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IN RE FRESHWATER WETLANDS

860 A.2d 450 (2004)

372 N.J. Super. 578

In re Authorization for FRESHWATER WETLANDS GENERAL PERMITS, Water Quality Certification and Waiver of Transition Area for Access.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 2004.

Attorney(s) appearing for the Case

Rutgers Environmental Law Clinic, for appellant Preserve Old Northfield (Judith Weinstock, on the brief).

Peter C. Harvey, Attorney General, for respondent New Jersey Department of Environmental Protection (Patrick DeAlmeida, Deputy Attorney General, of counsel; Lisa A. Runyon, Deputy Attorney General, on the brief).

Lum, Danzis, Drasco & Positan, Roseland, for amicus curiae Township of Livingston (Dennis J. Drasco, of counsel and on the brief; Kevin J. O'Connor, on the brief).

Before Judges CONLEY, BRAITHWAITE and LISA.

The opinion of the court is delivered by

CONLEY, P.J.A.D.

Appellant, Preserve Old Northfield (POND), challenges a Letter of Interpretation (LOI) and a Freshwater Wetlands General Permit No. 6 (GP6) issued by the New Jersey Department of Environmental Protection (DEP) for activities near or adjacent to the properties of POND's members.1 The LOI and the permit were issued on the basis of DEP's conclusion that the wetlands on the...

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