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Record of Decision
Complete 540 - Triangle Expressway Southeast Extension
June 2018
U.S. Departmenf of Transportallon
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NORTH CAROLINA
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Administrative Action
RECORD OF DECISION
Complete 540
(Triangle Expressway, Southeast Extension)
STIP Project Nos. R-2721, R-2828, and R-2829
State Project Nos. 6.401078, 6.401079, and 6.401080
Federal Aid Project Nos. STP-0540(19), STP-0540(20), and STP-0540(21)
WBS Nos. 37673.1.TA2, 35516.1.TA2, and 35517.1.TA1
Based on the reasons explained in this document, and on consideration of all the social, economic,
and environmental evaluations contained in the Final Environmental Impact Statement (EIS), with the
input received from other agencies, organizations, and the public, the North Carolina Department of
Transportation and the Federal HighwayAdministration determined thatthe Final EIS Preferred Alter-
native (identified as Detailed Study Alternative 2) is hereby the Selected Alternative for the Complete
540 project. It is the decision of the Federal Highway Administration to adopt this alternative as the
Selected Alternative for this project and grant Location and Design Concept Acceptance.
For additional information, contact:
Mr. Edward T. Parker Mr. Rodger D. Rochelle, P.E.
Federal HighwayAdministration NCDOT, TurnpikeAuthority
310 New Bern Avenue, Suite 410 1578 Mail Service Center
Raleigh, North Carolina 27601-141 8 Raleigh, North Carolina 27699-1578
1. INTRODUCTION
This Record of Decision (ROD) describes the Selected Alternative for
the Complete 540 project (Triangle Expressway Southeast Extension).
In accordance with the National Environmental Policy Act (NEPA), the
North Carolina State Environmental Policy Act (SEPA, G.S. 113A, Article
1), and the requirements set forth by the Council on Environmental
Quality (CEQ) (40 CFR 1505.2), this ROD identifies: 1) the Selected
Alternative; 2) all alternatives considered bythe Federal HighwayAdmin-
istration; 3) measures adopted to avoid and minimize environmental
harm; 4) monitoring and enforcement programs for the implementation
of mitigation measures; and, 5) comments on the Final Environmental
Impact Statement �EIS�.
This ROD pertains to the Final EIS, which, along with study's Draft EIS
and supporting technical documents, is incorporated as part of the ROD
by reference (as established in 40 CFR 1502.21).
2. OVERVIEW
This document records the decision made by the Federal Highway
Administration (FHWA) and the North Carolina Department of Transpor-
tation (NCDOT) on the alternative selected to construct the southeast
extension of the Triangle Expressway. This transportation improvement
is included in the Capital Area Metropolitan Planning Organization's
(CAMPO) Metropolitan Transportation Plan for the area and is listed in
the current State Transportation Improvement Program.
Project Description
This projectwill be a new, limited-access highwayfrom NC 55 Bypass in
Apex, to US 64/264 (I-495/87) in Knightdale, completing the outer loop
circumferential highway that partially encircles the greater Raleigh area
today. The existing 540 route consists of a 27-mile freeway segment
east and north of Raleigh (I-540) and a 16-mile toll segment west of
Raleigh (NC 540). The Complete 540 project will continue the toll facility
south and southeast of Raleigh.
Project Background and Setting
This proposed project has been under consideration for many years.
An "outer loop" around the northern half of Raleigh, beyond what is
now the I-440 Beltline, was first included on long range plans in the
mid-1970s. By the mid-1980s, the pace of development in the area led
NCDOT to expand the northern outer loop idea to a full loop around all of
Raleigh. In the mid-1990s, initial planning for this remaining segment of
the 540 outer loop had been completed. In 2009, the Triangle Express-
way, Southeast Extension study began. The name of the study was later
changed to include "Complete 540."
The study area for Complete 540 encompassed approximately 200
square miles in a broad area south of the town of Cary and south and
east of the city of Raleigh. This area was primarily in Wake County, with
a smaller portion in northwestern Johnston County. Land uses in this
area have changed from undeveloped/rural to primarily low density
residential. In particular, the study area towns of Apex, Holly Springs,
Fuquay-Varina, Garner, and Raleigh have experienced this transition
over the past ten to fifteen years.
Purpose and Need Summary
Two primary purposes were established, based on general transpor-
tation problems in greater Raleigh and specific, localized needs in the
study area: (1) improve mobility within or through the study area during
peak travel periods; and (2) reduce forecast congestion on the existing
roadway network within the project study area. A secondary purpose
was to improve system linkage in the regional roadway network.
The transportation problems that formed the basis for these purposes
are the need for more route choices in the area and the need to reduce
traffic congestion on the existing roadway network.
More Route Choices—Much of the growth that has occurred in the
Triangle Region over the past few decades has been in developments
that include mostly low-density, single-family residences. One outcome
of this kind of land use is the burden it places on local roads. These
developments often have few connection points to the area's larger
roadway network, meaning that the traffic they generate is funneled onto
Complete 540 Record of Decision - June 2018
the same limited number of roads. The traffic congestion this creates
becomes worse when residential areas are far removed from major
employment locations, with several of these developments needing to
access the same roadways. The result is a need to improve mobility by
providing additional route choices for those who live or work in, or travel
through, the study area.
Reducing Congestion on the existing roadway network—Many of the
roads south and east of Raleigh are moderately to severely congested
during the morning and evening peak travel times, with those conditions
expected to worsen over the next several years. CAMPO's Metropoli-
tan Transportation Plan identifies several future transportation projects,
including the Complete 540 project, intended to help ease this increase
in traffic congestion.
3. STAKEHOLDER INVOLVEMENT
The study included an extensive process for informing and involving
environmental resource and regulatory agencies, local governments,
and the public. Details about this process, and details of the information
summarized below, can be found in the study's Stakeholder Involvement
Report (2018�which is incorporated in this ROD by reference.
Environmenta/ Resource and Regu/atoryAgency Coordination
NCDOT prepared a detailed plan to guide the required coordination
with federal, state, and local agencies. The plan identified the Federal
Highway Administration as the project's lead agency and the US Army
Corps of Engineers (USACE) as a formal cooperating agency. Partic-
ipating agencies included the US Environmental Protection Agency
(USEPA), the US Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), the NC Division of Cultural Resources, the
NC Department of Environmental Quality (NCDEQ), the North Carolina
Wildlife Resources Commission (NCWRC), and CAMPO.
NCDOT's plan identified roles and responsibilities at key steps in the
NEPA process. Because this project followed the "6002"�a� process
(a) Section 6002 of MAP-21, the Moving Ahead for Progress in the 21st Century Act of
2012 (P.L. 112-141).
instead of the formal "merger"�b� process, the plan also established pro-
cedures for agencies to raise formal issues of concern and procedures
for resolving those issues.
The study's formal scoping meeting was held on February 16, 2010. The
key topics identified included the project's potential effect on the feder-
ally endangered Dwarf Wedgemussel, water quality, and jurisdictional
wetlands and streams.
As documented in the study's Stakeholder Involvement Report (2018),
the study included an extensive process for informing and involving the
public, local governments, and environmental resource and regulatory
agencies. The main method for government representatives and agen-
cies to receive information and provide comments was through inter-
agency meetings. No formal issues of concern were identified at any of
the meetings that were held over the course of the project.
Public Involvement
An initial set of public meetings took place in the fall of 2010. Three were
held on consecutive afternoons and evenings at three locations in the
study area, with the same information presented at each. Approximately
1,200 individuals attended these meetings and approximately 2,100
public comments were submitted during or following the meetings.
A second series of public meetings was held in October 2013 to present
the corridors selected as detailed study alternatives and to provide an
opportunity for the public to ask questions and provide comments.
Three events were held on consecutive afternoons and evenings at three
different study area locations, with the same information presented at
each. Approximately 1,700 individuals attended these meetings and
approximately 1,000 comments were received during orfollowing these
meetings.
In December 2015, three public information meetings and one formal
corridor public hearing were held, in conjunction with the release of the
Draft EIS. Information was presented about the Detailed Study Alter-
natives and the impact assessments prepared for them. The public
(b) The process merging the requirements of the National Environmental Policy Act and
Section 404 of the Clean Water Act.
Complete 540 Record of Decision — June 2018
hearing provided an opportunity for stakeholders to make formal state-
ments about the content of the Draft EIS.
In February 2018, a similar set of three public meetings and one formal
design public hearing was held. In this case the main focus was the
preliminary design plans prepared for the Preferred Alternative.
Comments received in conjunction with the study's public meetings and
public hearings are summarized in the Stakeholder Involvement Report
(2018), along with NCDOT/FHWA responses to those comments.
Additional public information and outreach techniques that took place
throughout the study included newsletters mailed to each address in the
study area, a project website, a toll-free information line, and smaller
scale meetings with groups such as homeowners associations.
Local Government Involvement
NCDOT provided project updates at many of CAMPO's Executive Board
and Technical Coordinating Committee meetings. In addition, in 2014
CAMPO established the "540 Working Group," which included individu-
als from many local jurisdictions. Several Working Group meetings were
held in the time before the selection of the Preferred Alternative. NCDOT
also met several times with local government staff and elected officials
to provide more detailed information about the study and to answer
questions and receive comments.
4. DECISION
The alternative chosen by FHWA and NCDOT as the Selected Alternative
for the Complete 540 project is the Preferred Alternative identified in the
Final EIS, known as "Detailed StudyAlternative 2" (see Exhibit 1.)
This alternative comprises the Orange, Green (partial) and Mint Corridor
segments. The Orange segment follows the alignment of the corridor
protected in the 1990s by North Carolina's "Map Act" (since repealed,
in 2016) in the western portion of the study area (east of I-40). The
Green segment follows a path also established, but not protected, in
the 1990s. The Mint segment shifts away from the Green segment for a
short distance to minimize impacts.
The Selected Alternative is 28.4 miles in length, from NC 55 Bypass to
US 64/264 (I-495/87). Itwill have sixtravel lanes, a70-footwide median,
and a posted speed limit of 70 mph. Interchanges will be located at NC
55 Bypass, Holly Springs Road, Bells Lake Road, US 401, Old Stage
Road, NC 50, I-40/US 70 (Clayton Bypass), White Oak Road, Rock
Quarry Road, US 70 Business, Auburn Knightdale Road, Poole Road,
and US 64/264 (I-495/87).
The State Transportation Improvement Program (STIP) for years 2018
through 2027 divides the Complete 540 project into three construction
projects. The first is between US 401 and I-40. The second is from NC
55 Bypass and US 401. The third is from I-40 to US 64/264 (I-495/87).
Basis for Selection as Preferred Alternative
The Selected Alternative was shown to be the most practical solution
for meeting the primary purposes of the project, which are to improve
mobility and reduce traffic congestion south and east of the Raleigh area
during peak travel periods. The Selected Alternative would also achieve
the secondary purpose of the project, which is to improve system
linkage in the regional roadway network.
Detailed Study Alternative 2 was selected as the Preferred Alternative by
NCDOT and FHWA, and was endorsed by the study's interagency group
because it meets both of the project's primary purposes, meets the
project's secondary purpose, and is the best balance between benefits
and environmental impacts.
Impacts of the Selected A/ternative
A summary of impact descriptions is provided in the following para-
graphs. Detailed explanations of the benefits and impacts of the Pre-
ferred Alternative are contained in the Final EIS.
Environmental Justice and Civil Rights — NCDOT and FHWA carried
out a process to identify and address disproportionately high and
adverse environmental effects of the Complete 540 project on minority
populations and low-income populations. This effort resulted in the con-
clusion that there are no environmental justice concerns associated
with the Selected Alternative, nor will any concentrated minority or low
Complete 540 Record of Decision — June 2018
Comp/ete 540 Record of Decision - June 2018
income populations receive disproportionate high and adverse effects
as a result of the Selected Alternative.�°�
Relocations — Based on the preliminary design plans, the Selected
Alternative will affect 1,825 acres of land on 858 parcels and will require
217 relocations. The relocations include 209 residences, 5 businesses,
and 3 non-profit organizations.
Barrier, Access, and Neighborhood Effects — Two residential devel-
opments will be affected by the Selected Alternative. The Woodcreek
subdivision was developed in anticipation of the proposed project being
constructed. The project's design will include a pedestrian underpass
to connect the smaller northern portion of the development to the main
southern portion. At Deerfield Park subdivision, the project will include
a bridge over Complete 540 to connect the two portions of this devel-
opment that will be bisected by the project. Three other neighborhoods
will experience substantial access changes or a relatively large number
of property relocations.
Community Facility Impacts — The Selected Alternative will require
the acquisition of approximately 3.3 acres of land from the northwest
corner of Wake Technical Community College. No campus buildings will
be affected. The Selected Alternative will also require land acquisition
at six church locations: no church functions will be affected at any of
these locations.
Historic Architecture Resources — On December 10, 2014, the State
Historic Preservation Office (HPO) concurred with NCDOT's finding
that the Preferred Alternative (now the Selected Alternative) will have
no effect on 23 of the 25 properties in the project's Area of Potential
Effect that are listed on or are eligible for listing on the National Register
of Historic Places (NRHP). For the two properties that will be affected,
the HPO concurred with NCDOT and FHWA that the Selected Alterna-
tive will result in "no adverse effect" to each property. At one of these
sites (Panther Branch School), NCDOT has established a commitment
to coordinate with the HPO and the property owner about the use and
(c) This conclusion is based on analyses documented in the "Community Impact Assess-
ment", "Indirect and Cumulative Effects Memorandum (Quantitative ICE Assessment
Memo #4)", and "First Tier Alternative Concepts Screening & Traffic ReassessmenY' doc-
uments.
design of a retaining wall to eliminate the need for permanent easement
or right-of-way at this location.
Archaeological Resources — One prehistoric archaeological site was
identified that qualifies for the NRHP, under Criterion D only. This site is
of importance for the data that it contains and does not require pres-
ervation in place. The eligibility of this site for the NRHP has been con-
firmed through coordination with the HPO. NCDOT investigated shifting
the highway alignment to avoid this site but found that such a change
will result in additional direct impacts to wetlands, streams, and exist-
ing residential neighborhoods. While bridging the site could potentially
avoid direct effects on this site, a review of the proposed designs and
the topography in this area showed that bridging the site will require
significant design revisions if nearbywetlands and a nearby subdivision
were to be avoided. Because these design revisions will increase the
overall project footprint in this area and result in an undesirable partial
vertical curve on the bridge, NCDOT concluded they should not be
implemented. In accordance with Section 106 of the NRHP, a Memoran-
dum of Agreement between NCDOT, the NC HPO, and FHWA has been
completed for this site. Prior to any construction activity in the area of
this site, NCDOT will recover the data from this site and document this
recovery to the satisfaction of the HPO.
Final Section 4(f) Evaluation — Two parcels qualifying for protection
under Section 4(f) will be affected by the Selected Alternative, but FHWA
has determined they will be de minimis impacts.
At Middle Creek School Park, the Selected Alternative will cross a narrow
strip of land along the northern edge of the parcel, affecting about 2.8
acres of this 105-acre site. Because the affected area is only a small
percentage of the total parcel, and because the function and use of the
park will not be altered, FHWA has determined that it will be a de minimis
impact.
The Selected Alternativewill crossthe Neuse RiverTrail, a 28-mile pedes-
trian and bicycle path that is part of Raleigh's Capital Area Greenway
System. Because the Selected Alternative will not permanently affect
access to the trail or adversely affect the trail's recreational activities,
features, or attributes, and, because trail use will be accommodated
during construction, FHWA has determined that this crossing will be a
de minimis impact.
Complete 540 Record of Decision — June 2018
Before making de minimis determinations for these properties, NCDOT
and FHWA consulted with the officials who have jurisdiction over these
properties to ensure such determinations could be made. The City of
Raleigh concurred with the FHWA de minimis determination relative to
the Neuse River Trail. Likewise, the Town of Cary concurred with the de
minimis determination for the Middle Creek School Park. Copies of con-
currence letters to this effect can be found in the project's Stakeholder
Involvement Report. In addition, other local governments, environmen-
tal resource and regulatory agencies, and the public, were given the
opportunity to review and comment on the project's potential effects
on these resources during the comment period for the Draft EIS. With
one exception, there was no opposition expressed to the proposed de
minimis determinations for these resources from any of these groups or
individuals. Questions and concerns relative to these de minimis deter-
minations and these park properties were addressed in the response
to comments on the Draft EIS and on the Final EIS in the Stakeholder
Involvement Report. Information about the evaluation of the poten-
tial impacts of the project on these recreational resources, and about
FHWA's determination that their recreational activities, features, and
attributes will not be adversely affected by the project, was included in
an appendix to the Draft EIS and is further addressed in the Final EIS.
In addition to the two park facilities, the Selected Alternative will affect
one archaeological site that has been determined to be eligible for the
NRHP. As noted previously, the HPO has determined that the archaeo-
logical site is of importance only for the data it contains and does not
require preservation in place. Because the site does not warrant preser-
vation in place, Section 4(f) does not applyto it. The Selected Alternative
will not result in "use" of any NRHP-eligible or listed historic architectural
sites under Section 4(f).
Traffic Noise — In 2017, NCDOT updated the May 2015 Traffic Noise
Analysis to evaluate the preliminary designs associated with the Pre-
ferred Alternative. The analysis accounts for a change in the project's
design year, from 2035 to 2040, and the availability of traffic data for the
2016 existing condition and the 2040 Build condition. Also, prior to the
FEIS being completed,minor revisions to the preliminary design of the
Preferred Alternative have occurred to reduce impacts, and NCDOT has
updated its noise policy since the 2015 report was prepared.
In total, 2,660 receptors were evaluated along the Selected Alterna-
tive (2,639 residences, four schools, eight recreational facilities, eight
churches, and one business), with 132 receptors predicted to experi-
ence NAC�d> impacts, 473 receptors predicted to experience substan-
tial increase impact, and 213 receptors predicted to experience both
types of impact. With the exception of four recreational areas, all of the
affected receptors are residences. No schools, churches, or commer-
cial properties are predicted to experience traffic noise impacts as a
result of construction of the Selected Alternative.
The updated analysis resulted in 279 additional impacted receptors
being identified along the Selected Alternative, compared to the May
2015 analysis. This increase is attributable to the change that occurred
in the NCDOT noise policy relative to "substantial increase and the
land development that has occurred in the project area in the interval
between the two studies."
NCDOT examined various forms of noise abatement (including traffic
management, alteration of roadway alignments, creation of buffer
zones, and installation of building insulation) and found that none will
be a feasible solution. Abatement in the form of noise barriers was con-
sidered at 42 locations where traffic noise impacts were predicted. Of
these, 22 barriers were preliminarily found to be both feasible and rea-
sonable and are, therefore, likelyto be constructed. Another 20 barriers
were evaluated and preliminarily found to not be feasible and reason-
able. Of the 818 impacted receptors, 497 will benefit from the implemen-
tation of these 22 barriers, including two of the four affected recreational
areas and 495 impacted residences. These barriers will also benefit 222
additional receptors that did not have an identified noise impact. Of the
other 20 barriers, three were preliminarily found to be not feasible and
17 not reasonable. These 20 barriers are not likely to be constructed. In
summary, by constructing the 22 feasible and reasonable barriers, 323
residences and two recreation areas will remain with projected traffic
noise related impacts. A final determination of noise barrier feasibility
and reasonableness will be made upon (1) completion of the Selected
Alternative's design plans, (2) completion of a Design Noise Report
for each construction segment, and (3) after the public involvement
�d� Noise Abatement Criteria. (Criteria established by the Federal Highway Administration
for determining when a receptor is said to experience a noise impact.)
Complete 540 Record of Decision — June 2018 6
process for noise walls (ballot process) has been completed for each
construction segment.
Air Quality — Both Wake County and Johnston County are in attain-
ment with respect to the USEPA's National Ambient Air Quality Stan-
dards. Because carbon monoxide (CO) regional and project-level con-
formity requirements in North Carolina have ended, a project level CO
microscale analysis is no longer required in North Carolina as part of the
NEPA process. As noted in the Draft EIS, the project does not require
a detailed study for particulate matter. Complete 540 is in the MPO's
(CAMPO) long range plan and TIP with a consistent design concept and
scope as the selected alternative.
A qualitative analysis of Mobile Source Air Toxics (MSATs) was com-
pleted for the Selected Alternative. This analysis predicted that con-
structing the Preferred Alternative would result in reduced MSAT emis-
sions in the immediate area of the project, compared to a No-Build sce-
nario, as a result of USEPA's MSAT reduction programs. For possible air
quality concerns during construction, no substantial long-term effects
will occur if currently adopted rules for open burning and dust control
are followed. The project is not expected to create any adverse effects
on the air quality of this attainment area.
Land Use and Economics — Because the corridor now identified as
the Orange Corridor segment was set aside in the 1990s as the path of
a future highway and protected from development, most local govern-
ments in the area have written their land use plans in anticipation of this
roadway being built!e> As a result, planners representing the towns in the
study area have stated that the Selected Alternative, which includes the
Orange Corridor segment, will not conflict with their future growth and
development objectives. Because the Selected Alternative also includes
the majority of the Green Corridor segment, which was also identified in
the 1990s as a potential future highway route, the Selected Alternative
will not confiict with local land use plans.
The Selected Alternative will require five business relocations. One is a
greenhouse on Benson Road. Three are on US 70 Business and include
(e) As documented in: Indirect and Cumulative Effects Memorandum (Quantitative ICE
Assessment Memo #4) (2017) and Qualitative Indirect and Cumulative Effects Report
(2014).
a manufactured home sales office, an auto collision repair shop, and a
metal/parts salvage operation. The fourth is a stormwater management
business along White Oak Road. In addition, the Selected Alternative will
affect operations at a private rugby facility on Poole Road.
Two communication towers will also be affected. One is on Poole Road
and is used for cellular communications; the other is on Rock Quarry
Road and is used for a variety of communications functions.
Water Resources — As indicated in the Final EIS (page 53), the
Preferred Alternative (now Selected Alternative) could affect water
resources in a number of different ways. To keep potential effects to a
minimum, a sediment and erosion control plan will be developed during
the final design stage and implemented during construction. This plan
will be prepared in accordance with NCDEQ and NCDOT guidance and
the NC Design Standards for Sensitive Watersheds.
Streams — The current design for the Selected Alternative will affect
57,756 linear feet of streams. This is the total length after minimization
measures were incorporated into the Preferred Alternative's design.
The total impact on streams may vary slightly as further refinements are
made to the project's design plans.
Wetlands — The current design for the Selected Alternative will affect
69.0 acres of wetlands. This is the total area after minimization mea-
sures were incorporated into the Preferred Alternative's design. The
total impact on wetlands may vary slightly as further refinements are
made to the project's design plans.
Wetland Finding - The rationale for choosing the Selected Alternative
was based on many factors, including its impact on wetlands, streams,
and ponds. Measures to minimize harm to wetlands have been incorpo-
rated into the project through the use of horizontal and vertical alignment
refinements and bridging across sensitive wetland areas. Based on the
analysis for the project, there is no practicable alternative to completely
avoid impacts to wetlands. The Selected Alternative includes all prac-
ticable measures to minimize harm to wetlands. These findings have
been coordinated with environmental resource and regulatory agencies
without any stated issues of concern.
Complete 540 Record of Decision — June 2018
Floodplains and Floodways — The Selected Alternative will unavoid-
ably affect 61.2 acres of 100-year floodplains. This is the total area after
minimization measures were incorporated into the Preferred Alterna-
tive's design.
Floodplain Finding - The study area's fioodplains are associated with
its three principal streams: Middle Creek, Swift Creek, and the Neuse
River. Although efforts have been made to minimize effects on these
fioodplains, the Selected Alternative will unavoidably impact 100-year
and 500-year fioodplains where it crosses these streams or their trib-
utaries. Efforts have been made to minimize the effects on fioodplains
through bridging at the more substantial fioodplain crossings. Addition-
ally, where practicable, stream crossings will be perpendicular or nearly
perpendicular to each stream, which will minimize impacts to the asso-
ciated fioodplains. Bridges and culverts along the project will be sized
to ensure compliance with Federal Emergency Management Agency
(FEMA) requirements and NC fioodplain requirements. The selection
of the Selected Alternative was based on a consideration of the effects
it will have on natural, human, and physical environments, compared
to the other alternatives, and on comments received on the Draft EIS
and Final EIS. NCDOT and FHWA have determined that there is no other
practicable alternative that will further reduce impacts to floodplains.
Terrestrial Habitat — The Selected Alternative will contribute to habitat
fragmentation in places where it crosses larger tracts of undeveloped
land. In conjunction with environmental resource and regulatory agen-
cies, mitigation in the form of bridging was considered at each location
where such fragmentation would occur. For larger streams and some
larger tracts of vegetated wetland areas that will be divided, bridges to
help support wildlife movement are being included.
Protected Species — NCDOT and FHWA prepared a Biological Assess-
ment for ESA listed species under the jurisdiction of the US Fish and
Wildlife Service (USFWS) that could potentially be affected bythe project.
Those species include: the Red-Cockaded Woodpecker, Michaux's
Sumac, the Rough-Leaved Loosestrife, the Tar River Spinymussel, the
Cape Fear Shiner, the Dwarf Wedgemussel, and the Yellow Lance (a
mussel species). NCDOT and FHWA in consultation with USFWS have
incorporated mitigative measures to avoid, minimize, and compensate
where appropriate the project's effects on ESA listed species.
The USFWS reviewed the BA and prepared a Biological Opinion�f> docu-
menting its analysis and conclusions on each of these species. USFWS
opinion is that the project may have an adverse effect on the mussel
species; however, the project would not result in jeopardizing the con-
tinued existence of any listed species or cause adverse modification or
destruction of designated critical habitat. Those conclusions are sum-
marized as follows:
■ Dwarf Wedgemussel— The Biological Conclusion for the Dwarf
Wedgemussel is May Affect, Likely to Adversely Affect. Through
coordination with USFWS, NCDOT conducted additional freshwa-
ter mussel studies to help provide information needed to assess
the species' viability in its study area habitat (the Swift Creek Water-
shed). These studies noted that while the relative abundance of
freshwater mussel species in the Swift Creek watershed has been
declining, there is evidence that this decline has leveled off and that
the Dwarf Wedgemussel may be reproducing in the water-shed.
The studies further noted that while urbanization in the Swift Creek
watershed has led to habitat degradation in the Creek, some areas
of Swift Creek continue to provide high quality mussel habitat. Also,
as noted in the discussion of indirect and cumulative effects, there
are concerns about concentrations of copper in Swift Creek at
levels that may be harmful to freshwater mussels. At the time of
this writing, the effectiveness of existing conservation measures
to protect mussel viability in the Swift Creek watershed is unclear
because they have not been in place long enough for their effec-
tiveness to be ascertained.
The species viability study conducted for the Complete 540 project
concluded that while there is potential for the Dwarf Wedgemus-
sel to persist in Swift Creek, its long-term viability is uncertain, and
many of the threats to the species' long-term viability in Swift Creek
will remain, regardless of whether the project is constructed. Man-
agement and propagation efforts are underway to help achieve long
term viability of this species (see Section 6, below). In the Biological
(f) A Biological Opinion documents the USFWS official position on whether a proposed
federal action is likely to jeopardize the continued existence of endangered or threatened
species or result in the destruction or adverse modification of the designated critical
habitat for an endangered or threatened species.
Complete 540 Record of Decision — June 2018
Opinion, USFWS concluded that Complete 540 is not likely to jeop-
ardize the continued existence of this species.
Yellow Lance— Although this mussel species was not under federal
protection when the Draft EIS was written, the USFWS subse-
quently listed this species as threatened (in April 2018). In response,
NCDOT conducted field surveys for this species in the project area,
the results of which are documented in the Complete 540 Aquatic
Species Survey Report. TheYellow Lance was also evaluated in the
Biological Assessment. The effects information described above
for the Dwarf Wedgemussel also applies to the Yellow Lance, and
the Biological Conclusion for this species is also May Affect, Likely
to Adversely Affect. Conservation measures similar to those for
the Dwarf Wedgemussel, including propagation, will also be used
to offset the project's potential effects on the Yellow Lance (see
Section 6, below). In the Biological Opinion, USFWS concluded that
Complete 540 is not likely to jeopardize the continued existence of
this species.
■ Michaux's Sumac—The Biological Conclusion for this species is
MayAffect, NotLikelytoAdverselyAffect. In the Biological Opinion,
USFWS concurred with this conclusion.
■ Cape Fear Shiner—The Biological Conclusion for this species is
MayAffect, NotLikelytoAdverselyAffect. In the Biological Opinion,
USFWS concurred with this conclusion.
■ Rough-Leaved Loosestrife—The Biological Conclusion for this
species is No Effect.
■ Red-Cockaded Woodpecker—The Biological Conclusion for this
species is No Effect.
■ Tar River Spinymussel—The Biological Conclusion for this species
is No Effect.
Atlantic Sturgeon— In April 2012, the National Marine Fisheries Service
listed the Atlantic Sturgeon as endangered and, in September 2017
NMFS designated as critical habitat the entire length of the Neuse River
within the project study area. All of the project's Detailed Study Alterna-
tives, including the Selected Alternative, cross the Neuse River.
In response to the NMFS critical habitat designation, NCDOT conducted
a physical and biological features survey of critical habitat for the Atlan-
tic Sturgeon in the vicinity of the proposed project's crossing of the
Neuse River. The survey found that potential Atlantic Sturgeon habitat
at the crossing is poor quality and there are no concentrations of phys-
ical and biological features within the footprint or immediate vicinity of
the crossing location. Likewise, no such features were found within the
850-foot-wide survey area, neither upstream nor downstream of the
crossing location.
NCDOT and FHWA prepared a Biological Assessment for Atlantic Stur-
aeon and its designated critical habitat for the Complete 540 project.
Based on the coordination with NMFS, NCDOT and FHWA have com-
mitted to a list of ineasures to help avoid and minimize the project's
potential effects on the sturgeon and its habitat. The Assessment indi-
cates that the direct and indirect effects of the project would not result
in adverse effects to the Atlantic Sturgeon and its critical habitat. There-
fore, NCDOT and FHWA determined that the project May Affect but is
Not Likely to Adversely Affect the Atlantic Sturgeon and its critical habitat
in the project's action area. NMFS concurred with this determination.�g�
Bald Eagle—While the Bald Eagle is no longer federally listed as endan-
gered, it is still protected by the Bald Eagle and Golden Eagle Protection
Act of 1962. After a review of existing information about the presence of
this species in the study area, and after field surveys were conducted (in
2018) along the Selected Alternative, NCDOT has concluded the project
will be in compliance with the protections established in this Act and the
Bald Eagle will not be affected.
Farmlands — While most of the soil types the study area are classi-
fied as prime, unique, local or of statewide importance, the Farmland
Conservation Impact Rating score for the Selected Alternative did not
exceed the threshold for required mitigation of farmland impacts. One
Voluntary Agriculture District (VAD) farm will be affected, located on
New Bethel Church Road, just north of the Clayton Bypass. This 45 acre
wooded parcel is part of a large, multi-parcel, multi-location district that
extends into an adjacent 53 acre parcel in Johnston County. Approxi-
mately 23 acres will be required for project right-of-way at the northern
edge of the property.
(g) May 21, 2018 letter from National Marine Fisheries Service to NCDOT.
Complete 540 Record of Decision — June 2018
Major Drainage Structures — There are 39 locations along the
Selected Alternative where a major drainage structure will be needed.
Culverts will be used at 26 of these and bridges at the remaining 13. Of
those bridges, 8 are either longer than will otherwise be necessary, or
are bridges instead of culverts, to avoid or minimize stream and wetland
impacts.
Hazardous Materials and Contamination Sites — The Selected
Alternative will require right-of-way acquisition at four potential contam-
ination sites: two gas stations, an automotive salvage yard, and an auto
repairshop. Becausethe projectwill notaffectthe underground storage
tank fields at either gas station, NCDOT does not anticipate the need for
relocation or remediation at these locations. Additionally, the project will
not require acquisition of any known hazardous waste sites or landfills.
Sprayfields — The right-of-way for the Selected Alternative will affect
approximately 11 acres of a 600-acre City of Raleigh sprayfield on Wrenn
Road. This site treats wastewater from the Dempsey E. Benton Water
Treatment Plant, located on NC 50. An additional 6 acres of this site,
along Swift Creek, will be landlocked by the project and will be offered
for acquisition.
Major Utility Installations — There are underground petroleum pipe-
lines and overhead electrical transmission lines at various locations
along the Selected Alternative. NCDOT expects that all affected pipe-
lines and electric lines will be relocated prior to starting construction
activities in these areas.
Communications Towers — The Selected Alternative will require the
relocation of two communications towers; one near Rock Quarry Road
and another near Poole Road.
Indirect and Cumulative Effects —To analyze the potential indirect
and cumulative effects (ICE) of the Preferred Alternative, NCDOT con-
ducted a quantitative analysis of those effects based on comprehensive
data that included a new 2040 No-Build land use forecast. The results
of these analyses are contained in a series of ICE technical reports and
were described in Chapter 5 of the Final EIS.
Key results are that substantial new development will occur in the study
area by 2040 under the No-Build scenario, with about 73,000 additional
acres in southern Wake County and parts of Johnston and Harnett Coun-
ties converted from undeveloped or agricultural uses to uses classified
as developed by 2040. Under this scenario, the proportion of developed
land in the area studied will increase from 39 percent under current con-
ditions to about 66 percent by 2040.
The quantitative ICE analysis of the Preferred Alternative also concluded
that the Complete 540 project will likely cause about 1,400 additional
acres to be converted to developed land uses under the Build scenario
as compared to the No-Build scenario. This represents an increase of
approximately 2 percent increase over the 73,000 acres predicted to
be converted under the No-Build scenario. This supports the finding
of the qualitative ICE analysis, suggesting that constructing the project
will lead to land use patterns consistent with those envisioned in local
land use plans.
Another component of the quantitative ICE analysis was to use the
modeled future land use patterns under the Build and No-Build scenar-
ios to predict the relative amounts of impervious surface under the two
scenarios. Greater impervious surface coverage in an area can lead
to increased stormwater runoff and negative effects on surface water
quality. The model results suggest that there would be small differences
in the 2040 Build and No-Build scenarios for most of the water quality
indicators examined. Watersheds in the study area that currently contain
populations of Dwarf Wedgemussel orYellow Lance are experiencing,
and will continue to experience, growth pressures that may lead to neg-
ative effects on water quality, with or without the Complete 540 project.
While the model results suggest that the project could lead to increased
concentrations of suspended solids and copper, two contaminants that
can be harmful to freshwater mussels, the predicted increases are small
in comparison to the overall anticipated increases by 2040 that would
result from growth predicted to occur without the project.
A further conclusion reached as a result of the quantitative ICE analy-
sis concerned the effect that the project's induced development could
have on traffic conditions in the Future Land Use Study Area (FLUSA).
Because the amount of development and other land use changes actu-
ally induced by the project is expected to be quite small compared to
the overall development expected to occur in the FLUSA, it follows that
changes in traffic volumes, travel times, and travel distances caused by
Complete 540 Record of Decision — June 2018 10
this induced development will be small as well. This conclusion was ver-
ified by the quantitative ICE results. For example, when comparing trip
productions and attractions between the BaseYear and the 2040 Build
and No-Build Scenarios, the compounded annual growth rate varies by
one-tenth of one percent.
Costs—At the time the Final EIS was prepared, the Preferred Alternative
was estimated to cost between $2.0 billion and $2.3 billion, with a plan-
ning level estimate of $2.24 billion, expressed in anticipated year-of-ex-
penditure dollars. This total project cost estimate included construction
of the project ($1.58 billion), right-of-way acquisition and relocation
($322 million), utility relocation ($61 million), agency expenses and
reserve funds ($156 million), environmental mitigation ($65 million),
and prior expenditures ($53 million).
In the time since the Final EIS was completed, FHWA conducted a sep-
arate cost estimate review, following a process used for all major FHWA
projects (i.e., those costing more than $500 million). This review esti-
mated the cost of the Selected Alternative to be between $1.74 billion
to $2.35 billion, with a 70 percent confidence estimate of $2.12 billion.
Additional information on the cost estimate review process can be found
in Section 8, below, in FHWA's Cost Estimate Review Report (May 2018).
A summary of the impacts associated with the Selected Alternative is
shown on Exhibit 2.
NCDOT intends to implement the project using the design-build
method, which allows the design, environmental permitting, right-of-
way acquisition, utility relocation, and construction to take place under
one contract. This method encourages innovative approaches to reduce
overall construction time, save taxpayers money, lessen environmental
impacts, and alleviate driving delays for motorists.
5. ALTERNATIVES CONSIDERED
NCDOT evaluated a broad range of alternatives for meeting the project
purposes, including the No-Build alternative. A detailed discussion of
these alternatives is included in study's Alternatives Development and
Analysis Report (prepared in 2014; reassessed in 2017), which is incor-
porated as part of this ROD by reference.
Alternative Concepts
Early in the study, NCDOT identified and evaluated several broad con-
cepts that could potentially meet the project purposes:
(1) Transportation Demand Management—strategies to reduce the
need for individuals to use the roadway system during periods of peak
traffic congestion.
(2) Transportation System Management—low-cost minor improve-
ments to roadways to increase the capacity or efficiency of the overall
roadway system.
(3) Mass Transit and Multi-Modal options—expanding bus and rail pas-
senger service in the project area or combining expanded transit service
with the roadway projects included in CAMPO's Metropolitan Transpor-
tation Plan, but excluding the Complete 540 project.
(4) Expansion of Existing Roadways—major reconstruction of exten-
sive portions of existing roads in the study area. (Three combinations
of existing roadways having the greatest potential to meet the project
purposes were examined.)
(5) Hybrid Options—combining the expansion of certain existing road-
ways with a limited amount of new highway construction. (Three hybrid
alternatives having the greatest potential to meet the project purposes
were examined.)
(6) New Highway Option—constructing a new, limited-access facility,
similar in design to the existing Triangle Expressway (NC 540).
(7) No-Build Option—construction of each of the transportation
improvements identified in CAMPO's Metropolitan Transportation Plan,
excluding the Complete 540 project. (This option was retained as a
viable alternative throughout the planning study.)
Screening ofA/ternative Concepts
As documented in the study's Alternatives Development and Analysis
Report, NCDOT analyzed each of these concepts and compared them
using measures of effectiveness established for the planning study.
Using both qualitative and quantitative methods, these concepts were
screened to determine if they would meet the primary purposes of
Complete 540 Record of Decision — June 2018 11
Exhibit 2
Impacts Associated with the Selected Alternative
Environmental Factors Effect/Impact
Environmental Justice None
...........................................................
Land(acres) .........................................................................1,825
Parcels(each) ......................................................................._858
Relocations (residential, business, non-profit) ......................... 217
Business Relocations 5
.................................................................
Bisected Neighborhoods ............................................................2
Churches (land only impacts) .....................................................6
Historic Resources None with adverse effects
.................................
Archaeological Resources ......................1 site with adverse effects
Section 4(f) Resources ...............2 parks, both de minimis impacts
Noise ...................................................................... 818 receptors
AirQuality .............................................................................None
Communication Towers 2
...............................................................
Private Recreation Areas 1
.............................................................
Streams (linear feet) .......................................................... 57,756
Streams (number of crossings) ................................................140
Stream Buffer Zone 1(acres) ................................................. 99.8
Stream Buffer Zone 2(acres) ................................................. 63.2
Wetlands (acres) ................................................................... 69.0
Wetlands (number affected) ....................................................156
Riparian Wetlands (acres) ..................................................... _64.7
Non-Riparian Wetlands (acres) ..............................................._4.3
Ponds(acres) ....................................................................... _24.6
Ponds (number affected) ......................................................... 39
Floodway(acres) ....................................................................15.4
100Year Floodplain (acres) ....................................................61.2
500Year Floodplain (acres) ................................................... 76.2
Underhill Wetland Mitigation Site (acres) .................................. 0.5
BaldEagle ............................................................................None
Red-Cockaded Woodpecker ...........................................No Effect
Michaux's Sumac ...................................................... (see note 1)
Rough-leaved Loosestrife ...............................................No Effect
Tar River Spinymussel .....................................................No Effect
Cape Fear Shiner ...................................................... (see note 1)
Dwarf Wedgemussel ..................................................fsee note 2)
Yellow Lance ..............................................................lsee note 2)
Atlantic Sturgeon .......................................................(see note 1)
Potential Contamination Sites 4
......................................................
Cost ($ billion, at 70% confidence level) ................................. 2.12
Note 1: May Affect, Not Likely to Adversely Affect
Note 2: May Affect, Likely to Adversely Affect
The impacts reported in this table are subject to adjustments as the design plans for
the individual construction projects are further refined.
Complete 540 Record of Decision — June 2018 12
the project. The result was that only two of these were found to both
improve mobility and reduce traffic congestion according to the crite-
ria established to measure these purposes: one hybrid concept, and
building an entirely new highway. Those options were then developed
in greater detail.
Upon examining the Hybrid option alternative, one of the three was
found to achieve both of the project's primary purposes. It was later
dismissed, however, because of its level of environmental and commu-
nity impacts. As a result, the New Highway and No-Build options were
the only options found to warrant more detailed evaluation.
Preliminary Highway CorridorAlternatives
NCDOT developed several new highway alternative corridors and a
hybrid alternative corridor. The corridors were developed with a width
of 1000 feet. Numerous individual corridor segments were established,
with their locations based on key features of the human, natural, and
physical environments. These segments could be connected in a variety
of ways to make unique route alternatives connecting the two project
termini (NC 55 Bypass in Apex, and US 64/264 Bypass (I-495/87) in
Knightdale).
NCDOT compiled preliminary information about the potential effects of
each alternative on the study area's social, environmental, and physical
features (e.g., wetlands, streams, fioodplains, endangered species, and
social features such as potential relocations of homes and businesses,
etc. ). Using this information, the alternatives were screened to eliminate
those that would result in higher impacts.
In the fall of 2010, NCDOT presented this information to environmental
resource and regulatory agencies, local governments and to the public,
resulting in various changes to the alternatives, with new segments
being added to avoid or minimize impacts to resources, and some seg-
ments dropped from further consideration due to high potential impacts
without offsetting benefits. Also dropped from further consideration was
the hybrid concept alternative because it would require a large number
of residential relocations and substantial impacts to wetlands without
offering any offsetting advantage over the new highway alternatives.
The new set of corridors that emerged was then subject to additional
review and analysis. Based on the comments and suggestions made
during additional agency, government, and public reviews, including a
round of public information meetings in the fall of 2013, ten individual
corridor segments (forming seventeen unique end-to-end alternatives)
were selected for detailed study. A map of the seventeen Detailed Study
Alternatives can be viewed on Exhibit 3.
Detailed StudyAlternatives
The screening of preliminary corridors resulted in seventeen new
highway alternatives being retained as "Detailed Study Alternatives,"
each consisting of a unique combination of two or more corridor seg-
ments. Ten individual corridor segments were developed, each with an
identifying color.
Orange Corridor Segment— An advantage of this segment was that it
contained little or no development because it followed a corridor that
was protected in the mid-1990s.
Lilac Corridor Segment—This option was developed to reduce potential
effects on wetlands.
Purple and Blue Corridor Segments—Although these segments were
assigned two different colors, they functioned as one segment. Being
farther south than the other segments, theywould have possibly served
traffic better in growing areas near Fuquay-Varina. They also would
connect to other segments developed to better avoid wetland areas.
Red Corridor Segment—The Red Corridor segment was developed to
avoid the habitat area for the federally endangered Dwarf Wedgemussel
and to better avoid wetland areas.
Green Corridor Segment—This segment followed a corridor first estab-
lished in the mid-1990s. Although it was not protected from develop-
ment, its prior identification as a possible route led to its being included
in the Complete 540 study.
Mint Corridor Segment —This was developed to avoid a substantial
publicly-owned natural resource that would have been affected by the
Green Segment.
Complete 540 Record of Decision — June 2018 13
Exhibit 3
Detailed Study
Alternatives
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Comp/ete 540 Record of Decision - June 2018 14
Tan Corridor Segment—The Tan Corridor segment was developed in
an attempt to avoid some of the property impacts associated with the
Green and Mint Segments.
Brown Corridor Segment—This segment was developed to further avoid
property impacts associated with the Green, Mint, and Tan Segments.
Teal Corridor Segment—This short segment was developed to allow a
connection between the Green and Brown Segments.
Each of the seventeen end-to-end alternatives formed by combinations
of these segments was screened against the full range of impact cate-
gories described in the previous section. The seventeen alternatives are
shown in Exhibit 3; impacts are addressed in the Draft EIS.
6. MEASURES TO MINIMIZE HARM
Avoidance, Minimization, and Mitigation for Water Resources
Through the use of minimization techniques, NCDOT has eliminated or
reduced impacts to streams and wetlands to the greatest extent practi-
cable at the current stage of design. This included examining the use of
bridges instead of culverts over some of the larger streams and bridging
some of the larger and higher quality wetlands.
Mitigation policy for jurisdictional Waters of the United States has been
established by USEPA and USACE regulations. Unavoidable impacts of
the Selected Alternative to wetlands and streams will be offset using the
techniques described below. All wetland, stream, and buffer mitigation
will be approved by state and federal permit agencies, prior to permit
authorization.
For the portion of the project between NC 55 Bypass and US 401 (STIP�"�
Project R-2721), NCDOT will follow the provisions of a 2016 Memoran-
dum of Agreement between NCDOT and the NC Division of Mitigation
Services (NCDMS) for off-site mitigation of wetland, stream, and ripar-
ian buffer impacts. NCDOT also investigated opportunities for on-site
mitigation and found no suitable sites available within the project limits.
(h) State Transportation Improvement Program
For the portion of the project between US 401 and I-40 (STIP Project
R-2828), NCDOT will rely on NCDMS for mitigation of impacts to
wetlands and riparian buffers. Both NCDMS and private mitigation banks
will be used for impacts to streams, with private mitigation banks being
the preferred option. Opportunities for on-site mitigation have been
investigated and a stream mitigation site has been identified. Efforts are
underway to further consider the use of this site for stream mitigation.
For the portion of the project between I-40 and US 64/US 264 (STIP
Project R-2829), NCDOT anticipates that impacts will be offset by com-
pensatory mitigation, most likely through NCDMS. No specific approach
has been established because the current anticipated construction start
date (2027) is more than five years in the future.
Underhill Wetland Mitigation Site — This 84.5-acre parcel, which is
located adjacent to and south of Swift Creek in the Complete 540 project
area, was purchased by NCDOT in 1998 as part of the wetland mitiga-
tion efforts for NCDOT's US 70 Clayton Bypass project. The parcel has
a small arm of land adjacent to Swift Creek that extends northward,
crossing most of the right-of-way width of the Selected Alternative.
The Selected Alternative will span this portion of the property with dual
bridges, which will be built approximately 20 feet above ground level and
designed to prohibit direct stormwater drainage into the mitigation site
and Swift Creek. Approximately one-half acre of this site will be affected.
To further aid in the protection of the Underhill Site and Swift Creek,
NCDOT will follow the design standards established in the NC Design
Standards for Sensitive Watersheds.
Avoidance, Minimization, and Mitigation for Endangered Species
Through the use of minimization and mitigation (conservation) tech-
niques, NCDOT has reduced impacts to endangered species to the
greatest extent practicable at the current stage of design.
Management and propagation efforts are underway to help achieve
long term viability of the Dwarf Wedgemussel and Yellow Lance. To
achieve the propagation activities that are proposed for these species,
NCDOT has agreed to provide funding to retrofit and upgrade an existing
research facility in the A.E. Finley Center at the HistoricYates Mill County
Park. This facility is currently owned by Wake County and leased and
operated by North Carolina State University for the purpose of propa-
Complete 540 Record of Decision — June 2018 15
gating aquatic species and conducting research. The purpose of this
new facility, which will be called the Yates Mill Aquatic Conservation
Center (YMACC), will be to promote the long-term survival of -certain
aquatic species in streams throughout North Carolina by producing
juveniles for reintroduction to the wild. NCDOT has committed to provide
funding and has entered into a funding agreement with Wake County
for construction of the YMACC. NCDOT has entered into a separate
funding agreement with North Carolina Wildlife Resources Commission
for operation and maintenance of the North Carolina Non-Game Aquatic
Species Program, with these funds earmarked for NCSU to operate the
YMACC. These agreements are available at www.ncdot.gov/projects/
complete540 and are incorporated as part of this ROD by reference.
7. MONITORING AND ENFORCEMENT PROGRAMS
Coordination will be maintained with environmental resource and regu-
latory agencies during final design, permitting, right-of-way acquisition,
and construction to ensure that the avoidance, minimization, and com-
pensatory mitigation commitments will be implemented.
NCDOT and FHWA will enforce pertinent specifications and contract
provisions in accordance with the Environmental Impact Statement and
the welfare of the public.
8. ACTIVITIES AFTER THE FINAL EIS COMMENT PERIOD
In the time following the comment period for the Final EIS, several activ-
ities related to NEPA compliance occurred, as noted below.
1) All comments received on the Final EIS were evaluated. Responses
and analyses, as appropriate, were prepared for all substantive com-
ments, as documented in the study's Stakeholder Involvement Report
(see Section 9 of this ROD).
2) NCDOT and FHWA completed formal consultation with the US Fish
and Wildlife Service regarding the project's effects on Dwarf Wedge-
mussel andYellow Lance (see USFINS Biological Opinion, April 10, 2018).
3) NCDOT and FHWA completed informal consultation with National
Marine Fisheries Service regarding the project's effects on the Atlantic
Sturgeon (see NMFS concurrence letter to NCDOT. May 21. 2018).
4) NCDOT and FHWA entered into a formal Memorandum of Agreement
(MOA) with the NC Office of State Archaeology relative to data recovery
of materials in a site determined eligible for NRHP. In coordinating this
MOA, NCDOT consulted with the Catawba Indian Nation, which has
endorsed the MOA.
5) NCDOT and FHWA undertook a sensitivity analysis to investigate
whether the recently updated regional travel demand model (from TRM
V5 to TRM V6) would yield substantially different traffic results or would
warrant additional project analyses. The sensitivity analysis reaffirmed
(and strengthened) the conclusions reached for the project. It also indi-
cated that the degree of variation between the two analyses was small
enough that new traffic analyses are not required (see May 2018 TRM
V5 and TRM V6 Sensitivity Analysis Memo).
6) NCDOT and FHWA undertook a sensitivity analysis to investigate
whether indirect and cumulative impacts on water quality (as measured
by areas of impervious surface) would be affected bythe updated dwell-
ing unit and employment forecasts associated with CAMPO's new 2045
Metropolitan Transportation Plan, which was adopted subsequent to
the project's previous indirect and cumulative effects analysis. The sen-
sitivity analysis concluded that the difference between the earlier and
new totals was insufficient to warrant additional investigations, and that
the results and conclusions of the quantitative indirect and cumulative
effects analyses would remain consistent using the updated data (see
May 2018 Connect 2045 Regional Forecasts Memo).
7) In March 2018, FHWA and NCDOT conducted a cost estimate review
workshop to verify the accuracy and reasonableness of the Final EIS
cost estimate and to develop a probability range forthe estimate. During
the workshop, the review team identified adjustments to the base esti-
mate, based on the more advanced stage of the project's design. The
team also removed contingencies from the base estimate and added
known threats and opportunities, in accordance with FHWA guidance.
A"Monte Carlo" simulation model was used to determine the probability
ranges for costs, which is a standard methodology used by FHWA to
arrive at a 70 percent confidence level for costs. Using this procedure,
Complete 540 Record of Decision — June 2018 16
the total cost of the project at the 70 percent confidence level is now
estimated at $2.12 billion, based on the anticipated year of expendi-
tures. The full range of estimated costs is from $1.74 billion to $2.35
billion (see May 2018 FHWA Cost Estimate Review Report).
8) An existing pedestrian pathway was analyzed (at a development called
Woodcreek). This pathway would have been severed by the Selected
Alternative but will now be accommodated through the use a pedestrian
culvert under the Complete 540 roadway.
9) In May 2018, NCDOT prepared a document summarizing the various
traffic analyses conducted during the Complete 540 study. The docu-
ment explains the objectives, methods, and outcomes of each analysis,
and how each was tied to the NEPA process. This document was pre-
pared for general reference purposes (see Summary of Traffic Forecasts
and Analyses Conducted for the Proposed Complete 540 Project, May
2018).
10) The design public hearing for the project was held in late Febru-
ary along with a series of public meetings. Based on the results of
the design public hearing, NCDOT furthered design activities for the
portion of the project between NC 55 Bypass and US 401 (R-2721).
Two design-build construction contracts are anticipated for this portion
of the project. The current design effort includes complete hydraulic
design and sufficient roadway design to produce right-of-way plans and
a permit application. As a part of this effort, meetings have been held
with environmental resource and regulatory review agencies concerning
hydraulic design and permitting. The permit application will be more
detailed for the NC 55 Bypass to US 401 portion of the project (R-2721)
and will be at a corridor level for the remaining portions of the project
(R-2828 and R-2829).
9. COMMENTS ON THE FINAL EIS
The Final EIS was signed on December 21, 2017. The Notice of Availabil-
ity was posted in the Federal Register on December 29, 2017 and the
comment period ended on February 1, 2018.
Chapter 6 of the Final EIS contains a list of the federal, state, and local
agencies that received copies of the document. Comments received
on the Final EIS and NCDOT/FHWA responses to those comments are
contained in the study's Stakeholder Involvement Report, which is incor-
porated as part of this ROD by reference.
10. CONCLUSION
The Final EIS conforms with the applicable provisions of 23 CFR 771
and satisfactorily covers the anticipated environmental impacts includ-
ing human, physical, cultural, and natural effects. All correspondence
received between the Final EIS and the date this ROD was signed have
been reviewed and, based on that review, FHWA finds that no new sub-
stantive issues or impacts have been identified. Therefore, the Final EIS
remains valid.
The environmental record for the Complete 540 project includes the
previously referenced Draft EIS (November 2015) and Final EIS (Decem-
ber 2017). These documents, incorporated reference, constitute the
statements required by the National Environmental Policy Act (NEPA)
and Title 23 of the United States Code (USC).
Having carefully considered the environmental record noted above, the
mitigation measures as required herein, the written and oral comments
offered by other agencies and the public on this record and the written
responses to comments, it is FHWA's decision to adopt the Preferred
Alternative (identified as Detailed StudyAlternative 2 in the Final EIS), as
the proposed action for the project. Specifically, FHWA has determined
that implementation of this Selected Alternative as described in this
ROD is in the best overall public interest. FHWA finds that all practicable
measures to minimize environmental harm were incorporated into the
design of the project and FHWA will ensure that the commitments out-
lined herein will be implemented as part of final design, construction,
and post-construction monitoring.
OG I �D/8 i��-1
Date
T. Parker
Assistant Division Administrator,
Federal Highway Administration
Complete 540 Record of Decision - June 2018 17
PROJECT COMMITMENTS
Complete 540 Triangle Expressway Southeast Extension
Wake and Johnston Counties, North Carolina
STIP Project Nos. R-Z721, R-2828, and R-2829
State Project Nos. 6.401078, 6.401079, and 6.401080
Federal Aid Project Nos. STP-0540(19), STP-0540(20), and STP-0540(21)
WBS Nos. 37673.1.TA2, 35516.1.TA2, and 35517.1.TA1
This "Green Sheet" identifies the project commitments made to avoid, minimize, or mitigate project impacts
beyond those required to comply with applicable federal and state requirements and regulations.
During the National Environmental PolicyAct (NEPA) process, commitments are made to avoid, minimize, or miti-
gate project impacts. Commitments result from public comment or through the requirements of, or agreements with,
environmental resource and regulatory agencies.
In addition to compliance with applicable federal and state requirements and regulations, such as Section 404
Individual Permit Conditions, Nationwide Permit Conditions, Regional Conditions, and State Consistency Conditions;
North Carolina Department of Transportation (NCDOT) Guidelines for Best Management Practices for the Protection
of Surface Waters; General Certification Conditions and Section 401 Conditions of Certification, and the Endangered
Species Act, the following table lists special project commitments that have been agreed to by the NCDOT.
Item Resource Project Commitment Project Applicable STIP
Stage Project*
NCDOT will coordinate with the NC State Historic
Historic Architectural Preservation Office and the property owner(s) relative to
1 Resources potential retaining wall design to eliminate the need for Final Design R-2828
permanent easement or right-of-way from the Panther
Branch School.
NCDOT will conduct an archaeological survey of the R-2721, R-2828,
2 Archaeological Preferred Alternative and will coordinate the results with the Completed and
Resources NC State Historic Preservation Office and the NC Office of R 2829
State Archaeology.
* R-2721: NC 55 Bypass to US 401; R-2828: US 401 to I-40; R-2829: I-40 to US 64/264 Bypass (I-495/I-87)
PROJECT COMMITMENTS (continued)
Archaeological NCDOT will establish a Memorandum of Agreement with the NC
3 Resources State Historic Preservation Office in order to take into account the Completed R-2828
projecYs effect on archaeological resources.
NCDOT will coordinate with the NC Office of State Archaeology rela-
Archaeological tive to data recovery of materials in the one site determined eligible Final
4 Resources for the National Register of Historic Places based on the information Design and R-2828
Construction
contained at the site.
Community NCDOT will coordinate with the Town of Cary relative to a potential
5 Resources & Section 4(f) de minimis use finding for the Middle Creek School Completed R-2721
Section 4(f) Park.
Community NCDOT will coordinate with the City of Raleigh relative to a potential
6 Resources & Section 4(f) de minimis use finding for the Neuse River Trail. Completed R-2829
Section 4(f)
Recreation During construction, NCDOT will accommodate trail users along the Final
7 Facility Neuse River Trail through the project construction zone. Design and R-2829
Construction
NCDOT will prepare Design Noise Reports for the Selected R-2721,
8 Noise Alternative during final design. All feasible and reasonable noise Final Design R-282$'
abatement measures will be constructed. and
R-2829
R-2721,
Stormwater NCDOT will utilize Design Standards in Sensitive Watersheds in the Final R_2828
9 Management Swift Creek and the Lower Middle Creek watersheds. Const�ruction and
R-2829
R-2721,
Migratory NCDOT will comply with requirements set forth in the Migratory Bird Final R-2828,
10 Birds Treaty Act of 1918. Design and and
Construction
R-2829
PROJECT COMMITMENTS (continued)
NCDOT will perform a more detailed hydrologic and hydraulic R-2721,
11 Major Drainage analysis for each major drainage crossing for the Selected Final Design R-2828'
Structures Alternative. and
R-2829
NCDOT will coordinate with the appropriate utility owners during R 2�21'
12 Utilities design of the Selected Alternative for all utility confiicts, including Final Design R-282$'
means to avoid or minimize impacts to utilities. and
R-2829
R-2721,
Indirect Effects NCDOT will prepare a quantitative assessment for indirect and R-2828,
13 & Cumulative Completed
Impacts cumulative effects and impacts for the Selected Alternative. and
R-2829
NCDOT will carry out all activities for which it has been assigned R-2721,
Final
Protected responsibility in the Biological Assessment of Potential Impacts to R-2828,
14 Species Federally Listed Species (December 2017) and the USFWS Bioloai- Design and and
cal Opinion (April 2018). Construction R 2829
NCDOT will carry out all activities for which it has been assigned
Protected responsibility in the Biological Assessment for Atlantic Sturgeon Final
15 Species Critical Habitat (December 2017) and the NMFS concurrence letter Design and R-2829
(May 2018). Construction
Final EIS Errata
This section includes minor corrections and clarifications to the
December 2017 Final Environmental Impact Statement
Complete 540 Record of Decision - June 2018 21
TRAFFIC FORECAST AND ANALYSIS UPDATE
The screening of alternatives and the project-level traffic forecast were
updated in light of a newversion of the Triangle's regional travel demand
model and the new 2040 No-Build land use scenario prepared for the
quantitative ICE analysis. The ability of each of the alternative concepts
to meet the project's primary purposes was subsequently re-exam-
ined. In addition, the effects on traffic conditions in the study area and
� environmental impacts were re-examined, based on the revised traffic
forecast.
Project Purposes and Screening Alternative Concepts — Early in
the study several different concepts were screened using measures of
effectiveness from the regional model to see if they could adequately
meet the two primary purposes of the project: improving mobility and
reducing traffic congestion. The result of that screening was that most
of these alternative concepts were found not to adequately meet the
project purposes. Once the study's quantitative indirect and cumula-
tive effects analysis was completed, this screening process was carried
� out again, as a check to see if #Hese the revised regional model inputs
would alter the previous conclusions. The screening examined the fol-
lowing alternative concepts:
� No-Build (/CE)—y4Fs@ includes all future CAMPO roadway and transit
projects without Complete 540, but, for this concept only, the socio-
economic data from the project's quantitative indirect and cumulative
effects study was used in place of the CAMPO model's official socio-
economic data.
� No-Build—Also includes all future CAMPO roadway and transit projects,
but without Complete 540.
New Location Highway—Includes all CAMPO roadway and transit net-
works with Complete 540 included, as a toll facility.
Hybrid Concepts 1, 2, and 3—These concepts include all future CAMPO
roadway and transit projects, with various portions of the Complete 540
project in place, used in conjunction with upgrades to existing facilities.
Comp/ete 540 Final Environmenta/ Impact Statement - December 2017
Upgrade Existing Roadway Concepts 1, 2, and 3—These concepts
include all future CAMPO roadway and transit projects, along with
improvements to additional existing transportation facilities beyond
those in the long-range transportation plan, but not the Complete 540
project.
Mass Transit—Attempting to meet the project's primary purposes
through the use of bus or rail facilities.
Travel Demand Management(TDM)—Attempting to meet the projecYs
primary purposes by seeking to reduce travel on (demand for) the local
roadway network during peak travel times.
Transportation System Management (TSM)—Attempting to meet
the project's primary purposes by implementing various techniques
intended to increase the efficiency of the existing roadway network
during peak travel times.
Using the new No-Build ICE data as a baseline, the updated screening
showed thatonlythe New Location Highwayconceptwould adequately
meet both of the project's primary purposes.
Preferred Alternative Traffic Analysis — The updated project-level
traffic forecast was also used to assess how well the proposed proj-
ect's interchanges would function, and if there would be any problems
or deficiencies on existing or future major roadways and intersections
caused by the proposed project. The results of this assessment are
presented below.
Roadway segments—The assessment showed that nearly all major
roadway segments in and near the project study area would operate at
acceptable levels of service. This includes all new segments along the
Complete 540 project.
Intersections—The vast majority of the intersections analyzed would
operate at acceptable levels of service. For the few underperforming
intersections, improvements were considered as part of the Preferred
Alternative's preliminary design.
65
Complete 540 Record of Decision - June 2018 22
indirect and cumulative effects. Surveys conducted by NCDOT for the
project revealed that there are no known occurrences of this species in
the action area that extends into Harnett County. Because there will be
no direct or indirect effects in any areas known to support Rough-leaved
Loosestrife, and because there are no records noting any occurrences
within or nearthe action area, the Biological Conclusion for this species
is No Effect.
�
Northern Long-Eared Bat—As described in the Draft EIS, the USFWS has
in place a programmatic Biological Opinion for this species for NCDOT
projects in eastern North Carolina. Under this Biological Opinion, the
Biological Conclusion for this species is MayAffect, Likely to Adversely
Affect. In response, NCDOT has programmatically agreed to conser-
vation measures designed to minimize adverse effects and benefit or
promote the recovery of this species, where applicable. Because the
USFWS has not listed this species as protected in Wake, Johnston, or
Harnett Counties, it does not need to be addressed in the Biological
Assessment .
Tar River Spinymussel—Although the Draft EIS indicated that the Bio-
logical Conclusion for this species was unresolved, the species is not
known to occur and has not been found in the action area for the Pre-
ferred Alternative. Additionally, NCDOT conducted surveys for this
species, and none were found. The Biological Conclusion is No Effect.
Bald Eagle—As stated in the Draft EIS, while the Bald Eagle is no longer
federally listed as endangered, it is still protected by the Bald Eagle and
Golden Eagle Protection Act of 1962. After a review of existing infor-
mation about the presence of this species in the study area, and after
field surveys were conducted along the Preferred Alternative, NCDOT
has concluded the project would be in compliance with the protections
established in this Act and the Bald Eagle would not be affected.
Cape Fear Shiner—This species was not mentioned in the Draft EIS
because it is not known to occur within Wake or Johnston Counties.
The action area established for this species does, however, encompass
additional watershed areas that could potentially be affected by the
project's indirect and cumulative effects, including locations in Harnett
58
County, where historic occurrences of this species have been recorded
and the species is listed bythe USFWA. The project's Biological Assess-
ment concluded that the potential effects of the Preferred Alternative
would be insignificant in the Harnett County portion of the action area
and, for this reason, the Biological Conclusion is MayAffect, Not Likely
to AdverselyAffect.
Dwarf Wedgemussel—At the time the Draft EIS was written, the Biolog-
ical Conclusion for this species was unresolved. Through coordination
with USFWS, NCDOT agreed to complete additional freshwater mussel
studies to help provide information needed to assess the species' via-
bility in the Swift Creek Watershed. These studies noted that while the
relative abundance of freshwater mussel species in the Swift Creek
watershed has been declining, there is evidence that this decline has
leveled off and that the Dwart Wedgemussel may be reproducing in the
watershed. The studies further noted thatwhile rapid urbanization in the
Swift Creek watershed has led to relatively rapid habitat degradation in
the Creek, some areas of Swift Creek continue to provide high quality
mussel habitat. Also, as noted in the discussion of indirect and cumula-
tive effects, there are concerns about concentrations of copper in Swift
Creek at levels that may be harmful to freshwater mussels. At the time
of this writing, the effectiveness of existing conservation measures to
protect mussel viability in the Swift Creek watershed is unclear because
they have not been in place long enough for their effectiveness to be
determined.
The species viability study conducted forthe Complete 540 project con-
cluded thatwhile there is potential for the Dwarf Wedgemussel to persist
in Swift Creek, its long-term viability is tenuous. The Biological Con-
clusion for the Dwarf Wedgemussel is MayAffect, Likely to Adversely
Affect. It is important to note, however, that many of the factors threat-
ening long-term Dwarf Wedgemussel viability in Swift Creekwill remain,
regardless of whether the project is constructed. Ongoing manage-
ment and propagation efforts (as explained in the graphic on the next
page) are proposed to help achieve long term viability of this species.
To achieve the propagation activities that are proposed for the Dwarf
Wedgemussel, NCDOT has agreed to provide funding to retrofit and
Complete 540 Final Environmental Impad Statement - December 2017
Complete 540 Record of Decision - June 2018 23