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IN RE AUTH. FOR FRESHWATER

DOCKET NO. A-2231-08T2, A-3837-09T2, A-3400-10T2

80 A.3d 1132 (2013)

433 N.J. Super. 385

In the Matter of AUTHORIZATION FOR FRESHWATER WETLANDS STATEWIDE GENERAL PERMIT 6, SPECIAL ACTIVITY TRANSITION AREA WAIVER FOR STORMWTER MANAGEMENT, WATER QUALITY CERTIFICATION, and Access Waiver for General Permits. In the Matter of Care One, Inc. In the Matter of Authorization for Freshwater Wetlands Statewide General Permit 6. (Revised or Modified Permit).

Superior Court of New Jersey, Appellate Division.

Decided September 9, 2013.

Attorney(s) appearing for the Case

R. William Potter argued the cause for appellants Residents for Enforcement of Existing Land Use Code, Susan Tierney, and Pond Run Watershed Association (Potter and Dickson, attorneys; Mr. Potter, Princeton, on the briefs).

Jill Denyes , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Denyes, on the brief).

Richard M. Hluchan argued the cause for respondent Care One, Inc. (Hyland Levin LLP, attorneys; Mr. Hluchan, Cherry Hill, of counsel; Robert S. Baranowski, Jr. , Marlton, on the brief).

Nicholas B. Patton argued the cause for amici curiae, Delaware Riverkeeper and Delaware Riverkeeper Network (Mr. Patton and Jane P. Davenport McClintock , on separate briefs).

Before Judges FISHER, WAUGH, and LEONE.

The opinion of the court was delivered by

WAUGH, J.A.D.

In these consolidated actions, appellants Residents for Enforcement of Existing Land Use Code, Susan Tierney, and the Pond Run Watershed Association appeal several administrative decisions by respondent New Jersey Department of Environmental Protection (Department) in connection with its grant of a general freshwater wetlands permit and transition area waivers to respondent Care One, Inc. (CareOne), which...

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