Administrative – Environmental – Tillery Dam – License – Biological Integrity – Reference Conditions

Administrative – Environmental – Tillery Dam – License – Biological Integrity – Reference Conditions (access required)

City of Rockingham v. North Carolina Department of Environment & Natural Resources Where the administrative law judge compared the effects of the re-certification of the 100-year-old Tillery Dam with the “habitat that would be available to aquatic organisms if the Tillery Dam was not present, and flows were unaltered by the hydro project operations,” the ALJ engaged in the comparison advanced by petitioners, i.e., that the reference condition for measuring the biological integrity of the Tillery Reach is its original condition prior to the construction of the dam.

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