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,. ~ :; :~ j ., ;~ I . ",'1 "I" o --.I c..n o (CC) Wetlands are those areas that are inundated or saturated by surfa~e or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Within the Reservation boundaries, the U.S. Army Corps of Engineers criteria shall be used for delineating wetlands. ');'c. :", IV ANTIDEG~ATION POLICY (A) Antideqradation Rule The southern Ute antidegradation policy is based on the three tiered Fedeiral antidegradation policy found in 40 CFR 131.12 and applies to 'all Reservation surface waters: (1) Tier 1- Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. (2) Tier 2 - Where the quality of the waters exceed levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the Tribe finds, after ~PPropriate intergovernmental coordination and public participation, that allowing lower water quality is necessary to accqmmodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the Tribe shall assure water quality adequate to protect existing uses fully. Further, the Tribe shall assure that there shall be achieved the hi4hest statutory and regulatory requirements for all new and existing point sources. The Tribe will encourage all cost-effective and reasonable best management practices for nonpoirit source water pollution control. (3) Tier 3- Where high quality waters constitute an Outstanding National Resource, such as waters of ecological, recreational, or cultural significance, that water quality shall be maintained and protected. (4) In those cases where potential water quality impairment associated with a thermal discharge is involved, the anti degradation policy and implementing method shall be consiscent with Section 316 of the Federal Clean Water Act. ., 1 ';F " ; i i1 1 .1 '-'-,'1 - 1 '1 , . i - :~ 5 .. L '0.