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HomeMy WebLinkAboutNorth Shore Road (18)Meeting Summary Report North Shore Road Environmental Impact Statement Great Smoky Mountains National Park Subject Interagency Meeting Summary by Knstma Miller, PE Place/Date of Meeting ARCADIS, Raleigh, NC March 24, 2004 Participants Jack Van Dop, FHWA - EFLHD Imelda Wegwerth, NPS, GSMNP Anita Jackson, NPS, SERO Erik Kreusch, NPS, GSMNP Keith Langdon, NPS, GSMNP Larry Hartmann, NPS, GSMNP Paul Webb, TRC John Hennessy, NCDWQ Chris Milrtscher, USEPA Chrys Baggett, State Clearinghouse Renee Gledhill-Early, SHPO Eric Howard, TVA Bill Pickens, NCDFR Rob Hanson, NCDOT Barney O'Qumn, ARCADIS Knshna Miller, ARCADIS Steve Thomas, ARCADIS Paige Cureton, ARCADIS Martha Register, ARCADIS Bryon Palmer, ARCADIS Janice Campbell, ARCADIS Melissa DuMond, ARCADIS Hal Bain, ARCADIS Participants via Teleconference Don Owen, NPS, AT Becky Fox, USEPA Michelle Hamilton, THPO Russell Townsend, THPO Linda Hall, NCSHPO David Baker, USACE David McHenry, NCWRC Scott McLendon, USACE Allen Ratzlaff, USFWS Ray Johns, USFS Rodney Snedeker, USFS ARCADIS G&M of North Carolina, Inc 801 Corporate Center Drive Suite 300 Raleigh North Carolina 27607-5073 Tel 919 854 1282 Fax 919 854 5448 www arcades-us com ARCADIS Project No NC603001 0000 Summary Issue Date June 18, 2004 Initials Referenced Below Copies JVD Participants IW Harold Draper, TVA AJ John Hendrix, USACE EK Dan Brown, NPS, Blue Ridge Pkwy KL Ed Clark, NPS, Blue Ridge Pkwy LH David Cox, NCWRC PW Scott Loftis, NCWRC JH Joel Setzer, NCDOT CM Ron Watson, NCDOT CB Mark Davis, NCDOT RG Lisbeth Evans, NCDCR EH Jeffrey Crow, SHPO BP Ken Jolly, USACE RH Brian Cole, USFWS BOQ Jon M Loney, TVA KM Lynn Hicks, US Forest Service ST R E Vann, Cheoah District, NNF PC Mike Wilkins, District Ranger MR Michell Hicks, Chief EBCI BRP JC MD HB DO BF MH WETLANDS RT / 401 GROUF LH DB JUN 2 Y 2004 DM WATER QUALITY SE CTION AR RJ RS ARCADIS The purpose of the meeting was to review information on the alternatives development phase of the North Shore Road Environmental Impact Statement (EIS) and to mrtiate discussions and solicit input from the resource agencies The meeting began with study team and agency introductions (led by Imelda Wegwerth), followed by a presentation Presenters included Imelda Wegwerth, Jack Van Dop, Barney O'Qumn, Knstma Miller, and Bryon Palmer Discussion initiated b Comments Imelda Wegwerth explained that the National Park Service (NPS) is the lead National Environmental Policy Act (NEPA) agency for the North Shore Road EIS with Federal Highway Administration (FHWA) serving as the contract agency Ms Wegwerth provided a summary of the project's history Brief recap The 1943 Memorandum of Agreement (MOA) was between the U S Department of the Interior (DOI), Swain County, the Tennessee Valley Authority (TVA), and the state of North Carolina After the construction of Fontana Dam, over 217 families were without access to their land The TVA purchased this land IW (approximately 44,000 acres, some through condemnation) and transferred it to the Great Smoky Mountains National Park (GSMNP) The 1943 MOA specified that as funds were available, the Park Service would construct a new road to replace the one that was flooded The new road, to be built along the northern shore of Fontana Lake, was to extend from Bryson City to Fontana Dam Construction of the road began in the 1950's and 7 2 miles were completed (1 mile tying to the road over Fontana Dam and 6 2 miles on the Bryson City end) The project ended with the completion of the tunnel in 1972 due to construction problems and environmental concerns The National Park Service (NPS) began the EIS process for the General Management Plan (GMP), and in 1982 decided not to finish the road In 2000, Congress allocated funding, $16 million, to continue construction on the road Jack Van Dop continued with the presentation and reviewed the project's study area (120,000 JVD acres), public involvement efforts to date (outreach and participation), and the NEPA planning process Mr Van Dop explained that the project is currently in Phase 3 of the process, Alternatives Development Barney O'Qutnn initiated discussion on the methodology for developing the 100 initial concepts, review of the 9 preliminary alternatives, and explanation of recommendations for the detailed study BOQ alternatives Mr O'Qumn explained that the project team is requesting suggestions improvements, combinations, additions, or eliminations to/of the study alternatives He noted that concurrence on the alternatives to be studied in the EIS is requested Are the corridors or an alignment within the corridor going to move forward for detailed study in the SM EIS9 JVD The detailed analyzes will be on alignments (20 to 25 percent design plans) within the 2,000-foot wide corridors The preferred alternative will be based on review of the corridor with some level of design for cost estimates LH Would it be possible to modify the Flint Gap alternative so that it is adjacent to Fontana Lake between Eagle and Hazel creeks, instead of going further north as currently planned? CIS Discussion Comments initiated b DO Is the Flint Gap Corridor, as shown, the most current corridor location or will it be changed? BO The Flint Gap Corridor is in the general location but slight modifications may occur Where are the cemeteries located in the study area? It would be helpful to get the locations of the cemeteries to the agencies We need to know where they are located since it is such an important issue with the public BF The cemeteries (22) are included in the Existing Conditions Report Currently, access is being BOQ provided by NPS The public doesn't understand that all the corridors will not reach the cemeteries Even the Northern Shore Corridor will not grant easy access to those cemeteries located on the KM northern shore of Fontana Lake The cemeteries were grouped with other cultural resources on a map that was omitted from public materials to protect the location of the other cultural resources A map with the locations of the cemeteries will be provided to you with the meeting summa Does Swain County know what they want at this time? BF The Swain County Board of Commissioners has agreed to accept $52 million in lieu of the road, but BOQ that is all we know so far Ultimately, after the EIS, the decision is with the NPS to make the final recommendation Are you eventually going to choose a typical section? SM We are going to look at two road types, the Principal Park Road, two 10-foot lanes, asphalt surface BOQ road with a 30 mph design speed, and the Primitive Park Road, two-way gravel road with a 15 mph design seed SM Will there be preliminary cost estimates? BO The costs and impacts will be determined in the design stage KM Knstma Miller summarized information about the public workshops This included reviewing the displays, opportunities to provide comments, and the open house format KL Is there a 1 1 ratio of the road to the topography? What would the road ratio be? BOQ We are not sure yet There will be some switchbacks, but that will be determined during the next phase ALL The group took a break from discussions to view the project display boards JH The alternatives look disparate What is the fundamental purpose of this project? IW To look at a wide array of alternatives and consider all options that could potentially settle the 1943 Agreement How does each alternative settle the Agreement? JH The Agreement stated that a 20-foot dustless surface road connecting Bryson City to Deal's Gap IW would be constructed We have incorporated other options that include partial-build and cash settlement alternatives The options that differ from the 20-foot road would require a new ACA S Discussion Comments initiated b agreement to be signed, the old one made null and void, and all parties to agree in order to settle the 1943 Agreement without the road Does the cash settlement alternative include funding or increased service to get people across Fontana Lake for access to the northern shore and cemetenes9 DO No, not at this time We have discussed this and it could be added into the monetary settlement IW NPS would continue the existing ferry service to the cemeteries (13 times a year, once per BOQ cemetery) Also, if the community wanted to utilize part of the $52 million settlement for improved boat access, the could do that Why not consider providing access as a separate alternative or in conjunction with other DO alternatives, maybe use as a mitigation measure9 IW It could be included as a mitigation measure if a road is not built People want independence and access without the ferries Some people need better accessibility JVD It is not a separate alternative because that alone would not fulfill the agreement This could be an add-onoption LH People just want the road because it was a promise The want to have the promise fulfilled JH Where can I get a copy of the 1943 Agreement9 IW There is a copy of it on the project website (www northshoreroad info) KM If you go to the first page on the webstte, there is a link to the 1943 Agreement along the left column If cemetery access was never part of the Agreement, then why is it being addressed? MH The scopmg process identified people's concerns It was not part of the Agreement, but it is a big issue in the community They have shown us letters that TVA wrote to them encouraging them to IW leave the cemeteries intact because a new road would be built in the future JVD It is not part of the Agreement, but it may be part of a settlement KM The 1943 Agreement does not state the intended purpose of the road Public comments have dealt with three main reasons for the road access to cemeteries and prior home sites, economic development issues, and fulfilling the promise made in the Agreement Did the Agreement state the length of the replacement road9 If you don't go with a full build does that mean you are not meeting the obligation? CM We are discussing alternatives that do not meet the original Agreement BP There is nothing specifically mentioned about the length of the road but it does provide a general JVD area along the northern shore from to Deals Gap to Bryson City If the parties agree on a resolution, the purpose and need of the project has been met BP We are talking about a settlement and alternatives that do not meet the original Agreement, at some ARCADIS Discussion Comments initiated b point does a settlement get offered and we would stop the EIS9 The intent is to come up with a compromise and if any portion of the settlement affects the JVD environment, an environmental document needs to be developed because federal funding is being used If it is a piece of something that has already been shown, we will need to get it approved as an action A settlement, or portion thereof, does not necessarily require a NEPA document Only if it involves construction from federal funds/federal property This needs to be an efficient process to cover an alternatives JH If NC 28 fulfilled the 1943 Agreement, would there be a need for the project to exist9 JVD NC 28 does not fulfill the Agreement because it is not inside the park on the northern shore, but could fulfill a transportation need CB Clarification was made that the road stated in the Agreement was north of Fontana Lake If a road is built, would a second EIS be needed? Will this EIS go into enough detail to provide the BP agencies with enough information to evaluate the impacts9 The resource agencies will need more JVD detail to make a decision The intention is to capture the details within this EIS All of the detail will be art of the EIS We will be doing design concurrently to get detailed impact information into this EIS We will be BOQ collecting data on 2,000-foot-wide study corridors and will apply context sensitive solutions based on impact information collected to the design NEPA requires a range of alternatives We have narrowed down to a reasonable amount of JVD alternatives to study in detail that can be defended in the NEPA process We will spend a lot of time looking at these alternatives in more detail The use of "alternative" versus "corridor" is somewhat confusing Are there other alternatives CB within a comdor? BOQ Depending on the typical section (15 mph or 30 mph), there may be two alternatives within a corridor We are having a hard time comparing a settlement to various road alternatives We need to make a decision of whether a road should be built at all I agree It seems that the settlement issue exists outside the EIS The settlement is a financial SM restitution for an agreement If it is determined that no road is needed, we will be focusing on the JH settlement option BOQ This will be part of the economic analysis In addition to the cemetery access, there are many people who feel that the road would be a boost to their economy compared to a lump sum of money given to the county This is going to be difficult to compare What does the road mean for the economy of Swain County versus the settlement9 What is the value of the road in comparison with the cash settlement9 We are providing all the impact evaluations (cultural, econonuc, and environmental) to the decision- 1W makers The cash settlement means no environmental impacts However, the decision-makers will need to weigh the socioeconomic impacts as well as the natural and cultural resource impacts ARCADIS Discuss= Comments initiated b Keeping the monetary settlement alternative is fine with the EPA If they take the settlement and CM apply it to other build projects, I see it as part of the process that evaluates indirect environmental impacts If you give a community $50 million, with no say on the environmental impacts, the affects could be worse The county (Swain County) is not letting us know what they might use the money for Currently, 1W some commissioners are saying they would invest a base amount to earn interest We can make some assumptions on the indirect impacts How far legally do you trace the money9 If it is a direct transfer of money to Swain County without going through a federal agency, there is no NEPA requirement If there is interest on that, it becomes further removed from a direct federal grant In this process, we will develop a matrix of JVD the impacts For monetary settlement, it may be zero for all impacts We are not meeting a transportation need but are looking at settling an agreement There is a disconnect between the alternatives, but from the environmental standpoint, it may be easy to denote it being a no-build alternative You can compare one to the other in a reasonable standpoint, such as a matrix Can you explain your understanding of what the locals' expectations are that there will be a road9 Is it passed on from generation to generathon9 CM It has been passed on through generations for building the road I have not been to all of the public LH meetings, but at one, someone told me a story of a family that has been forcibly moved three different times by the government A road is what they were promised, and a road is what they want What type of road do they want9 CM What it says in the Agreement, a dustless surface road to get back to their heritage on the northern LH shore There is not a homogenous opinion, some want the settlement, others want the road You get a variety of opinions They want the road to get back to their heritage and the northern shore area Also it would bring an economic stimulus to Bryson City They feel a new road would make it easier to visit their IW cemeteries and home sites People have letters from TVA encouraging them to leave their family cemeteries intact because a road would be built to replace NC 288 This is why some people chose not to relocate their cemeteries LH There are a variety of opinions Four out of five Swam County commissioners are for the monetary settlement What is the percentage of people for and against the road9 What is Graham County's position? CM The road could possibly end in Graham County, which is why Graham County is interested It IW could also increase tourism in the area The whole nation is interested since it is a national park KM Graham County has asked that the road be constructed They also asked that if the EIS reveals that environmental issues are too great that Graham County receive a settlement in addition to that received by Swain County ARCADIS Discussion initiated b Comments Not listed They make their money off of tourist dollars If you don't control growth, the county's tourist economy dies because there are no trout waters, no green visitation areas Swain County is 85 percent federally owned Some of these people have been relocated two to three BOQ times due to federal projects But there is also a sense of place with these folks You would think that it happened 6 years ago instead of 60 years ago There are deep emotions tied up with their national ride and the promise that was not kept The people explain that they gave their land away because of the war, to assist in war efforts There are also people in Graham County that were originally from Swain County These people say that KM they could not find land in which to relocate within Swain County We have also been told that men who came back from the war could not find where their families relocated, and there are a lot of very strong emotions involved LM Earthfirst and Sierra Club organizations are also very interested in this They have sent in letters saying what they will do if a build alternative is reached I appreciate the local sentiment What isn't clear is how they envision the road as an economic stimulus? JH It depends on the individuals Some people think other development will occur once a road is built, LH such as campgrounds Others feel like Tennessee has more economic opportunities in tourist communities, such as Gatlmburg IW Some feel that the road would be a destination and that interpretation of heritage would attract more people to the area People come to drive the GSMNP roads They typically visit the park through their windshields The opinion is vaned Right now, there is a PhD student from Yale, Mark Stern, who is studying the relationships between the NPS and gateway communities He found that the further you get LH from Gatlinburg, the more negative opinion there is about the government The southern side wants to tell the world what they have gone through, like the Trail of Tears No one really knows their story and the want their story to be told BOQ In 1996, the park put out a visitor survey The highest recorded responses were from people that wanted additional heritage opportunities If a road alternative is selected, who would fund the road9 Would it come out of the NCDOT budget for the state9 RH We have no idea how the money would be appropriated It could be congressional funding, IW highway transportation bills, we do not know RH That makes the decision more difficult if you do not know where the money will be coming from JVD They are not going to fund it until it is a viable project The seven miles of the North Shore Road that was completed was funded by 100 percent federal funds, but that does not guarantee that it is going to stay there ARCADIS Discussion Comments initiated b I understand that the NPS work within GSMNP is not considered a 4(f) project What about RG recreational areas and the USFS9 Also, Fontana Dam is eligible for the National Register of Historic Places (NRHP) as a National Historic landmark What is the schedule because there is an election coming up9 The schedule was initially a 2-year process to complete the EIS Public Involvement has been much JVD more aggressive and we are currently adding things, so the process will be extended In 4(f) there is a provision that park roads within NPS lands are not subject to 4(f) RJ Cable Cove is a public recreational area That area would be subject to 4(f) A 4(f) Evaluation would need to be conducted on those alternatives, if pursued Also, Fontana Dam would trigger a 4 Evaluation BOQ Some alternatives tie to an existing road that crosses the dam CM There would be an increase in traffic, which could impact Fontana Dam JVD 4(f) only applies if you actually take the land RG 4 applies if you use the land RJ You would need avoidance and minimization in the EIS for Cable Cove KM Ray, do you have boundaries for the Cable Cove recreational area? RJ Yes, we can provide that for you AR Also, the Appalachian Trail is considered 4(f) outside the park JVD 4(f) is not a fatal flaw BOQ The AT is a 4(f) resource outside of GSMNP The Cable Cove alternative will be on USFS lands and not within the recreational area RJ Who are the decision-makers on the EIS? IW The Department of Interior Secrets of the Interior), we are the signatory of 1943 Agreement The Secretary of Interior does not have the authority to appropriate lands under the Department of Agriculture - USFS Maybe the USDA needs to be a decision-maker or at least a cooperating RJ agency? We encourage people to not include USFS lands in the alternatives Our biggest concern is whether it complies with our USFS standards Any type of linear road in the area, or adjacent, is a violation of our visual standards It takes extensive modification to the management plan to amend the forest plan for a minor component This could take several years ARCADIS Discussion Comments initiated b CM Is their private property access on the south shore? RJ According to the map, there isn't There may be a few private mholdmgs NPS would have to modify their General Management Plan as well This is part of the coordination JVD that needs to happen The purpose of this meeting is to raise concerns and address coordination needs RJ Mr Ray Johns noted that participation in this project was not encouraged by USFS back in June 2003 He also referred to the Memorandum of Understanding between the FHWA and USFS RJ I would suggest a meeting with the USDA to get to the finer points of this process before we get too far into the EIS GSMNP/USFS/FHWA and the state, we need a smaller meeting to review the legal obligations and actions The Forest Service does not have the resources or the money to devote to IW this project We may not be able to make an amendment since our plan is ready to go into revisions We will try to meet with you soon RJ I would like to be included in all future meetings and correspondence on this project Hal Bain with ARCADIS has m contact information There also needs to be additional coordination with the park superintendent and the AT It would be DO appropriate for some coordination to make sure that we have appropriately and legally addressed things such as 4 Are you going to seek agency concurrence before proceeding with an alternative? SM We would like to have a modified merger process (404/401) for this EIS We will need to follow up JVD so that everyone is satisfied with the documentation and how to proceed We will call you to set up a meeting at the USACE office in Asheville SM I am still uncomfortable with the partial-build concepts Until we get this resolved, I am uncomfortable with making a decision on which alternatives to go forward with FHWA's guidance on environmental documentation requires alternative analysis of the proposed BOQ project compared to a no-build alternative (lesser impact), but also requires a partial-build, step- down, traffic-engineering component You have some non-transportation components in this You can compare a high level facile with a marginally improved facile SM We are planning to send you a letter with our concerns There will have to be a very good discussion on what the need would be for all alternatives JVD If we can provide you with more information, please let us know JH I agree with Scott Only one alternative fulfills the purpose and need ARCADIS Discussion Comments initiated b Anything that the federal government and Swain County can agree on will meet the purpose and JVD need of the project If the signatories can agree and accept to void the 1943 Agreement, it does not matter if it is outside the original intent We are trying to resolve a legal obligation instead of a transportation need CB Is the state (North Carolina) part of the Agreement? JVD Yes JH Would the monetary settlement meet the purpose and need? JVD Yes, if the signatories agreed upon it AR If you get DOI to sign for the settlement, is it (the 1943 Agreement) a mute point? IW We have been directed to conduct the EIS If the DOI signed tomorrow, the EIS would be made void CM If you filed a notice of intent (NOI), you need to close the record with an official Record of Decision (ROD) CB Is there enough money to build a road in the congressional appropriations? IW No, $16 million was appropriated RG What is the current schedule? JVD We have not resolved the final schedule et The resource agencies will obviously favor the alternative that has no impacts, especially when three BF signatories have already gone for the settlement JVD We understand that, but there are other factors that are integral to the EIS process in addition to resource agency concerns There may be a combination of alternatives When you go through the EIS process, there may be other reasonable, foreseeable alternatives than just giving a check The EIS may demonstrate that the middle options do provide some benefit, possibly a heritage center, additional access to the park CM I can also see them possibly being preferred for the park service No one is going to be able to see the effects for years We are trying to conduct an apples-to-oranges analysis here Many projects have a wide range of alternatives that could meet the purpose and need Keep interim options open as long as possible in the NEPA process We have to consider the social and economic impacts, not just the environmental impacts The No- BOQ Action Alternative has no environmental impacts, but may have social and economic impacts IW The decision-makers will want to know all of these things, that is why we are going through the EIS process 10 ARCADIS Discussion I Comments initiated by IW Ms Wegwerth closed with appreciation for the group's participation and input She requested comments by April 2nd Summary of Action Items from the meeting 1 A map with the locations of the cemeteries will be provided to you with this meeting summary 2 Ray Johns of the USFS will provide the boundaries of the Cable Cove Recreation Area to ARCADIS 3 A future coordination meeting will be scheduled among the USFS, NPS, and FHWA 4 Ray Johns will be included on all future interagency correspondence to represent the U S Forest Service DEIS Study Alternatives - Current Status Update Two meetings were held on April 22, 2004, one with the National Park Service (NPS), the Federal Highway Administration (FHWA), the United States Army Corps of Engineers (USACE), the United States Environmental Protection Agency (USEPA), the NC Wildlife Resources Commission (NCWRC), and the United States Fish and Wildlife Service (USFWS) and one with the NPS, the FHWA, and the United States Forest Service (USFS) to discuss concurrence on the alternatives to be studied in the DEIS While verbal concurrence to proceed with the alternatives was provided by participants of the first meeting, the USFS advised that their regulations may not permit the North Shore Road to extend onto USFS property and requested elimination of the Partial-Build Alternative to Cable Cove The NPS has been advised to proceed with studying the Partial-Build Alternative to Cable Cove in the DEIS until documentation is provided for its elimination A letter was sent by the NPS to the NCWRC, the NC State Historic Preservation Officer (SHPO), the Eastern Band of Cherokee Indians - Tribal Historic Preservation Office, the USFWS, the TVA, the USACE, the NC Division of Water Quality, and the USEPA that requested written concurrence on the detailed study alternatives The letter was also sent to the North Carolina State Clearinghouse for informational purposes To date, written concurrence has been received from the USFWS, SHPO, NCWRC, TVA, and USEPA The DEIS study alternatives that are shown on the enclosed map and are briefly described below 1) No Action - Required by NEPA as a basis for comparing the potential benefits and impacts of the other alternatives 11 ARCADIS 2) Monetary Settlement - Monetary compensation to Swain County in the amount of $52 million 3) Laurel Branch Picnic Area - Day use area to be constructed prior to reaching the existing tunnel terminus 4) Partial Build Alternative to Bushnell - Approximately 5 miles of new roadway would be constructed, from existing tunnel to the vicinity of Monteith Branch A day use area would be constructed to offer various types of visitor services a Option 1 - Cross Forney Creek Embayment with a large bridge, or go around it into the interior of the Park to cross the creek with a smaller bridge 5) Partial Build Alternative to Cable Cove - Approximately 22 miles of new roadway (approximately 19 miles of road in Park), from existing tunnel to cross Fontana Lake dust east of Hazel Creek The road would tie directly to Cable Cove Road which connects with NC 28, near Cable Cove Recreation Area a Option 1 - Cross Forney Creek Embayment with a large bridge, or go around it into the interior of the Park to cross the creek with a smaller bridge 6) Northern Shore Corridor - Approximately 28 miles of new roadway, from existing tunnel to the vicinity of Fontana Dam The corridor would generally follow the northern shore of Fontana Lake and would utilize remaining portions of NC 288 to the extent possible a Option 1 - Cross Forney Creek Embayment with a large bridge, or go around it into the interior of the Park to cross the creek with a smaller bridge b Option 2 - Cross Hazel and Eagle Creek Embayments at the lake with large bridges or go around creek embayments into the interior of the Park to cross the creeks with smaller bridges c Option 3 - Terminate the road by going across Fontana Dam or bypass the Dam and tie directly into NC 28, west of the Dam, roughly five miles east of Deals Gap 12 o m a ? -' cl) Z a ? n A? m ?d D r O 0 C, A 0 z 0 z a 0 r T_ Z ZO A H m ? 1 = O D m ;o - m 7 - >° oz m D - < Z ?z < m 3 =i z D N ' 3 ' z D D ? ti ^ ?• 1 I O D m z z • ? ° z ?v m v T C lD fJ D z ?L1 ? > C 7C ?. -ei -? 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