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CITY OF HOLYOKE, MASSACHUSETTS - page 34 / 43

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a)

Land under Seasonal Wetlands are crucial to providing habitat to amphibian species.  Areas immediately surrounding seasonal wetlands generally serve all of the non-breeding habitat functions of amphibians which require Seasonal Wetlands for breeding.  

b)

Land within one hundred feet (100”) of a Land Under Water Body is likely to be significant to the protection and maintenance of Land Under Water Body and therefore to the protection of the interests which these water bodies serve to protect. (See Section VII)

2.

Definition

a)

Land Under Water Bodies is the land beneath any river, stream, pond, seasonal wetland, or lake.  Said land may be composed of organic muck or peat, fine sediments, gravel, rock or bedrock.

b)

The physical characteristics and location of Land Under Water Bodies specified herein are critical to the protection of the interests of Section I(B)(1).

c)

The upper boundary of Land Under Water Bodies is the mean annual low water level except in the case of intermittent streams where the boundary shall be the area under the stream when flowing at its annual mean flow.

3.

Presumption:

a)

Where a proposed activity involves removing, filling, building upon, dredging or altering of a Land Under Water Body or within 100’ of the boundaries of the Land Under  Water Body, 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 compelling evidence showing that the Land Under Water Body 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 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, dredging or altering of land under a  water body, or of land within 100 feet of land under a water body 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)

Any proposed work, permitted by the Commission, on Land Under a Water Body or within 100 feet of Land Under a Water Body shall not impair the following:

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