Full opinion text
MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. The Prairie Band Pottawatomie Nation, Sierra Club, Wetlands Preservation Organization, Jayhawk Audubon Society, Save the Wakarusa Wetlands, Inc., Kansas University Environs and EcoJustice bring suit against the Federal Highway Administration (“FHWA”) and the Kansas Department of Transportation (“KDOT”). Plaintiffs challenge the Record of Decision in which the FHWA selected a particular route—the 32B Alternative — for the South Lawrence Trafficway, a proposed highway project in Lawrence, Kansas. Plaintiffs seek judicial review under the Administrative Procedure Act, 5 U.S.C. §§ 551-59, 701-06 (“APA”), and ask the Court to reverse and remand the FHWA decision based on alleged violations of the National Environmental Policy Act, 42 U.S.C. §§ 4321-47 (“NEPA”), Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. § 303 (“Section 4(f)”) and the National Historic Preservation Act, 16 U.S.C. § 470 (“NHPA”). The Court previously dismissed plaintiffs’ claims under the Clean Water Act, 33 U.S.C. §§ 1251-1387, and the American Indian Religious Freedom Act, 42 U.S.C. § 1996. See Memorandum And Order (Doc. # 32) filed November 18, 2009, 2009 WL 4016106. This matter is before the Court on Plaintiffs’ Amended Opening Brief (Doc. # 48) filed March 23, 2010, which the Court construes as a motion for judicial review, and the Federal Defendant’s Motion To Strike Exhibits With Memorandum In Support Included (Doc. # 53) filed May 28, 2010. For the reasons set forth below, albeit with misgivings, the Court affirms the FHWA Record of Decision. Statutory and Regulatory Framework Federally funded highway projects, such as the South Lawrence Trafficway (“SLT”), must comply with a number of federal environmental protection and historic preservation laws. These include NEPA, the NHPA and Section 4(f) of the Department of Transportation Act. Plaintiffs bring claims under each of these three statutes. The relevant statutory provisions, and their accompanying regulations, frame the Court’s decision. The Court therefore begins by outlining the specific statutory and regulatory framework applicable to the issues plaintiffs raise. National Environmental Policy Act Among other things, Congress enacted NEPA to “encourage productive and enjoyable harmony between man and his environment” and “to promote efforts which will prevent or eliminate damage to the environment.” 42 U.S.C. § 4321. Accordingly, NEPA requires federal agencies to assess potential environmental consequences of proposed federal action. Morris v. U.S. Nuclear Regulatory Comm’n, 598 F.3d 677, 690 (10th Cir.2010). NEPA does not mandate that agencies achieve particular substantive environmental re sults. Marsh v. Ore. Natural Res. Council, 490 U.S. 360, 371, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989). Instead it focuses the attention of the government and the public on the environmental effects of proposed agency action. It does so by imposing “action-forcing” procedural requirements that require agencies to take a “hard look” at the environmental impact of certain agency actions. Morris, 598 F.3d at 690; see also 40 C.F.R. §§ 1500.3, 1502.1. NEPA and its implementing regulations require agencies to produce a detailed environmental impact statement (“EIS”) for all “major Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C)(i); see also 40 C.F.R. Part 1502. An EIS must “[r]igorously explore and objectively evaluate all reasonable alternatives,” including “the alternative of no action,” and must “briefly discuss” alternatives which were eliminated from detailed study. 40 C.F.R. §§ 1502.14(a)-(c). Among other things, it must discuss direct and indirect effects of each alternative; any potential conflict between the alternative and Federal, regional, state and local land use plans; any historic and cultural resources; and means to mitigate adverse environmental impacts. Id. §§ 1502.14, 1502.16. A draft (“DEIS”) or a final (“FEIS”) EIS must be supplemented if “[tjhere are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.” Id. § 1502.10; 23 C.F.R. § 771.130. NEPA regulations also require the FHWA to “determine and analyze expected traffic noise impacts and alternative noise abatement measures to mitigate these impacts.” 23 C.F.R. § 772.9(a). The traffic noise analysis must (1) identify existing activities and lands that may be affected by noise from the highway; (2) predict traffic noise levels; (3) determine existing noise levels; (4) determine traffic noise impacts (ie., impacts that occur when predicted traffic noise levels approach or exceed the noise abatement criteria or substantially exceed the existing noise levels); and (5) examine and evaluate alternative noise abatement measures for reducing or eliminating noise impacts. Id. NEPA regulations set noise abatement criteria (“NAC”) for five types of land and land use activities, each of which is assigned a noise level which, if approached or exceeded, requires the FHWA to consider noise mitigation measures such as constructing noise barriers or acquiring property to create a “buffer zone.” Id. §§ 772.5(g), 772.11(c), 772.13(c); 23 C.F.R. Part 772, Table 1. National Historic Preservation Act Section 106 of the NHPA and its implementing regulations require the head of any federal agency with jurisdiction over a federally funded or licensed project to “take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register [of Historic Places].” 16 U.S.C. § 470f; see also 36 C.F.R. Part 800. Like NEPA, the NHPA imposes purely procedural — not substantive — requirements. Valley Cmty. Pres. Comm’n v. Mineta, 373 F.3d 1078, 1085 (10th Cir.2004). First, the agency must assess whether the project has the potential to affect historic properties. 36 C.F.R. § 800.3. If it does, then the agency must (1) identify appropriate parties to participate in the Section 106 review process, including the State Historic Preservation Officer (“SHPO”), id.) (2) identify historic properties and evaluate their historic significance, id. § 800.4; (3) assess any direct or indirect adverse effects the project would have on the identified historical properties, id. § 800.5; and (4) attempt to resolve the adverse effects by “evaluating] alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties,” id. § 800.6. Adverse effects generally include physical destruction of or damage to historic property as well as visual, atmospheric or audible disturbances that diminish the integrity of significant historic features of the property. Id. § 800.5(a)(2). These adverse effects are typically resolved by memorandum of agreement (“MOA”) between the agency and the SHPO. See id. § 800.6. The MOA would evidence compliance with Section 106 requirements and govern the agency’s implementation of the project, including any avoidance or mitigation measures the agency must take. See id. Section 4(f) of the Department of Transportation Act Unlike NEPA and the NHPA, Section 4(f) of the Department of Transportation Act imposes substantive limits on the discretion of the Secretary of Transportation to approve a federally-funded transportation project that uses “publicly owned land of ... an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site).” 49 U.S.C. § 303(c). Section 4(f) lands include sites identified by NHPA’s Section 106 process. See Valley Cmty. Pres. Comm’n, 373 F.3d at 1085. The Secretary may only approve a project that uses Section 4(f)-protected land if “(1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.” 49 U.S.C. § 303(c); 23 C.F.R. §§ 771.135, 774.3. “A feasible and prudent avoidance alternative avoids using Section 4(f) property and does not cause other severe problems of a magnitude that substantially outweighs the importance of protecting the Section 4(f) property.” 23 C.F.R. § 774.17. If “there is no feasible and prudent avoidance alternative, then the [Federal Highway] Administration may approve, from the remaining alternatives that use Section 4(f) property,” the alternative that “causes the least overall harm in light of the statute’s preservation purpose” and “include[s] all possible planning.” 23 C.F.R. § 774.3(c). Protection of Section 4(f) property is to be given “paramount importance.” Citizens to Pres. Overton Park v. Volpe, 401 U.S. 402, 412-13, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971). Therefore, if the FHWA selects an alternative that uses Section 4(f) property, its selection must be supported by information which demonstrates that “there are unique problems or unusual factors involved in the use of alternatives that avoid these properties or that the cost, social, economic, and environmental impacts, or community disruption resulting from such alternatives reach extraordinary magnitudes.” 23 C.F.R. § 771.135; Overton Park, 401 U.S. at 413, 91 S.Ct. 814. Standard and Scope of Review The Court reviews the FHWA’s Record of Decision as a final agency action under the Administrative Procedure Act (“APA”). 5 U.S.C. §§ 702, 704; see Valley Cmty. Pres. Comm’n, 373 F.3d at 1084-85; Davis, 302 F.3d at 1111. Section 706 of the APA defines the scope of this Court’s review. It provides that the reviewing court shall hold unlawful and set aside agency action, findings and conclusions found to be “arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law,” “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right,” or “without observance of procedure required by law.” 5 U.S.C. §§ 706(2)(A), (C), (D). Although the FHWA is “entitled to a presumption of regularity,” the Court must engage in a “thorough, probing, in-depth review.” Overton Park, 401 U.S. at 415, 91 S.Ct. 814. The ultimate standard of review, however, is a narrow one; the Court may not substitute its judgment for that of the agency. Id. at 416, 91 S.Ct. 814. The focus of the Court’s narrow review is the administrative record already in existence, not some new record made initially before this Court. Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973); see also Olenhouse v. Commodity Credit Corp., 42 F.3d 1560 (10th Cir.1994). Factual and Procedural Background The following facts are taken from the administrative record, which consists of nearly 8,000 pages and is summarized in the parties’ briefs. The FHWA brief, Doc. # 55 at 5-19, contains an excellent summary of the facts leading up to this dispute. The Court incorporates it by reference and assumes that the reader is familiar with its contents. South Lawrence Trafficway History and Purpose A highway bypass around the City of Lawrence, Kansas has been debated since the 1960s. Final Environmental Impact Statement (“FEIS”), Admin. Record (“AR”), Vol. 2 at 551. A western segment was completed in the 1990s, but for a variety of reasons, the eastern segment has remained in limbo. See FEIS, AR, Vol. 2 at 552. The current proposal for the SLT has a long and contentious history. 2025 Roadway System Plan, AR, Vol. 1 at 400; see also Ross v. Fed. Highway Admin., 162 F.3d 1046 (10th Cir.1998). It generally calls for a seven-mile, four-lane divided freeway along the southern edge of the City on an alignment now known as the 32nd Street Alignment B Alternative. Id. at 553. The SLT would connect the existing K-10 Highway/US-59 Highway (Iowa Street) interchange in southwest Lawrence to K-10 Highway on the eastern edge of Lawrence in eastern Douglas County, Kansas. Id. At present, K-10 Highway is routed through Lawrence on heavily congested city streets. See id. at 554-55. This route creates unacceptable and unsafe driving conditions. See id. at 553-55. These conditions are predicted to worsen because the streets cannot handle the traffic volume and have poor point-of-access control. See id. The SLT is therefore necessary “to provide a safe, efficient, environmentally sound and cost-effective transportation facility for users of K-10 Highway and the surrounding state highway system and, to the extent possible, to alleviate congestion on Lawrence city streets.” FEIS, AR, Vol. 2 at 553-54. South Lawrence Trafficway Administrative Process Construction of the proposed SLT would involve dredging and placing fill material in U.S. waters. KDOT was therefore required to obtain a permit from the Corps of Engineers (“Corps”) under Section 404 of the Clean Water Act. See FEIS, AR, Vol. 2 at 525; see also 33 U.S.C. § 1344. Granting the Section 404 permit would constitute a “major” federal action that would significantly affect the quality of the human environment. As a result, NEPA required the Corps to issue an Environmental Impact Statement (“EIS”). See FEIS, AR, Vol. 2 at 525, 553; see also 42 U.S.C. § 4332(2)(C)(i); 40 C.F.R. Part 1502. NEPA also required the Corps to comply with NHPA provisions that require sites eligible for listing on the National Register of Historic Places to be protected, 16 U.S.C. § 470f; 36 C.F.R. Part 800. In 2005, Congress appropriated federal funding for the SLT project. That appropriation required the FHWA to oversee the project for purposes of ensuring compliance with the NHPA and Section 4(f). See AR, Vol. 4 at 3385-87; see also Doc. # 55 at 11. Under Section 4(f), the FHWA may not approve the project unless there is no prudent and feasible alternative and the project includes all possible planning to minimize harm to protected property. See 49 U.S.C. § 303(c); 23 C.F.R. §§ 771.135, 774.3. NEPA Process for the SLT In May of 2001, KDOT provided the Corps of Engineers with written notification that it was evaluating an SLT proposal. FEIS, AR, Vol. 2 at 552. The letter noted that KDOT would need a Section 404 permit for the project and asked that the Corps’ Kansas City District become the lead agency for purposes of ensuring compliance with NEPA and the NHPA and determining whether to grant the KDOT application. Id. at 552-53. In August of 2001, the Corps issued a notice of intent to prepare a Draft EIS (“DEIS”). Id. at 559. The Corps thereafter engaged in a “scoping” process to determine what issues to address in the DEIS and identify significant issues related to the proposed SLT. Id. This included a public “scoping” meeting and a time for public comment. Id. The Corps issued a DEIS in August of 2002, id. at 755, and after a public notice and comment period, issued a Final EIS (“FEIS”) in December of 2002, id. at 519. The Corps identified 27 alternatives. It then narrowed the alternatives to 12, each of which it discussed in detail in its DEIS and FEIS. FEIS, AR, Vol. 2 at 2538. The 12 reasonable alternatives included two “no-build” alternatives: (1) a “no-action” alternative and (2) an enhanced public transit alternative. They also included ten “build” alternatives: (1) an upgrade to the existing K-10 highway link; (2) the 31st Street Alternative; (3) the 32nd Street Alternative; (4) the 35th Street Alternative; (5) the 38th Street Alternative; (6) the 42nd Street Alternative; (7) a far east and south corridor; (8) a far south corridor; (9) an eastern bypass; and (10) a tunnel. See FEIS, AR, Vol. 2 at 567-69. Using a five-step screening process, the Corps developed and evaluated the 12 alternatives. Id. In step one, the Corps developed 13 reasonable alternative alignments from six of the ten alternatives — the no-build alternative and the 31st Street, 32nd Street, 35th Street, 38th Street and 42nd Street corridors. The Corps selected each alternative based on its ability to meet the purpose and need of the project and attract sufficient traffic from the existing K-10 Highway city route, the cost of construction, and maintenance and the associated environmental impacts. Id. at 569. To permit more detailed study, the Corps considered each alignment as a separate alternative. Id. In steps two, three and four, the Corps narrowed the 12 reasonable “build” alternatives to two finalists: the 32nd Street Alignment B Alternative (“32B Alternative” or “32B”) and the 42nd Street A Alternative (“42A Alternative” or “42A”). Id. at 570. In the fifth and final screening, the Corps compared the 32B and 42A alternatives, and selected 32B over 42A. Id. The Corps commissioned URS, a contractor, to complete a traffic noise study, as required by NEPA regulations. See FEIS, AR, Vol. 2 at 893. URS performed the noise study in accordance with federal regulations, and the Corps included it in its FEIS. See id. 662, 890, 892. Using FHWA Traffic Noise Model software, URS measured existing noise levels in the affected area and estimated future noise levels for the no-build, 32B and 42A alternatives. Id. at 893, 895. The traffic noise study did not compare existing noise levels to predicted noise levels, id. at 894, but did include “increase over existing” noise-level data in tables which it attached to the report. Id. at 902-05. URS tentatively concluded that noise barriers would successfully mitigate the noise impacts of the 32B Alternative. Id. at 896. Based on the study data, the Corps concluded that the 42A Alternative would have greater noise impacts on the Haskell Agricultural Farm Property, which is at the center of this litigation, than the 32B Alternative after mitigation. Id. at 536-37, 602. It determined that 42A would draw more cars onto the streets that surround the Haskell Farm (Haskell Avenue, Louisiana Street and 31st Street). See id. The additional traffic would generate increased noise, light, urban debris and visual disturbances, and would ultimately require that one or more of the streets be expanded from two lanes to four. Id. In June of 2003, after the Corps had issued the FEIS, the Prairie Band Pottawatomie Nation (“PBPN”) proposed an additional alternative alignment for the 42nd Street corridor which it called the 42nd Street Alignment C Alternative (“42C Alternative”). The PBPN proposed the 42C Alternative because it thought that 42A required an unnecessarily long eastern bridge across the Wakarusa River. ROD, AR, Vol. 3 at 1846, 2511. It asserted that the 42C Alignment would reduce by $19 million the bridge costs of the 42A Alternative by replacing the one long eastern bridge with three shorter bridges. Id. The PBPN calculated that the 42C Alignment would cost approximately the same as the 32B Alternative. Id. Accordingly, the PBPN asked the Corps to perform a detailed engineering study and cost estimate for the 42C Alignment. Id. Representatives of the Corps met with the PBPN’s attorney in June of 2003 to discuss the PBPN’s proposed alternative. Id. at 1846-47; 2538-40. The Corps later responded in writing to the PBPN’s concerns. Id. The response stated that the Corps had considered a route similar to the proposed 42C Alignment in the scoping — pre-DEIS—phase, but had rejected it early in the process in favor of 42nd Street alignments that were safer, less curved and better suited to meet highway design standards. Id. at 2538-39. In addition, the Corps stated that the 42C Alternative would cost only $5.3 million less — not $19 million less — than the 42A Alternative, and would cost nearly $13 million more than the 32B Alternative. Id. It also noted that cost was only one of many factors which the Corps considered in selecting the 32B Alternative. Id. The FHWA later adopted the Corps’ FEIS and incorporated it into its Final Section 4(f) Evaluation and Record of Decision. FHWA ROD, AR, Vol. 10 at 7737. Upon plaintiffs’ request that the FHWA issue an SEIS, the FHWA reevaluated the Corps’ FEIS and determined that an SEIS was not necessary. Id. at 7441-46. In December of 2003, the Corps issued a Record of Decision (“Corps ROD”) that identified the 32B Alternative as the “selected alternative.” Corps ROD, AR, Vol. 3 at 1794, 1799. The Corps selected 32B over 42A based on six factors: (1) safety, (2) efficiency, (3) land use impact, (4) direct wetland impact, (5) impact on cultural and historic sites and (6) cost. Id. at 1803; FEIS, AR, Vol. 2 at 593-98. After considering the cumulative direct and indirect impacts of each alternative, it concluded that the 32B Alternative was a better alternative than the 42A Alternative on four of the six factors: safety, efficiency, land use impact and cost. FEIS, AR, Vol. 2 at 598. With respect to each of these factors the Corps considered the mitigation measures included in each alternative. FEIS, AR, Vol. 2 at 600-01, 606. It noted that the 32B Alternative included significant mitigation measures to offset the natural, social and cultural impacts of the plan, id., and that 42A required measures to mitigate impacts on the William Meairs Farmstead, which is eligible for listing on the National Register of Historic Places, see FEIS, AR, Vol. 2 at 536. NHPA Process for the SLT Pursuant to Section 106 of the NHPA, the Corps was required to take into account the effects of the SLT on historic properties. To determine whether the SLT would affect Section 106-protected properties, the Corps defined an area of potential effect for the proposed project and hired a consultant, Dr. Paul Brockington, to determine whether any sites potentially affected by the various SLT alignments were protected by the NHPA (i.e., eligible for the National Register of Historic Places). See Brockington Report, FEIS, AR, Vol. 2 at 1122-98. Throughout the process, the Corps consulted individuals, organizations, agencies and tribes with interests in the area. FEIS, AR, Vol. 2 at 658. The Corps then consulted both the Kansas State Historic Preservation Office (“SHPO”) and the Keeper of the National Register of Historic Places (“Keeper”) to reach a final determination. Determination of Eligibility Notification, FEIS, AR, Vol. 2 at 1119. In its review, the Corps identified four historic properties within the SLT Area of Potential Effect: (1) Haskell Institute Historic District, (2) Haskell Institute National Historic Landmark, (3) H. Eggert Family Property, and (4) William Meairs Farmstead. FEIS, AR, Vol. 2 at 659. The Haskell Institute Historic District (“HIHD” or “District”), which is the site of the former Haskell Institute, is at the center of this litigation. It consists of the southern half of the present-day Haskell Indian Nations University (“HINU”) campus, twelve discontiguous structures on the northern half of the HINU campus that constitute a National Historic Landmark, and all of the Baker Wetlands. FEIS, AR, Vol. 2 at 659. In its EIS, the Corps concluded that the HIHD was eligible for listing as a Historic District on the National Register. Id. At least in part, it reached this conclusion because it misinterpreted the Keeper’s determination of whether the District was National Register-eligible. See id. At 659-60. After the Corps issued its FEIS the Keeper clarified its position and the Corps’ ROD corrected its National Register eligibility determination. ROD, AR, Vol. 3 at 1813. Consistent with the Keeper’s finding, the Corps’ ROD concluded that the HIHD as a whole was not National Register-eligible, but that portions of it were individually eligible: the Haskell Agricultural Farm Property (“Haskell Farm” or “HAFP”), which includes the Upper Fields portion of the HINU campus (located north of 31st Street), the Baker Wetlands (south of 31st Street), and the 12 structures comprising a discontiguous National Historic Landmark on the northern half of the HINU campus. ROD, AR, Vol. 2 at 1813, 1119-20. The Corps concluded that the 42A Alternative would have no direct negative effect on the historic properties, but that it would have substantial negative indirect effects on the Haskell Farm. ROD, AR, Vol. 3 at 1804-06. It also concluded that the 32B Alternative would affect the Haskell Farm and the Baker Wetlands just south of the HINU southern boundary between Louisiana Street and Haskell Avenue and roughly 700 feet south of present-day 31st Street. FEIS, AR, Vol. 2 at 578; ROD, AR, Vol. 3 at 2760. The effects would include physical, audible and visual impacts on various historic structures including dikes, canals, roads, bridges and water control gates. Id. The Corps recommended a variety of mitigation measures to minimize the negative effects of the 32B Alternative, and the Corps, the SHPO, KDOT, Baker University, Douglas County and the Advisory Council on Historic Preservation memorialized these mitigation measures in a Memorandum of Agreement. Corps ROD, AR, Vol. 3 at 2930-35. Notwithstanding the direct impacts of the 32 Alternative on Section 106 property, the Corps selected 32B over 42A because of the cumulative indirect impacts associated with 42A as well as the extensive 32B mitigation plan. Id. at 1807-09. Department of Transportation Act Section 4(D Process In 2005, Congress appropriated federal funds for the SLT project, which required the FHWA to oversee the project and ensure that it complied with federal law. See AR Vol. 3 at 3368. Pursuant to Section 4(f) of the Department of Transportation Act, 49 U.S.C. § 303, the FHWA published in the Federal Register a Notice of Intent to adopt the Corps’ FEIS, to prepare a draft and final Section 4(f) evaluation for the project and to issue a Record of Decision (“FHWA ROD”). Id. at 386-87. The FHWA identified two Section 4(f)-protected properties within the SLT impact area: the Haskell Agricultural Farm Property and the William Meairs Farmstead. Draft Section iff) Evaluation, AR, Vol. 7 at 5239; Final Section 1(f) Evaluation, AR, Vol. 10 at 6842. The Haskell Farm consists of the upper fields on the current Haskell Indian Nation University campus (north of 31st Street) and the Wakarusa River flood plain area south of 31st Street known as the Baker Wetlands. Final Section b(f) Evaluation, AR, Vol. 10 at 6842. The William Meairs Farmstead is located immediately adjacent to the 42A Alternative on the west side of E 1400 Road and is eligible for listing on the National Register of Historic Places because of its architecture, condition and association with the agriculture of Douglas County, Kansas. Id. at 6852. The FHWA adopted the Corps of Engineers’ screening process and focused its analysis on three finalist alternatives: 32B and two avoidance alternatives, no-action and 42A. Final Section 4(f) Evaluation, AR, Vol. 10 at 6855-58. The FHWA evaluated the 32B and 42A alternatives based on three general criteria: (1) direct impacts to Section 4(f) properties, (2) cumulative and indirect impacts to Section 4(f) properties and (3) other environmental impacts. Id. at 6863-69. It also considered the mitigation measures associated with the 32B and 42A Alternatives. Id. at 6870-78. No-Action Alternative The FHWA concluded that the no-action alternative would have no direct impact on Section 4(f)-protected properties. Id. at 6866. Leaving the K-10 highway connection to Lawrence city streets would worsen traffic conditions on K-10 Highway and continue to degrade the human environment by increasing traffic congestion, high accident rates, noise and other issues. Id. The FHWA therefore eliminated the no-action alternative, which included a comprehensive regional public transit system, because it did not meet the purpose and need for the project. Id. 32B Alternative The FHWA concluded that the 32B Alternative would have a direct adverse impact on the Haskell Farm because it would cross farm property in the general vicinity of various historic structures, including dikes, canals, roads, bridges and water control gates, and would disrupt the farm’s open landscape, id. at 6863, and fill material from the construction would be placed on roughly 48 acres of farm fields (now wetlands). The FHWA also concluded that the 32B Alternative would have minor cumulative and indirect impacts to the Haskell Farm by diminishing historic open views, though these views are already diminished by second growth trees on the southern half of the HINU campus and a line of trees along the east-west dike at the northern edge of the Baker Wetlands. Id. at 6863. It determined that the 32B Alternative would have additional environmental impacts because four residences and four business would have to be relocated; 11 farms would have to be severed; 53 acres of wetlands would be destroyed; six streams would be crossed; 1.2 acres of riparian woodlands and 9.6 acres of upland woods would be affected; and minimal visual impact would occur. With mitigation, the noise impacts of the 32B Alternative would be less than the noise impacts of the no-action and 42A alternatives. Id. at 6865. The FHWA also found that 32B is consistent with future land use plans for the area. Id. The 32B mitigation plan, which the FHWA considered in its analysis, would include turning roughly 304 acres of farmland adjacent to the Baker Wetlands into wetlands (to replace 58 acres destroyed by the project); relocating Haskell Avenue roughly 1,000 feet east of its present location and relocating Louisiana Street roughly 2,500 feet west of its present location; creating a 10,000 square-foot Wetland and Cultural Educational Center; creating hiking and biking trails as well as camp sites and parking; and placing 12-foot-high noise walls on both sides of the 32B roadway. Id. at 6876-78. The Corps, the SHPO, KDOT, Baker University, Douglas County, and the Advisory Council on Historic Preservation and the FHWA memorialized these measures in a Memorandum of Agreement. Id. at 6878. ]$A Alternative The FHWA concluded that the 42A Alternative would have no direct adverse impact on the Haskell Farm and would have no direct adverse impact on the William Meairs Farmstead Property after vegetative screening mitigation. Id. at 6866-67. Therefore, the FHWA considered 42A an avoidance alternative. Id. at 6867. It did, however, find that the 42A Alternative would have greater long-term cumulative adverse impacts to the Haskell Farm than the 32B Alternative as a result of increased traffic along roads adjacent to the Farm (Louisiana Street, Haskell Avenue and 31st Street), reasonably foreseeable development immediately adjacent to the Haskell Farm and uncertain future financial stability of a portion of the Baker Wetlands if the 32B Alternative were not selected. Id. In addition, the 42A Alternative would cause three residential and one business relocation, twelve farm severances, a 1.7-mile-long footprint in the Wakarusa River floodplain, two Wakarusa River crossings, impacts on 5.2 acres of riparian woodland, roughly three acres of wetland impacts outside the Baker Wetlands, eight river crossings and significant noise impacts. Id. at 6867-69. Though 31st Street would remain (with its associated visual impact), and the 42A bridge would be visible from the Baker Wetlands, the 42A Alternative would have no visual impact on the HINU campus. Id. at 6869. It would have a significant visual impact on the rural landscape south of the Wakarusa River. Id. The FHWA considered certain mitigation elements with respect to the 42A Alternative. These included a vegetative screen in front of the William Meairs Farmstead property and creating 80 acres of new wetlands to offset the destruction of 4.45 acres of wetlands. Id. at 6866, 6869. FHWA’s 32B and k.2A Comparison The FHWA selected the 32B Alternative over the 42A Alternative based on seven considerations: (1) 32B would better meet the purpose and need of the project, (2) 42A would cost more than 32B, (3) 42A would have greater impact on the Wakarusa floodplain and floodway, (4) 42A would accelerate planned and unplanned development south of the Wakarusa River, (5) 42A would have greater secondary and cumulative impact than 32B, (6) 42A would have greater environmental impact than 32B, and (7) 32B would provide a net benefit to the Section 4(f) properties through its mitigation package. Id. at 6891-99. Purpose and Need The purpose and need of the SLT project is to provide a safe, efficient, environmentally sound and cost-effective transportation facility for K-10 Highway users, and, to the extent possible, to alleviate congestion on Lawrence streets. The FHWA concluded that the 32B Alternative meets this purpose and need better than the 42A Alternative because it diverts more traffic from Lawrence city streets, improves safety on those streets and is nearly one mile shorter than 42A. The 32B Alternative would divert as many as 3,634 more cars per day from city streets and result in 12 fewer accidents per year by 2025. Id. Costs The FHWA estimated that the 42A Alternative would cost roughly $19 million more than the 32B Alternative due to higher roadway and bridge construction costs. Id. at 6892. This estimate includes mitigation costs of $22.1 million, road construction, bridge construction, utility relocation, preliminary engineering, construction engineering and right of way and displacement costs. Id. Although the 32B Alternative has higher mitigation and road construction costs, bridge construction for the 42A Alternative would cost nearly $50 million more than for 32B. Id. It is unclear how the FHWA determined the $22.1 million cost for the 32B mitigation plan. Its individual mitigation cost tables show that 32B mitigation would cost roughly $200,000 more than its general estimate, and these tables do not account for costs associated with acquiring and converting the 317 acres of new wetlands, moving 31st Street, building the 10,000 square foot Wetland Center, constructing hiking and biking trails, and creating parking and camping areas. See Doc. # 48 at 20, 21 n. 80, 55-56; FHWA ROD, AR, Vol. 11 at 8023, 8027-35. Wakarusa Floodplain and Floodway Impacts Both the 32B and the 42A alternative affect the Wakarusa floodplain, but the FHWA found that 32B would impact the floodplain less. Id. The 32B Alternative would be located on the northern edge of the floodplain with two miles of the roadway located in the floodplain; the 42A Alternative would pass through more than two miles of floodplain and cross the Wakarusa River in three places. Id. The FHWA relied on the Corps of Engineers’ conclusion that the 42 Alternative would “have a significantly greater impact on the river and its riparian corridor,” id., and disagreed with Department of Interior Comments that the 42A Alternative would have “less impacts to wetlands, less floodplain impacts, and less total stream involvement (greater number of crossings but fewer total linear feet of involvement),” Draft Section 4(f) Evaluation, AR, Vol. 9 at 6544. Development South of Wakarusa River The FHWA determined that the 42A Alternative would accelerate planned and unplanned development south of the Wakarusa River, including increased demand for street, sewer, water and other public utility infrastructure, and a new “commercial node” that would attract “a more mixed and dense urban population” than currently planned for that area. Final Section 4(f) Evaluation, AR, Vol. 10 at 6893, 6895. It also determined that the 32B Alternative is more consistent with the city’s plans for long-term growth (Horizon 2020) and transportation (Transportation 2025). Id. at 6895. The FHWA projected that accelerated growth south of the Wakarusa River would increase traffic and attract more dense urban development around the Haskell Farm than presently exists or would exist under the 32B Alternative. Id. at 6895. The 32B Alternative, because of its location north of the Wakarusa River, would not create this pressure to develop currently undeveloped land south of the Wakarusa River. Id. at 6892-93. Secondary Cumulative Impacts The FHWA concluded that although the 42A Alternative would have no direct impact on the Haskell Farm, it would cause greater long-term secondary and cumulative adverse effects than the 32B Alternative. Specifically, the 42A Alternative would lead to a greater increase in traffic on the streets surrounding the Haskell Farm. See id. at 6895-96. The FHWA determined that by 2025, 700 additional vehicles per day would travel on the roads surrounding the Haskell Farm. See Table 6, Final Section 4(f) Evaluation, AR, Vol. 10 at 6896. In addition, even though the land adjacent to the Baker Wetlands is located in a 100-year floodplain, it could be developed under 42A. Final Section 1(f) Evaluation, AR, Vol. 10 at 6896. According to the FHWA, this development would diminish or eliminate the rural character of the land surrounding the Haskell Farm and bring with it increased traffic, noise, light, urban debris and visual disturbances. Id. The FHWA also concluded that in 2025, taking into consideration the 32B mitigation plan, noise levels under the 32B Alternative would be less than under the 42A Alternative (though the noise walls may create a visual disturbance until the vegetative screen grows to a height sufficient to block the view of the walls). Id. at 6896-97. Adverse Environmental Impacts The FHWA’s Final Section 4(f) Evaluation stated that the 42A Alternative would impact 5.2 acres of riparian woodlands and 18.2 acres of upland woods, whereas the 32B Alternative would impact 1.2 acres of riparian woodlands and 9.6 acres of upland woods. Id. In addition, it found that the 42A Alternative would be situated along the area where the Oregon and California National Historic Trail was located, along with Blanton’s Crossing. Id. The National Park Service has identified Blanton’s Crossing as a “High Potential Site” for its importance as a trail resource and its role in western migration and “Bleeding Kansas.” Id. The 32B Alternative, the FHWA found, would avoid the William Meairs Farmstead and the area south of the Wakarusa River. Id. Net Benefit to Section í(f) Property The FHWA determined that the mitigation measures associated with the 32B Alternative would provide a net benefit to the Haskell Farm that the 42A Alternative would not provide. Id. at 6898. Based on this analysis, the FHWA’s Final Section 4(f) Evaluation concluded that when all factors are taken together, rather than individually, the 42A Alternative would create adverse impacts that present unique problems, and that it therefore is not a feasible and prudent alternative to 32B. Id. at 6899. The FHWA further concluded that its analysis included all possible planning to minimize harm to the Haskell Farm. Id. In its ROD issued May 2, 2008, based on the Corps’ FEIS, the FHWA’s Section 4(f) Evaluation and careful consideration of all social, economic and environmental factors, as well as public input, the FHWA adopted 32B as the selected alternative for the SLT project. FHWA ROD, AR, Vol. 10 at 7758. Plaintiffs’ Claims Plaintiffs advance several challenges to the FHWA’s ROD: (1) the FHWA violated NEPA by eliminating an early version of the 42C Alternative during the scoping process, without explanation, by refusing to issue an SEIS that considered the 42C Alternative and by improperly conducting the NEPA noise study; (2) the FHWA’s Final Section 4(f) Evaluation improperly concluded that the 42A Alternative was imprudent based on arbitrary and capricious factual findings with respect to purpose and need (traffic and safety), cost, Wakarusa floodplain and floodway impacts, development south of the Wakarusa River, secondary and cumulative impacts on Haskell Farm, environmental impacts and 32B’s net benefit; (3) the FHWA arbitrarily and capriciously did not consider the 42C Alternative; and (4) the FHWA’s decision to select the 32B Alternative was procedurally flawed because it relied on a legally deficient noise study. For the reasons stated below, the Court affirms the FHWA’s ROD. Analysis I. NEPA Claim Plaintiffs assert that the FHWA violated NEPA by eliminating an early version of the 42C Alternative during the scoping process, without explanation, by refusing to prepare an SEIS that included the 42C Alternative and by failing to measure existing noise levels and traffic noise impacts in its noise study. Doc. # 48 at 56-60; Doc. # 62 at 7-9, 17. NEPA requires that federal agencies assess potential environmental consequences of proposed federal action by imposing various “action-forcing” procedural requirements, including the preparation of draft, final and, in some cases, supplemental environmental impact statements. 42 U.S.C. §§ 4321, 4332(2)(C); 40 C.F.R. §§ 1500.3, 1502.1. NEPA does not “mandat[e] that agencies achieve particular substantive environmental results,” Marsh v. Or. Natural Res. Council, 490 U.S. 360, 371, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989), but simply imposes procedural requirements that force agencies to take a “hard look” at the environmental impact of certain agency actions, Morris v. U.S. Nuclear Regulatory Comm’n, 598 F.3d 677, 690 (10th Cir.2010). See also 40 C.F.R. §§ 1500.3, 1502.1. Accordingly, an agency must prepare a detailed EIS for all “major Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C)(i); see also 40 C.F.R. Part 1502. The EIS must “[rjigorously explore and objectively evaluate all reasonable alternatives,” including “the alternative of no action,” and must “briefly discuss” alternatives that were eliminated from detailed study. 40 C.F.R. § 1502.14(a)-(c). Moreover, an FEIS must be supplemented if “[tjhere are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.” Id. § 1502.10; 23 C.F.R. § 771.130. In addition, NEPA regulations require that the FHWA “determine and analyze expected traffic noise impacts and alternative noise abatement measures to mitigate these impacts.” 23 C.F.R. § 772.9(a). The traffic noise analysis must (1) identify existing activities and lands that may be affected by noise from the highway; (2) predict traffic noise levels; (3) determine existing noise levels; (4) determine traffic noise impacts defined as impacts that occur when predicted traffic noise levels approach or exceed the noise abatement criteria or substantially exceed the existing noise levels; (5) examine and evaluate alternative noise abatement measures for reducing or eliminating noise impacts. Id. § 772.9(b). NEPA regulations also set noise abatement criteria (“NAC”) for five types of land and land use activities. 23 C.F.R. Part 772, Table 1. Each land use or activity is assigned a noise level, which if approached or exceeded, requires the FHWA to consider noise mitigation measures such as constructing noise barriers or acquiring property to create a “buffer zone.” 23 C.F.R. § § 772.5, 772.9, 772.13. Because NEPA does not provide an independent cause of action, the Court reviews the FEIS as a final agency action under the APA and will set it aside only if it is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law. 5 U.S.C. §§ 702, 704, 706; Valley Cmty. Pres. Comm’n v. Mineta, 373 F.3d 1078, 1085 (10th Cir.2004); Davis v. Mineta, 302 F.3d 1104, 1111 (10th Cir.2002); All Indian Pueblo Council v. United States, 975 F.2d 1437, 1443 (10th Cir.1992). A. Elimination of Conceptual 42nd Street Alignment Plaintiffs assert that the FHWA violated 40 C.F.R. § 1502.14(a), a Council on Environmental Quality (“CEQ”) regulation, which requires an agency to briefly discuss its reasons for eliminating an alternative from detailed study in an EIS. Doc. #48 at 56. Plaintiffs specifically allege that the FHWA violated the regulation by adopting the Corps’ FEIS, which did not explain why the Corps eliminated a conceptual 42nd Street alignment that was similar to plaintiffs’ proposed 42C Alternative. Id. The Corps admitted that it considered a conceptual 42nd Street alignment similar to plaintiffs’ 42C Alternative, Corps ROD, AR, Vol. 3 at 2541, and that it did not discuss the alignment in its FEIS, Doc. # 55 at 23. The Corps stated, however, that it rejected the alignment early in the process because other 42nd Street alignments provided less curvature and were safer, more desirable alternatives. Id. Essentially, the FHWA argues that the conceptual 42nd Street alignment was not a reasonable alternative, and therefore had no duty to discuss it in the EIS before eliminating it. See Doc. # 55 at 23. The “heart of the environmental impact statement” is an agency’s consideration, rigorous exploration and objective evaluation of “all reasonable alternatives.” 40 C.F.R. § 1502.14(a). This requires the agency to “briefly discuss” its reasons for eliminating alternatives from detailed study. Id. NEPA does not, however, “require agencies to analyze the environmental consequences of alternatives it has in good faith rejected as too remote, speculative, or ... impractical or ineffective.” Custer Cnty. Action Ass’n v. Garvey, 256 F.3d 1024, 1040 (10th Cir.2001) (quoting Colo. Envtl. Coal. v. Dombeck, 185 F.3d 1162, 1174 (10th Cir.1999)) (internal quotation marks and citations omitted). The Court applies a “rule of reason” to determine whether claimed deficiencies in an FEIS are significant enough to undermine NEPA’s purpose of informed decision making. See Fuel Safe Wash. v. Fed. Energy Regulatory Comm’n, 389 F.3d 1313, 1323 (10th Cir.2004); Ass’ns Working for Aurora’s Residential Env’t v. Colo. Dep’t of Transp., 153 F.3d 1122, 1130 (10th Cir. 1998). In other words, if the FHWA reasonably and in good faith concluded that the conceptual 42nd Street alignment was too impractical or ineffective with respect to the project’s purpose and need, it did not violate NEPA by eliminating the alignment without explanation. The Court may not substitute its judgment for that of the agency, but may only determine whether the agency has followed the necessary procedures. Ass’ns Working for Aurora’s Residential Env’t, 153 F.3d at 1130. The Corps considered the conceptual 42nd Street alignment, and 26 others, during its initial review phase. FEIS, AR, Vol. 2 at 2538. During the scoping process, the Corps whittled down the number of alternative alignments from 27 to 12. Id. The Corps’ DEIS and FEIS subjected the 12 alignments to additional scrutiny. Id. The Corps initially evaluated the 27 alignments based on KDOT’s requirements for a 75-mile-per-hour design speed, impacts to existing roads, safety concerns, route efficiency, construction and maintenance costs, home displacements, floodway and floodplain impacts, wetland impacts, impacts to properties listed and eligible for listing on the National Register of Historic Places, and other considerations. Id. In light of these criteria, the Corps eliminated the conceptual 42nd Street alignment because it determined that other 42nd Street alignments, specifically 42A and 42B were safer, shorter and more desirable. See id. at 2539; Doc. # 55 at 42. In other words, the Corps reasonably eliminated the conceptual alignment because it was impractical or ineffective in light of the project’s purpose and need “to provide a safe, efficient, environmentally sound and cost-effective transportation facility for users of K-10 Highway and the surrounding state highway system and, to the extent possible, to alleviate congestion on Lawrence city streets.” FEIS, AR, Vol. 2 at 553-54. Therefore, the conceptual 42nd Street alignment was not a “reasonable alternative” the EIS was required to “briefly discuss” before eliminating it. See 40 C.F.R. § 1502.14; Custer Cnty. Action Ass’n, 256 F.3d at 1040. Moreover, the Corps’ DEIS and FEIS satisfy NEPA’s purpose of “sharply defining the issues” so that the agency can take a “hard look” at the environmental impacts of the project and make a reasoned decision between the various reasonable alternatives. See 40 C.F.R. §§ 1500.1, 1502.14; Custer Cnty. Action Ass’n, 256 F.3d at 1039. For these reasons the Court concludes that the Corps’ FEIS, which the FHWA adopted in its Final Section 4(f) Evaluation and Record of Decision, complied with 40 C.F.R. § 1502.14(a) and was not arbitrary, capricious or an abuse of discretion. B. Supplemental Environmental Impact Statement Plaintiffs assert that the FHWA abused its discretion under NEPA by refusing to prepare an SEIS that included the PBPN’s proposed 42C Alternative because the substantially lower costs associated with 42C constituted “significant new circumstances or information relevant to environmental concerns and bearing upon the proposed action or its impacts” under 40 C.F.R. § 1502.9(c)(1)(n). Doc. # 48 at 56-57; Doc. # 62 at 17. Defendants assert that the FHWA’s decision not to supplement the Corps’ FEIS to address the PBPN’s proposed 42C Alternative was the result of a thorough evaluation of the 42C Alternative and therefore was not arbitrary or capricious. Doc. # 55 at 26-29. An agency is required to prepare an SEIS if “[t]here are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.” 23 C.F.R. § 771.130(a)(2); 40 C.F.R. § 1502.9(c)(1)(h). An SEIS is not required “every time new information comes to light.” Marsh, 490 U.S. at 373, 109 S.Ct. 1851. The Court reviews the FHWA’s decision under the arbitrary and capricious standard. Marsh, 490 U.S. at 377, 109 S.Ct. 1851; Friends of Marolt Park v. U.S. Dep’t of Transp., 382 F.3d 1088, 1096 (10th Cir.2004). The Court must uphold the FHWA’s decision not to prepare an SEIS so long as the record demonstrates that the FHWA reviewed the PBPN’s proffered supplemental information, evaluated the significance — or lack of significance— of the new information and provided an explanation for its decision not to supplement the existing analysis. Colo. Envtl. Coal., 185 F.3d at 1178. The record clearly demonstrates that the Corps, KDOT and the FHWA reviewed the PBPN’s proposed 42C Alternative, evaluated its significance and gave the PBPN an explanation of their decision not to supplement the FEIS analysis. Corps ROD, AR, Vol. 3 at 2538-46; FHWA ROD, AR, Vol. 10 at 7441-46. Plaintiffs assert that the 42C Alternative, which the PBPN proposed after the Corps issued its FEIS, constitutes “new circumstances or information” which required an SEIS because 42C would be $10 to $20 million cheaper than the 42A Alignment. Doc. # 48 at 58; FEIS, AR, Vol. 3 at 2530. The 42C Alternative, however, was not entirely new. The Corps considered a similar alignment alternative in the scoping stage of the EIS process and properly eliminated the alignment for safety and other reasons. Id. at 2539. This fact alone is sufficient to reject plaintiffs’ challenge. See New Mexico ex rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683, 705 (10th Cir.2009) (when relevant environmental impacts already considered in NEPA process, no supplement required); Friends of Marolt Park, 382 F.3d at 1096-97. Notwithstanding this earlier decision, however, the Corps and KDOT reviewed plaintiffs’ proposed alignment and determined that the 42C Alternative, after adjusting the route to avoid public park and school land, and applying the same unit costs and design criteria as applied to the other alternatives, would cost only $5.3 million less than 42A—not $10 to 20 million — and would still be nearly $13 million more than 32B. Id. at 2543. In addition, the record contains no evidence, and plaintiffs do not assert, that 42C would address the adverse environmental consequences associated with 42A. This fact too is sufficient to reject plaintiffs’ challenge. See New Mexico ex rel. Richardson, 565 F.3d at 705 (supplement unnecessary when new alternative “qualitatively within the spectrum of alternatives that were discussed in the draft” and is only minor variation from those alternatives); Forty Most Asked Questions Concerning CEQ’s National Environmental Policy Act Regulations, 46 Fed. Reg. 18026, 18035 (Mar. 17, 1981). Here, the record satisfied the purpose of NEPA, and the SEIS action-forcing requirement in particular, to ensure that the Corps and the FHWA took a “hard look” at the environmental consequences of its actions. Early in the EIS process, the Corps analyzed and properly eliminated a route similar to the 42C Alternative. Corps ROD, AR, Vol. 3 at 2538-46. The Corps later reviewed plaintiffs’ proposed 42C Alternative, id., and based on that review declined to issue an SEIS, see id. at 2540. The FHWA also reviewed the Corps’ entire FEIS and, based on this review, declined to issue an SEIS. FHWA ROD, AR, Vol. 10 at 7441-46. The Corps and the FHWA both explained their reasons for declining to issue an SEIS. See id. at 2538-2546; FHWA ROD, AR, Vol. 10 at 7441-46. On this record, the FHWA’s decision to not issue an SEIS was not arbitrary or capricious. C. Noise Study Plaintiffs assert that the FHWA violated NEPA noise study regulations by not measuring existing noise levels and determining the impact of traffic noise increases (i.e., not comparing predieted noise levels to existing levels). Doc. # 48 at 42-43; Doc. # 62 at 5-9. NEPA regulations require that the FHWA “determine and analyze expected traffic noise impacts and alternative noise abatement measures to mitigate these impacts.” 23 C.F.R. § 772.9(a). Among other things, the FHWA traffic noise analysis must include a “[d]etermination of existing noise levels,” 23 C.F.R. § 772.9(b)(3), and a “[determination of traffic noise impacts” for each alternative under detailed study, 23 C.F.R. § 772.9(b)(4). Traffic noise impacts occur when predicted traffic noise levels approach or exceed the noise abatement criteria (“NAC”) or when they substantially exceed existing noise levels. 23 C.F.R. § 772.11(g). The purpose of the noise study regulation is to force agencies to determine whether an alternative under study requires noise abatement measures (e.g., construction of noise barriers or acquisition of property to create a buffer zone). 23 C.F.R. §§ 772.11(c), 772.13(c). Plaintiffs base their argument primarily on a statement in the Revised Preliminary South Lawrence Trafficway Traffic Noise Analysis Summary that reads as follows: Due to the conceptual nature of this project, the predicted noise levels were not compared to the existing noise levels. However, when an alignment is selected these noise levels will be compared and any additional impacts will be identified. FEIS, AR, Vol. 2 at 894; Doc. # 48 at 42-43. The FHWA asserts that, notwithstanding this statement, the study included existing noise levels and that it properly analyzed those measurements to conclude that the 42A Alternative would have greater noise impacts on the Haskell Farm than the 32B Alternative. The document on which plaintiffs rely is a traffic noise analysis prepared by URS, a Corps of Engineers contractor. See FEIS, AR, Vol. 2 at 890. Contrary to plaintiffs’ assertion, the noise study contains existing noise level measurements. FEIS, AR, Vol. 2 at 894, 904-05; Final Section 1(f) Evaluation, AR, Vol. 10 at 6864. The question, then, is whether the Corps in its FEIS or the FHWA in its Section 4(f) Evaluation satisfied NEPA requirements by comparing the noise increase impacts of the 32B and 42A alternatives, even though the initial report did not. The FHWA’s Final Section 4(f) Evaluation stated that under the NAC, acceptable noise levels for the 32B project area range from 67 dBA (Category B) to 72 dBA (Category C) and that existing noise levels ranged from 51.1 dBA to 64.1 dBA. Final Section 4(f) Evaluation, AR, Vol. 10 at 6864. The FHWA concluded that without noise walls the 32B Alternative would have “a significant impact on adjacent noise-sensitive areas (HINU south campus, Baker Wetlands),” Final Section 4(f) Evaluation, AR, Vol. 10 at 6888, and that the 42A Alternative would have no direct noise impact, see id. at 6867. With the proposed mitigation plan, however, the FHWA concluded that due to increased traffic around the Haskell Farm, the indirect audible disturbances on Section 4(f)-protected property would exceed the direct 32B noise impacts. Final Section 4(f) Evaluation, AR, Vol. 10 at 6865. The FHWA also concluded that 42A would have noise impacts on certain sensitive receivers (residences) within the undeveloped area south of the Wakarusa River, which would require noise abatement. Final Section 4(f) Evaluation, AR, Vol. 10 at 6888. At oral argument the FHWA asserted that it had complied with the noise study regulation because its Section 4(f) evaluation considered the “increase over existing” data contained in the URS charts. The administrative record, however, contains no evidence of this. Rather, the record indicates that the FHWA reached general conclusions regarding traffic noise impacts and focused on comparing estimated future noise levels associated with the 32B and 42A alternatives. Based on this comparison the FHWA concluded that after mitigation the 32B Alternative produced fewer audible disturbances than the 42A Alternative. See Final Section 4(f) Evaluation, AR, Vol. 10 at 6864-69, 6887-89. By not comparing existing noise levels with the NAC or with predicted future noise levels for each alternative, the FHWA did not comply with the noise study requirements contained in 23 C.F.R. Part 772. Its decision to select the 32B Alternative should therefore be reversed and remanded if reliance on the defective noise study constitutes prejudicial error. Judicial review under the APA requires the Court to take “due account ... of the rule of prejudicial error.” 5 U.S.C. § 706. In other words, FHWA errors require reversal only if plaintiffs can show prejudice from the errors. New Mexico ex rel. Richardson, 565 F.3d at 708 (citing Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir.1993)). The Court applies a “rule of reason” to determine whether the FHWA’s failure to determine traffic noise impacts for the 32B and 42A alternatives is merely a “flyspeck” or whether it is significant enough to defeat the goals of informed decision-making and informed public comment. New Mexico ex rel. Richardson, 565 F.3d at 704. NEPA’s action-forcing procedural requirements were not intended “to generate paperwork — even excellent paperwork — but to foster excellent action” by ensuring that “officials make decisions that are based on understanding of environmental consequences,” enabling them to “take actions that protect, restore, and enhance the environment.” 40 C.F.R. § 1500.1(c); see also Dep’t of Transp. v. Pub. Citizen, 541 U.S. 752, 768-69, 124 S.Ct. 2204, 159 L.Ed.2d 60 (2004). The noise study regulations, in particular, were intended to “provide procedures for noise studies and noise abatement measures to help protect the public health and welfare” and to “supply noise abatement criteria.” 23 C.F.R. § 772.1. Here, plaintiffs can show prejudice only if the FHWA would have rejected the 32B Alternative but for this error. The procedural error which plaintiffs cite does not rise to this level. NEPA’s central purpose is to ensure that informed decisions are made with respect to the environmental impacts of major federal actions. 40 C.F.R. § 1500.1(c); Pub. Citizen, 541 U.S. at 76869, 124 S.Ct. 2204; Forest Guardians v. U.S. Fish & Wildlife Serv., 611 F.3d 692, 717 (10th Cir.2010). Consistent with NEPA’s purpose, the relevant question for the FHWA was the future noise level each alternative would generate. After comparing the projected noise levels of both alternatives, the FHWA concluded that 32B would produce fewer noise impacts in the future. Therefore, it selected 32B as the preferred alternative with respect to projected audible disturbances. Plaintiffs do not allege, and the record does not reflect, that a noise impact analysis which compared existing noise levels to future noise lev