5.12

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

NPS and FHWA are required by existing procedures, implementing regulations, and legal precedents to
follow a prescribed process to make an informed and documented decision. In arder far the DOI to meet its
requirements under NEPA, it must have completed a NEPA planning and impact evaluation process (i.e., an
EIS) before any alternative that could have a significant impact on the environment can be considered.
GSMNP has encouraged all interested parties to review project update materials, provide comments, request
meetings, and discuss the project.
Appendix D includes the February 11, 2003, resolution by the Swain County Board of Commissioners
(passed on a 4 to 1 vote) requesting a monetary settlement to resolve the 1943 Agreement. AppendiX D
includes additional correspondence from the Swain County Board of Commissioners commenting on the
project. TVA has participated in the interagency meetings (described in previous sections of this chapter)
because of ownership and permitting and regulatory authority regarding the Fontana Reservoir and Fontana
Dam. Correspondence from TVA is included in Appendix P. Many North Carolina agencies have also
participated in interagency meetings because of resource and regulatory authority; however, no meetings
with Governor Micbael Easley's office have been held. Correspondence from Governor Easley's office
supporting a monetary settlement for Swain County is included in Appendix P.
5.13 Other Coordination
In addition to the Swain County Board of Commissioners (noted in the previous section), other government
representatives have expressed interest in the project through resolutions, correspondence, and/or attendance
at public workshops. The Bryson Ciry Board of Aldermen, through a March 3, 2003, resolution, supported
the Swain Counry Board of Commissioners regarding the request for a monetary settlement for Swain
County (see Appendix D).
Appendix D also includes a March 7, 2003, unanimous resolution by the Graham Counry Board of
Commissioners supporting "the construction of the North Shore Road as contemplated by the ] 943
Ageement" along with September 18, 2003, correspondence from the Graham County Board of
Commissioners supporting the construction of the North Share Road and requesting that a monetary
settlement be offered to Graham County if "environmental issues are too great to overcome to construct the
road."
5.14 Notice of Availability
The DEIS was distributed to local, state, and federal resource and regulatory agencies and released to the
public on January 4, 2006. A Notice of Availability (NOA) was published by NPS on January 4, 2006, in
the Federal Register and established an initial comment deadline of March 20, 2006. The NOA provided
official notice of the DEIS publication, solicited comments on the DEIS, and announced the public
hearings. As required, a NOA for the DEIS was also filed by the EPA on January 6, 2006, informing the
public that the DEIS was available for review. EPA noted their standard 45-day comment period in the
January 6, 2006, publication of the Federal Register and provided an update in the February 3, 2006,
Federal Register, which extended the comment deadline to match that originally identified by NPS. An
additional update was made in the March l7, 2006, Federal Register noting the comment period extension
to April 7, 2006, for a total 93-day comment period.
Agency Consultation and Coordination — 5-7
North Shore Road Final Environmental Impact Statement