2.9

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
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North Shore Road Final Environmental Impact Statement

supporting a monetary settlement for Swain County (Appendix P). The use of the funds would be at the
discretion of the counry and as discussed in Section 4.2.3.2.2, these proceeds would provide an opporiunity
for Swain County to spur local economic and community development, stimulate economic diversification,
and enhance intraregional competitiveness.
The Monetary Settlement Alternative would avoid impacts to natural, cultural, and recreational resources
within GSMNP, including the AT. While addressing the project's purpose and need, and ensuring that
resources within GSMNP, including the AT, are unimpaired for tbe enjoyment of future generations, the
Monetary Settlement Alternative would fulfill the project Goals and Objectives presented in Section 12.
The Monetary Settlement would allow for the continued protection of the significant and diverse natural
resources and ecosystems of the Park (forest communities, water resources, protected species, soundscapes).
It would avoid disturbance to the Park and allow the Park to protect resources from adverse effects of
problematic geologic formations and acidic runoff. The Monetary Settlement would also allow for the
continued protection of the tangible (archaeological sites, historic structures, landscapes, cemeteries, and
TCPs) and intangible (feelings of attachment, family life, myth, folklore, and ideology) aspects of cultural
resources in the Park. As noted in Table S-1, for this or any alternative, NPS is committed to maintaining
current cemetery visitation practices and the Park will prioritize a budget increase that will specifically
describe the operations and maintenance costs to continue these activities, including annual ferry service.
The Monetary Settlement Alternative would be consistent with NPS management of the portion of the Park
within the study area as backcountry, as well as NPS policies regarding management of potential wilderness
areas. The Monetary Settlement Alternative would allow for the continued provision of the traditional
recreational activities of hiking, camping, fishing, and horse use in this backcountry area of the Park. It
would maintain the existing balance of visitors and resource use in this backcountry area of GSMNP and
preserve the associated peace and solitude currently available there. The Monetary Settlement Alternative
would not require the GMP to be amended.
In addition to meeting project goals and objectives, the Monetary Settlement Alternative would be consistent
with goals established in Section l Ol of NEPA which are discussed in Section 2.6. The Monetary
Settlement Alternative would allow the Park to continue to accommodate the existing uses of this area of the
Park, while stewarding the resources of this portion of tbe Park for future generations. It would permit the
Park to continue to preserve the beauty and recreational opporiunities of this area, and maintaining visitor
safety. The Monetary Settlement Alternative would allow for the preservation of important historic, cultural,
and natural aspects of our national heritage present in the Park. It would permit the continued provision of
backcountry choices in this area of the Park that support diversity of experiences and variety of individual
choice for visitors to the Park. As noted previously, the Monetary Settlement Alternative would maintain the
existing balance of visitors and resource use in this backcountry area of GSMNP, allowing visitors to
continue to enjoy the existing amenities in the area, including the peace and solitude currently available
there.
Public and agency input, including comments from individuals, organizations, agencies, elected officials, and
tribal representatives, was fully considered in the identification of the Preferred Altemative. NPS conducted
a comprehensive and inclusive public involvement program as a part of the EIS. The public involvement
program is discussed in Section 6 and public comment summaries are presented in Appendix J.
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North Shore Road Final Environmental Impact Statement