Report_NEPA_GRSM_1A29_FONSI.pdf

Finding of No Significant Impact Page 1 Great Smoky Mountains National Park Projects PRA-GRSM 1A25, 1A26, and 1A28 Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls

FINDING OF NO SIGNIFICANT IMPACT

REHABILITATE NEWFOUND GAP ROAD AND RECONSTRUCT STONE MASONRY GUARDWALLS

MILEPOST 0.0 TO MILEPOST 14.5, SEVIER COUNTY, TENNESSEE

ENVIRONMENTAL ASSESSMENT

PROJECTS PRA-GRSM 1A25, 1A26, AND 1A28

GREAT SMOKY MOUNTAINS NATIONAL PARK

BACKGROUND

The National Park Service (NPS), in cooperation with the Federal Highway Administration, Eastern Federal Lands Highway Division (FHWA-EFLHD), proposes to rehabilitate a 14.5-mile section of Newfound Gap Road within Great Smoky Mountains National Park from the Park boundary with Gatlinburg, Tennessee, to the Newfound Gap Overlook Parking Area. Newfound Gap Road is the principal north-south roadway within the Park and the only trans-mountain roadway that completely traverses the Park. It stretches approximately 31 miles from the Park boundary in Gatlinburg, Tennessee, to the Park boundary in Cherokee, North Carolina.

The Park encompasses approximately 521,347 acres (more than 800 square miles) and is the most visited park in the national park system with more than 9 million visitors each year. It is a designated World Heritage Site and International Biosphere Reserve, and it is distinguished by an extraordinary diversity of natural resources, an abundance of cultural resources, and the sanctuary it affords these resources. Some of the activities offered to visitors include birding, camping, hiking, fishing, and historic tours. Newfound Gap Road and other roads within the Park are important resources and, for the majority of Park visitors, the primary means by which they experience the Park.

The Environmental Assessment (EA) addresses the proposal to rehabilitate the 14.5-mile section of Newfound Gap Road on the Tennessee side of the Park. The Park’s goal is to provide a safe, long-lasting driving surface for visitors and Park staff. The purpose of the proposed project is to rehabilitate Newfound Gap Road in a manner that protects the resources and values of Great Smoky Mountains National Park and

• improve the overall safety of the road for both Park staff and visitors;

• preserve the culturally significant features and contributing elements of the road and guardwalls;

• enhance visitor use, enjoyment, and historic interpretation of the Park; and

• provide a long-lasting driving surface for visitors and Park staff and improve operational efficiency, reliability, and sustainability by decreasing maintenance required to keep both the road and guardwalls safe for public use.

The EA evaluates two alternatives: the no-action alternative (Alternative A) and the action alternative, Rehabilitation of Newfound Gap Road (the Preferred Alternative or Alternative B). Under the no-action alternative, the Park would continue to implement select repairs to Newfound Gap Road as funding allows.

However, the roadway and related features along Newfound Gap Road would continue to deteriorate. The Preferred Alternative will improve the safety of Newfound Gap Road, improve the condition of the road and associated features, and maintain the integrity of the Park resources.

The EA has been prepared in accordance with the National Environmental Policy Act of 1969 as amended (NEPA); implementing regulations, 40 CFR 1500–1508; Department of the Interior NEPA Regulations 43 CFR 46; and NPS Director’s Order 12 and Handbook, Conservation Planning, Environmental Impact Analysis, and Decision-making. The document was available for public review from March 22, 2010, through April 21, 2010. The EA analyzed a no-action alternative and the Preferred Alternative. Compliance

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Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls with Section 106 of the National Historic Preservation Act of 1966 (NHPA) was conducted at the same time as the NEPA process.

PREFERRED ALTERNATIVE

Based on the analysis presented in the EA, the NPS and FHWA have selected the Preferred Alternative (action alternative, Alternative B) for implementation. The Preferred Alternative includes the rehabilitation of Newfound Gap Road from milepost 0.0 to milepost 14.5. To minimize road closures and impacts to visitors, implementation of the Preferred Alternative will occur in three phases. The implementation of the Preferred Alternative will improve safety on Newfound Gap Road, improve the condition of the road and associated features, and maintain the integrity of Park resources.

The Preferred Alternative will include the following:

• Rehabilitation of the road surface, including spot repair/reconstruction, milling pavement, and pavement overlay;

• Rehabilitation of road shoulders, where needed, to restore shoulders to the proper height and grade;

• Reconstruction of settled sections of roadway to restore embankment stability;

• Rehabilitation of existing stone masonry guardwalls, including minor repairs, replacement of wall elements in-kind, or rebuilding walls to their original design height;

• Reconstruction of guardwall sections to meet current crashworthiness criteria in areas with a demonstrated safety risk;

• Addition of new guardwall and/or guardrail extensions or transitions in areas with a demonstrated safety risk; and

• Rehabilitation, replacement, or cleaning of drainage structures to improve drainage.

Each phase of the Preferred Alternative will include all or a combination of the above-mentioned components. The three phases of implementation of the Preferred Alternative include:

• Phase I: Rehabilitate approximately 2.0 miles of Newfound Gap Road from the Newfound Gap Overlook Parking Area (milepost 14.5) north to approximate milepost 12.5.

• Phase II: Rehabilitate approximately 6.0 miles of Newfound Gap Road from approximate milepost 12.5 north to the Chimneys Picnic Parking Area (approximate milepost 6.5).

• Phase III: Rehabilitate approximately 6.5 miles of Newfound Gap Road from approximate milepost 6.5 north to the Park boundary at Gatlinburg, Tennessee (milepost 0.0).

Rehabilitation of the entire road surface is planned under the Preferred Alternative, as well as rehabilitation of road shoulders, as needed. In addition, the Park (in consultation with the FHWA-EFLHD) has identified several locations along the 14.5-mile section of the Newfound Gap Road where specific repairs or improvements will be made, as funding permits.

MITIGATION MEASURES OF THE PREFERRED ALTERNATIVE

The NPS places a strong emphasis on avoiding, minimizing, and mitigating potentially adverse environmental impacts. To help ensure the protection of natural and cultural resources and the quality of the visitor experience, the NPS will ensure the following protective measures are implemented as part of the Preferred Alternative. The NPS will implement, as appropriate, monitoring throughout the construction process to help ensure protective measures are properly executed and are achieving their intended results.

These mitigation measures are listed in Table 1.

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TABLE 1: MITIGATION MEASURES

Resource Area Mitigation

Water Quality and Quantity

• Best management practices including temporary sediment control devices such as filter fabric fences, sediment traps, or check dams, as needed, will be used during culvert replacement.

• Stockpiled soil and rock will be covered with semi-permeable matting or plastic or another type of erosion control material to prevent siltation of snow or rain runoff.

• Soil disturbance will be minimized, and disturbed areas will be reseeded or revegetated as soon as possible.

• Silt fencing in disturbed areas will be retained until stabilization by reseeding or revegetation is complete.

• Swales, trenches, or drains will be used to divert stormwater runoff away from disturbed areas.

• Construction staging areas will be located away from areas where water would run off to adjacent rivers and streams.

• Chemicals, fuels, and other toxic materials will be properly stored, used, and disposed of using best management practices to prevent spills and pollution.

Vegetation Management and Exotic and Invasive Species Control

• All construction equipment to be used at the site will be washed before entering the Park.

• The Park’s standard seed mix for revegetation activities such as roadside stabilization will be used.

• All fill material brought into the Park will be from a Park-approved source. This will help prevent the introduction of exotic and invasive species.

• Straw or hay will not be permitted for use of any kind. Only certified weed free biodegradable materials for erosion control measures (no plastic) will be used.

• All quarry material will be from a Park-approved source to prevent the introduction of exotic and invasive species.

• Protective measures, such as barrier fence, will be used to minimize damage to existing trees. Additionally, the contract will require restitution for any trees that might be damaged through construction activities.

• Designated construction staging areas will be established to prevent impacts to vegetated areas. Staging will only be permitted in currently disturbed areas, such as paved or gravel parking areas.

Rare, Threatened, or Endangered Species

• The proposed action will occur in known habitat for northern flying squirrel. Although potential habitat exists, the proposed action will not remove trees above the 4,500-foot elevation line, the location of known habitat. The northern flying squirrel requires sizable trees for habitat and finds habitat in large trees with hollow crevices while bats live beneath peeling bark on trees. Although no impacts to this species are expected, to ensure that these habitats are not disturbed, no large trees (greater than 6 inches in diameter) will be removed.

• Trees will only be permitted to be removed outside of the Indiana bat roosting period, from August 16 through May 14.

• The rock gnome lichen (Gymnoderma lineare) is known to exist in the two areas adjacent to, but outside, the project location (Walker Camp Prong area). Although no work is scheduled to occur that will directly affect the rock gnome lichen, appropriate best management practices will be employed to ensure minimal, if any, effect on the rock gnome lichen. Silt fencing and other appropriate methods of erosion control will be employed to mitigate any potential effect construction may have.

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Resource Area Mitigation

Cultural Landscapes and Archeological Resources

• Impacts to the cultural landscape will be minimized by ensuring that the contributing features of the road are rehabilitated/reconstructed in a manner consistent with the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes.

• Preservation as the preferred treatment for significant landscape features will be emphasized through the retention and repair of original features and materials to the extent practical and replacement of materials in-kind, when necessary.

• Work to another area of the project will be halted or redirected in the event that potentially significant deposits or features are discovered during construction until finds can be documented, their significance assessed, and appropriate mitigation strategies developed in consultation with the Tennessee State Historic Preservation Office (SHPO) and the appropriate Tribal Historic Preservation Officer (THPO).

• The Park will approve the stone/stone source for the walls before the walls are repaired/reconstructed to ensure they are consistent with the cultural landscape.

• Although an attempt will be made to locate and evaluate archeological sites and/or components prior to construction activities, the potential exists that previously unidentified archeological sites, components, and/or human remains could be found during construction activities. In the event that construction activities inadvertently discover a previously unidentified archeological site, component, and/or human remains, all construction work will cease in the immediate area. Any willful destruction of the archeological site, component, and/or human remains can result in the prosecution of individuals under the Archeological Resource Protection Act of 1979, and other statutes that protect the Park’s cultural resources. The project director, construction foreman, or designee would immediately notify the Park archeologist. No construction work would continue in this area until the archeological site, component, and/or human remains are evaluated by the NPS to determine if it meets eligibility criteria of the National Register of Historic Places (NRHP). If the archeological site and/or component are considered eligible to the NRHP, the NPS would develop a plan, in consultation with the SHPO/THPO, to protect it or undertake a program of data recovery to mitigate the loss of important archeological data. The inadvertent discovery of human remains is considered below.

• The discovery of human remains, funerary objects, and objects of cultural patrimony will be treated in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC 3001). These terms are defined in NAGPRA. In the event that human remains, likely funerary objects, or objects of cultural patrimony are discovered during the excavations, construction work at that location would stop immediately; the area would be secured; and the project director, construction foreman, or their designee would notify the Park archeologist immediately.

Consultation with the appropriate SHPO and THPOs and other interested Native American groups would be initiated and a determination as to the disposition of these remains and/or associated funerary objects would be made in consultation with the SHPO/THPOs.

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Resource Area Mitigation

Transportation and Traffic

• All construction methods for site-specific design solutions will be evaluated to select the most cost-effective and functional solution that minimizes duration of impact into the roadway.

• Public involvement will continue through the design phase to inform local stakeholders of proposed work and to gather local input to factor into proposed traffic management methods. Extensive and ongoing dialogue will be conducted with the neighboring communities, especially if full road closures are scheduled to occur during non-peak months.

• Local stakeholder and visitor use/experience impacts will be evaluated during construction. Public traffic would be accommodated when possible to minimize the impacts associated with closing the road to all traffic during construction.

• Cost and time impacts to local communities associated with partial road closures versus full road closures and duration of each will be evaluated.

• Construction during peak visitor use periods (e.g., weekends, holidays, and in the fall during peak colors) and how avoidance or acceptance could influence duration of construction will be evaluated. Daytime lane closures during peak periods (approximately mid-June to mid-August) will be avoided.

• Warning signs and/or flaggers will be used to direct traffic through construction areas, as needed, during construction activities that could disrupt traffic. A safety plan will be developed prior to initiation of construction to ensure the safety of Park visitors, workers, and Park personnel.

• Stationary, semi-permanent temporary traffic signals will be used to provide two-way single-lane traffic through work zones.

• Internet technology (such as websites) and local media will be used to inform the public of road conditions, closures, and anticipated delays.

• Lighting, such as that used during nighttime operations, will be directional and shielded to prevent intrusions into the night sky.

• Daily work zones that are reopened to two-lane traffic at the end of each work day will be implemented to the greatest extent feasible.

• Complete road closures during off-peak seasons to minimize duration of delays to the public will be implemented to the greatest extent feasible.

OTHER ALTERNATIVES CONSIDERED

Alternatives considered in the assessment should be “reasonable.” According to the Director’s Order 12 Handbook, unreasonable alternatives may be those that are unreasonably expensive, cannot be implemented for technical or logistical reasons, do not meet Park mandates, are inconsistent with carefully considered up-to-date Park statements of purpose and significance or management objectives, or that have severe environmental impacts.

Alternative A – No-action Alternative

Under the no-action alternative, the Park would continue to implement selected repairs to Newfound Gap Road as funding allows. However, the road and related features along Newfound Gap Road would continue to deteriorate. Under the no-action alternative, the NPS would respond to future needs and conditions without major actions or changes in the present course. Maintenance to the road and related features would be conducted where there is specific need for critical and emergency repairs. Regular maintenance would be carried out as funding allows. Frequent patching of cracks and potholes in the paved surfaces of the road and repairs to the existing stone guardwalls would continue, as needed and as funding allows. Because of these

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Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls issues, Alternative A would not meet the purpose and need for action, and therefore was not selected as the Preferred Alternative.

ALTERNATIVES CONSIDERED BUT NOT CARRIED FORWARD

Concrete Core Guardwall Reconstruction

During the initial scoping of this project, the FHWA-EFLHD proposed that any guardwalls in the “clear zone” should be reconstructed with a concrete core. The clear zone is a roadside border area available for safe use by errant vehicles. Altering the original configuration of all the existing guardwalls in the clear zone could impact the historic integrity of the Newfound Gap Road cultural landscape. While use of this option would improve overall safety of certain sections of the road, the potential to impact the overall historic integrity of Newfound Gap Road by changing the original configuration of the guardwalls exists. Because of the potential impacts to cultural resources, the Park determined this would need to be done on a case-by-case basis as opposed to implementing as a programmatic action; accordingly, this option was dismissed from full consideration. The Park noted that all decisions regarding safety improvements and the treatment of the historic guardwalls would be based on a variety of factors, including improvements in motor vehicle safety and laws relating to motor vehicle operations, cultural resource impacts, impacts to views, cost, and construction impacts, among others. This approach would not fully meet the purpose and need of the project, and as a result, was not carried forward for further analysis.

Adding Additional Turn Lanes and Parking Areas

During development of the alternatives, the NPS considered adding turn lanes at the Chimneys Picnic Area and Alum Cave Trailhead Parking Area, as well as the expansion of parking areas at the Chimney Tops Trailhead and Alum Cave Trailhead. Public comment during scoping also suggested adding turn lanes to the Sugarlands Nature Trail and Huskey Gap Trail parking areas. The addition of turn lanes and the expansion of parking areas were dismissed from further consideration because the NPS determined that these actions would not meet the purpose of and need for action. Specifically, because these actions could impact the character-defining features of Newfound Gap Road, they did not meet the purpose of preserving culturally significant features and contributing elements of the road, nor did they address the safety needs. Because these actions would not meet the purpose and need, they were not carried forward for further analysis.

Non-construction Measures

Traffic signals and lighting, speed reduction options, impact attenuators, and fencing were considered and evaluated, but were dismissed, due to their lack of feasibility and potential adverse impacts to the natural and cultural landscape along Newfound Gap Road. Non-structural techniques were not proposed because of potential safety hazards and maintenance costs. Additionally, raised rumble strips create obstructions for snowplows and tend to become maintenance burdens. Imbedded pavement reflectors or milled rumble strips can become ineffective when filled with debris.

ENVIRONMENTALLY PREFERRED ALTERNATIVE

The environmentally preferred alternative is defined by the Council on Environmental Quality (CEQ) as the alternative that would promote the national environmental policy as expressed in NEPA, Section 101. The environmentally preferred alternative is the alternative that best

1. Fulfills the responsibilities of each generation as trustee of the environment for succeeding generations;

2. Ensures for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

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3. Attains the widest range of beneficial uses of the environment without degradation, risk of health or safety, or other undesirable and unintended consequences;

4. Preserves important historic, cultural, and natural aspects of our national heritage and maintains, wherever possible, an environment that supports diversity and variety of individual choice;

5. Achieves a balance between population and resource use that will permit high standards of living and a wide sharing of life’s amenities; and

6. Enhances the quality of renewable resources and approaches the maximum attainable recycling of depletable resources.

The environmentally preferred alternative is ultimately the proposed improvement(s) that will cause the least amount of damage to the biological and physical environment, and will most adequately protect, preserve, and enhance historic, cultural, and natural resources. After completion of the EA, the NPS identified Alternative B as the environmentally preferred alternative because it best meets the definition established by CEQ. Alternative B will restore and preserve the historic character of Newfound Gap Road and its related features by removing the non-historic “W” beam steel guardrail rail and, where necessary, repairing or replacing important character-defining features such as stone curbing, walkways, and stone guardwalls in a manner that preserves the historic character of the road. This alternative will also improve public safety by repairing and stabilizing the road and it will improve the efficiency of Park operations by reducing the need for future road and guardwall maintenance. In addition, the overall experience of Park visitors will be enhanced as road conditions are improved and the historic character of the road and guardwalls is maintained.

Alternative A, the no-action alternative, was not selected as the environmentally preferred alternative because it would not meet criterion 2 and criterion 3. Under Alternative A, roadway improvements would not occur and the NPS would not provide for safe, healthful, productive, and aesthetically and culturally pleasing surroundings. Under this alternative, health and safety would also likely be impacted. Likewise, by not repairing and maintaining the characteristics of the road that make it historic, including guardwalls, the NPS would not meet criterion 4 because the no-action alternative would not maintain the cultural aspects of this Park. Further, as deteriorated roadway conditions would impact those traveling on the road, the no-action alternative would not meet criterion 5 because it would not permit high standards of living. For these reasons, Alternative A was not chosen as the environmentally preferred alternative.

THE PREFERRED ALTERNATIVE AND SIGNIFICANCE CRITERIA

As defined in 40 CFR 1508.27 from the CEQ regulations that implement the provisions of NEPA, significance is determined by examining the following criteria:

Impacts that may be both beneficial and adverse. A significant effect may exist even if the federal agency believes that on balance the effect will be beneficial.

The rehabilitation of Newfound Gap Road and the reconstruction of stone masonry guardwalls will benefit all those using this thoroughfare to enjoy or traverse the Park, with beneficial impacts to visitor use and experience once construction has been completed. If the Preferred Alternative is not implemented, the condition of the existing roadway will continue to deteriorate and compromise visitor and Park staff safety, as well as impact visitor use and experience and transportation.

The Preferred Alternative will improve traffic operations, visitor use, and safety. Traffic movements may be slowed during construction resulting in short-term minor to moderate adverse impacts during rehabilitation of road surface, rehabilitation of road shoulders, reconstruction of guardwall sections, and addition of new guardwalls and/or guardwall extensions. Mitigation measures such as extensive consultation and coordination with the community, limiting the length of the lane closures, and discontinuing daytime construction during peak periods will be implemented to ensure these short-term adverse impacts do not

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Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls exceed a moderate level. After construction is complete, long-term beneficial impacts will be experienced from the improved roadway conditions and from minimization of spot repairs on the road, which will improve the safety of the road.

The Preferred Alternative will also result in some tangible socioeconomic benefits for the surrounding community and the Park. However, construction activities will temporarily alter the socioeconomic landscape by affecting continuity, travel patterns, and accessibility to the Park. Construction will result in short-term minor to moderate adverse impacts from travel delays during construction. In the short-term, such effects may adversely impact Park facilities and services, social groups looking to use Park resources, and the local economy. In the long-term, the Preferred Alternative will improve vehicular movements, pedestrian access, and public safety.

During construction activities, particulates affecting air quality will increase due to the increase in the number of idling vehicles waiting in a traffic delay and material haul trucks coming to and from project sites. There will also be an increase in construction-related dust from equipment and earth moving activities.

Once in operation, there will be no further adverse impacts to air quality associated with the road improvements. Long-term beneficial effects to air quality will result as the need for spot repair, and associated idling during repairs, will be reduced. Noise levels will also increase during construction activities but will return to existing levels once the Preferred Alternative is in operation.

Impacts to the Park’s wetlands, soils, geology, or land use will all be less than minor. Soundscapes will not be adversely affected by the construction or operation of the Preferred Alternative.

The degree to which the action affects public health or safety.

Impacts to visitor and employee safety within the Park resulting from the Preferred Alternative will be long-term negligible adverse during construction activities and long-term beneficial once construction activities have been completed because current safety concerns will be addressed. Actions associated with the Preferred Alternative will result in long-term beneficial impacts to visitor and employee safety from improvements made to the road surface that create a safer traveling experience. No significant impacts to public health or safety will result from the Preferred Alternative.

Unique characteristics of the geographic area such as proximity to historic or cultural resources, parklands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.

Rehabilitation efforts will not affect wetlands in the project area. While the riverine wetland is close to the road at times, construction activities will never directly come in contact with the West Prong of the Little Pigeon River. Mitigation measures will be implemented to ensure that runoff and other construction activities do not adversely impact wetlands. While mitigation measures will be implemented, some contaminants could still potentially enter the water flow. The correction of drainage deficiencies will reduce contaminants from running off into adjacent wetland areas. A stream armoring component of this project will occur in the Upper Walker Prong tributary, involving the placement of large rocks to armor the stream banks and reduce erosion of the stream banks in this area. The total anticipated area of disturbance for stream armoring will be an area of approximately 50 feet long by 20 feet wide (1,000 square feet), or 0.02 acre. This project can be classified as a restoration project under 0.25 acre and, as such, will be exempt from the requirement for a Statement of Findings, as required under Director’s Order 77-1, Section 4.2.1(h).

For the West Prong of the Little Pigeon River, which flows through the project area, mitigation measures have been designed to avoid potential adverse environmental impacts to the river. Before construction activities begin, construction staging areas will be located in several designated areas throughout the Park, which will be sited to minimally impact the Park’s natural, biological, and cultural resources. Under the road rehabilitation/construction of Newfound Gap Road, water quality is likely to experience short-term negligible to minor adverse effects and long-term benefits after drainage issues are corrected.

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The EA was written in compliance with Section 106 of the NHPA. Effects to Newfound Gap’s cultural landscape resulting from the various activities of the Preferred Alternative will range from long-term beneficial effects for the rehabilitation of existing guardwalls to long-term minor to moderate adverse impacts for the rehabilitation of road surface, rehabilitation of road shoulders, the reconstruction of guardwall sections, and the addition of new guardwalls and/or guardwall extensions. Cumulative impacts will remain long-term minor to moderate adverse. Adverse impacts will be mitigated by a program of context-sensitive design that will include the use of material similar in appearance to the existing historical features for any reconstruction and repair activities and by minimizing new design elements such as transitions and extensions from the existing guardwalls.

Impacts to archeological resources within the Park resulting from the proposed improvements to Newfound Gap Road under the Preferred Alternative will be short and long-term minor adverse as there are no known resources in this area. Mitigation measures will be established for unexpected discoveries. Cumulative impacts to archeological resources will be long-term minor adverse.

Consultation with the State Historic Preservation Officer (SHPO) occurred in compliance with Section 106 of the NHPA. In a letter dated November 4, 2009, the Tennessee SHPO stated that the proposed action (the Preferred Alternative) will “Not Adversely Effect Any Property That is Eligible for Listing in the National Register of Historic Places.” This correspondence is provided in Attachment 1 of this Finding Of No Significant Impact (FONSI).

There are no prime or unique farmlands or marine or estuarine resources located within the Park. Therefore, there will be no adverse impacts to such resources as a result of construction activities or the operation of the Preferred Alternative.

The degree to which the effects on the quality of the human environment are likely to be highly controversial.

The implementation of the Preferred Alternative will not result in adverse or controversial effects to the human environment. Impacts on surrounding communities from the various activities proposed under the Preferred Alternative will be short-term minor to moderate adverse due to delays from construction activities. Once construction activities have been completed, however, there will be long-term beneficial effects in surrounding communities resulting from the Preferred Alternative.

A total of nine correspondences (which includes letters or emails) were received during the EA public comment period. These nine correspondences contained a total of 10 comments, which did not voice opposition to the Preferred Alternative; therefore, it is anticipated that controversy surrounding this project will be minimal.

The degree to which the possible effects on the quality of the human environment are highly uncertain or involve unique or unknown risks.

Access and overall safety of public service functions will improve as a result of the Preferred Alternative.

However, there will be some temporary lane closures during construction activities. There are no identified risks associated with the Preferred Alternative that are unique or unknown. Additionally, no effects associated with the Preferred Alternative that are highly uncertain were identified during the analysis for the EA or identified during the public review of the EA.

The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration.

The Preferred Alternative does not establish a precedent for any future actions that may have significant effects, nor does it represent decisions about future considerations. The purpose of this action is to address safety and environmental concerns associated with the rehabilitation of Newfound Gap Road.

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Safety improvements to the existing road are needed to retain the current functionality of the road. These actions are site specific and independent of other actions within the Park.

Whether the action is related to other actions with individually insignificant but cumulatively significant impacts.

The EA concluded that past, present, and future activities when coupled with the rehabilitation of Newfound Gap Road and reconstruction of stone masonry guardwalls will result in short- and long-term negligible to minor cumulative impacts to wildlife, vegetation, and threatened and endangered species; short-term negligible and long-term beneficial impacts to wetlands and water quality; short-term minor adverse cumulative impacts to air quality; long-term minor to moderate adverse cumulative impacts to cultural landscapes; and long-term minor adverse cumulative impacts to archeological resources.

Cumulative effects to visitor experience and recreation, public health and safety, and Park operations will be long-term and beneficial. No significant adverse cumulative effects were identified.

The degree to which the action may adversely affect items listed or eligible for listing in the National Register of Historic Places (NRHP), or other significant scientific, cultural, or historic resources.

In November 2009, consultation with the SHPO occurred in compliance with Section 106 of the NHPA. In a letter dated November 4, 2009, the Tennessee SHPO determined that the Preferred Alternative (Alternative B) as it is currently proposed will “Not Adversely Effect Any Property That is Eligible for Listing in the National Register of Historic Places.” Correspondence between the Park and the Tennessee SHPO fulfilling the requirements set forth by the Advisory Council on Historic Preservation’s regulations for initiating the Section 106 process (36 CFR 800.3) are found in Attachment 1 of this FONSI.

No impacts to archeological resources within the Park are anticipated as a result of the construction of the Preferred Alternative. Mitigation measures will be established for unexpected discoveries as discussed above in Table 1.

The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973.

To facilitate compliance with the Endangered Species Act, the Park sent a letter in December 2007 to the United States Fish and Wildlife Service (USFWS) regarding the potential for any federally or state-listed species that could be affected by the proposed rehabilitation of Newfound Gap Road. The USFWS responded on January 25, 2008, stating their concerns about the presence of known federally endangered species occurring on sites within 3 miles of certain sections of the project area. These species include the Carolina northern flying squirrel (Glaucomys sabrinus coloratus), spreading avens (Geum radiatum), and the spruce-fir moss spider. Because these species have the potential to be located within the project area, this topic was evaluated further in the EA.

The EA determined that the Preferred Alternative will not require the removal of trees above the 4,500-foot elevation and therefore, flying squirrel habitat will not be disturbed. To ensure safe habitat for bat species, construction activities will occur primarily during the winter months when Indiana bats are not occupying trees within the Park. Additionally, any tree removals will only be permitted to occur from August 16 through May 14, which is outside of the Indiana bat roosting season.

As a result of road rehabilitation and construction activities on Newfound Gap Road, short-term negligible adverse impacts will occur to threatened and endangered species within the project area although sensitive habitat will be avoided. There will be no long-term adverse impacts to these species because no habitat will be lost.

The findings of the EA were provided to the USFWS for their concurrence under Section 7 of the Endangered Species Act. In a letter dated April 20, 2010, the USFWS stated that they concur with the NPS

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Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls finding of “not likely to adversely affect” for the Carolina northern flying squirrel, spreading avens, and the spruce fir moss spider, based on the assurances in the biological assessment. The USFWS further stated that, at this time, the requirements of Section 7 of the Endangered Species Act of 1973, as amended, have been fulfilled. This correspondence is provided in Attachment 1 of this FONSI.

Whether the action threatens a violation of federal, state, or local law or requirements imposed for the protection of the environment.

The Preferred Alternative will not violate any federal, state, or local environmental protection laws.

IMPAIRMENT AND UNACCEPTABLE IMPACTS

Sections 1.5 and 8.12 of NPS Management Policies 2006 underscore the fact that not all uses are allowable or appropriate in national park units. The proposed use was screened to determine consistency with applicable laws, executive orders, regulations, and policies; consistency with existing plans for public use and resource management; actual and potential effects to park resources; total costs to the NPS; and whether the public interest will be served.

In addition to determining the environmental consequences of the alternatives under consideration, the NPS Management Policies 2006 and Director’s Order 12 require analysis of potential effects to determine if actions would impair park resources and values. In assessing impairments in the NEPA analysis for this project, NPS takes into account the fact that, if an impairment were likely to occur, such impacts would be considered major or significant under the CEQ regulations. This is because the context and intensity of the impact would be sufficient to render what would normally be a minor or moderate impact to be major or significant. Taking this into consideration, NPS guidance indicates that “not all major or significant impacts under a NEPA analysis are impairments.” However, all impairments to NPS resources and values would constitute a major or significant impact under NEPA. If an impact results in impairment, the action should be modified to lessen the impact level. If the impairment cannot be avoided by modifying the proposed action, that action cannot be selected for implementation.

The fundamental purpose of the NPS as established by the Organic Act and reaffirmed by the General Authorities Act, as amended, begins with a mandate to conserve park resources and values. These laws give the NPS the management discretion to allow impacts to park resources and values (when necessary and appropriate) to fulfill the purposes of a park, as long as the impact does not constitute impairment of the affected resources and values. To the greatest extent practicable, NPS managers must always seek ways to avoid or minimize adverse impacts to park resources and values.

The impairment prohibited by the Organic Act and the General Authorities Act is an impact – in the professional judgment of the responsible NPS manager – that harms the integrity of park resources or values. This includes the opportunities that otherwise would be present for the enjoyment of those resources or values. Whether an impact meets this definition depends on the particular resources and values that would be affected including the severity, duration, and timing of the impact; the direct and indirect and cumulative effects of the impact in question; and other impacts. An impact to any park resource or value may constitute impairment, but an impact would more likely constitute impairment if it has a major or severe adverse effect upon a resource or value whose conservation is:

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Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls

• necessary to fulfill specific purposes identified in the establishing legislation or proclamation of the park;

• key to the natural or cultural integrity of the park or to opportunities for enjoyment of the park;

and

• identified as a goal in the park general management plan or other relevant NPS planning documents.

Impairment determinations are not made for visitor use and enjoyment, health and safety, socioeconomics, or park operations and management because impairment findings relate to park resources and values and these impact areas are not generally considered to be park resources or values. Impairment determinations are not made for visitor use and experience because, according to the Organic Act, enjoyment cannot be impaired in the same way an action can impair park resources and values.

For those resource areas included in the impairment analysis, any negligible to minor adverse impacts will be short-term and will not continue once construction of the proposed action is complete. Resource areas included in the impairment analysis will experience no long-term adverse impacts or will actually benefit from the operation of the proposed action and will not result in impairment or unacceptable impacts.

PUBLIC INVOLVEMENT

Public scoping efforts for the planning process focused on the means or processes to be used to include the public, the major interest groups, and local public entities. Based on past experience, Park staff places a high priority on meeting the intent of public involvement in the NEPA process and giving the public an opportunity to comment on proposed actions.

To notify interested parties of the public scoping meetings, the NPS sent 180 scoping letters to Park neighbors and organizations inviting people to attend the meetings, describing the proposed rehabilitation of Newfound Gap Road, and soliciting public comments on the proposed action. Press releases – providing the same information as the public scoping letter – were published in the following six local and regional newspapers:

• The Mountain Press (Sevierville)

• The Daily Times (Maryville)

• The Knoxville News Sentinel

• The Asheville Citizens Times

• The Cherokee One Feather

• The Smoky Mountain Times (Bryson City)

The public scoping letters were mailed two weeks prior to the meetings, and the press releases were published one week before the meetings. Information regarding these meetings was also posted on the NPS Planning, Environment, and Public Comment (PEPC) website.

Because the proposed action will directly affect travel between Gatlinburg, Tennessee, and Cherokee, North Carolina, two public meetings were held to ensure the public participation from both of the potentially affected communities. The first meeting was held on Tuesday, January 15, 2008, at the Garden Plaza Hotel in Gatlinburg, Tennessee. The second meeting was held on Thursday, January 17, 2008, at the Holiday Inn in Cherokee, North Carolina. The public scoping comment period was open from January 15, 2008, through February 20, 2008.

At each meeting, participants were asked to sign in and were provided a comment sheet to complete during the course of the open house or at their leisure. Six participants signed in at the public scoping meeting in

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Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls

Gatlinburg, and eight participants signed in at the public scoping meeting in Cherokee. Each public scoping meeting was held as an open-house format where meeting participants could look at display boards and interact with Park staff individually. The displays illustrated the purpose and significance of the Park, how roads are defined by the NPS, the project area, the purpose and need, the NEPA process, and how to comment on the proposed action.

The public meetings included numerous methods for the community to provide comments. A table was at the meetings with comment sheets that could be filled out and returned. If the attendee chose not to fill out the comment sheet at the meeting, a return address was provided on the sheet to mail back to the Park.

Those attending the meeting were also informed about additional opportunities to comment on the project including directing comments to the NPS PEPC website.

Three public comments were received during the public scoping comment period. Comments included new rehabilitation options and opposition to the proposed project.

Public comments were solicited on the EA from March 22, 2010, to April 21, 2010. During this time, the EA was posted and accessible to the public on the PEPC website. Notice of the EA availability and comment period was also made through a notice mailed to 157 people, with hard copies of the EA mailed to 29 agencies, libraries, and other stakeholders. Further notice of the EA availability was made through press releases in the following papers:

• Mountain Press (Sevierville, TN)

• Daily Times (Maryville, TN)

• Knoxville News Sentinel (Knoxville, TN)

• Asheville Citizens Times (Asheville, NC)

• Cherokee One Feather (Cherokee, NC)

• Smoky Mountain News (Waynesville, NC)

During this time, nine correspondences were received that contained 10 individual comments. These comments voiced support for the project, with a few suggesting that the scope of the project include passing lanes and turn-offs. In addition, correspondence was received from the Eastern Band of the Cherokee Indians stating their concurrence that there are no known archaeological resources important to the Cherokee People within the proposed project area (see Attachment 1). Public comments on the EA were analyzed and all substantive comments responded to. The Comment Response Report for this EA is provided in Attachment 2.

CONCLUSION

As described above, the Preferred Alternative does not exceed significance thresholds requiring the preparation of an Environmental Impact Statement. The Preferred Alternative will not have significant adverse impacts on either the natural or human environments. Short-term impacts that will result during construction activities associated with the Preferred Alternative will be minimal. Appropriate mitigation measures will be designed and implemented as necessary to help off-set adverse impacts experienced during construction activities. No highly uncertain or controversial impacts, unique or unknown risks, significant cumulative effects, or elements of precedence were identified during preparation of the EA. Lastly, the construction and operation of the Preferred Alternative will not violate any federal, state, or local environmental protection laws.

Attachment 1:

Agency Correspondence

Attachment 2:

Public Comment Response Report

Environmental Assessment

Rehabilitate Newfound Gap Road and Reconstruct Stone Masonry Guardwalls Milepost 0.0 to Milepost 14.5, Sevier County, Tennessee

Projects PRA-GRSM 1A25, 1A26 and 1A28

Comment/Response Report

May 2010

National Park Service U.S. Department of the Interior

Great Smoky Mountains National Park Tennessee i

TABLE OF CONTENTS

TABLE OF CONTENTS ........................................................................................................................................................ I

INTRODUCTION AND GUIDE

INTRODUCTION

THE COMMENT ANALYSIS PROCESS

DEFINITION OF TERMS

GUIDE TO THIS DOCUMENT

CONTENT ANALYSIS REPORT

COMMENT/RESPONSE SUMMARY

APPENDIX 1. CORRESPONDENCE INDEX

APPENDIX 2. INDEX BY ORGANIZATION TYPE

APPENDIX 3. INDEX BY CODE

ii

Attachment 2: EA Comment/Response

INTRODUCTION AND GUIDE

INTRODUCTION

In March 2010, Great Smoky Mountains National Park released the…