2017/05/10 Council Agenda Packet

• • 5 Triclopyr • Various Snohomish 7 - Snohomish Knotweed, Loostrife,blackberry TEA 8 - Cedar- Triclopyr Various Snohomish Knotweed, Loostrife Blackberry Sammamish TEA III. OBLIGATIONS OF APPLICANT IN CONSIDERATION OF LIMITED AGENT STATUS On February 03,2017 the Washington State Department of Ecology issued to the Washington State Department of Agriculture(WSDA) a statewide General National Pollutant Discharge Elimination System (NPDES)permit(referred to herein as the Permit) authorizing the discharge of aquatic pesticides in accordance with the Permit to control noxious, emergent aquatic weeds and quarantine weeds. The Permit,in its entirety, is incorporated by reference into this "Application and Agreement for Limited Agent Status for Aquatic Noxious Weed Control Under WSDA's National Pollutant Discharge Elimination System General Permit"(referred to herein as the "Application for Limited Agent Status"). A copy of the Permit is available from WSDA or at the following website: http•//www ecy wa gov/programs/wg/pesticides/Final pesticide permits/noxious/noxious index html The Applicant identified above has applied for limited agent status under the Permit as set forth above. WSDA extends limited agent status under the Permit by entering into a contract with the Applicant. This Application for Limited Agent Status constitutes an offer to WSDA which must be accepted by WSDA before there is an effective contract under the Permit. This Application for Limited Agent Status, as accepted by WSDA in a contract, and with the Permit incorporated by reference, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,regarding the subject matter of the resulting contract shall be deemed to exist or to bind any of the parties hereto. By completing,signing, and submitting this Application for Limited Agent Status to WSDA,the Applicant agrees to comply with the terms,conditions, and requirements of the Permit and to enforce those terms, conditions, and requirements against any person or entity acting on the Applicant's behalf to control noxious, emergent aquatic and quarantine weeds in Washington. Without limitation,the Applicant specifically agrees to comply and enforce the terms, conditions, and requirements set forth in the following paragraphs: A. DISCHARGE LIMITATIONS(SECTION Sl,S2,S3 and S4 OF 11th PERMIT). The Applicant specifically agrees to comply with all provisions of the Permit, including all limitations as to which herbicides, adjuvants, and marking dyes may be used, and which aquatic weeds may be targeted. Direct in-water treatments are not allowed under this permit or through this agreement. B. MONITORING REQUIREMENTS(SECTION S6 OF IHE PERMIT). The Applicant specifically agrees to comply with the monitoring requirements imposed in the Permit as follows: • WSDA will conduct or coordinate all monitoring of herbicide treatments consistent with the applicable annual monitoring plan prepared pursuant to the Permit. An Applicant proposing herbicide applications with imazamox, bispyribacsodium,penoxsulam,flumioxazin, or carfentrazone-ethyl specifically Page 2of6 100