9 Investigates: I-77 toll lanes could be expanded in Lake Norman

MOORESVILLE, N.C. — As the Interstate 77 South toll-lane project continues to cause debate and controversy, discussions behind the scenes regarding the possible expansion of the existing toll lanes on the interstate are happening. There’s also discussion about the potential of allowing large commercial vehicles to use the express lanes, something that currently isn’t permitted.

Last year, I-77 Mobility Partners, the subsidiary company of Spanish infrastructure giant Ferrovial and Cintra, suggested the expansion to the North Carolina Department of Transportation.

The I-77 express lanes currently have both one-lane and two-lane segments. From Exit 28 in Cornelius to the end of the lanes in Charlotte, there are two, but from Mooresville’s Exit 36 to Exit 28, there is only one lane in either direction.

9 Investigates first learned of the possibility of expansion in March and, after months of waiting, has finally received copies of an agreement between the NCDOT and developers. To be clear, the agreement the NCDOT executed is only a Memorandum of Understanding. It’s the first step in considering the expansion, but nothing is set in stone or guaranteed to happen.

“The MOU enables technical and financial analysis between NCDOT and I-77 Mobility Partners but does not obligate NCDOT to approve the proposed improvements, amend the contract or proceed with construction. This is not a formal proposal,” an NCDOT spokesperson told 9 Investigates.

There are two main discussions on the table according to the MOU.

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“The MOU establishes a structured process for evaluating potential enhancements to the I-77 North Express Lanes, including (a) widening the northern section or (b) widening the northern section and allowing large commercial vehicles to utilize the express lanes,” the NCDOT said.

While the real negotiations have yet to begin, there are a few things NCDOT has asked for in the MOU, one of which is the consideration of “public benefits.”

“These public benefits could include one or a combination of some of the following, among others: targeted toll relief pilots, additional access, increased utilization, local transportation priorities, and community benefits,” according to the MOU.

Bill Thunberg, executive director of the Lake Norman Transportation Commission, said he’s been aware of the project for about a year now, and transportation officials have agreed on at least some reasons to explore the idea.

“We’ve met four times at the LNTC on this, and pretty much there was agreement that there is a safety issue because of that one lane, and so I think there was there’s a desire to go ahead and have that additional lane … there’s also a desire to have the toll rates be lower and some other things,” he said.

However, not everyone is convinced that expanding the lanes would be a good thing.

The I-77 toll lanes have been a point of contention, specifically for communities in the Lake Norman area and Davidson.

Mayor Rusty Knox has been one of the voices opposed to expanding the lanes.

“I’ve been against it since Day 1 for a number of reasons. No. 1, first and foremost, it doesn’t work, and it’s not going to work. We see the evidence with the project that we’ve got in place right now,” he said.

While Thunberg says he’s seen some support for the lanes, Knox, who is also on the LNTC board, says local municipalities haven’t been convinced.

“There’s not a whole lot of steam behind supporting it with Lake Norman Transportation. I’ll tell you that,” he said.

The expansion of the lanes is a nonstarter for Knox, but he said there is a way he would consider it, a complete overhaul of the existing contract.

“If you want to talk about doing this, let’s talk about a new contract, a new contract that guarantees revenue sharing now for the state, that guarantees a standard instead of a predatory rate of managed lane fees, those kinds of things. That’s what’s important, so just amending the contract doesn’t work for me. Give us a new contract,” he said.

It’s not clear if that would even be an option for Cintra, especially considering the current contract with the NCDOT allows them to charge whatever rate they want without any cap on prices.

The negotiations are just one hurdle that Cintra and NCDOT would need to clear before moving forward with an expansion, and that is the logistics and feasibility of expanding the lanes between.

Exits 31-28 are where the interstate crosses over Lake Norman and Lake Davidson.

“The negative impact environmentally going over three different causeways has to give you a pause,” Knox said.

Thunberg also mentioned the construction over the causeways and said that was likely part of the reason the lanes were not built two-wide during initial construction.

“The concern was the causeways, and so they may have come up with better engineering with regard to how to do that. They may have to get a pass from the federal government on lane width,” he said.

Ultimately, that will be up to the developers and engineers to determine if the NCDOT gives them the green light to move forward with an official proposal. There is plenty of work to be done before the expansion could happen, but the NCDOT reiterated that the final decision isn’t up to a private developer.

“Under MOU, I-77 Mobility Partners develops and funds the initial technical, financial, traffic, and environmental analyses, and NCDOT retains full oversight and final decision-making authority. The MOU outlines a phased review and negotiation process, with any future decision contingent on demonstrating clear public benefits, such as congestion relief, improved mobility, and value for local communities,” the NCDOT said.

Moving forward, the current timeline says Cintra will provide a final proposal later this year. Additionally, the cost to complete the study will be the developer’s responsibility, but if NCDOT gives them the go-ahead to do the engineering work and full proposal but ultimately decides against expansion, taxpayer money, up to $4 million, could be paid to Cintra for their work.