2.7

general purposes set forth in NEPA Sections 101(b) and l02(1). NPS policies provide a framework to
balance visitor use and resource protection and values to be preserved for future generations.
2.7 Environmentally Preferred Alternative
As defined by the CEQ: "The environmentally preferable alternative is the alternative that will promote the
national environmental policy as expressed in NEPA's Section 101. Ordinarily, this means the alternative
that causes the least damage to the biological and physical environment; it also means the alternative which
best protects, preserves, and enhances histaric, cultural, and natural resources" (CEQ 2005a).
After careful consideration of Section 101 with regards to the detailed study alternatives, the Monetary
Settlement Alternative was selected as the Environmentally Preferred Alternative for this project because it
best promotes the goals described in the requirements above. The Monetary Settlement Alternative is not
expected to impact GSMNP resources. This alternative is not necessarily the same as the Preferred
Alternative nor is the NPS required to select this alternative as the Preferred Alternative.
2.8 Least Environmentally Damaging Practicable Alternative
The Section 404(b)(1) Guidelines, published by the U.S. Environmental Protection Agency (USEPA) in
conjunction with the United States Army Corps of Engineers (USACE), contain substantive environmental
criteria used in evaluating discharges of dredged or fill material. Under these guidelines, no discharge can be
permitted if a practicable alternative with less adverse impact on the aquatic environment (unless the
identified alternative poses other significant environmental consequences) is available. The USACE requires
that an EIS, being prepared for an action which will require a Section 404 permit, identify the Least
Environmentally Damaging Practicable Alternative (LEDPA) on the aquatic environment in accordance with
the Section 404(b)(1) Guidelines.
In that the Monetary Settlement Alternative would not involve fill in "Waters of the United States," and
would have no effect on the aquatic environment, it would not require a Section 404 permit. If a partial-
build or build alternative were selected for implementation, a LEDPA would be documented in the ROD.
2.9 Preferred Alternative
The Preferred Altemative is the alternative that best meets a project's purpose and need and accomplishes the
project's goals and objectives. "This is the alternative the park service believes would best accomplish its
goals after the in-house NEPA analysis has been completed, when the choice of an alternative as `preferred'
is appropriate" (NPS 2001 a). After full review of the DEIS and careful consideration of comments, the
Monetary Settlement Alternative has been identified by NPS as the agency's Preferred Alternative.
The Monetary Settlement Alternative has the potential to discharge and satisfy any obligations on the part of
the United States that presently exist as a result of the 1943 Agreement among the DOI, TVA, Swain
County, and the state of North Carolina by providing an alternative that can achieve the consent of the
signatories to settle the agreement, thus meeting the Purpose and Need described in Section 1.1. As
discussed in Section 2.2.2, the Swain Counry Commissioners passed a resolution on February 1 l, 2003, that
stated the counry would accept a monetary settlement to settle the l 943 Agreement (Appendix D).
Correspondence from the Governor's office of the state of North Carolina has been submitted to the project
Description of Alternatives — 2-20
North Shore Road Final Environmental Impact Statement