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(3)__The project creates an impoundment that is subject | to water level fluctuations that have an effect on the | habitat and aquatic life in the littoral zone so that the | habitat and aquatic life differ significantly from that | found in an unimpounded great pond; and |
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| (4)__The existing impounded waters are able to support | all species of fish indigenous to those waters and the | structure and function of the resident biological | community in the impounded waters is maintained. |
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| B.__For the purposes of water quality certification under | the Federal Water Pollution Control Act, Public Law 92-500, | Section 401, as amended, and licensing of modifications | under section 636, Ragged Lake, located in the Penobscot | River, West Branch drainage, is deemed to have met the | habitat characteristics and aquatic life criteria in the | existing impoundment if that habitat and aquatic life | satisfy the aquatic life criteria contained in section 465, | subsection 4, paragraph C, except that habitat and aquatic | life in the portions of the water body affected by annual | drawdowns of up to 20 feet may reflect the effects of such | drawdowns, based on a use attainability analysis conducted | by the board pursuant to subsection 2-A. |
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| C.__For the purposes of water quality certification under | the Federal Water Pollution Control Act, Public Law 92-500, | Section 401, as amended, and licensing of modifications | under section 636, Seboomook Lake, located in the Penobscot | River, West Branch drainage, is deemed to have met the | habitat characteristics and aquatic life criteria in the | existing impoundment if that habitat and aquatic life | satisfy the aquatic life criteria contained in section 465, | subsection 4, paragraph C, except that habitat and aquatic | life in the portions of the water body affected by annual | drawdowns of up to 17 feet may reflect the effects of such | drawdowns, based on a use attainability analysis conducted | by the board pursuant to subsection 2-A. |
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| D.__Other than those described in paragraphs A, B and C, all | hydropower projects with impoundments in existence on June | 30, 1992 that remain classified under section 465-A after | June 30, 1992 and that do not attain the habitat and aquatic | life criteria of that section must, at a minimum, satisfy | the aquatic life criteria contained in section 465, | subsection 4, paragraph C. |
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| E.__When the actual water quality of the impounded waters attains | any more stringent characteristic or criteria of |
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