5.14

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