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DOYAL v. N.J. DEPT. ENVIRONMENTAL PROTECTION

915 A.2d 34 (2007)

390 N.J. Super. 185

Samuel L. DOYAL, Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 2007.

Attorney(s) appearing for the Case

Richard M. Hluchan, Vorhees, argued the cause for appellant (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Hluchan, of counsel; Robert S. Baranowski, Jr., on the brief).

Jane F. Engel, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Engel, on the brief).

Before Judges SKILLMAN, HOLSTON, JR. and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, authorizes issuance of a general permit for an activity in a freshwater wetland "which is not a surface water tributary system discharging into an inland lake or pond, or a river or stream[.]" N.J.S.A. 13:9B-23(b). The issue presented by this appeal is whether the word ...

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