### MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made as ofthe last day written below, by and betweenthe BURLINGTON-GRAHAM METROPOLITAN PLANNING ORGANIZATION (hereinafter, "MPO"), the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, "NCDOT"), the NORTH CAROLINADEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter, "NCDENR"), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (hereinafter, "USEPA"), the FEDERAL HIGHWAY ADMINISTRATION (hereinafter, "FHW A"), the FEDERAL TRANSIT ADMINISTRATION (hereinafter, "FTA") and collectively referred 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/or revisions, regional emissions budget comparisons and conformity determinations ofLong Range Transportation Plans (hereinafter, "LRTP"), Metropolitan Transportation Improvement Programs (hereinafter, "TIPs"), and Regionally Significant Projects (hereinafter, "RSP"); WHEREAS, the Parties enter into this Agreement in accordance with Section 176(c)(4)(E) ofthe CleanAir Act (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) with respect to the conformity ofLRTPs, TIPs and FHW A/FTAprojects, which are developed, funded or approved bythe United States Department ofTransportation (hereinafter, "USDOT") andby the MPO or otherrecipients 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 andmaintenance areas; WHEREAS, the MPO desires to comply with the aforementioned federal laws and regulations and parallel state and local laws and regulations bypreparing, modifying and evaluating LRTPs and TIPs (which may include RSPs) in accordance with the SIP and in order to preserve the integrity ofthe SIP; WHEREAS, NCDOT desires to comply with the aforementioned federal laws and regulations and parallel state and local laws and regulations by assisting the MPO in its conformity determination in accordance with the State Transportation Plan and State Transportation Improvement Program (hereinafter, "STIP") and in orderto preserve the integrity ofthe SIP; WHEREAS, NCDENRdesires to assist the MPO in its compliance with the aforementioned federal requirements andmust enforce applicable state environmental laws andregulations; WHEREAS, USEPA desires to effectively enforce the relevant federal laws and regulations regarding air quality and compliance with SIP requirements; WHEREAS, FHW A desires to effectively enforce and administer the relevant aforementioned federal laws and regulations regarding metropolitan and statewide transportation planning and transportation conformity; 1WHEREAS, FTA desires to effectively enforce and administer the relevant aforementioned federal laws and regulations regarding metropolitan and statewide transportation planning and transportation conformity; and WHEREAS, the Parties wish to worktogetherto perform the duties imposedupon them by law and to coordinate among themselves for efficient and thorough planning for air quality in the 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 andrestrictions hereinafter set forth, the Parties hereby agree as follows: 

### PURPOSE The purpose ofthis MOA is to satisfy the requirement in Clean AirAct section 176(c)(4)(E) to create a state conformity SIP containingthe following three requirements ofthe Federal Transportation Conformity Rule, 40 CFRpart 93 subpart A: (1) 40 CFR 93.105, which addresses consultation procedures; (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 an Metropolitan Planning Organization's transportation plan andtransportation improvement program, and that such commitments be fulfilled; and (3) 40 CFR 93.125(c), which states that conformity SIPs must require written commitments to mitigation measures to be obtainedprior to a project-level conformity determination, and thatproject sponsors comply with 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 related pollutants, as to whether they comply with air emission levels and standards required by existing state and/or federal implementationplans for that region. 

### 1.2 "Consultation"

-- means when one Party confers with another identified Party, prior to any final decision, provides all information necessary to that Party needed for meaningful input, and considers and responds to the views ofthat Party in a timely written manner. 

### 1.3 "Interagency Consultation Conformity Determination Meeting"

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

### 1.4 "Long Range Transportation Plan" (LRTP) --means the official intermodal metropolitan transportation planthat is developed through the metropolitan planning process for the metropolitanplanning area, developedpursuantto 23 C.P.R. part 450.

21.5 "State Implementation Plan" (SIP)

-- means documents, including, butnot limited to, State adopted regulations, attainment demonstrations, and maintenance plans, submittedby North Carolina to, and approved by, the USEPA, orthe 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 meetings, sponsoredbyNCDENRto which all Parties are invited, including all MPOs and Regional Planning Organizations throughoutthe State, which are required to have air quality conformity determinations under Title 15A N.C.A.C. Subchapter 2D, Section .2000. 1.7 "Statewide Transportation Improvement 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 in the schedule set at the Interagency Consultation Conformity DeterminationMeeting(s). 1.9 "Transportation Providers"

- means public agencies that provide 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 Air Act (CAA), or willreduce transportationrelated emissions byreducing vehicle use or improving traffic flow 1.12 All other terms usedhereinbutnot 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 USEPA regulations, otherUSDOT regulations, or 15ANCAC 2D.

2.0 DUTIES OF THE PARTIES The roles andresponsibilities ofeach Party are defined below. 2.0.1 Each Party member shall determine which staffmembers will represent the Party inthe conformityprocess 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 andprovide their names and contact information to NCDENR. Itis the responsibility ofeach Party to notify NCDENR ofchanges in their appointed designee(s) or contact(s).

32.0.2 All Parties shall review and provide 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 onproject-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 whythey were not addressed in the subsequent version ofthe documentthat is distributed to all Parties. 

### 2.1 MPO DUTIES 2.1.1 The MPO, or its designee, shall sponsor the Interagency Consultation Conformity Determination Meetings and prepare meeting agendas and meeting materials required for fulfillment ofconsultation procedures outlined in this Agreement. Any adjacent MPO willbe 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 mannernotto exceed 14 days after the meeting. The other Parties may provide comments on meeting summaries/conclusions to, the MPO within a time manner notto exceed 14 days, copying other Parties. The MPO, or its designee, shall respond to comments from Parties in writing in a time manner notto exceed 14 days ofreceiving comments. The MPO's response to comments shall be distributed to all Parties. 2.1.3 The MPO shall consult withthe Parties onthe development process for LR TPs, TIPs and amendments thereto. This process will beginno later than one year prior to when the conformity determination is needed. 2.1.4 Notification ofthe LRTP and TIP revisions and amendments that add or delete non-exempt projects. 2.1.5 Before the MPO conducts conformity analyses and determinations, as initiatedunder the 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 andprotocol for conducting and performing conformity analysis prior to making a conformity determination. This meeting will take place not later than one yearprior to when the conformity determination is needed.

42.1.6 The MPO, or its designee, shall provide information requestedby other Parties to trackthe implementation oftransportation control measures funded bythe MPO, or local municipalities, and included in the SIP by the dates agreed to inthe 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 such responsibility to a thirdpartythrough an agreement with NCDOT and/or neighboring MPOs and associated transportation agencies to develop a regional travel demand model. Any Party delegating responsibility to a third party shall notify the third party, in writing, that all documentation is subject to the applicable public records law. Responsibility for development and maintenance ofa regional travel demand model shouldbe establishedthrough a separate memorandum ofagreementbetweenthe affected MPOs, NCDOT, and associated transportation agencies. 2.1.8 Upon writtenrequestby the Parties, the MPO, or its 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, or its designee, shall assist NCDENRandNCDOT ifneeded for modifications orrevisions to the SIP, which includes the assessment of effectiveness ofexisting Transportation ControlMeasures (TCMs) and implementation ofpotential TCMs for inclusion in the SIP, and providing critical inputto the SIP developmentprocess, 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, and three copies to FHW A (FHW A will coordinate the federal review effort and will forward the documents to FTA and USEPA unless an alternate coordination process is specifiedthrough interagency consultation). The MPO shall respond in writing to comments made by the other Parties on draft documents. 2.1.11 The MPO shall maintain procedures for public involvement inthe conformity determination process consistent with its adopted Public Involvement Procedures including receiving andresponding to public input on conformity findings, consistent with 23 CFR 450.316(a) and 40 CFR 93.105(e). 2.1.12 The MPO, or its designee, shall submit a writtenrequest 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 5

### 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 in the regional emissions analysis used in the 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 CPR 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 a change in membership occurs. 2.2.2 NCDENR shall participate in

### the Interagency Consultation Conformity Determination Meetings, sponsorthe SICM meeting, 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 and projection procedures to ensure consistency ofair quality and transportation system evaluation. 2.2.5 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 establishedby 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 PTA).

62.2.7 NCDENR shall keep the Parties apprised ofits SIP revision submittals and USEPA's approval thereofandprovide for and respond in writing to comments made bythe MPO andNCDOT and the other Parties in transportation-related SIP developmentprocesses. 2.2.8 NCDENR shall obtainMPO and NCDOT approval for the inclusion of transportation related TCMs (for any TCM funded by the federal and state transportationbudgets or local funds and where the implementing agency is the MPO) inthe 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 Determination Meeting. 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 inthe SIP. Additionally, NCDENR will consult with NCDOT and the MPO about what critical transportation related inputs for the SIP developmentprocess 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 comment period. 2.2.11 NCDENR shall consult andreviewproject narratives providedby NCDOT or appropriate project sponsorto determine ifthe project is an air quality concern for particulate matterbased on40 CFR 93. 2.2.12 NCDENR, at the written request ofNCDOT orthe MPO, shall provide appropriate emission factors to NCDOT orthe MPO for completion ofthe conformity analysis. NCDENR shall provide a schedule for completion of work within two (2) business days ofthe writtenrequest. NCDENR shall consult with NCDOT and/or the MPO for the availability and appropriate use oflocal data inthe latest EPA-approved emissions model. 2.2.13 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 inthe final report in accordance with the terms and conditions ofthis Agreement.

72.3 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 transportation plan, including programs and projects. 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 bythe dates agreedto in the Interagency Consultation Conformity Determination Meeting. 2.3.4 NCDOT shall participate in the development and review oftransportation system emissions modeling activities andprojectionprocedures to ensure consistency ofair quality and transportation system evaluation. 2.3.5 NCDOT shall review andprovide comments to the MPO on draft conformity analyses bythe dates agreedupon in the Interagency Consultation Conformity Determination Meeting 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 conductproject level conformity analysis for NCDOT sponsored projects as part ofthe NEPAprocess for FHW A/FTA projects located in the MPO boundary. 2.3.9 Enforceability ofDesign Concept and Scope andProject-Level Mitigation and Control Measures 2.3.9.1 The NCDOT shall obtain written commitments from the project sponsor and/or operator to 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. 8

### 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, andproject 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 DeterminationMeetings 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 FHW A and FTA shall assist NCDENR, NCDOT andthe MPOs as needed for modifications or revisions to the SIP, which will include the assessment ofeffectiveness ofexisting TCMs and implementation of potential TCMs for inclusion in the SIP. 2.4.4 FHW A and FTA shall assess the MPO's compliance with public participationpolicy andprocedures 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 reportby the MPO ofan amended and/or adopted transportationplan, program orproject subject to conformity analysis and determination according to this Agreementby the dates agreed to in the Interagency Consultation Conformity Determination Meetings. 2.4.7 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 FT A and USEPA unless an alternate coordination process is specified through interagency consultation.

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### 2.4.8 In accordance with 40 CFR 93.125(c), priorto 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 construction 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 bythe appropriate entities. 2.4.9 FHW A shall be responsible for final approval or rejection ofproject level conformity determinations on FHWAprojects. 

### 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 FHW A 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 subsequentrevisions, and ofcontrol strategy SIPs and any revisions. USEPA's determination ofapprovability shall be published in the Federal Register. 2.5.6 USEPA shall be consulted with and will review compliance for hotspot requirements relatedto individual FHW A/FTA projects and provide comment in writing.

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### 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 meetthe requirements ofthe current federal transportation authorizing legislation, andthe most current USDOT and USEPA regulations. Atthe time that a new orrevised 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 identifythe time frame eachnew project or service is expectedto become operational. 

### 3.2 PUBLIC PARTICIPATION Conformity determinations for LRTP andTransportation ImprovementProgram (TIPs) shall follow the specific public involvementprocess 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 mustprovide reasonable public access to technical andpolicy information consideredby the affectedparties in making the conformity determination. Conformity determinations inrural 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 CFRPart450, whichprovides opportunity for public review and commentpriorto formal action to update the STIP. Any charges imposed for public review and copying shouldbe consistent with applicable fee schedules including butnot limited to 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 concerning transportation planning generally and as itrelates to conformity analysis and determination. 

### 4.1 MEETING FREQUENCY SICM shall be 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.

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### 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 SICMmeeting need not be a face-to-face meetingbutmay occur by telephone, video or some otherpractical electronic means. 

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

### 5.0 INITIATING CONFORMITYDETERMINATIONS OR ANALYSIS 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 FHWA/FTA projects. 

### 5.1 EXEMPTIONS TO CONFORMITY DETERMINATIONS 5.1.1 Notification ofExempt Status Required-- The MPO shall notify the Parties ofadoption orapproval ofprojects determined to be exemptbythe MPO andprovide a basis for such exempt status. Notificationby the MPO shall also be made when the LRTP orTIP is revised to add or delete exempt projects as defined in 40 CFR 93.126, 93.127, and 93.128. Notification ofdeletedprojects 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 conflictresolution procedures.

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### 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 DeterminationMeeting to which all Parties ofthis Agreement shall be invited by the MPO, or its designee

.. The Interagency Consultation Conformity DeterminationMeeting shall be held priorto performing any conformity analysis or determination and shall address the specific processes outlinedin 40 CFR 93.105(c). The purpose is to coordinate early with the Parties on information regarding the choice ofsome majorparameters ofthe conformity analysis and to determine the schedule ofpreparation and review 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 conflict resolution procedures as outlined in Section 9.0 ofthis document. 

### 6.1 NOTICE OF MEETING The MPO, or its designee, shall provide at least fourteen (14) days prior written notice to the Parties that an Interagency Consultation Conformity Determination Meeting has been scheduled. Said prior notice shall also be given to local transportationproviders representedbythe 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.



### 6.2 MEETING PLACE, TIME AND AGENDA The meeting shall be 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 andmeeting 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 Determination Meeting may be bytelephone or teleconference so long as all the Parties agree. Ifsome Parties are unable to attend the Interagency Consultation Conformity DeterminationMeeting(s), the MPO or its designee shall consider whether meaningful consensus can be reached with the available Parties. Ifthe MPO or its designee determines the overall Party representation to be adequate, it shall document the meeting and provide all Parties with a summary of the important discussions and conclusions.

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### 6.3 CONSULTATION ON CONFORMITY ANALYSIS APPROACH The MPO, or its designee, shall outline, in the pre-analysis plan, the proposed methodologies to be used in the conformity analysis and share the pre-analysis plan with the Parties for comment at least 7 days priorto the meeting unless otherwise agreed upon byall 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 or higher 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 requiredby 40 CFR 93.113. If TCMs are not on schedule, Parties shall discuss whether 40 CFR 93.113(c)(1) can be met and what will occur if40 CFR 93.113(c)(1) cannotbe met; 6.3 .1.5 Choosing conformity tests and methodologies for areas outside the MPO boundary but within the nonattainment or maintenance 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 airbasin boundaries; 6.3.1.7 For the metropolitanplanning area that does not include the entire nonattainment ormaintenance area, the MPO andNCDOT 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 thatplans for construction ofRSPs, that are not FHW A/FTA projects, are disclosedto the MPO on a regular basis and any changes to those plans disclosed in writing to the MPO; 146.3.1.9 NCDOT andthe MPO, or its designee, will consult on the design, schedule and funding ofresearch and data collection efforts andregional 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 informationto each applicable Party after adoption or approval; 6.3 .1.11 Latestplanning 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 shallbe ajointresponsibility of NCDENR, the MPO andNCDOT. NCDENR shall submit (at the Interagency Consultation Conformity DeterminationMeeting) a list ofthe TCMs, which are in the applicable implementationplan andtheir SIP schedules, to be included in the LR TP orTIP. 6.3.3 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 inthe time frame established in the LRTP. NCDENR or its designee (at the request ofthe MPO) shall provide the emission factors to the MPO within a time agreed upon during the interagency consultations andto allow the MPO sufficient time to complete the conformity analysis on schedule. Additional meetings to address schedule changes ormodifications shall be scheduled as needed. Due to the difficulty in assembling all Parties at one time, subsequentmeetings may involve various subsets ofthe larger group. However, pertinent information discussed in these sub-meetings shall be shared with the otherParties as defined in Section 2.1.2. 6.3.4 TIP Conformity Analysis andDetermination

-- 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 maybe made via e-mail orpostal mail unless a Partymember identifies sufficientreasons for including such discussions in a scheduled face-to-face meeting. Ife-mail orpostal 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 ofanyproposed changes in procedure from the last TIP Conformity Analysis and Determination. The review and commenting procedures are outlined in Section 2.0.2.

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### 7.0 CONFORMITY ANALYSIS RESULTS AND REPORTING The draft conformity analysis report shall be circulated to the Parties defined during the Interagency Consultation Conformity Determination Meeting for their review prior to releasing said draft report for public review as requiredbyTitle 15A N.C.A.C. 2D. 2003. After the Parties' twenty-one (21) day review period, or review period agreedupon by all Parties, the MPO shall provide public review and comments ofthe draft report in accordance with the MPO's public 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 period has ended and after public participation. 

### 7.1 DOCUMENTATION OF CONFORMITY ANALYSIS The conformity analysis shall document all assumptions andrelevant information used to determine the impact ofthe LRTP, TIP or FHWA/FTA project ontravel and emissions in the region. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report shall include, but notbe limitedto, following documentation: 7.1.1 Forecasts ofpopulation, household and employment in the analysis shall be either mentioned or referenced in report; 7.1.2 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 CFR450.316(a) and 40 CFR 93.105(e). 7.2.1 Evaluation ofComments from the Public-- After the completion ofthe public comment period, the comments received from the public on the conformity analysis, shall be addressed in the final report and may be raised in an additional meeting between the Parties. Comments may be 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 bythe Parties, to consider and discuss the comments and determine whether further conformity-related analysis is needed.

16

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

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

### 8.2 NCDENR OBJECTION TO CONFORMITY DETERMINATION lfNCDENR objects to the MPO's conformity determination, NCDENRmay 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 withthe 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. 

### 8.3 

### 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 ofNCDENR mayprovide a writtenrequest ofreview by the Secretary of the USDOT seeking a resolution among the FHW A and FT A. 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 establishedto address the possibility that certain conflicts may arise that cannotbe resolved among the designatedrepresentatives ofthe Parties. Itis the purpose ofthis section to address such situations.

17

### 9.1 RESOLUTION OF CONFLICTS AT THE STATE LEVEL 9.1.1 Conflicts Arising Prior to Conformity Determination

-- Any conflict or disagreement between NCDOT, NCDENRand the MPO causing a lack of consensus among the state Parties as to acceptance ofMPO conformity analysis maybe 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 resolvedbythe 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 Resolution Negotiators who are defined as follows: NCDOT

-- the Transportation Planning Branch Manager 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. 9.1.1.2 

### Level II Resolution- Ifthe Level I Resolution Negotiators are unable to resolve the dispute, it maybe 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 or his/her designee. The Level II ResolutionNegotiators shall have ten (10) business days to resolve the matter by mutually agreed upon meeting forum, including, butnot limited to face-to-face meetings, telephone and e-mail. 9.1.2 Conflicts Arising AfterMPO Regional Conformity Determination

-- After the MPO has made its conformity determination byresolution and adoption/approval, NCDENRmay appeal said conformity determination byresolution and adoption/approval to the Governor ofNorth Carolina within fourteen (14) days ofconfirmation thatNCDENRreceived notice. IfNCDENR appeals to the Governor, the final conformity analysis and determination must have the concurrence ofthe Governor ofNorth Carolina. NCDENR shall provide written notice ofappeal under this subsection to the Chairperson ofthe MPO, the Secretary ofNCDOT, the FHW A North Carolina Division Administrator, and the USEPA and FTA Region 4 Administrators. Notwithstanding NCDENR's right ofappeal, if NCDENR supports the final conformity determination, NCDENRmay voluntarily waive its right ofappeal, in writing. 18

### 9.1.1.2 

### Level II Resolution- If

### the Level I Resolution Negotiators are unable to resolve the dispute, it maybe 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 or his/her designee. The Level II Resolution Negotiators shall have ten (10) business days to resolve the matterby mutually agreed upon meeting forum, including, but not limited to face-to-face meetings, telephone and e-mail. 9.1.2 Conflicts Arising After MPO Regional ConformityDetermination After the MPO has made its conformity determination byresolution and adoption/approval, NCDENRmay appeal said conformity determination byresolution and adoption/approval to the Governor ofNorth Carolina within fourteen (14) days ofconfirmation that NCDENR received notice. lfNCDENR appeals to the Governor, the final conformity analysis and determination must have the concurrence ofthe Governor ofNorth Carolina. NCDENR shall provide written notice ofappeal under this subsection to the Chairperson ofthe MPO, the Secretary ofNCDOT, the FHWA North Carolina Division Administrator, and the USEPA and FTA Region 4 Administrators. Notwithstanding NCDENR's right ofappeal, if NCDENR supports the final conformitydetermination, NCDENR may voluntarily waive its right ofappeal, in writing. 9.1.2.1 

### Resolution ofNCDENR Appeal --The Governor may delegate his or her role in this appeals process to another official or agency within the State, but not to the head or staffofNCDENR, NCDOT, MPO, the North Carolina Board ofTransportation, or any agency that has responsibility for any one ofthese functions. If

### the NCDENR does not appeal to the Governor within fourteen (14) days ofthe MPO's notification ofconformity on the 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 ofFHW A and FTA to raise issues prior to the end of any agreed upon review period. IfFHW A or FTA determines there is a significant issue, it is that agency's affirmative responsibilityto arrange a meeting with the Parties to resolve the issue prior to writing negative comments or finding that the LRTP or TIP in question does not conform to the intent ofthe North Carolina SIP.

19If, 

### after the fourteen (14) day prior notice ofthe MPO's final conformity determination by resolution and approval/adoption, NCDENR has not appealed said final conformity determination (or waived it's right to appeal earlier), FHW A and FTA may provide 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 period the FHW A and FTA are in disagreement overthe approval or rejection ofthe conformity determination, the FHW A and FTA may escalate the conflict among their respective agencies in an attempt to resolve the issue within the forty-five (45) days time period. 9.2.2 Rejection bythe Federal Agencies

-- Ifthe FHW A and FTA reject the conformity determination, the MPO, NCDOT or NCDENR may appeal said rejection to the Secretary ofUSDOT. 9.2.3 No Action after Forty-Five (45) Days-- If

### after forty-five (45) days, no written approval orrejection has been provided from FHWA and FTA, the Secretary ofNCDOT, the Chairperson ofthe MPO or the Secretary of NCDENR may provide a written request ofreview by the Secretary ofthe USDOT seeking a resolution among the FHW A and FTA.



### 10.0 MODIFICATIONS OF AGREEMENT The Parties may propose revision(s) to this MOA, and request that Parties meet to consider such a revision. A change in duties will require this MOA to be reviewed.



### 11.0 TERMINATION OF AGREEMENT 11.1 TERMINATION AND RENEWAL The natural term ofthis MOA is five (5) years from the date ofexecution. The MOAwill be reviewed to ensure it reflects the current transportation conformity regulation requirements and all parties consulted before the MOA is renewed every five (5) years. Ifa Party desires to re-negotiate a new agreement, the canceling Party must provide written notice to all other Parties at least six (6) months prior. 

### In the event that a Party seeks to renegotiate the MOA and an agreement on the new MOA is not reached prior to the expiration ofthe 5-year term, the previous MOA will remain in effect until such time as a new agreement is approved by all Parties and formally adopted into the SIP.

20

### 12.0 SAVINGS PROVISIONS AND OTHER 12.1 This MOA does not change any ofthe requirements and obligations contained in any existing law orregulation, including but not limited to Clean Air Act, transportation conformity regulations ( 40 CFRParts 51 and 93), National Environmental Policy Act (NEPA), orthe North Carolina Administrative Code at 15A NCAC. In the event ofconflictbetween the provisions ofthis agreement and an existing regulatory provision, the regulatory provision shall prevail. 12.2 Upon its executionbythe Parties this MOA supersedes any and all previous agreements betweenthe signatories withrespect to matters addressedherein. 

### 12.3 This MOA does not create any, nor does it affect any existing, administrative orjudicialright ofthe Parties. 

### 12.4 Ifanyprovision ofthis MOA is rendered or declared invalidby any final court action or decree, or byreason 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 

# tS day of

## FE~

# \SUAve

# 'l ,2011. BURLINGTON GRAHAM MPO By: 

## LeoN 1\R\:1 

# \J, LL,AV\\ s 

### Name:

# Ju~**laL~ Titl;T~**  (_

# C\'\A',iZ_~A-N

22

### INWITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 

# 1-W\ dayof

### Faa~ ,2011. 

### NCDOT By 

# fj:t2**~i** Name:

# ~cy.rte_ 

# A.**0/\it~** 

# .**Title: )ec~**  

# o.P**=&.~~'D(\**

23

### IN 

### WITNESS;WHEREOF, the Parties have executed this AGREEMENT ori this the 

# lzi=b-- day of ,

### ~q 1\

### u.a.

## c

# y '2011.**NCDE~~,.** 

## \ .I 

## /J 

# g By:

## P~u"'**~I:P/~** 

# .""

.. A 't-

### Name:~e . 

### \=f"t€**fY\CL~'-**

## Title6ec\-e.~:;-'-l l 

## j\}c__:DErJg_

24

### IN**WITNE~** 

### WHEREOF, 

### the Parties haveJecutedthis AGREEMENT on this The

-

### dayof~j ,2013. USEPA

# ~~r~n«o" Name: Gwendolyn Keyes Fleming Title: Regional Administrator

25

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the / )... / ?i 

### day of 

# ;nMLI.._ ,2011. 

# FH;;: d**~C** By:

## ~**..** 

## '4f. Na :JohnF. Sullivan III, P.E. Title: FHWA NC Division Administrator



### 26

### INWITNESS WHEREOF, 

### thekhave executed this AGREEMENT 

### on this the 

### S 'l-h day of \ , 2011. 

### FTA 

### By: Yvette 

### G. Taylor

# Nam~~n-s::iJ Title: Regional Administrator



### 27