WSR 14-07-093

[Filed March 18, 2014, 2:36 p.m.]

Permit Issuance: On April 2, 2014, the Washington state department of ecology (ecology) issued a general national pollutant discharge elimination system (NPDES) permit for the control of Zostera japonica (Z. japonica) on commercial clam beds in Willapa Bay. The permit covers the spraying of imazamox on commercial clam beds in Willapa Bay, Washington. The effective date of this permit is May 2, 2014.

Purpose of the Permit: The federal Clean Water Act and Washington's water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Imazamox, the herbicide proposed for management of Z. japonica is a potential pollutant, and therefore requires a discharge permit before application to surface waters. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

This permit would allow the management of Z. japonica on commercial clam beds in Willapa Bay, excluding geoduck culture, using the herbicide imazamox. Commercial clam growers must apply for coverage under this permit prior to implementing Z. japonica control activities using imazamox.

Public Notice Process and Comments: Ecology accepted public comment on the draft permit, fact sheet and draft environmental impact statement from January 2, 2014, until February 15, 2014.

Ecology held a public workshop and hearing in South Bend, Washington on February 1, 2014. Ecology received oral and written comments during the public comment period and responded to these comments in the fact sheet and in the environmental impact statement responsiveness summary. You may download copies of the permit, the response to comments, the fact sheet and the environmental impact statement from the ecology web site at http://www.ecy.wa.gov/programs/wq/pesticides/eelgrass.html. In addition, you may contact water quality program at (360) 407-6400 to request permit documents.

Appeal Options: The terms and conditions of this general permit, being issued April 2, 2014, may be appealed only by filing an appeal in writing to the pollution control hearings board (PCHB) and by serving it upon ecology at the addresses below. E-mail is not accepted. Appeals of the general permit must be made within thirty days of issuance or receipt, whichever is later (see chapter 43.21B RCW) (RCW is the Revised Code of Washington). The procedures and requirements for the appeal process are contained in RCW 43.21B.310. An appeal must be filed with:

Street Addresses: Department of Ecology, Attn: Appeals Processing Desk, 300 Desmond Drive S.E., Lacey, WA 98503 or Pollution Control Hearings Board, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501.

Mailing Addresses: Department of Ecology, Attn: Appeals Processing Desk, P.O. Box 47608, Olympia, WA 98504-7608 or Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903.

If you have questions about the permit, contact Nathan Lubliner at nathan.lubliner@ecy.wa.gov, or (360) 407-6563.