WSR 03-11-098

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 21, 2003, 11:31 a.m. ]

Title of Rule: Chapter 16-752 WAC, Noxious weed control (yellow nutsedge quarantine).

Purpose: The department proposes lifting the yellow nutsedge quarantine at the Port of Kalama by amending the following sections of rule as requested by the Cowlitz County Noxious Weed Control Board: WAC 16-752-300 Establishing quarantine, 16-752-305 Quarantine area, 16-752-315 Regulations, and 16-752-320 Costs of quarantine.

Statutory Authority for Adoption: Chapters 17.10, 17.24, and 34.05 RCW.

Statute Being Implemented: Chapters 17.10 and 17.24 RCW.

Summary: The quarantine of the Port of Kalama in Cowlitz County for yellow nutsedge was originally adopted by the Washington State Department of Agriculture in 1989. The quarantine was initiated to prevent the movement of soil containing yellow nutsedge nutlets off-site. The quarantine was necessary because of the invasive nature of the weed - yellow nutsedge propagates by seed, rhizomes, bulbs, and nutlets. Soil containing nutlets is the primary mode of spread in cultivated land. Since that time an effective method of containment of the contaminated soil has been found that will prevent the yellow nutsedge from spreading, thus making the quarantine at the Port of Kalama unnecessary.

Reasons Supporting Proposal: The quarantine is no longer necessary.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Greg Haubrich, 21 North 1st Avenue, Yakima, WA 98902, (509) 225-2604.

Name of Proponent: Cowlitz County Noxious Weed Control Board, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The current rule declares a quarantine of specific areas of land in Cowlitz and Thurston counties for the weed yellow nutsedge. The quarantine of the area in Cowlitz County was established in 1989, with the quarantine of the area in Thurston County established in 1997. The quarantines prohibit the movement of contaminated soil, potted nursery plants and other plants from the quarantine site without a permit issued by the local weed control board. Amending the rule by deleting all references to Cowlitz County will allow other uses of material at the site.

Proposal Changes the Following Existing Rules: The proposal amends the following sections by deleting references to Cowlitz County which in effect rescinds the yellow nutsedge quarantine of the specified site in that county: WAC 16-752-300 Establishing quarantine, 16-752-305 Quarantine area, 16-752-315 Regulations, and 16-752-320 Costs of quarantine.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Plant Protection Division, Washington State Department of Agriculture, 1111 Washington Street, Olympia, WA 98504-2560 , AND RECEIVED BY July 22, 2003.


May 20, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6403.1


AMENDATORY SECTION(Amending WSR 98-01-056, filed 12/11/97, effective 1/11/98)

WAC 16-752-300   Establishing quarantine.   Yellow nutsedge (Cyperus esculentus L.) is a herbaceous perennial that is one of the most serious noxious weeds of agronomic crops. It propagates by seed, rhizomes, bulbs, and nutlets. Soil containing nutlets is the primary mode of spread in cultivated land. It is highly invasive and its unchecked spread would entail great economic loss to the agricultural industries of the state. It is a class B noxious weed designated for control in ((Cowlitz and)) Thurston ((counties)) County (WAC 16-750-011 (33)(a)). Yellow nutsedge infests ((a dredging spoil site at the Port of Kalama in Kalama, Washington and)) a plant nursery site at the Port of Olympia in Tumwater, Washington. Movement of material from ((these)) this site((s)) initiates additional infestations. RCW 17.10.210 provides that either the director or the county noxious weed control board or a weed district may issue an order for quarantine and restriction or denial of access to land determined to be so seriously infested that control measures cannot be undertaken without quarantine of the land. The director has determined:

(1) That the identified site((s are)) is so seriously infested as to require quarantine; and

(2) That the movement of contaminated materials from ((these)) this site((s)) presents an immediate threat of infestation to the rest of the county agricultural and nonagricultural areas; and

(3) That the restriction of such spread is critical to control efforts.

[Statutory Authority: Chapter 17.10 RCW. 98-01-056, 16-752-300, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), 16-752-300, filed 1/11/91, effective 2/11/91; 89-24-090, 16-752-300, filed 12/6/89, effective 1/6/90.]


AMENDATORY SECTION(Amending WSR 98-01-056, filed 12/11/97, effective 1/11/98)

WAC 16-752-305   Quarantine area.   The quarantine area shall encompass ((the dredge spoil site at and owned by the Port of Kalama, located along Hendrickson Drive, Kalama, Washington, and)) the Port of Olympia, located at the Olympia Airport, Tumwater, Washington, and more particularly described ((in subsections (1) and (2) of this section.

Real estate situation in the counties of Cowlitz and Thurston, state of Washington:

(1) Cowlitz County parcel - containing twenty-three acres, more or less.

A tract of land in the Jacob Ahles D.L.C. No. 44 in Section 20, Township 6 north, Range 1 west of the Willamette Meridian, more particularly described as follows:

Beginning at a point on the north line of a tract of land leased to the North Pacific Grain Growers, Inc., said point being north 2374.49 feet, and north 88 degrees 46'22" west parallel with the south line of said Ahles D.L.C., 263.94 feet from the southeast corner of said Section 20; thence north 1 degree 12'00" west 612.50 feet; thence north 20 degrees 23'00" west 186.52 feet to a point 30.00 feet westerly when measured at right angles from the westerly line of the Northern Pacific Railway right of way; thence parallel with and 30.00 feet from said right of way north 37 degrees 24'37" west 1325.90 feet; thence south 61 degrees 05'28" west 344.47 feet to the inner harbor line as shown on the Plat of Kalama Tidelands; thence south 27 degrees 54'56" east along said inner harbor line 1045.78 feet to the one mile limit as shown on said plat; thence south 62 degrees 05'04" west 100 feet to the low water line of the Columbia River; thence south 22 degrees 48'46" east along said low water line 751.17 feet to said north line of the North Pacific Grain Growers, Inc. lease; thence south 88 degrees 46'22" east parallel with said south line of the Ahles D.L.C. 492.48 feet to the true point of beginning.

(2))) as follows:

County of Thurston, state of Washington:

Parcel number 12711230000 - a portion of this parcel containing twenty-two acres of nursery production, more or less and three access roads one of which begins at 85th Avenue SW, the other two begin at Old Highway 99 SW.

A tract of land in Section 11, Township 17 north, Range 2 west of the Willamette Meridian, more particularly described as follows:

A portion of the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter, Section 11, Township 17 North, Range 2 West, W.N., Thurston County, Washington.

Beginning at the South Quarter corner of Section 11; thence north 0153'09"E, along the center of the section line 77.6 feet to the southerly edge of the infestation, said point being 75 feet northerly of the center of taxiway 5 and the point of beginning; thence south 8814'46"E parallel to and 75 feet northerly of taxiway 5, 1254.2 feet to coordinate pair N 604966 E 1043268 North American Datum 83/91, Washington State Lambert projection South Zone; thence north 0132'43"E parallel to and 75 feet westerly of taxiway 5, 256.1 feet (N 605222 E 1043275); thence north 7444'42"W, parallel to and 200 feet southerly of runway 8-26, 2031.7 feet (N 605757 E 1041315); thence south 1253'58"W, parallel to and 75 feet easterly of taxiway 4, 744.6 feet (N 605031 E 1041148); thence south 8814'46"E parallel to and 75 feet northerly of taxiway 5, 866.5 feet to the point of beginning. TOGETHER WITH: Two (2) 50 foot easements for ingress and egress described as follows: Beginning at the centerline of Old Highway 99 at coordinate pair N 605688 E 1044159; thence south 6213'04"W, 337 feet (N 605531 E 1043861); thence south 3734'07"W, 66 feet (N 605479 E 1043821); thence south 1534'51"W, 432 feet (N 605063 E 1043705); thence south 5650'31"W, 90 feet (N 605014 E 1043630); thence north 7342'21"W, 135 feet (N 605052 E 1043500); thence south 7331'23"W, 47 feet (N 605031 E 1043429).

Beginning at the coordinate pair N 605479 E 1043821; thence north 1018'17"W, 78 feet (N 605556 E 103807); thence north 5223'38"W, 93 feet (N 605613 E 1043733); thence north 7434'40"W, 331 feet (N 605701 E 1043414); thence north 2431'11"W, 63 feet (N 605758 E 1043388); thence north 058'36"W, 352 feet (N 606110 E 1043382).

Beginning at the end of 85th Avenue SE; thence north 1436'57"W, 44 feet; thence north 144'13"E, 103 feet; thence north 144'13"E, 122 feet; thence north 42'36"E, 103 feet; thence north 144'13"E, 140 feet; thence north 331'10"E, 134 feet; thence north 144'13"E, 146 feet; thence north 643'41"W, 141 feet; thence north 63'35"W, 92 feet; thence north 144'13"E, 128 feet; thence north 1558'50"W, 96 feet; thence south 8533'49"W, 113 feet; thence north 8815'39"W, 100 feet; thence north 8538'49"W, 133 feet; thence north 8815'36"W, 137 feet; thence north 8528'20"W, 125 feet; thence south 8935'45"W, 162 feet; thence north 8815'32"W, 129 feet; thence north 8815'30"W, 200 feet; thence north 8815'28"W, 150 feet; thence north 8543'23"W, 137 feet; thence north 8838'45"E, 113 feet; thence north 8356'12"W, 242 feet; thence north 4038'52"W, 25 feet; thence north 406'3"W, 25 feet.

[Statutory Authority: Chapter 17.10 RCW. 98-01-056, 16-752-305, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), 16-752-305, filed 1/11/91, effective 2/11/91; 89-24-090, 16-752-305, filed 12/6/89, effective 1/6/90.]


AMENDATORY SECTION(Amending WSR 98-01-056, filed 12/11/97, effective 1/11/98)

WAC 16-752-315   Regulations.   Use of the property identified in WAC 16-752-305 is restricted as follows:

(1) All removal of sand or soil, potted nursery plants and other plants from the quarantine site, except as provided in subsection (6) of this section, is prohibited without a permit from the ((Cowlitz or)) Thurston County noxious weed control board that details the end use and exact geographic destination.

(2) All land disturbing operations including excavation, utilities work, and similar activities require a one time, no fee permit from the weed board that obligates the operator to thoroughly hose down all equipment before leaving the quarantine area and record the next two areas where the equipment is used after leaving the quarantine area.

(3) All off-road vehicles are banned in the quarantine area without the written permission of the ((Cowlitz or)) Thurston County noxious weed control board, except in designated parking areas.

(4) All weed control measures and irrigation practices in the quarantine area are to be conducted at the direction of the ((Cowlitz or)) Thurston County noxious weed control board.

(5) Yellow nutsedge control shall take precedence over all other land uses in the quarantine area.

(6) The ((Cowlitz or)) Thurston County noxious weed control board may designate and clearly mark portions of the site as free from infestation and allow removal of sand or soil from these areas without specific permit to nonagricultural sites: Provided, That adequate precautions are taken to prevent commingling of infested and noninfested soils and equipment used in the infested area is thoroughly cleaned before use in the area designated as uninfested.

[Statutory Authority: Chapter 17.10 RCW. 98-01-056, 16-752-315, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), 16-752-315, filed 1/11/91, effective 2/11/91; 89-24-090, 16-752-315, filed 12/6/89, effective 1/6/90.]


AMENDATORY SECTION(Amending WSR 98-01-056, filed 12/11/97, effective 1/11/98)

WAC 16-752-320   Costs of quarantine.   The costs of serving the notice required by RCW 17.10.210(2) shall be borne by the department. The costs of control work shall be borne by the landowner unless otherwise determined by the ((Cowlitz or)) Thurston County noxious weed control board or the director in consultation with the Washington state noxious weed control board.

[Statutory Authority: Chapter 17.10 RCW. 98-01-056, 16-752-320, filed 12/11/97, effective 1/11/98; 91-03-045 (Order 2069), 16-752-320, filed 1/11/91, effective 2/11/91; 89-24-090, 16-752-320, filed 12/6/89, effective 1/6/90.]

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