### MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made as ofthe last day written below, by and betweenthe CABARRUS-ROWAN METROPOLITAN PLANNING ORGANIZATION (hereinafter, "MPO"), the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, "NCDOT"), the NORTH CAROLINA DEPARTMENT 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 referredto hereinafter as the Parties.

RECITALS WHEREAS, the Parties enterinto 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 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 Clean Air Act (hereinafter, "CAA''), as amended (42 U.S.C. 7401 et seq.) withrespect to the conformity ofLRTPs, TIPs andFHW AIFTA projects, which are developed, funded or approved bythe United States Department ofTransportation (hereinafter, "USDOT") and by the MPO or other recipients offunds under Title 23 U.S.C., orthe 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 and regulations and parallel state andlocal laws andregulations bypreparing, modifYing and evaluating LRTPs and TIPs (which may include RSPs) in accordance with the SIP and in orderto 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 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 and must enforce applicable state environmental laws and regulations; 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 andregulations regarding metropolitan and statewide transportation planning and transportation conformity; and WHEREAS, the Parties wishto worktogetherto performthe duties imposedupon themby law andto coordinate amongthemselves for efficient and thorough planning for air quality inthe geographic area included withinthe 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 subpart A: (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 obtainedprior to a conformity determination ifthe control measures are not included in anMetropolitan Planning Organization's transportation plan 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, andthatproject 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 complywith air emission levels and standards requiredby existing state and/or federal implementationplans for thatregion. 1.2 "Consultation"

-- means when one Party confers with another identifiedParty, 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 calledby the MPO or its designee and opento all Parties, designedto establish agreeduponprocedures, protocols, and schedules for conducting a conformity analysis and determination. 1.4 "LongRange Transportation Plan" (LR TP)

-- means the official intermodal metropolitan transportationplanthat is developed through the metropolitan planning process for the metropolitanplanning area, developedpursuantto 23 C.F.R. part 450.

21.5 "State Implementation Plan" (SIP)

-- means documents, including, butnot limited to, State adopted regulations, attainment demonstrations, and maintenance plans, submittedbyNorth Carolina to, and approvedby, the USEPA, orthe most recent 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 pursuant to the provisions ofthose sections. 1.6 "Statewide Interagency ConsultationMeetings" (SICM)

-- refers to regularly scheduled informational meetings, sponsoredbyNCDENR to 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 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 planningprocesses and LRTPs, TIPs and processes. 1.8 "Timely"

- means within the timeframe agreed to in the schedule set at the Interagency Consultation Conformity Determination Meeting(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 will reduce transportationrelated emissions by reducing vehicle use or improving traffic flow 1.12 All other terms used herein butnot defined in this Agreement shall have the meaning given to them bythe CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other USEPA regulations, other USDOT regulations, or 15ANCAC 2D.

2.0 DUTIES OF THE PARTIES The roles and responsibilities ofeach Party are defined below. 2.0.1 EachParty member shall determine which staffmembers will representthe 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).

32.0.2 All Parties shall review andprovide comments to the MPO on draft LRTPs, TIPs, and conformityanalyses. 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/FTAprojects 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 sponsor the Interagency Consultation Conformity Determination Meetings and prepare meeting agendas and meeting materials required for fulfillment ofconsultationprocedures outlined in this Agreement. Any adjacent MPO will be invitedto 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 mannernot 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 LRTP and TIP revisions and amendments that add or delete non-exemptprojects. 2.1.5 Before the MPO conducts conformity analyses and determinations, as initiated under the terms and conditions ofthis Agreement, the MPO, or its designee, shall initiate and facilitate an Interagency Consultation Conformity Determination Meeting with all Parties on proposed procedures and protocol for conducting and performing conformity analysis prior to making a conformity determination. This meeting will take place not later than one yearpriorto when the conformity determination is needed.

42.1.6 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 bythe 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/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 subjectto the applicable public records law. Responsibility for development and maintenance ofa regional travel demand model shouldbe established through a separate memorandum ofagreementbetweenthe affected MPOs, NCDOT, and associated transportation agencies. 2.1.8 Upon written request by the Parties, the MPO, or its designee, shall provide all Parties with available travel data needed to determine various transportation emissions budgets, ifthey are responsible for this data. 2.1.9 The MPO, or its designee, shall assist NCDENR and NCDOT ifneeded for modifications or revisions to the SIP, which includes the assessment of effectiveness ofexisting Transportation Control Measures (TCMs) and implementation ofpotential TCMs for inclusion in the SIP, and providing critical input to 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 and related conformity determination to the NCDOT, NCDENR, and three copies to FHWA (FHW A will coordinate the federal review effort and will forward the documents to FTA andUSEPA 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 in the conformity determinationprocess consistent with its adopted Public Involvement Procedures including receiving and responding 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 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



### 52.1.13.1 Priorto 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 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 a change in membership occurs. 2.2.2 NCDENR shall participate inthe 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. NCDENRis to develop the applicable motor vehicle emissionbudgets in consultation with the Parties to ensure that accurate and up-to-date data assumptions are beingused at the initial phases ofthe development ofthe SIP bythe deadline establishedby NCDENR during the consultationprocess. NCDENR shall update the SIP consistent with Federal CAArequirements. 2.2.6 NCDENR shallprovide applicable transportation-related emissionbudgets and revisions to the NCDOT, MPO, and USDOT (FHW A and FTA).

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 and NCDOT and the other Parties in transportation-related SIP development processes. 2.2.8 NCDENR shall obtain MPO and NCDOT approval for the inclusion of transportation related TCMs (for any TCM funded by the federal and state transportation budgets 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 with NCDOT and the MPO, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. Additionally, NCDENR will consult with NCDOT and the MPO about what critical transportation related inputs for the SIP development process should be 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 and review 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 writtenrequest. NCDENR shall consult with NCDOT and/or the MPO for the availability and appropriate use oflocal data in the 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 in the 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 ofarevised statewide transportationplan, 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 transportationplans and the STIP. 2.3.3 NCDOT shall consult with the Parties to develop LRTPs, TIPs and amendments thereto bythe dates agreed to 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 and provide comments to the MPO on draft conformity analyses by the dates agreedupon inthe 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 agreed to in the Interagency Consultation Conformity DeterminationMeeting. 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 NEPA process for FHWA/FTA projects located in the MPO boundary. 2.3.9 Enforceability ofDesign Concept and Scope and Project-Level Mitigation and Control Measures 2.3.9.1 The NCDOT shall obtain written commitments from the project sponsor and/or operatorto fulfill and complete all ofthe projects and operations identifiedby the 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. 82.3.9.3 Written commitments to mitigation measures mustbe obtained priorto 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 DeterminationMeetings and other appropriate committees/meetings establishedto advise the Parties on the development oftransportation plans, programs and projects, 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, andpolicy 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 FHWA 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 FHWA and FTA shall provide written comments to the other Parties concerning both draft and final conformity findings in accordance with the terms ofthis Agreement. The final conformity fmding made by FHW A shall be consistent with the requirements ofthe national conformity memorandum ofunderstanding. 2.4.6 FHWA shall review andprovide 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 Agreement by 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 andrelated conformity determination to the FTA and USEPA unless an alternate coordinationprocess is specifiedthrough interagency consultation.

92.4.8 In accordance with 40 CFR 93.125(c), priorto making a project-level conformity determination for a transportation project, FHWA 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 by the appropriate entities. 2.4.9 FHWA 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 and projects, 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 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 consultedwith and will review compliance for hotspot requirements related to individual FHW A/FTA projects andprovide comment in writing.

103.0 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, andthe most current USDOT and USEPA regulations. At the time that a new orrevised transportation plan is proposed, the MPO, in cooperation with NCDOT and local transportation planning agencies, shallprepare a list ofnew ormodified transportation projects and services included in the transportationplan and identify the time frame eachnew project or service is expectedto become operational. 3.2 PUBLIC PARTICIPATION Conformity determinations for LRTP and TransportationImprovement Program (TIPs) shall follow the specific public involvementprocess establishedbythe MPO, consistent with the requirements of23 CFR Part 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 consideredby the affectedparties in making the conformity determination. Conformity determinations inmral portions ofnonattainment and maintenance areas outside and adjacent to the MPO boundaries shall follow the specific public involvement process establishedbyNCDOT, consistent withthe requirements of23 CFRPart 450, whichprovides opportunity for public review and comment priorto formal action to update the STIP. Any charges imposed for public review and copying shouldbe consistent with applicable fee schedules includingbutnot 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 concerning transportation planning generally and as itrelates to conformity analysis and determination. 4.1 MEETING FREQUENCY SICM shall be heldmonthly unless otherwise agreeduponby all Parties. Meeting dates shallbe determined byNCDENR after consultation with the Parties. The meeting shall consist ofupdates and otherpertinent information providedby each Party.

114.2 SPECIAL MEETINGS IfNCDENR determines, in consultation with other Parties, a need for an unscheduled Statewide Interagency ConsultingMeeting and there is a consensus among the Parties to have an unscheduled meeting, NCDENRmust provide 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 shallbe determinedbasedupon convenience and agreement bythe Parties. NCDENR shall provide all Parties, including all Statewide MPOs, advanced notice ofthe meeting time, location and agenda. Ifnecessary and convenient, the SICM meeting need not be a face-to-face meeting but may occurby telephone, video or some otherpractical electronic means. 4.4 DISCUSSION OF SIP RELATED ISSUES NCDENR shall use the SICMmeeting as an opportunity to update the Parties on SIPs under development and SIP revisions submittedto USEPA. NCDENR shall allow the Parties to review and comment on transportation-related SIP issues andrespond to said comments. See Section 2.0.2 for the generalprocess for commenting andresponding to comments.

125.0 INITIATING CONFORMITY DETERMINATIONS 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 FHWAJFTA 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 exemptby the MPO andprovide a basis for such exempt status. Notificationby the MPO shall also be made when the LR TP or TIP is revised to add or delete exempt projects as defined in 40 CFR 93.126, 93.127, and 93.128. Notification ofdeleted projects does not have to be made priorto an MPO action

.. 5.1.2 Objection to Exempt Determination-- Ifthe Parties disagree with the MPO's finding that the amendment to the LR TP orTIP 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 Whenthe need for conformity analysis and determination is initiated in accordance with this Agreement and aforementionedregulations, the MPO, or its designee, shall call an Interagency Consultation Conformity DeterminationMeetingto which all Parties ofthis Agreement shall be invitedbythe MPO, or its designee

.. The Interagency Consultation Conformity Determination Meeting shallbe heldpriorto 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 withthe Parties on information regarding the choice ofsome majorparameters ofthe conformity analysis and to determine the schedule ofpreparation and review ofthe analysis. All ofthe information agreed upon 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, or its designee, shall provide at least fourteen (14) days prior written notice to the Parties that an Interagency Consultation Conformity DeterminationMeeting has been scheduled. Said prior notice shall also be given to local transportation providers representedbythe MPO. However, the Parties may waive the fourteen (14) day advance notice requirement ifall Parties agree that an earlier scheduled meeting is inthe best interest ofthe Parties.

136.2 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 and meeting materials at least five (5) business days prior to the meeting. The Parties shall have the opportunity to add agenda items and willbe 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 orteleconference so long as all the Parties agree. Ifsome Parties are unable to attend the Interagency Consultation Conformity DeterminationMeeting(s), the MPO orits designee shall consider whether meaningful consensus canbereached 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. 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 meetingunless otherwise agreedupon byall Parties. 6.3.1 Interagency Consultation Procedures-- The issues listed in 40 CFR 93.105 (c) shallbe 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 andregional emissions analyses; 6.3.1.2 Determining which minor arterial and othertransportation projects shouldbe consideredRegionally 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 requiredby40 CFR 93.113. If TCMs are not on schedule, Parties shall discuss whether 40 CFR 93 .113(c)(1) can be met and whatwill occur if40 CFR 93.113(c)(l) cannot be met;

146.3.1.5 Choosing conformity tests and methodologies for areas outside the MPO boundarybut 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 air basinboundaries; 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 or maintenance area through interagency consultation meetings; 6.3.1.8 Ensuring thatplans for construction 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, orits designee will provide fmal 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 shallbe used for assuring implementation ofTCMs, which shall be ajointresponsibility of NCDENR, the MPO and NCDOT. NCDENR shall submit (at the Interagency Consultation Conformity Determination Meeting) a list ofthe TCMs, which are in the applicable implementationplan and their SIP schedules, to be included in the LRTP orTIP.

156.3.3 Scheduling Implementation-- The MPO or its designee shall provide a list oftransportation system elements from the most recent conforming LRTP for inclusion in the current TIP to be completedinthe 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 shallbe 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-relatedissues. 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 Party member identifies sufficient reasons for including such discussions in a scheduled face-to-face meeting. Ife-mail orpostal mail is used, the MPO shall outline the mannerin 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 shallbe circulatedto the Parties defined during the Interagency Consultation Conformity Determination Meeting for theirreview priorto releasing said draft report for public review as requiredbyTitle 15AN.C.A.C. 2D. 2003. After the Parties' twenty-one (21) day review period, orreview period agreed uponby all Parties, the MPO shall provide public review and comments ofthe draft report in accordance with the MPO's public participationpolicies and procedures. The MPO shall not make conformity determination or plan adoption or approval until after the agency review is completed orthe required reviewperiodhas ended and after public participation. 7.1 DOCUMENTATION OF CONFORMITY ANALYSIS The conformity analysis shall document all assumptions and relevant information used to determine the impact ofthe LRTP, TIP or FHW A/FTA project ontravel and emissions in the region. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report shall include, butnotbe limitedto, following documentation: 7.1.1 Forecasts ofpopulation, household and employment inthe 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 afterreceiving the results ofthe draft conformity analysis andreport. 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 may be 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 withthe 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.

8.0 CONFORMITY DETERMINATION ADOPTED BY MPO RESOLUTION The MPO maymake a conformity determination and approval/adoption ofthe LRTP, TIP, RSP or applicable transit project after addressing conformityrelated objections and concerns raised byboththe public and the Parties. 8.1 NOTIFICATION OF MPO RESOLUTION The MPO shall provide PHW A and NCDOT with written notification ofa conformity determinationbyMPO resolution within the time period agreed upon during interagency consultation meetings. The MPO shall include, along withthe notification, a copy ofthe final conformity analysis and report. PHW A will be responsible for distribution ofthe final conformity analysis and report to the USEPA and PTA for formal review. 8.2 NCDENR OBJECTION TO CONFORMITYDETERMINATION IfNCDENR 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 shallbe in accordance with the ConflictResolution 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 CONFORMITY DETERMINATION 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 ofNCDENRmayprovide a writtenrequest ofreviewbythe 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 ConflictResolution 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 and protocol 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 Priorto Conformity Determination

-- Any conflict or disagreementbetween NCDOT, NCDENR and the MPO causing a lack of consensus among the state Parties as to acceptance ofMPO conformity analysis maybe resolved in the manner describedbelow. IfNCDOT or NCDENRobjects to the proposed conformity analysis priorto the MPO making a conformity determinationby resolution, the issue maybe resolvedbythe following procedure: 9.1.1.1 Level I Resolution

-- After the objecting Party gives five (5) days written notice to the otherParty 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 PlanningBranch 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 agreed upon meeting forum, including, butnot limitedto, face-to-face meetings, telephone and e-mail.

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 matterbymutually agreed upon meeting forum, including, but not limited to face-to-face meetings, telephone and e-mail. 9.1.2 Conflicts Arising AfterMPO Regional ConformityDetermination

-- After the MPO has made its conformity determination byresolution and adoption/approval, NCDENR may appeal said conformity determination by resolution and adoption/approval to the Governor ofNorth Carolina within fourteen (14) days ofconfirmation that NCDENR received notice. If

### NCDENR 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 conformity determination, 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. If

### FHW 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 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 approvaVadoption, NCDENRhas not appealed said final conformity determination (or waived it's right to appeal earlier), FHW A and FT A 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

-- If

### the FHW A and FTAreject 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 FHW A and FTA, the Secretary ofNCDOT, the Chairperson ofthe MPO or the Secretary of NCDENR mayprovide a written request ofreview bythe Secretary ofthe USDOT seeking a resolution among the FHW A and FTA.



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

### a 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.



### 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 CFRParts 51 and 93), National Environmental Policy Act (NEPA), or the North Carolina Administrative Code at 15ANCAC. In the event ofconflictbetween the provisions ofthis agreement and an existing regulatory provision, the regulatory provision shall prevail. 12.2 Upon its executionby the 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 shallremain 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" oftheNorth Carolina Rules ofCivil Procedure shall apply.

21

### IN WITNESS WHEREOF, 

### the Parties have executed this AGREEMENT on this the 2nd 

### day of March , 2011. 

### MPO



### Name: Richard Burleyson Title: Cabarrus-Rowan TAC Chair

22

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

### this the 

# ]:tV\ day of

### t<Aa~ 

# ,2011. 

### NCDOT By

# ~t: !0::

Name 

# :gne. -{j. (bcxh'

1

# Title**SC~a:J ~f:=frao>p~**  "n

23

### IN**WITN~1t-** 

### WHEREOF, the Parties have executedthis AGREEMENT on this the 

### J13 day of 

## <--Jqn

# QC\\:J ,2011.**NCDE~** By:

# \d~t2,Jd~~ Name])ee 

# A. t\tt::f't\CiY'-



### 24

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

## J?IM- day 

### of

## ~uM..) ,2013. 

## y USEPA By

# #~ri/;;~"'rf Name: Gwendolyn Keyes Fleming Title: Regional Administrator

25

### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the .:J-f.S/ 

### day of

### IJ1~ 

## ,2011. FHWA

# By:**rj ~fi**  Name: John F. 

### Sullivan III, P.E. Title: FHWA NC Division Administrator



### 26

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

## ~. dayof

## ~~\ ,2011. FTA By: Yvette 

### G.**Ta)yl~** 

# Nam:\r fj. Title: Regional Admlnlst rator



### 27