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HomeMy WebLinkAboutNorth Olympic Salmon Coalition County property for stewardship activities - 061526 Return to: Jefferson County Public Health Environmental Health & Water Quality 615 Sheridan Street Port Townsend, WA 98368 Document Title: License for Use of County Property Identified by Assessor's Tax Parcel IDs: 701183002 and 702133010 Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: North Olympic Salmon Coalition (NOSC) Properties: Parcel Number(s): 602342001, 966900034, 966900035, 966900231, 966900036, 966900046, 602343001, 602343010, 602343012, 602343013, 602343014, 602344014, 602344022 Description of Property: Properties in the lower Doseswallips River watershed in the vicinity of Lazy C I. GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, does hereby grant and convey to GRANTEE, North Olympic Salmon Coalition, a license over, across and upon the Properties described above and depicted in Exhibit A for the purpose of implementing the salmon habitat improvement activities, including treatment of invasive plants, subject to the following terms and conditions: 1. Use of Properties for Stewardship. The Properties(see Exhibit A)may be accessed and used by Grantee for the purpose of conducting stewardship activities along the Dosewallips River between Lazy C I and Dosewallips State Park. In general, stewardship activities include limbing and thinning of previously planted riparian trees, underplanting of previously planted sites, and treatment of invasive riverside weeds such as butterfly bush, Himalayan blackberry, and Herb Robert as part of an RCO-funded East Jefferson County Riparian Stewardship habitat restoration project, RCO #24-1092 at Exhibit B. Exhibit B is attached hereto and incorporated herein by reference. A Scope of Work description is attached hereto at Exhibit D and incorporated herein by reference as the agreed upon Scope of Work applicable to this Agreement. Any work or activities occurring outside the described Scope of Work or not rationally or reasonably related to the activities and things described therein is not covered by this license agreement. Further, it is expected that Grantee shall conduct its operations, and the operations of any of its employees, volunteers, or sub-contractors, in accordance with the specifications set out in both the attached RCO #24-1092 and Scope of Work. Any amendment to the Scope of Work must be in writing and signed by all parties to this Agreement. Page 1 of 3 WQ-26-0 13 2. No Representations or Warranties. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 3. No Dumping; Required Site Restoration. Grantee shall not deposit, or allow to be deposited, any waste material or hazardous substances on the Properties and,prior to the termination date of this License, shall remove all personal property and repair any damage caused by Grantee's use of the Property. 4. Term of this License. The term of this License commences upon execution of this License and ends on June 30, 2027. 5. Indemnification. Grantee shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this License, except for injuries and damages caused by the sole negligence of the County. If it is determined by a court of competent jurisdiction or by a mutually agreed arbitration proceeding that this License is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. Consistent with applicable law and statutes of limitations, this Section 5 survives the expiration of this Agreement with respect to actions which did occur prior to termination of this Agreement only.The County shall waive any sovereign immunity protections but only for the sole and limited purpose of facilitating and enforcing the indemnity in this Section 5 and for no other purpose. 6. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Tami Pokorny, Natural Resources Program Coordinator 615 Sheridan Street Port Townsend, WA 93868 Telephone: (360) 379-4498 Email: tpokorny a,co.jefferson.wa.us. Page 2 of 3 7. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Sarah Doyle, Executive Director North Olympic Salmon Coalition 205 B W. Patison Street Irondale, WA 98339 Email: sdoylegnosc.org Phone: (360) 379-8051 8. Covenants. Grantor covenants that it is the lawful owner of the above-described Property and has authority to convey such License and Grantee covenants that the person signing this License on behalf of Grantee is fully authorized to do so. 9. Signatures. THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. Approved this / 11day o .irQ ,2026 by the Jefferson County Board of County Commissioners. GRANTOR: GRANTEE: Jefferson County Board of Commissioners North Olympic Salmon Coalition Jefferson County, Washington B B Q ,n. Digitallyt:2026.6.08by 34 0 Doyle / *" Date:20 signed Sarah Doyle Y ._._. ._ y. re: B . , air Sarah Doyle Approved as to form only: Name Executive Director 06-05-2026 Title Jer iah . Luther Date Civil Deputy Prosecuting Attorney 6/8/2026 Date Page 3 of 3 Exhibit A ici • s`, . Moto _. .o°k kd , • . 1,• . 4 -4.7*. - '- ,'!.• . - . ; ., . ""/ , 4r :,=.met•_^... _. __ • ?J2342001 ~- ' ' \` Fo_ a r r 602342006 .t I . . 'i�y��9"„r:` 966900046 i ' I- t .' ��`�, 6023420011 �. •o,_`, . ,i. .0 9,s•. J0036 �)aybifd •' ., cry 300036602342001 •ln 7a birds 'Ai 1's•. 9b6900034 602342004 y ' 966900034 — ' .% 4 0. 602343013602344014 A` •; • 't"•q*-• 602343010 602344022 •*., � . 602343014 - 3 IV - 602343012 - „ ram. - -- - - -- _ -. a • . • ... Jefferson County owned parcels in the vicinity of Lazy C I along the Dosewallips River. Exhibit A 615 Sheridan Street Port Townsend, WA 98368 9evrson www.JeffersonCountyPublicHealth.org Consent Agenda Public He—alth JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michael Dawson, Water Quality Manager Tami Pokorny, Natural Resources Program Coordinator DATE: yte / , SUBJECT: Agenda Item — License for Use of County Property for Stewardship Activities with North Olympic Salmon Coalition; Upon Signature — June 30, 2027; $0 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests approval of a License for Use of County Property for Stewardship Activities with North Olympic Salmon Coalition (NOSC); Upon Signature — June 30, 2027; $0 ANALYSIS/STRATEGIC GOALS/PROS and CONS: With funding from their Recreation and Conservation Office grant agreement (RCO #24-1092), NOSC will employ a contracted WCC work crew to conduct stewardship activities on Jefferson County-owned parcels along the Dosewallips River between Lazy C I and Dosewallips State Park. Stewardship activities include limbing and thinning of previously planted riparian trees, underplanting of previously planted sites, and treatment of invasive riverside weeds (e.g. butterfly bush, Himalayan blackberry, Herb Robert) using mechanical means and approved herbicides applied under the supervision of a licensed applicator. FISCAL IMPACT/COST BENEFIT ANALYSIS: A grant agreement between the North Olympic Salmon Coalition and Recreation and Conservation Office will fully support these activities. There is no cost to the General Fund to grant this license. These properties are important to flood hazard reduction in the Lazy C I and support habitat for listed salmon species. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community WQ-26-013 RECOMMENDATION: JCPH Management recommends BOCC signature for a License for Use of County Property for Stewardship Activities with North Olympic Salmon Coalition (NOSC); Upon Signature — June 30, 2027; $0 REVIEWED BY: (a16() 60-6. Josh D. Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 Always working for a safer and healthier community CONTRACT REVIEW FORM I Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: North Olympic Salmon Coalition Contract No: WQ-26-013 Contract For: Landowner Agreement - Lazy C Term: 3/16/26-10 yrs from project completion COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Tami Pokorny Contact Phone: x 498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: -0- PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: _ Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO ) J'NCE- , .55.080 AND CHAPTER 42.23 RCW. CERTIFIED: fl N/A:E May 20,2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT t EN DE ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: l ' N/A: 7 z May 20, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/5/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/5/2026. DPA Luther reviewed and approved on 6-5-2026. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Exhibit B NOSC Agreement with RCO (RCO #24-1092) Exhibit B WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Off ic( Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date:09/25/2024 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and North Olympic Salmon Coalition (Sponsor, and primary Sponsor), PO Box 197, Port Townsend, WA 98368, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account or Natural Cli of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO). DESCRIPTION OF PROJECT This project is a multi-watershed, multi-partner collaboration to complete stewardship on 280 acres of priority riparian restoration sites on Chimacum Creek, Snow Creek, Salmon Creek, Donovan Creek Duckabush River, Big Quilcene River, Dosewallips River, and Little Quilcene River. Providing adequate stewardship to prior restoration projects to achieve project goals will enhance and restore native riparian and floodplain habitat, watershed function, and aquatic habitat throughout these watersheds. Species that targeted to benefit include Hood Canal Summer Chum, Mid-Hood Canal Chinook, Puget Sound Steelhead and Puget Sound Coho. PERIOD OF PERFORMANCE The period of performance begins on September 25, 2024 (project start date) and ends on June 30, 2027 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. RCO: 24-1092 Revision Date: 10/26/2023 Page 1 of 25 Sponsor Number: 24-1092 STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this restoration project, the Sponsor's long-term obligations shall be for a minimum of ten (10) years, or more as specified in the Landowner Agreement, beginning at project completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO. PROJECT FUNDING The total grant award provided for this project shall not exceed $592,507.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding SRFB -Salmon State Riparian 100.00% $592,507.00 State Total Project Cost 100.00% $592,507.00 RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment(including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. RCO:24-1092 Revision Date: 10/26/2023 Page 2 of 25 Sponsor Number: 24-1092 For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: • Long Term Obligations- Manual 7 • Reimbursements- Manual 8 • Restoration Projects- Manual 5 • Salmon Recovery Grants- Manual 18 SPECIAL CONDITIONS None SPECIAL CONDITIONS -CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Chimacum Project Area, Compass Rose Farm, Donovan Creek Preserve, Duckabush Oxbow, Jefferson County Big Quilcene, Jefferson County Dosewallips River, Jefferson County Little Quilcene, Jefferson Land Trust Big Quilcene, Jefferson Land Trust Duckabush Riparian, Snow Creek Uncas Preserve, Upper Snow Creek Forest Preserve State- RCO Lead: Proceed under an IDP: No cultural resources work is required for this scope of work, the project may proceed in accordance with RCO's Inadvertent Discovery Plan. Future project actions or any changes to the scope of work may require cultural resources survey. CONDITION APPLIES TO THE FOLLOWING AREA(S): Dosewallips State Park, WDFW project area State-Agency Landowner: Evidence of compliance required: In accordance with the terms of this agreement, documentation of compliance with Executive Order 21-02 and/or Section 106 of the National Historic Preservation Act must be provided. The State Agency that owns and/or manages the lands on which this project is proposed has the authority to act as lead for ensuring compliance with these requirements. Therefore, RCO has not initiated review or consultation for this project. You must coordinate with the State Agency landowner to complete that agency's cultural resources compliance requirements. RCO will withhold reimbursement of development or restoration expenditures until this requirement is met. For acquisition projects, final payment will be withheld until evidence of cultural resources review is provided. If archaeological or historic materials are discovered while conducting project activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions of this agreement. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact RCO Contact Nathanael Roberts Josh Lambert Outdoor Grants Manager 332 East Fifth St PO Box 40917 Port Angeles, WA 98362 Olympia, WA 98504-0917 nroberts@nosc.org Josh.Lambert@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. RCO:24-1092 Revision Date: 10/26/2023 Page 3 of 25 Sponsor Number: 24-1092 EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 24-1092, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative, whichever is later(Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. North Olympic Salmon Coalition BY:saSarah Doyle 5PST Date: 12/16/2024 Name(printed): Sarah Doyle Title: Executive Director State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRFB or funding board) By: . 414:U3PST) Date: 12/16/2024 For: Megan Duffy Director Recreation and Conservation Office Pre-approved as to form: // / 47‘— By: Date: 10/26/2023 Assistant Attorney General RCO:24-1092 Revision Date: 10/26/2023 Page 4 of 25 Sponsor Number: 24-1092 4 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date:09/25/2024 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Restoration Metrics Worksite#1, Snow Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Cutthroat, Lamprey, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.30 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.O.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship (C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 2.01 Acres of Streambank Stewarded: 35.00 Architectural & Engineering Architectural & Engineering (A&E) Worksite#2, Salmon Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Cutthroat, Lamprey, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.12 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.O.d.1): Implementation Monitoring Site Stewardship Project Stream or stream bank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 0.12 Acres of Streambank Stewarded: 3.00 Architectural & Engineering Architectural &Engineering (A&E) RCO: 24-1092 Revision Date: 10/26/2023 Page 5 of 25 Sponsor Number 24-1092 Worksite#3, Chimacum Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon- Puget Sound/Strait of Georgia ESU, Pink Salmon- Odd year ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): Cutthroat, Lamprey Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.20 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 2.40 Acres of Streambank Stewarded: 17.00 Architectural & Engineering Architectural & Engineering (A&E) Worksite#4, Donovan Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-unidentified ESU, Coho Salmon- Puget Sound/Strait of Georgia ESU, Steelhead- Puget Sound DPS Targeted species (non-ESU species): Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.10 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship (C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 0.20 Acres of Streambank Stewarded: 6.36 Architectural & Engineering Architectural & Engineering (A&E) Worksite#5, Big Quilcene River Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead- Puget Sound DPS Targeted species (non-ESU species): Bull Trout, Cutthroat, Rainbow, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.80 Project Identified In a Plan or Watershed Assessment (C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum RCO: 24-1092 Revision Date: 10/26/2023 Page 6 of 25 Sponsor Number: 24-1092 Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or stream bank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 0.88 Acres of Streambank Stewarded: 58.30 Architectural & Engineering Architectural &Engineering (A&E) Worksite#6, Little Quilcene River Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon- Puget Sound/Strait of Georgia ESU, Pink Salmon- Odd year ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): Cutthroat, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.25 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship(C.11.b.2): 0.25 Acres of Streambank Stewarded: 18.86 Architectural & Engineering Architectural & Engineering (A&E) Worksite#7, Dosewallips River Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Bull Trout, Cutthroat, Rainbow Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.42 Project Identified In a Plan or Watershed Assessment (C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 1.42 Acres of Streambank Stewarded: 102.00 Architectural&Engineering RCO: 24-1092 Revision Date: 10/26/2023 Page 7 of 25 Sponsor Number: 24-1092 Architectural & Engineering (A&E) Worksite#8, Duckabush River Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): Bull Trout, Cutthroat, Rainbow Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.20 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 2.00 Acres of Streambank Stewarded: 39.47 Architectural &Engineering Architectural & Engineering (A&E) RCO: 24-1092 Revision Date: 10/26/2023 Page 8 of 25 Sponsor Number: 24-1092 41 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Officf Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date: 09/25/2024 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description Project Start 09/25/2024 Progress Report Due 06/30/2025 Annual Project Billing Due 06/30/2025 Landowner Agreement to RCO 08/31/2025 Permits Complete 08/31/2025 Applied for Permits 08/31/2025 Riparian Enhancement Plan 08/31/2025 Pre-implementation updates as needed Cultural Resources Documents 10/31/2025 Restoration Started 11/30/2025 Progress Report Due 12/31/2025 Progress Report Due 06/30/2026 Annual Project Billing Due 06/30/2026 Progress Report Due 12/31/2026 Restoration Complete 05/30/2027 Riparian Enhancement Plan 05/30/2027 Post-implementation updates Agreement End Date 06/30/2027 RCO Final Inspection 07/30/2027 Final Billing Due 09/30/2027 Final Report Due 09/30/2027 RCO:24-1092 Revision Date: 10/26/2023 Page 9 of 25 Sponsor Number: 24-1092 Y WASHINGTON STATE RCO Grant Agreement Recreation and ......24 Conservation Officf Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date:09/25/2024 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 11 CITATIONS, HEADINGS AND DEFINITIONS 11 PERFORMANCE BY THE SPONSOR 14 ASSIGNMENT 14 RESPONSIBILITY FOR PROJECT 14 INDEMNIFICATION 14 INDEPENDENT CAPACITY OF THE SPONSOR 15 CONFLICT OF INTEREST 15 COMPLIANCE WITH APPLICABLE LAW 15 ARCHAEOLOGICAL AND CULTURAL RESOURCES 16 RECORDS 17 PROJECT FUNDING 18 PROJECT REIMBURSEMENTS 18 ADVANCE PAYMENTS 18 RECOVERY OF PAYMENTS 18 COVENANT AGAINST CONTINGENT FEES 19 INCOME (AND FEES)AND USE OF INCOME 19 PROCUREMENT REQUIREMENTS 19 TREATMENT OF EQUIPMENT AND ASSETS 20 RIGHT OF INSPECTION 20 STEWARDSHIP AND MONITORING 20 ACKNOWLEDGMENT AND SIGNS 20 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS 20 LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 21 CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS 21 PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS 22 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 22 ORDER OF PRECEDENCE 22 LIMITATION OF AUTHORITY 23 WAIVER OF DEFAULT 23 APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH 23 SPECIFIC PERFORMANCE 23 TERMINATION AND SUSPENSION 23 DISPUTE HEARING 24 ATTORNEYS' FEES 25 GOVERNING LAW/VENUE 25 SEVERABILITY 25 END OF STANDARD TERMS AND CONDITIONS 25 RCO:24-1092 Revision Date: 10/26/2023 Page 10 of 25 Sponsor Number: 24-1092 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 05/06/2024. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement—The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, subject(if applicable)to substitution of the"RCO director"for the term"board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director"for the term "board"or"agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant—Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the"Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R.—Code of Federal Regulations completed project or project completion—The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2)when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. RCO: 24-1092 Revision Date: 10/26/2023 Page 11 of 25 Sponsor Number: 24-1092 Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date—The date when the signatures of all parties to this agreement are present in the agreement. equipment—Tangible personal property(including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or$5,000 (2 C.F.R. Part 200 (as updated)). funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity —the entity that approves the project that is the subject to this Agreement. grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. 200 as updated). long-term compliance period—The term of years, beginning on the end date of the agreement,when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share—The portion of the total project cost provided by the Sponsor. milestone—An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office—Means the Recreation and Conservation Office or RCO. pass-through entity —A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance—The period beginning on the project start date and ending on the project end date. pre-agreement cost—A project cost incurred before the period of performance. primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area—The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project—The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. RCO:24-1092 Revision Date: 10/26/2023 Page 12 of 25 Sponsor Number: 24-1092 • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. Part 200 (as updated))for federally funded projects). project end date—The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date—The specific date identified in the Agreement on which the period of performance starts. RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW—Revised Code of Washington reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project—A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project—A project intended to bring a site back to its historic function as part of a natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of(or part of) a site, landscape, marine environment, or watershed. restoration and/or enhancement project—A project that brings a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement may include benefiting fish stocks. secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB—Salmon Recovery Funding Board subaward—Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation—Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. RCO: 24-1092 Revision Date: 10/26/2023 Page 13 of 25 Sponsor Number: 24-1092 useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC—Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity(if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to RCO:24-1092 Revision Date: 10/26/2023 Page 14 of 25 Sponsor Number: 24-1092 the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other applicable laws,the following laws: A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the RCO: 24-1092 Revision Date: 10/26/2023 Page 15 of 25 Sponsor Number: 24-1092 Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. 2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2)The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the RCO: 24-1092 Revision Date: 10/26/2023 Page 16 of 25 Sponsor Number: 24-1092 Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at(360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to RCO:24-1092 Revision Date: 10/26/2023 Page 17 of 25 Sponsor Number: 24-1092 indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld. 2) On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. RCO: 24-1092 Revision Date: 10/26/2023 Page 18 of 25 Sponsor Number: 24-1092 B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES)AND USE OF INCOME A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent,franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; 2) Value of any service(s)furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. RCO: 24-1092 Revision Date: 10/26/2023 Page 19 of 25 Sponsor Number: 24-1092 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. ACKNOWLEDGMENT AND SIGNS A. Publications.The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. 1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the RCO: 24-1092 Revision Date: 10/26/2023 Page 20 of 25 Sponsor Number: 24-1092 same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species"which is available on the WISC Web site. E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS A. Long-Term Obligations. This section applies to completed projects only. B. Perpetuity. For acquisition and development projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. C. Conversion. The Sponsor shall not at any time convert any real property(including any interest therein) or facility acquired, developed, and/or renovated pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it)to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, and/or renovated with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 1) When a conversion has been determined to have occurred,the Sponsor shall remedy the conversion as set forth in this Agreement(with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement or law. CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force for this agreement: RCO:24-1092 Revision Date: 10/26/2023 Page 21 of 25 Sponsor Number: 24-1092 A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1) According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2) In a reasonably safe condition for the project's intended use; 3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: 1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate Sponsor, including any nonprofit Sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the Sponsor's obligation to the project as identified in the Agreement. B. Notify RCO before corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities, and transfer all property and assets to the successor. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the Sponsor's obligation to the qualified successor if requirements are met. C. Maintain sites or facilities open to the public and may not limit access to members. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; RCO:24-1092 Revision Date: 10/26/2023 Page 22 of 25 Sponsor Number: 24-1092 D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity(if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and RCO:24-1092 Revision Date: 10/26/2023 Page 23 of 25 Sponsor Number: 24-1092 pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. RCO: 24-1092 Revision Date: 10/26/2023 Page 24 of 25 Sponsor Number: 24-1092 The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys'fees. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO: 24-1092 Revision Date: 10/26/2023 Page 25 of 25 Sponsor Number: 24-1092 Exhibit C Aquatneat® Product Label and Triclopyr Chemical Fact Sheet Exhibit C 67720-1_book_art.gxp 6/1/15 12:36 PM Page 1 GROUP Q HERBICIDE wl Aquatic Herbicide FOR USE ON EMERGED AQUATIC WEEDS AND BRUSH IN AQUATIC SITES.FOR USE IN FORESTRY(INCLUDING WEED CONTROL IN CHRISTMAS TREE PLANTATIONS),PASTURES,RANGELANDS,RIGHTS-OF-WAY,HABITAT RESTORATION AREAS,NON-CROP AND OTHER LISTED APPLICATION SITES. ACTIVE INGREDIENT: Glyphosate,N-(phosphonomethyl)glycine,in the form of its isopropylamine salt' 53.8% OTHER INGREDIENTS. 46.2% TOTAL• 100.0% "Contains 648 grams per litre or 5.4 pounds per U.S.gallon of the active ingredient,glyphosate,in the form of its isopropylamine salt.Equivalent to 480 grams per litre or 4 pounds per U.S.gallon of the acid,glyphosate. KEEP OUT OF REACH OF CHILDREN For or Expo Chemule,Call cal ICHEMTREC (800)424-9300 CAUTION / PR E CAU C I O N For Medical Emergencies Only, Call(877)325-1840 Si usted no entiende la etiqueta,busque a alguien para que se la explique a usted en detalle. (If you do not understand the label,find someone to explain it to you in detail.) Manufactured for SEE INSIDE BOOKLET FOR FIRST AID AND ADDITIONAL PRECAUTIONARY STATEMENTS Nufarm Americas Inc. 11901 S.Austin Avenue EPA Reg.No.228-365 EPA Est.No.228-IL-001 Alsip,IL 60803 sit Nufarm Grow a better tomorrow. Net Contents 2.5 Gal. (9.46 L) 7 36211 76276 c Nonrefillable Container file:67720-1_book_art created:03/11/09 and - folder:67720-1_Nufarm_14501000[3] alt:06-01-15 jw colors:black,348,4625,329 size:5.5"(w)x 6.5"(h) barcode:upca,80%,-39m 0 dp proofed___ 1 67720-1_book art.gxp 6/1/15 12:36 PM Page 2 PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION/PRECAUCION Harmful if inhaled.Avoid breathing spray mist.Remove contaminated clothing and wash clothing before reuse.Wash thoroughly with soap and water after handling. FIRST AID IF INHALED •Move person to fresh air. •If person is not breathing,call 911 or an ambulance,then give artificial respiration,preferably by mouth-to-mouth, if possible. •Call a poison control center or doctor for further treatment advice. HOT LINE NUMBER Have the product container or label with you when calling a poison control center or doctor,or going for treatment. You may also contact 1-877-325-1840 for emergency medical treatment information. PERSONAL PROTECTIVE EQUIPMENT(PPE): Applicators and other handlers must wear long-sleeved shirt and long pants and shoes plus socks.Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product's concentrate.Do not reuse them.Follow manufacturer's instructions for cleaning/maintaining PPE.If no such instructions for washables exists,use detergent and hot water.Keep and wash PPE separately from other laundry. Engineering Control Statements:When handlers use closed systems,enclosed cabs,or aircraft in a manner that meets the requirements listed in Worker Protection Standard(WPS)for agricultural pesticides(40 CFR 170.240(d)j,the handler PPE requirements may be reduced or modified as specified in the WPS. USER SAFETY RECOMMENDATIONS Users Should: •Wash hands before eating,drinking,chewing gum,using tobacco,or using the toilet. •Remove clothing immediately if pesticide gets inside.Then wash thoroughly and put on clean clothing. ENVIRONMENTAL HAZARDS For aquatic uses,do not contaminate water when disposing of equipment washwaters.Treatment of aquatic weeds can result in oxygen depletion or loss due to decomposition of dead plants.This oxygen loss can cause fish suffocation. For terrestrial uses,do not apply directly to water,to areas where surface water is present or to intertidal areas below the mean high water mark. In case of,SPILL OR LEAK,soak up and remove to a landfill.Do not contaminate water when disposing of equipment washwaters or rinsate. PHYSICAL OR CHEMICAL HAZARDS Spray solutions of this product must be mixed,stored and applied using only stainless steel,aluminum,fiberglass,plastic and plastic- lined steel containers. DO NOT MIX,STORE OR APPLY THIS PRODUCT OR SPRAY SOLUTIONS OF THIS PRODUCT IN GALVANIZED STEEL OR UNLINED STEEL(EXCEPT STAINLESS STEEL)CONTAINERS OR SPRAY TANKS.This product or spray solutions of this product react with such containers and tanks to produce hydrogen gas which may form a highly combustible gas mixture.This gas mixture could flash or explode, causing serious personal injury,if ignited by open flame,spark,welder's torch,lighted cigarette or other ignition source. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Do not apply this product in a way that will contact workers or other persons,either directly or through drift.Only protected handlers may be in the area during application.For any requirements specific to your State or Tribe,consult the State or Tribal agency responsible for pesticide regulation. Read the entire label before using this product.Use strictly in accordance with label precautionary statements and directions. 2 67720-1_book_art.gxp 6/1/15 12:36 PM Page 3 AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker Protection Standard,40 CFR Part 170.This Standard contains requirements for the protection of agricultural workers on farms,forests,nurseries,and greenhouses,and handlers of agricultural pesticides.It contains requirements for training decontamination,notification,and emergency assistance.It also contains specific instructions and exceptions pertaining to the statements on this label about personal protection equipment(PPE)and Restricted-Entry Interval.The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard. Do not enter or allow worker entry into treated areas during the Restricted-Entry Interval(REI)of 4 hours. PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated,such as plants,soil,or water,is:coveralls,shoes plus socks,and waterproof gloves. NON-AGRICULTURAL USE REQUIREMENTS The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for agricultural pesticides(40 CFR Part 170).The WPS applies when this product is used to produce agricultural plants on farms,forests, nurseries or greenhouses.Keep people and pets off treated areas until spray solution has dried. PRODUCT INFORMATION DO NOT APPLY THIS PRODUCT USING AERIAL SPRAY EQUIPMENT EXCEPT UNDER CONDITIONS AS SPECIFIED WITHIN THIS LABEL OR CURRENT SUPPLEMENTAL LABELING ISSUED BY MANUFACTURER. This product,a water-soluble liquid,mixes readily with water and nonionic surfactant to be applied as a foliar spray after dilution and thoroughly mixing with water in accordance with label instructions for the control or destruction of many herbaceous and woody plants. Always use the higher rate of this product per acre within the specified range when vegetation is heavy or dense,when treating dense multi-canopied sites,or woody vegetation or difficult-to-control herbaceous or woody plants. This product moves through the plant from the point of foliage contact to and into the root system.Visible effects on most annual weeds occur within 2 to 4 days but on most perennial brush species may not occur for 7 days or more.Extremely cool or cloudy weather following treatment may slow the activity of this product and delay visual effects of control.Visible effects are a gradual witting and yellowing of the plant which advances to complete browning of above-ground growth and deterioration of underground plant parts. Unless otherwise directed on this label,delay application until vegetation has emerged and reached the stages described for control of such vegetation under the"WEEDS CONTROLLED"section of this label. Unemerged plants arising from unattached underground rhizomes or root stocks of perennials or brush will not be affected by the spray and will continue to grow.For this reason best control of most perennial weeds or brush is obtained when treatment is made at late growth stages approaching maturity. Do not treat weeds or brush under poor growing conditions such as drought stress,disease or insect damage,as reduced control may result.Reduced results may also occur when treating weeds or brush heavily covered with dust. Reduced control may result when applications are made to any weed or brush species that have been mowed,grazed or cut,and have not been allowed to regrow to the recommended stage for treatment. Rainfall or irrigation occurring within 6 hours after application may reduce effectiveness.Heavy rainfall or irrigation within 2 hours after application may wash the product off the foliage and a repeat treatment may be required. Mixing this product with herbicides or other materials not instructed in this label may result in reduced performance.However,unless otherwise prohibited on this label or the label of an intended tank mix product may be applied in combination with any herbicide registered for the same site,timing,and method of application.Observe the most restrictive label statements of various tank mix products used. TO THE FULLEST EXTENT PERMITTED BY LAW,BUYER AND ALL USERS ARE RESPONSIBLE FOR ALL LOSS OR DAMAGE IN CONNECTION WITH THE USE OR HANDLING OF MIXTURES OF THIS PRODUCT OR OTHER MATERIALS THAT ARE NOT EXPRESSLY SPECIFIED IN THIS LABEL. For best results,spray coverage must be uniform and complete.Do not spray weed foliage to the point of runoff. When this product comes in contact with soil(on the soil surface or as suspended soil or sediment in water)it is bound to soil particles. Under labeled use situations,once this product is bound to soil particles,it is not available for plant uptake and will not harm off-site vegetation where roots grow into the treatment area or if the soil is transported off-site.Under labeled use conditions,the strong affinity of this product to soil particles prevents this product from leaching out of the soil profile and entering ground water.The affinity between this product and soil particles remains until this product is degraded,which is primarily a biological degradation process carried out under both aerobic and anaerobic conditions by soil micro flora. This product does not provide residual weed control.For subsequent residual weed control,follow a label-approved herbicide program. Read and carefully observe the cautionary statements and all other information appearing on the labels of all herbicides used.Read "WARRANTY DISCLAIMER"and"LIMITATION OF LIABILITY"before buying or using.If items are not acceptable,return at once unopened.Buyer and all users are responsible for all loss or damage in connection with the use of handling of mixtures of this product or other materials that are not expressly specified in this label. For more product information,call toll-free 1-800-345-3330. 3 67720-1_book_art.qxp 6/1/15 12:36 PM Page 4 ATTENTION AVOID CONTACT WITH FOLIAGE,GREEN STEMS,EXPOSED NON-WOODY ROOTS,OR FRUIT OF CROPS,DESIRABLE PLANTS AND TREES,SINCE SEVERE INJURY OR DESTRUCTION MAY RESULT.AVOID DRIFT.EXTREME CARE MUST BE USED WHEN APPLYING THIS PRODUCT TO PREVENT INJURY TO DESIRABLE PLANTS AND CROPS. Do not allow the herbicide solution to mist,drip,drift or splash onto desirable vegetation since minute quantities of this product can cause severe damage or destruction to the crop,plants or other areas on which treatment was not intended.The likelihood of plant or crop injury occurring from the use of this product is greatest when winds are gusty or in excess of 5 miles per hour or when other conditions,including lesser wind velocities,will allow spray drift to occur.When spraying,avoid combinations of pressure and nozzle type that will result in splatter or fine particles(mist)which are likely to drift.AVOID APPLYING AT EXCESSIVE SPEED OR PRESSURE. NOTE:Use of this product in any manner not consistent with this label may result in injury to persons,animals or crops,or other unintended consequences.When not in use,keep container closed to prevent spills and contamination. WEED RESISTANCE Any weed population may contain plants that are naturally resistant to glyphosate,the active ingredient in this product,and to other herbicides with the same mode of action.ATTENTION:These resistant weed biotypes will not be controlled by this product.Consult advisors such as your local agricultural extension service for agronomic management practices to minimize the occurrence of glyphosate resistance and considerations for supplemental control measures. Weed Management To minimize the occurrence of glyphosate-resistant biotypes,observe the following general weed management practices: •Scout application site before and after herbicide applications. •Start with a clean application site,using either a burndown herbicide application or tillage. •Control weeds early when they are relatively small. •Add other herbicides(e.g.a selective and/or a residual herbicide)and cultural practices(e.g.tillage or crop rotation)where appropriate. •Utilize the specified label rate for the most difficult to control weed in your field.Avoid tank mixtures with other herbicides that reduce this product's efficacy(through antagonism),or tank mixture directions that encourage application rates of this product below the label directions. •Control weed escapes and prevent weeds from setting seeds. •Clean equipment before moving from field to field to minimize the spread of weed seed or plant parts. •Report any incidence of repeated non-performance of this product on a particular weed to your Nufarm representative,local retailer,or county extension oG agent. Management of yyphosate-Resistant Biotypes Since the occurrence of new glyphosate-resistant weeds cannot be determined until after product use and scientific confirmation, manufacturer is not responsible for any losses that may result from the failure of this product to control glyphosate-resistant weed biotypes. The following good agronomic practices are recommended to reduce the spread of confirmed glyphosate-resistant biotypes: •If a naturally occurring resistant biotype is present in your application site,this product should be tank-mixed or applied sequentially with an appropriately labeled herbicide with a different mode of action to achieve control. •Cultural and mechanical control practices(e.g.crop rotation or tillage)may also be used as appropriate. •Scout treated application site after herbicide applications and control escaping weeds including resistant biotypes before they set seed. •Thoroughly clean equipment before leaving fields known to contain resistant biotypes. MIXING AND APPLICATION INSTRUCTIONS APPLY THESE SPRAY SOLUTIONS IN PROPERLY MAINTAINED AND CALIBRATED EQUIPMENT CAPABLE OF DELIVERING DESIRED VOLUMES.HAND-GUN APPLICATIONS MUST BE PROPERLY DIRECTED TO AVOID SPRAYING DESIRABLE PLANTS. NOTE: REDUCED RESULTS MAY OCCUR IF WATER CONTAINING SOIL IS USED,SUCH AS WATER FROM PONDS AND UNLINED DITCHES. TANK MIXTURES Always predetermine the compatibility of labeled tank mixtures of this product with water carrier by mixing small proportional quantities in advance.Mix labeled tank mixtures of this product with water as follows: 1.Place a 20 to 35 mesh screen or wetting basket over filling port. 2.Through the screen,fill the spray tank one-half full with water and start agitation. 3.If a wettable powder is used,make a slurry with the water carrier,and add it SLOWLY through the screen into the tank.Continue agitation. 4.If a flowable formulation is used,premix one part flowable with one part water.Add diluted mixture SLOWLY through the screen into the tank.Continue agitation. 5.If an emulsifiable concentrate formulation is used,premix one part emulsifiable concentrate with two parts water.Add diluted SLOWLY through the screen into the tank.Continue agitation. 6.Continue filling the spray tank with water and add the required amount of this product near the end of the filling process. 7.Where nonionic surfactant is recommended,add this to the spray tank before completing the filling process. 8.Add individual formulations to the spray tank as follows:wettable powder,flowable,emulsifiable concentrate,drift control additive, water soluble liquid followed by surfactant. 4 67720-1_book_art.gxp 6/1/15 12:36 PM Page 5 Maintain good agitation at all times until the contents of the tank are sprayed.If the spray mixture is allowed to settle,thorough agitation is required to resuspend the mixture before spraying is resumed.To prevent or minimize foam,avoid the use of mechanical agitators,place the filling hose below the surface of the spray solution,terminate by-pass and return lines at the bottom of the tank and if needed use an approved anti-foam or defoaming agent. Use screen size in nozzle or line strainers that are no finer than 50 mesh.Carefully select proper nozzle to avoid spraying a fine mist.For best results with conventional ground application equipment,use flat fan nozzles. Clean sprayer and parts immediately after using this product by thoroughly flushing with water. For best results with conventional ground application equipment,use flat fan nozzles.Check for even distribution of spray droplets. When using this product,mix 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution.Use a nonionic surfactant labeled for use with herbicides.The surfactant must contain 50 percent or more active ingredient. Always read and follow the manufacturer's surfactant label instructions for best results. Do not use surfactants in excess of 1 quart per acre when making broadcast applications. Colorants or marking dyes approved for use with herbicides may be added to spray mixtures of this product.Colorants or dyes used in spray solutions of this product may reduce performance,especially at lower rates or dilutions.Use colorants or dyes according to the manufacturer's label instructions. Clean sprayer and parts immediately after using this product by thoroughly flushing with water and dispose of rinsate according to labeled use or disposal instructions. Carefully observe all cautionary statements and other information appearing in the surfactant label. APPLICATION EQUIPMENT AND TECHNIQUES This product may be applied with the following application equipment: Broadcast Spray Controlled Droplet Applicator(CDA)-Hand-held or boom-mounted applicators which produce a spray consisting of a narrow range of droplet sizes. Hand-Held and High-Volume Spray Equipment'-Knapsack and backpack sprayers,pump-up pressure sprayers, handguns, handwands,lances and other hand-held and motorized spray equipment used to direct the spray onto weed foliage. `This product is not registered in California or Arizona for use in mistblowers. Selective Equipment-Recirculating sprayers and wiper applicators.See the appropriate part of this section for specific instructions and rates of application. -� Aerial-Fixed Wing and Helicopter APPLICATION INFORMATION Observe the following directions to minimize off-site movement during aerial application of this herbicide.Minimization of off-site movement is the responsibility of the grower,Pest Control Advisor,and aerial applicator. BOOM EQUIPMENT For control of weed or brush species listed in this label using conventional boom equipment-Use the specified rates of this product and surfactant in 3 to 30 gallons of water per acre as a broadcast spray,unless otherwise specified.See the"WEEDS CONTROLLED"section of this label for specific rates.As density of vegetation increases,spray volume may be increased within the specified range to ensure complete coverage.Carefully select correct nozzle to avoid spraying a fine mist.For best results with ground application equipment,use flat fan nozzles.Check for even distribution of spray droplets. HAND-HELD AND HIGH-VOLUME EQUIPMENT Use Coarse Sprays Only For control of weeds listed in this label using knapsack sprayers or high-volume spraying equipment utilizing handguns or other suitable nozzle arrangements-Prepare a 0.75 to 2 percent solution of this product in water,add a nonionic surfactant and apply to foliage of vegetation to be controlled.For specific rates of application and instructions for control of various annual and perennial weeds, see the"WEEDS CONTROLLED"section in this label. Apply on a spray-to-wet basis so that the spray coverage is uniform and complete.Do not spray to point of runoff. This product may be used as a 5 to 8 percent solution plus 0.5 to 1 fluid ounce non-ionic surfactant per gallon spray solution for low- volume directed sprays for spot treatment of trees and brush.It is most effective in areas where there is a low density of undesirable trees or brush.If a straight stream nozzle is used,start the application at the top of the targeted vegetation and spray from top to bottom in a lateral zig-zag motion.Ensure that at least 50 percent of the leaves are contacted by the spray solution.For flat fan and cone nozzles and with hand-directed mist blowers,mist the application over the foliage of the targeted vegetation.Small,open-branched trees need only be treated from one side.If the foliage is thick or there are multiple root sprouts,applications must be made from several sides to ensure adequate spray coverage. 5 67720-1_book_art.gxp 6/1/15 12:36 PM Page 6 For use in knapsack sprayers,It is suggested that the specified amount of this product be mixed with water in a large container.Fill sprayer with the mixed solution and add the correct amount of surfactant. Prepare the desired volume of spray solution by mixing the amount of this product in water as shown in the following table: SPRAY SOLUTION DESIRED AMOUNT OF PRODUCT VOLUME 0.75% 1.0% 1.25% 1.5% 5.0% 8.0% 1 Gallon 1.0 fl.oz. 1.33 fl.oz. 1.68 fl.oz. 2.0 fl.oz. 6.0 fl.oz. 10.25 fl.oz. 25 Gallons 1.5 pts. 1.0 qt. 1.25 qts. 1.5 qts. 5.0 qts. 2.0 gals. 100 Gallons 3.0 qts. 1.0 gal. 1.25 gals. 1.5 gals. 5.0 gals. 8.0 gals. 2 Tablespoons=1 fluid ounce SELECTIVE EQUIPMENT For terrestrial application,this product may be applied through a shielded applicator,or a wiper applicator after dilution and thorough mixing with water to listed weeds growing in any non-crop site specified on this label. •A shielded applicator directs the herbicide solution onto weeds,while shielding desirable vegetation from the herbicide. •A wiper applicator applies the herbicide solution onto weeds by rubbing the weed with an absorbent material containing the herbicide solution. AVOID CONTACT WITH DESIRABLE VEGETATION. This section summarizes the general weed control spectrum and rates of application for this herbicide.Additional information specific to individual use patterns is detailed in following sections. AERIAL EQUIPMENT Use the specified rates of this product and surfactant in 3 to 20 gallons of water per acre as a broadcast spray,unless otherwise specified. See the"WEEDS CONTROLLED"section of this label for specific rates.Unless otherwise specified,do not exceed 1.5 pints per acre. Aerial applications of this product may only be made as specified in this label. AVOID DRIFT-DO NOT APPLY DURING LOW-LEVEL INVERSION CONDITIONS,WHEN WINDS ARE GUSTY OR UNDER ANY OTHER CONDITION WHICH WILL ALLOW DRIFT.DRIFT MAY CAUSE DAMAGE TO ANY VEGETATION CONTACTED TO WHICH TREATMENT IS NOT INTENDED.TO PREVENT INJURY TO ADJACENT DESIRABLE VEGETATION,APPROPRIATE BUFFER ZONES MUST BE MAINTAINED. Coarse sprays are less likely to drift;therefore,do not use nozzles or nozzle configurations which dispense spray as fine spray droplets. Do not angle nozzles forward into the airstream and do not increase spray volume by increasing nozzle pressure above the manufacturer's instructions. Drift control additives may be used.When a drift control additive is used,read and carefully observe the precautionary statements and all other information appearing in the additive label. Ensure uniform application-To avoid streaked,uneven or overlapped application,use appropriate marking devices. Thoroughly wash aircraft,especially landing gear,after each day of spraying to remove residues of this product accumulated during spraying or from spills.PROLONGED EXPOSURE OF THIS PRODUCT TO UNCOATED STEEL SURFACES MAY RESULT IN CORROSION AND POSSIBLE FAILURE OF THE PART.LANDING GEAR ARE MOST SUSCEPTIBLE.The maintenance of an organic coating(paint) which meets aerospace specification MIL-C-38413 may prevent corrosion. For use of this product by air in California see additional instructions in"FOR AERIAL APPLICATION IN CALIFORNIA ONLY"Section. FOR AERIAL APPLICATION IN CALIFORNIA ONLY EXTREME CARE MUST BE EXERCISED TO AVOID CONTACT OF SPRAY WITH FOLIAGE,GREEN STEMS,OR FRUIT OF DESIRABLE CROPS,PLANTS,TREES,OR OTHER DESIRABLE VEGETATION SINCE SEVERE DAMAGE OR DESTRUCTION MAY RESULT. Written Directions A written direction MUST be submitted by or on behalf of the applicator to the Fresno County Agricultural Commissioner 24 hours prior to the application.This written direction MUST state the proximity of surrounding crops,and that conditions of each manufacturer's applicable product label(s)and this label have been satisfied. Aerial Applicator Training and Equipment Aerial application of this herbicide is limited to pilots who have successfully completed a Fresno County Agricultural Commissioner and California Department of Pesticide Regulation approved training program for aerial application of herbicides.All aircraft must be inspected, critiqued in flight,and certified at a Fresno County Agricultural Commissioner approved fly-in.Test and calibrate spray equipment at intervals sufficient to insure that proper rates of herbicides and adjuvants are being applied during commercial use.Applicator must document such calibrations and testing.Demonstration of performance at Fresno County Agricultural Commissioner approved"fly-ins" constitutes such documentation,or other written records showing calculations and measurements of flight and spray parameters acceptable to the Fresno County Agricultural Commissioner. 6 67720-1_book_art.gxp 6/1/15 12:36 PM Page 7 Application at night Do not apply this product by air earlier than 30 minutes prior to sunrise and/or later than 30 minutes after sunset without prior permission from the Fresno County Agricultural Commissioner. Aquatic and Other Noncrop Sites When applied as directed and under the conditions described in the"Weeds Controlled"section of the label booklet for this product,this herbicide will control or partially control the labeled weeds growing in the following industrial,recreational and public areas,or other similar sites. Aquatic Sites-including all bodies of fresh and brackish water which may be flowing,nonflowing or transient.This includes lakes, rivers,streams,ponds,seeps,irrigation and drainage ditches,canals,reservoirs,estuaries and similar sites. If aquatic sites are present in the noncrop areas and are part of the intended treatment,read and observe the following directions:There is no limit on the use of treated water for irrigation,recreation or domestic purposes. Consult local state fish and game agency and water control authorities before applying this product to public water.Permits may be required to treat such water. NOTE:Do not apply this product within 1/2 mile upstream of an active potable water intake in flowing water(i.e.,river,stream,etc.)or within 1/2 mile of an active potable water intake in a standing body of water such as a lake,pond or reservoir.To make aquatic applications around and within 1/2 mile of active potable water intakes,the water intake must be turned off for a minimum period of 48 hours after the application.The water intake may be turned on prior to 48 hours if the glyphosate level in the intake water is below 0.7 parts per million as determined by laboratory analysis.These aquatic applications may be made ONLY in those cases where there are alternative water sources or holding ponds which would permit the turning off of an active potable water intake for a minimum period of 48 hours after application. This product does not control plants which are completely submerged or have a majority of their foliage underwater. AVOID DRIFT-DO NOT APPLY WHEN WINDS ARE GUSTY OR UNDER ANY OTHER CONDITION WHICH WILL ALLOW DRIFT.DRIFT MAY CAUSE DAMAGE TO ANY VEGETATION CONTACTED TO WHICH TREATMENT IS NOT INTENDED.TO PREVENT INJURY TO ADJACENT DESIRABLE VEGETATION,APPROPRIATE BUFFER ZONES MUST BE MAINTAINED. Use the following guidelines when aerial applications are made near crops or desirable perennial vegetation after bud break and before total leaf drop,and/or near other desirable vegetation or annual crops. 1.Do not apply within 100 feet of all desirable vegetation or crop(s). 2.If wind up to 5 miles per hour is blowing toward desirable vegetation or crop(s),do not apply within 500 feet of the desirable vegetation or W n (s). 3.Windsds blowing from 5 to 10 miles per hour toward desirable vegetation or crop(s)may require buffer zones in excess of 500 feet. 4.Do not apply when winds are in excess of 10 miles per hour or when inversion conditions exist. FOR AERIAL APPLICATION IN FRESNO COUNTY,CALIFORNIA ONLY (From February 15 through March 31 only) For aerial application outside of these dates(April 1 through February 14),refer to the"FOR AERIAL APPLICATION IN CALIFORNIA ONLY"section printed above. Applicable Area This supplement only applies to the area contained inside the following boundaries within Fresno County,California only. North:Fresno County line South:Fresno County line East:State Highway 99 West:Fresno County line Information Always read and follow the label directions and precautionary statements for all products used in the aerial application.Observe the following directions to minimize off-site movement during aerial application of this product.Minimization of off-site movement is the responsibility of the grower,Pest Control Advisor and aerial applicator. Written directions MUST be submitted by or on behalf of the applicator to the Fresno County Agricultural Commissioner 24 hours prior to the application.This written direction MUST state the proximity of surrounding crops,and that conditions of each manufacturer's product label and this label have been satisfied. Aerial Applicator Training and Equipment Aerial application of this product is limited to pilots who have successfully completed a Fresno County Agricultural Commissioner and California Department of Pesticide Regulation approved training program for aerial application of herbicides.All aircraft must be inspected, critiqued in flight and certified at a Fresno County Agricultural Commissioner approved fly-in.Test and calibrate spray equipment at intervals sufficient to insure that proper rates of herbicides and adjuvants are being applied during commercial use.Applicator must document such calibrations and testing.Demonstration of performance at Fresno County Agricultural Commissioner approved fly-ins constitutes such documentation,or other written records showing calculations and measurements of flight and spray parameters acceptable to the Fresno County Agricultural Commissioner. 7 67720-1_book_art.gxp 6/1/15 12:36 PM Page 8 Applications at Night—Do not apply this product by air earlier than 30 minutes prior to sunrise and/or later than 30 minutes after sunset without prior permission from the Fresno County Agricultural Commissioner. For aerial application from April 1 through February 14,refer to the"FOR AERIAL APPLICATION IN CALIFORNIA ONLY"section printed above. SPRAY DRIFT MANAGEMENT Avoiding spray drift at the application site is the responsibility of the applicator.The interaction of many equipment and weather'related factors determine the potential for spray drift.The applicator and the grower are responsible for considering all these factors when making decisions.The following drift management requirements must be followed to avoid off-target drift movement from aerial applications.These requirements do not apply to forestry applications,public health uses or to applications using dry formulations. 1.The distance of the outer most operating nozzles on the boom must not exceed 3/4 the length of the rotor. 2.Nozzles must always point backward parallel with the air stream and never be pointed downward more than 45 degrees.Where states have more stringent regulations,they must be observed. The applicator must be familiar with and take into account the information covered in the Aerial Drift Reduction Advisory Information. Importance of Droplet Size The most effective way to reduce drift potential is to apply large droplets.The best drift management strategy is to apply the largest droplets that provide sufficient coverage and control.Applying larger droplets reduces drift potential,but will not prevent drift if applications are made improperly,or under unfavorable environmental conditions(see Wind,Temperature and Humidity,and Temperature Inversions sections of this label). Controlling Droplet Size •Volume-Use high flow rate nozzles to apply the highest practical spray volume.Nozzles with higher rated flows produce larger droplets. •Pressure-Do not exceed the nozzle manufacturer's specified pressures.For many nozzle types,lower pressure produces larger droplets.When higher flow rates are needed,use higher flow rate nozzles instead of increasing pressure.Higher pressure reduces droplet size and does not improve canopy protection. •Number of Nozzles-Use the minimum number of nozzles that provide uniform coverage. •Nozzle Orientation-Orienting nozzles so that the spray is released backwards,parallel to the air stream produces larger droplets than other orientations.Significant deflection from horizontal will reduce droplet size and increase drift potential. •Nozzle Type-Use a nozzle type that is designed for the intended application.With most nozzle types,narrower spray angles produce larger droplets.Consider using low-drift nozzles.Solid stream nozzles oriented straight back produce the largest droplets and the lowest drift. •Boom Length-For some use patterns,reducing the effective boom length to less than 3/4 of the wingspan or rotor length may further reduce drift without reducing swath width. •Application Height-Applications must not be made at a height greater than 10 feet above the top of the largest plants unless a greater height is required for aircraft safety.Making applications at the lowest height that is safe reduces exposure of droplets to evaporation and wind. Swath Adjustment When applications are made with a crosswind,the swath will be displaced downwind.Therefore,on the up and downwind edges of the field,the applicator must compensate for this displacement by adjusting the path of the aircraft upwind.Swath adjustment distance must increase,with increasing drift potential(higher wind,smaller drops,etc.). Wind Drift potential is lowest between wind speeds of 2-10 mph.However,many factors,including droplet size and equipment type,determine drift potential at any given speed.Do not make applications when wind speed is below 2 mph due to variable wind direction and high inversion potential.Note:Local terrain can influence wind patterns.Every applicator must be familiar with local wind patterns and how they affect spray drift. Temperature and Humidity When making applications in low relative humidity,set up equipment to produce larger droplets to compensate for evaporation.Droplet evaporation is most severe when conditions are both hot and dry. Temperature Inversions Applications must not occur during a local,low level temperature inversion because drift potential is high.Temperature inversions restrict vertical air mixing,which causes small suspended droplets to remain in a concentrated cloud.This cloud can move in unpredictable directions due to the light variable winds common during inversions.Temperature inversions are characterized by increasing temperatures with attitude and are common 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 indicated by ground fog;however,if fog is not present,inversions can also be identified by the movement of the smoke from a ground source or an aircraft smoke generator.Smoke that layers and moves laterally in a concentrated cloud(under low wind conditions)indicates an inversion,while smoke that moves upward and rapidly dissipates indicates good vertical air mixing. 8 67720-1_book_art.gxp 6/1/15 12:36 PM Page 9 Sensitive Areas Only make applications when the potential for drift to adjacent sensitive areas(e.g.,residential areas,bodies of water,known habitat for threatened or endangered species,non-target crops)is minimal(e.g.when wind is blowing away from the sensitive areas). WEEDS CONTROLLED ANNUAL WEEDS Apply to actively growing annual grasses and broadleaf weeds. Allow at least 3 days after application before disturbing treated vegetation.After this period the weeds may be mowed,tilled or burned. See"DIRECTIONS FOR USE","PRODUCT INFORMATION"and"MIXING AND APPLICATION INSTRUCTIONS"for labeled uses and specific application instructions. Broadcast Application-Use 1-1/2 pints of this product per acre plus 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution,if weeds are less than 6 inches tall.If weeds are greater than 6 inches tall,use 2-1/2 pints of this product per acre plus 2 or more quarts of an approved nonionic surfactant per 100 gallons of spray solution. Hand-Held,High-Volume Application-Use a 3/4 percent solution of this product in water plus 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution and apply to foliage of vegetation to be controlled. When applied as directed under the conditions described in this label,this product plus nonionic surfactant WILL CONTROL the following ANNUAL WEEDS: Balsamapple•• Foxtail Rocket,London Momordica charantia Setaha spp. Sisymbrium irio Barley Foxtail,Carolina Rye Hordeum vulgare Alopecurus carolinianus Secale cereale Barnyardgrass Groundsel,common Ryegrass,Italian* Echinochloa crus-galli Senecio vulgaris Lolium multiflorum Bassia,fivehook Horseweed/Marestail Sandbur,field Bassia hyssopifolia Conyza canadensis Cenchrus spp. Bluegrass,annual Kochia* Shattercane Poa annua Kochia scoparia Sorghum bicolor Bluegrass,bulbous Lambsquarters,common Shepherd's-purse Poa bulbosa Cheno p Capsella bursa-pastoris Brome• y Signalgrass,broadleaf Bromus spp. album Lettuce,prickly* odium Lactuca serriola Brachiaha platyphylla Buttercup podium Smartweed,Pennsylvania Ranunculus spp. 1pomoea spp. Polygonum pensylvanicum Cheat Mustard,blue Sowthistle,annual* Bromus secalinus Chorispora tenella Sonchus oleraceus Chickweed,mouseear Mustard,tansy Spanishneedles• Cerastium vulgatum Descurainia pinnata Bidens bipinnata Cocklebur Mustard,tumble Spurry,umbrella Xanthium strumarium Sisymbrium altissimum Holosteum umbellatum Corn,volunteer Mustard,wild Stinkgrass Zea mays Sinapis arvensis Eragrostis cilianensis Crabgrass Oats,wild Sunflower* Digitaria spp. Avena fatua Helianthus annuus Dwarf dandelion Panicum" Thistle,Russian Krigia cespitosa Panicum spp. Salsola kali False dandelion Pennycress,field Velvetleaf" Krigia cespitosa Thlaspi arvense Abutilon theophrasti Falseflax,smallseed Pigweed,redroot Wheat Camelina microcarpa Amaranthus retroflexus Triticum aestivum Fiddleneck• Pigweed,smooth Witchgrass Amsinckia spp. Amaranthus hybridus Panicum capillare Flax leaf fleabane* Ragweed,common* Conyza bonariensis Ambrosia artemisiifolia Fleabane Ragweed,giant* Erigeron spp. Ambrosia trifida 'Apply 3 pints of this product per acre. "'Apply with hand-held equipment only. Annual weeds will generally continue to germinate from seed throughout the growing season.Repeat treatments will be necessary to control later germinating weeds. 9 • 67720-1_book_art.gxp 6/1/15 12:36 PM Page 10 PERENNIAL WEEDS Apply this product as follows to control or destroy most vigorously growing perennial weeds.Unless otherwise directed,allow at least 7 days after application before disturbing vegetation. See individual control instructions for specific weeds following the table.For other perennials listed on this label,apply 4-1/2 to 7-1/2 pints of product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached early head or early bud stage of growth. Add 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution to the rates of this product given in this list.See the "PRODUCT INFORMATION","DIRECTIONS FOR USE"and"MIXING AND APPLICATION"sections in this label for specific uses and application instructions. NOTE:If weeds have been mowed or tilled,do not treat until regrowth has reached the recommended stages.Fall treatments must be applied before a killing frost. Repeat treatments may be necessary to control weeds regenerating from underground parts or seed. When applied as specified under the conditions described,this product plus surfactant WILL CONTROL the following PERENNIAL WEEDS: Alfalfa Fescue,tall Paragrass Medicago sativa Festuca arundinacea Brachiaria mutica Alligatorweed' Guineagrass Phragmites** Altemanthera philoxeroides Panicum maximum Phragmites spp. Anise/Fennel Hemlock,poison Ouackgrass Foeniculum vulgare Conium maculatum Agropyron repens Artichoke,Jerusalem Horsenettle Reed,giant Helianthus tuberosus Solanum carolinense Arundo donax Bahiagrass Horseradish Ryegrass,perennial Paspalum notatum Armoracia rusticana Lolium perenne Bermudagrass Ice Plant Smartweed,swamp Cynodon dactylon Mesembryanthemum crystallinum Polygonum coccineum Bindweed,field Johnsongrass Spatterdock Convolvulus arvensis Sorghum halepense Nuphar luteum Bluegrass,Kentucky Kikuyugrass Starthistle,yellow Poa pmtensis Pennisetum clandestinum Centaurea solstitalis Blueweed,Texas Knapweed Sweet potato,wild* Helianthus ciliaris Centaurea repens Ipomoea pandurata Brackenfern Lantana Thistle,artichoke Pteridium spp. Lantana camara Cynara cardunculus Bromegrass,smooth Lespedeza:common,services Thistle,Canada Bromus inermis Lespedeza striate Cirsium arvense Canarygrass,reed Lespedeza cuneata Timothy Phalan anindinacea Loosestrife,purple Phleum pratense Cattail Lythrum salicaria Torpedograss' Typha spp. Lotus,American Panicum repens Clover,red Nelumbo lutea Tules,common Trifolium pratense Maidencane Scirpus acutus Clover,white Panicum hematomon Vaseygrass Tnfolium repens Milkweed Paspalum urvillei Cogongrass Asclepias spp. Velvetgrass Imperata cylindrica Muhly,wirestem Holcus spp. Cordgrass Muhienbergia frondonsa Waterhyacinth Spartina spp. Mullein,common Eichomia crassipes Cutgrass,giant' Verbascum thapsus Waterlettuce Zizaniopsis miliacea Napiergrass Pistia stratiotes Dallisgrass Pennisetum purpureum Waterprimrose Paspalum dilatatum Nightshade,silverleaf Ludwigia spp. Dandelion Solanum elaeagnifolium Wheatgrass,western Taraxacum officinale Nutsedge:purple,yellow Agropyron smith,, Dock,curly Cyperus rotundus Rumex cnspus Cyperus esculentus Dogbane,hemp Orchardgrass Apocynum cannabinum Dactylis glomerate Fescue Pampas grass Festuca spp. Cortadena jubata 'Partial control. "Partial control in southeastern states.See specific instructions below. 10 67720-1_book art.gxp 6/1/15 12:36 PM Page 11 Alligatorweed-Apply 6 pints of this product per acre as a broadcast spray or as a 1-1/4 percent solution with hand-held equipment to provide partial control of alligatorweed.Apply when most of the target plants are in bloom.Repeat applications will be required to maintain such control. Bermudagrass-Apply 7-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment. Apply when target plants are actively growing and when seedheads appear. Bindweed,field/Silverleaf Nightshade/Texas Blueweed-Apply 6 to 7-1/2 pints of this product per acre as a broadcast spray west of the Mississippi River and 4-1/2 to 6 pints of this product per acre east of the Mississippi River.With hand-held equipment,use a 1-1/2 percent solution.Apply when target plants are actively growing and are at or beyond full bloom.For silverleaf nightshade,best results can be obtained when application is made after berries are formed.Do not treat when weeds are under drought stress.New leaf development indicates active growth.For best results apply in late summer or fall. Brackenfern-Apply 4-1/2 to 6 pints of this product per acre as a broadcast spray or as a 3/4 to 1 percent solution with hand-held equipment.Apply to fully expanded fronds which are at least 18 inches long. Cattail-Apply 4-1/2 to 6 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Apply when target plants are actively growing and are at or beyond the early-to-full bloom stage of growth.Best results are achieved when application is made during the summer or fall months. Cogongrass-Apply 4-1/2 to 7-1/2 pints of this product per acre as a broadcast spray.Apply when cogongrass is at least 18 inches tall and actively growing in late summer or fall.Allow 7 or more days after application before tillage or mowing.Due to uneven stages of growth and the dense nature of vegetation preventing good spray coverage,repeat treatments may be necessary to maintain control. Cordgrass-Apply 4-1/2 to 7-1/2 pints of this product per acre as a broadcast spray or as a 1 to 2 percent solution with hand-held equipment.Schedule applications in order to allow 6 hours before treated plants are covered by tidewater.The presence of debris and sift on the cordgrass plants will reduce performance.It may be necessary to wash targeted plants prior to application to improve uptake of this product into the plant. Cutgrass,giant-Apply 6 pints of this product per acre as a broadcast spray or as a 1 percent solution with hand-held equipment to provide partial control of giant cutgrass.Repeat applications will be required to maintain such control,especially where vegetation is partially submerged in water.Allow for substantial regrowth to the 7-to 10-leaf stage prior to retreatment. Dogbane,hemp/Knapweed/Horseradish-Apply 6 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached the late bud-to-flower stage of growth. For best results,apply in late summer or fall. Fescue,tall-Apply 4-1/2 pints of this product per acre as a broadcast spray or as a 1 percent solution with hand-held equipment. Apply when target plants are actively growing and most have reached the boot-to-head stage of growth.When applied prior to the boot stage,less desirable control may be obtained. Guineagrass-Apply 4-1/2 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Apply when target plants are actively growing and when most have reached at least the 7-leaf stage of growth. Johnsongrass/Bluegrass, Kentucky/Bromegrass, smooth/Canarygrass, reed/Orchardgrass/Ryegrass, perennial/Timothy/ Wheatgrass,western-Apply 3 to 4-1/2 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached the boot-to-head stage of growth.When applied prior to the boot stage,less desirable control may be obtained.In the fall,apply before plants have turned brown. Lantana-Apply this product as a 3/4 to 1 percent solution with hand-held equipment.Apply to actively growing Lantana at or beyond the bloom stage of growth.Use the higher application rate for plants that have reached the woody stage of growth. Loosestrife,purple-Apply 4 pints of this product per acre as a broadcast spray or as a 1 to 1-1/2 percent solution using hand-held equipment.Treat when plants are actively growing at or beyond the bloom stage of growth.Best results are achieved when application is made during summer or fall months.Fall treatments must be applied before a killing frost. Lotus,American-Apply 4 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Treat when plants are actively growing at or beyond the bloom stage of growth.Best results are achieved when application is made during summer or fall months.Fall treatments must be applied before a killing frost.Repeat treatment may be necessary to control regrowth from underground parts and seeds. Maidencane/Paragrass-Apply 6 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Repeat treatments will be required,especially to vegetation partially submerged in water.Under these conditions,allow for regrowth to the 7-to 10-leaf stage prior to retreatment. Milkweed,common-Apply 4-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached the late bud-to-flower stage of growth. Nutsedge:purple,yellow-Apply 4-1/2 pints of this product per acre as a broadcast spray,or as a 3/4 percent solution with hand-held equipment to control existing nutsedge plants and immature nutlets attached to treated plants.Apply when target plants are in flower or when new nutlets can be found at rhizome tips.Nutlets which have not germinated will not be controlled and may germinate following treatment.Repeat treatments will be required for long-term control. Pampasgrass-Apply a 1-1/2 percent solution of this product with hand-held equipment when plants are actively growing. 11 67720-1_book_art.qxp 6/1/15 12:36 PM Page 12 Phragmites-For partial control of phragmites in Florida and the counties of other states bordering the Gulf of Mexico,apply 7-1/2 pints per acre as a broadcast spray or apply a 1-1/2 percent solution with hand-held equipment.In other areas of the U.S.,apply 4 to 6 pints per acre as a broadcast spray or apply a 3/4 percent solution with hand-held equipment for partial control.For best results,treat during late summer or fall months when plants are actively growing and in full bloom.Due to the dense nature of the vegetation,which may prevent good spray coverage and uneven stages of growth,repeat treatments may be necessary to maintain control.Visual control symptoms will be slow to develop. Quackgrass/Kikuyugrass/Muhly,wirestem-Apply 3 to 4-1/2 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment when most quackgrass or wirestem muhly is at least 8 inches in height(3-to 4-leaf stage of growth) and actively growing.Allow 3 or more days after application before tillage. Reed,giant/ice plant-For control of giant reed and ice plant,apply a 1-1/2 percent solution of this product with hand-held equipment when plants are actively growing.For giant reed,best results are obtained when applications are made in late summer to fall. Spatterdock-Apply 6 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Apply when most plants are in full bloom.For best results,apply during the summer or fall months. Sweet potato,wild-Apply this product as a 1-1/2 percent solution using hand-held equipment.Apply to actively growing weeds that are at or beyond the bloom stage of growth.Repeat applications will be required.Allow the plant to reach the recommended stage of growth before retreatment. Thistle:Canada,artichoke-Apply 3 to 4-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment for Canada thistle.To control artichoke thistle,apply a 2 percent solution as a spray to wet application.Apply when target plants are actively growing and are at or beyond the bud stage of growth. Torpedograss-Apply 6 to 7-1/2 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment to provide partial control of torpedograss.Use the lower rates under terrestrial conditions,and the higher rates under partially submerged or a floating mat condition.Repeat treatments will be required to maintain such control. Tubes,common-Apply this product as a 1-1/2 percent solution with hand-held equipment.Apply to actively growing plants at or beyond the seedhead stage of growth.After application,visual symptoms will be slow to appear and may not occur for 3 or more weeks. Waterhyacinth-Apply 5 to 6 pints of this product per acre as a broadcast spray or apply a 3/4 to 1 percent solution with hand-held equipment.Apply when target plants are actively growing and at or beyond the early bloom stage of growth.After application,visual symptoms may require 3 or more weeks to appear with complete necrosis and decomposition usually occurring within 60 to 90 days. Use the higher rates when more rapid visual effects are desired. Waterlettuce-For control,apply a 3/4 to 1 percent solution using hand-held equipment to actively growing plants.Use higher rates where infestations are heavy.Best results are obtained from mid-summer through winter applications.Spring applications may require retreatment. Waterprimrose-Apply this product as a 3/4 percent solution using hand-held equipment.Apply to plants that are actively growing at or beyond the bloom stage of growth,but before fall color changes occur.Thorough coverage is necessary for best control. Other perennials listed on this label-Apply 4-1/2 to 7-1/2 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached early head or early bud stage of growth. WOODY BRUSH AND TREES See individual control instructions for specific woody brush and trees to be controlled in the following table.For partial control of other woody brush and trees listed in the table,apply 1.5 to 7.5 quarts of this product per acre as a broadcast spray or as a 0.75 to 10 percent solution with hand-held equipment. Apply the specified rate of this product plus 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution when plants are actively growing and,unless otherwise directed,after full-leaf expansion.Use the higher rate for larger plants and/or dense areas of growth.On vines,use the higher rate for plants that have reached the woody stage of growth.Best results are obtained when application is made in late Summer or Fall after fruit formation. Applied as a 5 to 8 percent solution as a directed application as described in the"HAND-HELD AND HIGH-VOLUME EQUIPMENT" section,this product will control or partially control all species listed in this section of the label.Use the higher rate of application for dense stands and larger woody brush and trees. In arid areas,best results are obtained when application is made in the Spring or early Summer when brush species are at high moisture content and are flowering.Ensure thorough coverage when using hand-held equipment.Symptoms may not appear prior to frost or senescence with Fall treatment. Allow 7 or more days after application before mowing or removal.Repeat treatments may be necessary to control plants regenerating from underground parts or seed.Some autumn colors on undesirable deciduous species are acceptable provided no major leaf drop has occurred.Reduced performance may result if Fall treatments are made following a frost. 12 67720-1_book_art.gxp 6/1/15 12:36 PM Page 13 Application Rates' METHOD OF APPLICATION APPLICATION RATE SPRAY VOLUME (Gallons/Acre) Broadcast Aerial 1.5 to 7.5 qts./acre 5 to 30 Ground 1.5 to 7.5 qts./acre 10 to 60 Spray-to-Wet Handgun,Backpack,Mistblower 0.75%to 2.0%by volume Spray-to-Wet Low Volume Directed Spray2 • Handgun,Backpack,Mistblower 5.0%to 10.0%by volume Partial Coverage 'Where repeat applications are necessary do not exceed 8.0 quarts per acre per year. For low volume directed spray applications,coverage should be uniform with at least 50 percent of the foliage contacted.For best results,coverage of the top one-half of the plant is important. NOTE:If brush has been mowed or tilled or trees have been cut,do not treat until regrowth has reached the recommended stage of growth. When applied as specified under the conditions described,this product plus surfactant CONTROLS or PARTIALLY CONTROLS the following woody brush plants and trees: Alder Dewberry Monkey Flower* Alnus spp. Rubus trivialis Mimulus guttatus Ash' Dogwood Oak: Fraxinus spp. Comus spp. Black* Aspen,quaking Elderberry Quercus velutina Populus tremuloides Sambucus spp. Northern pine Bearclover,Bearmat Elm* Quercus palustris Chamaebatia foliolosa Ulmus spp. Post Birch Eucalyptus,bluegum Quercus stellata Betula spp. Blackberry Eucalyptus globules Red Hasardia* Quercus rubra Rubus spp. Haplopappus squamosus Southern red Broom: Hawthorn Quercus falcata French Crataegus spp. White* Cytisus monspessulanus Hazel Quercus alba Scotch Corylus spp. Persimmon* Cytisus scoparius Hickory Diospyros spp. Buckwheat,California* Carya spp. Poison Ivy Enogonum fasciculatum Holly,Florida;Brazilian Peppertree Rhus radicans Cascara* Schinus terebinthifolius Poison Oak Rhamnus purshiana Honeysuckle Rhus toxicodendron Catsclaw' Lonicera spp. Poplar,yellow' Acacia greggi Hornbeam,American Liriodendron tulipifera Ceanothus Carpinus caroliniana Prunus Ceanothus spp. Kudzu Prunus spp. Chamise Puerana lobata Raspberry Adenostoma fasciculatum Locust,black' Rubus spp. Cherry: Robinia pseudoacacia Redbud,eastern Bitter Manzanita Cercis canadensis Prunus emarginata Arctostaphylos spp. Rose,multiflora Black Maple: Rosa multiflora Prunus serotina Red" Russian-olive Pin Acer rubrum Elaeagnus angustifolia Prunus pensylvanica Sugar Sage:black,white Coyote brush Acer saccharum Salvia spp. Bachans consanguinea Vine' Sagebrush,California Creeper,Virginia* Acer circinatum Artemisia califomica Parthenocissus quinquefolia (continued) 13 67720-1_book_art.gxp 6/1/15 12:36 PM Page 14 Salmonberry Sumac: Tallowtree,Chinese Rubus spectabilis Poison' Sapium sebiferum Salt cedar' Rhus vemix Thimbleberry Tamarix spp. Smooth' Rubus parviflorus Saltbush,Sea myrtle Rhus glabra Tobacco,tree' Bacchans halimifolia Winged' Nicotiana glauca Sassafras Phus copallina Trumpetcreeper Sassafras aibidum Sweet gum Campsis radicans Sourwood' Liquidambar styraciflua Waxmyrtle,southern' Oxydendrum arboreum Swordfern' Mynca centera Polystichum munitum Willow Salix spp. 'Partial control "See below for control or partial control instruction. See the"DIRECTIONS FOR USE"and"MIXING AND APPLICATION INSTRUCTIONS"sections in this label for labeled use and specific application instructions. Apply the product as follows to control or partially control the following woody brush and trees. Alder/Blackberry/Dewberry/Honeysuckle/Oak,Post/Raspberry-For control,apply 4-1/2 to 6 pints per acre as a broadcast spray or as a 3/4 to 1-1/4 percent solution with hand-held equipment. Aspen,Quaking/Hawthorn/Trumpetcreeper-For control,apply 3 to 4-1/4 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/4 percent solution with hand-held equipment. Birch/Elderberry/HazeUSalmonberry/Thimbleberry-For control,apply 3 pints per acre of this product as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Broom:French,Scotch-For control,apply a 1-1/4 to 1-1/2 percent solution with hand-held equipment. Buckwheat,California/Hasardia/Monkey Flower/Tobacco,Tree-For partial control of these species apply a 3/4 to 1-1/2 percent solution of this product as a foliar spray with hand-held equipment.Thorough coverage of foliage is necessary for best results. Catsclaw-For partial control,apply a 1-1/4 to 1-1/2 percent solution with hand-held equipment when at least 50 percent of the new leher are fully developed. lkPin Cherry:Bitter,Black,Pin/Oak,Southern Red/Sweet Gum/Prunus-For control,apply 3 to 7-1/2 pints of this product per acre as a broadcast spray or as a 1 to 1-1/2 percent solution with hand-held equipment. Coyote brush-For control,apply a 1-1/4 to 1-1/2 percent solution with hand-held equipment when at least 50 percent of the new leaves are fully developed. Dogwood/Hickory/Salt cedar-For partial control,apply a 1 to 2 percent solution of this product with hand-held equipment or 6 to 7-1/2 pints per acre as a broadcast spray. Eucalyptus,bluegum-For control of eucalyptus resprouts,apply a 1-1/2 percent solution of this product with hand-held equipment when resprouts are 6-to 12-feet tall.Ensure complete coverage.Apply when plants are actively growing.Avoid application to drought-stressed plants. Holly,Florida/Waxmyrtle,southern-For partial control,apply this product as a 1-1/2 percent solution with hand-held equipment. Kudzu-For control,apply 6 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment. Repeat applications will be required to maintain control. Maple,Red-For control,apply as a 3/4 to 1-1/4 percent solution with hand-held equipment when leaves are fully developed.For partial control,apply 2 to 7-1/2 pints of this product per acre as a broadcast spray. Maple,Sugar/Oak:Northern Pine,Red-For control,apply as a 3/4 to 1-1/4 percent solution with hand-held equipment when at least 50 percent of the new leaves are fully developed. Poison Ivy/Poison Oak-For control,apply 6 to 7-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment.Repeat applications may be required to maintain control.Fall treatments must be applied before leaves lose green color. Rose,multiflora-For control,apply 3 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with handheld equipment.Make treatments prior to leaf deterioration by leaf-feeding insects. Sage,black/Sagebrush,California/Chamise/Tallowtree,Chinese-For control of these species,apply a 3/4 percent solution with hand-held equipment.Thorough coverage of foliage is necessary for best results. Saltbush,Sea myrtle-For control,apply this product as a 1 percent solution with hand-held equipment. Willow-For control,apply 4-1/2 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Other woody brush and trees listed in this label-For partial control,apply 3 to 7-1/2 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment. 14 67720-1_book_art.gxp 6/1/15 12:36 PM Page 15 —tar PASTURE AND RANGELANDS PASTURES LABELED GRASSES:Bahiagrass,Bermudagrass,Bluegrass,Brome,Fescue,Guineagrass,Kikuyugrass,Orchardgrass,Pangola grass, Ryegrass,Timothy and Wheatgrass. TYPES OF APPLICATIONS: Preplant, Preemergence, Pasture Renovation, Spot Treatment, Over-the-Top Wiper Applications, Postemergent Weed Control(Broadcast Treatments). Preplant,Preemergence,Pasture Renovation USE INSTRUCTIONS:This product can be applied prior to planting or emergence of forage grasses or used to control perennial pasture species listed on this label prior to re-planting. RESTRICTIONS:If application rates total 4.5 pints per acre or less,no waiting period between treatment and feeding of livestock grazing is required.If the rate is greater than 4.5 pints per acre,remove domestic livestock before application and wait 8 weeks after application before grazing or harvesting.Crops listed for treatment in this label may be planted into the treated area at any time;for other crops,wait 30 days between application and planting. Spot Treatment,Over-the-Top Wiper Applications USE INSTRUCTIONS:This product can be applied as a spot treatment or with wiper applicators in pastures.Applications may be made in the same area at 30-day intervals. PRECAUTIONS:To achieve maximum performance,remove domestic livestock before application and wait 7 days after application before grazing livestock or harvesting. RESTRICTIONS:For spot treatments or wiper application methods using rates of 4.5 pints per acre or less,the entire field or any portion of it may be treated.When spot treatments or wiper application are made using rates above 4.5 pints per acre,no more than 10 percent of the total pasture may be treated at any one time. Postemergent Weed Control(Broadcast Treatments) USE INSTRUCTIONS:This product can be used to suppress competitive growth and seed production of annual weeds and undesirable vegetation in pastures.For selective applications with broadcast spray equipment,apply 9 to 12 fluid ounces of this product per acre in early spring before desirable perennial grasses break dormancy and initiate green growth.Late fall applications can be made after desirable perennial grasses have reached dormancy. PRECAUTIONS:Some stunting of perennial grasses will occur if broadcast applications are made when plants are not dormant.No waiting period is required between application and grazing or harvesting for feed.Use of higher application rates will cause stand reductions. RESTRICTIONS:Do not apply more than 72 fluid ounces per acre per year onto pasture grasses except for renovation uses(see instructions above).If replanting is needed due to severe stand reduction,applications must be made at least 30 days prior to planting any crop not listed for treatment in this label. RANGELANDS TYPES OF APPLICATIONS:Postemergence. This product will control or suppress many annual weeds growing in perennial cool and warm-season grass rangelands. Preventing viable seed production is key to the successful control and invasion of annual grassy weeds in rangelands.Follow-up applications in sequential years should eliminate most of the viable seeds.Delay grazing of treated areas to encourage growth of desirable perennials.Allowing desirable perennials to flower and reseed in the treated area will encourage successful transition. USE INSTRUCTIONS:Apply 9 to 12 fluid ounces of this product per acre to control or suppress many weeds,including downy brome, cheatgrass,cereal rye and jointed goatgrass in rangelands.Apply when most brome plants are in early flower and before the plants, including seedheads,turn color.Allowing for secondary weed flushes to occur in the spring following rain events further depletes the seed reserve and encourages perennial grass conversion on weedy sites.Fall applications are possible,and recommended,where spring moisture is usually limited and fall germination allows for good weed growth. For medusahead,apply 12 fluid ounces of this product per acre at the 3-leaf stage.Delaying applications beyond this stage will result in reduced or unacceptable control.Controlled burning may be useful in eliminating the thatch layer produced by slow decaying culms prior to application.Allow new growth to occur before spraying after a burn.Repeat applications in subsequent years may be necessary to eliminate the seedbank before reestablishing desirable perennial grasses in medusahead-dominated rangelands. PRECAUTIONS:Slight discoloration of the desirable grasses may occur,but they will regreen and regrow under moist soil conditions as effects of this product wear off.No waiting period between treatment and feeding of livestock or grazing is required. RESTRICTIONS:Do not use ammonium sulfate when spraying rangeland grasses with this product.Do not apply more than 4.5 pints per acre per year. RANGELAND AND PASTURE THE USE OF SURFACTANT When using this product for use on Rangeland and Pasture the use of a nonionic surfactant is required.Mix two or more quarts of a nonionic surfactant per 100 gallons of spray solution.Examples of when to use the higher surfactant rate include,but are not limited to: high water volumes,adverse environmental conditions,tough to control weeds,weeds under stress,surfactants with less than 70 percent active ingredient,tank mixes,etc. 15 67720-1_book_art.gxp 6/1/15 12:36 PM Page 16 When applied as directed under the conditions described,this product controls annual and perennial weeds listed in the label booklet. Do not reduce rates of this product when adding surfactant.DO NOT add buffering agents or pH adjusting agents to the spray solution when AquaNeat is the only pesticide used. NON-CROP USES See"PRODUCT INFORMATION"and"MIXING AND APPLICATION INSTRUCTIONS"sections of this label for essential product performance information and the following"NON-CROP"sections for specific uses. EXTREME CARE MUST BE EXERCISED TO AVOID CONTACT OR SPRAY WITH FOLIAGE,GREEN STEMS,EXPOSED NON-WOODY ROOTS OR FRUIT OF CROPS,DESIRABLE TURFGRASSES,TREES,SHRUBS OR OTHER DESIRABLE VEGETATION SINCE SEVERE DAMAGE OR DESTRUCTION MAY RESULT. Repeat treatments may be necessary to control weeds regenerating from underground parts or seeds.Where repeat applications are necessary,do not exceed 8 quarts of this product per acre per year. This product does not provide residual weed control.For subsequent weed control,follow a label-approved herbicide program. Read and carefully observe the cautionary statements and all other information appearing on the labels of all herbicides used. INDUSTRIAL,RECREATIONAL AND PUBLIC AREAS When applied as directed for"NON-CROP USES",under conditions described,this product may be used to control the listed weeds. Non-Crop Sites-This product may be used to control the listed weeds in terrestrial noncrop sites and/or in aquatic sites within these areas: airfields;airports;alleys,lanes,trails&access roads;around commercial or industrial structures or outbuildings;around farm and ranch structures and outbuildings;around ornamental gardens;around ornamental trees&shrubs;bare ground;beaches;campgrounds; construction sites;ditch banks;drive-in theaters;driveways&ramps;dry ditches&canals;fences&fencerows;firebreaks;golf courses: gravel yards;habitat restoration&management areas;highways&roadsides(including aprons,medians,guardrails&right of ways); industrial plant sites;industrial areas;lumber yards;mulched areas;natural areas;paths and trails;parking areas;parks;paved areas; petroleum&other tank farms;pumping installations;pipeline,power,telephone&utility rights-of-way;power stations;preplant to turf& ornamental plants;railroad rights-of way;recreation areas;refineries;resorts;schools;sidewalks;sports areas;storage areas;substations; tennis courts;uncropped farmstead areas;uncultivated non-agricultural areas;vacant lots;walkways; wastelands;&wildlife habitat areas. This product is a non-selective herbicide that is diluted and applied to the foliage of actively growing weeds as a spot or broadcast application.It is absorbed by the leaves and moves throughout the stem and roots to control the entire plant.Visible symptoms may require a week or more to appear,with bumdown usually occurring in 2 to 4 weeks.Symptoms are a gradual wilting and yellowing of the sprayed plant followed by deterioration of both shoots and roots.This product has no herbicide activity in the soil and will not wash or leach to affect nearby vegetation.Any ornamental species may be planted in treated areas 7 days or more after application.For most effective results,delay mowing,clipping,planting or sodding of treated areas for at least 7 days after application.This allows time for this product to move within the plant. For specific rates of application and instructions for control of particular annual weeds,perennial weeds,woody brush and trees,see the"WEEDS CONTROLLED"section of this label.These applications may be made to large affected areas or as spot treatments.For general use in small areas,see alternative instructions below under"Small Area Treatment With Hand-held Sprayers". Unless the"Agriculture Use Requirements"on this label are observed,the following restrictions apply: Not for use on plants being grown for sale or other commercial use,or for commercial seed production,or for research purposes.For use on plants intended for aesthetic purposes or climactic modification and being grown in ornamental gardens or parks,or on golf courses or lawns and grounds. AVOID SPRAY DRIFT CONTACT WITH DESIRABLE LAWN GRASSES,FLOWERS,VEGETABLES,SHRUBS OR TREES.DO NOT CONTACT GREEN BARK OF TREES OR SHRUBS.IF DESIRABLE VEGETATION IS CONTACTED,WASH IMMEDIATELY WITH WATER. Depending on the type of non-crop application,this product may be applied with boom equipment,high-volume spray equipment and hand-held sprayers as described in the respective portions of the"APPLICATION EQUIPMENT and TECHNIQUES"section of the label. Additionally,the product may be applied with recirculating sprayers,shielded applicators,or wiper applicators in any non-crop site specified on this label.See the"Selective Equipment"part of"APPLICATION EQUIPMENT AND TECHNIQUES"section of this label for information on proper use and calibration of this equipment. Small Area Treatment With Hand-held Sprayers Add 2.25 to 4.5 fluid ounces of this product plus 0.5 to 1 fluid ounce of nonionic surfactant to 1 gallon of clean water.Use the low rate for many grasses and annual weeds.Use the higher specified rate for control of perennials and brush.Use pump-up sprayer,backpack sprayer or other sprayer suitable for small areas.Adjust equipment to deliver a coarse spray pattern.USE OF HOSE-END SPRAYERS OR SPRINKLER-TYPE DEVICES MAY NOT BE USED. TANK MIXTURES FOR NON-CROP SITES When applied as a tank mixture,this product provides control of the emerged annual weeds and partial control of the emerged perennial weeds listed in this label.When applied as a tank mixture,the following residual herbicides will provide preemergence control of the weeds listed in the individual product labels. 16 67720-1_book_art.gxp 6/1/15 12:36 PM Page 17 �l— This product PLUS Diuron This product PLUS Krovar®I This product PLUS Princep®,Caliber®90,Simazine 4L,80W or 90DF This product PLUS Surflan®75W,Surflan AS This product PLUS Ronstara50WP This product PLUS Spyder or Spyder Extra This product PLUS ProClipse This product PLUS Polaris AC Complete When tank mixing with residual herbicides,add an nonionic surfactant at 0.5 to 1 percent by volume of spray solution.See the "APPLICATION EQUIPMENT AND TECHNIQUES"section of this label before preparing these tank mixtures. Read and carefully observe the label claims,precautionary statements,specified use rate and all other information on the labels of all products used in these tank mixtures. Use according to the most restrictive label directions for each product in the mixture. CONTROL OF EMERGED WEEDS Note:For backpack sprayer and handgun applications,see the"HAND-HELD AND HIGH VOLUME EQUIPMENT"section for specified rates. Annual Weeds Apply 1.5 pints per acre of this product in these tank mixtures when weeds are less than 6 inches tall and 2.25 pints per acre when weeds are more than 6 inches tall. Perennial Weeds For partial control of perennial weeds using these tank mixtures,apply 1.5 to 7.5 pints per acre of this product.Follow the recommendations in the"WEEDS CONTROLLED"section of this label for stage of growth and rate of application for specific perennial weeds. PREEMERGENCE WEED CONTROL For preemergence weed control,refer to the individual product labels for specific non-crop sites,rates,carrier volumes and precautionary statements. Mix only the quantity of spray solution which can be used during the same day.Do not allow these tank mixtures to stand overnight as this may result in reduced weed control. BROADCAST APPLICATION FOR WEED CONTROL IN CHRISTMAS TREE PLANTATIONS NOTE:IF THIS PRODUCT IS IMPROPERLY APPLIED,IT HAS THE POTENTIAL TO CAUSE SEVERE INJURY TO CHRISTMAS TREES. FOLLOW ALL LABELED DIRECTIONS. This product may be applied as a broadcast spray over established Christmas trees.To prevent drift onto nearby desirable crops or vegetation,ensure that adequate buffers are maintained. The following Christmas tree species are approved for this application: •Douglas Fir(Pseudotsuga menziesir) •Fir species(Abies spp.) •Spruce species(Picea spp.) Do not apply this product until trees have completed at least a full growing season since planting or transplanting. Pre-harvest Interval(PHI):Do not apply within 1 full year prior to tree harvest. In the fall,applications may only be made after the formation of final conifer resting buds.Final resting buds must be in the dormant stage and fully hardened.If applications are made at any other time,unacceptable Christmas tree injury may occur. Avoid spray pattern overlap,as injury may result. Apply 24 fluid ounces of this product per acre in 5 to 30 gallons of water per acre. NOTE:ADDING SURFACTANTS,ADDITIVES CONTAINING SURFACTANTS,OR ANY OTHER ADDITIVES TO THIS PRODUCT MAY RESULT IN SEVERE CHRISTMAS TREE INJURY. In some areas,this product may be used at rates from 24 to 48 fluid ounces per acre.Consult your local Nufarm representative for specific instructions if you require rates that exceed 24 fluid ounces per acre. Do not use drift control additives as they may increase Christmas tree injury.Do not use other herbicides in a tank mix with this product as Christmas trees could be severely injured. SILVICULTURAL SITES AND RIGHTS-OF-WAY NOTE:DO NOT USE AS AN OVER-THE-TOP BROADCAST SPRAY IN SILVICULTURAL NURSERIES. When applied as directed for"NON-CROP USES"under conditions described this product controls undesirable vegetation listed on this label.This product also suppresses or controls undesirable vegetation listed on this label when applied at specified rates for release of established coniferous species listed on this label. For specific rates of application and instructions for control of various brush,annual and perennial weeds,see the"WEEDS CONTROLLED" section of this label. For specific rates of application for release of listed coniferous species,see the"CONIFER RELEASE"part of this section of the label. 17 67720-1_book_art.gxp 6/1/15 12:36 PM Page 18 Where repeat applications are necessary,do not exceed 8 quarts of this product per acre per year. Aerial Application This product may be applied using aerial spray equipment for silvicultural site preparation,conifer release and rights-of-way treatments. See the"APPLICATION EQUIPMENT and TECHNIQUES"part of the"MIXING AND APPLICATION INSTRUCTIONS APPLICATION EQUIPMENT AND TECHNIQUES"section of this label for information on how to apply this product by air. DO NOT APPLY THIS PRODUCT BY AIR TO RIGHTS-OF-WAY SITES IN THE STATE OF CALIFORNIA. For aerial application,do not exceed 8 quarts per acre per year. The maximum aerial application rate is 7-1/2 quarts per application. SITE PREPARATION Following preplant applications of this product,any silvicultural species may be planted. POST DIRECTED SPRAY In established silvicultural sites,use as a spray on the foliage of undesirable vegetation.Care must be exercised to avoid contact of spray,drift or mist with foliage or green bark of desirable species. CONIFER RELEASE For release,apply at the end of the first growing season,except in California.Do not disturb vegetation of target weeds or trees prior to treatment or until visual symptoms appear after treatment.Symptoms of treatment are slow to appear,especially in woody species treated in late Fall.Injury may occur to conifers treated for release,especially where spray patterns overlap or the higher rates are applied or when applications are made during periods of active conifer growth. Applications must be made after formation of final conifer resting buds in the fall or prior to initial bud swelling in spring.Some autumn colors on undesirable deciduous species are acceptable provided no major leaf drop has occurred.Use the following rates for conifer release to control or partially control the weeds listed in the"WEEDS CONTROLLED"section of this label. For release of the following conifer species: Douglas Fir Fir Hemlock Pines' Spruce Pseudotsuga menziesii Abies spp. Tsuga spp. Pinus spp. Picea spp. 'Includes all species except eastern white pine,loblolly pine or slash pine. Apply 2.25 to 3 pints of this product per acre except in Washington and Oregon,west of the crest of the Cascade Mountains.For Spring treatments west of the crest of the Cascade Mountains,apply 1 quart of this product per acre before conifer bud swell for control of annual weeds.For Fall treatments in Washington and Oregon,west of the crest of the Cascade Mountains,apply 1.5 to 2.25 pints of this product per acre before any major leaf drop of deciduous species.Add 10 fluid ounces nonionic surfactant per 2 pints of this product.In Maine, up to 4.5 pints per acre may be used for the control of difficult weeds. Note for Douglas fir release:Ensure that surfactant has been adequately tested for Douglas fir safety and follow manufacturer's specifications for rate of application. For release of Western hemlock,apply 1 quart of this product per acre. For release of the following conifer species: Loblolly Pine Eastern white pine Slash pine Pinus taeda Anus strobus Anus elliottii Late Season Application-Apply 2-1/4 to 3 pints of this product in a minimum of 5 gallons of spray solution per acre during early autumn. Nufarm does not recommend the use of a crop oil concentrate or MSO(methylated seed oil)based surfactant for use in southern conifer species release with this product.The addition of a tested and approved southern conifer release surfactant is recommended. Applications made prior to September 1 or when conditions are conducive to rapid growth of conifers will create the potential for increased injury in the form of tip and/or needle bum.Injury may decrease with later applications.Some autumn colors are acceptable at time of application.Apply prior to frost or leaf drop of undesirable plants. Applications made according to label directions will release loblolly pine,eastern white pine and slash pine by reducing competition from the following species: Ash Hawthorn Oak,Post Poplar,yellow Sumac,Smooth Fraxinus spp. Crataegus spp. Quercus stellata Liriodendron tulip fera Rhus glabra Cherry,Black Locust,Black Oak,Southern Red Sassafras Sumac,Winged Prunus serotina Robinia pseudoacacia Quercus falcata Sassafras aibidum Rhus copallina Cherry,Pin Maple,Red Oak,White Sourwood Sweetgum Prunus pensylvanica Acer rubra Quercus alba Oxydendrum arboreum Liquidambar styraciflua Elm Oak,Black Persimmon Sumac,Poison Ulmus spp. Quercus velutina Diospyros spp. Rhus vemix Apply only to those sites where woody brush and trees listed in this label constitute the majority of the undesirable species. For aerial application,do not exceed 8 quarts per acre per year. The maximum aerial application rate is 7-1/2 quarts per application. 18 67720-1_book_art.gxp 6/1/15 12:36 PM Page 19 THIS PRODUCT PLUS SPYDER TANK MIXTURES FOR CONIFER RELEASE FROM HERBACEOUS WEEDS To release Loblolly pines,Slash,Red pine and Virginia pine from herbaceous weeds,tank mixtures of this product with Spyder will provide control of annual weeds listed in the"WEEDS CONTROLLED"section of this and the Spyder label,and partial control of the perennial weeds listed below. Apply 12 to 18 fluid ounces of this product plus 2 to 4 fluid ounces of Spyder in 10 to 30 gallons of spray solution per acre.Nufarm does not recommend the use of a crop oil concentrate or MSO(methylated seed oil)based surfactant for use in southern conifer species release with this product.The addition of a tested and approved southern conifer release surfactant is recommended.Make application to actively growing weeds as a broadcast spray over the top of the young Loblolly pine,Red pine,Slash pine and Virginia pine. This tank mixture may be applied using aerial equipment.For aerial application,do not exceed 8 quarts of this product(8 lbs.ae glyphosate)per acre per year.The maximum aerial application rate is 7-1/2 quarts per application. When applying by air,use the specified rate in 5 to 15 gallons of spray solution per acre.This product plus Spyder tank mixtures may not be applied by air in California. For control of annual weeds below 12 inches in height(or runner length on annual vines),use the lower rates of both products. Use the higher rates of both products when annual weeds are in more advanced stages of growth and approaching flower or seed formation. Use the higher rates of both products for partial control of the following perennial weeds.Use the lower rates for suppression of growth. Bahiagrass Dock,curly Fescues,tall Poorjoe* Vaseygrass Paspalum notatum Rumex crispus Festuca arundinacea Diodia teres Paspalum urvillei Broomsedge Dogfennel Johnsongrass* Trumpetcreeper" Vervain,blue Andropogon virginicus Eupatorium capilliflorium Sorghum halepense Campsis radicans Verbena hastata 'Control at the higher rates "Suppression at the higher rates only. Pine damage may occur or can be accentuated if treatment takes place when young trees are under stress from drought,flood water, insects or disease,or are in an active growth stage. Read and observe the cautionary statements and all other information appearing on the labels of all herbicides used. Note To User:This product must not be used in areas where adverse impact on federally designated endangered/threatened plant or aquatic species is likely.Prior to making applications,the user of this product must determine that no such species are located in or immediately adjacent to the area to be treated. WILDLIFE HABITAT RESTORATION AND MANAGEMENT AREAS This product is for the restoration and/or maintenance of native habitat and in wildlife management areas. Habitat Restoration and Maintenance When applied as directed,exotic and other undesirable vegetation may be controlled in habitat management areas.Applications may be made to allow recovery of native plant species,to open up water to attract waterfowl,and for similar broad-spectrum vegetation control requirements in habitat management areas.Spot treatments may be made to selectively remove unwanted plants for habitat enhancement.For spot treatments,care must be exercised to keep spray off of desirable plants. Wildlife Food Plots This product may be used as site preparation treatment prior to planting wildlife food plots.Apply as directed to control vegetation in the plot area.Any wildlife food species may be planted after applying this product,or native species may be allowed to re-infest the area.If tillage is needed to prepare a seedbed,wait 7 days after applying this product before tilling to allow for maximum effectiveness. WIPER APPLICATIONS For wick or wiper applications,mix 1 gallon of this product with 2 gallons of clean water to make a 33 percent solution.Addition of a nonionic surfactant at a rate of 10 percent by volume of total herbicide solution is recommended. Wiper applications can be used to control or suppress annual and perennial weeds listed on this label.In heavy weed stands,a double application in opposite directions may improve results.See the"WEEDS CONTROLLED"section in this label for specified timing,growth stage and other instructions for achieving optimum results. CUT STUMP APPLICATION Woody vegetation may be controlled by treating freshly cut stumps of trees and resprouts with this product.Apply this product using suitable equipment to ensure coverage of the entire cambium.Cut vegetation close to the soil surface.Apply a 50 to 100 percent solution of this product to the freshly-cut surface immediately after cutting.Delay in application may result in reduced performance. For best results,make applications during periods of active growth and full leaf expansion. 19 67720-1_book_art.gxp 6/1/15 12:36 PM Page 20 When used according to directions for cut stump application,this product will control,partially control or suppress many types of woody brush and tree species,some of which are listed below: Alder Eucalyptus Maple Reed,Giant Sycamore Alnus spp. Eucalyptus spp. Acer spp. Arundo donax Platanus occidentalis Coyote Brush Hickory Oak Salt cedar Tan Oak Baccharis consanguinea Carya spp. Quercus spp. Tamarix spp. Lithocarpus densiflorus Dogwood Madrone Poplar Sweet gum Willow Comus spp. Arbutus menziesii Populus spp. Liquidambar styraciflua Salix spp. INJECTION AND FRILL APPLICATIONS Woody vegetation may be controlled by injection or frill application of this product.Apply this product using suitable equipment which must penetrate into living tissue.Apply the equivalent of 1 ml of this product per 2 to 3 inches of trunk diameter.This is best achieved by applying 25 to 100 percent concentration of this product either to a continuous frill around the tree or as cuts evenly spaced around the tree below all branches.As tree diameter increases in size,better results are achieved by applying dilute material to a continuous frill or more closely spaced cuttings.Avoid application techniques that allow runoff to occur from frill or cut areas in species that exude sap freely after frills or cutting.In species such as these,make frill or cut at an oblique angle so as to produce a cupping effect and use undiluted material.For best results,make applications during periods of active growth and full leaf expansion. Control Suppression Oak Quercus spp. Black Gum' Nyssa sylvatica Poplar Populus spp. Dogwood Comus spp. Sweetgum Liquidambarstyraciflua Hickory Carya spp. Sycamore Platanus occidentalis Maple,Red Acer rubrum 'This product is not approved for this use on this species in the state of California. INJECTION METHOD FOR CONTROL OF JAPANESE KNOTWEED(Polygonum cuspidatum) &GIANT KNOTWEED(Polygonum polystachyum) DIRECTIONS FOR USE It is a violation of Federal law to use this product in any manner inconsistent with its labeling. This label must be in the possession of the user at the time of application. All applicable directions and precautions in the AquaNeat Herbicide label booklet must be followed. See the"PRODUCT INFORMATION"and"MIXING AND APPLICATION INSTRUCTIONS"sections of this product's label booklet for `I{' essential product performance information. This product may be used for control of Japanese knotweed and giant knotweed using individual stem treatment.Individual knotweed stems may be treated by injecting up to 5 ml of this product,undiluted directly into the hollow stem just below a node.Make a hole suitable for injecting the herbicide through both sides of the stem using an awl or other convenient pointed tool about 6 inches above the ground,just below a node.(Nodes are circular thickenings or scars surrounding the stem where leaves are or were previously attached.)The herbicide is then injected into this hole.Each stem of the knotweed plant must be treated. This product can be injected using any injection device capable of delivering a 5 ml dose.For convenience and accuracy,a hand-operated injection device designed to deliver repeated pre-measured doses from a supply reservoir is recommended. Commercially available dose measuring equipment may be adapted for this purpose.Calibrate the devise to deliver a dose of 5 ml per injection cycle.A sharpened hollow probe for puncturing the stem and delivery of the herbicide can also be integrated into the delivery system. Restriction:Do not apply more than 7.5 quarts of this product per acre.At 5 ml per stem,7.5 quarts is sufficient to treat a maximum of 1,420 stems per acre. RELEASE OF BERMUDAGRASS OR BAHIAGRASS ON NONCROP SITES RELEASE OF DORMANT BERMUDAGRASS AND BAHIAGRASS When applied as directed,this product will provide control or suppression of many winter annual weeds and tall fescue for effective release of dormant bermudagrass or bahiagrass.Make applications to dormant bermudagrass or bahiagrass. For best results on winter annuals,treat when weeds are in an early growth stage(below 6 inches in height)after most have germinated. For best results on tall fescue,treat when fescue is in or beyond the 4-to 6-leaf stage. WEEDS CONTROLLED Rate for control or suppression of winter annuals and tall fescue are listed below. Apply the specified rates of this product in 10 to 25 gallons of water per acre,plus 2 quarts nonionic surfactant per 100 gallons of total spray volume. 20 67720-1_book_art.gxp 6/1/15 12:36 PM Page 21 WEEDS CONTROLLED OR SUPPRESSED* NOTE: C=Control S=Suppression AQUANEAT AQUATIC HERBICIDE(FLUID OZ/ACRE) WEED SPECIES 6 9 12 18 24 48 Barley,little S C C C C C Hordeum pusillum Bedstraw,catchweed S C C C C C Galium aparine Bluegrass,annual S C C C C C Poa annual Chervil S C C C C C Chaerophyllum tainturien Chickweed,common S C C C C C Stellana media Clover,crimson S S C C C Tntolium incamatum Clover,large hop S S C C C Tntolium campestre Speedwell,corn S C C C C C Veronica arvensis Fescue,tall S S Festuca arundinacea Geranium,Carolina S S C C Geranium carolinianum Henbit S C C C C Lamium amplexicaule Ryegrass,Italian S C C C Lolium multillorum Vetch,common S C C C Vicia sativa 'These rates apply only to sites where an established competitive turf is present. RELEASE OF ACTIVELY GROWING BERMUDAGRASS NOTE:USE ONLY ON SITES WHERE BAHIAGRASS OR BERMUDAGRASS ARE DESIRED FOR GROUND COVER AND SOME TEMPORARY INJURY OR YELLOWING OF THE GRASSES CAN BE TOLERATED. When applied as directed,this product will aid in the release of bermudagrass by providing control of annual species listed in the"WEEDS CONTROLLED"section in this label,and suppression or partial control of certain perennial weeds. For control or suppression of those annual species listed in this label,use 3/4 to 2-1/4 pints of this product as a broadcast spray in 10 to 25 gallons of spray solution per acre,plus 2 quarts of a nonionic surfactant per 100 gallons of total spray volume.Use the lower rate when treating annual weeds below 6 inches in height(or length of runner in annual vines).Use the higher rate as size of plants increases or as they approach flower or seedhead formation. Use the higher rate for partial control or longer-term suppression of the following perennial species.Use lower rates for shorter-term suppression of growth. Bahiagrass Johnsongrass" Dallisgrass Trumpetcreeper' Fescue(tall)Vaseygrass 'Suppression at the higher rate only. "Johnsongrass is controlled at the higher rate. Use only on well-established bermudagrass.Bennudagrass injury may result from the treatment but regrowth will occur under moist conditions.Do not make repeat applications in the same season,since severe injury may result. BAHIAGRASS SEEDHEAD AND VEGETATIVE SUPPRESSION When applied as directed in the"NONCROP SITES"section in this label,this product will provide significant inhibition of seedhead emergence and will suppress vegetative growth for a period of approximately 45 days with single applications and approximately 120 days with sequential applications. Apply this product 1 to 2 weeks after full green-up of bahiagrass or after the bahiagrass has been mowed to a uniform height of 3 to 4 inches.Applications must be made prior to seedhead emergence.Apply 5 fluid ounces per acre of this product,plus 2 quarts of an approved nonionic surfactant per 100 gallons of total spray volume in 10 to 25 gallons of water per acre. 21 67720-1_book_art.gxp 6/1/15 12:36 PM Page 22 Sequential applications of this product plus nonionic surfactant may be made at approximately 45-day intervals to extend the period of seedhead and vegetative growth suppression.For continued vegetative growth suppression,sequential applications must be made prior to seedhead emergence. Apply no more than 2 sequential applications per year.As a first sequential application,apply 3 fluid ounces of this product per acre plus nonionic surfactant.A second sequential application of 2 to 3 fluid ounces per acre plus nonionic surfactant may be made approximately 45 days after the last application. ANNUAL GRASS GROWTH SUPPRESSION For growth suppression of some annual grasses,such as annual ryegrass,wild barley and wild oats growing in coarse turf on roadsides or other industrial areas,apply 3 to 4 ounces of this product in 10 to 40 gallons of spray solution per acre.Mix 2 quarts of a nonionic surfactant per 100 gallons of spray solution.Make application when annual grasses are actively growing and before the seedheads are in the boot stage of development.Treatments made after seedhead emergence may cause injury to the desired grasses. AQUATIC SITES When applied as directed and under the conditions described in the"WEEDS CONTROLLED"section in this label,this product will control or partially control the labeled weeds growing in aquatic sites. Aquatic Sites-This product may be applied to emerged weeds in all bodies of fresh and brackish water which may be flowing,non- flowing or transient.This includes lakes,rivers,streams,ponds,estuaries,rice levees,seeps,irrigation and drainage ditches,canals, reservoirs,wastewater treatment facilities,wildlife habitat restoration and management areas,and similar sites. Wetland Sites-This product may be used in and around water(aquatic areas)and wetlands found in forestry and in power,telephone and pipeline rights-of-way sites including where these sites are adjacent to or surrounding domestic water supply reservoirs,supply streams,lakes and ponds.Read and observe the following before making applications in and around water. If aquatic sites are present in the noncrop area and are part of the intended treatment,read and observe the following directions: This product does not control plants which are completely submerged or have a majority of their foliage under water. There is no restriction on the use of treated water for irrigation,recreation or domestic purposes. Consult local state fish and game agency and water control authorities before applying this product in,around and to public water. Permits may be required to treat such water. Do not spray open bodies of water where woody brush,trees and herbaceous weeds do not exist.The maximum application rate of ��I11J1 3.75 quarts per acre must not be exceeded in a single over-water broadcast application except as follows,where any specified rate may be applied: •Stream crossings in utility right-of-way. •Where applications will result in less than 20 percent of the total water area being treated. Restrictions:Do not apply this product directly to water within 1/2 mile up-stream of an active potable water intake in flowing water (i.e.,river,stream,etc.)or within 1/2 mile of an active potable water intake in a standing body of water such as lake,pond or reservoir. To make aquatic applications around and within 1/2 mile of active potable water intakes,the water intake must be turned off for a minimum period of 48 hours after the application.The water intake may be turned on prior to 48 hours if the glyphosate level in the intake water is below 0.7 parts per million as determined by laboratory analysis.These aquatic applications may be made ONLY in those cases where there are alternative water sources or holding ponds which would permit the turning off of an active potable water intake for a minimum period of 48 hours after the applications.This restriction does not apply to intermittent inadvertent overspray of water in terrestrial use sites. For treatments after drawdown of water or in dry ditches,allow 7 or more days after treatment before reintroduction of water to achieve maximum weed control.Apply this product within 1 day after drawdown to ensure application to actively growing weeds.Floating Mats of vegetation may require retreatment.Avoid wash-off of sprayed foliage by spray boat or recreational boat backwash or by rainfall within 6 hours of application.Do not re-treat within 24 hours following the initial treatment. Applications made to moving bodies of water must be made while traveling upstream to prevent concentration of this herbicide in water. When making any bankside applications,do not overlap more than 1 foot into open water.Do not spray in bodies of water where weeds do not exist. Maximum Application Rate:Do not exceed 8 quarts per acre per year.The maximum application rate of 7-1/2 quarts per acre must not be exceeded in any single ground broadcast application or aerial broadcast application that is being made over water. When emerged infestations require treatment of the total surface area of impounded water,treating the area in strips may avoid oxygen depletion due to decaying vegetation.Oxygen depletion may result in fish kill. 22 67720-1_book_art.gxp 6/1/15 12:36 PM Page 23 STORAGE AND DISPOSAL Do not contaminate water,food or feed by storage or disposal. PESTICIDE STORAGE:Do not store below 32°F or above 100°F.Store in original container in a well-ventilated area separately from fertilizer,feed,and food stuffs.Avoid cross-contamination with other pesticides. PESTICIDE DISPOSAL:Pesticide wastes are toxic.Wastes resulting from this product may be disposed of on site or at an approved waste disposal facility.Improper disposal of excess pesticide,spray mix,or rinsate is a violation of federal law.If these wastes cannot be disposed of according to label instructions,contact the state agency responsible for pesticide regulation or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. CONTAINER HANDLING: NOTE: This product is available in multiple containers. Refer to the Net Contents section of this products labeling for the applicable "Nonrefillable"or"Refillable"designation. Follow the container handling instructions below that apply to your container type/size. Nonrefillable Containers 5 Gallons or Less:Nonrefillable container.Do not reuse or refill this container.Triple rinse container(or equivalent)promptly after emptying.Triple rinse 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 1/4 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 disposal.Drain for 10 seconds after the flow begins to drip.Repeat this procedure two more times.Then offer for recycling or reconditioning,or puncture and dispose of in a sanitary landfill, or by other procedures approved by State and local authorities.Plastic containers are also disposable by incineration,or,if allowed by State and local authorities,by burning.If burned stay out of smoke Nonrefillable containers larger than 5 gallons:Nonrefillable container.Do not reuse or refill this container.Offer for recycling if available.Triple rinse or pressure rinse container(or equivalent)promptly after emptying.Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank.Fill the container 1/4 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 a 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 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. Refillable containers larger than 5 gallons:Refillable container.Refill this container with pesticide only.Do not reuse this container for any other purpose.Cleaning the container before final disposal is the responsibility of the person disposing of the container.Cleaning before refilling is the responsibility of the refiller.To clean the container before final disposal,empty the remaining contents from this container into application equipment or a mix tank.Fill the container about 10%full with water and,if possible,spray all sides while adding water.If practical,agitate vigorously or recirculate water with the pump for two minutes.Pour or pump rinsate into application equipment or rinsate collection system.Repeat this rinsing procedure two more times. 23 67720-1_book_art.gxp 6/1/15 12:36 PM Page 24 (! WARRANTY DISCLAIMER The directions for use of this product must be followed carefully.TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,(1)THE GOODS DELIVERED TO YOU ARE FURNISHED"AS IS"BY MANUFACTURER OR SELLER AND(2)MANUFACTURER AND SELLER MAKE NO WARRANTIES,GUARANTEES,OR REPRESENTATIONS OF ANY KIND TO BUYER OR USER,EITHER EXPRESS OR IMPLIED,OR BY USAGE OF TRADE,STATUTORY OR OTHERWISE,WITH REGARD TO THE PRODUCT SOLD,INCLUDING,BUT NOT UMITED TO MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,USE,OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE.UNINTENDED CONSEQUENCES,INCLUDING BUT NOT UMITED TO INEFFECTIVENESS,MAY RESULT BECAUSE OF SUCH FACTORS AS THE PRESENCE OR ABSENCE OF OTHER MATERIALS USED IN COMBINATION WITH THE GOODS,OR THE MANNER OF USE OR APPLICATION,INCLUDING WEATHER,ALL OF WHICH ARE BEYOND THE CONTROL OF MANUFACTURER OR SELLER AND ASSUMED BY BUYER OR USER.THIS WRITING CONTAINS ALL OF THE REPRESENTATIONS AND AGREEMENTS BETWEEN BUYER,MANUFACTURER AND SELLER,AND NO PERSON OR AGENT OF MANUFACTURER OR SELLER HAS ANY AUTHORITY TO MAKE ANY REPRESENTATION OR WARRANTY OR AGREEMENT RELATING IN ANY WAY TO THESE GOODS. LIMITATION OF LIABILITY TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,IN NO EVENT SHALL MANUFACTURER OR SELLER BE LIABLE FOR SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES,OR FOR DAMAGES IN THEIR NATURE OF PENALTIES RELATING TO THE GOODS SOLD,INCLUDING USE,APPLICATION,HANDLING,AND DISPOSAL.TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, MANUFACTURER OR SELLER SHALL NOT BE LIABLE TO BUYER OR USER BY WAY OF INDEMNIFICATION TO BUYER OR TO CUSTOMERS OF BUYER,IF ANY,OR FOR ANY DAMAGES OR SUMS OF MONEY,CLAIMS OR DEMANDS WHATSOEVER,RESULTING FROM OR BY REASON OF,OR RISING OUT OF THE MISUSE,OR FAILURE TO FOLLOW LABEL WARNINGS OR INSTRUCTIONS FOR USE,OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER.ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER, USER,OR ITS CUSTOMERS.TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,BUYER'S OR USER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S OR SELLER'S TOTAL LIABILITY SHALL BE FOR DAMAGES NOT EXCEEDING THE COST OF THE PRODUCT. If you do not agree with or do not accept any of the directions for use,the warranty disclaimers,or limitations on liability,do not use the product,and return it unopened to the Seller,and the purchase price will be refunded. (RV051215) AquaNeat is a registered trademark of Nufarm,Inc. 24 67721-1_base_art.qxp 6/1/15 12:53 PM Page 1 AquaNeat° GROUP 0 HERBICIDE Aquatic Herbicide FOR USE ON EMERGED AQUATIC WEEDS AND BRUSH IN AQUATIC SITES.FOR USE IN FORESTRY(INCLUDING WEED CONTROL a IN CHRISTMAS TREE PLANTATIONS),PASTURES,RANGELANDS,RIGHTS-OF-WAY,HABITAT RESTORATION AREAS,NON-CROP a AND OTHER LISTED APPLICATION SITES. F ACTIVE INGREDIENT: cc Glyphosate,N-(phosphonomethyl)glycine,in the form of its isopropylamine salt* 53.8% OTHER INGREDIENTS. 46.2% TOTAL. 100.0% j 'Contains 648 grams per litre or 5.4 pounds per U.S.gallon of the active ingredient,glyphosate,in the form of its isopropylamine salt. a. Equivalent to 480 grams per litre or 4 pounds per U.S.gallon of the acid,glyphosate. KEEP OUT OF REACH OF CHILDREN CAUTION / PRECAUCION Si usted no entiende la etiqueta,busque a alguien para que se la explique a usted en detalle. (If you do not understand the label,find someone to explain it to you in detail.) SEE ATTACHED BOOKLET FOR COMPLETE PRECAUTIONARY STATEMENTS AND DIRECTIONS FOR USE For Chemical Spill,Leak,Fire,or Exposure,Call CHEMTREC(800)424-9300 For Medical Emergencies Only,Call(877)325-1840 PRECAUTIONARY STATEMENTS STORAGE AND DISPOSAL(continued) HAZARDS TO HUMANS AND DOMESTIC ANIMALS CONTAINER HANDLING:NOTE:This product is available in multiple containers. CAUTION/PRECAUCION Refer to the Net Contents section of this products labeling for the applicable Harmful if inhaled.Avoid breathing spray mist.Remove contaminated clothing and "Nonrefillable"or"Refillable"designation.Follow the container handling instructions wash clothing before reuse.Wash thoroughly with soap and water after handling. below that apply to your container type/size. Nonrefillable Containers 5 Gallons or Less:Nonrefillable container.Do not reuse FIRST AID or refill this container.Triple rinse container(or equivalent)promptly after emptying. IF INHALED •Move person to fresh air. Triple rinse as follows:Empty the remaining contents into application equipment •Ifperson is not breathing,call 911 or an ambulance,then or a mix tank and drain for 10 seconds after the flow begins to drip.Fill the give artificial respiration,preferably by mouth-to-mouth, container 1/4 full with water and recap.Shake for 10 seconds.Pour rinsate into application equipment or a mix tank or store haute for later use or disposal.Drain if possible. for 10 seconds after the flow begins to drip.Repeat this procedure two more times. •Call a poison control center or doctor for further Then offer for recycling or reconditioning,or puncture and dispose of in a sanitary treatment advice. landfill,or by other procedures approved by State and local authorities.Plastic HOT LINE NUMBER containers are also disposable by incineration,or,if allowed by State and local authorities,by burning.if burned stay out of smoke Have the product container or label with you when calling a poison control center Nonrefillable containers larger than 5 gallons:Nonrefillable container.Do not or doctor,or going for treatment.You may also contact 1-877-325-1840 for reuse or refill this container.Offer for recycling if available.Triple rinse or pressure emergency medical treatment information. rinse container(or equivalent)promptly after emptying.Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank.Fill the STORAGE AND DISPOSAL container 1/4 full with water.Replace and tighten closures.Tip container on its side and roll it back and forth,ensuing at least one complete revolution,for 30 Do not contaminate water,food or feed by storage or disposal. seconds.Stand the container on its end and tip it back and forth several times. PESTICIDE STORAGE:Do not store below 32°F or above 100°F.Store in original Turn the container over onto its other end and tip it back and forth several times. container in a well-ventilated area separately from fertilizer,feed,and food stuffs. Empty the rinsate into application equipment or a mix tank or store rinsate for later Avoid cross-contamination with other use or disposal.Repeat this procedure two more times.Pressure rinse as follows: pesticides. Empty the remaining contents into application equipment or a mix tank and PESTICIDE DISPOSAL Pesticide wastes are toxic.Wastes resulting from this continue to drain for 10 seconds after the flow begins to drip.Hold container product may be disposed of on site or at an approved waste disposal facility. upside down over application equipment or mix tank and continue to drain for 10 Improper disposal of excess pesticide,spray mix,or rinsate is a violation of federal seconds after the flow begins to drip.Hold container upside down over application law.if these wastes cannot be disposed of according to label instructions,contact equipment or mix tank or collect rinsate for later use or disposal.Insert pressure the state agency responsible for pesticide regulation or the Hazardous Waste rinsing nozzle in the side of the container,and rinse at about 40 psi for at least 30 representative at the nearest EPA Regional Office for guidance. seconds.Drain for 10 seconds after the flow begins to drip. Refillable containers larger than 5 gallons:Refillable container.Refill this (continued) container with pesticide only.Do not reuse this container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container.Cleaning before refilling is the responsibility of the refiller.To clean the container before final disposal,empty the remaining contents from this container into application equipment or a mix tank.Fill the container about EPA Reg.No.228-365 Manufactured for 10%full with water and,if possible,spray all sides while adding water.If practical, N EPA Est.No.228-IL-001 Nufarm Americas Inc. agitate vigorously or recirculate water with the pump for two minutes.Pour or nA 11901 S.Austin Avenue pump rinsate into application equipment or rinsate collection system.Repeat this Alsip,IL 60803 rinsing procedure two more times. Q file:67721-1 base art created by:03-27-15 jw folder:67721-1_Nufarm 14501000[3] alt:06-01-15 jw color:black size:6.375"(w)x 6.5"(h) ❑dp proofed • n? icNATIONAL PESTICIDE INFORMATION CENTER • 1.800.858.7378 npic@oregonstate.edu Call, email, or chat Mon-Fri QO(DXAtoZ Search... Triclopyr General Fact Sheet • What is triclopyr? • What are some products that contain triclopyr? • How does triclopyr work? • How might I be exposed to triclopyr? • What are some signs and symptoms from a brief exposure to triclopyr? • What happens to triclopyr when it enters the body? • Is triclopyr likely to contribute to the development of cancer? • Has anyone studied non-cancer effects from long-term exposure to triclopyr? • Are children more sensitive to triclopyr than adults? • What happens to triclopyr in the environment? • Can triclopyr affect birds, fish, and other wildlife? What is triclopyr? Triclopyr is a human-made herbicide used to control both broadleaf and woody plants. It was first registered in 1979 for use in forestry and it is used in both agricultural and non-agricultural settings. Certain products may have limited use for campsites, roadside applications, and some ornamental lawns. pr, Always read the label for your product's use sites and instructions.. • Broadleaf weeds often controlled with triclopyr include nettles, docks, brambles, and 16 woody plants. Triclopyr is a selective . herbicide, meaning it only controls certain ji*S. types of plants. Grasses tend to be less sensitive to triclopyr than other weeds.2 What are some products that contain triclopyr? There are over 200 products containing triclopyr.3 Many of these products have other active ingredients in addition to triclopyr. Products may be ready-to-use, concentrated liquids, granules, or mixable powders. Products with triclopyr can be applied aerially or by ground application. They may be applied on tree bark, injected into tree trunks or soil, or sprayed on plant leaves.4 Products with triclopyr may have acid, salt, or ester forms. These forms tend to behave similarly in terms of toxicity and their movement in the environment.5'6 Triclopyr is commonly used on pastures and rice. It is also commonly used for turf, landscaping, and lawn care.1 One type of triclopyr (a salt form) can be used on aquatic weeds. Triclopyr is not allowed for use in certified organic production.8 How does triclopyr work? Triclopyr is a systemic herbicide. It affects actively growing plants by mimicking a specific type of plant growth hormone, known as an auxin.9 Plants rapidly take in triclopyr through leaves and roots. It causes uncontrolled plant growth and plant death.4 After absorbing the herbicide, plants die slowly (within weeks).10 How might I be exposed to triclopyr? If you are in an area during or shortly after application, you could contact it, breathe it in, or get it in your eyes. Most triclopyr incidents that were reported to the US Environmental Protection Agency (EPA) from 2000 to 2014 involved homeowners who were mixing or applying products.11 While accidents can happen, following label instructions and taking steps to minimize exposure can help reduce risks. If any exposures occur, be sure to follow the First Aid instructions on the product label carefully. For additional treatment advice, contact the Poison Control Center at 800-222-1222. If you wish to discuss a pesticide problem, please call 800-858-7378. What are some signs and symptoms from a brief exposure to triclopyr? The salt form of triclopyr can cause permanent eye damage. The ester form of triclopyr may cause eye irritation. All forms of triclopyr were low in toxicity on the skin. Rabbits had some skin irritation when exposed to triclopyr for 24 hours. The salt and ester forms are dermal sensitizers, meaning after multiple exposures there could be signs of allergic reactions. Triclopyr is low in toxicity if inhaled. Rats that inhaled moderate doses for four hours had teary eyes and salivation. If eaten, triclopyr is low in toxicity. Rats showed signs of lethargy, teary eyes, and shallow breathing after eating large doses of triclopyr. What happens to triclopyr when it enters the body? Triclopyr is not absorbed well through the skin. A study with rabbits measured that 1.5% of a dose was absorbed through skin. In a study with human skin, it was estimated that less than 2% of the dose was absorbed.5 Triclopyr residues were measured in fat, ovaries, livers, and kidneys of rats that had eaten triclopyr.5'12 The EPA sets tolerances, which are legal limits for the amount of triclopyr that can be in milk and other animal products.13 Triclopyr mainly leaves the body in urine.5 Within 24 hours, 93-94% of a single dose eaten by rats was excreted.12 Is triclopyr likely to contribute to the development of cancer? More studies may be needed to determine if triclopyr exposures could be linked to human cancer risks. The EPA has determined triclopyr is "unable to be classified as to human carcinogenicity."5 There is only weak evidence for breast cancer in female rats and kidney tumors in male rats.57 Tests show triclopyr is unlikely to damage genetic material.5 Has anyone studied non-cancer effects from long-term exposure to triclopyr? Triclopyr is moderate in toxicity over long-term ingestion exposures. Rats fed moderate doses of triclopyr for 90 days had changes in their kidneys. Parts of kidneys that filter salts and vitamins from the blood were affected. Dogs fed moderate doses for a year had changes in their blood, liver function, weight gain, and kidney weights.5 Studies show that dogs were more sensitive to triclopyr than rats when fed triclopyr over longer periods of time. Results of one study suggest that it may be more difficult for dogs to excrete triclopyr compared to other animals.14 Always take steps to minimize your pets' exposure when using pesticides. Triclopyr is low to moderate in developmental toxicity and moderate in reproductive toxicity. When moderate doses of triclopyr were fed to pregnant rabbits everyday for 13 days, some pregnancies were lost and there were changes in fetal skeletal growth. Similar effects were seen when high doses were fed to pregnant rats for 10 days.5 In another study, two generations of male and female rats were fed triclopyr daily for 10 to 12 weeks before mating. There were fewer offspring and more lost pregnancies in both generations.5 The EPA has not tested triclopyr for endocrine disruption potential.15 Are children more sensitive to triclopyr than adults? There is no evidence to suggest that children are more sensitive to triclopyr than adults.5 However, young children may act in ways that put them at greater risk of being exposed. For example, they may spend more time near the floor or ground. They may also be more likely to place their hands in their mouths after touching treated surfaces. Take steps to keep children away from pesticides. What happens to triclopyr in the environment? Ester and salt forms of triclopyr rapidly turn into the triclopyr acid form in the environment. Most triclopyr is soluble in water, meaning it dissolves easily. However, the ester form is less soluble. Triclopyr has a low vapor pressure, meaning it is not likely to release fumes into the environment.5 Triclopyr in water breaks down faster with light. The half-life of triclopyr in water with light is around 1 day. ' Without light, it is stable in water with a half-life of 142 days.' Triclopyr breaks down relatively quickly in soils. It is mainly broken down by microbes. The soil half-life ranges from 8 to 46 days.5'10 In deeper soils with less oxygen, the half-life is longer.5 Triclopyr is mobile in soils.2'5 However, movement studies show that triclopyr was not measured in soils deeper than 15 to 90 centimeters (about 6 to 35 inches).45 Its movement in soil is affected by the amount of compost and rain, among other factors.''' Use NPIC's Herbicide Properties Tool (HPT) to find out how triclopyr can move in the environment. As a systemic herbicide, triclopyr is absorbed through plant leaves and roots. It tends to accumulate in the growing points in a plant. The half-life in plants can vary widely with the type of plant. Barley and wheat plants broke down 85% of triclopyr within 3 days of application.1' The half-life in grass was between 5 and 20 days.16 The half-life in plants ranges from 3 to 24 days. Can triclopyr affect birds, fish, or other wildlife? Triclopyr is practically non-toxic to slightly toxic to birds.5 Long-term exposures to birds (acid form) may affect eggshell thickness.4 While the salt form is practically non-toxic to slightly toxic to shellfish, the ester form is moderately to highly toxic.5 All forms of triclopyr can be toxic to algae.4 For fish, the acid and salt forms are practically non-toxic, but the ester form is moderately to highly toxic.5 The ester form can bioaccumulate (build up) in fish.4 However, the ester form rapidly degrades to the acid form in the environment and fish are not likely to contact large amounts of the pesticide. A breakdown product of triclopyr called TCP* is slightly to moderately toxic to fish and shellfish.4,5 For water fleas, the acid and salt forms are practically non-toxic, but the ester form is slightly to moderately toxic.5 Triclopyr is practically non-toxic to bees4-5 Data is not currently available on the long-term toxicity of triclopyr to bees.4 Changes in vegetation, rather than toxicity of triclopyr itself, may affect populations of beetles, butterflies, and spiders. *TCP: trichloropyridinol Where can I get more information? For more detailed information about triclopyr please visit the list of referenced resources or call the National Pesticide Information Center, Monday - Friday, at 1-800-858-7378 or visit us on the web at npic.orst.edu. NPIC provides objective, science-based answers to questions about pesticides. Date Reviewed: May 2018 Please cite as: Strid, A.; Hanson, W.; Cross, A.; Jenkins, J. 2018. Triclopyr General Fact Sheet; National Pesticide Information Center, Oregon State University Extension Services. http://npic.orst.edu/ factsheets/triclopyrgen.html. NPIC fact sheets are designed to answer questions that are commonly asked by the general public about pesticides that are regulated by the U.S. Environmental Protection Agency (US EPA). This document is intended to be educational in nature and helpful to consumers for making decisions about pesticide use. Oregon State University Related Topics: • Triclopyr Overview • PDF Version What are pests? • Learn about a pest • Identify a pest • Control a pest • Integrated Pest Management What are pesticides? • Herbicides • Disinfectants • Fungicides • Insecticides • Natural and Biological Pesticides • Repellents • Rodenticides • Other types of pesticides Please read our disclaimer I Contact us I About NPIC I En espanol NPIC provides objective, science-based information about pesticides and pesticide- related topics to enable people to make informed decisions. NPIC is a cooperative agreement between Oregon State University and the U.S. Environmental Protection Agency (cooperative agreement #X8-84067801). The information in this publication does not in any way replace or supersede the restrictions, precautions, directions, or other information on the pesticide label or any other regulatory requirements, nor does it necessarily reflect the position of the U.S. EPA. Exhibit D Scope of Work Grantee may access and use the Properties identified at Exhibit A for the purpose of conducting stewardship activities along the Dosewallips River between Lazy C I and Dosewallips State Park. Stewardship activities include limbing and thinning of previously planted riparian trees, underplanting of previously planted sites, and treatment of invasive riverside weeds such as butterfly bush, Himalayan blackberry, and Herb Robert as part of an RCO-funded East Jefferson County Riparian Stewardship habitat restoration project, RCO #24-1092 (see Exhibit B). The purpose of limbing and thinning is to allow more light into the understory, which is currently very shaded, to encourage the establishment of native understory riparian species that are recruited to the site naturally and planted by the WCC crew. The goal of these actions is to increase diversity of the planted buffer,providing more benefits to birds,insects,mammals, amphibians, and reptiles that frequently utilize riparian spaces. Underplanting will focus on establishment of native riparian understory species such as osoberry, snowberry, salmonberry, red osier dogwood, and Nootka rose. Plants will be bareroot stock and planted on 3-4' centers in holes 10-12" deep. Treatment of invasive weeds will be done under supervision of licensed herbicide applicators and will utilize Aquaneat and Triclopyr (see Exhibit C) which are both approved for aquatic application or application near waterways. For butterfly bush, application of herbicide will primarily be via foliar spraying with cut-stumping (i.e. sawing trunks flush to the ground and dabbing stump with herbicide) employed on trunks larger than 1.5 inches in diameter. For Himalayan blackberry, foliar spraying will be employed. When practical, Herb Robert will be removed mechanically (pulled). Treatment and removal of invasive weeds will allow spaces currently occupied by them to be reclaimed by native riparian tree and shrub species. When weeds such as butterfly bush colonize streamside areas and gravel bars, it tends to grow so densely that it inhibits establishment of native species like alder, cottonwood, and willow. These native species provide vital shade and erosion control. Additionally, when mature,native trees are important sources of large wood when they fall into the river to create complex habitats that are vital to both juvenile and returning adult salmon. Exotic weeds are inferior in comparison to native species at providing these benefits, primarily due to their short stature and tendency to dominate the landscape. Exhibit D