WSR 14-01-104

[Filed December 18, 2013, 10:09 a.m.]

Proposed Permit: The Washington state department of ecology (ecology) is proposing a new general permit to regulate the use of imazamox for management of Zostera japonica (Z. japonica) on commercial clam beds in Willapa Bay, a surface water of Washington state. Permit development was requested by commercial shellfish growers to control Z. japonica on commercial clam beds in Willapa Bay to facilitate the cultivation and harvest of clams.

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.

Ecology has determined that this proposal is likely to have significant adverse impacts on the environment, particularly the native eelgrass, Zostera marina. A draft environmental impact statement (DEIS) has been prepared and is available for review and comment.

Purpose of the Permit: 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.

Copies of the Draft Permit: You may download copies of the draft permit, fact sheet, DEIS, and economic impact analysis, beginning January 2, 2014, from the web site at http://www.ecy.wa.gov/programs/wq/pesticides/eelgrass.html.

Ecology Contact: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6563, e-mail nathan.lubliner@ecy.wa.gov.

Open House, Workshop, and Public Hearing: Ecology will hold one open house, workshop, and public hearing on the draft general permit and DEIS. The purpose of the workshop is to explain the general permit, and answer questions in order to facilitate meaningful testimony during the hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comment on the proposed permit and DEIS. Written comments will receive the same consideration as oral testimony. The open house, workshop, and public hearing will begin at 10 a.m. and conclude when public testimony is complete.

Open House, Workshop, and Public Hearing: February 1, 2014, 10 a.m., at the Willapa Harbor Community Center, 916 West First Street, South Bend, WA 98586.

Submitting Written Comments: Ecology will accept written comments on the draft permit, fact sheet and environmental impact analysis until 5 p.m., February 15, 2014. Ecology prefers comments be submitted by e-mail. E-mailed comments must contain the commenter's name and postal address. Comments should reference specific permit text when possible.

Submit comments by e-mail to nathan.lubliner@ecy.wa.gov.

Submit written comments to Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.

You must send e-mail comments before 5 p.m., February 15, 2014. Written comments must be postmarked no later than 5 p.m., February 15, 2014.

Issuing the Permit: The final permit will be issued after ecology receives and considers all public comments. If public comments cause a substantial change in the permit conditions from the original draft permit, another public notice of draft and comment period may ensue. Ecology expects to issue the general permit in the spring of 2014.