As used in this article, the following terms
shall have the meanings indicated:
CUMULATIVE IMPACTS
Attributable to the proposed activity which may occur, based
upon past or reasonably anticipated impacts on wetland functional
values of similar activities in the affected area.
MITIGATION PROJECT
The restoration, enhancement or creation of wetlands to compensate
for adverse impacts to other wetlands. "Mitigation project" includes
using credits from a wetland mitigation bank.
PRACTICABLE ALTERATIVES
Available and capable of being implemented after taking into
consideration cost, available technology and logistics in the light
of overall project purposes.
WETLAND MITIGATION BANK
A system of accounting for wetland loss and compensation
that includes one or more sites where wetlands are restored, enhanced
or created to provide transferable credits to be subsequently applied
to compensate for adverse impacts to other wetlands.
The purpose of this article is to establish
water quality standards to protect, preserve, restore, and enhance
the quality of waters in wetlands and other waters of the Reservation
influenced by wetlands. These standards are intended to protect tribal
rights and interest, public health and welfare and the present and
prospective uses of wetlands, including designated, existing, and
other beneficial uses. Conditions necessary to protect water-quality-related
functions and values of wetlands are set forth in this article. Wetland
water quality standards serve as a basis for developing and implementing
strategies to achieve the purposes of this chapter and also serve
as a basis for decisions in regulatory, permitting, or planning activities
that impact water quality and impact wetlands.
Natural hydrological and hydraulic conditions
necessary to support the biological, chemical, and physical characteristics
naturally present in wetlands, including wild rice beds, shall be
maintained, preserved, restored, and protected to prevent significant
adverse impacts to the wetlands. The following water-quality-related
functional values or uses of wetlands shall be protected, within the
range of natural variation:
A. Stormwater and floodwater storage and retention and
the moderation of water level fluctuation;
B. Hydrologic functions, including the maintenance of
dry season stream flow, the discharge of groundwater to a wetland,
the recharge of groundwater from a wetland to another area and the
flow of groundwater through a wetland;
C. Filtration or storage of sediments, nutrients, or
toxic substances that would otherwise adversely impact the quality
of waters of the Reservation;
D. Shoreline protection against erosion through the dissipation
of wave energy and water velocity and anchoring of sediments;
E. Habitat for aquatic organisms in the food chain/web,
including but not limited to fish, crustaceans, mollusks, insects,
annelids, planktonic organisms and the plants and animals upon which
these aquatic organisms feed and depend upon for their needs in all
life stages;
F. Habitat for resident and transient wildlife species,
including mammals, birds, reptiles, and amphibians, for breeding,
resting, nesting, escape cover, travel corridors and food; and
G. Recreational, cultural, educational, scientific and
natural aesthetic values and other uses.
The following criteria shall be used to assure
the maintenance or enhancement of the functional values identified
above:
A. Liquids, fill or other solids or gas may not be present
in amounts which may cause significant adverse impacts to wetlands;
B. Floating or submerged debris, oil, or other material
may not be present in amounts which may interfere with tribal rights
or interest or which may cause significant adverse impacts to wetlands;
C. Materials producing color, odor, taste or unsightliness
may not be present in amounts which may cause significant adverse
impacts to wetlands;
D. Concentrations or combinations of substances which
are toxic or harmful to human, animal or plant life may not be present
in amounts which individually or cumulatively may cause significant
adverse impacts to wetlands;
E. Hydrological and hydraulic conditions necessary to
support the biological and physical characteristics naturally present
in wetlands shall be protected to prevent significant adverse impacts
on:
(1) Water currents, erosion or sedimentation patterns;
(2) Water temperature variations;
(3) The chemical, nutrient and dissolved oxygen regime
of the wetland;
(4) The movement of aquatic fauna;
(5) The pH of the wetland; and
(6) Water levels or elevations.
F. Existing habitats and populations of wetland animals
and vegetation, especially wild rice, shall be maintained by:
(1) Protecting habitat through regulation of fluctuating
water levels;
(2) Protecting food supplies for fish and wildlife;
(3) Protecting reproductive and nursery areas; and
(4) Preventing conditions conducive to the establishment
or proliferation of nuisance organisms and exotic species.