LD 1497
pg. 2
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LR 587
Item 1

 
(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

 
(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.

 
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.

 
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.

 
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.

 
E.__When the actual water quality of the impounded waters attains
any more stringent characteristic or criteria of


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