19960665 Ver 1_COMPLETE FILE_19960602

NATIONAL
INDIAN
GAMING
COMMISSION
PUBLIC NOTICE OF AVAILABILITY
AGENCY: National Indian Gaming Commission
ACTION: Public Notice
960665
RECEIVED
JON 2 0 1996
ENV"ONACNTAL SCIENCES
11",
SUMMARY: This notice advised the public that an Environmental Assessment
(EA) has been prepared for the proposed development of Class II and Class
III gaming facility on land held in Trust by the Eastern Bank of Cherokee
Indian Tribe on the Qualla Boundary portion of the Cherokee Reservation in
Jackson County, North Carolina. This EA is available for public review.
FOR FURTHER INFORMATION CONTACT:
Fred Stuckwisch
National Indian Gaming Commission
1441 "L" Street, 9th Floor
Washington, D.C. 20005
SUPPLEMENTAL INFORMATION:
This EA was prepared to meet the requirements of the National Environmental
Policy Act of 1969, as amended (NEPA). The Federal action requiring
compliance with NEPA is the approval of a management agreement between the
Eastern Band of Cherokee Indians and Harrah's North Carolina Casino, L.L.C.
The purpose of the proposed action is to increase economic development and
to provide jobs and revenue for the Eastern Band of Cherokee Indians.
The environmental assessment process indicates that the proposed action
will not significantly affect the quality of the human environment. This
determination was based on the following factors: there will be no adverse
impacts to water or land resources, to air quality, to any threatened or
endangered species, or to any other resource. There will be an adverse
effect to a property eligible for inclusion on the National Register of
Historic Places; these impacts, however, will be mitigated through the
implementation of measures called for in a Memorandum of Agreement (MOA)
executed by the NIGC, the North Carolina State Historic Preservation
Officer (SHPO), and the Eastern Band of Cherokee Indians. The proposed
action will benefit the socioeconomic resources of the Eastern Band of
Cherokee Indians. It is anticipated that a Finding of No Significant
Impact will be signed at the end of the public comment period indicating
that an Environmental Impact Statement will not be prepared.
Comments Accepted Until:
June 28, 1996
1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL.: [phone] FAX: [phone]

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Espey, Huston & Associates, Inc.
Engineering & Environmental Consultants
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ENVIRONMENTAL ASSESSMENT
FOR THE
EASTERN BAND OF CHEROKEE INDIANS
GAMING FACILITY
Prepared for:
National Indian Gaming Commission
1441 L Street, NW
9th Floor
Washington, D.C. 20005
Submitted by:
The Eastern Band of Cherokee Indians
Qualla Boundary - P.O. Box 455
Cherokee, NC 28719
Prepared by:
Espey, Huston & Associates, Inc.
11838 Rock Landing Drive, Suite 250
Newport News, VA 23606
June 1996

TABLE OF CONTENTS
' Section Page
' 1.0 INTRODUCTION ...................................................... 1
1.1 Proposed Action ................................................... 2

t 1.2
1.3 Purpose and Need .................................................
General Setting .................................................... 2
7

' 2.0 ALT
2.1 ERNATIVES ......................................................
Alternative Selection Process ....................................... 8
8
2.2 Alternatives Considered But Rejected .............................. 11

' 2.3
2.4 Henry Site ........................................................
Cooper Site ...................................................... 14
16
2.5 Magic Waters Site ................................................ 18
2.6 No Action ........................................................ 24
2.7 Comparison of Alternatives ........................................ 25
3.0 AFF ECTED ENVIRONMENT ........................................ 29
3.1 Geology and Soils 29

3.2 .................................................
Drainage
30
3.3 Water Quality ..................................................... 31
' 3.4

3.5
,.,...•...,•.......•..••..•...••...•...•..•..•.,..
Traffic Circulation
Noise 33

40
3.6 Air Quality ....................................................... 43
' 3.7

3.8
.••....•.••...••.•........•..,••...•......•..•
Biological Resources
Cultural Resources 46

51
3.9 Socioeconomics .................................................. 53
' 3.10

3.11 Land Use ...
.....................................................
Public Safety 54

57
3.12 Utilities .......................................................... 58

' 3.13
3.14 Aesthetics .......................................................
Hazardous Materials .............................................. 61
65
4.0 ENVIRONMENTAL
CONSEQUENCES .................................................... 68
4.1 Geology and Soils ..... ......................................... 68

' 4.2
4.3 Drainage .........................................................
Water Quality ..................................................... 69
72
4.4 Traffic Circulation .............................................. 74
4.5 Noise ............................................................ 82
4.6 Air Quality .......... 84

4.7 .............................................
Biological Resources
85
4.8 Cultural Resources ............................................... 88
4.9 Socioeconomics .................................................. 89
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TABLE OF CONTENTS
(Continued)
4.10 Land Use ........................................................ 91
4.11 Public Safety ..................................................... 92
4.12 Utilities .......................................................... 93
4.13 Aesthetics ....................................................... 95
4.14 Hazardous Materials .............................................. 96
5.0 MITIGATION MEASURES ........................................... 99
5.1 Geology and Soils ................................................ 99
5.2 Drainage ......................................................... 99
5.3 Water Quality ........................ ............................100
5.4 Traffic Circulation ................................................100
5.5 Noise ............................................................101
5.6 Air Quality .......................................................101
5.7 Biological Resources .............................................101
5.8 Cultural Resources ...............................................103
5.9 Socioeconomics ..................................................103
5.10 Land Use ........................................................103
5.11 Public Safety .....................................................103
5.12 Utilities ..........................................................103
5.13 Aesthetics .......................................................104
5.14 Hazardous Materials ..............................................104
6.0 LIST OF CONTACTS ................................................105
7.0 REFERENCES .......................................................107
8.0 LIST OF PREPARERS ..............................................109
9.0 CONSULTATION APPENDIX .......................................110
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TABLE OF CONTENTS
(Continued)
LIST OF FIGURES
Figure 1 Regional Location ............................................. 3
Figure 2 Project Vicinity Map ............................................4
Figure 3 Alternative Site Locations ........................................ 9
Figure 4 Project Site Existing Conditions .................................. .19
Figure 5 Preferred Alternative Site Plan ................................... .22
Figure 6 Roadway Segment Volumes .................................... .36
Figure 7 Delineated Wetlands .......................................... .49
Figure 8 Land Uses Along Route 19 ..................................... .56
Figure 9 Key Observation Point Locations ................................. .62
Figure 10 Viewsheds ................................................. 63
Figure 11 Level of Service for Roadway Segments and Intersections .............. . 76
Figure 12 Casino Rendering ............................................ .97
Figure 13 Recommended Roadway Improvements ............................ 102
LIST OF TABLES
Table 3.4-1 Signalized Intersection Capacity Analysis ............................ 37
Table 3.4-2 Unsignalized Intersection Capacity Analysis .......................... 38
Table 3.4-3 Existing Roadway Segments Level of Service ......................... 39
Table 3.5-1 Hearings: Sounds that Bombard us Daily ........................... 41
Table 3.6-1 Summary of North Carolina and National Ambient Air Quality Standards ..... 43
Table 3.10-1 Major Land Uses of the Qualla Boundary ............................ 55
Table 4.2-1 Stormwater Runoff Assumptions .................................. 70
Table 4.2-2 Pre- and Post-Development Flow Volumes ........................... 70
Table 4.4-1 Signalized Intersection Capacity Analysis ............................ 77
Table 4.4-2 Traffic Impact Analysis Unsignalized Intersection Capacity Analysis ......... 78
Table 4.4-3 Roadway Segment Level-of-Service ................................ 80
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1.0 INTRODUCTION
This Environmental Assessment (EA) has been prepared for the
National Indian Gaming Commission (NIGC), a federal agency
regulating Indian gaming. It has been prepared in conformance with
the requirements of the National Environmental Policy Act (NEPA) 40 CFR § 1500-1508, and the
draft NEPA implementation regulations of the NIGC, 25 CFR § 518 (e). The document analyzes
the potential environmental effects of a proposal by the Eastern Band of Cherokee Indians ("the
Tribe"), in conjunction with Harrah's North Carolina Casino, L.L.C. ("Harrah's"), to build and operate
an Indian gaming facility on Tribal trust land of the Cherokee Reservation in western North Carolina.
Ten parcels, located within the boundaries of the Cherokee Reservation, were initially
evaluated for their suitability as a site for gaming facility development. From those ten parcels,
three were selected for more detailed analysis. Based on engineering and environmental factors,
a Preferred Alternative site was chosen for evaluation in this EA. The proposed gaming facility
project would be implemented on a 37-acre site located at the intersection of US 441 Business and
US Route 19 in the Painttown community. This location is known as the "Magic Waters" site. This
name references a former water amusement park at this location. Initially a gaming facility was
planned for the central portion of the Magic Waters site. The discovery of a significant cultural
resource underlying this portion of the site necessitated a shift in the building location to the
currently proposed location at the east end of the Magic Waters site.
Gaming Facility on the Magic Waters site. It also examines the process by which alternative
This EA examines the potential environmental effects of development of the Cherokee Indian
Project No. 16793 1 963119

locations for achieving the Proposed Action were selected, evaluated, compared, and either
eliminated or carried forward as the Preferred Alternative.
1 1.1 Proposed Action
1 The Proposed Action here under consideration is the approval by NIGC of an agreement,
' between the Eastern Band of Cherokee Indians and Harrah's, to develop and operate a Class III
gaming facility. The Eastern Band of Cherokee Indians, in association with Harrah's North Carolina
' Casino, L.L.C., proposes to construct a 175,000 square foot gaming facility on Tribal trust land
within the Qualla Boundary portion of the Cherokee Reservation. The Cherokee Reservation is
located in western North Carolina, approximately 50 miles west of Asheville in Jackson, Swain,
Haywood, Graham, and Cherokee Counties (Figures 1 and 2). The review and approval of the
agreement between Harrah's and the Tribe mandates review of the entire development proposal
under NEPA.
1
1.2 Purpose and Need
1 The Tribe and Harrah's intend to develop a gaming facility on Tribal trust property at a
location known as the Magic Waters site. The facility will feature Class III gaming in accordance
1 with the parameters established through a compact negotiated with the State of North Carolina
under the Indian Gaming Regulatory Act (IGRA). The Compact establishes the scope of gaming,
limits the square footage devoted to gaming, regulates video machine type, and limits maximum
1 payouts; State and Tribal regulatory enforcement, auditing, and internal control responsibilities are
also specified.
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GRAPHIC SCALE

CHEROKEE CASINO
ENVIRONMENTAL ASSESSI
CHEROKEE, NORTH CAROLINA
FIGURE NO. 1
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The purpose of the proposed gaming facility is to provide an expanded Tribal government
revenue base with jobs and career opportunities for Tribal members. The Tribe currently operates
approximately 17,500 square feet of gaming at present in two small facilities. A total of 200 persons
are employed. Expanded gaming will provide the Tribe with an independent economic base to
support governmental functions and will, in turn, decrease dependence upon limited federal and
state funds. The proposed facility will provide approximately 1,400 jobs. In the process it will
provide career opportunities for both Tribal members and other area residents in management,
accounting, marketing, food services, facilities maintenance, and other segments of the gaming
facility entertainment field.
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The need for the Cherokee Indian gaming facility is based on: 1) inadequate and unstable
revenue for Tribal government and Tribal services; 2) insufficient employment opportunities for Tribal
members; 3) the relatively disadvantaged economic status of Tribal members; and 4) limited
economic development opportunities. Despite on-going economic development efforts, including
the existing temporary. gaming facility, the Tribe has been able to create only a limited number of
full-time jobs. The local economy is based largely upon seasonal tourist visitation. Employment and
revenue are subject to seasonal variation. Significant recent capital investment in competing tourist
markets has adversely affected tourist-related revenue in the Cherokee market. Current Tribal
enterprises, including the small gaming facilities currently in operation, are unable to establish an
adequate and stable revenue stream for Tribal programs and projects. The existing gaming
operation is of insufficient size to establish it as a regional attraction or to provide a substantial
augmentation to Tribal revenue.
Federal grants provide much of the Tribe's governmental revenue. These funds are steadily
decreasing in availability. Funding needs are increasing, however, as the Tribe must increasingly
Project No. 16793 5 963119
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take over programs previously managed by the BIA and the Indian Health Service (IHS) The Tribe
is currently struggling to provide governmental services, sufficient infrastructure, needed
administrative facilities, and sufficient housing for Tribal members. Gaming revenue will help the
Tribe meet unfulfilled governmental responsibilities and will provide the resources for desired social,
cultural, recreational, and community development programs.
The Cherokee Reservation has a resident population of 6,951 and a Tribal enrollment of
10,397. According to BIA statistics (BIA, 1993), 28 percent of the resident labor force are
unemployed. Nine percent of the labor force, a total of 578 persons, are unemployed and actively
seeking work. Of those residents that are actively employed, 38 percent are earning less than
$7,000.00 per year. Per capita income for resident Cherokee Tribal members in Jackson and Swain
Counties is $6,353.00 and $6,886.00 respectively. This compares to $8,922.00 for other residents
of Swain County and $10,326.00 for Jackson County, and a North Carolina state average per capita
income of $12,885.00 (Elingburg, 1995). Existing economic opportunities clearly provide Tribal
members with very limited incomes.
The proposed gaming facility is the only viable development opportunity capable of
generating sufficient profits to support the Tribe's economic development objectives. These
objectives include: 1) Development of non-subsidized revenue flow to the Tribal government; 2)
maintenance and enhancement of the Tribal government as a sovereign entity and the responsible
provider of social services to the community; 3) protection and enhancement of the human and
physical resources of the community and the promotion of their continued use in a culturally and
environmentally productive manner; and, 4) improvement in the economic and social well-being of
community members through the creation of employment opportunities, vocational training, and the
provision of adequate housing and utilities.
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1.3 General Setting
The Magic Waters site is located on Tribal trust land on the Qualla Boundary portion of the
Cherokee Indian Reservation, about 50 miles west of Asheville. The Reservation encompasses
some 56,000 acres in Swain, Jackson, Haywood, Graham, and Cherokee Counties in western North
Carolina (see Figure 2). The project site is located within a community on the Reservation known
as Painttown. The site fronts the north side of US Route 19, approximately 1.5 miles east of
downtown Cherokee. Principal access is via US Route 441, which is one of the main tourist routes
through the Great Smoky Mountains and provides direct access to Interstate Highway 40,
approximately 30 miles to the east. The Magic Waters site is less than 100 miles from the major
cities of Knoxville, TN; Greenville, SC; and Asheville, NC; and within 200 miles of Atlanta, GA;
Chattanooga, TN; Columbia, SC; Charlotte and Winston-Salem, NC.
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2.0 ALTERNATIVES
This section discusses the alternative means considered by the
Tribe to implement the proposed action. The No Action alternative is
also considered. A total of ten sites including the preferred Magic

Waters site, were evaluated for their potential as gaming facility locations. As a result of potential
adverse effects encountered during analysis of the originally proposed development configuration
on Magic Waters, the building location was shifted to the east end of the site. This eastern location
is the Preferred Alternative.
2.1 Alternative Selection Process
Subsequent to the establishment of a Class III Compact between the Tribe and the State
of North Carolina, the Tribal Council began to consider potential locations for a large gaming facility
on Tribal land. The Tribal Council passed Resolution No. 436 on April 5, 1995, directing that a
review be conducted on all sites then available, or previously considered by the Council, to
determine the three most desirable sites. Ten sites (Figure 3) were identified. These sites were
then to be evaluated using the following criteria:
1. Tribal land within the meaning of 25 U.S. C. § 2719;
2. Having been Tribal land prior to October 17, 1988 to avoid the prohibition in 25
U.S.C. § 2719;
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3. Be in the exclusive ownership of the Tribe, or be obtainable as such;
4. Be located in a convenient location with easy transportation access and good
visibility for customers.
5. Be of sufficient size and shape to accommodate the project and permit expansion
if compact and market warrant.
6. Have appropriate topography to minimize excavation and fill activities and therefore
minimize impacts to the natural environment.
7. Be in close proximity to adequate utilities (i.e., water, sewer, electricity, etc.).
8. Be in conformance with surrounding land uses to minimize negative impacts on
Tribal residents and maximize positive impacts on the Tribal economy.
The ten prospective development sites were subjected to environmental and development
feasibility analysis by EH&A (1995a). While all ten sites were considered, the EH&A study, in
response to the Tribal Council mandate, quickly focused in on the most promising sites. The seven
sites that were dropped from further consideration were found to include environmental and/or
engineering constraints that would make the development of a gaming facility more environmentally
damaging, or more costly, as compared to the other three sites. A brief description of these
eliminated sites follows.
Project No. 16793 10 963119

l 2.2 Alternatives Considered But Rejected
As described above, ten sites were originally selected as potential sites for gaming facility
development. They were subjected to an initial screening by EH&A (1995a). The alternative sites
eliminated from consideration, and the rationale for their elimination, are summarized.
2.2.1 Central School Site
The combination of parcels comprising this site totals about 115 acres and includes both hilly
1 terrain and floodplain areas. Use of the hilly terrain would involve costly cut and fill grading and
would pose potential adverse visual impacts. Soil instability at a large earthen bank on the site has
been a long-standing problem that would be exacerbated by large-scale commercial development.
Construction within the Oconaluftee River floodplain would raise concerns about potential increases
' in floodwaters on other nearby properties. Adverse socioeconomic effects would result from
1 relocation of existing land uses on the site. These uses include an elementary school, maintenance
shop and some BIA buildings. Relocation costs not withstanding, it would be difficult to justify the
i removal of a functional elementary school when sites that would not require similar disruption, and
relocation expenses, are available. A material dump in the vicinity of the BIA road maintenance
shop would raise hazardous materials concerns (Bureau of Indian Affairs, 1994).
2.2.2 Hazel Saunooke Holding
This site of approximately 79 acres is located on US Route 19 East, about four miles east
of downtown Cherokee. Principal difficulties associated with the development of this site result from
its location, which is removed from circulation and infrastructure networks capable of serving a
I Project No. 16793 11 963119

large commercial development. Widening the roadway to provide appropriate access would be very
1 costly because of the distance involved, and would entail impacts to biological resources. Most of
the site is comprised of hilly topography, which limits the amount of usable area without massive
grading and deforestation.
1 2.2.3 Stacey and Valeria Saunooke Parcels
Located near US Route 19 and US Route 441 Bypass junction, this site is constrained by
' small size (approximately 9.6 acres) and access. The site itself is located on fairly level topography,
but the entry road would have to negotiate a steep downhill slope. It was determined that the steep
access road would be unsafe given the projected level of automobile traffic. Landform alteration
I necessary to implement the road would result in adverse visual aesthetic effects. The steepness
of the road grade would also pose potential public safety impacts due to the difficulty of accessing
the road by vehicles such as fire engines. This site would be prohibitively expensive to develop due
to the cost of roadway construction and because the small size of the parcel would require
structured parking. The grading necessary for road construction would result in extensive loss of
currently forested areas.
1 2.2.4 Lucille Beck Site
This 21.6-acre site is located on US Route 19, some four miles west of downtown Cherokee.
i It is removed from lodgings, restaurants, utilities, and other amenities of the community, thereby
posing potentially significant land use and socioeconomic effects. Widening the roadway to provide
appropriate access would be very expensive.
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The Beck property contains the Birdtown mound (31 SW6) and the Birdtown village site
(31 SW7). Little is known of the prehistory of the sites, due to excavations by the Valentine family
during the 1800s which left the mound almost entirely razed. Surface collections yielded an
abundance of Qualla ceramics, faunal material, burned daub, charcoal, shell fragments and a limited
number of Anglo-American artifacts from the area just northeast of the mound. Artifactual materials
suggest the densest occupation of the property was during the protohistoric/early historic Cherokee
period. This site is eligible for the National Register under Criterion D; 31 SW7 is one of the few
large late-prehistoric/protohistoric village sites which remains intact in the Tuckasegee/Oconaluftee
drainages. The potential for human remains is significant (Museum of the Cherokee Indian, 1995).
2.2.6 Boundary Tree Lodge
Located along US Route 441 on approximately twenty acres of historic Tribal land, sloping

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topography, and access are substantial constraints on this site. This hillside parcel sits at the
northern end of the commercial area along US 441 in downtown Cherokee. This area is heavily
congested with traffic during the tourist season. Upgrading the roadway to improve access and
traffic flow would be costly, would deny business access for an extended period, and would likely
require a number of businesses to be relocated. The site is smaller than would be desirable. The
site contains several buildings that are in excess of 50 years in age. These buildings would require
evaluation and may be eligible for the National Register of Historic Places.
2.2.6 Wildlife Refuge
With over 5,500 acres in this area near the Blue Ridge Parkway, land availability within the
wildlife refuge is unconstrained. There is no infrastructure, however, roadway access is poor, and
Project No. 16793 13 963119

I amenities are located several miles away. Significant adverse effects to wildlife habitat would result
' from use of this site. It would be impossible to justify the environmental impact of constructing a
gaming facility in a wildlife refuge when there are other less damaging alternatives available.
j
2.2.7 Edward Huskey Site
This is a 94.4-acre parcel located near Spray. Ridge, at the end of Yellow Church Road. The
site is on rolling topography and lacks adequate access and infrastructure for a gaming facility. The
! site, after historic use for farming, has in recent years been allowed to return to forest. Some
residences are also present on the parcel. Massive grading would be required to extend adequate
access to the site, as it is removed from improved roadways. Habitat losses would likely result from
the clearing of existing vegetation. Adverse socioeconomic effects would result from residential
relocations. In comparison to some of the other alternate locations, the development costs of this
site would be considerably greater.
The three sites that were carried forward for a more detailed feasibility analysis include the
Henry Site (located on US Route 441 Business Bypass), the Magic Waters Site (located at the
intersection of US Route 441 Business/Bypass and US Route 19) and the James Cooper site
(located on US Route 19 West). These sites are discussed below.

2.3 Henry Site

1 The Henry Site is located at the intersection of US Route 441 and Route 441 Business. It
is approximately one mile south of downtown Cherokee, and covers approximately 24.5 acres. The
site sits on higher ground bordered on the east, south and west by a bend in Soco Creek formed
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as the stream makes an abrupt change in course to the north towards its junction with the
Oconaluftee River. Scattered residences dot the slopes to the north of the site. There are no
existing structures on the site. Vegetation is limited mainly to grasses and weeds due to clearing
activities of the recent past.
There are several factors that argue for use of the Henry Site. It has relatively good
roadway access given the recently improved state of US 441 and the intersection with 441
Business. It is very well insulated from any conflicting land use, situated as it is near the
Reservation boundary without surrounding development. Patrons accessing the site would not
conflict with traffic patterns in downtown Cherokee.
A small wetland mitigation area is present in the southwest corner of the site bordering US
Route 441. Although jurisdictional wetlands, including the mitigation area, total less than one acre,
the Corps would need to review any displacement of existing jurisdictional areas on site. The US
Fish & Wildlife Service (USFWS) lists no threatened or endangered species for this site. The SHPO
reports that there are two reported archaeological sites of potential significance on the sites. These
sites are believed to be "Removal Era Homesteads" occupied by Cherokee Indians just prior to the
Trail of Tears event. The extent to which these resources have been impacted by NCDOT grading
and filling activities associated with the recent widening of US 441 is unknown. Substantial
subsurface cultural resource investigations would be required prior to any further planning for a
gaming facility on this site.
The size and configuration of the property is a major development constraint. The total area
for this site is approximately 24.5 acres. It is divided into three tracts by the major roadways,
thereby limiting the developable area on any one parcel. The eastern-most parcel, consisting of
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approximately six acres on the east side of 441 Business, is within the Soco Creek floodplain. It
would be difficult to accommodate the proposed gaming facility and ancillary development. The
limited size of the site is exacerbated by the wetland mitigation area, land that would be needed for
stormwater detention, and land (approximately two acres) that would be required by the electric
utility company to locate a substation adjacent to the gaming facility. A multi-story parking structure
would likely be required, thereby substantially increasing development costs. Signals would be
required at the entrances to the proposed gaming facility site and at the junction of Route 441 and
Route 441 Business.
2.4 Cooper Site
This site is located approximately 1000 feet west of US Route 19 West and Route 441
Bypass intersection, about one mile west of downtown Cherokee in Swain County. The
approximately 39-acre site is bordered on the west and south by the Oconaluftee River. More than
75% of this site is open pasture land/floodplain. To the north and east of the site, the terrain rises
steeply, in some areas up to 125 feet above the floodplain. There are a few homesites scattered
along the heavily wooded mountainsides to the north and east, and four motels border the site on
the west.
Jurisdictional wetlands on the site occupy less than one acre, but this site is the previously
permitted location of a wetlands mitigation area that has not yet been constructed. Much of the site
is within the Oconaluftee River floodway or floodplain. Extensive fill in these areas would be
necessary, requiring an extensive FEMA review process. The USFWS lists no threatened or
endangered species; however, one federal candidate species, the olive darter (Percina squamata)
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is known from the Oconaluftee River, which borders the site. While this species is not legally
protected under the Endangered Species Act, it may become protected at some future time.
A significant archaeological resource, site 31SW17, is present on the Cooper site. The site,
recorded in the 1960s, contains abundant cultural features and material, but is not documented as
a historic Cherokee occupation locale. Two major occupation areas lie within this floodplain site.
The largest component is a late prehistoric/protohistoric village site (measuring 120m by 50m)
situated on the long ridge near the river. This component is comprised of a relatively high density
of intact postmold features overlain by middens and A horizon plowzones containing ceramics and
charcoal. Early and Middle Woodland occupations are indicated, but the densest occupation was
during the Qualla phase. The second occupation area at 31SW17 contains abundant Woodland
period material in the buried A horizons/alluvial deposits, and possibly contains associated pit and
structure features. Staff of the Cherokee Museum has reported to the SHPO that the site has a
high potential for containing burials. The site is eligible for the National Register under Criterion D,
and preservation of the cultural deposits appears excellent; thick alluvial sediments overlay and
protect the majority of the archaeological features, and the site has been disturbed only by plowing.
Extensive additional subsurface testing and mitigation would be required in the event this site was
selected for development.
Increased traffic volumes from the proposed project would require extensive roadway
improvements. Route 19 would possibly have to be upgraded from its junction with US 441 to a
point beyond the past the site entrance (assuming site access is off US Route 19). In order for the
site to be accessed from US 441, additional properties would have to be acquired. Construction
of site access roads would be expensive due to differences in elevations and steep intervening
slopes. Road construction, requiring blasting through rock, would be expensive. Right and left turn
Project No. 16793 17 963119

lanes would have to be added to US 441 Business, and signals would be required at the two
entrances.

2.5 Magic Waters Site
The alternative site evaluation studies prepared by both the BIA (1994) and EH&A (1995a)
concluded that the Magic Waters site was the preferred site for gaming facility development. The
site is located approximately 3/4 mile southeast of downtown Cherokee in Jackson County. The
i site fronts the north side of US Route 19, at the intersection of US Route 441 Business, and

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encompasses approximately 37 acres (Figure 4). It is bounded on the north by steep topography
and Stillwell Branch Road. The western boundary is adjacent to commercial property and the
eastern boundary borders on rough topography and scattered residences. The site is bordered on
the south by Soco Creek, which runs between the site and US Route 19. The central portion of the
site contains a small man-made pond of approximately 4.25 acres. Once a frontier amusement
park, the eastern portion of the Magic Waters site contains various small, deteriorating, wood-frame
and block buildings. Subsequent to use as a frontier park, the site was utilized as a water theme
park, hence its name. The west-central portion of the site was, until recently, a large parking lot.
The asphalt was removed to facilitate subsurface archaeological testing. The western portion of the
site is dominated by grassy fields. A motel and several greenhouses are located at the extreme
eastern end of the site. Very little woody vegetation is present due to previous uses of the site.
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1 2.5.1 Magic Waters Site - Original Configuration
1 The originally proposed gaming facility at the Magic Waters site was to be centrally located
on the site. Two access drive bridges across Soco Creek were proposed. Parking was to be
located to the east and west of the gaming facility building.

After initiation of environmental impact analysis of a centrally located gaming facility on the
Magic Waters site, it was determined through Phase II archaeological testing that the proposed
' building location was underlain by a significant cultural resource. The resource, detected as part
of Phase I reconnaissance but initially not thought to be significant, was found to be a prehistoric
habitation site eligible for listing on the National Register of Historic Places. This discovery led to
the redesign of the proposed project, which resulted in the currently proposed gaming facility
configuration at the east end of the Magic Waters site.
2.5.2 Magic Waters Site - Eastern (190,000 square feet) Alternative Configuration
I As a result of the potential adverse impacts to cultural resources described under 2.5.1
above, different structure siting options on the Magic Waters site were analyzed. This analysis
culminated in a decision to shift the gaming facility to the eastern-most portion of the site. Initially,
a gaming facility comprising 190,000 square feet which duplicated, but reconfigured, the initially
proposed facility was designed. The structure would be situated in the eastern-most portion of the
Magic Waters site. The structure's building area would consist of 82,100 square feet of gaming
space; 43,200 square feet of food service, retail, and other commercial uses; 15,000 square feet
of administrative office area; a 10,000 square foot child care facility; and a total of 39,700 square
feet of "back of house" space.
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2.5.3 Magic Waters Site - Preferred (175,000 square feet) Alternative Configuration
Clarification of the scope of gaming permitted under the compact between the Tribe and the
state of North Carolina resulted in a small reduction in projected patronage. As a result of this
adjustment downwards, a small reduction in the size of the facility was warranted. As now proposed
the Cherokee Indian Gaming Facility would consist of a building pad of 175,000 square feet (Figure
5). Approximately 60,000 square feet of Class III gaming space would be created. Gaming support
areas, including restrooms, cashiers, valets, etc., would total approximately 15,600 square feet.
Food service and entertainment would comprise 41,300 square feet. A 7,500 square foot child care
facility will be constructed. The "back of house" support space will comprise 37,100 square feet.
An office area of 13,500 square feet will be constructed.
The total development area would total approximately 1,122,000 square feet, or

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approximately 25.75 acres. The development would feature parking spaces for 1,800 automobiles
and 10 buses. Access to the site would be accomplished via a single widened bridge across Soco
Creek. The bridge would connect to the U.S. 19/U.S. 441 Business intersection.
In order to implement the proposed gaming facility, a number of other site improvements
would be undertaken. The existing dilapidated wooden buildings on the site would be removed.
widened. The reconfigured entrance would be signalized.
As discussed above, the existing bridge providing access to the site would be reconstructed and
Construction of the complex would require the site to be graded. This alteration of the
topography will not be significant. It would be engineered to provide for stormwater management
and would conform with Tribal and FEMA regulations with respect to floodway and floodplain
Project No. 16793 21 963119

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modifications. Buffer areas along the exterior boundary, as well as islands within the parking lot,
would be landscaped with a variety of trees and shrubs. Wetland mitigation areas would be
incorporated into the stormwater detention basins.
Due to previous commercial use, utility services are available at the site, but some
modifications would be required. An 8" loop around the site would need to be constructed. The
I Tribe has recently completed a new potable water treatment plant that will supply the proposed
project. A new sanitary lift station and approximately 1000 feet of new 12" wastewater line would
have to be constructed, including a crossing of Soco Creek. Present capacity at the Tribe's
wastewater treatment plant is insufficient to handle existing peak season flows, and could not
accommodate the discharge of the proposed project. Planning and permit acquisition for an
' expanded wastewater treatment facility with a capacity sufficient to accommodate the gaming facility
project, however, has been underway for some time. This planned expansion was needed
' regardless of the proposed project.
' With respect to roadway improvements, installation of a fully actuated traffic signal, with
' optimized phasing and timing matching changing traffic conditions throughout the day, would be
required at the US Route 19/US Route 441 Business intersection. Additional right- and left-turn lane
storage would be installed for US 441 Business northbound and US Route 19 westbound at the
intersection. An exclusive left-turn lane would be installed on US Route 19 eastbound approaching
the intersection. This lane would provide direct access into the site from the intersection. An
exclusive right-turn lane on to US Route 19 westbound from the site would be incorporated into the
widened bridge providing egress.

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Filling would be necessary on portions of the Magic Waters site to bring grades up to the
appropriate elevations for construction. The filled areas would include a small man-made pond
(approximately 4.25 acres), wetland vegetation around the periphery of the pond, as well as a
scattering of other jurisdictional areas. Aside from the pond, filled wetlands would amount to 0.9
acre of the approximately 1.23 acres of additional wetland vegetation on site. Appropriate permits
for this activity are being obtained from the Corps and any conditions made a part of the approvals
would be incorporated into the project design. ?(so?
During site clearing, old fuel storage tanks, small drums, debris piles and several pole
mounted transformers that are present on the site would be removed according to state and
federally prescribed procedures. Disposal of these materials would be at approved repositories and
therefore, the impact from this activity would be avoided.
2.6 No Action
The Cherokee gaming facility, as permitted by the compact entered into between the Tribe
and the State, would not be constructed under the No-Action Alternative. The proposed project site
would remain in its existing condition, characterized by deteriorating buildings over much of its
eastern portion. The potential socioeconomic and community benefits resulting from the proposed
project, as described in Section 4.9, would not be realized. These benefits include: new revenue
and job opportunities that would raise the standard of living for the Cherokee Indian Tribe;
decreased economic dependence on federal assistance at a time when funding for agencies such
as the BIA and the Indian Health Service is rapidly shrinking; increased funding for Tribal projects
benefiting the Tribe's social and physical infrastructure. The No-Action Alternative would leave the
property undeveloped and no new revenue or job opportunities would be generated.
' Project No. 16793
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' Under the No-Action Alternative, existing Tribal gaming operations, consisting of
approximately 17,500 square feet of gaming floor space and employment for 200 persons, would
' remain in operation.

2.7 Comparison of Alternatives
In selecting a project location, it was necessary to establish site selection criteria which
considered Tribal interests (maximum benefit to members), business interests and community

interests. The Tribe preferred a location close to the business district in Cherokee, hoping to
increase local merchants' trade by drawing gaming patrons to the downtown area. Additionally,
roadway and utility access were important, as roadway improvements and utility line upgrades can
I be expensive.

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In comparing the alternative sites strictly on the basis of environmental factors, each of the
alternatives is roughly equivalent. The acreages of jurisdictional wetlands on each site are
approximately the same; no threatened or endangered animals are listed for any of the sites; and
each of the three locations hold known archaeological areas of potential significance. While the
alternatives can be distinguished on the basis of varying demands upon certain types of
infrastructure, such as storm drainage or water conveyance pipelines, these differences are minor
and would in any case be mitigated through project-related infrastructure improvements. It is in the
areas of site acreage and the cost of site development that the principal distinctions in the varying
environmental impacts of the different alternatives can be made.
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t 2.7.1 Henry Site
I The location of this site would provide easy access to and from downtown Cherokee. This
site was not chosen, however, because of its limited size (24.5 acres divided into three pieces). It
would not be possible to locate the proposed gaming facility complex, associated detention ponds,
and necessary parking without a costly and visually imposing 6-8 story parking structure.
Development of the site would require displacement of an existing wetland mitigation area
development within the Soco Creek floodplain, and potential effects upon historic Cherokee
homesteads. Potential public safety impacts would arise from the need to circulate patrons among
three lots separated from each other by highways.
2.7.2 James Cooper Site
This site is also located conveniently to the town of Cherokee, but access to this site proved
to be economically unfeasible. Construction of site entry access roads would be expensive due to
differences in elevations, and road construction in rock would substantially add to the cost. The
' steep slopes present, and the occurrence of floodplain over extensive portions of the level portion
of the site render much of the site unusable. Approximately 15 acres are unencumbered. This
' would result in the likely need for extensive fill in the floodway and floodplain and for construction,
of a parking structure. Purchasing of adjoining property to obtain adequate access to the site from
Route 441 Business would likely be needed and is prohibitively expensive.

I Project No. 16793 26 963119

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2.7.3 Magic Waters Site
The selected site is located in close proximity to downtown Cherokee, is easily accessible,
and is of sufficient size at 37 acres. No environmental impacts are associated with the proposed
site that would be reduced or avoided by use of an alternative site. The site is underlaid by geologic
and soil conditions comparable to those at the other locations. Maintenance of hydraulic
conveyance in order to avoid on- and off-site flood effects requires analysis and incorporation into
site development plans at Magic Waters; this is also the case with the other two sites. All three
sites require provisions to maintain the quality of waters in Soco Creek and/or the Oconaluftee
River.

Any of the three sites analyzed in greater detail would require substantial traffic
improvements, as all three are located in an area already subject to high traffic levels and
constrained roadway capacities. Of the three sites, Magic Waters compares favorably due to the
history of commercial uses on the site and the relatively smaller magnitude of required
improvements. Indirect impacts resulting from traffic, i.e., air emissions and noise, are similar in all
' three instances. The Magic Waters site is superior to the Cooper site with respect to biological
resources, due to the proximity of the latter site to the Oconaluftee. The Henry site is comparable
' in that it also heavily impacted from previous development.

0
Significant cultural resources are present on the Magic Waters site, although measures are
incorporated into the proposed development to avoid adverse effects to these resources.
Archaeological records indicate that similarly significant resources are probably present at the other
two sites.
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Magic Waters is the superior site from a land use perspective, as it has historically been
used for commercial activities; a perpetuation of such a use is compatible with nearby uses in the
Painttown community.
Other environmental effects, such as those involving demands upon public utilities or
services, or those involving spinoff effects to socioeconomic conditions or growth inducement, are
essentially identical in all three cases. There are no adverse effects that would be avoided through
utilization of another site.
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3.0 AFFECTED ENVIRONMENT
3.1 Geology and Soils
The project site lies within the geologically complex Blue Ridge
Belt, a part of the Southern Appalachian Mountains physiographic region. In general, the region is
' underlain by two series of rocks which have been altered by movement along the Murphy Fault.
This is one of the many thrust faults that are associated with the major tectonic event that formed
the Appalachian Mountains during the late Paleozoic Era, 180 million years ago (NCDOT, 1983).
The two series of rocks underlying the region are the Great Smoky Group and the Murphy
Belt Sequence. The Great Smoky Group is part of the thick Ocoee Series of clastic sedimentary
' rocks deposited during Paleozoic time. Thickness ranges up to 25,000 feet. The Murphy Belt
Sequence represents a decidedly different metasedimentary series. These sedimentary rocks
include gneiss, schist, slate and quartzites.
. Physiography in the project vicinity is mountainous, rising from an elevation of approximately
' 2,000 feet above mean sea level (msl) at Tribal Headquarters to over 5,000 feet at Soco Bald, about
eight miles away. Flat land for farming or development is very limited and confined to narrow bands
' along rivers and major tributary streams.
' The Magic Waters Site is located on one of these relatively flat areas, within and adjacent
to the floodplain of Soco Creek. A recent report of soil and subsurface conditions on the site (Soils
and Materials Engineers, 1995) states:

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The site is expected to be underlain by alluvial soils deposited by flooding of the
adjacent Soco Creek. The alluvium in this area typically consists of upper layers of
clayey silt which transition with depth to silty sand. ...[T]he alluvial soil matrix
contains gravel, pebbles, and small boulders.... The alluvial soil layer could be as
shallow as three to five feet or as deep as about fifteen feet in parts of the site. The
diameter of the individual cobble/boulder pieces normally ranges from about three
to eighteen inches. Beneath the alluvial soil and stone layers, residual soils, which
formed by decomposition of bedrock in the geologic past, are usually encountered.
The parent rock type in this geologic area is late to middle proterozoic biotite granitic
gneiss.
Soil testing and background research shows the Magic Waters Site to contain floodplain
deposits with underlying clay and recent fill materials (Soils and Materials Engineers, 1995). Soils
on the site include Udorthents urban land complex and Dillard loam in addition to the fill. These
soils rarely flood and are moderately well drained. The seasonal high water table is approximately
2-3 feet below ground surface.
3.2 Drainage
The Cherokee Reservation is located in a region of North Carolina that includes the

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headwaters of many small springs and streams within a portion of the Tennessee River drainage.
High elevations and steep slopes combine with ample rainfall to form cold, swift flowing streams.
One of these is Soco Creek, which forms the southern margin of the project site. In turn, Soco
Creek flows to the largest water course on the Reservation, the Oconaluftee River.
Very little remains of the natural drainage patterns across the project site. The course of
Soco Creek was straightened and confined in the past along the southern boundary of the site,
presumably in association with the improvement of US Route 19. Prior development activities have
added fill and leveled the western side of the property. As there are no local guidelines or
Project No. 16793 30 963119

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requirements for stormwater management in effect, there is no documentation concerning existing
drainage quantities. The central portion of the Magic Waters site was until recently covered by a
nine-acre parking lot. Prior development also created a man-made 4.25 acre pond which intercepts
the flow of Stillwell Branch and another unnamed stream; both of these watercourses at one time
flowed in a generally southwest direction across the central portion of the site to a empty into Soco
Creek. Drainage from all areas of the project site is toward Soco Creek, with a general flow from
east to west. There are no stormwater utilities on the site, with the exception of a small overflow
pipe allowing discharge from the man-made pond to Soco Creek.
According to FEMA mapping (Panel No. 370401-0014B, 1989), portions of the project site
lie within the 100-year floodplain and floodway of Soco Creek. These areas include much of the
southern half of the western portion of the site and the man-made pond. However, a comparison
of U.S.G.S. topographic mapping of the site (upon which the FEMA floodplain mapping is based)
with more recent topographic mapping indicates that much of the site has been filled subsequent
to the time that U.S.G.S. mapping was prepared. Inquiries with the Tribe confirmed that the site
received a considerable amount of fill during construction of the Magic Waters theme park (Eddie
Almond, personal communication). This would suggest that FEMA floodplain data for the site is not
accurate, a condition confirmed by EH&A flood modeling (Espey, Huston & Associates, 1996).
3.3 Water Quality
As stated earlier, Soco Creek forms the southern limit of the project site and is the largest

1

stream in the immediate vicinity of the proposed activity. According to the Classifications and Water
Quality Standards Applicable to Surface Waters of North Carolina (North Carolina Department of
Environment, Health, and Natural Resources, 1995), Soco Creek is classified Class C waters, that
Project No. 16793 31 963119
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is, fresh waters protected for secondary recreation, fishing, wildlife and aquatic life including
propagation and survival. It also carries a supplemental classification as trout waters (fresh water
protected for natural trout propagation and survival of stocked trout).
Since the Tribe is not subject to state water quality classifications or standards for streams

or segments of streams within the Reservation, the Tribe is developing its own set of water quality
classifications and standards. The draft regulations (Eastern Band of Cherokee Indians, 1995) are
under review by the Cherokee Tribal Council and provide for:
...protection for the surface waters within the exterior boundaries of the Cherokee
Indian Reservation, Cherokee, North Carolina. The Tribal Government has a
primary interest in the protection, control, conservation and utilization of the water
resources located on the Reservation. The enacted standards ... protect and
' preserve some fifty-nine streams and their tributaries for primary and secondary
recreation, fish, wildlife and as a public water supply.

1

1

The Tribe classifies Soco Creek as a Class 1 stream (Eastern Band of Cherokee Indians,
1995). This "use designation" allows primary contact recreation, ceremonial and religious water use.
The quality of water in this classification is suitable for "...recreational purposes involving prolonged
contact and the risk of ingesting water in quantities sufficient to pose a health hazard; such as
swimming and water skiing, religious or traditional purposes by members of the Cherokee Tribe;
such as involves immersion, and intentional or incidental ingestion of water, and the protection of
sensitive and valuable aquatic life and riparian habitat. The waters shall also-be suitable for use
in classifications of lower quality."
Similar to the state classification, the Tribe also has a "trout waters" designation, but has not
assigned that designation to Soco Creek.
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Ambient water quality data have been collected by the Tribe from several locations on Soco
Creek over the past few years. The sampling location closest to the project site is approximately
1/4 mile downstream. Water quality data from this station show water quality characteristics that
are consistent with a cold water mountain stream whose drainage is largely undeveloped, but is
periodically influenced by runoff from human activities. The dissolved oxygen is consistently high
and the pH is well within the optimal range (6-9) for a healthy aquatic environment. Turbidity is low,
as is the organic loading and suspended solids. The temperature only infrequently exceeds 20° C.
Coliform bacteria (total and fecal) are generally low, but on occasion will rise to moderately high
levels as a result of the surcharging of storm sewers during periods of heavy rain.
3.4 Traffic Circulation
3.4.1 Background
Several recently completed technical studies have focused on various aspects of traffic
circulation on the Cherokee Reservation. These studies include Kimley-Horn (1993, 1994a, 1994b),
Post, Buckley, Schuh & Jernigan (PBS&J) (in Robert and Company, 1995), and EH&A (1995b).
The Kimley-Horn studies were part of an on-going effort which culminated in an overall
provided information regarding baseline traffic conditions on the Reservation, both in terms of
Transportation Plan to guide future road improvements on the Reservation. The initial study (1993)
existing roadway configurations and traffic levels. The second study (1994a) provided projections
regarding future traffic conditions and identified areas of deficiency. The final study (1994b)
comprises the actual Transportation Plan. It is intended to guide Tribal input into the process by
which future road improvements are planned both by the BIA and by NCDOT.
Project No. 16793 33 963119

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PBS&J (in Robert & Company, 1995) focused in upon the traffic circulation ramifications of
a gaming facility on the Cherokee Reservation. Two potential gaming facility sites, consisting of the
Magic Waters and the Henry Sites, were examined in the PBS&J study. Two alternative access
configurations for the Henry Site were analyzed.
The most recent traffic circulation study is that prepared by EH&A (1995b) in conjunction
with this EA. The study includes both an updated assessment of existing traffic circulation
conditions on the Reservation and a more detailed assessment of the potential effects of the
proposed gaming facility on roadways and intersections in the project vicinity, as well as certain
improvements necessary to avoid adverse effects upon local traffic circulation. Data utilized in the
preparation of the traffic circulation analyses is derived from several sources and requires some
explanation. EH&A staff collected 1995 intersection volume counts during the Labor Day weekend,
a period characterized by the highest traffic volumes of the year. It was originally intended that
roadway segment counts, to have been performed by NCDOT in late August, 1995, be utilized in
the analysis. As a result of equipment failure, however, the NCDOT counts proved unavailable.
Existing roadway segment volumes used in this document are extrapolations from the Labor Day
weekend intersection count data supplemented by summer 1994 NCDOT segment counts (NCDOT,
1995).
3.4.2 Regional and Jurisdictional Setting
As is summarized by PBS&J (in Robert & Company, 1995), the town of Cherokee, which
is the administrative and social center of the Reservation, is located in the heart of the Great Smoky
Mountains in western North Carolina. It is situated at the junction of US Route 441 North and US
Route 19. The town serves as the eastern gateway to the Great Smoky Mountains National Park,
Project No. 16793 34 963119
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and is a major tourist destination in its own right. Primary access to Cherokee is provided via US
19 and US 441. US 441 provides access to Cherokee from all directions (via 1-274 east and west);
US 19 provides access from the east and west.
The initial Kimley-Horn study (1993) provides a general overview of traffic movements on

LJ

the Reservation as well as seasonal variations in traffic levels. Major thoroughfares providing for
movements within, around, and through the town of Cherokee include US 19, US 441 Business, Old
US 441 and US 441 North (Figure 6).
Three independent governmental entities provide and maintain roads within the Reservation
area. NCDOT maintains the numbered US Routes (US 19 and US 441 outside the National Park)
and a few designated secondary roads, including Aquoni Road, Old US 441, Hospital Road, Olivet
Road, and Old Mission Road. The National Park Service maintains US 441 within the Great Smoky
Mountains National Park boundaries and the Blue Ridge Parkway. All other public roads within the
Reservation are maintained by the Bureau of Indian Affairs (BIA), through their Cherokee office
(Kimley-Horn, 1993).
3.4.3 Intersection Levels-of-Service
As stated above, EH&A conducted manual traffic movement counts at each project vicinity
intersection over the Labor Day, 1995 weekend. This weekend is traditionally characterized by the
highest traffic volumes of the year. Based upon these counts, a Level-of-Service (LOS) analysis
was performed for each intersection. LOS refers to the operational conditions within a traffic stream
at an intersection or a road segment, and motorists' perceptions in terms of delay, safety, traffic
interruptions, freedom to maneuver, convenience and comfort. There are six LOS capacity
Project No. 16793 35 963119

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conditions designated from "A" to "F." Los A represents a free-flowing, optimal condition and LOS
F represents a highly congested condition. The roadway and intersection capacity analyses were
conducted in accordance with the 1994 Highway Capacity Manual (Federal Highway Administration).
The intersections analyzed include the signalized junctions of US 19 with US 441 Business,
t US 19 and Old US 441, US 19 and US 441 North, and US 19 with US 441 South. The unsignalized
intersections analyzed include the junctions of US 19 with Aquoni Road and Hospital Road; and the
junctions of US 441 South with Old US 441 (see Figure 6). The LOS for the signalized intersections
is summarized in Table 3.4-1. Please note that for signalized intersections, an LOS calculation can
be made for the intersection as a whole. For unsignalized intersections, an LOS value must be
t calculated for each turning movement.
The US 19/441 Business intersection which is signalized and provides access to the Magic
' Waters site, currently operates at LOS B during the peak period. The other three signalized
intersections operate at LOS C or better during the periods analyzed.

I

Table 3.4-1
Signalized Intersection Capacity Analysis
Intersection Existing LOS
US 19/441 Business B
US 19/US 441 B
US 19/US 441 North C
US 19/US 441 South B
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The unsignalized intersections in Cherokee are currently experiencing higher vehicular
delays and lower LOS than the signalized intersections. The LOS at unsignalized intersections is
depicted in Table 3.4-2.

Table 3.4-2
Unsignalized Intersection Capacity Analysis
Lane Group Existing LOS
US 19 and Aquoni Road
Aquoni Road Northbound Left E
Northbound Through E
Northbound Right B
Aquoni Road Southbound Left F
Southbound Through D
Southbound Right B
US 19 Eastbound Left B
Westbound Right A
US 19 and Hospital Road
Hospital Road Southbound Left C
Southbound Right A
US 19 Eastbound Left A
US 441 South and US 441 Business
US 441 Business Southbound Left E
Southbound Right A
US 441 South Eastbound Left A
US 441 South and Old US 441
Old US 441 Northbound Through D
Northbound Right B
Southbound Left B
Southbound Through B
Southbound Right A
US 441 South Eastbound Left A

11 Westbound Right A
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Intersection movements with unacceptable LOS at the unsignalized intersections in the
Cherokee vicinity are generally those where turning movements are made across major roadways.
This situation is exemplified at the intersection of Aquoni Road and US 19. Through movements
and those turning movements that cross US 19 traffic lanes from Aquoni Road and from the
driveway forming the southern axis of the intersection are all characterized by LOS D or lower. US
1 19 and Aquoni Road experience the highest delays, and the worst LOS of any intersections in
Cherokee. The southbound left turn lane currently operates at LOS F and large traffic queues exist.
1 An LOS E is experienced by the southbound left turn lane of US 441 Business at the intersection
with US 441 South. NCDOT plans to install a traffic signal shortly which will reduce the southbound
delays and improve the overall operating conditions at this intersection.
1

3.4.5 Road Segment Level-of-Service
LOS calculations were made for roadway segments. Existing traffic volumes and resulting
LOS designations for roadway segments during a typical summer weekend peak period are reported
in Table 3.4-3 below. All roadway segments are operating at an acceptable LOS.

Table 3.4-3
Existing Roadway Segments
Level of Service
Existing Traffic Existing Level-of-
Roadway Segment Volume (vtd) Service
US 441 Business 6,400 A
Between US 441 South & US 19
US 19 400
9 B
Between US 441 Bus & Old US 441 ,
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Table 3.4-3
Existing Roadway Segments
Level of Service
Existing Traffic Existing Level-of-
Roadway Segment Volume (v/d) Service
us 19 15,300 A
Between Old US 441 & Aquoni Rd.
US 19 12,200 B
Between Aquoni Rd. & US 441 N
US 19 8,900 A
Between US 441 N & Hospital Rd.
US 19 9,500 A
Between Hospital Rd. & US 441 S
US 441 South 4,400 A
Between US 19 & Old US 441
Old US 441 3,600 A
Between US 441 South & US 19
US 441 South 8,200 A
Between Old US 441 & US 441 Bus
3.5 Noise
Noise is basically defined as unwanted sound. While most of the Cherokee Reservation is
mountainous and rural in character, the narrow valleys containing development, such as Painttown
and the other communities comprising greater Cherokee, are urbanized. In such areas roadway
noise is typically the dominant noise source. Roadway noise is usually a composite of noises from
engine exhaust, drive train, and tire/roadway interaction from a moving source.
Most individuals in urbanized areas are exposed to fairly high noise levels from many
sources as they go about their daily activities. Over a period of time, individuals tend to become
Project No. 16793 40 963119

accustomed to the noises that intrude into their lives, particularly if noises occur at predicted
intervals and are expected. The degree of disturbance or annoyance of unwanted sound depends
essentially on three things: 1) the sound pressure and nature of the intruding noise, 2) the
relationship between the background noise and the intruding noise, and 3) the type of activity
occurring where the noise is heard.
Noise levels are discussed here in terms of Leq. The Leq, or equivalent sound level, is the
' level of constant sound that, in a given situation and time period, has the same energy as does
time-varying sound. In other words, the fluctuating sound levels of traffic noise are represented in
' terms of a steady noise level with the same energy content.

3.6.1 Existing Noise Levels
Existing noise levels in the proposed project vicinity were measured with a noise meter at
eleven noise-sensitive sites in the study area during October 1995 (Espey, Huston & Associates,
1995c). These sites were selected to be representative of noise-sensitive land uses that are most
likely to be affected by project noise adjacent to the major thoroughfares. A summary of the noise
measurement locations and results is presented in Table 3.5-1. At each of the sites measurements
of twenty minutes duration were made.
fi

Table 3.6-1
Noise Measurement Data
Cherokee, NC
Noise Level

Site
Location
Description
(dBA, Leq)
I
1 US 19 between Old US 441 and US 441 Bus. at SFR 66.2.
El Camino Motel and a residence
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Table 3.5-1
Noise Measurement Data
Cherokee, NC
Noise Level
Site Location' Description (dBA, Leq)
2 US 19 east of US 441 Bus. at Cherokee Motel Motel 62.9
3 US 441 Bus. north of US 441 South at a SFR 59.8
residence
4 Tee Pee Dr. 150' south of US 441 South at a SFR 51.7
residence
5 Old US 441 near US 441 South at Riverview Campground 58.9
Campground
6 US 441 South near US 19 at a residence SFR 61.1
7 Hospital Road at Cherokee Indian Hospital Hospital 51.4
8 US 19 near US 441 North at Cherokee Baptist Day Care 63.1
Church Childrens Day Care
9 US 441 North near US 19 at Cherokee School 60.4
Elementary School
10 Aquoni Road at the Cherokee Police Station Police 60.8
Station
11 US 19 near Aquoni Road (downtown) across Motel 68.5
from Cherokee Plaza Motel
Note: SFR - Single Family Residence
Measured noise levels varied from a high L,q of 68.5 dBA at US 19 near downtown, to a low
L,q of 51.7 dBA on Tee Pee Drive off of US 441 South. The dominant source of measured noise
in the study area is traffic on roadways. Additional prominent sources were bird activity and
babbling streams. These measurements characterized existing noise levels in the study area, but
were not necessarily representative of peak-hour conditions.
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3.6 Air Quality
Implementation of the federal Clean Air Act is delegated to regulatory bodies in the
respective states. In North Carolina, the state agency charged with the monitoring and regulation
of air quality is the North Carolina Department of Environmental Health and Natural Resources
(NCDEHNR). The NCDEHNR monitors compliance with both the National Ambient Air Quality
Standards (NAAQS), and with state regulations. The pollutants included in the standards are
referred to as EPA "criteria emissions." The NAAQS and North Carolina standards are compared
in Table 3.6-1.
Table 3.6-1
Summary of North Carolina and National
Ambient Air Quality Standards
National National
Primary Secondary North Carolina
Pollutant Time of Average Standard Standard Standard
TSPa Ann. Geo. Mean 75 pg/m3 None 75 pg/m3
24 hour 260 pg/m3 150 pg/m3 150 pg/m3
PM-10 Ann. Arith. Mean' 50 pg/m3a Same as primarye 50 pg/m3e
24 hour a.c 150 pg/m3e Same as primarye 150 pg/m3a
SO2 Ann. Arith. Mean 80 pg/m3e None 80 pg/m3
24 hour 365 pg/m3a None 365 pg/m3
3 hour None 1300 pg/m3 1300 pg/m3
NO2 Ann. Arith. Mean 0.53 ppm Same as primary .053 ppm
CO 8 hourb 9 ppm None 9 ppm
1 hour 35 ppm None 35 ppm
03 1 hour` 0.12 ppm Same as primary 0.12 ppm
Pb Quarterly Arith. 1.5 pg/m3 Same as primary 1.5 pg/m3
Meanb 1 11
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Table 3.6-1
Summary of North Carolina and National
Ambient Air Quality Standards
The National Total Suspended Particulate (TSP) standards were replaced by National Particulate Matter-10
micrometer, aerodynamic diameter (PM-10) standards on 31 July 1987 by EPA. The North Carolina PM-10
standard is effective 1 July 1988.
b Not to be exceeded more than once per year.
Not to be exceeded on more than an average of one day per year (four days with an exceedance at a site in
three years or less is a violation).
,Ug/m' - micrograms per cubic meter of air.
ppm - parts per million.
microgram - one millionth of a gram, where 454 grams = 1 pound.
Source: Air Planning and Environmental Standards Branch, Environmental Management Division, NCDEHNR.
3.6.1 Regional Air Quality
For compliance monitoring purposes, the state is subdivided into regions. A county within
a region is classified as being in "attainment" or "non-attainment" for each criteria emission. Each
state maintains a State Implementation Plan (SIP) which delineates the manner in which attainment
in all areas is to be achieved. The SIP contains measures to be applied in counties that are in a
non-attainment status for one or more criteria emissions. The project is located within the
Appalachian Air Quality Control Region of North Carolina. The project vicinity is within both Jackson
and Swain Counties. While there are no permanently maintained air monitoring stations in Jackson
or Swain, both are classified by the NCDEHNR as in attainment for all criteria emissions. The
current SIP does not contain any control measures for Swain or Jackson counties and they are
considered to be in conformance.
3.6.2 Local Air Quality
Air pollution results from many sources. The principal source of air emissions in the
proposed project vicinity is internal combustion engines. Principal pollutants of motor vehicles
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consist of carbon monoxide (CO), nitrogen oxide (NO), hydrocarbons (HC), and particulate matter
(PM10) (listed in order of decreasing emission rate).
The most prominent pollutant emitted from automobiles is carbon monoxide. For this
reason, most analyses performed on automobile pollution in a localized area focus upon CO levels
as an indicator. In order to determine the ambient CO concentration at a receptor near a highway,
two concentration components must be used: local and background. The local component is due
to CO emissions from cars operating on highways in the near vicinity (i.e., distances within 500 feet)
of the receptor location. The background component is due to CO emissions from cars operating
on streets farther from the receptor location and non-transportation sources of this pollutant.
The local component of CO emissions was determined using line source computer modeling
and the background component was provided by the NCDEHNR. Consultation with the Air Planning
and Environmental Standards Branch, Environmental Management Division, NCDEHNR, indicated
that an ambient CO concentration of 1.9 ppm is suitable for most urban areas in North Carolina.
Given the very limited geographic extent of urban level development in the Cherokee vicinity, this
is a very conservative assumption with respect to CO levels in the project area.
The line source modelling used to predict the carbon monoxide concentration at the
proposed right-of-way limits is the "Caline 3 - A Versatile Dispersion Model for Predicting Air
Pollutant Levels Near Highways and Arterial Streets." Inputs into the mathematical model to
estimate hourly CO concentrations consisted of an at-grade roadway under normal conditions with
existing peak traffic volumes, vehicle emission factors, and meteorological parameters. Vehicle
emission factors were calculated for the existing traffic counts and predicted traffic counts using the
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EPA Mobile Emission Factors. The modeling analysis was performed for a worst-case condition
using winds blowing parallel to the roadway.
Existing traffic volumes with parallel wind conditions could result in a maximum one-hour CO
concentration of 3.0 ppm for existing traffic (Espey, Huston & Associates, Inc., 1995d). Comparison
of the predicted CO concentrations with the National and North Carolina Ambient Air Quality
Standards (maximum one hour, 35 ppm; 8-hour average, 9 ppm; see Table 3.6-1) indicates no
violation of these standards.
3.7 Biological Resources
of extreme diversity in forest habitats. Included within this ecoregion are mixed deciduous
The location of the proposed gaming facility is in the Southern Appalachian forest, an area
hardwoods, boreal and transitional forests in the highlands, oaks and hickories scattered about and
pine woods at lower elevations. In fact, the greatest number of tree species in North America is
found in the Southern Appalachian forest (Sutton and Sutton, 1988).
3.7.1 Site Characteristics
' The project site lies at about elevation 2,000 msl, on a relatively narrow tract of flat land
adjacent to Soco Creek. As mentioned earlier, the natural topography has been altered through fill
' activities during prior development of an amusement and water theme park. Soco Creek, which
used to flow through the property, has been redirected to the west of its original location and now
1 flows along the southern border of the site adjacent to US 19. Along this southern border, the creek
' is deeply channelized and the land slopes steeply down to the water. Riparian vegetation is sparse
Project No. 16793 46 963119

and dominated by alder (Alnus sp.). The northern boundary lies along the base of a heavily
forested mountain. Two streams flow onto the property from the north. Stillwell Branch and an
unnamed stream empty into the 4.25 man-made pond which is a prominent feature on the eastern
half of the property.
A few species of wildlife were observed on the site during field investigations (see Biological
Survey Memo in Consultation Appendix). These included the American robin (Turrlus migratorius),
northern cardinal (Cardinalis cardinalis), mockingbird, brown wren, mourning dove, southern leopard
frog (Rana sphenocephala), and painted turtle (Chrysemys picta). Undoubtedly, the site supports
more birds and amphibians than reported here, as well as reptiles and small mammals. However,
the degree of disturbance from past development and the lack of substantial habitat severely limits
the site's ability to support an assemblage of plants and animals that are common to the adjacent
less disturbed lands to the north.
Scattered on the eastern portion of the site are cultivated red maple (Acer rubrum), oak
(Quercus spp.), pine (Pinus spp.) and sycamore (Platanus occidentalis) trees, broom straw
(Andropogon sp.) and other grasses (Poa spp.) in addition to the many dilapidated buildings of the
old Frontierland amusement park. The unnamed stream flowing to the pond is bordered by tag
alder, false nettle, jewel weed, smartweed, sedges and soft rush. Sycamore saplings, soft rush,
black needle rush, goldenrod (Solidago sp.), chickweed (Stellaria sp.) and wild blackberry are found
in various areas to the south. The western section of the property is covered by a regularly mown
7.5 acre field of grasses. A nine acre former parking lot lies to the east of the grassy field.
Although no in-stream data collection efforts were accomplished for this EA, it is expected
that Soco Creek supports healthy and diverse fish and invertebrate populations typical of other cold
Project No. 16793 47 963119

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I
water streams in this region. Therefore ichthyofauna would likely include at least the following
families: catostomids (suckers), centrarchids (sunfishes), cottids (sculpins), cyprinids (carps and
minnows), ictalurids (catfish and madtoms), percids (perches), petromyzontids (lampreys) and
salmonids (trouts).
3.7.2 Wetlands
EH&A biological staff delineated wetlands on the Magic Waters site (EH&A, 1995e) using
criteria set forth in the Corps of Engineers Wetland Delineation Manual TR Y-87-1 (US Army Corps
of Engineers, 1987). Jurisdictional wetlands totalling 1.23 acres were delineated and are shown on
Figure 7.
Wetland Area #1 is located in a low-lying drainage ditch in the northwest corner of the

F1

grassy field covering most of the western portion of the site. Willow saplings (Salix sp.), wool grass
(Scirpus cyperinus), soft rush (Juncus effusus), Lespedeza sp. and several grasses (Poa spp.) are
present in this area, which totals 0.27 acre.
Wetland area #2 occurs adjacent to the northeast corner of the former asphalt lot. It is
formed by the intersection of Stillwell Branch with a drainage ditch. This 0.11-acre wetland holds
cattails (Typha latifolia), soft rush, black needle rush (Juncus roemerianus), jewel weed (Impatiens
capenis), wild blackberry (Rubus sp.) and kudzu (Pueraria lobata).
The man-made pond is bordered by a narrow fringe of wetland vegetation (Wetland Area
#3). The 0.29-acre are of wetland vegetation comprising the pond periphery is comprised of small
willow trees, tag alder shrubs (Alnus serrulata), soft rush, black needle rush, spike rush (Eleocharis
Project No. 16793 48 963119

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obtusa), sedges (Carex spp.), climbing buckwheat (Polyganum cilinoide), smartweed (Polygonum
pennsylvanicum), false nettle (Boehmeria cylindrica), fescue (Festuca sp.), jewel weed and wild
blackberry.
Wetland Area #4 is the channel and banks of the drainage ditch and Stillwell Branch tributary
running along the northern edge of the eastern portion of the Magic Waters site. The tributary,
which extends northwards offsite, is bordered by tag alder, false nettle, jewel weed, smartweed,
sedges and soft rush. The drainage ditch which joins this tributary is covered by a canopy of kudzu.
The wetlands associated with the drainage ditch and the tributary are 0.56 acre in size. Sycamore
saplings, soft rush, black needle rush, goldenrod (Solidago sp.), chickweed (Stellaria sp.) and wild
blackberry are found in the upland areas south of the ditch.
3.7.3 Sensitive Species
No species identified for protection by the Tribe are known to occur at or near the Magic
Waters site (see Consultation Appendix). The USFWS was contacted concerning the presence or
absence of Threatened or Endangered species in the project area. While no such species were
recorded for the project site, a number of sensitive species were recorded as inhabiting the
surrounding region. The Swain County list of federally endangered and threatened species includes
the eastern cougar (Felis concolor cougua6, the Carolina northern flying squirrel (Glaucomys
sabrinus coloratus), the Indiana bat (Myotis sodalis), the spotfin chub (Hybopsis monacha), the
noonday snail (Mesodon clarki nantahala) and the little-wing pearly mussel (Pegias fabula); the
Appalachian elktoe (Alasmidonta raveneliana), the spruce-fir moss spider (Microhexura montivaga)
and the rock gnome lichen (Gynoderma lineare) are proposed endangered. Jackson County is host
to the federally listed Carolina northern flying squirrel, the Indiana bat, the peregrine falcon (Falco
Project No. 16793 50 963119

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peregrinus), the swamp pink (Helonias bullata) and the small-whorled pogonia (Isotria medeoloides).
The proposed endangered rock.gnome lichen is also known in Jackson County.
Due to the history of disturbance at the project site, as described above, the Magic Waters
site does not contain the mature, forested habitat suitable for the eastern cougar, the Carolina
northern flying squirrel, the peregrine falcon, the spruce-fir moss spider, the small-whorled pogonia,
or the rock gnome lichen. Nor does the proposed project site contain Swamp pink habitat: organic,
sphagnous soils. The little-wing pearly mussel and the Appalachian elktoe are not known to occur
in Soco Creek, nor are they expected to as the creek lacks riffle habitat. If the Indiana bat inhabits
the surrounding area, the proposed project would not negatively affect its foraging patterns.
There are a number of candidate species listed as occurring in Swain and Jackson Counties,
as well, but due to the unforested nature of the project site, and to the on-going disturbances at the
site, it is highly unlikely that any of these candidate species should occur at Magic Waters.
3.8 Cultural Resources
Human occupation of the Appalachian summit area dates back at least to the Paleo-Indian
period occupation (10,000-8,500 B.C.), but it is unclear as to when and where the Cherokee Tribe
arose. The North Carolina Department of Archives and History feels that much archaeological work
is necessary in the Qualla Boundary to determine the origins of the Cherokee Tribe.
Utilizing federal grant monies, an archaeological field survey and limited Phase I
investigation of the Qualla Boundary in Swain and Jackson Counties was conducted during the
Project No. 16793 51 963119

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summer and fall of 1994 (Museum of the Cherokee Indians, 1995). The Magic Waters site was one
of several areas examined and sampled during this study.
During the Cherokee Museum survey and testing conducted in 1994, a series of backhoe
trenches, fifty meters apart, were excavated to the subsoil surface at the Magic Waters site.
Trenching in the western portion of the site, a 7.5 acre field, revealed that all but one acre (an intact
plowzone) of this area was disturbed into the sterile subsoil. The trenching and block excavating
in the one acre plowzone revealed Woodland period (the Woodland period extended from 700 B.C.
to 1000 A.D.) ceramics and chert debitage. Two postmolds, 14 cm in diameter, were the only
features observed in the western section. Although the postmolds are similar in size and fill, the
two are not likely associated with each other. These subsurface materials were assigned a
designation of Site 31JK291.
The eastern-most portion of the Magic Waters site (11.5 acres) was also trenched. Trenching
revealed that this area was highly disturbed during the construction of the amusement park,
however, and all potential archaeological features were destroyed.
The 1994 study, while not encountering substantial subsurface materials, identified a need
for archaeological testing of the central portion of the Magic Waters site. At that time this area
consisted of an asphalt parking lot, approximately nine acres in size. It was not thought at this time
that significant resources were present anywhere on the Magic Waters site. As is discussed at
length in Section 4.8, testing of the central portion of the Magic Waters site revealed a significant
prehistoric resource.
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3.9 Socioeconomics
There are three major sources of current socioeconomic data for the Cherokee Reservation
and the surrounding counties (Cherokee, Graham, Jackson, and Swain) that were utilized in the
following section. The first is data from the 1990 census, which was summarized by Kimley-Horn
(1993). The second is data from the recent Housing Needs Study prepared for the Reservation
(Elingburg, 1995). The final source is the most current Indian Service Population and Labor Force
Estimates (Bureau of Indian Affairs, 1993) available for the Cherokee Tribe. All three sources were
utilized extensively below.
The total population of the four-county area including the Reservation was 65,480 in 1990.
Of this total, 7,311, or 11.3%, were residents of the Cherokee Reservation. The total population of
the Cherokee Tribe is 10,397 members. The Reservation population grew 10.3% between 1980
and 1990. Population on the Reservation shifted from its more rural areas in Cherokee and Graham
counties to its more developed areas in Jackson and Swain counties. Reservation households are
larger than those of the four-county area at 3.05 persons per household versus 2.65 persons. The
Reservation population is also younger than that of the four-county area. A total of 32.9% of the
Reservation population is 18 or younger, as opposed to 22.9% for the four counties as a whole.
When the economic status of Reservation residents is compared to that of residents of the
surrounding counties, the differences are more marked. The Tribe has 6,615 members who are of
working age and able to work. The Tribe has an unemployment rate of almost 28%; 1,827 people
are unemployed and 578 are actively seeking work. This unemployment rate is much higher than
the 3.6% rate for Jackson County (Martin Adams, personal communication), or Swain County
(12.5%), or the 10.3% rate for the four-county area as a whole. Per capita income on the
Project No. 16793 53 963119

' reservation is significantly lower than in the four-county area. On the reservation, per capita income
ranges from 23.0% to 46.9% less than the averages in Jackson, Swain, Graham and Cherokee
Counties. Jackson County has the highest per capita income of $10,326, which is far lower than
' North Carolina overall per capita income of $12,885.00 and the national average of $14,420.00.
Some 33.7% of the reservation's population lives at or below the poverty level. The comparable
' rate from the surrounding region is 20.8%. For comparison, the state's poverty rate is 12.3% and
the national average is 11.6%. Approximately 30% of the potential labor force earn an income of
less than $7,000.00 a year (BIA, 1993).
i
' 3.10 Land Use
' The project site is within the Qualla Boundary portion of the Cherokee Reservation. The
Qualla Boundary constitutes the major portion of the Tribal land holding, comprising 56,573 of the
Reservation's 61,000 acres. The Boundary is divided into various "Communities," which refer to
both territorial divisions and residential areas within the divisions. The project site is within the
Painttown community. It is separated from downtown Cherokee by the low hill mass bisected by
Cherokee Gap.

There is no land use plan for the Reservation. The land use regulations of the surrounding
counties (Jackson, Swain, Graham, Cherokee) do not apply to Tribal lands. A comprehensive
inventory of land uses on the Reservation was prepared in conjunction with the Band's Overall
Economic Development Plan (1976). Although dated, it nevertheless provides a breakdown of land
uses on the Qualla Boundary that remains valid. This breakdown is summarized in Table 3.10-1
below.
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Table 3.10-1
Major Land Uses of the Qualla Boundary
Land Use % of Total Acreage
Forest/Timber 88.0%
Roads 3.9%
Residential 3.3%
Commercial 1.9%
Agriculture 1.3%
Govt./Schools/Utilities/Misc. 0.7%
Vacant 0.9%
Total 100.0%
Source: Overall Economic Development Plan - Eastern Band of Cherokee Indians,
1976
Forest/timberlands constitute the vast majority of the Qualla Boundary, although the quantity
of commercial grade timber is limited. As is typical of the surrounding region of mountainous
western North Carolina, development has concentrated in the narrow bands of flatter terrain along
major watercourses, with limited, large-lot residential uses extending up tributary drainages. Due
to the limited amount of developable land, along with the limited number of roads due to rugged
terrain, land use in the valley floors at times approaches urban levels of intensity. Traffic levels and
congestion on the Reservation, in particular, are more characteristic of an urban area than of a rural
' district.

11
Land uses in Painttown in the vicinity of the project site are typical of those in other
developed portions of the Qualla Boundary. US 19 forms the single through route in the community.
Uses fronting US 19 are almost exclusively commercial. These commercial uses are a mixture of
uses devoted to the entertainment of tourists and those serving the sundry needs of visitors and
residents alike. Development on the opposite side of US 19 from the proposed main entrance of
the proposed gaming facility is typical of that along the whole of the road within Painttown (Figure
8A). It includes a motel and restaurant serving visitors to the region, and a retail center serving both
Project No. 16793 55 963119

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' visitor and resident. Development further east along US 19 is similar (Figures 86; 8C). As one
moves east along the roadway, commercial uses fronting the north side of US 19 occur on
increasingly shallow lots due to the curvature of Soco Creek.
Former uses of the project site fit within the overall pattern of central Painttown. - The site
has been used for several theme park operations. These include a "Frontier Land" and a water
' theme park. The latter use was the origin of the name Magic Waters, the name by which the project
site is usually referred. The large asphalt parking lot, which until removed during the course of
' recent archaeological testing covered the central portion of the project site, has been used
periodically for flea markets and other open air sales events.
' Residential land uses within the portion of Painttown within the Soco Creek Valley are
confined almost exclusively to several trailer parks to the east of the project site and to the
occasional residence located to the rear of a commercial enterprise fronting the south side of US
19. Other residential areas are located along BIA roads serving tributary drainages and hillsides.
1 3.11 Public Safety
3.11.1 Fire Protection
Fire protection is provided for the reservation by the Cherokee Fire Department. Currently,
' there are five paid firefighters and 28 volunteers; the station is staffed around the clock. The
Department has one aerial ladder truck, three engines, one tank truck, one mini-pump truck and two
' first responders. Response time to the project site is one to two minutes from the station house on
1 Aquoni Road (Curtis Arneach, personal communication).
Project No. 16793 57 963119

1

3.11.2 Emergency Medical Aid
The Cherokee Emergency Medical Service provides emergency medical assistance to
Cherokee. The Service's staff of 22 consists of 10 paramedics, nine intermediate Emergency
Medical Technicians (EMTs), and three EMTs. Equipment consists of six ambulances, two of which
are equipped with four-wheel drive. Two two-man crews, each including at least one paramedic,
are on-duty 24 hours a day at the Medical Service facility adjacent to the fire station. Response
time to the project site would be similar to that of the fire department.
3.11.3 Police Protection
VA Police protection services are provided within the Cherokee Reservation by the Cherokee
Police Department. The Department, which is located on Aquoni Road, currently employs five
dispatchers, one records clerk and 19 officers; two officers are on duty per shift. The Department
operates 19 patrol cars and one 4x4 vehicle. Response time to the project site is one to two
minutes from the station house (Ray Swainy, personal communication).
3.12 Utilities
3.12.1 Water Supply System
The Cherokee Tribal Utilities Department provides potable water to much of the Reservation
and adjacent areas. Present annual average demand on the water system is reported at 0.8 million
gallons per day (MGD) (Calvin Murphy, personal communication). The raw water comes from
several sources including Mingus Creek in the Great Smoky Mountains National Park, Soco Creek
Project No. 16793 58 963119

on the Reservation, and from several small wells on Tribal lands. A new water treatment plant has
recently been completed. Capacity of the new facility is 3.0 MGD with an additional 1 MGD of
storage at the plant site. The raw water source has been relocated to the Oconaluftee River.
Existing potable water service to the project site is provided via a 10" line that runs along
the southern limits of the property. The line is located in the right-of-way of US 19 and terminates
I at the site.

3.12.2 Wastewater System
Wastewater is presently treated at a 1.0 MGD secondary treatment plant operated by the
' Tribal Utilities Department (Calvin Murphy, personal communication). An existing 8" line provides
wastewater collection from the project site. During dry weather conditions, the plant is able to meet
current NPDES permit limits. Due to excessive infiltration/inflow, however, wet weather flows
exceed the plant's capacity. This prompted the Tribe to develop wastewater system improvements.
An expansion to 3.0 MGD is planned. Engineering design and NPDES permit revisions have been
underway for some time.
' The United States Environmental Protection Agency (USEPA) issued a draft NPDES permit
to the Tribe in February, 1996, for the planned expansion of the wastewater treatment plant from
i
1.0 MGD to an ultimate capacity of 3.0 MGD. The Tribe's comments were incorporated into the
permit and a final permit is expected to be issued in June, 1996. The final permit will then be
published for public comment in accordance with USEPA requirements (See Consultation
' Appendix).

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Wastewater collection at the project site is presently provided via an 8" gravity line that
crosses the site at about the centerline of the property.
3.12.3 Electricity
The proposed project site has existing electrical service provided by Nantahala Power and
Light.
3.12.4 Solid Waste
The Cherokee Boy's Club operates trash collection services on the Reservation. A transfer
station is operated on the Reservation adjacent to a closed landfill. Waste is trucked from that
location to the Palmetto Landfill in South Carolina by Waste Management, Inc. The landfill is also
operated by Waste Management, Inc. The contract does not specify a limit upon the solid waste
hauled from the Reservation to the landfill. Several years ago, the Tribe initiated a recycling
program that has been successful in reducing the volume of waste generated.
3.12.5 Communications
Telephone service is available at the project site through General Telephone Electric (GTE)
Company.
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3.13 Aesthetics
The project site is a situated in the Soco Creek valley. This east-west oriented valley is very
narrow, ranging in width from 500 to 2000 feet, and is roughly ten miles long. Its western end
broadens slightly as the creek is joined by the Stillwell Branch and another unnamed intermittent
tributary, both draining the hills to the north. The Magic Waters site is situated on the valley floor
on the north side of Soco Creek just east of where the creek contacts the rocky hills forming the
Cherokee gap. At this point the creek veers south and begins its meandering course around the
rocky mass cut by Cherokee Gap to its junction with the Oconaluftee River approximately one mile
west of the site.
The Soco Creek valley is lined by steep, densely wooded hills. The rounded slopes of these
hills protrude varying distances into the valley floor (see Figure 8C). These slopes, together with
the flatness of the valley bottom and the riparian vegetation along some reaches of Soco Creek,
make views of any distance along the valley floor very rare. Views in the immediate project vicinity
are limited in scope due to intervening topography and vegetation. Some middle range views are
available on the western periphery of Magic Waters (Figures 9 and 10A and 10B).
Field reconnaissance revealed that only two vantage points within the project vicinity offered
any distant view of the Magic Waters site. The first is a view north from the crest of US 441
Business as one begins the descent towards the intersection with US 19 (Figure 10C). The second
of these is an eastward view from just east of Cherokee Gap as one travels west along US 19
(Figure 10D). Both views encompass only a portion of the project site. The field of view is blocked
by intervening slopes, land uses along US 19, and vegetation along Soco Creek.
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Source: USGS Whittier Quadrangle North Carolina 7.5 Minule Series (Topographic) 166-NE
CHEROKEE GAMING FACILITY
' 0 .__I M4E ENVIRONMENTAL ASSESSMENT
1000 D 1000 2000 3CO) 4" 5000 6000 7000 FEET CHEROKEE, NORTH CAROLINA
0 1 KILOMETER
CONTOUR INTERVAL 40 FEET FIGURE NO. 9
NATIONAL GEODETIC VERTICAL DATUM OF 1929
KEY OBSERVATION POINT LOCATIONS
1
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ROAD CLASSY 1CATI0N E L`,
' Heavy- duty ........ Poor motor road Espey, Huston & Associates, Inc.
Medium-duty . , , : -- - Wagon and jeep track Engineering & Environmental Consultants
Light-duty Foot trail ......... _
<J U. S. Route 0 State Route u 11838 Rock Landing Drive
' In developed areas, only througn roads are clasadied Suite 260 [phone]
Newport News, Virginia FAX [phone]
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3.14 Hazardous Materials
The Magic Waters site is comprised of four contiguous parcels located at the intersection
of U.S. Route 19 and Route 441 Business, in Cherokee, North Carolina. In September, 1995,
Espey, Huston & Associates, Inc., (19950 performed a Phase I Environmental Assessment of the
proposed project site and much of the information in this section is found in that report.
The property is bounded on the north by steep topography, Stillwell Branch Road, and

scattered residences. Soco Creek and Route 19 confine the property to the south, and existing
businesses and limited residential development lie to the east and west of the project site. Adjacent
land uses are influenced by the areas heavy tourist trade and include both commercial and rural
residential development. There are no industrial developments in the immediate vicinity of the
project site.

L
The preferred site contains approximately 20 buildings and various infrastructure associated
with the operation of an amusement park (Frontier Land) in the late 1960s and 1970s, and a water
park (Magic Waters) which operated in the 1980s. The property is currently abandoned but still
contains the following features: three swimming pools and a concrete water slide, a man-made
pond, a wooden bridge which provides access over Soco Creek, an unmaintained road entering
from the eastern portion of the property, approximately twenty structures and various utilities.
The buildings, scattered throughout the property, are free-standing and of varying sizes and
configurations; many are gutted and deteriorating. Most of these structures are one-story wood
frames with concrete block foundations and formerly housed amusement park activities.
1 Project No. 16793
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Utilities are currently available at the Magic Waters site, including a gravity sewage main
running north-south through the middle of the property, a water line which runs along Route 19 and
overhead telephone and electric cables. The site also contains a large number of pole-mounted
electrical transformers. The transformers are located along the north and south property boundaries
and within the interior of the property. No ground-mounted or indoor transformers were observed
at the preferred site. Consultation with Nantahala Power indicates that all transformers on-site are
owned by the power company and can be removed on five days notice.
Database searches were performed and it was determined that there are no Superfund sites
located within one mile of the preferred site, nor within the zip code area. No Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (Superfund Act) (CERCLIS) sites
were found within one-half mile, nor within the zip code area and no Resource Conservation and
Recovery Act (RCRA) generators or treatment, storage or disposal (TSD) facilities are located within
one mile of the Magic Waters site. No Emergency Response Notification System (ERNS) listings
are known at the project site, nor within a one-quarter mile radius. No active or inactive landfills are
listed by NCDEHNR as located within one-half mile of the Magic Waters site, nor within the zip
code. The property is located in the U.S. EPA's Radon Zone Level 2. Zone 2 locations typically
have average indoor radon levels of more than 2 pCi/L but less than 4pCi/L ( the EPA action level
for indoor radon). The Magic Waters site is located in a low-risk area for indoor radon. The EPA's
radon zone designations do not determine the radon concentration of individual homes or structures,
and testing is recommended regardless of geographic location or radon zone.
Four underground storage tank (UST) facilities are known to lie within a one-half mile radius,
along Route 19 east of the property. These facilities, however, are not likely to have an
environmental impact to the Magic Waters site and none are listed as leaking. At one time, a
Project No. 16793 66 963119

gasoline UST facility was known to be located next to the site's manmade pond, although it is not
1 listed in the NCDEHNR data base, nor is there any evidence, such as fill or vent pipes, that the tank
is still located at the property. Four aboveground storage tanks (ASTs) were noted on the property,
' and are presumed to have contained heating oil. Within the eastern segment of the property,
localized piles were found to contain building debris and several 20-gallon drums full of what
' appeared to be used motor oil.

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4.0 ENVIRONMENTAL

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CONSEQUENCES
4.1 Geology and Soils
Based on previous geotechnical studies of the site (SBME, 1995), the data indicate that the
site is suitable for construction of the proposed gaming facility. As stated in Section 3.1, soils on
the eastern portion of the site are natural, while some areas on the western portion are comprised
of fill material. Project development would require grading of the site to achieve proper engineering
design, facilitate drainage, and accommodate desired landscaping. Cut and fill activities associated
' with grading would necessitate temporary stockpiling and possibly the import of construction grade
fill materials. Construction of the actual gaming facility structure could involve minor excavation and
backfilling, or more substantial removal of soils and replacement with larger quantities of suitable
material.
Additional geotechnical work will be performed within the gaming facility building footprint.
This will determine specific subsurface conditions and allow for appropriate adjustments to the
construction plans and selection of appropriate foundation design. Best management practices
' would be implemented during construction to reduce erosion and transport of sediment to surface
waters. With the incorporation of these measures, adverse geotechnical effects would be avoided.

Project No. 16793 68 963119

1 4.2 Drainage
Construction at the proposed gaming facility site would include a 175,000 square foot
gaming facility building and a total development area of 1,122,000 square feet. This will result in
a substantial increase in the extent of impervious surfaces on site. As such, a study was
undertaken to establish preliminary stormwater detention requirements for the gaming facility project
(Espey, Huston & Associates, 1995g). In the absence of definitive local criteria and guidelines for
stormwater management, guidelines typical of those promulgated by state transportation agencies
' were adopted for this analysis. The following stormwater detention criteria were applied:
• 10-year post-development discharge shall not exceed the 10-year pre-
development discharge.
• Detention shall not be required for the 100-year event, but flood flows shall be
' contained within detention facilities (no overtopping).
' The 10- and 100-year runoff peaks and volumes were determined using the Soil
Conservation Service (SCS) methodology assuming an SCS Type II rainfall distribution. Storm
rainfall depths were taken from the "Rainfall Frequency Atlas of the United States" as published by
the US Weather Bureau (1961). Rainfall depths for the 10- and 100-year frequency, 24-hour
duration, are 6 inches and 8 inches respectively.
' The site topographic and morphologic conditions, both pre- and post-development, were
taken from the Whittier, North Carolina, USGS 7.5 minute quadrangle map and an enlarged site
' drawing. A proposed stormwater detention facility was modeled on the gaming facility property.
Project No. 16793 69 963119

It was assumed that all gaming facility property discharges will outfall to this pond. Only runoff
originating on the Magic Waters site and the immediate surrounding contributory watershed was
examined for both the pre- and post-development conditions. The data used for hydrograph
modeling is listed in Table 4.2-1.
Table 4.2-1
Stormwater Runoff Assumptions
Pre-Development Post-Development
Area (ac) 49 49
Square Miles (sq. mi.) .08 .08
Time of Concentration (hr.) .42 .42
Composite Curve No.
(Assume soil Class C & D) 91.1 95.0
Output generated regarding pre- and post-development flow volume is listed in Table 4.2-2.
Table 4.2-2
Pre- and Post-Development Flow Volumes
Pre-Development Post-Development

Peak Flow
(cfs)
Runoff Volume
(ac-ft)
Peak Flow
(cfs) Runoff
Volume
(ac-ft)
10-Year Event 209.96 20.22 221.09 22.03
100-Year Event 288.49 28.23 .298.16 30.12
Various pond outfall structure alternatives were modeled. It is estimated that two acre-feet
of storage will be required to attenuate the increase in peak runoff for the 10-year event and contain
the 100-year event without overtopping.
Project No. 16793 70 963119

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The proposed gaming facility would be designed to incorporate stormwater detention basins
to capture runoff and provide a means for water quality improvement. The basins would be
designed to allow stormwater to be gradually released through an overflow/spillway structure.
Detention requirements would be satisfied with a single large detention basin at the extreme western
end of the site. The basin would total at least two acre-feet of storage and would incorporate
wetlands vegetation to provide a measure of biofiltration. This design would also function as
compensation for site wetlands displaced by construction. The configuration of wetland revegetation
areas within the detention basins is part of the information submitted to the US Army Corps of
Engineers as supporting material for a Nationwide Permit application (see Consultation Appendix).
Development in floodplains is regulated by the Federal Emergency Management Authority.
While the actual gaming facility structure will be outside the Soco Creek floodplain, development
of the gaming facility at Magic Waters will require encroachment into the Soco Creek floodway and
floodplain. The main entry bridge crossing Soco Creek will be widened; an improvement that will
take place within the floodway. Two stormwater detention basins will also be constructed within the
floodway. Encroachments within the floodway that would increase the elevation of the 100-year
flood elevation are prohibited by FEMA regulations. In addition, because of existing insurable
properties are within the Soco Creek floodplain and adjacent to the Magic Waters site, an increase
in the 100-year flood elevation due to encroachments in the floodplain would be in violation of FEMA
regulations.
Depending upon the design, reconstruction of the bridge providing access from the US
19/US 441 Business intersection would have the potential for a slight reduction in hydraulic capacity,
with a corresponding increase in the flood elevation. The bridge will be designed in coordination
with the configuration of future site elevations, however, to ensure that any displaced hydraulic
Project No. 16793 71 963119

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capacity is replaced by excavation on-site, thereby preventing a rise in 100-year flood elevation.
Detention basin construction will not raise the existing ground surface elevations within the floodway
and therefore will have no impact on the 100-year flood elevation. Fill within the floodway fringe
(that portion between the floodway and the limit of the 100-year floodplain) will be minimized and,
where necessary, offset by excavation to offset any loss in hydraulic conveyance resulting from the
fill.
FEMA requires that the flood mapping and modeling maintained by the agency be kept
current with respect to new development even when no change in flood water levels result. The
approach pursued as part of the Cherokee Indian Gaming Facility development is a "no-rise
determination." As project development will be accomplished without a substantial change in the
delineated floodway and floodplain, a Letter of Map Revision (LOMR) submittal will not be
necessary. Mapping and modeling reflecting the proposed development will be transmitted to FEMA
in order to allow the updating of their records.
With the implementation of Best Management Practices for stormwater control (i.e.,
detention ponds, biofiltration, vegetated buffers, erosion and sedimentation controls) and full
compliance with FEMA regulations, no adverse drainage effects are anticipated.
4.3 Water Quality
I Stormwater runoff and its potential effects on water quality of receiving water bodies is an

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environmental issue that has received increasing attention from regulatory agencies in recent years.
The EPA is the agency ultimately charged with regulating discharges to surface waters. The
National Pollution Discharge Elimination System (NPDES) is a national program for regulating and
Project No. 16793 72 963119

1

administering permits for all discharges to receiving waters. It was established by the EPA pursuant
to the provisions of the Clean Water Act, Sections 401 & 402 as amended in 1987. The EPA has
in many cases delegated permitting authority to various states. North Carolina is such a state.
Discharges in North Carolina are regulated by the NCDEHR. Discharges to receiving waters on
Indian lands, however, are covered under the EPA's NPDES General Stormwater Discharge Permits
for Industrial Activities and Construction Activities.
Certain commercial and industrial activities, and all construction projects that encompass
five or more acres, require an EPA-issued NPDES stormwater permit for construction. In order to
have project authorization under the NPDES General Stormwater Discharge Permit, a Notice of
Intent (NOI) must be submitted to the EPA at least two days prior to the commencement of
construction. The Notice of Intent will include a Pollution Protection Plan.
' As part of the Pollution Protection Plan, the project proponent shall implement a water
quality monitoring program to assure that all groundwater and surface waters remain in compliance
' with existing standards. The plan will include: 1) the incorporation of Best Management Practices
' into project construction methods to prevent erosion; 2) the collection and analysis of surface water
samples from Soco Creek, both above and below the area of influence associated with development
activities; 3) the collection and analysis of groundwater samples; and, 4) a description of the
temporary filtration systems to be installed during construction.
' With the implementation of the Pollution Protection Plan and the incorporation of Best
Management Practices to prevent erosion during construction, adverse effects on water quality will
' be avoided.

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4.4 Traffic Circulation
Existing traffic circulations in the vicinity of the Magic Waters site were examined in Section
3.4. The LOS provided by intersections and roadway segments were examined under existing peak
traffic conditions. Impacts to traffic circulation after the addition of proposed gaming facility traffic
were also analyzed (EH&A 1995b). The methodology and results of these analyses are summarized
below. As was described in Section 3.4, traffic data concerning existing conditions was derived from
several sources. Intersection volumes were collected by EH&A staff over Labor Day weekend in
1995. Labor Day weekend is typically characterized by the highest traffic volumes during a given
year. Existing road segment volumes were extrapolated from intersection volumes and 1994
NCDOT counts. In the analysis below, modeling of traffic conditions subsequent to the opening of
the facility is detailed. Automobile trips generated by projected gaming facility patrons is added to
existing traffic volumes. Because of the variation in traffic levels over the course of a year,
projected traffic levels on a specific day must be modeled. NCDOT methodology calls for modeling
of the thirtieth busiest day for impact analyses and subsequent design studies. For this analysis,
a somewhat more conservative approach was followed; the tenth busiest day was modeled.
Improvements necessary to avoid adverse effects are described.
4.4.1 Traffic Generation and Distribution
A determination of project-generated traffic volume and its directional distribution were
necessary precursors to determining project effects. Traffic forecasts were developed for the
planned gaming facility based on gaming facility projections provided by Harrah's. The information
supplied by Harrah's was based on actual hourly patronage figures at the company's Lake Tahoe
Project No. 16793 74 963119

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Casino. This facility was selected due to the geographic and demographic similarities between this
facility and the proposed Cherokee gaming facility and its projected patronage.
In order to assess the impacts of patron traffic, patron generated vehicle trips were added
to the existing traffic levels detailed in section 3.4. Essentially, the busiest hour of the tenth busiest
day was utilized for analytical purposes. Based upon Harrah's marketing data regarding gaming
facility customers visiting the Reno market, automobile occupancy rates are 2.2 persons/car. It was
assumed that approximately 4.4% of patrons will arrive by bus. Essentially, the busiest hour of the
tenth busiest day was utilized for analytical purposes. A total of 593 vehicle trips are projected as
entering the site during this peak one-hour period.
Trip distribution was accomplished by using a "Point of Origin Analysis." A point of origin
analysis is a mathematical model used to estimate the geographic origin of patrons and, by
extension, their route in accessing a facility. Total patronage is first estimated based upon the total
population within a facility's market area. The percentage of patrons originating from a certain
locale would correspond to proportion of the locale's population compared to that of the overall
market area. After determination of patron origin, assumptions can then be made regarding the
most direct roadway access route for each patronage segment. The proposed traffic generated by
the gaming facility was added to the roadway network based upon the Point of Origin Analysis and
existing distribution patterns.
4.4.2 Intersection Level-of-Service
Signalized and unsignalized intersection impact analyses were conducted for intersections
in Cherokee (Figure 11). These analyses were used to determine what, if any, improvements are
Project No. 16793 75 963119

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In the analysis of signalized intersections (Table 4.4-1), it was found that only the US 19/US
441 Business intersection experienced a decline in LOS as a result of the addition of project
generated traffic. This intersection is central to the analysis as it would function as the entrance to
the gaming facility. Under peak visitation conditions, LOS will decline from "B" to "C" with the
existing intersection configuration. With the implementation of improvements detailed below, along
with actuation and optimized phasing of the existing traffic signal at the intersection, LOS at the
intersection can be maintained at LOS B after the addition of project-generated traffic. LOS at other
signalized intersections remains as under existing conditions after the addition of project traffic.
Table 4.4-1
Signalized Intersection Capacity Analysis

intersection
Existing 'LOS
LOS with `Project LOS with Project
Improvements
US 19/US 441 Business B C B
US 19/Old US 441 B B B
US 19/US 441 North C C* C*
US 19/US 441 South B B B
* With optimized phasing and timing.
The effect of the addition of project-generated traffic upon unsignalized intersections is
summarized in Table 4.4-2. All turning movements currently characterized by an acceptable LOS
(LOS C or better) will remain so after the addition of peak project traffic. Unacceptable LOS (LOS
D or worse) will continue to characterize a number of turning movements at unsignalized
intersections subsequent to the addition of project traffic. Declines are projected in the case of two
Project No. 16793 77 963119

movements. The southbound through movement at US 19 and Aquoni Road is projected to decline
from LOS D to LOS E. It should be noted, however, the portion of Aquoni Road south of US 19 is
not a through road. It provides access to several driveways and is characterized by extremely low
traffic levels. Only three vehicles are projected to make this movement during the entire peak hour
analyzed. The LOS of the southbound left turning movement from US 441 Business to US 441 .
South will decline from LOS E to LOS F with the addition of project traffic during the peak hour
analyzed. The LOS of this turning movement, along with the functioning of the intersection as a
whole, will return to an acceptable LOS with the installation of a signal by NCDOT in the immediate
future.
Table 4.4-2
Traffic Impact Analysis
Unsignalized Intersection Capacity Analysis
Lane Group Existing LOS LOS w/ Project
US 19 and Aquoni Road
Aquoni Road Northbound Left E E
Northbound Through E E
Northbound Right B B
Aquoni Road Southbound Left F F
Southbound Through D E
Southbound Right A B
US 19 Eastbound Left B B
Westbound Right A A
US 19 and Hospital Road
Hospital Road Southbound Left C C
Southbound Right A A
US 19 Eastbound Left A A
US 441 South and US 441 Business
US 441 Business Southbound Left E F
Southbound Right A A
US 441 South Eastbound Left A B
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Table 4.4-2
Traffic Impact Analysis
Unsignalized Intersection Capacity Analysis
Lane Group Existing LOS - LOS w/ Project
US 441 South and Old US 441
Old US 441 Northbound Through D D
Northbound Right B B
Southbound Left B C
Southbound Through B B
Southbound Right A A
US 441 South Eastbound Left A A
Westbound Right A A
4.4.3 Roadway Level-of-Service
Table 4.4-3 summarizes the results of a LOS analysis on specific roadway segments (see
Figure 6) after the addition of the proposed gaming facility's forecasted traffic volumes. The traffic
volumes and LOS for each segment represent the addition of the peak hour traffic volumes of the
tenth busiest patronage day to existing peak roadway segment volumes. As shown, only one
roadway segment experiences a decline in LOS. US 19 declines from LOS B to LOS C between
Aquoni Road and US 441 North. This lower service level nevertheless represents an acceptable
peak LOS for a US Route. The LOS of this roadway segment, along with other portions of US 19,
will undoubtedly improve after the implementation of NCDOT Project R-2209. This project will
consist of the improvement of US 19 between Cherokee and Maggie Valley, and is scheduled for
letting in 2003.
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Table 4.4-3
Roadway Segment Level-of-Service
Level-of-
Service with
Traffic' with Gaming
Existing Traffic Existing Level- Gaming Facility and
Roadway Segment volume (v/d) of-Service facility` (v/d) Improvements
US 441 Business
6,400 A 8,600 A
Between US 441 South & US 19
US 19
9,400 B 11,500 B
Between US 441 Bus & Old US 441
US 19
15,300 A 17,400 A
Between Old US 441 & Aquoni Rd.
US 19
12,200 B 13,900 C
Between Aquoni Rd. & US 441 N
US 19
8,900 A 9,100 A
Between US 441 N & Hospital Rd.
US 19
9,500 A 9,700 A
Between Hospital Rd. & US 441 S
US 441 South
4,400 A 4,700 A
Between US 19 & Old US 441
Old US 441
3,600 A 3,600 A
Between US 441 South & US 19
US 441 South
8,200 A 8,400 A
Between Old US 441 & US 441 Bus
4.4.4 Recommended Improvements
As was demonstrated above, improvements are needed at the US 19/US 441 Business
intersection are necessary to maintain an acceptable LOS at the gaming facility entrance. These
necessary improvements have been determined to consist of:
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1. Installation of a fully actuated traffic signal. Optimization of the traffic signal
phasing and timing plan to match traffic conditions occurring during facility
operation.
2. Provide an exclusive 250 feet of right and left-turn lane storage with a 150-foot
taper for the westbound and northbound approaches of the intersection.
3. Provide an exclusive 300-foot left turn lane, with a 150-foot taper, and utilize the
existing exclusive 150-foot right turn lane storage and the 150-foot taper on
eastbound approach of the intersection,
4. Provide exclusive 150-foot right turn lane storage, with a 150-foot taper, and
exclusive through and left turn lanes stemming a minimum of 300 feet into the
site without any internal crossing movements.
With the incorporation of these improvements the existing LOS at the US 19/US 441
Business intersection will be maintained after the addition of peak project-generated traffic levels.
The LOS at other signalized intersections will not decline as a result of project development.
NCDOT has reviewed the methodology, conclusions, and recommendations summarized in this
analysis (see Consultation Appendix). Final roadway design plans will be submitted for NCDOT
review and approval. Improvements will be installed prior to the opening of the gaming facility.
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4.4.5 Parking
A total of 1,800 automobile parking spaces are proposed as part of the gaming facility
' development. An additional 10 spaces for buses are proposed. Average daily patronage at the
facility is projected to be 12,647. Of this total, 11,382 are projected to arrive by car: Vehicle
' occupancy for automobiles is assumed to be 2.2 persons per car. In analyzing the parking needs
' of an Indian Gaming facility, it is typically assumed that, during the peak period of patronage, 30%
of the total number of daily patrons will be utilizing the facility. This translates to a total of 3,415
' automobile-borne patrons. When divided by the vehicle occupancy rate, a requirement for 1,552
parking spaces is derived. As 1,800 spaces are proposed, sufficient parking will be available.
4.5 Noise
' In order to assess the potential noise effects of proposed gaming facility development, it is
necessary to compare ambient (existing) noise levels with predicted post-project noise levels. As
the state of North Carolina, the County of Jackson, and the Tribe have not promulgated noise
' regulations or ordinances, it was determined that federal thresholds would be employed as a basis
for determining adverse effect.
' Section 3.5 presented a characterization of existing noise levels in Cherokee. Noise
measurements taken at various locations determined that automobile noise constituted the dominant
' noise source in the community. Appropriately, then, the noise impact analysis focuses on the
' addition of noise generated by project traffic to existing noise levels.
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The noise predictions made in this report are roadway-related noise predictions for the traffic
conditions predicted with the gaming facility in operation. For each location for which measurements
were reported in Section 3.5, project-generated traffic was added to the nearest roadway segment.
Noise levels resulting from these traffic volumes were then modeled using the Federal Highway
Administration Noise Model (EH&A, 1995c).
Predicted roadway noise levels were found to increase less than one dBA for all sites
measured. The greatest increase in noise levels is along US 19 between Aquoni Road and just
east of US 441 Business. Even at this location, however, the modeled increase was less than one
dBA. Typically, a change in noise levels of less than 2-3 dBA is imperceptible to the human ear.
Thus, the additional traffic relating to the gaming facility will not have an adverse effect on the noise
environment in the town of Cherokee.
' In the immediate area of the proposed site, noise would be created by the daily operations
' of the gaming facility. Normal operating noise would come from a variety of sources such as trash
pickup (dumpsters), delivery vehicles, heating and air conditioning ventilation, parking lot
activity/pedestrians, and miscellaneous site activities. Residences are at a great enough distance
from the gaming facility site and with the location of the gaming facility on US 19, noise level from
' the gaming facility are expected to be attenuated to background levels at the residences.
The m construction elements of this project are expected to be earth removal hauling,
' grading, paving and building construction. General construction noise impacts, such as temporary
speech interference for passersby and those individuals living or working near the project, can be
' expected. Overall, construction noise impacts will be minimal since the site is located in a low-

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' density residential area. Considering the relatively short-term nature of construction noise, these
' impacts are not expected to be substantial.
4.6 Air Quality
1 4.6.1 Regional Effects
The EPA has established regulations implementing the 1990 Amendments to the Clean Air
' Act. These regulations are only applicable to Federal Actions taking place in those parts of the
t United States that are classified as being in non-attainment for criteria pollutants. As described in
section 3.6, the Appalachian Air Quality Control Region, in which the project site is situated, is in
attainment for all criteria emissions. Despite this attainment, it is necessary to determine whether
the project's emissions constitute an adverse effect under NEPA.
4.6.2 Local Effects
' A microscale air quality analysis was performed to determine future CO concentrations
resulting from the increased traffic from the proposed gaming facility. A linear dispersion model
' was used to predict the CO concentration at the right-of-way limits adjacent to the US 19/US 441
' Business intersection.
Inputs into the mathematical model to estimate hourly CO concentrations consisted of an
' at-grade roadway under normal conditions with existing and predicted traffic volumes, vehicle
emission factors and meteorological parameters. The traffic volumes are based on the worst-case
' scenario representing the traffic volumes characterizing the hour of peak patronage. The modeling
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' analysis was performed for a worst-case condition using winds blowing parallel to the roadway. CO
' vehicle emission factors were calculated for predicted traffic volumes using EPA mobile emission
factors (EH&A, 1995).
Predicted traffic volumes with parallel wind conditions could result in a maximum one-hour
' CO concentration of 3.3 ppm. Comparison of the predicted CO concentrations with the National and
North Carolina Ambient Air Quality Standards (maximum one hour, 35 ppm; 8-hour average, 9 ppm;
see Table 3.6-1) indicates no violation of these standards.
During construction of the proposed project, all materials resulting from clearing and
1 grubbing, demolition or other operations will be removed from the area, burned or otherwise
' disposed of by the contractor. Measures will be taken to allay the dust generated by construction
when the control of dust is necessary for the protection and comfort of area residents or motorist.
i
' 4.7 Biological Resources
1 4.7.1 General Characteristics
' The habitat value of the project site has been substantially diminished through removal of
almost all the vegetation that existed there prior to development of the Magic Waters and
Frontierland amusement parks. Virtually all of the property has undergone some form of ground
' disturbing activity. Due to the lack of cover and food afforded by the site, the resident wildlife
' population is largely confined to small mammals and birds adapted to life in an open environment.
The plants and animals that make use of the project site will be displaced as the gaming facility is
I
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constructed. Implementation of the project will not result in adverse effects to sensitive plant
communities or habitats.
The fish and invertebrate populations of Soco Creek will be minimally impacted by the
project as appropriate Best Management Practices for erosion and sedimentation control will be
implemented. Potential temporary adverse effects to water quality in Soco Creek resulting from
drainage of the man-made pond will be avoided by discharge of the pond's contents onto the central
portion of the site for evaporation and infiltration. The potential negative effects of stormwater will
be controlled through construction and maintenance of vegetated detention basins. The planting
of shrubs and trees along the banks of Soco Creek will shade the water and maintain a more
favorable stream temperature for aquatic life. The vegetation will also aid in the stabilization of
stream banks and deter erosion.
4.7.2 Wetlands
As discussed in Section 3.7, project construction will displace a 4.25-acre man-made pond
and 0.9 acre of jurisdictional wetland vegetation. Impacts will consist of the 0.10 acre in Wetland
Area #1, the total displacement of 0.29-acre Wetland Area #3 surrounding the drained pond, and
filling of a 0.46 acre portion of Wetland Area #4.
The Tribe has applied to the Corps for coverage under a Nationwide Permit 26 to conduct
fill activities in these jurisdictional wetland areas (see Consultation Appendix). In the permit
application, the Tribe proposes compensation for the impacts to 0.90 acres of wetlands and the
filling of the man-made pond through the use of vegetative detention areas and enhancements of
a portion of Soco Creek within the property boundary. Plantings within the detention areas will
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consist of swamp dogwood (Comus stricta), red maple (Acer rubrum), sedges (Carex spp.), and
rush (Eleocharis obtusa). Tributaries and drainage ditches crossing the property will be piped
directly to Soco Creek, thus not allowing any pollutants generated from the parking area to
discharge into the creek.
The riparian areas of Soco Creek will be enhanced with plantings and structures indigenous
to the region facilitating a habitat for plants and animals. Boulders will be placed in and around the
creek area to create an enhanced environment for invertebrates and trout. Typical plantings for the
riparian areas of Soco Creek will be tag alder (Alnus serrulata), black willow (Salix nigra) and
rhododendron (Rhododendron maxima). Cattails (Typha latifolia) will not be permitted in these
areas.
A landscaping plan will be prepared by the project architect and will include an extensive

planting schedule for the revegetation areas. These enhanced areas will be monitored during site
construction and afterwards bi-annually for two years to ensure at least 75% survival of the
plantings. A brief report will be provided at the end of the monitoring period with color photographs
from the monitoring inspections.
4.7.3 Sensitive Species
1Examination of the site (see biological survey memo in Consultation Appendix) indicates that
past development and surrounding 'urbanization has removed virtually all native hardwood forest and
aquatic habitat on-site that could host previously unrecorded sensitive species. In the absence of
such habitat, proposed project will not adversely affect any sensitive species. The USFWS has
I indicated concurrence with this conclusion (see Consultation Appendix).
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4.8 Cultural Resources
Recent subsurface archaeological testing at the Magic Waters site (Cherokee Museum,
1995; Blue Ridge Cultural Resources, 1996) has revealed the presence of a significant cultural
resource, site 31JK291. In November, 1995, the asphalt covering the central portion of the Magic
Waters site was removed and the underlying strata trenched by archaeologists. Subsurface cultural
materials were encountered over a two-acre area. Within this area, intact features were
encountered over roughly 1.25 acres. Materials detected consisted of a buried soil horizon
containing Middle Woodland period and Late Mississippian components in stratigraphic sequence.
Features revealed include postmold patterns representing at least six structures, five pit features,
two hearths, and one probable human burial.
The artifactual remains recovered in the archaeological testing are indicative of repeated,
ephemeral occupations of the project site during the Middle Woodland period (ca. 100 B.C.-A.D.
650). Although these early deposits are limited in extent and intensity, they appear both well
preserved and in a stratigraphic sequence with later deposits.
The later, more intensive Late Mississippian occupation of the site appears to have occurred
during the late prehistoric/protohistoric era. Use of the site during this period appears to have
consisted of a hamlet or small village occupation.
The report detailing the 1995 testing (Blue Ridge Cultural Resources, 1996) concludes that
"...the site includes intact cultural contexts which exhibit substantial potential for yielding information
important to understanding the lifeways, culture history, and cultural processes of the prehistoric
occupants of the region. It is recommended, therefore, that 31JK291 should be considered a
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significant cultural resource that is eligible for the National Register of Historic Places." The fact that
the project could affect a resource potentially eligible for the National Register necessitated
consultation under Section 106 of the National Historic Preservation Act. As a result of this
consultation, the North Carolina State Historic Preservation Officer (SHPO) and the NEPA
Compliance Officer of the NIGC are in concurrence regarding the eligibility of the resource (see
Consultation Appendix).
Consultation between the NIGC and the SHPO resulted in a determination that the original
configuration of the proposed project, with a gaming facility centrally located on the Magic Waters
site, would have resulted in significant adverse effects to the resource. This determination resulted
in a redesign of the project which relocated the gaming facility to the east end of the site, thereby
removing the need for substantial grading or compaction over site 31JK291.
Despite this project redesign, an adverse effect upon the resource will occur through the
construction of a parking lot over the site. The ground surface over the suspected burial will be
preserved. All adverse effects to the site will be mitigated through the implementation of measures
called for in a Memorandum of Agreement (MOA) executed between the NIGC, the SHPO, and the
Tribe.
4.9 Socioeconomics
Substantial economic benefits to the Tribe and its individual members would directly result
from employment opportunities stemming from the proposed gaming facility. The number of jobs
available on the Reservation, and the quality of those jobs in terms of salary and advancement
potential, would increase dramatically as compared to those currently available. While the Cherokee
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Boundary has employment opportunities in the tourist industry that are unavailable on most
reservations, chronic unemployment remains. Unemployment rates on the Reservation - are
considerably higher than those in the surrounding region. As the number of jobs anticipated at the
gaming facility (1,400) exceeds the number of Tribal members actively seeking work, there could
be upward pressure on wages on the Reservation as a whole as employers compete for employees.
These new jobs are expected to generate $38 million in wages and salaries. The increased
employment, as well as potential increases in wages overall, would result in increased income to
Reservation residents and their families.
Income derived by the Tribe from gaming profits and taxes would allow improved quantity
and quality of social services to individual members. Health and education services would increase
through the reinvestment of gaming income, resulting in significant long-term benefits for the Tribe.
The economic and social service benefits resulting from the proposed project would represent major
advancements toward Tribal self-sufficiency and cultural integrity and vitality. The proposed gaming
facility is the most viable development opportunity capable of generating sufficient profits to support
the Tribe's economic development objectives.
The proposed gaming facility would also benefit the surrounding counties. The project
would reduce unemployment among non-Indian people within the four-county area because the
number of available gaming facility-related jobs, estimated at approximately 1400 positions, would
exceed the existing Tribal work force.
The proposed gaming facility would also contribute directly to the local economy by creating
additional demand for lodging, food, and other services. Currently demand for visitor is highly
seasonal, as is evidenced by the closure of most area hotels and restaurants during the winter
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months. A large number of patrons who attend the gaming facility would be from outside the area.
With operation of the gaming facility, significant numbers of patrons would require visitor services
in Cherokee and the surrounding region. Approximately 1.2 incremental visitors will be added to
the existing tourism base, and incremental restaurant, hotel and tourism related spending is
expected to approach $30 million annually within the market service area. An additional 1,200 direct
jobs in restaurant, hotel and other tourism related industries are expected to be created within the
reservation and the surrounding counties. And due to the gaming facility and related businesses,
new purchases resulting from incremental spending in the economy are expected to create over
1,200 indirect jobs with annual wages of approximately $30 million.
State and local governments are also expected to benefit from the increased income, sales
and property taxes: approximately $6 million in local and $9 million in state government revenues
could be generated. The gaming facility would generate new long-term revenue and other
socioeconomic benefits to an area that recently has experienced depressed economic conditions
and high unemployment. There would be a significant beneficial socioeconomic impact.
4.10 Land Use
As was outlined in Section 3.10, land uses within the developed portion of the Painttown
community of the Qualla Boundary consist almost exclusively of commercial uses serving both
tourists and Reservation residents. The commercial enterprises front either side of US 19 for
virtually its entire length through the Soco Creek Valley. The few residences present take the form
of single-family homes to the rear of commercial uses on the deeper lots or trailers in parks at the
eastern end of the valley.
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The Eastern Band of the Cherokee Indians does not have a land use plan guiding future
development on the Reservation. The land use regulations of Jackson and Swain County do not
apply to Reservation lands. Sole authority over land use on the Reservation lies with the Tribal
Council. The development of the proposed gaming facility will not conflict with the existing,
predominantly commercial uses in Painttown. A gaming facility at the Magic Waters site would be
compatible with the current mixture of visitor- and resident-serving commercial uses along US 19.
It is also consistent with past use of the site. These uses include both frontier and aquatic oriented
theme parks.
4.11 Public Safety
4.11.1 Fire Protection
Due to the expansion of the City of Cherokee over the last few years, including the
construction of several three-story motels, the Fire Chief has placed orders for three new fire trucks,
which are to be delivered in June, 1996, and February, 1997. The department acquired a new
aerial ladder truck in December, 1995, which will accommodate multi-story buildings. In addition,
the department hired a new full-time fireman, and has mutual aid agreements with several
neighboring non-Indian communities for manpower and equipment assistance upon request. Due
to these accomplished and planned improvements to the department, the proposed gaming facility
will not negatively impact the Cherokee Fire Department's ability to serve the Cherokee community
(see Consultation Appendix).
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4.11.2 Emergency Medical Services
The Emergency Medical Services at Cherokee already accommodate the needs of a very
large transient tourist population in addition to reservation residents. The incremental increase
represented by gaming facility patrons is not anticipated to result in adverse effects to existing
service levels (Curtis Arneach, personal communication). Should additional staffing be required in
the future, the service will be expanded using gaming revenues.
4.11.3 Police Protection
The Cherokee Indian Police Department has acquired, since October 1995, four new police
cars and two new 4x4 vehicles. Additionally, the department will employ four new detectives in
fiscal year 1996 and plans to hire four new officers in fiscal year 1997. The Police Chief feels that,
based on the accomplished and planned improvements to his department, the proposed gaming
facility will not negatively impact the department's ability to serve the Cherokee community (see
Consultation Appendix).
4.12 Utilities
4.12.1 Water
A preliminary estimate of potable water needed to serve the gaming facility is approximately
350,000 gallons per day. Preliminary calculations for interior fire protection sprinkler flow is an
additional 625 gallons per minute. Delivery of the water to the project site will require replacement
of the existing 8" dead-end main with a new 8" line that will loop around the site. A ground storage
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tank with a capacity of 500,000 to 750,000 gallons will be incorporated into the project to ensure
constant water supply and to provide fire storage.
The Tribe has recently completed a 3.0 MGD water treatment plant. The plant features an
additional 1.0 MGD of storage on-site. Accounting for demand by local customers (approximately
0.8 MGD) and seasonal increases due to an influx of tourists, the treatment plant will have sufficient
capacity to supply the water needs of the gaming facility.
4.12.2 Wastewater
It is estimated that the project will generate approximately 300,000 gallons of wastewater
per day. While there is not sufficient capacity at the Tribe's existing wastewater treatment plant to
handle this load, the planned expansion of the wastewater treatment plant will provide the needed
increase in treatment capability. As stated earlier, engineering design plans for the upgraded
treatment plant are presently being prepared and the United States Environmental Protection
Agency (USEPA) issued a draft NPDES permit to the Tribe in February, 1996, for the expansion
of the plant to 3.0 MGD. The Tribe's comments were incorporated into the permit and a final permit
is expected to be issued in June, 1996. The final permit will then be published for public comment
in accordance with USEPA requirements (see Consultation Appendix).
Collection of wastewater from the project site and transmission to the treatment facility will
require the installation of approximately 1000 feet of new 12" wastewater line which would run to
a collection point on US 19. The line would cross Soco Creek above ground.
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4.12.3 Electricity
Discussions have been held with Nantahala Power and Light Company, the local utility
supplying electricity to the Reservation. Nantahala has indicated that it will provide appropriate
electrical service to the project (J. Winfred Brooks, personal communication).
4.12.4 Solid Waste Disposal
It has been estimated that the proposed project will produce approximately 25 cubic yards
of compacted solid waste per day. The present contract between the Tribe and Waste
Management, Inc., contains no limitation as to the volume (tons) of solid waste removal and
disposal. Therefore, it is anticipated that the additional solid waste generated by the proposed
gaming facility would not have a negative effect on the service Waste Management, Inc., provides
the Reservation (see Consultation Appendix). The Tribe has stated a strong desire to incorporate
the gaming facility into their successful recycling program.
4.13 Aesthetics
No adverse visual aesthetic effects are anticipated as a result of the implementation of the
proposed project. Distant viewsheds of the site are limited to two brief views from roadways. In
both cases the project site comprises a very limited portion of the viewshed. The dominant visual
elements in the project area, i.e., the wooded hills backdropping the site and the Soco Creek bed
providing the foreground, will remain intact.
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The proposed gaming facility itself will not adversely effect the scenic qualities of the
western portion of the Soco Creek valley. The rustic wood and stone exterior facade of the gaming
facility is in conformance with traditional architectural styles on the Reservation (Figure 12).
Although it represents a much larger scale of development, it also represents a continuance of
entertainment-related commercial uses with a "lodge" motif. Large parking areas are proposed,
however, this too is a continuation of recent uses on-site; until its recent removal the entire central
portion of the site was an asphalt parking lot. The proposed facility's parking areas will feature
landscaped pockets. This, together with the limited fields of view in the valley, will restrict expansive
views of the parking areas.
4.14 Hazardous Materials
The information in this section comes from the Phase I Environmental Assessment Report
performed by Espey, Huston & Associates, Inc. (1995f).
Many of the structures were found to contain suspect asbestos containing materials (ACM):
roofing, thermal insulation, floor tiles, vinyl floor covering, etc. An asbestos survey will be
performed to determine which materials actually contain asbestos. In addition, the paint which
covers several of the structures may contain lead. Prior to demolition, limited sampling will be
conducted in order that these materials can be deposited in a landfill.
The four steel aboveground storage tanks (ASTs) (approximately 1000 gallons each), are
ground mounted and one is located on a concrete pad. Some of the tanks still contain heating oil
and show evidence of leaks or overfills. Soil sampling will be conducted below and next to each
tank prior to removal.
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The underground storage tank (UST) believed to be (or have been) located at the
boathouse at the eastern end of the manmade pond is evidenced by the gasoline pump which
stands within a small shed next to the boathouse. A UST survey will be conducted to locate and
confirm the presence of the tank. Soil samples will be collected in the vicinity of the UST to identify
any past leaks or overfills. Any contaminated soils will be remediated appropriately.
The site contains a large number of pole-mounted electrical transformers. The transformers
on-site are owned by the local power authority. Consultation with Nantahala Power has indicated
that these transformers can be removed by the power company on five days notice (Winfred Brooks,
personal communication). Those transformers (approximately seven) located within the interior of
the property, however, appear to be larger, older models which likely contain PCBs. It is
recommended that the ownership and use of the interior transformers be investigated. All
transformers not operated by the local power authority will be sampled for PCB content and
disposed of appropriately.
Within the eastern portion of the property, localized piles were found to contain building
debris and several 20-gallon drums full of what appeared to be used motor oil. Soil around the
drums will be sampled for petroleum hydrocarbons and metals. Building debris will be sampled for
asbestos.
I
Soils in the western portion of the property, which is known to contain fill material, will be
sampled to determine if any contaminants are associated with this fill.

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5.0 MITIGATION MEASURES
During the design of the Cherokee Gaming Facility, a series
of environmental and developmental constraints were analyzed by
members of the project design team. In this manner the project's
architectural and engineering design was sensitive to the environmental resources on the site as
well as those project attributes with the greatest potential for off-site impacts to the wider
community. This process resulted in the formulation of project designs prepared with the intent of
avoiding adverse effects upon the environment. With respect to many environmental issues, this
effort succeeded. Further refinements and modifications were incorporated into the project as a
result of input received during the EA process. Nevertheless, residual adverse effects do remain.
' The following mitigation measures, intended to mitigate the adverse effects referred to
above, shall be completed prior to the opening of the gaming facility:
5.1 Geology and Soils
I No mitigation measures are required.
5.2 Drainage
Design of the bridge providing access to the facility from the US 19/US 441 Business
' intersection, design of the stormwater detention basins, and site grading will be coordinated to
' ensure that there is no reduction in the hydraulic capacity of the Soco Creek floodplain. In this
1 Project No. 16793 99 963119

manner no rise in 100-year flood elevations would result from project development. Any reduction
in hydraulic capacity resulting from the above improvements must be offset by excavation within the
site boundaries to replace this capacity. Subsequent to final design, modeled floodway and
floodplain data will be transmitted to FEMA to ensure currency of insurance mapping.
5.3 Water Quality
No mitigation measures are required.
5.4 Traffic Circulation
The following traffic improvements shall be implemented:
1. Installation of a fully actuated traffic signal at the US 19/US 441 Business
intersection. Optimization of the traffic signal phasing and timing plan to match
traffic conditions occurring during facility operation.
2. Provide an exclusive 250-feet of right and left-turn lane storage with a 150-foot
taper for the westbound and northbound approaches of the intersection.
3. Provide an exclusive 300-foot left turn lane, with a 150-foot taper, and utilize the
existing exclusive 150-foot right turn lane storage and the 150-foot taper on
eastbound approach of the intersection,
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4. Provide exclusive 150-foot right turn lane storage, with a 150-foot taper, and
exclusive through and left turn lanes stemming a minimum of 300 feet into the
site without any internal crossing movements.
Final construction plans for these traffic improvements must be prepared and submitted to
NCDOT for review and approval (Figure 13). All improvements must be in place prior to operation
of the gaming facility.
5.5 Noise
No mitigation measures are required.
5.6 Air Quality
No mitigation measures are required.
5.7 Biological Resources
Proposed filling of jurisdictional wetlands must be approved by the Corps via approval of
a Nationwide Permit 26. All revegetation or habitat enhancement measures included in the permit
application (see Consultation Appendix)or required as permit conditions must be in place prior to
operation of the gaming facility. Revegetation will consist of the establishment of native wetland
vegetation around the periphery of the stormwater detention facility in order to ensure 1:1
replacement of all wetland vegetation displaced by gaming facility development.
Project No. 16793 101 963119

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5.8 Cultural Resources -
The MOA executed by the NIGC, the NCDAH, and the Tribe represents the culmination of
the consultation processing concerning site 31JK291 required under Section 106 of the National
Historic Preservation Act. All measures to mitigate adverse effects to site 31JK291 called for in the
MOA shall be implemented to the satisfaction of the NIGC and the NCDAH prior to operation of the
gaming facility.
5.9 Socioeconomics
No mitigation measures are required.
5.10 Land Use
No mitigation measures are required.
5.11 Public Safety
No mitigation measures are required.
5.12 Utilities
The Tribe's wastewater treatment plant expansion must be complete prior to opening of the
gaming facility. Necessary utility installation and upgrades must be completed during construction.
Project No. 16793 103 963119
1
5.13 Aesthetics
No mitigation measures are required.
5.14 Hazardous Materials
All Phase II survey and remediation measures determined as necessary in the Phase I
survey of the project site must be implemented prior to initiation of gaming facility construction.
Project No. 16793
104
963119

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6.0 LIST OF CONTACTS
B.P. Barber & Associates, Ltd., Consulting Engineers
Richard A. Lenderman, P.E.
Bureau of Indian Affairs
Kevin Alford, P.E., Highway Engineer
Cherokee Fire Department
Curtis Arneach, Chief
Cherokee Police Department
Gene Crowe. Jr., Chief
The Eastern Band of Cherokee Indians
Tribal Environmental Office
Eddie Almond, Director
Federal Emergency Management Agency, Region 4
Mark A. Vieira, Region 4
Tribal Utilities Department
Calvin Murphy, Director
Ted Rose, Assistant Director
General Telephone & Electric
Darlene Powell
Jackson County Chamber of Commerce
Martin Adams
Nantahala Power and Light Company
Mark B. West, Vice President, Customer Services & Secretary
J. Winfred Brooks, Area Manager
North Carolina Division of Archives and History (SHPO)
David Moore
Project No. 16793 105
963119

North Carolina Department of Transportation
C.R. Styles, District Engineer
Gary C. Faulkner, Design Review Engineer
Marvin Raper, Commissioner
North Carolina Wildlife Resources Commission
David L. Yow
Tennessee Valley Authority
Steve Amick
US Army Corps of Engineers
David Baker
US Environmental Protection Agency
Mike McGee
US Fish & Wildlife Service
Janice Nicholls
US Park Services
Phil Francis
US Soil Conservation Service
Arthur Wade
Project No. 16793 106
963119
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7.0 REFERENCES

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' 1996 Blue Ridge Cultural Resources
Archaeological Survey and Testing at 31JK291, Jackson County, North Carolina
1993 Bureau of Indian Affairs
' Indian Service Population and Labor Force Estimates
1994 Bureau of Indian Affairs
' Comparison of Various Tracts under Consideration for Potential Gaming Sites on the
Cherokee Reservation. Memorandum, dated November 21, 1994, from Mr. Loy, BIA Area
' Appraiser, to the Acting Area Director, BIA Eastern Area Office.
1976 Eastern Band of Cherokee Indians Tribal Council
Overall Economic Development Plan

1995 Eastern Band of Cherokee Indians Tribal Council
Water Quality Standards for the Eastern Band of Cherokee Indians
' 1995 Elinburg, Shelia C.
Housing Needs Study Prepared for the Eastern Band of Cherokee Indians and the Qualla
' Housing Authority
.1995a Espey, Huston & Associates, Inc.

1995b Site Development Feasibility Analysis
Traffic Impact Analysis for the Planned Casino in Cherokee, North Carolina
1995c Noise Analysis for the Cherokee Indian Gaming Facility
1995d Air Quality Analysis for the Cherokee Indian Gaming Facility
' 1995e Magic Waters Wetland Delineation
1995f Phase I Environmental Assessment - Magic Waters Site
1995g Stormwater Detention Modeling Results and Recommendations - Magic Waters Site
'
1996 Espey, Huston & Associates, Inc.
Cherokee Casino - Floodplain Considerations Related to Casino Site Development
' 1993 Kimley-Horn and Associates, Inc.
Technical Report No. 1 Inventory and Data Collection, Cherokee Indian Reservation
I Transportation Plan
' Project No. 16793 107 963119

1

1994a Kimley-Horn and Associates, Inc.
Technical Report No. 2 Traffic Projections and Identification and Deficiencies, Cherokee
Indian Reservation Transportation Plan
1994b Kimley-Horn and Associates, Inc.
Recommended Transportation Plan, Final Report, Cherokee Indian Reservation
Transportation Plan
1995 Museum of the Cherokee Indian
An Archaeological Survey of the Qualla Boundary in Swain and Jackson Counties, North
Carolina
1995 North Carolina Department of Environment, Health, and Natural Resources
Classifications and Water Quality Standards Applicable to the Surface Waters of North
Carolina
1995 North Carolina Department of Transportation
Traffic Forecast for TIP# U-3414, Feasibility Project #6.401071, on US 19 in Swain and
Jackson Counties
1983 North Carolina Department of Transportation
U.S. 19 Final Environmental Impact Statement
1995 Robert and Company Team
Class III Casino Impact Study
1996 Smith Travel Research
Hotel Occupancy Census: Gatlinburg-Pigeon Forge & Cherokee
1988 Sutton, Ann and Myron Sutton
Eastern Forests, Alfred A. Knopf: New York
1995 Swain County Chamber of Commerce
Untitled Summary of Economic and Living Conditions
Project No. 16793 108 963119

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8.0 LIST OF PREPARERS
D. Kim Beatley, Vice President
W. Bruce Aitkenhead, Associate
William R. Graham, Senior Environmental Planner
Sherri L.M. Kelley, Staff Ecologist
Fred Kicklighter, Senior Traffic Engineer
Matt Roth, Staff Ecologist
Jeff Martone, Senior Hydraulic Engineer
Brian Lewis, Hydraulics Engineer
Gary Guhl, Senior Civil Engineer
Glenn Graham, Senior Traffic Engineer
Mohammed Irfan, Traffic Engineer
Ryan Hill, Environmental Engineer
Dottie Manley, CAD Technician
Mike Clancy, CAD Technician
Brent Riggs, Consultant Archaeologist
Tom King, Production Specialist
Project No. 16793 109
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Project No. 16793
9.0 CONSULTATION APPENDIX
110
963119
12 1946
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STATE OF NORTH CAROLINA C ,
' DEPARTMENT OF TRANSPORTATION DisTPI
jAMFS B. HUNT JIL P,O. BOX 25201 RALEIGH. W.C. 27611-5201 GARLAND B. GARRm J&
' GOVERNOR SECAFfARY
April 8, 1996
In reply reference to
File No. SC-95-174R1

MEMORANDUM
TO: C.R. Styles, P.E., District Engineer
Division 14
FROM: G.C. Faulkner, Design Review Engineer .
Congestion Management Section
SUBJECT: Access Review for Revised Cherokee Casino Site Plan.
US 441 BUS @ US 19, Cherokee, Jackson County
Per your request to evaluate the potential impact of this site on the existing roadway system, a review of
the submitted Traffic Impact Analysis (TIA) addendum has been completed by the Access Review Group
of the Traffic Engineering Branch. Based on the revised TIA incorporating one full movement access
onto US 19, and our original review of the proposed site, we submit the following:
Given the increased traffic anticipated with this site and the conversion of the existing "Tee" intersection
into a four (4) leg intersection, we anticipate a mote complex phasing and timing scheme than what this
revised TIA indicates. Based on this assumption, we anticipate this intersection to operate at a poor "C"
level-of-service during the peak time frame noted in the TIA. In order to minimize delay and improve
operations at this intersection, we recommend the following geometric improvements be provided:
a Extend the proposed 300 foot eastbound left turn lane to at least 350 feet with a 150 foot taper.
a Due to projected southbound right turn movements, a minimum 250 foot right turn lane, with
appropriate taper, should be provided.
a We recommend that both the westbound right and left turn lanes be extended to 350 fect with 150
foot taper. These extensions of the full storage lengths will remove turning vehicles from the through
movement lanes earlier to increase the capacity of all intersection lanes.
a To improve the US 19/US 441 BUS intersection, signal optimization (i.e. system interconnect,
timing, etc.) should be incorporated under the proposed development.
a According to the submitted site plan, the main access into the casino is shown as a divided entrance.
Cue should be taken to properly align all through movements throughout the project. For
ehannelization requirements, refer to the "Policy on Street and Driveway Access to Noah Carolina
Highwaya", figure 25, page 50.
• Based on calculated internal queue lengths at the casino's main entrance, a 350 foot protected stem is
recommended.
a 40 foot radii is recommended at all entrances to accommodate bus and service traffic.
a The proposed 11 foot turn lanes should be widened to 12 feet if possible to provide adequate turning
width for service vehicles and buses.
E4W
1 APR 15 '96 08 34
?044883518 PAGE.02
. C-R. Styles, P.E.
4/9/%
SC-95-174M
Page 2
It should be noted that there is concern that only one (l) point of ingress and egress may not provide a
reasonable service to the property without undue impairments of convenience, safety and utility of the
highway. The casino and highway users will experience additional intersection delay than originally
determined, due to the lack of other access options to and from the proposed site. Typically, most
municipalities require two (2) points of ingress/egress for emergency purposes, we suggest that the Town
of Cherokee address this issue. Permit approvals should be considered when a site plan, showing internal
traffic circulation and building placement, is submitted to the Department for review and approval.
' In addition to the above recommendations, reference should be made to our original report as it relates to
the impact of this development on nearby intersections and roadways. If we can be of further assistance,
please eomact myself or T.A. Hawley, P.E. at [phone].
GCFITAH jb
Attachment

11

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17,

cc: F.D. Martin, P.E. (Attention: R. Moore, PE.)
N.C. Crowe, P.E. (Attention: J.C. Hoyle)
T.A. Peoples, P.E. (Attention: E.Y. Stafford)
R Canalea, P.E.
APR 15 '96 08:3s
7044883518 PAGE.03
** TOTAL PAGE.03 **

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801

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Ms. Sherri Kelley
Espey, Huston & Associates, Inc.
11838 Rock Landing Drive, Suite 250
Newport News, Virginia 23606-4232

Dear Ms. Kelley:

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.,,A23466),
?? ?,?1N 1996 N?
°' RECEIVE ? ;'
?ZLZ0zro
Subject: Proposed construction of Harrah's Cherokee Smoky Mountain Casino, Eastern Band of
Cherokee Indians, Jackson County, North Carolina
In your letter of May 15, 1996, you transmitted a copy of a biological report associated with the
subject project. The following comments are provided in accordance with the provisions of
Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
A U.S. Fish and Wildlife Service (Service) biologist visited the project site on February 20,
1996, with representatives from the U.S. Army Corps of Engineers (Corps), North Carolina
Wildlife Resources Commission, the Eastern Band of Cherokee Indians, and B. P. Barber &
Associates. The Service has no concerns regarding the subject project and sent a letter to the
Corps to that effect on February 27, 1996 (copy enclosed).
The Service concurs with your determination that the proposed project will have "no effect" on
federally listed species. In view of this, the Service believes the requirements under Section 7(c)
of the Act are fulfilled. However, obligations under Section 7 of the Act must be reconsidered if:
(1) new information reveals impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered, (2) this action is subsequently modified in
a manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Please do not hesitate to contact Ms. Janice Nicholls of our staff at 704/258-3939, Ext. 227, if
you have any questions regarding our comments. We have assigned our Log No.'4-2-96-045 to

this project. Please refer to this number in all future correspondence directed to us concerning
this matter. Also, please note that our correct address is: 160 Zillicoa Street, Asheville, North
Carolina 28801.
Sincerely,
1224 ?-
Brian P. Cole
Field Supervisor
Enclosure
' EV%*,A?-
Espey, Huston & Associates, Inc.
Engineering & Environmental Consultants
1 May 15, 1996
1 Ms. Janice Nicholls
U.S. Fish and Wildlife Service
330 Ridgefield Court
Asheville, North Carolina 28806
RE: Magic Waters Site: Threatened and Endangered Species
EH&A Project No. 16793

Dear Ms. Nicholls:
A proposal by the Eastern Band of Cherokee Indians to build an Indian Gaming
Facility at the Magic Waters site near downtown Cherokee is currently undergoing
environmental review. The Lead Agency for the purposes of National Environmental
Policy Act review is the National Indian Gaming Commission (NIGC).
Enclosed, please find a copy of a memo describing the biological resources,
habitat types and the potential for suitable endangered species habitat at the Magic
Waters site. I have included two figures: one depicts the existing conditions of the
project site and the other portrays the delineated wetlands.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Sherri Kelley
Staff Ecologist
CC: Terry Heide, NIGC
Project No. 16793 Document No. 9611061
11838 Rock Landing Drive, Suite 250 - Newport News, Virginia 23606-4232
A PLANET PACIFIC COMPANY [phone] TEL - [phone] FAX

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MEMORANDUM
Date: May 9, 1996
To: 16793 3.3.3
From: Sherri Kelley
RE: Threatened and Endangered Species
Introduction
The proposed gaming facility is located in a developed area in the Great Smoky
Mountains. The project vicinity is host to Southern Appalachian forest, an area of
extreme diversity in forest habitats. Included within this ecoregion are mixed deciduous
hardwoods, boreal and transitional forests in the highlands, oaks and hickories
scattered about and pine woods at lower elevations. The Southern Appalachian forest
is host to the greatest number of diverse tree species in North America (Sutton and
Sutton, 1988).
The project site lies at about elevation 2,000 feet msl, on a relatively narrow tract
of flat bottom land adjacent to Soco Creek. The natural topography has been altered
through fill activities during prior development of an amusement and water theme park.
Soco Creek, which used to flow through the property, has been redirected to the west
of its original location and now flows along the southern border of the site adjacent to
US 19. Along this southern border, the creek is deeply channelized. Riparian
vegetation is sparse and dominated by alder (Alnus sp.). The northern boundary lies
along the base of a heavily forested slope. Two streams flow onto the property from
the north. Stillwell Branch and an unnamed perennial stream empty into the 4.25 acre
man-made pond which is a prominent feature on the eastern half of the property.
Site Inventory
The habitat value of the preferred alternative site is quite low due to the highly
disturbed state of the property. None of the land remains undisturbed as a result of the
development of the property as an amusement park and later, as a water park. The
site consists of a 7.5 acre mown grass field on the west, a nine acre vacant field
(formerly an asphalted parking lot) to the east of the grassy field, a two acre man-made
lake and an eleven acre eastern portion which holds the majority of the amusement
park buildings. The proposed casino development would impact all of these areas.
Project No. 16793 Document No. 9611056

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Espey, Huston & Associates, Inc.
The western section of the property is covered by a regularly mown, 7.5 acre
field of grasses. Adjacent to the field, a 0.27 acre wetland pocket is located in a low
l lying drainage area in the northwest corner and along the western border of the site.
Willow saplings (Salix sp.), wool grass (Scirpus cyperinus), soft rush (Juncus effusus),
Lespedeza sp. and several grasses (Poa spp.) are present in this unmown area.
A nine acre vacant field (formerly an asphalted parking lot) lies to the east of the
grassy field. Adjacent to the northeast corner of the former parking lot, Stillwell Branch
' tributary enters the property and intersects a drainage ditch associated with Stillwell
Road. At this location lies a small wetland pocket, 0.11 acre, which holds cattails
(Typha latifolia), soft rush, black needle rush (Juncus roemerianus), jewel weed
(Impatiens capensis), wild blackberry (Rubus sp.) and kudzu (Pueraria lobata).
The man-made, two acre pond is bordered by small willow trees, tag alder
shrubs (Alnus serrulata), soft rush, black needle rush, spike rush (Eleocharis obtusa),
sedges (Carex spp.), climbing buckwheat (Polyganum cilinode), smartweed
(Polyganum pennsylvanicum), false nettle (Boehmeria cylindrica), fescue (Festuca sp.),
jewel weed and wild blackberry.
The eastern portion of the site is populated by cultivated red maple (Ater
rubrum), oak (Quercus spp.), pine (Pinus spp.) and sycamore (Platanus occidenta/is)
trees, broom straw (Andropogon sp.) and other grasses (Poa spp.) in addition to the
many dilapidated buildings of the old Frontierland amusement park. The eastern
tributary is bordered by tag alder, false nettle, jewel weed, smartweed, sedges and soft
rush. The drainage ditch which joins this tributary is covered by a canopy of kudzu.
1 Sycamore saplings, soft rush, black needle rush, goldenrod (Solidago sp.), chickweed
(Stellaria sp.) and wild blackberry are found in the upland areas south of the ditch.
Several types of birds were observed at the site, including the American robin
(Turdus migratorius), northern cardinal (Cardinalis cardinalis), mockingbird, brown
wren, morning dove, southern leopard frog (Rana sphenocephala), painted turtle
(Chrysemys picta).
Threatened and Endangered Species
No federally listed or proposed threatened or endangered species are known to
1 occur in the project area, according to the U.S. Fish and Wildlife Service; however, the
project site has not been systematically inventoried by the Service.

I Project No. 16793
Document No. 9611056

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Espey, Huston & Associates, Inc.
The Swain County list of federally endangered and threatened species includes
the eastern cougar (Felis concolor couguar), the Carolina northern flying squirrel
(Glaucomys sabrinus coloratus), the Indiana bat (Myotis soda/is), the spotfin chub
(Hybopsis monacha), the noonday snail (Mesodon clarki nantahala) and the little-wing
pearly mussel (Pegias fabula); the Appalachian elktoe (Alasmidonta raveneliana), the
spruce-fir moss spider (Microhexura montivaga) and the rock gnome lichen
(Gynoderma lineare) are proposed endangered. Jackson County is host to the
federally listed Carolina northern flying squirrel, the Indiana bat, the peregrine falcon
(Falco peregrinus), the swamp pink (Helonias bullata) and the small-whorled pogonia
(Isotria medeoloides). The proposed endangered rock gnome lichen is also known in
Jackson County.
Due to the history of disturbance at the project site, as described above, the
Magic Waters site does not contain the mature, forested habitat suitable for the eastern
cougar, the Carolina northern flying squirrel, the peregrine falcon, the spruce-fir moss
spider, the small-whorled pogonia, or the rock gnome lichen. Nor does the proposed
project site contain Swamp pink habitat: organic, sphagnous soils. The little-wing
pearly mussel and the Appalachian elktoe are not known to occur in Soco Creek, nor
are they expected to as the creek lacks riffle habitat. If the Indiana bat inhabits the
surrounding area, the proposed project would not negatively affect its foraging patterns.
There are a number of candidate species listed as occurring in Swain and
Jackson Counties, as well, but due to the unforested nature of the project site, and to
the on-going disturbances at the site, it is highly unlikely that any of these candidate
species should occur at Magic Waters.
Conclusion
Given the lack of sensitive habitat or species in the project area, no adverse
significant effects to biological resources are anticipated. Implementation of the
Proposed Action is not expected to adversely affect any threatened or endangered
species.
I Project No. 16911
Document No. 9611056

ERNM
Espey, Huston & Associates, Inc.
I Reference
I1988 Sutton, Ann and Myron Sutton
Eastern Forests, Alfred A. Knopf: New York

1

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Jack E. Gloyne
Chairman
Birdtown Township
Billy Brown
Vice-Chairman

t Snowbird &
herokee Co. Township
? Trlbal Council Members
Jim Bowman
Snowbird &
herokee Co. Township
Delores B. Davis
Yellowhill Township
Alan B. Ensley
Yellowhill Township

Steve George
Wolfetown Township
Bill Lambert
Birdtown Township
Henson Littlejohn
Wolfetown Township
oodrow W. Lossiah
§Big Cove Township
Eferesa Bradley McCoy
0 Big Cove Township
egina Ledford Rosario
I Painttown Township
Marion Teesateskie
I Painttown Township
The Eastern Band of Cherokee Indians
Zhe Hp orabfe yo Ce C an., D iC1 a(CFl tef
Zhe `X(1 orabfe GerardPalkeri Vice-Chief
May 1, 1996
Ms. Terry P. Heide
National Indian Gaming Commission
1441 L Street NW; 9th Floor
Washington, DC 20005
Re: EA for Eastern Band of Cherokee Indians Gaming
Facility
Dear Ms. Heide:
On August 19, 1994, by letter, the US Fish and Wildlife
Service indicated that no federally listed or proposed
threatened or endangered species would be impacted by the
planned gaming development to be located at the old Magic
Waters site(attached).
In addition, I know of no species, in addition to the
federally listed species, in which the Eastern Band of
Cherokee Indians has identified for protection on or near.
the above site.
I hope the above answers your questions regarding
endangered species associated the planned gaming
development at Cherokee.
Should you have additional questions please feel free to
contact me.
Sincerely,
Eddie Almond, Director
Tribal Environmental Office
CC: Bill Graham
Pete Kinsella
Qualla Boundary • P.O. Box 455 • Cherokee, N.C. 28719
1 Telephone: [phone] or 497-4771
Telefax: [phone]
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OCT 23 195 15:03
0 North Carolina Wildlife Resources Commission DJ
512 N. Saliabury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
October 4, 1995
Mr. Robert Johnson, Office Manager l (Q
U. S. Army Corps of Engineers
Replatory Branch
15 1 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
SUBJECT: Eastern Band of Cherokee Indiana Nationwide 404 Permit Application
Fill above headwaters adjacent to Soto Creek
Cherokee Indian Reservation/Jackson County, North Carolina
Dear Mr. Johnson:
The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission
(NCWRC) to obtain a 404 permit from the U. S. Army Corps of Engineers. I have reviewed information provided by
the applicant, and I am brailiar with habitat values of the project area. These comments are based on our concerns
regarding downstream waters of the U. S., managed for trout by the NCWRC, and are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the fish and Wildlife Coordination Act (48
Stan. 401, as amended; 16 U.S.C. 661-667d).
Based on the information provided by the applicant we have no objection to the creation of the strormwater
retention area and vegetative plantings on Soco Creek to compensate for wetland impacts oil the project site. We
request that a specific plan for the retention area and streamside plantings be provide to the Corps of Engineers for
interagency review prior to permitting. We also caution the applicant that adequate sedimentation and erosion control
measures should be implemented and maintained on the project site to avoid impacts to downstream aquatic resources.
Thank you for the opportunity to review and comment on this project. pending availability of field staff, the
NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments,
please contact me at [phone].
cc: Eastern Band of Cherokee Indians, applicant
Sirl?;/O-?
D avid L. Yow
District 9 Habitat Biologist
OPTIONAL wHM 99 (7.901
FAX TRANSMITTAL Ai,IIu,tgr%lb
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GENERAL SERVICES ADMINISTRATION
7044973615 PAGE.01
i RECEIVED
r B. P. BARBER & ASSOCIATES, INC. Ft6 1 9 1996
,? ENGINEERS - PLANNERS - SURVEYORS
:w
2611 FOREST DRIVE i COLUMBIA. SOUTH CAROLINA 29204-2379
TCLCPMONC 803 2SA-4400 FACSIMILE 603 771-6676
/ MAILING: P.O. SOX 1116 / COLUMSIA. SOUTM CAROLINA 29202-1116
February 9, 1996
,t Mr. David Baker
1 U.S. Army Corp of Engineers
1
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801
RE: Harrah's Cherokee Smoky Mountain Casino
' Project No. 95517
Dear Mr. Baker:
Please find attached the permit application and supporting data regarding the above
referenced project Also included is a Wetlands Delineation map provided by Espey, Huston &
Associates, Inc. Please review this information and I will call you on Monday, February 12, 1996
to set-up a meeting to discuss.
Very truly yours,
i! B. P. BARBER & ASSOCIATES, INC.
Stephen S. Staley
Design Engineer
SSS:dm
Enclosures
cc: Mr. Peter Kinsella. Harrah's Entertainment, Inc.
Mr. David Scott, Cunningham, Hamilton & Quiter, PA
Mr. Eddie Almond, Cherokee Indians
Mr. Rick Lenderman, BPB, Spartanburg Office
Mr. George Derrick, BPB, Columbia Office
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FES 32 '96 11: 2-3AM 3 P 69-Z5ER 3 ASS-)'-
DF-NS ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide ?==it *?:
JOINTT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WPII..MNOTON DISTRICT ENGLNEER NVATER QUA P"\G- NG
CORPS OF ENGINEERS DIVISION OFENVIIZO-NMENTAL MANAGEMENT
DEPAFZNMNT OF THE AR.NMY NC DEPARTMENT OF ENVIRONMENT. HEALTH,
P.O. Box 1890 _ AND NATURAL RESOLURCrS NC 28402-1990 P.O. Box 29535
ATTN: ?CESAW-C E - - - Rale gt. NC 27626-0535
Telephone [phone]. ATTN: NEL TOM; DORNEY
Telephone [phone]
ONE (1) COPY OF THM COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF EriGIIJEeRS.
SEVEN M-C-0PIFS -SHOULD BE-SLNT TO THE •N.C-: DMSION• 012-ErVIRONMENrAL•M:?%PAGENM.Nr
PLEASE PRINT.
1. Owners Name:. Easte= Band of Char-'tee Irdi ars
2. OwnersAdd-=: P.O. Sox 455• Cherokee NC 28719
3. Owners Phone Number (Home): N/A (Work): ('704)497-2-,71
.
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Jovice Ducan P-incioal CMAf
P.O. Box 455
Cherokee, *1C 28719 (7041457-2771
5. Location of work (MUST ATTACH MAP). County: _ sac cson
Nearest Town or Cary: Cherokee Indian Dose-vatior •Ctarok NC
Specific Location (Include road numbers, landmarks, em.): US Ti=*h ay 19 north - old M.pr*i
?ront'-erland Amusemert ?ark
6. Name of Closest Stmam/River. Soto Creek
7. River Basia: Tennessee River
8. Is this project I=ted in a watersh_-d classified as Trout, SA, HQW, ORW, WS I, or WS II? YES "A NO [ )
9. Have any Section 404 permits been previously requested for ,.am on this proprry? YES NO [.?
1 If yes, explain - -
10. Esrii=md total number of acres of wa= of the US, including wetlands, located on project site:
Pond = 4 25 acres Soco Creek 1.37 Acres we=' znc's - i.71 at--et ^Nr 7. : ;_eC s
11. Number of acres of waters of th-- U.S.. including wetlands, impacted by the prooosed proje-=

Filled: ?ond = 4.25 Ac=es, Wetlands - 0.90 acres
Drained:

Flooded:
Excavated:
Total Impacted: 5.15 Acres
P.2/3
rFEB 02 '96 11: 2=AM B P BAREER 3 =,SS-0_ --? 3?? -
1 mare r-ade pond
a of and
!- proposed work (Attach PLANS-8 12" X 11" dmwings only): -111 an
..?12 Deseipco
?? 0.90 acres od wetlands.. ?doe ex:stiaa c-e k
6F 113. Pta'pose of proposedwodc: Development of site for ga-mir'17 and related act:vitias.
.
L?
"• 14. Stare reasons why the applicant believes that this activity must be carried our in wetlands. Also, note measures
ntD nrir+,mi?t WCt1at11 j???, The pond and wetland areas a-a not cmmzatible with nl r^n•
Zeveloom&nt. n
,..
15. son RlA-
Youare roiuited w contact the U.S. Fish and Wildlife Savi= (LTSFWS) and/or National Maz;nc Fishaits Service
' 04MF37 regardin; the,presence or any Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit arcs that may be affecred by the proposed project. Have you done so? YES Pt ] NO [ I
` RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Hi-storic Preservation Officer ISM) regarding the presets: of historic
. properties in the pewit area which maybe affected by the proposed project? Have you; done so? ACES f x] NO[ 1
RESPONSE FROM THE SIPO SHOULD BE FORWARDED TO CORPS.

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17. Additional information required by DL-NI:
A. Wedand delineation map showing all wetlands, strearns. and lakes on the property.
B. If available, representative photograph of wedands to be impa=d by project.
C. If delineation was performed by i consultant, include all darn sheers relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this prof ect. &Mach copy. ;
E. What is land use of suaounding propc:Tv?
F. If applicable, what is proposed method or sewage disposal?
Si - Date
Joy C. Dugan, Principal Chief
011?
Eastern Band of Cherokee Indians

I .. I
NARRATIVE SITE DESCRIPTION
-t
roject Site Descrintion
The project site is located on a 37 acre tract of land at the intersection of Business 441
and Route 19 on the Cherokee Indian Reservation in Jackson County, North Carolina.
Development of the site will consist of a casino, parking lot and related infrastructure. The
impacts from the development qualify for Nationwide Permit 26, Headwaters and Isolated
Waters. Proposed vegetative detention areas and enhancements to Soco Creek will offset the
impact of filling the wetlands and pond area.
The property is fairly level due to extensive fill during the construction of an amusement
park. The Soco Creek used to run through the property, but the channel was redirected to run
westward along the southern border of the site. Along this southern border the creek is deeply
channelized and the property slopes steeply down to the creek. In the northwestern corner of the
site lies a small depression which appears to collect water periodically. This depression drains
into the Soco Creek along the eastern edge of the property. The northern boundary lies at the
foot of a steep upward slope and the western boundary ties on a relatively flat plain. Two -
tributaries run into the property from the hills to the north. The Stillwell Branch tributary and an
unnamed tributary empty into the man-made pond which is located in the center of the property.
There is also a drainage ditch which joins the unnamed tributary before emptying into the pond.
These two tributaries apparently fed two water slides which lie adjacent to the pond.
The entire site has been disturbed to some degree during its history through development
as an amusement park and as a water park. The western section of the property is covered by a
regularly mown, 7.5 acre field of grasses. Adjacent to the field, 0.27 acre wetland pocket is

1 of 11

located in a low lying drainage area in the northwest corner and along the western border of the
' site. Willow saplings (Salix sp.), wool grass (Scirpus cyperinus), soft rush (Juncus effusus),
Lespedeza sp. and several grasses (Poa spp.) are present in this unmown area. The soils in these
,j areas are chroma 2 with mottles and contain oxidized rhizospheres. Stained leaves are present in
' these depressions and the soils are saturated to the surface.
A nine acre parking lot lies to the east of the grassy field. Adjacent to the northeast corner
'• of the asphalt lot, Stillwell Br
, S anch tributary enters the property and intersects a drainage ditch
associated with Stillwell Road. At this location lies a small wetland pocket, 0.11 acre, which
holds cattails (Typha latifolia), soft rush, black needle rush (Juncus roemerianus), jewel weed
(Impatiens capensis), wild blackberry (Rubus sp.) and kudzu (Pueraria lobata). The soils are
saturated to the surface or to within six inches of the surface. Typically, the soils are chroma 1
with mottles.
The man-made, 4.25 acre pond is bordered by small willow trees, tag alder shrubs, (Alnus
serrulata), soft rush, black needle rush, spike rush (Eleocharis obtusa), sedges (Carex spp.),
climbing buckwheat (Polyganum cilinode), smartweed (Polyganum pennsylvanicum), false nettle
(Boehmeria cylindrica), fescue (Festuca sp.), jewel weed and wild blackberry. The soils around
the pond were typically chroma 1 with mottles at several locations around the pond. The wetland
fringe around the pond contained stained leaves and the soils were saturated to the 'surface, The
wetland areas around the pond totaled 0.29 acre.
The eastern portion of the site is populated by cultivated red maple (Acer rubrum), oak
(Quercus spp.), pine (Pinus spp.) and sycamore (Platanus occid'entalis) trees, broom straw
(Andropogon sp.) and other grasses (Poa spp.) in addition to the many dilapidated buildings of
the old Frontierland amusement park. The eastern tributary is bordered by tag alder, false nettle,
jewel weed, smartweed, sedges and soft rush. The drainage ditch which joins this tributary is
covered by a canopy of kudzu. The soils associated with the tributary and ditch are typically
chroma 1 and were saturated to the surface or to within three inches of the surface. The wetlands

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associated with the drainage ditch and the tributary are 0.56 acres in size. Sycamore saplings, soft
'r rush, black needle rush, goldenrod (Solidago sp.), chickweed (Stellaria sp.) and wild blackberry
are found in the upland areas south of the ditch.
PPr ject Development Description
The purpose of the project is to construct a commercial development, Harrah's Cherokee
Smoky Mountain Casino, and related infrastructure. The applicant proposes to fill 0.90 acre of
above the headwaters freshwater wetlands as well as some isolated wetlands associated with the
man-made pond and other small low lying areas.
Al The applicant plans to offset the impact on the wetlands and pond by utilizing proposed
vegetative detention areas and enhancements to Soco Creek.
Impact omnen, cation
The applicant proposes to compensate for the 0.90 acre of impact on the existing 1.23
acres of wetlands and the filling of the man-made pond through the use of vegetative detention
1
areas and enhancements of a portion of Soco Creek within the property boundary. Plantings
within the detention areas will consist of swamp dogtivood (Comus foemina), red maple (Acer
rubrum), sedges (Carex spp.), and rush (Eleocharis obtusa). Tributaries and drainage ditches
crossing the property will be piped directly to Soco Creek. Thus not allowing any pollutants
generated from the area to discharge into the creek. The riparian areas of
parking Soco Creek
will be enhanced with plantings and structures indigenous to the region facilitating a habitat for
plants and animals. Boulders will be placed in and around the creek area to create an environment
' for invertebrates and trout. Typical plantings for the riparian areas of Soco Creek will be tag
alder (.Anus serrulator), black willow (Salix nigra), and rhododendron (Rhododendron maxima).
The plantings for these areas are not limited to the previous, but shall include these along with
other plantings for aesthetic purposes. Cattails (Typha latifolia) will not be permitted in these
3 of 11
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,t areas. A landscaping plan will be forth coming from the architect and will include an extensive
planting schedule for these areas. These enhanced areas will be monitored during site
t
'
.
construction and afterwards bi-annually for two years to ensure at least 75% survival of the
plantings. A brief report will be provided at the end of the monitoring period with color
i
photographs from the monitoring inspections.

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GREAT SMOKY MSS f? w
TENMESSEE.,`_

I-1/GI-1WA Y MAP
C-npi/-d fr-
N. C. X/Cf! wAY YAP
;3

Project Tille
HARRAH'S CHEROKEE SMOKY MOUNTAINS CASINO
HIGHWAY MAP
Pro7ee: Locahan
CHEROKEE INDIAN RESERVATION
JACKSON COUNTY. NORTH CAROLINA
AUUumztd Agent
B.P. BARBER it ASSOCIATES. INC.
Draunng Seale I« : 13 MILES Date 2/S/96
Apptieation M Sheet S o/ j
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L 0 C4 7-101V IVA I'D
Project Title
HARRAH'S CHEROKEE SMOKY MOUNTAINS CASINO
COTt? f'°"?' LOCATION MAP
U.S.C.S. TOPoCRdPK/C 1(AP Project locat+on
CHEROKEE INDIAN RESERVATION
JACKSON COUNTY, NORTH CAROLINA
AutAanzed Agent INC.
B.P. BARBER k ASSOCIATES.
Drounng Scate I» s 2000' Date 2/3/96
Appiicotior. ii CA fft 4? '??

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THE EASTERN BAND OF CHEROKEE INDIANS
Qualla Boundary - P.O. Sox 455. Cherokee, N.C. 28719
G1 7>zlep6One: [phone] 497-4771
_t
FAX No. [phone]
IRV
IONATIIAN L. TAYLOR. Principal Chief
4 'vim 4?`' GERARU PARKEK. Vice-Chief
VJ`IT,
i
. MEMORANDUM
--? DATE: July 26, 1995
TO: Bill Graham
Espey, Huston & Associates, Inc.
it FROM: Eddie Almond
Tribal Environmental Office
SUBJECT: Pond/Lake at Proposed Magic Waters Casino Site
Today, I met with Mr. David Baker from the Asheville, North
Carolina Army Corps of Engineers regulatory office, regarding
' placement of fill material in the pond located on the site.
Mr. Bakers response indicated that an application for a fill
pewit-under the Nationwide General Permit process would be
necessary. The USEPA would be responsible for the 401 Water
Quality certification. In addition, it is recommended, that as
part of our permit application, some mitigation be proposed.
' Possible mitigation could be a vegetated storm water retention
area and/or improvements, via vegetation, to the riparian area
along Soco Creek.
Mr. Baker indicated based on the existing poor water a
the pond, considerable thought should be undertaken regardinglthe
draining of the water into Soco Creek.
Should you have questions or require additional information
please give me call at [phone]
oprr) 6 raw„ 1744
FAX TRANSMITTAL
1 '// ?,J?CT/,/? I?'1'O?v'< A//111 wO?
T 1? Rorr 9
TRIBAL 41't{*?•. 7g9trt 704< elf? 7P.150
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Wt111AMR.UYltMC D ?S3-SG3Z_ 7a# q"-36
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yW?T (, itt ANKLNSMtl• MO 01 . t7 . M SOiF.101 F :.CAVIt:Ci ?ONwu'fM1i0f1 wtnr
M:.Yr.w to.w.l?. r•IYM.A•N Ta?w?l`P
MAMIt)N TUSATCbul
Pry ??? LAI III Ytt U. f •A!!1tM a w PAAKt K
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AAkAI &AM WACMAU H
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79
Jack E. Gloyne
Chairman
Birdtown Township
Billy Brown,
vice-Chairman
Snowbird &
Cherokee Co. Township
Tribes Council Members
Jim Bowman
Snowbird & .
Cherokee Co. Township
Delores B. Davis
Yellowhill Township
Alan B. Ensley
Yeilowhill 'rows-hip
Steve George
WolfeWwn Township
Bill Lambert
Birdtown Township
Henson Littlejohn
Wolfctown Township
Woodrow W. Lossiah
Big Cove Township
Teresa Bradley McCoy
Big Cove Township
ROW Ledford Rosario
Painttmm Township
The --, texn Band of Cherokee Indians
qhe Hmombk Joyce C DW=i Piincipcd Grief
2icXmorabk GmdParker, (def
May 13, 1996
Ms.•Terry Heide, 1JEPA Compliance Officer of
National Indian Gaming Commission
1441 "L" Street, NW
9th Floor
Washington, DC 20005

Re: Eastern Band of Cherokee Indians Casino Environment
Assessment
Dear Ms. Heide:
This letter is intended to document the Tribe's
position regarding the proposed Indian Gaming Facility
with respect to the American Indian Religious Freedom
Act. We are aware of the cultural resources encountered
during the archaeological excavations at the Magic Waters
site. It has been determined that, given the procedures
to be implemented via a Memorandum of Agreement being
finalized by the NIGC, the North Carolina SHPO, and the
Tribe, the proposed project will not adversely impact
properties regarded as being of religious or sacred
significance to the Tribal community.
Sincerely,
EASTERN BAND OF CHEROKEE INDIANS
J.r.cira'leCjoyc C. Dugan
pal Chief
9ualla Boundary - P.O. Box 455 - Cherokee, N.C. 28719
Telephone: [phone] or 497-4771
Telefax: [phone]
MAY 16 '96 0933
TOTAL P.003
2026327066 PAGE. 03
Marion Teesateslde
Painttown Township
L

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North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty tray McCain, Secretary
May 7, 1996
Terry Pfutzenreuter Heide
NEPA Compliance Officer
National Indian Gaming Commission
1441 L Street, NW
9th Floor
Washington, DC 20005
Re: Development to house bingo, gaming activities, and
associated facilities, Harrah's North Carolina Casinos,
Jackson County, ER 95-7312, ER 96-8304
Dear Ms. Heide:
Thank you for your letter of April 10, 1996, concerning the above project.
;v
We concur that site 31JK291 is eligible for listing on the National Register of Historic
Places under Criterion D. The site has the potential to yield information about settlement
patterns of Woodland and Mississippian period occupations. We also concur that the
original plan of construction constituted an adverse effect on this site and that an
Memorandum of Agreement (MOA) is appropriate to mitigate the adverse effect of
recovering the site. We further understand the location of the identified burial will not be
covered with asphalt but only with earth.
Since an MOA is needed as quickly as possible to reduce the threats of vandalism at the
site, David Moore will be available to assist you with details as you draft the MOA. We
look forward to completing t his project as quickly and carefully as possible. Please provide
a copy of all drafts of the MOA to me for review. My FAX number is 919/733-8653 if you
wish to expedite our review of revisions to the draft MOA.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763.
Sigverely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: David Baker, Army Corps of Engineers, Asheville
109 East Jones Street - Raleigh, North Carolina 276014807
MAY 16 196 09=33 2026327066 PAGE.02
Division of Archives and History
Jeffrey J. Crow, Director
0?_
CHEROKEE INDIAN POLICE DEPARTMENT
' GENE CROWE, JR.
CHIEF OF POLICE

Ms. Terry P. Heide
National Indian Gaming Commission
1850 M Street, NW Suite 1850
Washington, DC 20036

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Police Department - 704/497-7212
Emergency - 800/442-7377
FAX - 704/497-5503
76L Aetcd a.rd Sctiac
April 26, 1996 %
Re: Environmental Assessment - Tribal Gaming Project
Dear Ms. Heide:
In response to questions regarding Section 4.11.3 Police
Protection, of the Environmental Assessment, I can provide the
following comments.
Since October 1995, the Tribe has purchased 4 new Police cars and
2 new 4X4 vehicles.
In this fiscal year, the Tribe will employ 4 new detectives via a
93-638 contract with the Bureau of Indian Affairs.
In fiscal year 1997, the Police department plans to employee an
additional 4 new officers.
Based on these accomplished and planned improvements to the
Cherokee Police Department, the construction of the planned
gaming facility will not negatively impact our ability to provide
essential police services to the Cherokee community.
Thank you for your interest in the Cherokee Indian Reservation.
Should you have questions or require additional information,
please feel free to contact me.
1 Acquoni Road
Sincerely,
_
J:-J
Crowe, Jr
Chief of Police
0 P.O. Box 1330 Cherokee, NC 28719-1330

;,,, , I I` k„A% The Eastern Band of Cherokee Indians
r i7
„. '? ?/,?? d 9fie ?fonom6?eyoyce C Began, T ncipa(Chief
`p, v nq The Honorable GerardParker, Vwe-Chief
April 26, 1996
Jack E. Gloyne
Chairman
?Birdtown Township Ms. Terry P. Heide
National Indian Gaming Commission
Billy Brown 1850 M Street, NW Suite 1850
' vice-Chainnan Washington, DC 20036
Snowbird &
Cherokee Co. Township Re : Environmental Assessment - Tribal Gaming Project
Tribal Coundl Members Dear Ms. Heide:
Jim Bowman In response to questions regarding Section 4.11.1
Snowbird & , Fire Protection, of the Environmental Assessment, I can
herokee Co. Township
provide the following comments.
felores B. Davis
ellowhill Township
Alan B. Ensley
'yellowhill 'T'ownship
Sieve George
r"'Ifetown'rownship
Bill Lambert
131rdtown Township
,
lenson Littlejohn
WoUetown "Township
I'miroto 11?. Wssialt
Iiil; Cove Township
Ilert,sa Breuile: J McCoy
mg Cure Township
erluai 1xviford Roswio
I'ainttown Township
Since October 1995, the Tribe has placed on order
for 3 new Fire Trucks. Delivery for this new equipment is
in June, 1996 and February, 1997.
In December 1995, the Tribe accepted delivery of a
new aerial ladder truck to accommodate multi-story
buildings.
This year the Fire Department employed one
additional full-time fireman. We plan additional staff
in the upcoming fiscal years.
In addition, the Cherokee Fire Department has mutual
aid agreements with adjacent non-Indian communities for
equipment and manpower assistance upon request.
Based on these accomplished and planned improvements
to the Cherokee Fire Department, the construction of the
planned gaming facility will not negatively impact our
ability to provide essential fire protection service to
the Cherokee community.
Thank you for your interest in the Cherokee Indian
Reservation. Should you have questions or require
additional information, please feel free to contact me.
Sincerely,
C? L, C J'. a, (?' -, t ' a,- ;"'
Curtis Arneach
Fire Chief
Qualla Boundary • P.O. Box 455 • Cherokee, N.C. 28719
Telephone: [phone] or 497-4771
Telefax: [phone]
I f(irioti Teesaleskie
11alnuown Township
? cH1ERpk^
2
Owl

Jack E. Gloyne
Chairman
' Birdtown Township
Billy Brown
Vice-Chairman
Snowbird &
Cherokee Co. Township
Tribal Council Members
Jim Bowman
t Snowbird &
herokee Co. Township
Delores B. Davis
' Yellowhill Township
Alan B. Ensley
Yellowhill Township

Steve George
Wolfetown Township
Bill Lambert
Birdtown Township
I Henson Littlejohn
Wolfetown Township
MWMWoodrow W. Lossiah
Big Cove Township
ETeresa Bradley McCoy
Big Cove Township
The Eastern Band of Cherokee Indians
die H"radle,oyce C. Dugan, Princido of
qfie Honomb?e G=dParker, vue-CW
May 1, 1996
Ms. Terry P. Heide
National Indian Gaming Commission
1441 L Street NW; 9th Floor
Washington, DC 20005
Re: EA for Eastern Band of Cherokee Indians Gaming
Facility
Dear Ms. Heide:
In reference to your questions regarding the Tribe's
application to EPA for a National Pollutant discharge
Elimination System (NPDES) permit, I can provide the
following information.
In February, 1996, the USEPA issued the Eastern Band
Cherokee Indians a draft NPDES permit regarding the
planned wastewater treatment plant expansion from one
million gallons per day to three million gallons per
(See attached letter).
of
day
The Tribe has provided comments to USEPA regarding the
draft permit. Per telephone conservation today', May 1,
1996, with Region IV EPA, our comments have been
incorporated into the permit and we expect a final permit
to be issued this month. At that time, the final permit
will be published for public comment in accordance with
USEPA requirements.
The planned expansion will more than accommodate the
wastewater treatment needs of the planned casino
development.
emmLedford Rosa Ho I hope the above answers your questions regarding the
PainttownTownship planned wastewater treatment upgrade for the Cherokee
Indian Reservation. Should you have additional questions
Marion Teesateskie please feel free to contact me.
Painttown Township Sincerely,
Eddie Almond, Director
Tribal Environmental Office
Qualla Boundary * P.O. Box 455 • Cherokee, N.C. 28719
Telephone: [phone] or 497-4771
Telefax: [phone]
r

1
J

JMtEO STj?
S.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
February 9, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
REF: 4WM-WPEB
Ms. Joyce Dugan,
Eastern Band of
P.O. Box 455
Cherokee, North
Principal Chief
Cherokee Indians
Carolina 28719
RE: Intent to Issue
Cherokee Wastewater Treatment Plant
NPDES Number N00052469
Dear Ms. Dugan:
The Environmental Protection Agency (EPA), Region IV,
intends to issue a National Pollutant Discharge Elimination*
System (NPDES) permit in accordance with the Federal Clean Water
Act to the referenced facility in the near future.
The enclosed draft permit shows the proposed conditions to
be incorporated as part of the final NPDES permit. Particular
attention should be given to the effluent limitations, schedule
of compliance, monitoring requirements, and reporting dates.
' Comments relative to this draft permit are not required;
however, if you wish to submit comments, please do so before
March 4, 1996. Comments made during this time period.may be-
incorporated into the draft permit prior to public notice.
' this date, EPA will proceed with the permitting process,
including publicly noticing the draft permit. At the time
public notice, a copy of the notice will be sent to you.
time you will have an additional opportunity to comment o
on
object to any aspects of the draft permit.

After
of
At that
or

2
If you have any questions concerning the enclosed conditions
or the procedures associated with the permit program, please
contact me at the above address or by calling [phone],
extension 2960.
Sincere y,
Thomas McGill
Environmental Engineer
NPDES Permits Section
Water Permits and Enforcement
Branch
Water Management Division
Enclosures (2)
1. Draft NPDES Permit
2. Fact Sheet or Statement of Basis
cc: Eddie Almond (hand delivery)
CHEER
0 2
'
Jack E. Gloyne
Chairman
' Birdtown Township
Billy Brown .
vice-ChaUn=
Snowbird &
Cherokee Co. Township
' Tribal Council Members
Jim Bowman
Snowbird &
' Cherokee Co. Township
Delores B. Davis
' Yellowhill Township
Alan B. Ensley
`Yellowhill Township
'
. Steve George
Wolfetown Township
Bill Larnbert
Birdtown Township
' Henson Littlejohn
Wolfetown Township
'Woodrow W. Lossiah
Big Cove Township
'Teresa Bradley McCoy
Big Cove Township
Ledford Rosario
Painttown Township
War ion Teesateskie
Painttown Township
The Eastern Band of Cherokee Indians
2lie Hmomdle,oyce C Dugan, Pri we aCOW
qFie ale GewdParkgr, Vwe-Chief
May 1, 1996

Ms. Terry P. Heide
National Indian Gaming Commission
1441 L Street NW; 9th Floor
Washington, DC.20005
Re: EA for Eastern Band of Cherokee Indians Gaming
Facility
Dear Ms. Heide:
On April 8, 1994, the Eastern Band of Cherokee.Indians
entered into an agreement with Waste Management of South
,Carolina for the disposal of solid waste. -
I have reviewed the agreement and find no limitation, as
to the volume (tons) of solid waste, which we can dispose
at the Waste Management Facility.
In addition, the Tribe's transfer station facility has
over 100,tons per day excess capacity.
Therefore, additional solid waste to be generated by the
new gaming facility will not negatively impact the
Tribes' ability to manage Reservation solid waste.
I hope the above answers your questions regarding
Reservation solid waste disposal as it relates to the
planned gaming development at Cherokee.
Should you have additional questions please feel free to
contact me.
Sincerely,
Eddie Almond, Director
Tribal Environmental Office
CC: Bill Graham
Pete Kinsella
(,walla Boundary • P.O. Box 455 • Cherokee, N.C. 28719
' Telephone: [phone] or 497-4771
Telefax: [phone]

t