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CITY OF HOLYOKE, MASSACHUSETTS - page 30 / 43

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and until that time may determine the area to be Freshwater Wetland on the basis of annual soil saturation hydric soils alone.

3.

Presumption

a)

Where a proposed activity involves the removing, filling, building upon, dredging or altering of a Freshwater Wetland, the Commission shall presume that such area is significant to the interests specified in Section I(B)(1). This presumption is rebuttable and may be overcome by clear and convincing evidence that the Freshwater Wetland, or land within 100 feet of the boundaries of the Freshwater Wetland, does not play a role in the protection of said interests.  In the event that the presumption is deemed to have been overcome, the Commission shall make a written determination to this effect in the permit or Order of Conditions, setting forth its grounds.

4.

Performance Standards

a)

No activity, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of a freshwater wetland, or of land within 100 feet of any freshwater wetland, shall be permitted by the Conservation Commission, except for activity which is allowed under a Permit or a variance from these regulations granted pursuant to Section I(D)(3).

b)

Where the presumption is not overcome, any proposed work in a Freshwater Wetland shall not destroy or otherwise impair any portion of the wetland resource.

c)

Notwithstanding Section 4(a) above, the Commission may issue a Permit allowing work which results in the loss of up to 5,000 square feet of Freshwater Wetlands when it is replaced in accordance with the following general conditions and any additional, specific conditions the Commission deems necessary to ensure that the replacement area will function in a manner similar to the area that will be lost:

(1)

the surface of the replacement area to be created (the "replacement/replicated area") shall normally be double that of the area that will be lost (the "lost area");

(2)

the ground water and surface water elevation of the replacement/replicated area shall be approximately equal to that of the lost area;

(3)

the overall horizontal configuration and location of the replacement/replicated area with respect to the bank shall be similar to that of the lost area;

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