distance listed on the product label, the Permittee must not apply any chemical until it has notified people who withdraw potable water from the water body. If requested by the affected water user(s), the Permittee must provide an alternative potable water supply until the intake water tests at or below the concentration specified for that chemical in Table 3, or until the time period specified in Table 3 for that chemical has elapsed. If there is no potable water restriction listed in Table 3, the Permittee must follow all label conditions for potable water supply. If requested by an affected water user, the Permittee must provide at least two weeks advance notice of pending treatments. 3. People withdrawing water under a legal water right or claim for irrigation or livestock watering purposes may request an alternate water supply during the treatment if the label has restrictions for those uses and the treatment is inside the setback distance listed on the product label. The Permittee must provide an alternative water supply until the intake water tests at or below the irrigation restriction concentration or livestock drinking water concentration on the label or until the time interval specified on the label has elapsed. If requested by an affected water user, the Permittee must provide at least two weeks advance notice of pending treatments. 4. The Permittee must avoid treatments that adversely affect salmon or steelhead in hatcheries when applying treatments to areas upstream of a hatchery water intake. Ecology will coordinate with the Permittee, the Washington State Department of Fish and Wildlife (WDFW), and affected tribes to ensure treatments proposed upstream of a hatchery intake do not adversely affect hatchery fish or hatchery operations. 5. The Permittee must ensure that there is adequate contact time between the targeted vegetation and the selected herbicide when treating in reservoirs or in flowing water to avoid non -target downstream impacts. 6. The Permittee must comply with WDFW timing windows referenced in Tables 3 and 4 to protect salmon, steelhead, and bull trout populations and WDFW priority Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 19 habitats and species. WDFW'may periodically update this table as new information becomes available or on request from Ecology. The timing table is available at: htt://ww,,v.ec .wa. ov! ry amslw 1 esticides/final esticide ermitsl uatic pl ants/aquatic Olant 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 L Y O .O U) (0 'O . 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NOTIFICATION, INSPECTION, AND POSTING REQUIREMENTS A. Ecology Notification Requirements 1. 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 Char[ ie.McKinne @ecy.wa gov Jeremy. Ry f(a}ecy. wa.gov Tricia.Shoblom@,�o.wa.gov Rod.Thvse1] ec .wa.-gov J onathan.Jen.ni ngs�a my. wa. gov The Permittee must immediately call the appropriate Ecology regional contact and Ecology headquarters or 1-800-6457-911 when they are made aware of any of the following conditions occurring during or after a treatment: a. Any person(s) exhibiting or indicating any toxic and/or allergic response as a result of the treatment. b. Any fish or fauna exhibiting stress or dying inside or outside of the treatment area. c. Any spill of chemicals covered under this permit that occurs into the water or onto land with a potential for entry into waters of the state. B. Ecology Inspection Coordination Requirements At Ecology's request, each Permittee must coordinate and schedule inspections with Ecology staff. The location and starting time for the scheduled inspection must be on record in writing at Ecology. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 27 2. For scheduled inspections, the Permittee must not apply chemicals until Ecology staff -is present, unless they do not arrive within 30 minutes of the scheduled start time. C. Residential and Business Notification 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. 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.palzerQdnr.wa.gov) no later than one business day following public distribution. The Permittee need not notify DNR for treatments occurring on privately -owned lakes with no public access. 5. Ecology does not require notice for applications made to limited access highways, fenced wetland mitigation sites, or other facilities where no reasonable public access exists. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 28 D. Children Is 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 '/z by 11 Inch Signs Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 29 a. The Permittee must post signs at each waterfront private residence or business property that is within 400 feet of a treated area. b. The Permittee must post the signs to face both the water and the shore and site them where they are most visible to residents (within approximately ten feet of the shoreline). The Permittee must post one sign for approximately every 100 feet of shoreline. c. If the shoreline is only accessible by entering through a gate, the Permittee may post a sign at each gate that allows access to, or is within 400 feet of a treated area. The Permittee does not need to post additional signs. 3. Posting Shoreline Public Access Areas with Two Foot by Three Foot Signs a: The Permittee must post signs at all public access areas on the water body that are within 400 feet of a treated area and at all public boat launches on the water body within one quarter mile of a treated area. b. The Permittee must site the signs so that they are clearly visible to people using the public access area, spacing the signs approximately every 100 feet of shoreline and within approximately 25 feet of the shoreline. Signs must face both the water and the shore. At public boat launches, signs need only face the shore. c. If a public shoreline is only accessible by entering through a gate, the Permittee may post a sign at each gate that allows access to, or is within 400 feet of a treated area. The Pennittee 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 1/2 inches high for all other words. 4. Posting Public Pathways Along a Treated Water body a. The Permittee must post two foot by three foot signs at public entrances to public pathways that allow reasonable direct access to the water body and that Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 30 are within 400 feet of a treated area. b. The Permittee must post 8 %2 by 11 inch signs at approximately 100 foot intervals along the pathway along any treated areas and within 400 feet of any treated areas. 5. Posting for Roadside/Ditch Bank Aquatic Applications a. The Permittee does not need to post signs for roadside applications or applications to areas with no reasonable public access. b. For those sites with public access areas, the Permittee must: i. Post signs no more than 48 hours before an application. ii. Place signs at any boat launch within 1/4 mile of any treated area. Signs must be within 25 feet of the shoreline, facing both the water and shore. The Permittee is responsible for the removal of all signs at the end of each treatment season, but may use biodegradable sign material so that removal is not necessary. S6. MONITORING REQUIREMENTS A. Application of Herbicides and Algaecides Eradication Projects Under the Aquatic Weeds Management Fund, Ecology requires monitoring for herbicide residues for herbicide treatments funded by Ecology grants. Grant - funded monitoring is in lieu of additional monitoring under this permit. 2. Control Projects The Permittee must monitor dissolved oxygen levels pre- and post -treatment when contact herbicides are used in water bodies on the 303(d)-list for dissolved oxygen. a. Immediately before treating, the Permittee must monitor surface and bottom dissolved oxygen concentrations at a sampling location in the center and at the edge of the proposed treatment area(s). The Permittee must select at least one representative treatment area to monitor each time the water body is treated. b. The Permittee must monitor post -treatment surface and bottom dissolved oxygen concentrations no earlier than seven days and no later than 14 days after the treatment, at the same time of day that the pre-treatment monitoring Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 31 occurred and at the same sites and depths. c. The Permittee must submit these data to the Ecology permit manager no later than 30 days after the post -treatment monitoring date. $. Application of Phosphorus Inactivation Products Aluminum sulfate or sodium aluminate (alum). a. The minimum monitoring requirement for whole or partial lake treatments is one surface water pH measurement in the morning prior to any alum addition and one surface water pH measurement one hour after alum addition has stopped for that day. The Permittee must monitor pH for the duration of the treatment and for 24 hours following treatment completion. The monitoring location must be representative of water body -wide conditions. If the pH decreases to less than 6.2, the Permittee must stop treatment, analyze for alkalinity, and must take immediate steps to increase the pH. b. For continuous injection treatments, the Permittee must measure pH at a minimum once every two weeks during the first month of continuous injection and thereafter once a month for the duration of the injection process. The Permittee must ensure that pH measurements represent water body -wide conditions, unless the injection system is in an isolated area in relation to the main water body (e.g., in a bay with a narrow channel to the main water body). For isolated areas of water bodies, the Permittee must measure pH at the end of the bay and in the main water body. 2. Calcium hydroxide/oxide or calcium carbonate treatment a. The Permittee must measure pH once on the day before treatment, and once in the morning and once in the afternoon for the duration of the treatment and for 24 hours following treatment. If the pH is above 9.0 due to the effects of the treatment (rather than through photosynthesis), the Permittee must stop treatment. b. For continuous injection systems, the Permittee must measure pH at a minimum once every two weeks during the first month of continuous injection and thereafter once a month for the duration of the injection process. The Permittee must ensure that pH measurements represent water body -wide conditions, unless the injection system is in an isolated area in relation to the main water body (e.g., in a bay with a narrow channel to the main water body). For isolated areas of water bodies, the Permittee must measure pH at the end of the bay and in the main water body. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 32 S7. ANALYTICAL PROCEDURES A. The Permittee must use either an EPA method or one of the methods specified in section STC. or STD. to fulfill the analytical requirements of this permit. B. The Permittee must ensure that all monitoring data are analyzed by a laboratory registered or accredited under the provisions of chapter 173-50 WAC, Accreditation of Environmental Laboratories. C. Ecology does not require the use of an accredited laboratory for temperature, dissolved oxygen, pH, alkalinity titration, or Secchi disk measurement. All dissolved oxygen and pH monitoring must follow the protocols in A Citizens Guide to Understanding and Monitoring Lakes and Streams which may be accessed at www.ecy.wa.gov/programs/wq/plants/management/joysmanual/index.htmi. D. Analyses conducted using enzyme linked immunosorbent assay (ELISA) methods may substitute for the requirements in STA. S8. REPORTING AND RECORDKEEPING REQUIREMENTS The Permittee must submit pesticide/product application information in accordance with the following conditions. A. Annual Treatment/Monitoring Reports 1. By December 31 of each year, the Permittee must submit its report electronically through Ecology's online data management system (SecureAccess Washington at https://secureaccess.wa.gov . A signed and dated copy of the report must be mailed to: Department of Ecology Water Quality Program Attn: Aquatic Pesticide Permit Manager P.O. Box 47600 Olympia, WA 98504-7600 2. The Permittee must submit an annual treatment/monitoring report regardless of whether treatment or monitoring occurred and this report must include: Water body name, dates treatment occurred, chemicals used, amount of active ingredient applied, acreage treated, monitoring results, and the plant species targeted. The Permittee must submit any dissolved oxygen monitoring data to the Aquatic Pesticide Permit Manager and the appropriate regional contact, no later than 30. days after the post -treatment monitoring date. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 33 B. Records Retention 1. The Permittee must retain records of all permitting and monitoring information for a minimum of five (5) years. Such information must include copies of all reports required by this permit, plant surveys, and records of all data used to complete the application for this permit. 2. The Permittee must keep records longer in the event of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. 3. The Permittee must make the records, reports, surveys, plans, public notices (including a list of locations or addresses to which they were delivered), and other information required by this permit available to Ecology upon request. C. Recording of Results For each measurement or sample taken, the Permittee must follow the recording provisions outlined in WAC 173-226-090 (2). D. Noncompliance Notification If the Permittee is unable to comply with any of the terms and conditions of this permit for any cause, the Penmittee must immediately stop the activity causing the noncompliance, correct the problem, notify Ecology of the failure to comply, and return to compliance as quickly as possible. S9. SPILL PREVENTION AND CONTROL A. Spill Prevention The Permittee must: 1. Handle, store, and use all oil, fuel, chemicals, or products authorized under this permit in a manner that prevents spills. 2. Ensure that it maintains all mobile equipment to prevent leaks or spills of petroleum products. 3. Have absorbent materials available for cleanup or the spill containment materials recommended in the Material Safety Data Sheet for that product, including appropriate cleanup materials for a spill of the products being applied. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 34 B. Spill Notification Requirements The Permittee must immediately report spills to Ecology by calling 1-800-6457-911. See htt:llwww.,-cy.wa.eov/r)ro--arns/'spills/other/reportaspill for more environmental reporting information. C. Spill Cleanup Requirements In the event of a spill, the Permittee must begin immediate containment and cleanup using appropriate materials. Cleanup takes precedent over normal work. 2. Cleanup includes proper disposal of any spilled materials and used cleanup materials. 510. MITIGATION FOR PROTECTION OF SENSITIVE, THREATENED, OR ENDANGERED PLANTS: AQUATIC PLANT CONTROL PROJECTS A. Survey Requirements If Ecology notifies the Permittee that a rare plant species (rare plant) is reported to be present in a proposed treatment area, the Permittee must conduct a detailed plant survey (unless Ecology waives this requirement). The survey must be performed by a professional aquatic botanist or wetland specialist. The person conducting the survey must not have a financial or personal interest in the treatment. 2. The botanist or wetland specialist must survey when plants are present and can be positively identified, but no earlier than three months before treatment. Ecology may waive the three month requirement if the plant cannot be positively identified during that time frame. 3. The Permittee must survey each year before treatment for rare submersed, floating, or floating -leaved plants and once every five years for rare emergent shoreline plants. 4. The Permittee must submit the survey data to Ecology no later than thirty days before treatment. Ecology may modify or suspend the annual survey requirement if it determines that the treatment(s) have had no adverse effect on the rare plant population. B. Mitigation 1. When a rare plant is in the treatment area, the Permittee must apply prescribed buffers (where required) and select one or more mitigation choices listed below to Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 35 minimize treatment impacts to the rare plant. Monitoring the vitality of rare plant populations after treatment may be required by Ecology. The Permittee must not Allow treatment to affect the viability of the rare plant population. 2. Mitigation measures for: a. Submersed, floating, or floating -leaved plants: If the rare plant is submersed, floating, or floating -leaved and the herbicide application is intended to control submersed species, the Permittee must maintain a no -treatment buffer around the rare plants. The Permittee must maintain a 100-foot buffer when using contact herbicides and must consult with Ecology when using systemic herbicides to determine appropriate buffer distances. If the Permittee has difficulty maintaining a buffer from the majority of the rare plant population, it must consult with Ecology for other options (e.g., physically relocating the plants). In addition to the buffer, the Permittee must choose one or more mitigation measures below: i. Use a selective herbicide (if applicable) or an herbicide demonstrated to have little effect on the rare plant. ii. Use the lowest effective concentration of herbicide for the target plant if the Permittee can demonstrate that the rare plant is tolerant to the herbicide at that concentration. iii. Use barriers or containment structures (e.g. silt curtains) to protect the rare plant. iv. For floating rare plants, temporarily relocate the plants to an untreated area. V. Time the treatment. b. Emergent plants: If the rare plant is emergent or floating -leaved and the targeted plants are being treated above the water (i.e., target plants are emergent), the Permittee must maintain a no treatment buffer of 10 feet from the rare plant and choose one or more of the following mitigation measures: i. Use a selective herbicide (if applicable) or an herbicide demonstrated to have little effect on the rare plant. ii. Select an application technique designed to cause less non -target damage (e.g., low -drift nozzle heads, wiper applications, sponge bars, temporarily covering the rare species, etc.). Aquatic Plant and Algae Management General Permit—April4, 2012 Page 36 iii. Time the treatment during the growing season to prevent impacts to the rare plant. S11. APPENDICES The attached appendices are incorporated by reference into this permit. APPENDIX A - DEFINITIONS APPENDIX B - PUBLIC NOTICE APPENDIX C - ECOLOGY NOTIFICATION TEMPLATE APPENDIX D - BUSINESS AND RESIDENTUAL NOTICE TEMPLATE APPENDIX E - POSTING TEMPLATES Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 37 GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS All discharges and activities authorized by this general permit must be consistent with the terms and conditions of this permit. The discharge of any pollutant more frequently than, or at a concentration in excess authorized by this permit, constitutes a violation of the terms and conditions of this permit. G2. PROPER OPERATION AND MAINTENANCE The Permittee must at all times properly operate and maintain all systems of treatment and control to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary systems which are installed by a Permittee only when the operation is necessary to achieve compliance with the conditions of this permit. The Permittee must not allow concentrations of the product(s) to exceed FIFRA label or permit conditions. G3. RIGHT OF ENTRY The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law, at reasonable times: A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this permit; B. To have access to and to copy any records that must be kept under the terms of the permit; C. To inspect any postings, monitoring equipment, or method of monitoring required in this permit; D. To inspect any collection, treatment, pollution management, or discharge facilities; and E. To sample any discharge of pollutants. G4. PERMIT COVERAGE REVOCATION Pursuant to chapter 43.21B RCW and chapter 173-226 WAC, the Director may require any discharger authorized by this general permit to apply for and obtain coverage under an individual permit or another more specific and appropriate general permit. Cases where revocation of coverage may be required include, but are not limited to the following: A. Violation of any term or condition of this general permit. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 38 B. Obtaining coverage under this general permit by misrepresentation or failure to disclose fully all relevant facts. C. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090. D. A determination that the permitted activity endangers human health or the environment, or significantly contributes to water quality standards violations. E. Nonpayment of permit fees or penalties assessed pursuant to chapter 90.48.465 RCW and chapter 173-224 WAC. F. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226- 130(5), when applicable; or Permittees who have their coverage revoked for cause according to WAC 173-226-240, may request temporary coverage under this permit during the time an individual permit is being developed, provided the request is made within ninety (90) days from the time of revocation and is submitted along with a complete individual permit application form G5. GENERAL PERMIT MODIFICATION OR REVOCATION This permit may be modified, revoked and reissued, or terminated in accordance with the provisions of chapter 173-226 WAC. Grounds for modification or revocation and reissuance include, but are not limited to, the following: A. When a change that occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. B. When effluent limitation guidelines or standards are promulgated pursuant to the Federal Water Pollution Control Act or chapter 90.48 RCW for the category of dischargers covered under this general permit. C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this general permit is approved. D. When information is obtained which indicates that cumulative effects on the environment from dischargers covered under this general permit are unacceptable. G6. REPORTING A CAUSE FOR MODIFICATION A Permittee who knows or has reason to believe that any activity has occurred or will occur. which would constitute cause for revocation under condition G5 above or 40 CFR 122.62 must report such information to Ecology so that a decision can be made on whether action to modify or revoke coverage under this general permit will be required. Ecology may then require submission of a new application for coverage under this, or another general permit, or an application for an individual permit. Submission of a new application does not relieve the Permittee of the duty to comply with all the terms and conditions of the existing general Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 39 permit until the new application for coverage has been approved and corresponding permit has been issued. G7. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. G8. OTHER REQUIREMENTS OF 40 CFR All other applicable requirements of 40 CFR 122.41 and 122.42 are incorporated in this general permit by reference. G9. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit excuses the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. G10.ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this general permit by administrative order or permit modification. G11.PAYMENT OF FEES The Permittee must submit payment of fees associated with this permit as assessed by Ecology. Ecology may revoke this permit coverage or take enforcement, collection, or other actions, if the permit fees established under chapter 173-224 WAC are not paid. G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT Any discharger authorized by this general permit may request to be excluded from coverage under this general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. These reasons must fully document how an individual permit will apply to the applicant in a way that the general permit cannot. Ecology may make specific requests for information to support the request The Director may either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to this general permit, the applicability of this general permit to that Permittee is automatically terminated on the effective date of the individual permit. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 40 G13.TRANSFER OF PERMIT COVERAGE This permit coverage may be automatically transferred to a new Permittee if: A. The Permittee notifies Ecology at least 30 days in advance of the proposed transfer date. B. The notice includes a written signed agreement between the existing and the new Permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them. C. The Department does not notify the existing Permittee and the proposed new Pennittee of its intent to modify or revoke permit coverage. GUPENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit is deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit will incur, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars ($10,000) for every such violation. Each and every violation is a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15. SIGNATORY REQUIREMENTS All applications, reports, or information submitted to Ecology must be signed and certified. A. In the case of a municipal, state, or public facility, all permit applications must be signed by a principal executive officer or ranking elected official. In the case of a corporation, partnership, or sole proprietorship, all permit applications must be signed by either a principal executive officer of at least the level of vice president of a corporation, a general partner of a partnership, or the proprietor of a sole proprietorship. B. All reports required by this permit and other information requested by Ecology must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if 1. The authorization is made in writing by a person described above and submitted to Ecology. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 41 2. The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) C. Changes to authorization. If an authorization under paragraph B.2 above is no longer accurate because a different individual or position has responsibility for environmental matter, a new authorization satisfying the requirements of paragraph B.2 must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiries of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. G16. APPEALS The terms and conditions of the Aquatic Plant and Algae Management general permit are subject to appeal. There are two different appeal categories. A. The permit terms and conditions as they apply to the appropriate class of dischargers are subject to appeal within thirty (30) days of issuance of this general permit in accordance with chapter 43.21(B) RCW and chapter 173-226 WAC; and B. The applicability of the permit terms and conditions to an individual discharger are subject to appeal in accordance with chapter 43.21(B) RCW within thirty (30) days of effective date of coverage of that discharger. An appeal of the coverage of this permit to an individual discharger is limited to the applicability or non -applicability of this permit to that same discharger. Appeal of this permit coverage of an individual discharger will not affect any other individual dischargers. If the terms and conditions of this general permit are found to be inapplicable to any discharger(s), the matter must be remanded to Ecology for consideration of issuance of an individual permit or permits. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 42 G17. SEVERABILITY The provisions of this general permit are severable, and if any provision of this general permit, or application of any provision of this general permit to any circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this general permit shall not be affected thereby. G18.DUTY TO REAPPLY The Permittee must reapply for coverage under this general permit at least one hundred and eighty (180) days prior to the specified expiration date of this general permit. An expired general permit and coverage under the permit continues in force and effect until Ecology issues a new general permit or until Ecology cancels it. Only those Permittees that reapply for coverage are covered under the continued permit. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 43 APPENDIX A — DEFINITIONS All definitions listed below are for use in the context of this permit only 303(d): Section 303(d) of the federal Clean Water Act requires states to develop a list of polluted water bodies every two years. For each of those water bodies, the law requires states to develop Total Maximum Daily Loads (TMDLs). A TMDL is the amount of pollutant loading that can occur in a given water body (river, marine water, wetland, stream, or lake) and still meet water quality standards. Adjuvant: An additive, such as a surfactant, that enhances the effectiveness of the primary chemical (active ingredient). Algae: Primitive, chiefly aquatic, one -celled, or multicellular plant -like organisms that lack true stems, roots, and leaves but usually contain chlorophyll. Algaecide: A chemical compound that kills or reduces the growth of algae or cyanobacteria. Algae control: Applying algaecides to kill or suppress the growth of cyanobacteria, filamentous algae, or any algal species that have the potential to affect human or environmental health. All known, available, and reasonable methods ofpollution 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: Man-made water bodies specifically constructed to manage stormwater. Detention ponds are generally dry until a significant storm event. Retention (wet) ponds are designed to have a permanent pool of water and gradually release stormwater through an outlet. Direct supervision responsibilities: Licensed certified applicators may directly supervise unlicensed applicators. Direct supervision by aquatic certified applicators means direct on-the- job supervision and requires that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 45 Discharge Management Plan: A site -specific water body plan that incorporates elements of integrated pest management. For new applicants with projects five or more acres, the Discharge Management Plan also serves as a SEPA addendum. Emergent vegetation: Aquatic plants that generally have their roots in the water, but the rest of the plant is above water (e.g., cattails, bulrush). Eradication: Eradication is the permanent removal of all non-native, invasive aquatic plants of one or more species within a water body or along a shoreline. The goal of eradication projects is to allow a diverse native plant community to flourish once the invasive species is eliminated. It may take years to achieve eradication of a target species. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): A set of EPA regulations that establishes uniform pesticide product labeling, use restrictions, and review and labeling of new pesticides. Filamentous algae: Typically green algae species that grow in long strings or form cloud -like mats in water. Filamentous algae do not produce toxins. Floating plants: Plants that are not rooted in the sediment (e.g., duckweed). These plants freely float in or on the water surface, but are most often observed in shallow water. Floating -leaved plants: Plants that are rooted in the sediment but have leaves floating on the water's surface (e.g., water lilies). Herbicide: Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed or other higher plant (see chapter 17.21.020 RCW). High use areas: Any areas that get a high level of human use. Examples include community and public boat launches, marinas, public or community swim beaches, and canals. Identified and/or emergent wetlands: Identified wetlands are those identified by either local, state, or federal agencies as being important wetlands. Emergent wetlands (marshes) are characterized by plants growing with their roots underwater and leaves extending above the water (emergent plants). Impact to non -target plants: Plants inadvertently affected by an herbicide treatment that was intended to treat other plants. Impacts to the non -target plants may include death or affected growth or vigor. Individual treatments: Treatments done at the request of an individual owner under a permit coverage specific to that property only. Intentionally apply: The permit allows the applicator to directly discharge an herbicide, algaecide, or other product identified in this permit into areas designated for treatment (e.g., via Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 46 hoses, granular pellets, etc.). Note that products applied directly to the water may disperse outside of the boundaries of the treated area. Invasive: Tending to spread and then dominate the area by outcompeting other plants. Some non- native species can become invasive when introduced outside of their native range. Some native plants can be invasive too (e.g., cattails). Legal oversight: Having authority under the law to manage aquatic plants or algae in a water body. See also the sponsor definition. Legal water right: A water right is a legal authorization to use a predefined quantity of public water for a designated use. The purpose must qualify as a beneficial use such as irrigation, domestic water supply, etc. Any use of surface water. which began after the state water code was enacted in 1917 requires a water -right permit or certificate. Legal water right claim: A water right claim is statement of beneficial use of water that began prior to 1917 for surface water. Claims remain valid until such time that adjudication occurs, whereby the validity of the claim must be proven before a court of law. During adjudication, claimants are required to prove that water has been in constant beneficial use prior to 1917 for surface water. Five or more consecutive years of non-use may invalidate a claim. Licensed pesticide applicator: Any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private -commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director of WSDA to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only. WSDA classifies aquatic herbicides as restricted use pesticides. Littoral zone: The vegetated area from the water body's edge to the maximum water depth where plant growth occurs. The littoral zone varies between water bodies depending on bathometry, water clarity, water quality, and other environmental conditions. Lot: A parcel of land having fixed boundaries. Marker dyes: Colorants that are sprayed onto the targeted weed along with the herbicide. Marker dyes allow better targeting of herbicide sprays since treated and untreated areas are more clearly seen by the applicator. Municipal or community drinking water intakes: A drinking water intake that supplies water to a city, town, or a community. Native and non-native plants: Native plants are plants that are indigenous to the region; non- native plants are not indigenous to the region, but are not on Washington's quarantine list or noxious weed list. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 47 New applicants: An applicator or government entity that proposes to discharge pesticide into waters of the state, but does not already have coverage under the Aquatic Plant and Algae Management Permit for the proposed treatment site. Non-native: A plant living outside of its natural or historical range of distribution. Plants considered to be non-native were not present in Washington prior to European settlement. Most non-native plants are not considered to be noxious weeds. Notice 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—April4, 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 L m Ccu C L a) U LL U cu a ca U N c 0 U c 0 cm 0 O m E W L 0 U Q CL N ZJ i 0 0 E L w c 0 7, ts V a N O N ti E N i �1 cu d L F.. 4- O Y C d � d O c 3 0 o C O C toL to a a O. ca Q �F d W �+ ` N a1 C O O F- a 'a L O O H N 3 u 'E u z m� 0 t� a i O V O O ad = L �3 c a N O N APPENDIX D — BUSINESS AND RESIDENTIAL, NOTICE TEMPLATE The applicant may add project information to this template but must not remove or change any bolded language (other than changing fonts or removing bolding). Business and Residential Notice Distribution Date: Date notices mailed or delivered Water body will be treated with name type of product (e.g., aquatic herbicides, algaecides, bacterial products, etc.) on or between treatment dates. Product(s) planned for use: list product names Active ingredient(s): list the active ingredients Plants/Algae targeted: describe what will be treated and why Location of treatment(s): describe locations or include a map The applicator will post signs in the treated and potentially affected areas no more than 48 hours prior to treatment. The signs will describe any water use restrictions or advisories. If you are withdrawing water for potable or domestic water use, livestock watering, or irrigation, and have no alternate water source, please contact name of applicator at phone number or e-mail to arrange an alternate water supply. Note: Business and residential notification only goes % mile from each treatment site. Check the product label to ensure that treatment does not impact potable water users more than 4 mile from treatment area. If you want additional notification prior to treatment, or have further questions, please contact me using the information above. Optional: include contact information for the sponsor here. This herbicide treatment is regulated under a permit issued by the Washington State Department of Ecology. Permit No. applicator to enter the permit coverage number Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 56 APPENDIX E - POSTING TEMPLATES Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 57 CAUTION The aquatic herbicide 2, 4-D (amine formulation) will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign -posted area for 24 hours following treatment due to possible eye irritation. . Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ) This application is regulated by Department of Ecology: Phone THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 58 WARNING The aquatic herbicide 2,4-D (ester formulation) will applied under permit to these waters on control aquatic vegetation. Use Restrictions: No swimming in the sign -posted during and for 24-hours following treatment. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: (_) to area This application is regulated by the Department of Ecology: Phone (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 59 CAUTION The biological water clarifier under permit to these waters on will be applied There are no swimming or recreation restrictions. For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 60 CAUTION Diquat Dibromide will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign -posted area for 24 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Domestic Animal Watering Restrictions: For more information contact the applicator: Phone number: (_) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 61 CAUTION Endothall (Dipotassium salt) will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign -posted area for 24 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Fishing Restrictions: For more information contact the applicator: Phone number: (_) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 62 WARNING Endothall (Hydrothol 191 TM) will be applied under permit to these waters on to control algae. Ecology recommends no swimming in the sign -posted area during and for 24-hours following treatment. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: (_) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION, Aquatic Plant and Algae Management General Permit—April4, 2012 Page 63 CAUTION Fluridone will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock.Watering Restrictions: For more information contact the applicator: Phone number: ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 64 CAUTION Glyphosate will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit—April4, 2012 Page 65 CAUTION Imazapyr will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 66 CAUTION The shading product these waters on algae. will be applied under permit to to control aquatic vegetation and/or There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: (_) Or the Department of Ecology at U THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION, Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 67 CAUTION Sodium carbonate peroxyhydrate will be applied under permit to these waters on to control algae. Ecology recommends no swimming in the sign -posted area for 12 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: (_) Or the Department of Ecology at C_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 68 CAUTION Triclopyr TEA will be applied under permit to these waters on to control aquatic vegetation. Ecology recommends no swimming in the sign -posted area for 12 hours following treatment due to possible eye irritation. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Fishing Restrictions: For more information contact the applicator: Phone number: (_) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 69 CAUTION Imazamox will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 70 CAUTION Bispyribac-sodium will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 71 CAUTION Carfentrazone-ethyl will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DADS AFTER APPLICATION Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 72 CAUTION Flumioxazin will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 73 CAUTION Penoxsulam will be applied under permit to these waters on to control aquatic vegetation. There are no swimming or recreation restrictions. Applicator to put additional label restrictions or advisories here: Drinking Water Restrictions: Irrigation Restrictions: Stock Watering Restrictions: For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at (_) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 DAYS AFTER APPLICATION Aquatic Plant and Algae Management General Permit — April 4, 2012 Page 74 CAUTION The nutrient inactivation product (list product alum or calcium products) will be applied under permit to these waters on There are no swimming or recreation restrictions. For more information contact the applicator: Phone number: ( ) Or the Department of Ecology at ( ) THIS SIGN MUST REMAIN IN PLACE UNTIL 2 BAYS AFTER APPLICATION. Aquatic Plant and Algae Management General Permit —April 4, 2012 Page 75