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IN RE FRESHWATER GEN. PERMIT NO. 7

No. A-4593-06T1.

963 A.2d 1218 (2009)

405 N.J. Super. 204

In the Matter of Review and Revision of the Decision to Deny FRESHWATER GENERAL PERMIT NO. 7.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2009.

Attorney(s) appearing for the Case

Arnold C. Lakind, Lawrenceville, argued the cause for appellant, Earl F. Stahl, Jr. (Szaferman, Lakind, Blumstein, Blader and Lehmann, attorneys; Mr. Lakind, of counsel and on the brief).

David F. Michelman, Philadelphia, PA, argued the cause for respondent, Samuel N. Barresi (Michelman and Bricker, attorneys; Mr. Michelman and N. Marlene Fleming, of counsel and on the brief).

Lewin J. Weyl, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Environmental Protection (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Weyl, on the brief).

Before Judges CARCHMAN, SABATINO and SIMONELLI.

The opinion of the court was delivered by

SIMONELLI, J.A.D.

Appellant, Earl Stahl, challenges the issuance of a freshwater wetlands general permit for respondent, Samuel Barresi, by the Department of Environmental Protection (DEP) for Barresi's regulated wetlands activities on Stahl's property. Stahl contends that the DEP's decision to issue the permit without requiring compliance with the Stormwater Management Rules (SMR), N.J.A.C. 7:8-1 to -6.3, was...

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