5.10

Alternative to Bushnell or the Northern Shore Corridor and that the Indiana bat may be affected by the any of
the partial-build or build altematives. It is likely that these impacts could be reduced through minimization,
avoidance, and mitigation techniques.
The proposed project would have no effects on the Carolina northern flying squirrel, noonday globe, spruc�
fur moss spider, and rock gnome lichen due to the absence of habitat for these species in the project
corridors. Habitat for the red-cockaded woodpecker, bog turtle, spotfin chub, Appalachian elktoe, littlewing
pearlymussel, small-whorled pogonia, and Virginia spiraea exists in the project corridars; however, none of
these species were identified during field surveys. Habitat also exists in the project corridors for the red wolf
and eastern cougar. A reintroduction of red wolves into GSMNP was unsuccessful and the population was
removed. Records of eastem cougar are over 20 years old and this native cat is believed to be extirpated
from the project study area. Based on information collected to date, the proposed project would have no
effect on these species. Refer to Appendix N for additional information on protected species.
The USFWS has delisted the bald eagle from the federal list of endangered and threatened wildlife, effective
August 8, 2007. Prior to delisting, the bald eagle had been listed as a threatened species. Surveys, resulting
documentation and information discussed in tbe FEIS were conducted and developed while this species was
federally listed as threatened. Text pertaining to the bald eagle has been retained for informative purposes.
Information pertaining to the current protection status of the bald eagle is found in the errata for Appendix N.
Informal consultation with the USFWS is ongoing and formal consultation would be initiated with the
USFWS, if required (see Section 4.4.10.1.3). Future coordination and consultation, including a BA (if
required), with the USFWS would depend on the alternative ultimately selected. A BA would be completed
if a partial-build or build alternative were selected for implementation. It might become necessary to
conduct additional surveys for federally protected species dependent upon updated information about species
requirements or as more refined project designs are developed. In response to a letter from NPS, USFWS
provided comments in a June 15, 2006, letter (Appendix P) regarding restrictions and mitigation
requirements for the partial-build and build alternatives. Because of the delisting of the bald eagle, effective
August 8, 2007, no additional consultation, either formal or informal, will be required far this species.
5.10 Consultation Regarding the Clean Air Act
In accordance with air qualiry conformity regulations, coordination among the FHWA-EFLHD, NCDOT,
and NCDAQ has taken place to review the status of GSMNP and associated conformity requirements that
could apply to the North Shore Road Project. Please refer to Section 3.3.4 for information about air quality
regulations.
In a letter to NCDOT, dated July ] 1, 2006 (Appendix P), FHWA-EFLHD requested that NCDOT generate a
regional emissions analysis and the Transportation Conformity Determination Report. The letter requested
that the analysis be conducted for the baseline routes of the Partial-Build Alternative to Bushnell and the
Northern Shore Corridor (Principal Park Roads) as potential worst-case alternatives. An interagency
consultation meeting for the conformity analysis was held on July 17, 2006. Representatives from NCDOT,
NCDAQ, FHWA, USEPA, and NPS each provided input on key aspects for completing the conformity
determination.
Agency Consultation and Coordination — 5-5
North Shore Road Final Environmental Impact Statement

Following an examination of the traffic growth projections, vehicle miles traveled for the area, and other
factors, NCDOT issued a draft report titled Transportation Conformity Analysis for the North Shore Road in
the Great Smoky Mountains National Park (Haywood and Swain Counties) in December 2006 (NCDOT
2006). NPS, in cooperation with FHWA and NCDOT, provided the report for public review and comment
through February 16, 2007.
As noted above, the report addresses the Partial-Build Alternative to Bushnell and the Northern Shore
Corridor (Principal Park Roads) as potential worst-case alternatives. The procedures required a comparison
of future projected regional traffic emissions (2030) with a level estimated for a base year of 2002. (The
method of comparing future traffic emissions against levels for a base year was done for this conformity
determination in the absence of a Motor Vehicle Emissions Budget for the area.) The draft report indicates
that the projected future vehicle emissions are eXpected to be lower than 2002 levels and, therefore, the
partial-build and build alternatives conform to the regional plan to attain the 8-hour ozone standard. If a
partial-build or build alternative were selected for implementation, a final confor►nity determination would
be completed prior to signing a ROD.
5.11 Continued Section 106 Consultation and Coordination
Pursuant to Section ] 06 of the National Historic Preservation Act, NPS consulted with NC SHPO
concerning the eligibility of properties within the study corridors for listing in the National Register of
Historic Places (NRHP) (see Appendix P). In addition to Fontana Dam and its associated facilities, which
were determined NRHP-eligible in 1992, properties considered eligible for listing in the NRHP include the
North Shore Decoration Day Tradition (including 27 cemeteries within and near the study corridors), as
outlined in a NC SHPO letter4 dated October 5, 2006, and 8 archaeological sites, as detailed in a NC SHPO
letter dated July 28, 2006. In a July 10, 2006 letter, the EBCI-THPO provided comments on three of the
eight archaeological sites listed in the July 28 NC SHPO letter, due to their historical significance to the
Cherokee Indians. The EBCI-THPO provided a follow-up ]etter dated May 30, 2007 noting that the three
sites discussed in their July 10, 2006 letter along with four additional sites were "of most concern for the
Tribe." Correspondence with EBCI-THPO and NC SHPO is included in Appendix P.
In a letter dated May 24, 2007, the Advisory Council on Historic Preservation (ACHP) acknowledges receipt
of the executed PA (see Appendix P). The letter also states that "the filing of the [PA], and execution of its
terms, completes the requirements of Section 106 of the National Historic Preservation Act and the ACHP's
regulations."
5.12 Coordination between the Signatories of the 1943 Agreement
Signatories of the 1943 Agreement include Swain County, TVA, the DOI, and the state of North Carolina.
Implementation of a full-build alternative, such as the Northern Shore Corridor, would require no
modification to the 1943 Agreement and could be undertaken without approval of all the signatories of the
1943 Agreement. However, the 1943 Agreement has the potential to be settled with other alternatives,
contingent on the consent of all signatories.
4 W hile this letter identifies seven archaeological sites, it inadvertently omitted an eighth site (31 SW423) that is eligible for the NRHP.
This site is discussed in Section 3.2.4.1 and included in Table 3-1.
Agency Consultation and Coordination — 5-6
North Shore Road Final Environmental Impact Statement