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  5. 176 A.D.2d 1122 (1991)
 

MATTER OF SLEMP v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

176 A.D.2d 1122 (1991)

In the Matter of William R. Slemp et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 24, 1991

Levine, J.

Petitioners are the owners of a 75-acre parcel of real property located in the Town of Claverack, Columbia County. As part of a plan made by petitioners in early 1986 to construct a residence on their property, they proposed to improve an existing farm road for use as a driveway. Such improvement required the crossing of a stream, known as Mud Creek, which petitioners learned was included within a freshwater wetlands area designated ST-31....

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