Authorizing contract with Lewis County Noxious Weed Control and AquaTechnex for Eurasian watermilfoil treatment at Mineral Lake. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-295
AUTHORIZING A CONTRACT BETWEEN LEWIS
COUNTY NOXIOUS WEED CONTROL AND
AQUATECHNEX FOR EURASIAN WATERMILFOIL
TREATMENT AT MINERAL LAKE
WHEREAS, Lewis County Noxious Weed Control has successfully obtained
funding from DOE for the treatment of Eurasian watermilfoil at Mineral Lake,
detailed in Agreement No. WQAIP-2022-LeCoNW-00037, requiring a contract to be
executed with an appropriate contractor for the performance of said treatment;
and
WHEREAS, Lewis County Noxious Weed Control has determined that ProcellaCOR
EC is the safest and most appropriate choice of herbicide for the treatment of
Eurasian watermilfoil at Mineral Lake, due to its selectivity for milfoils and a
thorough safety review issued by Washington State Department of Ecology,
granting it "Reduced Risk" status; and
WHEREAS, AquaTechnex has been identified as the sole licensed provider of
ProcellaCOR EC treatments in the Pacific Northwest and an official quote for the
cost of said treatment has been received, totaling $47,675.00; and
WHEREAS, Lewis County Noxious Weed Control is requesting the Board of County
Commissioners' (BOCC) authorization to enter into this Sole Source Contract.
NOW THEREFORE BE IT RESOLVED that the BOCC has determined executing
the Sole Source Contract between Lewis County Noxious Weed Control and
AquaTechnex, in the amount of $47,675.00, for the treatment of Eurasian
watermilfoil at Mineral Lake and using ProcellaCOR EC, is in the best public
interest and the Noxious Weed Program Coordinator is hereby authorized to sign
the same on behalf of Lewis County Noxious Weed Control.
DONE IN OPEN SESSION this 10th day of August, 2021.
Page 1 of 2 Res. 21-295
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: •' °""TY was•• LindseyPollock,R. DVM
Q° •
L` dsey R. Pollock, DVM, Vice Chair
1N E .
•Q X845 2� :
SRO
Rieva Lester '�`9s ''CON"�5;:°' Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-295
# DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. WQAIP-2022-LeCoNW-00037
WATER QUALITY AQUATIC INVASIVE PLANT FUNDING AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
LEWIS COUNTY NOXIOUS WEED CONTROL
This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and Lewis County Noxious Weed Control,hereinafter referred to as the"RECIPIENT,"to
carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: Control of Early Infestation of Eurasian Watermilfoil
at Mineral Lake,WA
Total Cost: $90,000.00
Total Eligible Cost: $80,000.00
Ecology Share: $60,000.00
Recipient Share: $20,000.00
The Effective Date of this Agreement is: 07/01/2021
The Expiration Date of this Agreement is no later than: 06/30/2023
Project Type: Early Infestation
Project Short Description:
Eurasian watermilfoil,a class B noxious aquatic weed,was first observed at Mineral Lake, WA,in the fall of 2020.Due
to the significant threat posed by this invasive species,both to the aquatic ecosystem and to the economic base of the
community,the RECIPIENT will work on eradication of the watermilfoil from the lake.
Project Long Description;
Mineral Lake is a naturally occurring lowland lake located in the NE portion of Lewis County, Washington eventually
feeding into the Nisqually River.Eurasian watermilfoil was first observed in the southern portion of the lake by Lewis
County Noxious Weed Control(LCNWCB)in the fall of 2020.Subsequent survey work conducted by ECOLOGY
confirmed the presence of milfoil at several locations along the perimeter of the lake.
Recognized as an aggressive invasive species,milfoil forms dense mats that shade out and compete with native
State of Washington Department of Ecology Page 2 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
vegetation,degrading water quality, inhibiting water flow and fish movement,and impacting recreational activities. Milfoil
is classified as a Class B noxious weed by the Washington State Noxious Weed Control Board (WSNWCB),and is
designated for control by the LCNWCB in regions were the species is not yet widespread.There are no known
populations of milfoil in the river system below Mineral Lake. Alder Lake and Alder Lake Dam,located downstream of
Mineral Lake,on the Nisqually River, should be of great concern,as milfoil is not yet known to present,however,could
pose significant threats to the infrastructure of the dam if milfoil were to establish itself there.Additionally,due to its
close proximity to Mt. Rainier National Park and Gifford Pinchot National Forest,it is also possible that milfoil could be
spread from Mineral Lake to the high elevation lakes within these nature preserves from boating,kayaking,fishing,or
other recreational activities.
Due to its early detection,and the relatively low infestation level,a rapid response with herbicidal treatment would be
the best approach to keep the milfoil population under control;prevent its spread into downstream portions of the
watershed;preserve the recreational and wildlife habitat value of the lake;and prevent negative impacts to the
community's economic base.
Overall Goal:
The overall project goal is to eradicate the new infestation of Eurasian watermilfoil,and reduce the distributions and
density of other invasive plants in and around Mineral'Lake.
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
RECIPIENT INFORMATION
Organization Name: Lewis County Noxious Weed Control
Federal Tax ID: 91-6001351
DUNS Number:
Mailing Address: 351 NW North Street
Chehalis,WA 98532
Physical Address: 351 NW North Street
Chehalis,Washington 98532
Organization Email: charles.edmonson@lewiscountywa.gov
Contacts
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Agreement No: WQAIP-2022-LeCoNW-00037 Page 4 of 23
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
Project Manager Casey Risley
Noxious Weed Control Specialist
351 NW North Street
Chehalis,Washington 98532
Email: casey.risley@lewiscountywa.gov
Phone: (360)740-1215
Billing Contact Charles Edmonson
Program Coordinator
351 NW North Street
Chehalis, Washington 98532
Email: charles.edmonson@lewiscountywa.gov
Phone: (360)740-1215
Charles J Edmonson
Authorized Program Coordinator
Signatory
351 NW North Street
Chehalis,Washington 98532
Email: charles.edmonson@lewiscountywa.gov
Phone: (360)740-1215
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Lizbeth Seebacher
Project
Manager
PO Box 47600
Olympia,Washington 98504-7600
Email: lsee461@ecy.wa.gov
Phone: (360)407-6938
Lizbeth Seebacher
Financial
Manager
PO Box 47600
Olympia,Washington 98504-7600
Email: lsee461@ecy.wa.gov
Phone: (360)407-6938
Lizbeth Seebacher
Technical
Advisor
PO Box 47600
Olympia,Washington 98504-7600
Email: lsee461@ecy.wa.gov
Phone: (360)407-6938
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watennilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions
of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws,
statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or representations
other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State Lewis County Noxious Weed Control
Department of Ecology
By: on behalf of 07/26/2021 By: 7 r a 1
1
Vincent McGowan,P.E. Date Charles J Edmonson Date
Water Quality Program Coordinator
Program Manager
Template Approved to Form by
Attorney General's Office
Template Version 12110/2020
State of Washington Department of Ecology Page 7 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
Casey Risley
7
(141)62-1
Lewis County Noxious Weed Control Date
Specialist
Charles Edmonson
7- / (
Lewis County Noxious Weed Control Date
Coordinator
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State of Washington Department of Ecology Page 8 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
SCOPE OF WORK
Task Number: 1 Task Cost:$4,000.00
Task Title: Project Administration/Management
Task Description:
A.The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include,but are not limited to: maintenance of project records;submittal of requests for reimbursement and
corresponding backup documentation;progress reports;and a recipient closeout report(including photos).
B.The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,contracting,and
interlocal agreement requirements;application for,receipt of,and compliance with all required permits,licenses,easements,or
property rights necessary for the project;and submittal of required performance items.
C.The RECIPIENT shall manage the project. Efforts include,but are not limited to: conducting,coordinating,and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees;ECOLOGY;all affected local,state,or federal jurisdictions;and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome:
*Timely and complete submittal of requests for reimbursement,quarterly progress reports,and RECIPIENT closeout report.
* Properly maintained project documentation
Recipient Task Coordinator: Bill Wamsley
Project Administration/Management
Deliverables
Number Description Due Date
1.1 Quarterly Progress Reports 07/31/2021
1.2 Recipient Closeout Report 02/15/2023
1.3 Project Outcome Summary Report 03/01/2023
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
SCOPE OF WORK
Task Number: 2 Task Cost:$3,000.00
Task Title: Public Outreach and Education
Task Description:
A. The RECIPIENT will conduct outreach to Mineral Lake residents, landowners,recreational users,and businesses about the
reasons why control of aquatic invasive species is important and necessary in the lake.The public outreach plan will include
delivery of one or more workshops/presentations to the parties mentioned,outlining the proposed treatment plan,thorough
description of herbicide to be used,timing of application,and respond to all concerns voiced.
Task Goal Statement:
To inform and educate lake users and lake residents aboirt the negative impacts of aquatic invasive species and their role in
prevention,early detections,and control in Mineral Lake. To promote a positive working relationship with the lake users.
residents,and businesses for support in planned herbicide treatments and to promote a continuation of support and community
awareness of preventing future introductions of invasive species.
Task Expected Outcome:
Lake residents and users know how to identify invasive,or suspicious,aquatic weeds and will reach out to LCNWCB or
WDFW with any concerns or to report possible invasive species. Lake users are aware of the pros and cons of
EPA-approved herbicides to target Eurasian milfoil and other invasive species. Lake residents and users are aware of the
reasons why herbicide was chosen by Lewis County Noxious Weed Control as a methods to control aquatic weeds in Mineral
Lake,and have an opportunity to ask questions and receive answers about the control options considered.
Recipient Task Coordinator: William Wamsley
Public Outreach and Education
Deliverables
Number Description Due Date
2.1 The RECIPIENT will provide presentation and sign-in sheets from 07/31/2021
workshop(s)and upload into EAGL
2.2 The RECIPIENT will provide copies of invasive control information 07/31/2021
distributed to the public
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State of Washington Department of Ecology
Page 10 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
SCOPE OF WORK
Task Number: 3 Task Cost:$73,000.00
Task Title: Herbicide Treatment& Monitoring
Task Description:
A.The RECIPIENT will provide a survey of all aquatic plants in Mineral Lake prior to herbicide application,after herbicide
application is complete for the season(12-18 weeks after initial application),and again in the spring during the growing season.
B.The RECIPIENT will obtain a permit for the herbicide application.
C.The RECIPIENT will follow state guidelines for the bidding process and contract with an aquatic herbicide applicator to
safely apply EPA-approved herbicide(s)to the littoral zone of Mineral Lake annually to control Eurasian watermilfoil.
D.The RECIPIENT will monitor the efficacy of the herbicide application and consider additional or alternative treatment
methods for the second year treatment plan if necessary.
E.The RECIPIENT will notify lake users through website,mailing addresses,and any available email lists when herbicide will
be applied.
Task Goal Statement:
Control Eurasian watermilfoil populations in target areas.Assess success of the control efforts through evaluation of invasive
plant density before and after treatment.Notify lake residents as per permit requirements when aquatic herbicides are being
applied.Monitor residual herbicide in the lake at application areas and lake outlet to determine concentration.
Task Expected Outcome:
Substantial reduction in population of specific invasive aquatic species in the area targeted with herbicide,as demonstrated by
records of aquatic plant surveys prior to herbicide application,after herbicide application is complete for the season(12-18
weeks after initial application),and again in the spring during the max plant growth season.
Recipient Task Coordinator: William Wamsley
Herbicide Treatment& Monitoring
Deliverables
Number Description Due Date
3.1 The RECIPIENT will provide herbicide application records 09/30/2021
3.2 The RECIPIENT will provide the herbicide monitoring results 09/30/2021
3.3 The RECIPIENT will document the density of invasive aquatic plants pre and 09/30/2021
post herbicide application
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
BUDGET
Funding Distribution EG210296
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: Control of Eurasian Watermilfoil at Mineral LiFunding Type: Grant
Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023
Funding Source:
Title: Aquatic Weeds Management Fund
Fund:
TYPe: State
Funding Source%: 100%
Description: $3 registration fee on boat trailers
Approved Indirect Costs Rate: Approved State Indirect Rate:25%
Recipient Match%: 25%
InKind Interlocal Allowed: Yes
InKind Other Allowed: Yes
Is this Funding Distribution used to match a federal grant? No
Control of Eurasian Watermilfoil at Mineral Lake Task Total
Project Administration/Management $ 4,000.00
Public Outreach and Education $ 3,000.00
Herbicide Treatment&Monitoring $ 73,000.00
Total:$ 80,000.00
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
Control of Eurasian Watermilfoil 25.00 % $ 20,000.00 $ 60,000.00 $ 80,000.00
at Mineral Lake
Total $ 20,000.00 $ 60,000.00 $ 80,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply to you.
A.CERTIFICATION REGARDING SUSPENSION.DEBARMENT.INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification,they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person,
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred,and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than$25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is
required to report the FFATA information for federally funded agreements,including the required DUNS number,at
www.fsrs.gov<http://www.fsrs.gov/>within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov<http://www.usaspending.govh.
For more details on FFATA requirements,see www.fsrs.gov<http://www.fsrs.gov/>.
C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EOUIPMENT:
As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use
covered telecommunications equipment,video surveillance services or services as a substantial or essential component
of any system,or as critical technology as part of any system.As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-I I5pub1232/pdf/PLAW-115pub1232.pdf>,section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation(or any subsidiary or affiliate of such entities).
Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or
services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in
the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list.
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Agreement No: WQAIP-2022-LeCoNW-00037
Project Title Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
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Agreement No: WQA1P-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition."
(hops://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent
modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188,
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the Agreement,providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic
archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed,or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
*For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological
and Cultural Resources.
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Agreement No: WQA1P-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
• For projects with any federal involvement,comply with the National Historic Preservation Act of 1966(Section 106).
b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff,volunteers,and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic
Preservation at(360)586-3065,any affected Tribe,and the local government.
d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all
affected local,state,or federal jurisdictions,and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has
been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
Template Version 12/10/2020
State of Washington Department of Ecology Page 17 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and
other reports required by this Agreement.Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to
this Agreement,including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility
in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor
affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this Agreement the
determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review.
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: WQAIP-2022-LeCoNW-00037 Page I8of23
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental
measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004
(Ecology Publication No.04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and
processed.Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when
requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection files,map products,and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project
described herein,except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that parry's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be
employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other
party.
Template Version 12/10/2020
State of Washington Department of Ecology Page 19 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged to
take the following actions,when possible,in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE)
(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of
Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the
"Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any
online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the
RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
Template Version 12/10/2020
State of Washington Department of Ecology Page 20 of 23
Agreement No: WQA1P-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to
use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants
and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
t) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,and
attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition,purchase,or construction costs of such property.
Template Version 12/10/2020
State of Washington Department of Ecology Page 21 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
22. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington,
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in
order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
State of Washington Department of Ecology Page 22 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact
meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced
packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free
products.
For more suggestions visit ECOLOGY's web page,Green Purchasing,
https://ecology.wa.gov/Reg u lations-Perth its/G uidance-technical-assistance/S ustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in
writing for commencement of work,or the time period defined within the Scope of Work.
Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state,federal or other sources is withdrawn,reduced,or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in
whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions,although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no
Template Version 12/10/2020
State of Washington Department of Ecology
Page 23 of 23
Agreement No: WQAIP-2022-LeCoNW-00037
Project Title: Control of Early Infestation of Eurasian Watermilfoil at Mineral Lake,WA
Recipient Name: Lewis County Noxious Weed Control
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
•
Lewis County—Sole Source Justification Appendix C
This form was completed by:
Charles J. Edmonson Program Coordinator Noxious Weed Control
Name Title Department
Requested Vendor: AquaTechnex Cost Estimate: $47,675.00
Vendor's Address: P.O. Box 118, Centralia, WA 98531 Vendor Phone: 360-239-5707/360-330-0152
Vendor Email kyle@aquatechnex.com Vendor Contact
Address/Website: www.aquatechnex.com Name: Kyle Langan
1. Describe the product, service, or system. Attach all information:
AquaTechnex is a self-styled full service lake and aquatic plant management firm,recognized as having
expertise in the restoration of aquatic habitats impacted by invasive aquatic species,including Eurasian
watermilfoil.Services include water quality monitoring,underwater mapping,aquatic herbicide
treatment,and others,often utilizing specialized equipment or selectively licensed products that we
would otherwise not have access to.ProcellaCOR EC is one of these specially licensed products.
2. Below are eligible reasons for sole source. Check all boxes below that apply to
your sole source situation and attach any useful documents to justify the sole
source. Space is available on page 2 to describe the applicable reasons.
❑ Compatibility to existing County standard or to existing equipment,
inventory, systems, data, programs, or service. Describe. List efforts to find
other sources.
) i Licensed or patented product with only one dealer. Describe. Attach
documentation if available, to confirm your source is the only dealer or supplier
for this region.
❑ Only authorized Service Provider, Repair and/or Warranty Services.
Describe.
❑ Unique design: Purchase requires unique features that are essential to its
design and specific to a particular supplier. Describe.
❑ Used item: Surplus item bought through an auction or distributor that would
represent good value and is advantageous to the County. Describe.
❑ Delivery Date: Only one supplier can meet required delivery date. Describe
and list efforts to find other suppliers to meet the delivery date.
❑ Project or Research Continuity: Product, systems, services, or data must
comply with an ongoing project, research, data, testing or analysis. Results
would be interrupted or compromised without continuity. Describe.
❑ Other: Please describe:
Revised: 11/2016 Page 1 of 2
Lewis County—Sole Source Justification Appendix C
Provide a Description of the Sole Source Reasons Checked on Page 1:
ProcellaCOR is a relatively new herbicide for the control of aquatic weeds,approved only a few years ago and explicitly tested on
and recommended for the control of Eurasian watermilfoil,among others.Its active ingredient,Florpyrauxifen-benzyl,requires
40x-100x less active ingredient and achieves significantly longer control than many other herbicide formulations
approved for the control of milfoil. It also holds a Reduced Risk classification from the EPA, meaning it is recognized
to pose little to no harm to human health,wildlife, non-target plants, and the water supply. The US EPA is even on record
saying ProcellaCOR is"practically non-toxic"to animals and humans.
Produced by SePRO, only PRO Certified ProcellaCOR specialists are allowed to use this proprietary product.
According to SePRO, PRO Certified ProcellaCOR Specialists are highly trained in the use of ProcellaCOR and
overall stewardship of water bodies. Further,they are specially certified to diagnose, prescribe, and implement
ProcellaCOR in aquatic noxious weed management, and are employees or owners of licensed companies that undergo
comprehensive training, participate in annual training events, and must pass rigorous examinations.
Aquatechnex is the only company in the Pacific Northwest, or even west of Colorado, licensed by the aforementioned
as PRO Certified ProcellaCOR specialists.
STATEMENT OF NEED:
My department's recommendation for sole source is based upon an objective review of the
good/service being required and appears to be in the best interest of the County. I know of no
conflict of interest on my part or personal involvement in any way with this request. No
gratuities, favor, or compromising action have taken place.Neither has my personal familiarity
with particular brands, types of equipment, materials, or firms been a deciding influence on my
request to sole source this purchase when there are other known suppliers to exist.
v':"..2 —20Z/
Signature of Requestor Date
Signature of Elected Official or Appointed Director
(if under$40,000) Date
Note: Board of County Commissioners approval required for over $40,000.
Please complete this form in its entirety and include with the payment
voucher requesting payment to the vendor. Please retain a copy for
your records.
Revised: 11/2016 Page 2 of 2
SPECIMEN LABEL User Safety Recommendations
Users should:
• Wash hands before eating,drinking,chewing gum,using tobacco or
ProcellaCOR.. EC usino u toilet.
• Remove clothing/PPE immediately if pesticide gets inside.Then wash
thoroughgh ly and put on clean clothing.
• Remove PPE immediately after handling this product.Wash the outside
A selective systemic herbicide for management of freshwater aquatic of gloves before removing.As soon as possible,wash thoroughly and
vegetation in slow-moving/quiescent waters with little or no change into clean clothing.
continuous outflow:ponds,lakes,reservoirs,freshwater marshes,
wetlands,bayous,drainage ditches,and non-irrigation canals, FIRST AID
including shoreline and riparian areas in or adjacent to these sites. If in eyes •Hold eye open and rinse slowly and gently with water for
15 to 20 minutes.
Also for management of invasive freshwater aquatic vegetation in •Remove contact lenses,if present,after the first 5 minutes;
slow-moving/quiescent areas of rivers(coves,oxbows or then continue rinsing eye.
similar sites). •Call a poison control center or doctor for treatment advice.
HOTLINE NUMBER
FLORPYRAUXIFEN-BENZYL GROUP 4 HERBICIDE Have the product container or label with you when calling a poison control
center or doctor,or going for treatment.In case of emergency endangering
Produced for: health or the environment involving this product,call INFOTRAC at
1-800-535-5053.
SePRO Corporation
11550 North Meridian Street,Suite 600 Environmental Hazards
Carmel,IN 46032.U.S.A. SePRO� Under certain conditions,treatment of aquatic weeds can result in oxygen
ProcellaCOR Prescription Dose Unit.and PDU EPA Reg.No.67690-80 depletion or loss due to decomposition of dead plants,which may cause
are trademarks of SePRO Corporation FPL20180226 fish suffocation.Water bodies containing very high plant density should
be treated in sections to prevent the potential suffocation of fish.Consult
with the State agency for fish and game before applying to public waters to
Active Ingredient: determine if a permit is needed.
Florpyrauxifen-benzyl:2-pyridinecarboxylic acid,
4-amino-3-chloro-6-(4-chloro-2-fluoro-3-methoxy- DIRECTIONS FOR USE
phenyl)-5-fluoro-,phenyl methyl ester 2.7% It is a violation of Federal Law to use this product in a manner inconsistent
Other Ingredients. 97.3% with its labeling.Read all Directions for Use carefully before applying.
TOTAL: 100.0%
Contains 0.0052 lb florpyrauxifen-benzyl per Prescription Dose UnitTM Do not apply this product in a way that will contact workers or other persons,
(PDUTM)or 0.21 lb florpyrauxifen-benzyVgallon.1 PDU is equal to 3.2 fl.oz. either directly or through drift.Only protected handlers may be in the area
of product. during application.For any requirements specific to your State or Tribe,
consult the agency responsible for pesticide regulation.
Keep Out of Reach of Children
Shake well before using.
CAUTION
PRODUCT INFORMATION
ProcellaCOR EC is a selective systemic herbicide for management of
Refer to the inside of label booklet for additional precautionary freshwater aquatic vegetation in slow-moving/quiescent waters with little or no
information including directions for use. continuous outflow:ponds,lakes,reservoirs,freshwater marshes,wetlands,
Notice:Read the entire label before using.Use only according to label bayous,drainage ditches,and non-irrigation canals,including shoreline and
directions.Before buying or using this product,read Warranty Disclaimer riparian areas in or adjacent to these sites.Also for management of invasive
and Misuse statements inside label booklet.If terms are not acceptable, oxbowsfrxbwstor aquatic vegetation in slow-moving/quiescent areas of rivers(coves,
or similar sites).
return at once unopened.
Apply ProcellaCOR EC directly into water or spray onto emergent foliage
Agricultural Chemical:Do not ship or store with food,feeds,drugs or grcult of aquatic plants.Depending upon method of application and target plant,
ProcellaCOR EC is absorbed by aquatic vascular plants through emergent or
PRECAUTIONARY STATEMENTS floating leaves and from water through submersed plant shoots and leaves.
HAZARDS TO HUMANS AND DOMESTIC ANIMALS In-water treatments are effective in spot and partial treatment designs with
relatively short exposure times(hours to several days).Species susceptibility
to ProcellaCOR EC may vary depending upon time of year,stage of growth,
CAUTION.Causes moderate eye irritation.Avoid contact with eyes
or clothing.Wash thoroughly with soap and water after handling and However,an wate movement.For best results,applyote actively growing plants.
before eating,drinking,chewing gum,using tobacco or using the toilet. st effective m control can be achieved over a toroad range of growth
ts
Remove and wash contaminated clothing before reuse. may requiree and environmental applicationlicl conditions.and longer
exposuren mature targetio olachi
may higher rates longer periods to achieve
PERSONAL PROTECTIVE EQUIPMENT(PPE) control.
Applicators and other handlers must wear: Resistance Management
• Long-sleeved shirt and long pants; ProcellaCOR EC is classified as a WSSA Group 4 Herbicide(HRAC Group
• Shoes plus socks; 0).Weed populations may contain or develop biotypes that are resistant to
• Protective eyewear;and ProcellaCOR EC and other Group 4 herbicides.If herbicides with the same
• Waterproof gloves. mode of action are used repeatedly at the same site,resistant biotypes may
eventually dominate the weed population and may not be controlled by these
Follow manufacturer's instructions for cleaning/maintaining PPE.If no such products.Unless ProcellaCOR EC is used as part of an eradication program
instructions for washables exist,use detergent and hot water.Keep and or in a plant management system where weed escapes are aggressively
wash PPE separately from other laundry. controlled,do not use ProcellaCOR EC alone in the same treatment area for
submersed and emergent plant control for more than 2 consecutive years,
Engineering Controls:When handlers use closed systems or enclosed unless used in combination or rotated with an herbicide with an alternate
cabs in a manner that meets the requirements listed in the Worker Protection mode of action.
Standard(WPS)for agricultural pesticides[40 CFR 170.240(d)(5)],the handler
PPE requirements may be reduced or modified as specified in the WPS.
1
To further delay herbicide resistance consider taking one or more of the Application to Water Used for Irrigation on Turf and Landscape
following steps: Vegetation
• Use tank mixtures with herbicides from a different group if such use is To reduce the potential for injury to sensitive vegetation,follow the waiting
permitted;Consult your local extension service or SePRO Corporation periods(between application and irrigation)and restrictions below,and inform
if you are unsure as to which active ingredient is currently less prone to those who irrigate with water from the treated area.Follow local and state
resistance. requirements for informing those who irrigate.
• Adopt an integrated weed-management program for herbicide use that When monitoring ProcellaCOR EC concentrations,analyze water samples
includes scouting and uses historical information related to herbicide use, using an appropriate analytical method for both the active ingredient and the
and that considers other management practices. acid form.Use of HPLC(High-Performance Liquid Chromatography),which is
• Scout after herbicide application to monitor weed populations for also referenced as FasTEST®,is recommended.
early signs of resistance development.Indicators of possible herbicide
resistance include:(1)failure to control a weed species normally controlled Applications to invasive freshwater aquatic vegetation in slow-moving/
by the herbicide at the dose applied,especially if control is achieved quiescent areas of rivers(coves,oxbows or similar sites).
on adjacent weeds;(2)a spreading patch of non-controlled plants of • Users must be aware of relevant downstream use of water for irrigation
a particular weed species;(3)surviving plants mixed with controlled that may be affected by the treatment and must ensure all label restrictions
individuals of the same species.If resistance is suspected,prevent weed are followed.All potential downstream water intakes with irrigation
seed production in the affected area by using an alternative herbicide practices that may be affected by the treatment must be documented and
from a different group or by a mechanical method that minimizes plant affected irrigation users notified of the restrictions associated with such
fragmentation. treatment.
• If a weed pest population continues to progress after treatment with this
product,switch to another management strategy or herbicide with a Residential and other Non-Agricultural Irrigation(such as shoreline
different mode of action,if available. property use including irrigation of residential landscape plants and
• Contact your local extension specialist or SePRO Corporation for homeowner gardens,golf course irrigation,and non-residential property
additional pesticide resistance-management and/or integrated irrigation around business or industrial properties.Excludes greenhouse or
weed-management recommendations for specific weed biotypes. nursery irrigation).
Stewardship Guidelines For Use • Turf Irrigation:Turf may be irrigated immediately after treatment.
Apply this product in compliance with Best Management Practices(BMP) • For irrigation of landscape vegetation or other forms of non-agricultural
that include site assessment,prescription,and implementation.BMP have irrigation not excluded above,conduct one of the following:
been developed to ensure accurate applications,minimize risk of resistance
development,and monitor concentrations in water to document levels o analytically verify that water contains less than 2 ppb(SePRO
needed for optimal performance and manage potential irrigation use.SePRO recommends use of FasTEST);or
Corporation will work with applicators and resource managers to implement o if treated area(s)have the potential to dilute with untreated water,follow
BMP for application and monitoring to meet management objectives and the precautionary waiting periods described in the tables 1 and 2 below
ensure compatibility with potential water uses. for in-water or foliar application.
Use Precautions TABLE 1:Non-agricultural irrigation following in-water application
• There are no restrictions for recreational purposes,including swimming Waiting Period(Days)for Irrigation at Specific Target Treatment Rates
and fishing. (PDU per acre-foot)
Use Restrictions Percent Area >3-5 >5.0 to >10.0 to >15.0 to >20.0 to
• Obtain Required Permits:Consult with appropriate state or local water of Waterbody 1-3 PDU PDU 10.0 15.0 20.0 25.0
authorities before applying this product to public waters.State or local Treated* PDU PDU PDU PDU
public agencies may require permits. 2%or less 6 hours 1 day 1 day 2 days 2 days 3 days
• Chemigation:Do not apply this product through any type of irrigation 3-10% 1 day 3 days 5 days 7 days 10 days 14 days
system. 11 -20% 3 days 7 days 10 days 10 days 14 days 21 days
• For in-water applications,the maximum single application rate is 25.0 21 -30% 5 days 10 days 14 days 21 days 28 days 35 days
Prescription Dose Units(PDU)per acre-foot of water with a limit of three
applications per year. >30% 7 days 14 days 21 days 28 days 35 days 35 days
• For aquatic foliar applications,do not exceed 10.0 PDU per acre for a single •Assumes treated area(s)have the potential to dilute with untreated water.If the treated
application,and do not apply more than 20.0 PDU total per acre per year. area is not projected to dilute rapidly(example:confined cove area),utilize FasTEST
• To minimize potential exposure in compost,do not allow livestock to drink to confirm below 2 ppb or verify vegetation tolerance before irrigation use.Consult a
treated water. SePRO Aquatic Specialist for additional site-specific recommendations.
• Do not compost any plant material from treated area.
• Allow 14 days or greater between applications. TABLE 2:Non-agricultural irrigation following foliar application
• Do not use water containing this product for hydroponic farming. Waiting Period(days)for Irrigation at Specific Target Treatment Rates
• Do not use treated water for any form of irrigation,except as described Percent Area of 5.0 PDU/acre >5.0 to 10.0 PDU/acre
in the Application to Water Used for Irrigation on Turf and Landscape Waterbody Treated*
Vegetation section. 10%or less 0.5 day 1 day
• Do not use for greenhouse or nursery irrigation.
• Make applications in a minimum of 10 gallons per acre(GPA)for ground 11 -20% 1 day 2 days
and a minimum of 15 gallons per acre(GPA)for aerial applications. >20% 2 days 3 days
• Do not apply to salt/brackish water. *Assumes treated area(s)have the potential to dilute with untreated water.If the treated
• Do not apply ProcellaCOR EC directly to,or otherwise permit ProcellaCOR area is not projected to dilute rapidly(example:confined cove area),utilize FasTEST
EC to come into contact during an application,with carrots,soybeans, to confirm below 2 ppb or verify vegetation tolerance before irrigation use.Consult a
grapes,tobacco,vegetable crops,flowers,ornamental shrubs or trees,or SePRO Aquatic Specialist for additional site-specific recommendations.
other desirable broadleaf plants,as serious injury may occur.Do not permit Susceptible Plants
spray mists containing ProcellaCOR EC to drift onto desirable broadleaf Do not apply where spray drift may occur to food,forage,or other plantings
plants.Further information on spray drift management is provided in the that might be damaged.Spray drift may damage or render crops unfit for
Spray Drift Management section of this label. sale,use or consumption.Small amounts of spray drift that may not be visible
• For treatments out of water,do not permit spray mists containing this may injure susceptible broadleaf plants.Before making a foliar or surface
product to drift onto desirable broadleaf plants as injury may occur.Further spray application,please refer to your state's sensitive crop registry
information on spray drift management is provided in the Spray Drift (if available)to identify any commercial specialty or certified organic
Management section of this label. crops that may be located nearby.At the time of a foliar or surface spray
• Do not allow tank mixes of ProcellaCOR EC to sit overnight.See additional application,the wind cannot be blowing toward adjacent cotton,carrots,
tank mix restrictions below. soybeans,corn,grain sorghum,wheat,grapes,tobacco,vegetable
• Do not use organosilicone surfactants in spray mixtures of this product. crops,flowers,ornamental shrubs or trees,or other desirable broadleaf
• Do not tank mix this product with malathion or methyl parathion. plants.
• Do not make an application of malathion or methyl parathion within 7
days of an application of this product.See additional tank mix restrictions
below.
2
Spray Drift Management Swath Adjustment:When applications are made with a crosswind,the swath
Avoiding spray drift at the application site is the responsibility of the will be displaced downwind.Therefore,on the up and downwind edges of the
applicator.The interaction of many equipment-and weather-related factors field,the applicator must compensate for this displacement by adjusting the
determines the potential for spray drift.The applicator is responsible for path of the aircraft upwind.Swath adjustment distance should increase with
considering all these factors when making decisions. increasing drift potential(higher wind,smaller drops,etc.).
The following drift management requirements must be followed to limit Wind:Drift potential is lowest between wind speeds of 2 to 10 mph.However,
off-target drift movement from aerial applications: many factors,including droplet size and equipment type,determine drift
Aerial Application: potential at any given speed.Do not make applications below 2 mph due
• Aerial A applicators Application:
must use a minimum finished spray volume of 15 gallons to variable wind direction and high inversion potential.Do not apply in wind
speeds greater than 10 mph.Local terrain can influence wind patterns.Every
per acre. applicator should be familiar with local wind patterns and how they affect
• Drift potential is lowest between wind speeds of 2 to 10 mph.Do not apply spray drift.
below
2 mph due to variable wind direction and high potential for temperature Temperature and Humidity:When making applications in low relative
inversion.Do not apply in wind speeds greater than 10 mph. humidity,set up equipment to produce larger droplets to compensate for
• To minimize spray drift from aerial application,apply with a nozzle class evaporation.Droplet evaporation is most severe when conditions are both hot
that ensures coarse or coarser spray(according to ASABE S572)at spray and dry.
boom pressure no greater than 30 psi. Temperature Inversions:Do not apply during a local,low level temperature
• The distance of the outer most operating nozzles on the boom must not
exceed 70%of wingspan or 80%of rotor diameter. inversion because drift potential is high.Temperature inversions restrict
• Nozzles must always point backward parallel with the air stream and never vertical air mixing,which causes small suspended droplets to remain in a
be pointed downwards more than 45 degrees, concentrated cloud.This cloud can move in unpredictable directions due to
• Do not apply under conditions of a low-level air temperature inversion. the light variable winds common during inversions.Temperature inversions
• The maximum release height must be 10 feet from the top of the weed are characterized by increasing temperatures with altitude and are common
canopy,unless a greater application height is required for pilot safety. on nights with limited cloud cover and light to no wind.They begin to form
as the sun sets and often continue into the morning.Their presence can be
Evaluate spray pattern and droplet size distribution by applying sprays indicated by ground fog;however,if fog is not present,inversions can also be
containing a water-soluble dye marker or appropriate drift control agents identified by the movement of the smoke from a ground source or an aircraft
over a paper tape(adding machine tape).Mechanical flagging devices may smoke generator.Smoke that layers and moves laterally in a concentrated
also be used.Do not apply under conditions of a low-level air temperature cloud(under low wind conditions)indicates an inversion,while smoke that
inversion.A temperature inversion is characterized by little or no wind and moves upward and rapidly dissipates indicates good vertical air mixing.
lower air temperature near the ground than at higher levels.The behavior of USE DIRECTIONS
smoke generated by an aircraft-mounted device or continuous smoke column ProcellaCOR EC performance and selectivity may depend on dosage,time of
released at or near site of application will indicate the direction and velocity year,stage of growth,method of application,and water movement.
of air movement.A temperature inversion is indicated by layering of smoke at
some level above the ground and little or no lateral movement. Aquatic Plants Controlled:In-Water Application
Ground Application Table 3 lists the expected susceptible species under favorable treatment
• Ground applicators must use a minimum finished spray volume of 10 conditions for aquatic plant control.Use of lower rates will increase
gallons per acre. selectivity on some species listed.Consultation with SePRO Corporation is
• To minimize spray drift from ground application,apply with a nozzle class recommended before applying ProcellaCOR EC to determine best in-water
that ensures coarse or coarser spray(according to ASABE S572). treatment protocols for given target vegetation.
• For boom spraying,the maximum release height is 36 inches from the soil TABLE 3.Vascular aquatic plant control with in-water application
for ground applications.
• Where states have more stringent regulations,they must be observed. Vascular Aquatic Plants Controlled:In-Water Application
The applicator should be familiar with,and take into account the information Common name I Scientific name
covered in the following Aerial Drift Reduction Advisory(this information is Floating Plants
advisory in nature and does not supersede mandatory label requirements.) Mosquito fern Azolla spp.
Aerial Drift Reduction Advisory Water hyacinth Eichhornia crassipes
Information on Droplet Size:The most effective way to reduce drift potential Emersed Plants
is to apply large droplets.The best drift management strategy is to apply the Alligatorweed Alternanthera philoxeroides
largest droplets that provide sufficient coverage and control.Applying larger American lotus Nelumbo lutea
droplets reduces drift potential,but will not prevent drift if applications are Floating heart Nymphoides spp.
made improperly,or under unfavorable environmental conditions(see Wind,
Temperature and Humidity,and Temperature Inversions). Water pennywort Hydrocotyle umbellata
Water primrose Ludwigia spp.
Controlling Droplet Size: Watershield Brasenia schreberi
• Volume-Use high flow rate nozzles to apply the highest practical spray
volume.Nozzles with higher rated flows produce larger droplets. Submersed Plants
• Pressure-Do not exceed the nozzle manufacturer's specified pressures. Bacopa Bacopa spp.
For many nozzle types,lower pressure produces larger droplets.When Coontail' Ceratophyllum demersum
higher flow rates are needed,use higher flow rate nozzles instead of Hydrilla' Hydrilla verticillata
increasing pressure. Parrotfeather Myriophyllum aquaticum
• Number of Nozzles-Use the minimum number of nozzles that provide Water chestnut Trapa coverage. spp.
• Nozzle Orientation-Orienting nozzles so that the spray is released Watermilfoil,Eurasian Myriophyllum spicatum
parallel to the air stream produces larger droplets than other orientations. Watermilfoil,Hybrid Eurasian Myriophyllum spicatum X M.spp.
Significant deflection from horizontal will reduce droplet size and increase Watermilfoil,Variable Myriophyllum heterophyllum
drift potential. Higher-rate applications within the specified range may be required to control
• Nozzle Type-Use a nozzle type that is designed for the intended less-sensitive weeds.
application.With most nozzle types,narrower spray angles produce larger
droplets.Consider using low-drift nozzles.Solid stream nozzles oriented Aquatic Plants Controlled:Foliar Application
straight back produce the largest droplets and the lowest drift. Table 4 lists the expected susceptible species using labeled foliar rates
(5.0—10.0 PDU per acre)under favorable treatment conditions for aquatic
Boom Length:To further reduce drift without reducing swath width,boom plant control.Use higher rates in the rate range on more established,dense
must not exceed 70%of wingspan or 80%of rotor diameter. vegetation.Consultation with SePRO Corporation is recommended before
Application Height:Do not make applications at a height greater than 10 applying ProcellaCOR EC to determine best foliar treatment protocols for
feet above the top of the largest plants unless a greater height is required for given target vegetation.
aircraft safety.Making applications at the lowest height that is safe reduces
exposure of droplets to evaporation and wind.
3
TABLE 4.Vascular aquatic plant control with foliar application To calculate the amount of product needed in fluid ounces,use the formula
Vascular Aquatic Plants Controlled:Foliar Application below:
Common name Scientific name Number of acres X average depth(feet)X PDU`X 3.17=fluid ounces
:from Table 5
Floating Plants
Mosquito fern Azolla spp. Example Calculation:
Water hyacinth Eichhornia crassipes To control hybrid watermilfoil in 2 acres of a 5-acre lake(>30%treated)
with an average depth of 2 feet:
Emersed Plants 2 acres X 2 feet X 3 PDU X 3.17=38.04 fl.oz.
Alligatorweed Aliernanthera philoxeroides For in-water applications,the maximum single application is 25.0 PDU/
American lotus _Nelumbo lutea acre-foot,with a limit of three applications per year.Allow 14 days or greater
Floating heart Nymphoides spp. between applications.Product may be applied as a concentrate or diluted
Parrotfeather(emersed) Myriophyllum aquaticum with water prior to or during the application process.Use an appropriate
Water pennywort Hydrocoty/e umbel/ata application method that ensures sufficiently uniform application to the treated
Water primrose Ludwigia spp. area.
Watershield Brasenia schreberi Foliar Application to Floating and Emergent Weeds
Apply ProcellaCOR EC as a foliar application to control weeds such as
APPLICATION INFORMATION water hyacinth,water primrose,and other susceptible floating and emergent
Mixing Instructions species.Use an application method that maximizes spray interception by
In-Water Application to Submersed or Floating Aquatic Weeds target weeds while minimizing the amount of overspray that inadvertently
ProcellaCOR EC can be applied undiluted or diluted with water for in-water enters the water.
applications.To dilute with water,it is recommended to fill the spray tank to For all foliar applications,apply ProcellaCOR EC at 5.0 to 10.0 PDU per
one-half full with water.Start agitation.Add correct quantity of ProcellaCOR acre.Use of a surfactant is required for all foliar applications of ProcellaCOR
EC.Continue agitation while filling spray tank to required volume and during EC.Use only surfactants that are approved or appropriate for aquatic use.
application. Methylated seed soil(MSO)is a recommended surfactant and is typically
Foliar Application to Floating and Emergent Weeds applied at 1.0%volume/volume.Refer to the surfactant label for use
Dilute ProcellaCOR EC with water to achieve proper coverage of treated directions.For best results,apply to actively growing weeds.ProcellaCOR EC
plants.To dilute with water,it is recommended to fill spray tank to one-half full may be applied more than once per growing season to meet management
with water.Start agitation.A surfactant must be used with all post-emergent objectives.Do not exceed 10.0 PDU per acre during any individual
foliar applications.Use only surfactants that are approved or appropriate for application or 20.0 PDU total per acre,per year from all combined treatments.
aquatic use.For best performance,a methylated seed oil(MSO)surfactant is Foliar Spot Treatment
recommended.Read and follow all use directions and precautions on aquatic To prepare the spray solutions,thoroughly mix ProcellaCOR EC in water at
surfactant label.After adding ProcellaCOR EC and surfactant,continue a ratio of 5.0 to 10.0 PDU per 100 gallons(0.12 to 0.24%product)plus an
agitation while filling spray tank to required volume and during application. adjuvant.For best results,a methylated seed oil at 1%volume/volume is the
TANK-CLEANOUT INSTRUCTIONS recommended spray adjuvant.When making spot application,ensure spray
ProcellaCOR EC should be fully cleaned from application equipment prior to coverage is sufficient to wet the leaves of the target vegetation but not to the
use for other applications.Contact a SePRO Aquatic Specialist for guidance point of runoff.
on methods for thorough cleaning of application equipment after use of the Aerial Foliar Application to Floating and Emergent Weeds
product. Apply ProcellaCOR EC in a spray volume of 15 gallons per acre(GPA)or
APPLICATION METHODS more when making a post-emergence application by air.Apply with coarse
to coarser droplet category per S-572 ASABE standard;see NAAA,USDA
In-Water Application to Submersed or Floating Aquatic Weeds or nozzle manufacturer guidelines.Follow guidelines and restrictions in the
ProcellaCOR EC can be applied via trailing hose,by sub-surface injection,or Spray Drift Management and Aerial Drift Reduction Advisory sections to
surface spray as an in-water application to control weeds such as hydrilla, minimize potential drift to off-target vegetation.Aircraft should be patterned
floating heart,water hyacinth,and other susceptible weed species.This per Operation Safe/PAASS program for calibration and uniformity to provide
product has relatively short exposure requirements for in-water treatments sufficient coverage and control.
(hours to days),but treatments with high exchange and short exposure Boat or Ground Foliar Application to Floating and Emergent Weeds
periods should be carefully planned to achieve best results.Where greater When applying ProcellaCOR EC by boat or with ground equipment to
plant selectivity is desired-such as when controlling hydrilla or other more emergent or floating-leaved vegetation,use boom-type,backpack or
susceptible species,choose a lower dose in the specified range.A SePRO hydraulic handgun equipment.ApplyProcellaCOR EC in a sufficient spray
Aquatic Specialist can provide site-specific prescriptions for optimal control volume(e.g.20 to 100 gpa)to provide accurate and uniform distribution of
based on target weed,management objectives,and site conditions. spray particles over the treated vegetation while minimizing runoff.Use higher
Apply ProcellaCOR EC to the treatment area at a prescription dose unit spray volumes for medium to high density vegetation.For boom spraying,
(PDU)to achieve appropriate concentrations.A PDU is a unit of measure use coarse or coarser nozzle spray quality per S-572 ASABE standard;
that facilitates the calculation of the amount of product required to control see USDA literature or nozzle manufacturer guidelines.Follow nozzle
target plants in 1 acre-foot of water or 1 acre for foliar applications.Per Table manufacturer's recommendations for nozzle pressure,spacing and boom
5 below,1-25 PDU are needed to treat 1 acre-foot of water,depending on height to provide a uniform spray pattern.Follow appropriate spray drift
target species and the percent of waterbody to be treated. management information where drift potential is a concern.
Use Table 5 to select the dose needed to treat 1 acre-foot of water. TANK MIXES WITH OTHER AQUATIC HERBICIDES
TABLE 5:Prescription Dose Units(PDU**) water* DO NOT TANK MIX ANY PESTICIDE PRODUCT WITH THIS PRODUCT
p per acre-foot of without first referring to the following website for the specific product:
Percent Area Target Species www.3206tankmix.com.This website contains a list of active ingredients that
of Waterbody Eurasian Hybrid Variable Leaf are currently prohibited from use in tank mixture with this product.
Treated Watermilfoil Watermilfoil Watermilfoil Other Only use products in tank mixture with this product that:1)are registered for
s 2% 3-4 4-5 3-5 3-25 the intended use site,application method and timing;2)are not prohibited for
>2 10% 2-3 3 5 3 4 3 20 tank mixing by the label of the tank mix product;and 3)do not contain one of
the prohibited active ingredients listed on www.3206tankmix.com website.
>10-20% 1 -3 3-4 2-4 3-15
>20-30% 1 -2 2-3 2-3 2-10 Applicators and other handlers(mixers)who plan to tank-mix must access
>30% 1 -2 2-3 1 -2 1 -5 the website within one week prior to application in order to comply with the
most up-to-date information on tank mix partners.
In all cases,user may apply up to the maximum of 25 PDU per acre-foot.Consult
your SePRO Aquatics Specialist for site-specific recommendations. Do not exceed specified application rates for respective products or
**1 PDU contains 3.17 fl.oz.of product. maximum allowable application rates for any active ingredient in the tank mix.
Read carefully and follow all applicable use directions,precautions,and
limitations on the respective product labels.It is the pesticide user's
4
responsibility to ensure that all products in the mixtures are registered for the Warranty Disclaimer:SePRO Corporation warrants that this product
intended use.Users must follow the most restrictive directions for use and conforms to the chemical description on the product label.Testing and
precautionary statements of each product in the tank mixture. research have also determined that this product is reasonably fit for the uses
Always perform a(jar)test to ensure the compatibility of products to be used described on the product label.To the extent consistent with applicable law,
tank mixture. SePRO Corporation makes no other express or implied warranty of fitness
inor merchantability nor any other express or implied warranty and any such
STORAGE AND DISPOSAL warranties are expressly disclaimed.
Do not contaminate water,food,or feed by storage or disposal. Misuse:Federal law prohibits the use of this product in a manner
Pesticide Storage:Store in original container only.Keep container closed inconsistent with its label directions.To the extent consistent with applicable
when not in use.Do not store near food or feed.In case of spill or leak law,the buyer assumes responsibility for any adverse consequences if this
on floor or paved surfaces,soak up with vermiculite,earth,or synthetic product is not used according to its label directions.In no case shall SePRO
absorbent. Corporation be liable for any losses or damages resulting from the use,
Pesticide Disposal:Pesticide wastes are toxic.Improper disposal of handling or application of this product in a manner inconsistent with its label.
excess pesticide,spray mixture,or rinsate is a violation of Federal law.If For additional important labeling information regarding SePRO Corporation's
these wastes cannot be disposed of by use according to label instructions, Terms and Conditions of Use,Inherent Risks of Use and Limitation of
contact your State Pesticide or Environmental Control Agency or the Remedies,please visit htto://searolabels.com/terms or scan the image below.
Hazardous Waste Representative at the nearest EPA Regional Office for
guidance.
Container Handling ❑■ ■❑
Non-refillable Container.DO NOT reuse or refill this container.Triple • I '
rinse or pressure rinse container(or equivalent)promptly after emptying; ••r�•�!.
then offer for recycling,if available,or reconditioning,if appropriate,or 5�
puncture and dispose of in a sanitary landfill,or by incineration,or by other %
AO
procedures approved by state and local authorities.
Triple rinse containers small enough to shake(capacity<5 gallons) .•.•p.•
as follows:Empty the remaining contents into application equipment or ■❑
a mix tank and drain for 10 seconds after the flow begins to drip.Fill the
container�/4 full with water and recap.Shake for 10 seconds.Pour rinsate
into application equipment or a mix tank,or store rinsate for later use or °Copyright 2018 SePRO Corporation
disposal.Drain for 10 seconds after the flow begins to drip.Repeat this
procedure two more times.
Triple rinse containers too large to shake(capacity>5 gallons)as
follows:Empty the remaining contents into application equipment or a
mix tank.Fill the container'/4 full with water.Replace and tighten closures.
Tip container on its side and roll it back and forth,ensuring at least one
complete revolution,for 30 seconds.Stand the container on its end and tip
it back and forth several times.Turn the container over onto its other end
and tip it back and forth several times.Empty the rinsate into application
equipment or a mix tank,or store rinsate for later use or disposal.Repeat
this procedure two more times.
Pressure rinse as follows:Empty the remaining contents into application
equipment or mix tank and continue to drain for 10 seconds after the flow
begins to drip.Hold container upside down over application equipment or
mix tank,or collect rinsate for later use or disposal.Insert pressure rinsing
nozzle in the side of the container and rinse at about 40 PSI for at least 30
seconds.Drain for 10 seconds after the flow begins to drip.
SePR
SePRO Corporation
11550 North Meridian Street, Suite 600
Carmel, IN 46032, U.S.A.
Summary Sheet
As per the "Supplemental Environmental Impact Statement for State of Washington Aquatic
Plant and Algae Management," prepared by TRC Environmental for the Washington Department of
Ecology, issued August 14th, 2017, and identified by Publication No. 17-10-020&SEPA No. 201704291.
See section 4.3, pp. 43 -57, "Evaluation of ProcellaCOR." Pages attached.
Available at:
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4.3 EVALUATION OF PROCELLACORTM (FLORPYRAUXIFEN-BENZYL)
NOTE: GEI Consultants, Inc. executed a confidential non-disclosure agreement with SePRO Corporation
to obtain and review proprietary studies and data. SePRO is working in partnership with Dow
AgroSciences to develop this technology for aquatic weed control. In the absence of peer-reviewed
journal articles or other scientific literature,these studies—many of which were performed in support of
EPA's Office of Pesticide Programs (OPP) registration requirements—were used to prepare the
evaluation of the candidate aquatic herbicide.
4.3.1 Registration Status
PROCELLACORTM (ProcellacorTM) Aquatic Herbicide (2-pyridinecarboxylic acid,4-amino-3-chloro-6-(4-
chloro-2-fluoro-3-methoxyphenyl)-5-fluoro-, phenylmethyl ester also known as RinskorTM; common
name:florpyrauxifen-benzyl) has not yet been registered nationally by the EPA or in Washington State
by the WSDA under 15.58 Revised Code of Washington (RCW). This SEIS provides technical,
environmental, and other information required by Ecology to determine whether to add ProcellacorTM to
existing water quality NPDES permits,which will allow this herbicide to be discharged to the waters of
the State as allowed under the Clean Water Act.
ProcellacorTM (florpyrauxifen-benzyl)was granted Reduced Risk status by EPA under the Pesticide
Registration Improvement Act (PRIA)Version 3 (https://www.epa.gov/pria-fees/pria-overview-and-
history#pria3) in early 2016 (Denny, Breaux, 2016; also see notification letter at Attachment A) because
of its promising environmental and toxicological profiles in comparison to currently registered
herbicides utilized for partial treatment of hydrilla, invasive watermilfoils, and other noxious plant
species. EPA concluded that the overall profile appeared more favorable when compared to the
registered alternatives for the proposed use patterns for these noxious species, and that the reduction
in risk pertaining to human health was the driving factor in this determination.As discussed later in the
document, ProcellacorTM shows excellent selectivity with few or limited impacts to native aquatic plants
such as aquatic grasses, bulrush, cattail, pondweeds, naiads, and tapegrass. In its review, EPA also noted
that the overall profile for the herbicide appears favorable when compared to currently registered
alternative herbicides (e.g. 2,4-D, endothall,triclopyr)for this aquatic use pattern. ProcellacorTM
represents an alternative mode of chemical action which is more environmentally favorable than
currently registered aquatic herbicides. Florpyrauxifen-benzyl would be expected to offer improvements
in IPM for control of noxious aquatic weeds.The alternative mode of action should also help to prolong
the effectiveness of many aquatic herbicide solutions by offering a new rotation or combination
alternative as part of herbicide resistance management strategies.
The new candidate aquatic herbicide is under expedited review from EPA under the PRIA per the
Reduced Risk status designation discussed above, with an anticipated registration date of summer 2017.
As part of the review, EPA's OPP is also currently conducting human health and ecological risk
assessments with an expected date of release in late spring 2017.This SEIS document relies on
information currently available at this time, much of which necessarily is limited to data provided by
Dow AgroSciences and SePRO Corporation in developing and testing the herbicide. It can be revised with
more updated information following the release of EPA review information as well as other peer-
reviewed literature expected to be released later in 2017. Dow AgroSciences has also concurrently
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applied to EPA for registration of the florpyrauxifen-benzyl active ingredient for weed control in rice
paddies.The initial ProcellacorTM formulation is expected to be a 300 g TGAI/L suspension concentrate.
Control of hydrilla and invasive watermilfoils can be achieved at in-water spot/partial treatment rates of
10 to 50 µg a.i./L with ProcellacorTM, as opposed to rates of 1,000 to 5,000 p.g a.i./L for endothall, 2,4-D,
and triclopyr(Getsinger 2016, Beets and Netherland 2017a in review, Netherland et al 2017 in prep).
This analysis considers florpyrauxifen-benzyl's(ProcellacorrM's) mode of action,efficacy,and range of in-
water treatment concentrations required to achieve control across different water exchange/exposure
scenarios. The review discusses results of mesocosm and other field studies conducted in partial site
and whole pond treatments, described in more detail below.
To help expedite development and future adoption of the technology, SePRO has been working with
numerous partners and collaborators to conduct experimental applications to confirm field efficacy on a
variety of target aquatic vegetation, as well as to document non-target effects or impacts.As an
unregistered product that does not have a federal experimental use permit, EPA guidelines require that
field testing be limited to one acre or less of application per target pest species and that uses of water
potentially affected by this application such as swimming,fishing, and irrigation be restricted.The
discussion below provides a summary of the herbicides' physical properties, mammalian and
ecotoxicological information, environmental fate, and other requirements for EPA registration. Most of
these studies have been conducted by Dow AgroSciences and SePRO Corporation in fulfillment of EPA's
OPP pesticide registration requirements under FIFRA(as represented by Heilman 2016).As noted above,
few peer-reviewed publications have yet been released, although more are expected later in 2017 and
beyond.
4.3.2 Description
ProcellacorTM is the aquatic trade name for use of a new active ingredient (florpyrauxifen-benzyl),which
is one chemistry in a novel class of herbicides known as the arylpicolinates. The primary end-use
formulation anticipated for in-water application at time of registration is a 300 g active ingredient/liter
suspension concentrate, but other aquatic use formulations are being considered for registration shortly
after the initial EPA decision.
Aquatic herbicides are grouped by contact(controls plant shoots only)vs. systemic (controls entire
plant), and by aqueous concentration and exposure time(CET) requirements. In general, contact
products are quicker acting with shorter CET requirements,while systemic herbicides are slower acting
with longer CET requirements. In light of this, ProcellacorTM is quick-acting, has relatively short CET
requirements, is systemic, and requires low application rates compared to other currently registered
herbicides. Moreover, it has shown short persistence in both water and sediment relative to currently
registered herbicides such as endothall, 2,4-D, and triclopyr, is species-selective, and has minimal non-
target effects to both plant and animal species. Its effective chemical mode of action and high selectivity
for aquatic invasive and noxious plants provides a significant impetus for its development and eventual
registration. ProcellacorTM has demonstrated this selective, systemic activity with relatively short CET
requirements on several major aquatic weed species, including hydrilla and invasive watermilfoils.
Netherland and Richardson (2016) and Richardson et al. (2016) investigated the sensitivity of numerous
aquatic plant species to the compound, and provided verification of ProcellacorTM's activity on key
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invasives and greater tolerance by the majority of native aquatic plants tested to date. Additional
government and university research has documented high activity and different selectivity patterns
relative to possible impacts to non-target aquatic vegetation compared to other currently registered,
well-documented herbicides such as triclopyr,endothall, and/or 2,4-D(Beets and Netherland 2017a in
review, Beets and Netherland 2017b in prep, Haug and Richardson 2017 in prep).
4.3.2.1 Environmental Characteristics:Product Use and Chemistry
ProcellacorTM shows excellent activity on several major US aquatic weeds including hydrilla (H.
verticillata) and multiple problematic watermilfoils (Myriophyllum spp.), including Eurasian (EWM) and
hybrid Eurasian (M. spicatum X M.sibiricum), parrotsfeather(M. aquaticum), and variable-leaf milfoil
(M. heterophyllum). ProcellacorTM provides a new systemic mode of action for hydrilla control and a new
class of auxin-mimic herbicide chemistry for selective management of invasive watermilfoils. It also has
in-water or foliar herbicidal activity on a number of noxious emergent and floating aquatic plants such
as water hyacinth and invasive floating hearts(Nymphoides spp.). ProcellacorTM has low application
rates (50 µg/L or less)for systemic activity with short CET requirements (12—72 hours depending on
rate and target weed) allowing for spot and/or partial in-water applications. For such treatments,
ProcellacorTM provides selective control with several hundred times less herbicide use versus current in-
water,spot treatment herbicides such as endothall (5,000 µg/L maximum use rate for dipotassium salt
form) and 2,4-D (4,000 µg/L maximum use rate). ProcellacorTM also appears to show high selectivity with
few impacts to native aquatic plants such as aquatic grasses, bulrush, cattail, pondweeds, naiads, and
tapegrass (see discussion on selectivity below).
ProcellacorTM is effective in controlling hydrilla, and offers a new pattern of selectivity for removing
hydrilla from mixed aquatic-plant communities.The strong activity of this new alternative mode of
action supports its development for selective hydrilla control. Mesocosm studies summarized by
Heilman (2016) and in preparation or under active review for peer-reviewed publication have shown
that control of standing biomass of hydrilla and EWM can be achieved in two to three weeks,with high
activity even on 2,4-D and triclopyr-tolerant stands of hybrid EWM (Beets and Netherland 2017a in
review, Netherland et al. 2017 in prep). Multiple small-scale laboratory screening studies were
conducted to support both target weed activity and regulatory consideration of potential effects of
ProcellacorTM on non-target aquatic vegetation.The test plant EC50 response (herbicide concentration
having 50%effect)to static exposures of ProcellacorTM was determined for 12 different plant species:
the general EC50 range was approximately 0.11 µg/L to greater than 81 µg/L(Netherland and
Richardson, 2016; Richardson et al., 2016). Similar small-scale comparative efficacy testing of
Procellacor1"vs. 2,4-D and triclopyr on multiple invasive watermilfoils confirms orders of magnitude
greater activity with ProcellacorTM versus the older auxin herbicides, including activity on hybrid EWM
with documented tolerance to the older herbicides(Beets and Netherland 2017b in prep). These
findings are promising for ProcellacorTM, as they support significantly lower herbicide application rates
combined with a favorable environmental profile, discussed in more detail below.
4.3.2.2 Environmental Mobility and Transport
ProcellacorT"/Rinskor is known to have low water solubility(laboratory assay of TGAI: 10 to 15 µg/L at
pH 5 to 9, 20°C), low volatility (vapor pressure approx. 10-'mm Hg), with moderately high partition
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coefficients(log K.values of approximately 5.4 to 5.5),which describe an environmental profile of low
solubility and relatively high affinity for sorption to organic substrates.
The environmental fate of the herbicide in soil and water has been characterized as part of the
registration package and is well understood.The parent compound is not persistent and degrades via a
number of pathways including photolysis, aerobic soil degradation, aerobic aquatic degradation, and/or
hydrolysis to a number of hydroxyl, benzyl-ester, and acid metabolites. In aerobic soil, Procellacor'"
degrades moderately quickly, with half-lives ranging from 2.5 to 34 days,with an average of 15 days.
Anaerobic soil metabolism studies also show relatively rapid degradation rates, with half-lives ranging
from 7 to 15 days, and an average of 9.8 days. The herbicide is short-lived,with half-lives ranging from 4
to 6 days and 2 days, respectively, in aerobic and anaerobic aquatic environments, and in total water-
sediment systems such as mesocosms. These half-lives are consistently rapid compared to other
currently registered herbicides such as 2,4-D,triclopyr, and endothall. Degradation in surface water is
accelerated when exposed to sunlight,with a reported photolytic half- life in laboratory testing of 0.07
days.
In two outdoor aquatic dissipation studies, as summarized by Heilman (2016),the SC formulation of the
herbicide was directly injected into outdoor ponds at nominal rates of 50 and 150 p.g/L as the active
ingredient. Water phase dissipation half-lives of 3.0—4.9 days were observed,which indicates that the
material does not persist in the aquatic environment. With conditions similar to wetland and marsh
habitat, results from another field dissipation study in rice paddies that incorporated appropriate water
management practices for both wet-seeded and dry-seeded rice (also reported by Heilman 2016)
resulted in aquatic-phase half-lives ranging from 0.15 to 0.79 days, and soil phase half-lives ranging from
0.0037 to 8.1 days These results do not indicate a tendency to persist in the aquatic environment. The
herbicide can be classified as generally immobile based on soil log Koc values in the order of 10-5, and
suggest that the potential for off-site transport is minimal. This is consistent with numerous
observations that Procellacor" undergoes rapid degradation in the soil and aqueous environments via a
number of degradation mechanisms, summarized above.
4.3.2.3 Field Surveys and Investigations
A human health and ecological risk assessment is currently being conducted by EPA Office of Pesticide
Programs. Results of this assessment are expected to be released during spring of 2017(Denny,2016),
and these conclusions will either support or refute data already collected for Procellacor". There are no
preliminary findings to report, but based on the current understanding of available environmental fate,
chemistry,toxicological, and other data,there is little to no cause for concern to human health or
ecotoxicity for acute, chronic, or subchronic exposures to ProcellacorTM formulations.
4.3.2.4 Bioconcentration and Bioaccumulation
A fish bioconcentration factor study and magnitude of residue studies for clam, crayfish, catfish, and
bluegill support that, as anticipated from its physical chemistry and organic affinity,
Procellacor'"/Rinskor will temporarily bioaccumulate but is rapidly depurated and/or metabolized within
freshwater organisms within 1—3 days after exposure to high concentrations(150 µg/L or higher).
Based on these findings and the low acute and chronic toxicity to a wide variety of receptor organisms,
summarized below, bioconcentration or bioaccumulation are not expected to be of concern for the
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ProcellacorTM aquatic use. EPA's forthcoming human health and ecological risk assessment will include
exposure scenarios that will help to further clarify and refine the understanding of bioconcentration or
bioaccumulation potential for ProcellacorTM.
4.3.2.5 Toxicological Profile
Mammalian and Human Toxicity
Extensive mammalian toxicity testing of ProcellacorTM has been conducted by the proposed registrant,
and results have shown little evidence of acute or chronic toxicity. Acute mammalian toxicity testing for
ProcellacorTM showed very low acute toxicity by oral or dermal routes(LD50 values greater than 5,000
mg/kg). Acute toxicity is also reported low via the inhalation route of exposure (LC50 value greater than
5.2 mg/L). ProcellacorTM is reported not to be an irritant to eyes or skin and only demonstrated a weak
dermal sensitization potential in a mouse local lymph node assay(EC3 of 19.1%).
Absorption, distribution, metabolism, and elimination profiles have been developed for ProcellacorTM. In
summary, ProcellacorTM has demonstrated rapid absorption (Tmax of 2 hours),with higher absorption
rates at lower doses (36 to 42%of the administered dose), rapid hydrolysis, and rapid elimination via the
feces(51 to 101%) and urine (8 to 42%) during the first 24 hours following administration to laboratory
mammals. In general,the lower doses tested would be more representative of levels potentially
encountered by people, mammals,or other organisms.
Based on laboratory testing, ProcellacorTM is not genotoxic, and there was no treatment-related toxicity
even up to the highest doses tested in the acute, short-term,two generation reproduction or
developmental toxicity studies or in the acute or subchronic neurotoxicity studies. Chronic
administration of the herbicide did not show any carcinogenicity potential and did not cause any
adverse effects in mice, rats or dogs, at the highest doses tested. In summary, studies conducted in
support of EPA registration indicate there is little or no concern for acute, short term, subchronic or
chronic dietary risk to humans from ProcellacorTM applications.Tests have shown no evidence of
genotoxicity/carcinogenicity, immunotoxicity, neurotoxicity,subchronic or chronic toxicity, reproductive
or developmental toxicity, and only showed evidence of low acute toxicity.
Several studies conducted on both mice and rats, over the course of 1-2 years have indicated no
treatment-related (post-necropsy) clinical observations or gross histopathological lesions. An 18-month
mouse study was conducted, and no chronic toxicity, carcinogenicity,or other adverse effects were
observed, even in those male and female mice receiving the highest doses tested. A 1-year dog study is
also ongoing; similar to the above mammalian toxicity tests, no treatment-related toxicity or pathology
has yet been observed during this study. Reproductive, developmental, and endocrine toxicity
(immunotoxicity) has also been tested, and results of all these tests showed no evidence of toxicity.
Although no specific human testing has been conducted for ProcellacorTM, based on extensive laboratory
testing on mammalian species, little to no acute or chronic toxicity would be expected in association
with environmental exposures.
General Ecotoxicity
ProcellacorTM has undergone extensive ecotoxicological testing and has been shown to be nearly non-
toxic to birds in acute oral, dietary, and reproduction studies. Similar to the mammalian testing
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summarized above, no toxicity was observed for avian,fish, or other species exposed to the herbicide in
acute and long-term studies,with endpoints set at the highest concentration tested,which are well
above those actually released as part of label-specified application of ProcellacorTM. As would be
expected for an herbicide,toxicity has been observed to certain sensitive terrestrial and aquatic plants
(see plant discussion below).
As noted above,the TGAI of ProcellacorTM exhibits low water solubility, and in laboratory aquatic
ecotoxicity studies,the highest concentration of TGAI that could be dissolved in the test water(or
functional solubility)was approximately 40-60 µg/L in freshwater.The acute and/or chronic endpoints
for freshwater fish and invertebrates are generally at, or above,the limit of functional solubility.
Additional evaluations indicate a lack of toxicity of the aquatic end-use product(greater functional
solubility than the TGAI) and metabolites up to several orders of magnitude above the typical in-water
use rates of ProcellacorTM (50 µg/L or less).
Fish Ecotoxicity
A variety of fish tests have been conducted in cold and warm water fish species using the TGAI as well as
the end-use formulation and various metabolites.Acute toxicity results using rainbow trout(O. mykiss, a
standard cold water fish testing species) indicated LC50 values of greater than 49 µg/L, and greater than
41 µg/L for fathead minnow(P. promelas, a standard warm water species).The pure TGAI would not be
expected to be released into the environment,and comparable acute ecotoxicity testing was performed
for carp using an end-use formulation for ProcellacorTM. Results indicate an LCso value of greater than
1,900 µg/L for carp(C. carpio), indicating much lower acute toxicity potential.A marine toxicity test was
identified,where sheepshead minnows (C. variegatus)were tested for acute toxicity, and a LC50 value of
greater than 40 µg/L was produced,which is comparable to freshwater species tested for acute toxicity.
This value is indicative of slight acute toxicity potential if environmental concentrations were to be
present at these levels,which is unlikely. Comparable acute ecotoxicity testing using various
Procellacorrm metabolites indicated LC50 values uniformly greater than 1,000 µg/L, indicating a minimal
potential for acute toxicity from metabolites. Salmonid toxicity data also indicated no overt toxicity to
juvenile rainbow trout at limit of solubility for both the TGAI and end-use formulation at the maximum
application rate (40 µg/L). If fish were to occupy a plant-infested littoral zone that was treated by
ProcellacorTM, no toxic exposure would be expected to occur, as toxicity thresholds would not be
exceeded by the concentrations predicted to be allowed for use by the FIFRA label.
Fish toxicity testing, in addition to that summarized above, has been planned and is currently under way
for sensitive and ESA-listed aquatic species and habitat considerations in the Pacific Northwest,as
reported by Grue (2016 and 2017).The emphasis for this aquatic toxicity testing is on salmonid species
(Chinook salmon, bull trout, coho salmon, etc.),which are the most frequently listed and probably the
most representative fish species in the Northwest under ESA.The most commonly accepted surrogate
fish test species for salmonids is the cold water salmonid rainbow trout(O. mykiss), but to help alleviate
additional uncertainty,this additional testing will use age-and species-appropriate salmon species, and
is intended to replicate pre-registration toxicity tests with trout using environmentally representative
exposure concentrations.Test endpoints include acute mortality,growth, and other sublethal and
behavioral endpoints(e.g.erratic swimming,on-bottom gilling, etc.)to evaluate more subtle
toxicological effects potentially associated with ProcellacorTM. Preliminary results from this testing
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indicate little to no effects associated with exposure to florpyrauxifen-benzyl, and a final report on this
work will be forthcoming later in 2017.
This testing will screen comparable treatments to the trout testing(0,40 and 80 µg/L ProcellacorTM, with
the latter being well in excess of anticipated maximum labeled use rate).Testing will follow standard
guidelines (ASTM, 2002; EPA, 1996) as did the earlier testing(e.g. Breaux, 2015),to ensure
comparability. Results from this additional testing are expected to become available by late spring 2017,
and will be useful in expanding our understanding of the toxicological properties of ProcellacorTM when
used in salmon-bearing waters.
Avian Toxicity
As noted above, ProcellacorTM has been shown to be of low acute and chronic toxicity to birds as shown
in a series of acute oral, dietary, and reproduction studies (Breaux, 2015). Little to no toxicity was
observed for avian species exposed to the herbicide in both acute and longer-term chronic studies,with
the highest test concentrations exceeded expected labeled rates, a common practice in laboratory
toxicology. Bird testing was conducted to include standard test species including mallard duck(A.
platyrhynchos),the passerine (songbird) species zebra finch (T. guttata), and bobwhite quail (C.
virginianus).Tests involved oral administration for acute and chronic testing and reproductive studies,
eggshell thinning, life cycle testing, and other endpoints. In summary, acute oral testing using bobwhite
quail and zebra finch yielded LDso values of greater than 2,250 mg/kg-day for both species.Two five-day
acute dietary tests were also conducted,which both yielded LCso values of greater than 5,620 mg/kg-
day. Subchronic reproductive tests were also conducted for bobwhite quail and mallard ducks both
yielded NOEC values of 1,000 mg/kg in the feed.All of these results are highly indicative of little to no
toxicity to each of the avian species tested.
No amphibian or reptile toxicity testing was required by EPA Office of Pesticide Programs registration
requirements, or conducted as part of the testing regimen for ProcellacorTM. EPA guidelines generally
assert that avian testing is an adequate surrogate for amphibian or reptile testing, and invertebrate and
mammalian test results are available as well to support projection of minimal toxicity of ProcellacorTM to
amphibians or reptiles.
Invertebrate Ecotoxicity
Acute and chronic testing of ProcellacorTM with honey bees,the only insect species tested, has indicated
no evidence of ecotoxicity to this species (Breaux, 2015). Concerning aquatic invertebrates, acute testing
was performed for both the daphnid D. magna and the midge Chironomus sp.Tests were conducted
using both the TGAI and end-use formulation for ProcellacorTM, as well as various metabolites.Acute
toxicity results for the TGAI using D. magna indicated LCso values of greater than 62 µg/L, and greater
than 60 µg/L for Chironomus. This is generally consistent with acute toxicity testing conducted for the
freshwater amphipod Gammarus sp.,for which a NOEC value of 42 µg/L was developed.These results
are indicative of little to no acute toxicity to these species. Comparable acute ecotoxicity testing was
performed for D. magna using a ProcellacorTM end-use formulation, and results indicated an LCso value of
greater than 80,000 µg/L,also indicating negligible acute toxicity potential. Acute ecotoxicity testing
using various metabolites of the herbicide indicated LCso values uniformly greater than 980 µg/L,with
most values exceeding 10,000 pg/L, indicating little to no potential for acute toxicity for the metabolites.
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Life cycle testing was also completed for a freshwater(D. magna)for both the TGAI and metabolites,
and results showed a Lowest Observable Adverse Effect Concentration (LOAEC) and an NOAEC of 38
µg/L(both endpoints) showing low toxicity potential for the TGAI in an artificial scenario of static
exposure using a renewal protocol design. The spot/partial use pattern of the herbicide and instability
of TGAI under natural conditions project to a lack of chronic exposure to aquatic fauna. Comparable
testing with metabolites showed LOAEC/NOAEC values both exceeding 25,000 p.g/L, indicating negligible
levels of toxicity for metabolites. Whole sediment testing using the TGAI for a freshwater invertebrate
(chironomid midge)was also conducted for acute (10 day) and chronic(28 day) duration. The chronic
test spiked water overlying sediments to a target concentration as the means to initiate exposure.
Results of the whole sediment testing indicated an acute 10-day LOAEC of 10.5 mg ai/kg sediment and
28-day NOEC level of 78.5 µg/L(overlying water target concentration),which would generally be
indicative of very low to negligible aquatic ecotoxicity.
Additionally, acute screening was recently performed by North Carolina State University(Principal
Investigator: Dr. Greg Cope, cited as Buczek et al. 2017)on the juvenile life stage of a representative
freshwater mussel (L.siliquoidea) with the TGAI, a primary metabolite (acid metabolite), and two TEP/
formulations(the SC above and a 25 g/L EC formulation). The study showed no toxicity to juvenile
mussels in any test with formulated results showing No Effect Concentrations(NOEC)that were 25—50
times greater than anticipated maximum application rate for the new herbicide(Cope et al. 2017 in
prep).
Although the proposed registration for ProcellacorTM in Washington State will be for freshwater
application, it is possible that ProcellacorTM would be applied near marine or estuarine habitats for weed
control. Acute toxicity testing, using TGAI, conducted on the eastern oyster(C. gigas) produced an
NOEC of greater than 24 p.g ai/L and a comparable NOEC value for mysid shrimp (M. bahia) of greater
than 26 µg ai/L, both the highest rates tested due to solubility limits with assays. Comparable NOEC
values developed for primary aquatic end-use formulation were greater than 1,100 and 1,350 µg/L as
formulated product(>289 and >362 µg/L as active ingredient), respectively,for the oyster and shrimp.
Marine invertebrate life cycle testing was conducted using the TGAI on a mysid shrimp) and a chronic
NOAEC of 7.8 µg/L(LOAEC of 13 µg/L)was developed,which is potentially indicative of chronic toxicity
to marine or estuarine invertebrates if these sustained concentrations were attained in environmental
settings. Acute NOECs for oyster and mysids tested with the TGAI were set at the highest mean
measured rate of tested material.There were no adverse effects noted in those studies. There are
potential unknowns with possible effects with acute exposures to concentrations greater than 24-26
µg/L, but range finding-finding toxicity testing demonstrated that this range of concentrations were the
highest limits to maintain solubility of TGAI in the assays.
In practice, due to rapid degradation of the TGAI in the field, rapid dilution from spot applications(main
use pattern), and not labelling for estuarine and marine sites will mitigate any chance of acute
exposures to marine invertebrates above the range of mid-20 µg/L. Chronic toxicity results for mysid
shrimp do suggest possible chronic effects at 7.8 µg/L,with extended exposures to the TGAI. Again,
however,the use pattern is not intended for estuarine/marine application with the initial labelling.The
use pattern in freshwater is spot/partial treatments with negligible chance of sustained TGAI
concentrations migrating downstream to estuarine habitat even if the freshwater site was in close
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proximity to an estuarine area. In general,the labeled freshwater use for spot/partial applications(high
dilution potential)to control noxious freshwater aquatic plants and the rapid degradation of the TGAI
suggest minimal risk to marine and estuarine invertebrates following application to a nearby freshwater
site. Metabolite testing with marine species yielded NOECs of greater than 25,000 µg/L, indicating
negligible toxicity.
Data Gaps
No data gaps have been identified for the basic environmental profile, including environmental fate,
product chemistry,toxicology and ecotoxicology, and field studies required by EPA for pesticide
registration. However,a number of recent trials are currently in review(e.g., Beets and Netherland
2017a) or in preparation for publication (e.g. Beets and Netherland, 2017b, Netherland et al. 2017, Haug
et al. 2017).These, along with the continued use of ProcellacorTM under a variety of plant management
scenarios,will add valuable information that can be incorporated into the product labels, improved
treatment profiles and potentially required mitigation measures.
4.3.3 Environmental and Human Health Impacts
4.3.3.1 Earth
Soil and Sediments
ProcellacorTM has moderately high measured K0,,and Koc partition coefficients,with log Kow and Koc
values of approximately 5.4 to 5.5,or about 10-5,which supports low solubility and demonstrates a
relatively high affinity for sorption to organically enriched substrates such as soils or sediments.
However, as noted above, in aerobic soil ProcellacorTM degrades quickly,with half-lives ranging from 2.5
to 34 days,with an average of 15 days. Anaerobic soil metabolism studies are similar, showing relatively
rapid degradation rates with half-lives ranging from 7 to 15 days, and an average of 9.8 days.This rapid
degradation in the soil and sediment environment strongly suggests low persistence in these media.
Due to the low acute and chronic toxicity described below, low to negligible impacts are expected in
soils and sediments adjoining ProcellacorTM treatment areas.The herbicide can be classified as largely
immobile based on soil log Koc values in the order of 10-5, and that potential for off-site transport would
be minimal.
Agriculture
At anticipated use concentrations, irrigation or flooding of crops with water treated with ProcellacorTM
are not expected to damage crops or non-target wild plants, except under scenarios not addressed in
the forthcoming EPA label.
Terrestrial Land Use
At anticipated use concentrations,water reentry or swimming in water treated with ProcellacorTM is not
expected to cause dermal,eye, or other irritation or toxicity to human or wildlife species.
SEIS for Aquatic Plant Management 47
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Results you can rely on
Washington State Department of Ecology
August 2017
4.3.3.2 Water
Surface Water and Runoff
ProcellacorTM is known to have low water solubility(about 15 µg/L in lab testing) and the parent
compound is not persistent and is known to quickly degrade via a number of well-established pathways.
As discussed above,the herbicide is short lived in aerobic and anaerobic aquatic environments in a total
water-sediment system. When exposed to direct sunlight, degradation in surface water is even more
accelerated,with a reported photolytic half-life as little as 0.1 days.
The two outdoor aquatic dissipation studies summarized above further support this rapid dissipation
and low impact. Both studies show that when ProcellacorTM was directly injected into outdoor
freshwater ponds at nominal rates of 50 and 150 µg/L,very rapid water-phase dissipation half-lives (3 to
4.9 days)were observed.These characteristics strongly suggest that the potential for off-site transport
or mobility is minimal.As noted above, ProcellacorTM undergoes rapid degradation in both soil and
aqueous-phase environments via a number of degradation mechanisms.
No use for aquatic vegetation management in marine or estuarine water using ProcellacorTM will be
labeled at this time in Washington State(Heilman, 2016).
No specific studies or exposure scenarios were identified where drift or runoff were specifically
investigated, but the forthcoming EPA risk assessment for ProcellacorTM is expected to address these
scenarios. For drift,the low vapor pressure (approximately 10-'mm Hg) indicates that the material is not
prone to volatilize following application,thus minimizing drift potential, and the low water solubility,
low acute and chronic toxicity, along with minimal potential for persistence suggest that potential
hazards associated with surface water runoff would be minimal.
Groundwater and Public Water Supplies
Few studies have yet been completed for groundwater, but based on known environmental properties
concerning mobility, solubility, and persistence, ProcellacorTM is not expected to be associated with
potential environmental impacts or problems in groundwater.
In laboratory aquatic ecotoxicity studies,the highest concentration of TGAI that could be dissolved in
the test water(or functional solubility)was approximately 40-60 µg/L in freshwater and 20-40 µg/L in
saltwater.This is due to the low water solubility of the active ingredient and limits the range for which
these toxicity tests can be conducted.This finding suggests that the water chemistry of ProcellacorTM
would limit potential environmental impacts to groundwater or surface water.
Impacts to public water supplies are expected to be low to negligible based on the low solubility, low
persistence, and low acute and chronic toxicity of ProcellacorTM. Section 4.3.4 discusses possible
measures or best management practices (BMPs)that could be used to further reduce potential impacts
to public water supplies.The Ecology permit has mitigation that requires permittees to obtain an
approval letter for this treatment prior to obtaining coverage under the permit.
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Results you can rely on
Washington State Department of Ecology
August 2017
4.3.3.3 Wetlands
The habitat and aquatic structure found in rice paddies is similar to those in a wetland and marsh
environments, making the studies reported by Heilman (2016a) and Netherland and Richardson (2016)
important tools for this analysis.The wetland and marsh study, discussed above in Section 4.3.2.2.,
incorporated appropriate water management practices for both wet-seeded and dry-seeded rice, and
reported rapid aquatic-phase half-lives ranging from 0.15 to 0.79 days, and soil phase half-lives were
also rapid, ranging from less than 0.01 to 8.1 days.
4.3.3.4 Plants
Algae
Limited ecotoxicity testing using a growth endpoint was conducted for two species of freshwater algae,
including a diatom and green algae.These tests showed ECso values using the TGAI of greater than 40
and 34 µg/L, respectively (solubility limit of assays). These results indicate that ProcellacorTM is generally
not toxic to green algae,freshwater diatoms, or blue-green algae at the anticipated label rate.
Metabolite testing showed little toxicity to these algae, with no EC50 value less than 450 pg/L.
Comparable growth testing was also conducted using the end-use formulation for aquatic algal plant
growth,and results showed an EC50 greater than 1,800 µg/L(480 µg/L as active),with a NOAEC of 420
µg/L of formulation (111 µg/L as active), again showing a lack of toxicity to algae within anticipated label
use rates. A comparable test of the TGAI was performed for cyanobacteria (blue-green algae), and
results showed an ECso of greater than 45 µg/L,with a calculated NOAEC value of 23.3 µg/L,showing
little evidence of toxicity for any of these species.
Higher Plants and Crops
ProcellacorTM is known to have strong herbicidal activity on key target aquatic invasive species, and
testing shows that many native plants are able to tolerate ProcellacorTM at exposure rates greater than
what is necessary to control key target invasives. Data collection is still underway for specific toxicity to
non-target plant species. Initial results of a 2016 collaborative mesocosm study conducted in Texas,for
which results will be formally available later in 2017 indicate favorable selectivity by ProcellacorTM of
multiple invasive watermilfoils in the presence of representative submersed aquatic native plants
(Netherland et al. 2017 in prep). Aquatic native plants challenged in this study included tapegrass, Illinois
pondweed,American pondweed,waterweed, and water stargrass. Using aboveground biomass as a
response endpoint, no significant treatment effects were observed with tapegrass or American/Illinois
pondweed. Similarly, no statistically significant treatment effects were observed with stargrass,
although injuries were observed at higher rates and exposures,although it was much more tolerant
than the two target milfoil species. Other mesocosm studies have shown similar responses in white
water lily with other non-target species including Robbins pondweed,American pondweed, and multiple
bladderwort species showing little or no discernible impact. Richardson et al. (2016) and Haug and
Richardson (2017 in prep) report that ProcellacorTM provides a new potential for selectivity for removing
hydrilla from mixed aquatic-plant communities. They recommend that further research should be
conducted to further characterize observed patterns of selectivity.
SEIS for Aquatic Plant Management 49
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Results you can rely on
Washington State Department of Ecology
August 2017
4.3.3.5 Habitat
Impacts to critical habitat for aquatic plant or animal species are expected to be minimal,and may
benefit critical habitat overall by supporting plant selectivity. ProcellacorTM is generally of a low order or
acute and chronic toxicity to plants and animals and generally does not persist in the environment. Due
to its documented selectivity, ProcellacorTM would allow many native non-target plants to thrive and
thus enhance quality habitat. Removing noxious aquatic plants creates open spaces in the littoral zone
that may be recolonized by not only native plants but other invasive plant species.
For example, when left unchecked, dense stands of unwanted weeds such as watermilfoil,
parrotsfeather, hydrilla, or numerous other noxious plant species can negatively impact critical salmonid
or other habitat used at all life stages, as well as habitats to a wide variety of plant and animal species,
including vulnerable life stages. Stands of invasive weeds can reduce water flow and circulation,thus
impeding navigation for migrant salmonids. Such stands can also provide ambush cover for predatory
species such as bass,which prey on critical juvenile and other salmonid life stages. Moreover, noxious
plants may outcompete native plant species,thus reducing overall biodiversity and reducing overall
habitat quality. Dense stands may also be conducive to creating warmer water(through reduced
circulation and dissolved oxygen sags), and could become subject to wide fluctuations in water quality
(e.g.temperature, dissolved oxygen (DO))on a diurnal/seasonal basis.
4.3.4 Mitigation
4.3.4.1 Use Restrictions
ProcellacorTM should only be used for the control of aquatic plants in accordance with label
specifications. No data gaps have been identified for the basic environmental profile required by EPA for
pesticide registration, although continued use of ProcellacorTM under a variety of plant management
scenarios will add valuable information that can be incorporated into improved treatment profiles and
possible mitigation measures. For potential future irrigation with ProcellacorTM-treated water,final EPA
labeling will include guidance on appropriate water use. Such restrictions can be refined once the
human health and ecological risk assessment currently being conducted by EPA are released in spring
2017.The proposed label language is expected to reflect fewer application-related restrictions than
other herbicides. Lower levels of personal protective equipment(PPE)for workers will be required,
which is consistent with lower use rates, lower water use restrictions, and minimal effects to crops or
other non-target species.
4.3.4.2 Swimming and Skiing
Recreation activities such as swimming,water skiing and boating are expected to be unaffected by
applications or treatments using ProcellacorTM herbicide formulations.
4.3.4.3 Irrigation, Drinking and other Domestic Water Uses
Ecology's Aquatic Plant and Algae permit provides specific mitigation measures for irrigation water and
water rights. Following registration, however, no water use restrictions are anticipated for the product
use label except for some forms of irrigation. Any such restrictions will be specified on the final label
language in collaboration with EPA.
SEIS for Aquatic Plant Management 50
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Results you can rely on
Washington State Department of Ecology
August 2017
Drinking water is not expected to be affected by ProcellacorTM applications.
4.3.4.4 Fisheries and Fish Consumption
Neither fisheries nor human fish consumption are expected to be affected by application of
ProcellacorTM herbicides. If there is potential to impact listed salmonid species (e.g. salmon, steelhead,
bull trout,etc.) Ecology would enforce a fish timing window that would be protective of those species.
Guidance for such timing windows are found at:
http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/aquatic_plants/permitdocs/w
dfwtiming.pdf.
4.3.4.5 Endangered Species
Data are limited for specific listed threatened or endangered species under the ESA, however, a number
of carefully designed and relevant laboratory toxicity tests for endangered species are currently under
way, as discussed above.These tests will increase available testing data and enhance our understanding
of how to more effectively protect non-target listed and vulnerable species,with particular emphasis on
ESA-listed salmonid species such as salmon species, steelhead, and bull trout.
4.3.4.6 Wetlands or Non-Target Plants
Ecology's APAM permit outlines specific restrictions on what can be treated in wetlands. For example, in
identified wetlands,the APAM specifies that 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 also limit the treated area to protect native
wetland vegetation. However, final mitigation measures and best management practices concerning
potential effects to beneficial or desirable wetland plant species will be developed in conjunction with
testing on higher plants, some of which may occur in wetlands.
In general, effects to wetlands are anticipated to be minimal.Toxicity to fish, invertebrates,wildlife, and
non-target plants would not generally be expected, and persistence (and thus food chain effects)would
also be minimal. No specific toxicity testing was required or conducted for amphibians or reptiles which
are ubiquitous in wetlands, but test results from invertebrate, avian, mammalian and other test species
would be expected to serve as representative surrogate species for amphibians and reptiles.
Regarding potential impacts to rare or endangered plants occurring in wetlands, Ecology uses the
Washington Department of Natural Resources (WDNR) Natural Heritage Site guidelines to determine if
rare plants are likely to occur in the treatment area. If rare plants may be present at the treatment site,
Ecology would require a field survey, and if such plants are found mitigation would be required.
4.3.4.7 Post-treatment Monitoring
EPA, Ecology, and other agencies routinely require both short-and long-term post-treatment monitoring
for the purpose of evaluating non-target effects from herbicides such as ProcellacorTM. For Ecology,this
post-treatment monitoring would be required under the permit, and would be a permit condition
requiring monitoring to determine potential non-target impacts.These requirements will be
incorporated into both label and permit, as appropriate, in conjunction with pesticide registration prior
to application.
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Results you can rely on
Washington State Department of Ecology
August 2017
4.3.5 References
American Society of Testing and Materials (ASTM). 2002. Standard Guide for Conducting Acute Toxicity
Tests on Test Materials with Fish, Macroinvertebrates, and Amphibians. ASTM Designation E
729-96, reapproved 2002. [1]
Beets J., and M. Netherland. 2017a. Mesocosm Response of Crested Floating Heart, Hydrilla, and Two
Native Emergent Plants to a New Arylpicolinate Herbicide.Journal of Aquatic Plant Management
-in prep. [1]
Beets J., and M. Netherland. 2017b. Response of Eurasian and Hybrid Watermilfoils to Five Auxin-Mimic
Herbicides.Journal of Aquatic Plant Management-in prep. [1]
Breaux, N.T. (Dow AgroSciences LLC). 2015. Laboratory Studies Performed in Support of EPA
Requirements: Ecotoxicology(Study#49677885), Environmental Fate (Study#49677884),
Toxicology, (Study#49677882), Ecotoxicology(Study#030093_49678019), Environmental Fate
Study#030093_49678018), Residue Analysis (Study#030093_49678017),Toxicology(Study
#030093_49678016), and Product Chemistry(Study#030093_49678014). [9]
Buczek, S.,J. Archambault, and W. Cope. 2017. Evaluation of the Acute Toxicity of Multiple Forms of
ProcellacorTM Aquatic Herbicide to a Freshwater Mussel. In prep. [9]
Denny, D., Branch Chief, EPA Office of Chemical Safety and Pollution Prevention,to Breaux, Dr.,
Regulatory Leader for Dow AgroSciences. 2016. Reduced Risk Decision for Rinskor Aquatic Uses.
February 8. [letter [10]]
Getsinger, K. 2016. Potential ProcellacorTM Use Patterns for Controlling Submersed Invasive Plants in
Pacific Northwest Waterbodies. UW-SAFS Herbicide Salmonid Presentation. October 25. [9]
Grue, C. 2016. Confirming the Safety of the New Herbicide for Salmon-Bearing Waters. UW-SAFS
Herbicide Salmonid Presentation. October 25. [9]
Haug E. and R. Richardson. 2017. Mesocosm evaluation of the efficacy and selectivity of Procellacor for
monoecious hydrilla control. Journal of Aquatic Plant Management in prep. [1]
Heilman, M. (SePRO/Dow AgroSciences LLC). 2016. Efficacy, Fate, and Toxicology Associated with
Selective Control of Invasive Aquatic Weeds. UW-SAFS Herbicide Salmonid Presentation.
October 25. [9]
Netherland, M., and R. Richardson. 2016. Evaluating Sensitivity of Five Aquatic Plants to a Novel
Arylpicolinate Herbicide Utilizing an Organization for Economic Cooperation and Development
Protocol. Weed Science.Volume 64: p. 181-190. [1]
SEIS for Aquatic Plant Management 52
TRC
Results you can rely on
Washington State Department of Ecology
August 2017
Netherland M., M. Heilman,J. Beets, and B.Willis. 2017. Mesocosm Response of Multiple Invasive
Watermilfoils and Representative Native Submersed Plants to several Concentration—Exposure
Times of Procellacor Aquatic Herbicide. Journal of Aquatic Plant Mgt, in prep. [1]
Richardson, R., E. Haug,and M. Netherland. 2016. Response of Seven Aquatic Plants to a New
Arylpicolinate Herbicide.Journal of the Aquatic Plant Management Society. Volume 54: p. 26-31.
[1]
US Environmental Protection Agency(EPA). Office of Prevention, Pesticides, and Toxic Substances
(OPPTS). 1996. Ecological Effects Test Guidelines: OPPTS 850.175, Fish Acute Toxicity Testing,
Freshwater and Marine. EPA 712-C-96-118.April. [1]
SEIS for Aquatic Plant Management 53
P.O. Box 118
AquaTechnex Centralia,WA 8531
Tel: 360-330-015-0152
Fax: 360-330-0174
www.aquatechnex.com
"Advancing the Science of Lake Management"
Lewis County Noxious Weed Board
2021 Mineral Lake Eurasian Watermilfoil Management
Contract
This Aquatic Plant and Algae Management Contract (this "Agreement") is
made and entered into as of the date indicated below by and between Lewis
County Noxious Weed Board (LCNWB)
and AquaTechnex, LLC.
Scope of Work
1. The SERVICES performed hereunder are contained in Exhibit A, which is
attached hereto and incorporated herein by reference.
2. Any additional work deemed necessary outside of Exhibit A. shall be
agreed upon between AquaTechnex and the Board Committee prior to
commencement. Before such work is begun, or as soon as practicable
thereafter if such work must be commenced promptly, such additional work
and pricing shall be reduced to a written amendment hereto.
Recitals
LCNWB has jurisdiction to control noxious weeds in Mineral Lake in the
area of Mineral, Washington.
A. LCNWB has agreed to engage AquaTechnex to perform certain aquatic
plant management SERVICES for LCNWB and AquaTechnex has
agreed to perform such SERVICES, according to the terms and
conditions set forth in this Agreement.
LCNWB 2021 Aquatic Plant Management Contract. Page 1
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereto agree as follows:
Agreements
1. Compensation and Payment. For SERVICES performed hereunder,
AquaTechnex shall be paid based upon mutually agreed rate(s). The
maximum total amount payable by LCNWB to AquaTechnex to perform the
Services defined in the scope of work is $47,675.00, not including local and
state tax. Any and all other services or goods provided not referenced in the
scope of work will be agreed upon mutually between LCNWB and
AquaTechnex prior to commencement as reflected in a written amendment
herto as soon as practicable thereafter. Payments will be made within 30
days from completion of the task for which the billing is made. An invoice
will be submitted prior to the due date by AquaTechnex to the designated
address.
2. Term. All SERVICES shall be for and occur during the calendar year
2021 and AquaTechnex shall have no further obligation to supply any
services thereafter, unless this Agreement is renewed for successive years by
mutual written agreement of the parties in which event the terms and
conditions of this Agreement shall govern and apply to the parties'
relationship for such renewal years.
3. Service. AquaTechnex will provide to the LCNWB SERVICES which
are outlined in the Scope of Work above. AquaTechnex will provide all
equipment, materials, labor, laboratory, scientific, and other service deemed
necessary or appropriate by AquaTechnex to perform the Services.
AquaTechnex shall perform these services as an independent contractor; it
shall be responsible for its own tax withholding and compliance, as well as
Labor and Industries compliance, for completing the SERVICES.
AquaTechnex shall use its best efforts to obtain all permits required to
perform the Services, but makes no representation or warranty that it will be
able to obtain such permits. The failure to obtain permits by AquaTechnex
shall entitle either party to terminate this Agreement. In the event of such
termination, AquaTechnex shall be entitled to compensation only for
services performed prior to termination.
LCNWB 2021 Aquatic Plant Management Contract. Page 2
V
4. Materials. All aquatic herbicides used by AquaTechnex for the
control of aquatic plant growth in the areas described in this Agreement
shall be of a type approved by the United States Environmental Protection
Agency ("EPA"), AquaTechnex will furnish LCNWB representative with
copies of the labels for all aquatic herbicides it proposes to introduce into
the lakes upon request. AquaTechnex will utilize US Environmental
Protection Agency approved materials in accordance with the product
label. To the fullest extent permitted by law, AquaTechnex shall
indemnify, defend, and hold harmless LCNWB (including its officers,
directors, agents, and employees) from and against any and all claims,
demands, penalties, damages, costs expenses, fees at trial, appeals,
petitions for review and other liabilities of any kind arising out of or in any
way connected with the performance of SERVICES under this agreement,
except with respect to the sole negligence of LCNWB (including its
officers, directors, agents, and employees). AquaTechnex's obligation in
these paragraph shall not be limited in any way by the Washington State
Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee
benefit act, and AquaTechnex hereby expressly waives any immunity
afforded by such acts. The indemnification obligations herein are a
material inducement to LCNWB to enter into this Agreement, are
reflected in AquaTechnex's compensation, and have been mutually
negotiated by the parties. LCNWB retains the right, but not the
obligation, to participate in the defense of any claim, suit, or action subject
to AquaTechnex's indemnification obligations herein, and such
participation shall not constitute a waiver of any AquaTechnex's
indemnification obligations.
5. Insurance. AquaTechnex will carry the following types of liability
insurance written on an occurrence basis, with the following limits per
occurrence, for the term of this Agreement. Except for worker's
compensation coverages, LCNWB will be listed as an additional with
primary, noncontributory coverage and provided with certificate copies
before commencement of work. The insurance shall include:
a. Comprehensive General Liability Insurance with a limit no less
than $1 million per occurrence, $5 million general aggregate.
b. Worker's Compensation coverage as required by law.
c. Business Auto Coverage with a limit no less than $1 million per
LCNWB 2021 Aquatic Plant Management Contract. Page 3
V
accident, combined single limit.
d. Pollution Liability Coverage with a limit no less than $1 million
per occurrence, $5 million general aggregate
6. Compliance. In performing this agreement, AquaTechnex shall
comply with all applicable federal, state, and local statutes, regulations, and
ordinances regarding the regulation of aquatic herbicides or their
application, disposal of wastes, employee right to know, or otherwise
pertaining to the protection of health or the environment, and in compliance
with applicable laws and regulations.
AquaTechnex shall be solely responsible for obtaining all licenses or other
authorizations required for the performance of the services and shall provide
copies of all such authorizations to LCNWB before commencing the
services. AquaTechnex shall be responsible for the safe and proper disposal
of all empty containers, unused herbicide, and all other wastes generated in
connection of the services.
7. Warranty. AquaTechnex warrants that the aquatic herbicides utilized
during the course of this contract will be applied in a professional manner as
specified on the product label.
8. Notification of Treatments. If required by any permit issued in
connection with AquaTechnex performance of the Services, LCNWB will
provide reasonable assistance to AquaTechnex in its efforts to comply with
all permit requirements, without limitation, providing AquaTechnex with a
list of the names and addresses of all property owners in the event such
permits required any notification to be given to such persons. In no event
will LCNWB be required to breach any confidential laws or regulations that
govern the release of property owners' names and addresses.
9. Access. LCNWB will provide reasonable access to AquaTechnex to
the lake for the purpose of moving equipment to and from the water. The
Association will also allow the use of gas powered equipment in the lakes
for the purpose of inspection and treatment of the Lake.
10. Legal Issues. This Agreement shall be governed by Washington law,
except as to Washington's choice of law rules. Before filing legal action for
LCNWB 2021 Aquatic Plant Management Contract. Page 4
•
any alleged breach of this Agreement by either party, the following
procedure will be followed. The first step will be a meeting of LCNWB and
AquaTechnex, to discuss and attempt to settle the dispute. The second step
requires 5 business days' written notification of the alleged breach to the
other party measure from the date the notice is mailed or emailed to the
other party; if mailed, 3 days' notice shall be added for a total of 8 business
days. Any legal actions arising from this contract will be filed in the
Superior Court of Washington in and for Lewis County. All persons signing
this contract represent that they are authorized to do so and bind the
respective parties to this contract.
11. Date. This Agreement is dated as of the day of , 2021
AquaTechnex
By:
Kyle Langan
LCNWB
Coordinator:
LCNWB 2021 Aquatic Plant Management Contract. Page 5
.
EXHIBIT A P.O.Box 118
AquaTechnex Centralia,WA 98531
Tel:360-330-0152
Fax:360-330-0174
"Advancing the Science of Lake Management"
7/16/21
Casey Risley
LCNWB
360 N.North Street
Chehalis,WA 98532
RE: Scope of Work and Cost Estimate for Mineral Lake EWM Control
Casey,
Thank you for the opportunity to provide estimate to manage invasive species Eurasian
watermilfoil(Myriophyllum spicatum, EWM) in Mineral Lake. The following provides a
Scope of Work and Cost Estimate to control EWM.
Lake Mapping
AquaTechnex utilizes the lake mapping technology Biobase. This technology uses GPS
linked sonar to record GPS referenced bottom composition, vegetation biomass, and
depth. This data is loaded into Biobase Software to produce a report of data collected,
bathymetry map,vegetation heat map, and bottom composition map (see attached
example maps). Within this program we have access to polygon vegetation areas for
control. In addition,the created polygons provide calculated water volumes within them.
This water volume data is required to calculate product volume needed to accurately dose
the mapped EWM control zones. Mineral Lake was Biobased to provide needed water
volume data within the control zones to calculate accurate dose requirements.
Eurasian watermilfoil Management
Unfortunately, Eurasian watermilfoil was introduced into Mineral Lake. This invasive
species has effectively fragmented and established itself sporadically around the entire
perimeter of the lake with the most densely dominated location at the WDFW access.
within the lake to the point of a dense monoculture.
EWM control has been completed by AquaTechnex for over 30 years. Treatment success
has been fair and eradication difficult to achieve until recent. ProcellaCOR, a newly
approved chemistry has been a game changer for the control of the Myriophyllum species
and hybrids. ProcellaCOR is the recommend aquatic herbicide for control of EWM in
Mineral Lake.
Aquatic Herbicide ProcellaCOR(see attached product label and Safety Data Sheets)
earned the Reduced Risk designation by the US EPA, safer chemistry. There are no
EXHIBIT A
recreational restrictions with this product. A short irrigation restriction for ornamental
and agriculture plants using water from the lake's control zones.
Estimated Costs
Table 1.: Estimated Costs
Task Description Cost
Biobase Survey Mineral Lake using Biobase $ 1,730.00
Permit Secure APAM permit/filed by County* $ -
Notifications B&R, Shoreline,WADOE, Year End Report $ 385.00
Surveys Post-treatment Survey $ 1,940.00
Milfoil Control Application of ProcellaCOR $ 43,620.00
Total $ 47,675.00
Please review above and attached information. Please contact Kyle Langan at 360-239-
5707 or kyle@aquatechnex.com with any questions. Thank you for your consideration.
Sincerely,
Kyle Langan
Manager/Aquatic Specialist/CLM
AquaTechnex, LLC.
BOCC AGENDA ITEM SUMMARY
Resolution: 21-295 BOCC Meeting Date: Aug. 10, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Authorizing a contract between Lewis County Noxious Weed Control and AquaTechnex for Eurasian
watermilfoil treatment at Mineral Lake
Contact: Charles Edmonson Phone: 360.740.1215
Department: WEED - Weed Control
Description:
Authorizing a sole source contract between Lewis County Noxious Weed Control and independent
contractor AquaTechnex for the Eurasian watermilfoil treatment, follow-up survey, and all
associated costs, using ProcellaCOR EC at Mineral Lake in Mineral, WA.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Casey Risley Kyle Langan
Kyle@aquatechnex.com