Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-2 - Definitions

Current through 2024-29, July 17, 2024
A.
Natural drought condition.
"Natural drought condition" means moisture conditions as measured by the Palmer
				Drought Severity Index with values of negative 2.0 or less.
B.
Natural variation of flow.
"Natural variation of flow" in rivers and streams is the expected dynamic
				fluctuation in flow that naturally occurs daily, seasonally and inter-annually
				that provides for physical characteristics of depth, volume, and velocity
				necessary to (1) provide habitat conditions for all life stages of indigenous
				aquatic organisms, (2) provide water exchange and aeration including the
				interstitial water, substrate scouring and sorting, temperature moderation,
				wetland replenishment, sediment erosion and deposition, and channel formation,
				and (3) maintain biological processes of ingress and egress to habitats,
				migration, drift, insect emergence, organic matter and nutrient cycling, and
				wetlands maintenance. In establishing site-specific water flows as set forth in
				sections 7 and 8 of this chapter, flow variation of a magnitude, rate of
				change, seasonal timing, and annual occurrence, including provision for
				infrequent passage or release of flood flows, must be sufficient to adequately
				provide for the conditions and processes identified above.
C.
Natural variation of water level.
"Natural variation of water level" in lakes and ponds is the expected
				dynamic fluctuation in water level that occurs seasonally and inter-annually
				that provides for physical characteristics of depth and volume necessary to (1)
				provide habitat conditions for all life stages of indigenous aquatic organisms,
				(2) provide water levels sufficient to support important physical processes
				including thermal stratification, temperature moderation, wetland
				replenishment, sediment erosion and deposition, (3) maintain biological
				processes of ingress and egress to habitats, maintenance of primary production,
				migration and movement of organisms, organic matter and nutrient cycling, and
				wetlands maintenance. In establishing site-specific water levels as set forth
				in sections 7 and 8 of this chapter
,
variation of a magnitude,
				rate of change, seasonal timing, and annual occurrence, including provision for
				infrequent flood levels, must be sufficient to adequately provide for the
				conditions and processes identified above.
D.
Normal high water.
"Normal
				high water " means that elevation determined from a line along the shore of a
				Class GPA waterbody which is apparent from visible markings, changes in the
				character of soils due to prolonged action of the water, or from changes in
				vegetation and which distinguishes between predominantly aquatic and
				predominantly terrestrial habitat.
E.
Seasonal aquatic base flow.
"Seasonal aquatic base flow" is a median flow value for the following seasons:
				winter (January 1 to March 15), spring (March 16 to May 15), early summer (May
				16 to June 30), summer (July 1 to September 15), fall (September 16 to November
				15), and early winter (November 16 to December 31). Seasonal aquatic base flows
				are established as follows.
(1) For the
				winter season January 1 to March 15: a flow equal to the February median
				monthly flow as determined according to section 3 of this chapter.
(2) For the spring season March 16 to May 15:
				a flow equal to the April median monthly flow as determined according to
				section 3 of this chapter.
(3) For
				the early summer season May 16 to June 30: a flow equal to the June median
				monthly flow as determined according to section 3 of this chapter.
(4) For the summer season July 1 to September
				15: a flow equal to the August median monthly flow as determined according to
				section 3 of this chapter.
(5) For
				the fall season September 16 to November 15: a flow equal to the October median
				monthly flow as determined according to section 3 of this chapter.
(6) For the early winter season November 16
				to December 31: a flow equal to the December median monthly flow as determined
				according to section 3 of this chapter.