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CITY OF HOLYOKE, MASSACHUSETTS - page 36 / 43

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(NFIP, currently administered by the Federal Emergency Management Agency, successor to the U.S. Department of Housing and Urban Development).  Said boundary, so determined, shall be presumed accurate.  This presumption may be overcome only by credible evidence from a registered professional engineer or other professional competent in such matters.

d)

Where NFIP Profile data is unavailable, the boundary of land subject to flooding shall be the maximum lateral extent of flood water which has been calculated, observed or recorded.

3.

Presumption Where a proposed activity involves removing, filling, dredging, building on, or altering Land Subject to Flooding, or within 100 feet of the boundaries of the Land Subject to Flooding, the Commission shall presume that such an 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 said land does not play a role in 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 structured, which will result in the building within or upon, removing, filling, dredging or altering of land subject to flooding, or of land within 100 feet of land subject to flooding (See Section VII) 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)

A proposed project which may result in alteration of Land Subject to Flooding shall not result in the following:

(1)

Flood damage due to filling which causes lateral displacement of water that would otherwise be confined within said area.

(2)

An adverse effect on public and private water supply or ground water supply.

(3)

An adverse effect on the capacity of said area to prevent pollution of the ground water.

(4)

An impairment of its capacity to provide wildlife habitat.

(a)

No project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species as identified on the Massachusetts Natural Heritage and Endangered Species Estimated Habitat Maps on file with the Commission.

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