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IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERFRONT DEVELOPMENT PERMIT

Docket Nos. A-5525-17, A-2208-18.

IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERFRONT DEVELOPMENT PERMIT, FLOOD HAZARD AREA INDIVIDUAL PERMIT AND FLOOD HAZARD AREA VERIFICATION, 1500-16-0004.1 WFD16001, 1508-18-0002.1 FHA18001, and 1508-18-0002.1 FHA 1 80002. IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FRESHWATER WETLANDS GENERAL PERMIT #1 AND WATER QUALITY CERTIFICATE PERMIT NO. 1508-18-0002.1 (FWW180001).

Superior Court of New Jersey, Appellate Division.

Decided November 24, 2021.

Attorney(s) appearing for the Case

R. William Potter argued the cause for appellants Martha Steinberg, Gamal El-Zoghby, Michael Knight, Ricardo Valdes, Michael Pierro, Michele Pierro, David Fox, Andreas Beutler, Michaela Banck, The New Jersey Conservation Foundation, and Environment New Jersey (Potter and Dickson, attorneys; R. William Potter , on the briefs).

Jason Brandon Kane , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Andrew J. Bruck , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Jason Brandon Kane , Deputy Attorney General, on the brief).

Amy Chung , Deputy Attorney General, argued the cause for respondent New Jersey Department of Transportation ( Andrew J. Bruck , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; David M. Kahler , Deputy Attorney General, on the brief).

Afiyfa H. Ellington argued the cause for intervenor Westecunk Creek Association (Giordano, Halleran & Ciesla, PC, attorneys; Michael J. Gross and Afiyfa H. Ellington , on the brief).

Daniel A. Greenhouse argued the cause for amicus curiae Save Barnegat Bay (Eastern Environmental Law Center, attorneys; Daniel A. Greenhouse and William D. Bittinger , on the brief).

Before Judges Sabatino, Rothstadt and Mayer.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

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