### MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made as ofthe last day written below, by and between the HIGH POINT URBAN AREAMETROPOLITAN PLANNING ORGANIZATION (hereinafter, "MPO"), the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, "NCDOT"), the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter, "NCDENR"), FORSYTH COUNTY ENVIRONMENTAL AFFAIRS DEPARTMENT (hereinafter, "FCEAD"), the UNITED. STATES ENVIRONMENTAL PROTECTION AGENCY (hereinafter, "USEPA"), the FEDERAL HIGHWAY ADMINISTRATION (hereinafter, "FHW A"), the FEDERALTRANSIT ADMINISTRATION (hereinafter, "FTA") and collectivelyreferred to hereinafter as the Parties.

RECITALS WHEREAS, the Parties enter into this Memorandum ofAgreement (hereinafter, "Agreement") for the purpose ofimplementing interagency consultationprocedures for developing a State Implementation Plan (hereinafter, "SIP") and/orrevisions, regional emissions budget comparisons and conformity determinations ofLong Range TransportationPlans (hereinafter, "LRTP"), Metropolitan Transportation Improvement Programs (hereinafter, "TIPs"), and Regionally SignificantProjects (hereinafter, "RSP"); WHEREAS, the Parties enter into this Agreement in accordance with Section 176(c)( 4)(E) ofthe Clean AirAct (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) with respect to the conformity ofLRTPs, TIPs andFHW A/FTAprojects, which are developed, funded or approved by the United States Department ofTransportation (hereinafter, "USDOT") andbythe MPO or other recipients offunds under Title 23 U.S.C., or the Federal Transit Act (49 U.S.C. Chapter 53.), and Title 15ANorth Carolina Administrative Code (hereinafter, "N.C.A.C."), Subchapter 2D, Section .2000 relating to nonattainment and maintenance areas; WHEREAS, the MPO desires to comply with the aforementioned federal laws andregulations andparallel state and local laws andregulations by preparing, modifying and evaluating LR TPs andTIPs (which may include RSPs) in accordance with the SIP and in orderto preserve the integrity ofthe SIP; WHEREAS, NCDOT desires to comply withthe aforementioned federal laws andregulations andparallel state and local laws and regulations by assisting the MPO in its conformity determination in accordance with the State Transportation Plan and State Transportation ImprovementProgram (hereinafter, "STIP") and in orderto preserve the integrity ofthe SIP; WHEREAS, NCDENR desires to assist the MPO in its compliance with the aforementioned federal requirements andmust enforce applicable state environmental laws andregulations; WHEREAS, FCEAD desires to assist the MPO in its compliance with the aforementioned federal requirements and must enforce applicable local environmental laws andregulations; WHEREAS, USEPA desires to effectively enforce the relevant federal laws andregulations regarding air quality and compliance with SIP requirements;

1WHEREAS, FHW A desires to effectively enforce and administer the relevant aforementioned federal laws andregulations regarding metropolitan and statewide transportationplanning and transportation conformity; WHEREAS, FTA desires to effectively enforce and administer the relevant aforementioned federal laws andregulations regarding metropolitan and statewide transportationplanning and transportation conformity; and WHEREAS, the Parties wish to worktogetherto perform the duties imposedupon themby law andto coordinate among themselves for efficient andthorough planning for air quality inthe geographic area included within the MPO. THEREFORE, in consideration ofthese conditions and for good and valuable consideration and the benefits flowing to the Parties from each other, the receipt ofwhich is hereby acknowledged, and in further consideration ofthe mutual covenants, terms, conditions and restrictions hereinafter set forth, the Parties hereby agree as follows: PURPOSE The purpose ofthis MOA is to satisfy the requirement in CleanAirAct section 176(c)(4)(E) to create a state conformity SIP containing the following three requirements ofthe Federal Transportation Conformity Rule, 40 CFRpart 93 subpartA: (1) 40 CFR 93.105, which addresses consultationprocedures; (2) 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require written commitments to control measures to be obtainedpriorto a conformity determination ifthe control measures are not included in anMetropolitan Planning Organization's transportationplan and transportation improvementprogram, and that such commitments be fulfilled; and (3) 40 CFR 93.125(c), which states that conformity SIPs must require written commitments to mitigationmeasures to be obtainedpriorto a project-level conformity determination, andthat project sponsors complywith such commitments. 1.0 DEFINITIONS 1.1 "Conformity"-- refers to the status oftransportation plans, programs andprojects within a region designated as nonattainment or maintenance for transportation relatedpollutants, as to whether they complywith air emission levels and standards requiredby existing state and/or federal implementation plans for thatregion. 1.2 "Consultation"-- means when one Party confers with another identified Party, prior to any final decision, provides all informationnecessaryto that Party needed for meaningful input, and considers andresponds to the views ofthat Party in a timely writtenmanner. 1.3 "Interagency Consultation Conformity Determination Meeting"

-- refers to a meeting calledby the MPO or its designee and open to all Parties, designed to establish agreeduponprocedures, protocols, and schedules for conducting a conformity analysis and determination.

21.4 "Long Range Transportation Plan" (LRTP) --means the official intermodal metropolitan transportation planthat is developed through the metropolitan planningprocess for the metropolitan planning area, developed pursuant to 23 C.F.R. part 450. 1.5 "State Implementation Plan" (SIP)

-- means documents, including, but not limited to, State adopted regulations, attainment demonstrations, and maintenance plans, submittedby North Carolina to, and approved by, the USEPA, or the mostrecent revision thereof, in accordance with Sections 110, 301(d) and 175(A) ofthe CAA (42 U.S.C. 7410, 7601, and 7505(a)) and regulations promulgatedby USEPA pursuantto the provisions ofthose sections. 1.6 "Statewide Interagency Consultation Meetings" (SICM)

-- refers to regularly scheduled informational**m~etings,** sponsoredbyNCDENRto which all Parties are invited, including all MPOs and Regional Planning Organizations throughout the State, which are required to have air quality conformity determinations under Title 15AN.C.A.C. Subchapter 2D, Section .2000. 1.7 "Statewide TransportationImprovement Program" (STIP) --means a staged, multiyear, statewide, intermodal program oftransportation projects, which is consistent with the statewide transportation plan and planning processes and LRTPs, TIPs and processes. 1.8 "Timely"

- means within the timeframe agreed to inthe schedule set at the Interagency Consultation Conformity DeterminationMeeting(s). 1.9 "Transportation Providers"- means public agencies thatprovide transportation services to the public, these agencies are publicly owned and operated. 1.10 "Parties"- means representatives from all signatory agencies to this Agreement. 1.11 "Transportation Control Measures" (TCMs)

-- are strategies that are specifically identified and committedto in State Implementation Plans (SIPs); and are either listed in Section 108 ofthe Clean AirAct (CAA), or will reduce transportationrelated emissions byreducing vehicle use or improving traffic flow 1.12 All otherterms usedherein butnot defined in this Agreement shall have the meaning given to themby the CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other USEPAregulations, other USDOT regulations, or 15ANCAC 2D.

2.0 DUTIES OF THE PARTIES The roles andresponsibilities ofeach Party are definedbelow.

32.0.1 Each Party member shall determine which staffmembers will represent the Party in the conformity process and shall take responsibility to see that the appropriate representatives are available to ensure a cooperative process and adequate communication among the Parties. Each Party shall choose its representative(s) and at least one alternate staffperson for interagency consultation and provide their names and contact information to NCDENR. Itis the responsibility ofeach Party to notify NCDENR ofchanges in their appointed designee(s) or contact(s), 2.0.2 All Parties shall review andprovide comments to the MPO on draft LRTPs, TIPs, and conformity analyses. All Parties shall review and provide comments to NCDENR on draft SIP submissions. All Parties shall review and provide comments to NCDOT and/or local project sponsors on project-level conformity determination prepared during the National Environmental Policy Act (NEPA) process for FHW A/FTA projects located in the MPOjurisdiction. Parties shall provide their written review comments, ifany, to these agencies within twentyone (21) days ofreceipt ofdraft documents unless an alternate deadline has been agreed upon at an interagency consultation meeting. The MPO, NCDENR, or NCDOT, as appropriate, shall respond in writing to all Parties to explain how comments were addressed or why they were not addressed in the subsequent version ofthe document that is distributed to all Parties. 

### 2.1 MPO DUTIES 2.1.1 The MPO, or its designee, shall sponsorthe Interagency Consultation Conformity Determination Meetings and prepare meeting agendas and meeting materials required for fulfillment ofconsultation procedures outlined in this Agreement. Any adjacent MPO will be invited to this meeting for purposes ofcoordination and consultation. 2.1.2 The MPO, or its designee, shall prepare meeting summaries and conclusions ofsaid Interagency Consultation Conformity Determination Meetings and other appropriate meetings it sponsors. The MPO, or its designee, shall provide meeting summaries and conclusions to all Parties within a time manner not to exceed 14 days after the meeting. The other Parties may provide comments on meeting summaries/conclusions to the MPO within a time manner not to exceed 14 days, copying other Parties. The MPO, or its designee, shall respond to comments from Parties in writing in a time manner not to exceed 14 days ofreceiving comments. The MPO's response to comments shall be distributed to all Parties. 2.1.3 The MPO shall consult with the Parties on the development process for LRTPs, TIPs and amendments thereto. This process will begin no later than one year prior to when the conformity determination is needed. 2.1.4 Notification ofthe LR TP and TIP revisions and amendments that add or delete non-exempt projects.

42.1.5 Before the MPO conducts conformity analyses and determinations, as initiatedunderthe terms and conditions ofthis Agreement, the MPO, or its designee, shall initiate and facilitate an Interagency Consultation Conformity Determination Meeting with all Parties onproposed procedures and protocol for conducting and performing conformity analysis priorto making a conformity determination. This meeting will take place not later than one year prior to when the conformity determination is needed. 2.1.6 The MPO, or its designee, shall provide information requested by other Parties to track the implementation oftransportation control measures funded bythe MPO, or local municipalities, and included in the SIP by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.1.7 The MPO shall be responsible for development and maintenance ofthe travel demand model for the MPO area in consultation with the Parties. The MPO may delegate suchresponsibility to a third party through an agreement with NCDOT and/orneighboring MPOs and associated transportation agencies to develop a regional travel demand model. Any Party delegating responsibility to a thirdparty shall notify the thirdparty, in writing, that all documentation is subjectto the applicable public records law. Responsibility for development andmaintenance ofa regional travel demand model shouldbe established through a separate memorandum ofagreementbetweenthe affected MPOs, NCDOT, and associated transportation agencies. 2.1.8 Upon written requestby the Parties, the MPO, orits designee, shall provide all Parties with available travel data neededto determine various transportation emissions budgets, ifthey are responsible for this data. 2.1.9 The MPO, orits designee, shall assistNCDENR andNCDOT ifneeded for modifications orrevisions to the SIP, which includes the assessment of effectiveness ofexisting Transportation Control Measures (TCMs) and implementation ofpotential TCMs for inclusion inthe SIP, and providing critical input to the SIP development process, such as vehicle miles traveled (VMT) and speed assumptions for various road classifications. 2.1.10 The MPO, or its designee, shall submit concurrently, upon completion, a draft and/or final LRTP and/or TIP document andrelated conformity determination to the NCDOT, NCDENR, FCEAD and three copies to FHW A (FHW A will coordinate the federal review effort and will forward the documents to FT A and USEPA unless an alternate coordination process is specifiedthrough interagency consultation). The MPO shall respond inwriting to comments made bythe other Parties on draft documents.

52.1.11 The MPO shall maintain procedures for public involvement in the conformity determination process consistent with its adopted Public Involvement Procedures including receiving and responding to public input on conformity fmdings, consistent with 23 CFR 450.316(a) and 40 CFR 93.105(e). 2.1.12 The MPO, or its designee, shall submit a written request for emission factors required for conformity determination from NCDENR or its designee. 2.1.13 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures 2.1.13.1 Prior to making a conformity determination on the LRTP and/or TIP, the MPO will ensure any project level mitigation or control measures are included in the project design concept and scope and are appropriately identified inthe regional emissions analysis used inthe conformity analysis. 2.1.13.2 The MPO shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.1.13.3 Written commitments to mitigation measures mustbe obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations (in accordance with 40 CFR 93 .122(a)( 4)(ii)). 

### 2.2 NCDENR DUTIES 2.2.1 NCDENR shall maintain a list ofcurrent interagency consultation members and distribute it to all members whenever

## achange in membership occurs. 2.2.2 NCDENR shall participate in the Interagency Consultation Conformity Determination Meetings, sponsor the SICM meetings, and other appropriate committees/meetings established to advise the Parties on SIP and emissions control strategies and programs particularly as these relate to transportation issues. 2.2.3 NCDENR shall participate in consultations with the Parties regarding the development process for LRTPs, TIPs and amendments thereto. 2.2.4 NCDENR shall participate in the development and review of transportation system and emissions modeling activities andprojection procedures to ensure consistency ofair quality and transportation system evaluation.

62.2.5 NCDENR shall ensure the SIP is developed using appropriate emissions and control measures. NCDENR is to develop the applicable motor vehicle emission budgets in consultation with the Parties to ensure that accurate and up-to-date data assumptions are being used at the initial phases ofthe development ofthe SIP bythe deadline established by NCDENR during the consultationprocess. NCDENR shall update the SIP consistent with Federal CAA requirements. 2.2.6 NCDENR shall provide applicable transportation-related emission budgets and revisions to the NCDOT, MPO, and USDOT (FHWA and FTA). 2.2.7 NCDENR shall keep the Parties apprised ofits SIP revision submittals and USEPA's approval thereofandprovide for and respond in writing to comments made by the MPO and NCDOT and the other Parties in transportation-related SIP development processes. 2.2.8 NCDENR shall obtainMPO and NCDOT approval for the inclusion of transportation related TCMs (for any TCM funded bythe federal and state transportationbudgets or local funds and where the implementing agency is the MPO) in the SIP. 2.2.9 NCDENR shall provide a list ofTCMs included in the SIP as well as their SIP implementation schedules at the Interagency Consultation Conformity DeterminationMeeting. 2.2.10 Upon initiating a modification or revision to the SIP, NCDENR shall consult withNCDOT and the MPO, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. Additionally, NCDENRwill consult with NCDOT and the MPO about what critical transportation related inputs for the SIP development process shouldbe used, such as VMT and speed assumptions for various road classifications. A draft version ofthe SIP will be shared with the Parties, at a minimum, 30 days priorto the end ofthe public commentperiod. 2.2.11 NCDENR shall consult andreview project narratives providedby NCDOT or appropriate project sponsor to determine ifthe project is an air quality concern for particulate matter based on40 CFR 93. 2.2.12 NCDENR, at the written request ofNCDOT or the MPO, shall provide appropriate emission factors to NCDOT or the MPO for completion ofthe conformity analysis. NCDENR shall provide a schedule for completion of work within two (2) business days ofthe written request. NCDENR shall consult withNCDOT and/or the MPO for the availability and appropriate use oflocal data in the latest EPA-approved emissions model.

72.2.13 NCDENR shall review and provide comments to the MPO on draft conformity analyses. NCDENR shall provide timely review comments to the MPO within twenty-one (21) days ofreceipt for inclusion in the final report in accordance with the terms and conditions ofthis Agreement. 2.3 NCDOT DUTIES 2.3.1 NCDOT shall participate in the SICM, Interagency Consultation Conformity DeterminationMeeting(s) and other appropriate committees/meetings established to discuss with the Parties on the development ofa revised statewide transportationplan, including programs andprojects. 2.3.2 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised ofthe status and content ofstatewide transportation plans and the STIP. 2.3.3 NCDOT shall consult with the Parties to develop LRTPs, TIPs and amendments thereto by the dates agreed to inthe Interagency Consultation Conformity Determination Meeting. 2.3.4 NCDOT shall participate in the development and review oftransportation system emissions modeling activities andprojection procedures to ensure consistency ofair quality and transportation system evaluation. 2.3.5 NCDOT shall review andprovide comments to the MPO on draft conformity analyses by the dates agreedupon in the Interagency Consultation Conformity DeterminationMeeting unless NCDOT has authored said conformity analysis report. 2.3.6 NCDOT shall also provide informationrequested by other Parties to track the implementation ofTCMs included in the SIP by the dates agreedto in the Interagency Consultation Conformity Determination Meeting. 2.3.7 NCDOT shall assist NCDENR and the MPOs as needed for modifications orrevisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.3.8 NCDOT shall conduct project level conformity analysis for NCDOT sponsored projects as part ofthe.NEPA process for FHW A/FTA projects located in the MPO boundary. 2.3.9 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures

82.3.9.1 The NCDOT shall obtain written commitments from the project sponsor and/or operatorto fulfill and complete all ofthe projects and operations identified bythe project-level National Environmental Policy Act (NEPA) mitigation or control measures with respect to local hot spot analysis 2.3.9.2 The NCDOT shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations. 

### 2.4 FHWA and FTA (USDOT) DUTIES 2.4.1 FHW A and FTA shall consult with the Parties regarding the SICM, the Interagency Consultation Conformity Determination Meetings and other appropriate committees/meetings established to advise the Parties on the development oftransportation plans, programs andprojects, particularly as these relate to air quality-related issues. 2.4.2 FHW A and FTA shall advise the Parties ofchanges to USDOT technical, regulatory, and policy guidance as it relates to the planning process and conformity. 2.4.3 FHWA and FTA shall assist NCDENR, NCDOT and the MPOs as needed for modifications orrevisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation of potential TCMs for inclusion in the SIP. 2.4.4 FHWA and FTA shall assess the MPO's compliance with public participationpolicy and procedures that meet the requirements of23 CFR 450.316(a) and 40 CFR 93.105(e). 2.4.5 FHW A and FTA shall provide written comments to the other Parties concerningboth draft and final conformity findings in accordance with the terms ofthis Agreement. The final conformity finding made byFHW A shall be consistent with the requirements ofthe national conformity memorandum ofunderstanding. 2.4.6 FHWA shall review and provide timely approval or rejection, in writing, ofthe final conformity determination report bythe MPO ofan amended and/or adopted transportation plan, program orproject subject to conformity analysis and determination according to this Agreementby the dates agreed to in the Interagency Consultation Conformity Determination Meetings.

92.4.7 The FHWA will coordinate the federal review effort and will forward copies ofthe draft or final LRTP and/or TIP document and related conformity determination to the FTA and USEPA unless an alternate coordination process is specified through interagency consultation. 2.4.8 In accordance with 40 CFR 93.125(c), prior to making a project-level conformity determination for a transportation project, FHW A must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or control measures in the constmction or operation ofthe project identified as conditions for NEPA process completion. The written commitments to implement those project-level mitigation or control measures must be fulfilled by the appropriate entities. 2.4.9 FHW A shall be responsible for final approval or rejection ofproject level conformity determinations on FHW A projects. 

### 2.5 USEPA DUTIES 2.5.1 USEPA shall participate in the SICM, the Interagency Consultation Conformity Determination Meetings and other appropriate committees/meetings established to advise the Parties on the development oftransportation plans, programs andprojects, particularly as these relate to air quality-related issues. 2.5.2 USEPA shall, in a timely fashion, advise the Parties ofchanges to USEPA policy, regulation, and guidance related to air quality and conformity. 2.5.3 USEPA shall review and comment, in writing to FHWA and the MPO, on draft and final conformity analyses in accordance with the terms ofthis Agreement and consistent with the requirements ofthe national conformity memorandum ofunderstanding within twenty-one (21) days of receipt. 2.5.4 USEPA shall assist NCDENR, NCDOT and the MPOs as needed for modifications or revisions to the SIP, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.5.5 USEPA shall review the adequacy ofthe Motor Vehicle Emissions Budgets, and determine the approvability determination ofsubmitted SIPs, including the Conformity SIP (the subject ofthis MOA) and any subsequent revisions, and ofcontrol strategy SIPs and any revisions. USEPA's determination ofapprovability shall be publishedin the Federal Register. 2.5.6 USEPA shall be consulted with and will review compliance for hotspot requirements related to individual FHWA/FTA projects and provide comment in writing.

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### 2.6 FCEAD DUTIES 2.6.1 FCEAD shall participate in the Interagency Consultation Conformity Determination Meetings, SICM, and other appropriate committees/meetings established to advise the Parties on the SIPs and emissions control strategies and programs particularly as these relate to transportation related issues in Forsyth County (partial). 2.6.2 FCEAD shall participate in consultations with the Parties regarding the development process for LRTPs, TIPs and amendments thereto. 2.6.3 FCEAD shall participate in the development and review oftransportation system and emissions modeling activities andprojection procedures to ensure consistency ofair quality and transportation system evaluation. 2.6.4 FCEAD shall review and provide comments to the MPO on draft conformity analyses. FCEAD shall provide timely review comments to the MPO within twenty-one (21) days ofreceipt.



### 3.0 CONTENT AND SUBMISSION OF TRANSPORTATION PLANS, PROGRAMS AND PROJECTS 3.1 CONTENT AND DESIGN The LRTP/TIP, programs and/or projects to be analyzed for conformity shall meet the requirements ofthe current federal transportation authorizing legislation, and the most current USDOT and USEPA regulations. Atthe time that a new or revised transportation plan is proposed, the MPO, in cooperation with NCDOT and local transportation planning agencies, shall prepare a list ofnew or modified transportation projects and services included in the transportation plan and identify the time frame each new project or service is expected to become operational. 

### 3.2 PUBLIC PARTICIPATION Conformity determinations for LRTP and Transportation Improvement Program (TIPs) shall follow the specific public involvement process establishedby the MPO, consistent with the requirements of23 CFRPart 450, which provides opportunity for public review and commentpriorto formal action on a conformity determination. The public review must provide reasonable public access to technical and policy information considered by the affectedparties in making the conformity determination. Conformity determinations in rural portions ofnonattainment and maintenance areas outside and adjacent to the MPO boundaries shall follow the specific public involvement process establishedbyNCDOT, consistent with the requirements of23 CFR Part 450, which provides opportunity for public review and commentprior to formal action to update the STIP.

11Any charges imposed for public review and copying should be consistent with applicable fee schedules including butnot limitedto 49 CFR 7.43 and N.C.G.S. §132-6.2.



### 4.0 STATEWIDE INTERAGENCY CONSULTATION MEETINGS NCDENR shall sponsor a SICM meeting on a regular basis for the purpose ofkeeping all Parties and all MPOs abreast ofnew information concerningtransportation planning generally and as itrelates to conformity analysis and determination. 

### 4.1 MEETING FREQUENCY SICM shallbe heldmonthly unless otherwise agreed uponby all Parties. Meeting dates shall be determinedbyNCDENR after consultation withthe Parties. The meeting shall consist ofupdates and otherpertinent informationprovidedby each Party. 

### 4.2 SPECIAL MEETINGS IfNCDENR determines, in consultation with otherParties, a need for an unscheduled Statewide Interagency ConsultingMeeting and there is a consensus among the Parties to have an unscheduled meeting, NCDENRmustprovide priornotice to all Parties, at least fourteen (14) days in advance ofthe meeting. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is in the best interest ofthe Parties. 

### 4.3 MEETING LOCATION AND AGENDA The SICM meeting location shall be determined basedupon convenience and agreement by the Parties. NCDENR shall provide all Parties, including all Statewide MPOs, advanced notice ofthe meeting time, location and agenda. Ifnecessary and convenient, the SICM meeting neednotbe a face-to-face meetingbut may occurby telephone, video or some otherpractical electronic means. 

### 4.4 DISCUSSION OF SIP RELATED ISSUES NCDENR shall use the SICM meeting as an opportunityto update the Parties on SIPs under development and SIP revisions submittedto USEPA. NCDENR shall allow the Parties to review and comment ontransportation-related SIP issues andrespond to said comments. See Section 2.0.2 for the general process for commenting andresponding to comments.

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### 5.0 INITIATING CONFORMITYDETERMINATIONS ORANALYSIS The Parties shall make conformity determinations and consultations consistent with this Agreement and in accordance with the conditions described in 40 CFR Part 93 for LRTPs, TIPs and FHWAIFTA projects. 

### 5.1 EXEMPTIONS TO CONFORMITY DETERMINATIONS 5.1.1 Notification ofExempt Status Required-- The MPO shall notify the Parties ofadoption or approval ofprojects determined to be exempt by the MPO and provide a basis for such exempt status. Notification by the MPO shall also be made when the LR TP or TIP is revised to add ordelete exempt projects as defined in 40 CFR 93.126, 93.127, and 93.128. Notification ofdeleted projects does not have to be made prior to anMPO action. 5.1.2 Objection to Exempt Determination-- Ifthe Parties disagree with the MPO's finding that the amendment to the LRTP or TIP contains only exempt projects, the objecting Party shall notify all Parties in writing. See section 9.0 for conflict resolution procedures.



### 6.0 INTERAGENCY CONSULTATION CONFORMITYDETERMINATION MEETING When the need for conformity analysis and determination is initiated in accordance with this Agreement and aforementioned regulations, the MPO, or its designee, shall call an Interagency Consultation Conformity Determination Meeting to which all Parties ofthis Agreement shall be invited bythe MPO, or its designee

.. The Interagency Consultation Conformity DeterminationMeeting shallbeheldpriorto performing any conformity analysis or determination and shall address the specific processes outlined in 40 CFR 93.105(c). The purpose is to coordinate early with the Parties on information regarding the choice ofsome majorparameters ofthe conformity analysis andto determine the schedule ofpreparation andreview ofthe analysis. All ofthe information agreedupon bythe Parties will be documented in the pre-analysis plan. Ifduring the meeting a conflict arises, the Parties shall follow the conflictresolution procedures as outlined in Section 9.0 ofthis document. 

### 6.1 NOTICE OF MEETING The MPO, orits designee, shall provide at least fourteen (14) days priorwritten notice to the Parties that an Interagency Consultation Conformity Determination Meeting has been scheduled. Saidprior notice shall also be given to local transportationproviders represented bythe MPO. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is in the best interest ofthe Parties.

136.2 MEETING PLACE, TIME AND AGENDA The meeting shallbe scheduled at a time and location that allows representatives from the Parties to participate. The MPO, or its designee, shall distribute to the Parties draft agenda and meeting materials at least five (5) business days prior to the meeting. The Parties shall have the opportunity to add agenda items and will be responsible for presenting them. Ifit is agreed among the Parties that additional meetings are required the MPO, or its designee, may schedule such additional meetings. Attendance at the Interagency Consultation Conformity DeterminationMeeting may be bytelephone or teleconference so long as all the Parties agree. Ifsome Parties are unable to attend the Interagency Consultation Conformity Determination Meeting(s), the MPO or its designee shall consider whether meaningful consensus canbe reached with the available Parties. Ifthe MPO or its designee determines the overall Party representation to be adequate, it shall document the meeting andprovide all Parties with a summary of the important discussions and conclusions. 6.3 CONSULTATION ON CONFORMITYANALYSIS APPROACH The MPO, or its designee, shall outline, in the pre-analysis plan, the proposed methodologies to be used inthe conformity analysis and share the pre-analysis plan with the Parties for comment at least 7 days priorto the meeting unless otherwise agreed upon by all Parties. 6.3.1 Interagency Consultation Procedures

-- The issues listed in 40 CFR 93.105 (c) shall be reviewed and discussed at this meeting, including but not limited to, the following activities: 6.3.1.1 Evaluating and choosing an appropriate model (or models) and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses; 6.3.1.2 Determining which minor arterial and other transportation projects should be considered Regionally Significant Projects for the purpose ofregional emissions analysis (in addition to those functionally classified as principal arterials orhigher or fixed guideway systems or extensions that offer an alternative to regional highway travel); 6.3.1.3 Evaluating whether projects otherwise exempted from meeting the requirements of40 CFR 93.126 and 93.127 shouldbe treated as non-exempt in cases where potential adverse emissions impacts may exist; 6.3.1.4 Discussing whether or not adopted TCMs are on schedule and performing as anticipated, as required by40 CFR93.113. If TCMs are not on schedule, Parties shall discuss whether 40 CFR 93.113(c)(1) canbe met and what will occur if40 CFR 93 .113(c)(1) cannotbe met;

146.3.1.5 Choosing conformity tests and methodologies for areas outside the MPO boundarybut within the nonattainment ormaintenance area as required by 93.109(1)(2)(iii); 6.3 .1.6 Consulting on emissions analysis for transportation activities which cross MPO, nonattainment area or airbasinboundaries; 6.3.1.7 For the metropolitan planning area that does not include the entire nonattainment or maintenance area, the MPO and NCDOT will work to provide cooperative planning and analysis for the purposes ofdetermining conformity ofall projects outside the metropolitan area and within the nonattainment ormaintenance area through interagency consultation meetings; 6.3.1.8 Ensuring that plans for constmction ofRSPs, that are not FHWA/FTAprojects, are disclosed to the MPO on a regular basis and any changes to those plans disclosed in writing to the MPO; 6.3.1.9 NCDOT and the MPO, or its designee, will consult on the design, schedule and funding ofresearch and data collection efforts and regional transportation model development through interagency consultation meetings; 6.3.1.10 As defined in Section 2.1.10, the MPO, or its designee will provide final documents and supporting information to each applicable Party after adoption or approval; 6.3.1.11 Latest planning assumptions for developing emission factors for the conformity analysis; 6.3.1.12 Projects without a determined design concept and scope shall be discussed at the Interagency Consultation; and 6.3.1.13 Parties must agree on sufficient details ofthe design concept and scope for the project to be included in the conformity analysis and determination. 6.3.2 TCM Analysis and Implementation-- The Interagency Consultation Conformity Determination Meeting shall be used for assuring implementation ofTCMs, which shall be ajointresponsibility of NCDENR, the MPO andNCDOT. NCDENR shall submit (at the Interagency Consultation Conformity Determination Meeting) a list ofthe TCMs, which are in the applicable implementation plan and their SIP schedules, to be included in the LRTP or TIP.

156.3.3 Scheduling Implementation-- The MPO or its designee shall provide a list oftransportation system elements from the mostrecent conforming LR TP for inclusion in the current TIP to be completed in the time frame established in the LRTP. NCDENR orits designee (at the request ofthe MPO) shall provide the emission factors to the MPO within a time agreed upon during the interagency consultations and to allow the MPO sufficient time to complete the conformity analysis on schedule. Additional meetings to address schedule changes or modifications shall be scheduled as needed. Due to the difficulty in assembling all Parties at one time, subsequent meetings may involve various subsets ofthe larger group. However, pertinent information discussed in these sub-meetings shall be shared with the other Parties as defined in Section 2.1.2. 6.3.4 TIP Conformity Analysis and Determination-- The MPO shall also discuss the TIP as it relates to conformity-related issues. Ifthe TIP is a subset ofa currently conforming LRTP, the discussion ofthe TIP conformity analysis and determination may be made via e-mail or postal mail unless a Party member identifies sufficientreasons for including such discussions in a scheduled face-to-face meeting. Ife-mail or postal mail is used, the MPO shall outline the manner in which the upcoming TIP conformity determination is to be carried out. The MPO shall inform the Parties ofany proposed changes in procedure from the last TIP Conformity Analysis and Determination. The review and commenting procedures are outlined in Section 2.0.2.



### 7.0 CONFORMITYANALYSIS RESULTS AND REPORTING The draft conformity analysis report shall be circulated to the Parties defined during the Interagency Consultation Conformity Determination Meeting for theirreview priorto releasing said draft report for public review as requiredby Title 15A N.C.A.C. 2D. 2003. After the Parties' twenty-one (21) day review period, or reviewperiod agreed uponby all Parties, the MPO shall provide public review and comments ofthe draft report in accordance with the MPO'spublic participationpolicies andprocedures. The MPO shall not make conformity determination or plan adoption or approval until after the agency review is completed or the required review periodhas ended and after public participation. 

### 7.1 DOCUMENTATION OF CONFORMITY ANALYSIS The conformity analysis shall document all assumptions and relevant information usedto determine the impact ofthe LRTP, TIP or FHWA/FTAproject on travel and emissions in the region. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report shall include, but not be limited to, following documentation: 7.1.1 Forecasts ofpopulation, household and employment in the analysis shall be either mentioned or referenced in report;

167.1.2 Inputs used to develop emissions factors and emission factors used; and 7.1.3 VMT and average speed for each federal functional classification. 

### 7.2 COMMENTS BY THE PARTIES AND THE PUBLIC The Parties may commentupon the analysis results after receiving the results ofthe draft conformity analysis and report. The results shall also be made available to the public for review and comment in accordance with the MPO's public participationpolicy and procedures and 23 CPR450.316(a) and 40 CPR 93.105(e). 7.2.1 Evaluation ofComments from the Public-- After the completion ofthe public commentperiod, the comments received from the public on the conformity analysis, shall be addressed in the final report and maybe raised in an additional meeting between the Parties. Comments maybe addressed individually or in summary form at the discretion ofthe MPO. 7.2.2 Evaluation ofComments from the Parties-- Ifthe Parties disagree with the conclusions ofthe analysis, the MPO shall convene a meeting or consult with the Parties via an electronic communication means (telephone, teleconference, e-mail, etc.) ifagreed to by the Parties, to consider and discuss the comments and determine whether further conformity-related analysis is needed.



### 8.0 CONFORMITYDETERMINATION ADOPTED BY MPO RESOLUTION The MPO may make a conformity determination and approval/adoption ofthe LRTP, TIP, RSP or applicable transit project after addressing conformity related objections and concerns raisedbyboththe public and the Parties. 

### 8.1 NOTIFICATION OF MPO RESOLUTION The MPO shall provide PHW A and NCDOT with written notification ofa conformity determination by MPO resolution within the time period agreed upon during interagency consultation meetings. The MPO shall include, along with the notification, a copy ofthe final conformity analysis and report. PHW A will be responsible for distribution ofthe final conformity analysis andreport to the USEPA and PTA for formal review. 

### 8.2 NCDENR OBJECTION TO CONFORMITYDETERMINATION IfNCDENR objects to the MPO's conformity determination, NCDENR may appeal the MPO determination within fourteen (14) days ofreceiving notification ofthe MPO's determination. The appeal process andprocedure to be followed shall be in accordance with the Conflict Resolution section ofthis Agreement. Notwithstanding NCDENR's right ofappeal, NCDENRmay waive its right to object, in writing, at any time during the fourteen (14) day appeal period.

178.3 USDOT REJECTION OF CONFORMITYDETERMINATION USDOT mayreject the MPO determination within forty-five (45) days ofreceiving notification ofthe MPO's determination. The MPO may appeal the rejection to the Secretary ofthe USDOT. Ifno written approval orrejection has been received from USDOT after forty-five (45) days, the Secretary ofNCDOT, the Chairperson ofthe MPO or the Secretary ofNCDENRmay provide a written request ofreview by the Secretary of the USDOT seeking a resolution among the FHW A and FTA. The rejection of conformity determination and appeal procedure and process shallbe in accordance with the Conflict Resolution section ofthis Agreement.

9.0 CONFLICT RESOLUTION The purpose ofthis Agreement is to ensure that necessary conformity analyses and determinations are made efficiently and with limited conflict. The Parties believe this Agreement establishes a means andprotocol for consultation and document review that will avoid conflicts and disagreements among the Parties regarding final conformity determinations. Nevertheless, a means must be established to address the possibility that certain conflicts may arise that cannotbe resolved among the designated representatives ofthe Parties. Itis the purpose ofthis section to address such situations. 9.1 RESOLUTION OF CONFLICTS AT THE STATE LEVEL 9.1.1 Conflicts Arising Prior to Conformity Determination-- Anyconflict or disagreement between NCDOT, NCDENR and the MPO causing a lack of consensus among the state Parties as to acceptance ofMPO conformity analysis may be resolved in the manner described below. IfNCDOT or NCDENR objects to the proposed conformity analysis prior to the MPO making a conformity determination byresolution, the issue may be resolved bythe following procedure: 9.1.1.1 Level I Resolution

-- After the objecting Party gives five (5) days written notice to the other Party members explaining the reasons for objection, each stafflevel Party member shall forward written objections to the Level I ResolutionNegotiators who are defined as follows: NCDOT

-- the Transportation PlanningBranchManager NCDENR --the Division ofAir Quality Director MPO --the Chair ofTechnical Coordinating Committee orhis or her designee. The Level I Resolution negotiators shall have five (5) business days, from notice, to resolve the matterby mutually agreedupon meeting forum, including, butnot limited to, face-to-face meetings, telephone and e-mail.

18

### 9.1.1.2 

### Level II Resolution- lftheLevel I ResolutionNegotiators are unable to resolve the dispute, it may be raised to Level II Resolution negotiators who are defined as follows: NCDOT --The Secretary ofthe NCDOT NCDENR

-- The Secretary ofNCDENR MPO

-- the Chair ofthe MPO orhis/her designee. The Level II ResolutionNegotiators shall have ten (10) business days to resolve the matter by mutually agreed upon meeting forum, including, but not limitedto face-to-face meetings, telephone and e-mail. 9.1.2 Conflicts Arising After MPO Regional ConformityDetermination

-- After the MPO has made its conformity determinationby resolution and adoption/approval, NCDENRmay appeal said conformity determination byresolution and adoption/approval to the Governor ofNorth Carolina within fourteen (14) days ofconfirmationthatNCDENRreceived notice. lfNCDENRappeals to the Governor, the final conformity analysis and determination musthave the concurrence ofthe Governor ofNorth Carolina. NCDENR shall provide written notice ofappeal underthis subsectionto the Chairperson ofthe MPO, the Secretary ofNCDOT, the FHW AN orth Carolina DivisionAdministrator, and the USEPA and FTA Region 4 Administrators. NotwithstandingNCDENR's right ofappeal, if NCDENR supports the final conformity determination, NCDENRmay voluntarily waive its right ofappeal, in writing. 9.1.2.1 

### Resolution ofNCDENRAppeal-- The Governor may delegate his orher role in

### this appeals process to another official or agency withinthe State, but notto the head or staffofNCDENR, NCDOT, MPO, the North CarolinaBoard ofTransportation, or any agencythat has responsibility for any one ofthese functions. Ifthe NCDENRdoes not appeal to the Governor within fourteen (14) days ofthe MPO's notification ofconformity onthe LRTP or TIP the MPO may continue submission ofits conformity determination to USDOT for their final review and conformity determination. The MPO does not have to make conformity determinations onprojects. 

### 9.2 RESOLUTION OF CONFLICTS AT THE FEDERAL LEVEL It

### is the affirmative responsibility ofFHWA and FTAto raise issues priorto the end of any agreed uponreviewperiod. IfFHW A orFTA determines there is a significant issue, it is that agency's affirmative responsibility to arrange a meeting with the Parties to resolve the issue priorto writing negative comments orfinding that the LRTP or TIP in question does not conform to the intent ofthe North Carolina SIP.

19

### If, afterthe fourteen (14) dayprior notice ofthe MPO's fmal conformity determination by resolution and approval/adoption, NCDENRhas not appealed said final conformity determination (or waived it'sright to appeal earlier), FHWA and PTAmayprovide written approval orrejection ofthe final conformity determination within forty-five (45) days ofnotice offinal conformity determination. 9.2.1 Consensus Among Federal Agencies-- If, within the forty-five (45) day periodthe FHW A and FT A are in disagreement overthe approval or rejection ofthe conformity determination, the FHWA and PTAmay escalate the conflict among their respective agencies in an attempt to resolve the issue withinthe forty-five (45) days time period. 9.2.2 Rejectionbythe Federal Agencies-- Ifthe FHWA and PTAreject the conformity determination, the MPO, NCDOT orNCDENRmay appeal saidrejectionto the Secretary ofUSDOT. 9.2.3 No Action after Forty-Five (45) Days-- Ifafter forty-five (45) days, no written approval orrejectionhas beenprovided from FHW A and PTA, the Secretary ofNCDOT, the Chairperson ofthe MPO or the Secretary of NCDENRmayprovide a writtenrequest ofreviewbythe Secretary ofthe USDOT seeking a resolution among the FHW A and FT A.



### 10.0 MODIFICATIONS OF AGREEMENT The Parties maypropose revision(s) to this MOA, andrequest that Parties meetto consider such a revision. A change in duties will require this MOAto bereviewed.



### 11.0 TERMINATION OF AGREEMENT 11.1 TERMINATION AND RENEWAL The natural term ofthis MOA is five (5) years from the date ofexecution. The MOA will be reviewed to ensure itreflects the currenttransportation conformity regulationrequirements and all parties consulted before the MOA is renewed every five (5) years. Ifa Party desires to re-negotiate a new agreement, the canceling Partymust provide writtennotice to all otherParties at least six (6) months prior. Inthe eventthat a Party seeks to renegotiate the MOA and an agreement on the new MOAis not reachedpriorto the expiration ofthe 5-yearterm, the previous MOA will remain ineffect until suchtime as a new agreement is approved by all Parties and formally adopted into the SIP.

2012.0 SAVINGS PROVISIONS AND OTHER 12.1 This MOA does not change any ofthe requirements and obligations contained in any existing law orregulation, includingbut not limited to Clean Air Act, transportation conformity regulations ( 40 CFR Parts 51 and 93), National Environmental PolicyAct (NEPA), orthe North Carolina Administrative Code at 15A NCAC. In the event ofconflictbetweenthe provisions ofthis agreement and an existing regulatory provision, the regulatory provision shall prevail. 12.2 Upon its execution bythe Parties this MOA supersedes any and all previous agreements betweenthe signatories with respect to matters addressed herein. 12.3 This MOA does not create any, nor does it affect any existing, administrative orjudicialright ofthe Parties. 12.4 Ifany provision ofthis MOA is rendered or declared invalidby any final court action or decree, orbyreason ofpreemptive legislation, the remaining sections ofthis MOA shall remain in full force and effect for the duration ofthe MOA. 12.5 Unless otherwise specified, in computing any period oftime prescribed or allowed in this MOA, Rule 6 "Time" ofthe North Carolina Rules ofCivil Procedure shall apply.

21

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 

### '2. 

### 5 

### 4-h day of**Jctnua.~tJ** 

## ,2011. MPO

# Byk;.l~c~**Q~~** Name: Rebecca R. Smothers 

### Title: Mayor



### 22

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 

## ]fV) day of 

# l?AOV\fl1V\J}: ,2011

. 

# t;t By:_-+-;--

-------- 

# Titte:d"fcf'f

# ~

23

### IN WITNESS WHEREOF,

### the Parties have executedthis AGREEMENT onthis the 31st dayof July ,2011. FCEAD By:

## WM~ Name: William M Barnette 

### Title: Director



### 24

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 

### f

## ~ day of (

## )o..nu..a.~ , 2011.**NCDE~,** By:

# ;t)~O**54~~**

25

### IN**WIT~SS** 

### WHEREOF, the Parties have executedthis AGREEMENT onthis 

### The 1'"- day 

### of

### ~1.!~ ,2013.

. USEPA

# By:a#~r@<f Name: Gwendolyn Keyes Fleming Title: Regional Administrator

26

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT onthis the 

## ;;2;) tt (/ 

### day of 

### C{!l

# dUvd{_ ,2011.**~**

### By:__::**===-----~'-----\J.~~~~ .JJI** **5. .** 

Title: FHW A NC Division Administrator

27

### IN WI!NESS WHEREOF, the**P~ies** 

### have executed this AGREEMENT on this the

### ~-\-'k, dayof

### ~\ , 2011.

. FTA 

### By: Yvette G. Taylor'\

# Name:~\\-~ Title: Regional Administrator



### 28