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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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