MEMORANDUM OF AGREEMENT 

THIS MEMORANDUM OF AGREEMENT (MOA), made as of the last day written below, by 

and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter, 

"NCDOT"), the NATIONAL PARK SERVICE (hereinafter, "NPS"), NORTH CAROLINA 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter, 

"NCDENR"), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

(hereinafter, "USEPA"), the FEDERAL HIGHWAY ADMINISTRATION-EASTERN 

FEDERAL LANDS HIGHWAY DIVISION (hereinafter, "FHWA-EFLHD"), the FEDERAL 

TRANSIT ADMINISTRATION (hereinafter, "FTA") and collectively referred to hereinafter as 

the Parties. 

PURPOSE 

The purpose of this MOA is to satisfy the requirement in Clean Air Act section 176(c)( 4)(E) 

[Title 42 of the U.S. Code 7506(c)(4)(E)] to create a state conformity State Implementation Plan 

(SIP) containing the following three requirements of the Federal Transportation Conformity 

Rule, in the Code of Federal Regulations (CFR) at 40 CFR part 93 subpart A: (1) 40 CFR 

93.105, which addresses consultation procedures; (2) 40 CFR 93.122(a)(4)(ii), which requires 

written commitments to control measures that are not included in the Statewide transportation 

improvement program prior to a positive conformity determination, and that such commitments 

be fulfilled; and (3) 40 CFR 93.125(c), which require written commitments to mitigation 

measures to be obtained prior to a positive conformity determination, and that project sponsors 

comply with such commitments. 

This MOA is for the purpose of conducting cooperative planning and analysis of, and 

determining transportation conformity for all transportation projects in the designated rural 

nonattainment and maintenance areas of Great Smoky Mountains National Park within North 

Carolina. This MOA satisfies the requirement of 40 CFR 93.109 and 23 CFR 93.106 which 

requires the State Department of Transportation to be responsible for making the conformity 

determination in isolated rural areas. The provisions of this MOA will apply only to individual 

non-exempt transportation projects located within the limits of the Great Smoky Mountains 

National Park in North Carolina. The FHWA-EFLHD in consultation with the NPS will, in 

accordance with 40 CFR 93.126, .127 and .128, determine which transportation projects 

proposed within the limits of the Great Smoky Mountains National Park in North Carolina are 

non-exempt and therefore subject to the provisions of this MOA. 

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1.0 DEFINITIONS 

1.1 "Conformity"-- refers to the status of transportation plans, programs and projects 

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 implementation plans 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 of that Party in a timely 

written manner. 

1.3 "Interagency Consultation Conformity Determination Meeting" -- refers to a 

meeting called by NCDOT or its designee and open to all Parties, designed to 

establish agreed upon procedures, protocols, and schedules for conducting a 

conformity analysis and determination. 

1.4 "State Implementation Plan" (SIP) -- means documents, including, but not limited 

to, State adopted regulations, attainment demonstrations, and maintenance plans, 

submitted by North Carolina to, and approved by, the USEPA, or the most recent 

revision thereof, in accordance with Sections 110, 30l(d) and 175(A) ofthe CAA 

(42 U.S.C. 7410, 7601, and 7505(a)) and regulations promulgated by USEPA 

pursuant to the provisions of those sections. 

1.5 "Statewide Interagency Consultation Meetings" (SICM) -- refers to regularly 

scheduled informational meetings, sponsored by NCDENR to which all Parties that 

are required to have air quality conformity determinations under Title 15A 

N.C.A.C. Subchapter 2D, Section .2000 are invited, including all Metropolitan 

Planning Organizations (MPOs ), and Rural Planning Organizations (RPOs) 

throughout the State. 

1.6 "Statewide Transportation Improvement Program" (STIP) --means a staged, multiyear, statewide, intermodal program of transportation projects, which is consistent 

with the statewide transportation plan and planning processes. 

1. 7 "Timely" means within the time frame agreed to in the schedule set at the 

Interagency Consultation Conformity Determination Meeting(s). 

1.8 "TIP"- Transportation Improvement Program developed by FHWA- EFLHD in 

coordination with NPS. 

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. 

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1.11 "Exempt and Non-Exempt Project"- Exempt projects do not add capacity and are 

defined in accordance with 40 CFR 93.126-129 

1.12 All other terms used herein but not defined in this Agreement shall have the 

meaning given to them by the CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other 

USEPA regulations, other USDOT regulations, or 15A NCAC 2D. 

2.0 ROLES AND RESPONSIBILITIES 

The roles and responsibilities of each Party are defined below 

2.0.1 Each Party member shall determine which staff members will represent the Party 

in the conformity process and shall take responsibility to see that the appropriate 

representatives are available to ensure a cooperative process and adequate 

communication among the Parties. Each Party shall provide their names and 

contact information to NCDENR and notify NCDENR of changes in their 

appointed designee(s) or contact(s). 

2.0.2 All Parties shall review and provide comments to NCDOT on projects in 

designated rural nonattainment and maintenance areas of Great Smoky Mountains 

National Park within North Carolina utilizing Title 23 funds. The FHWAEFLHD TIP submittal each year (at end of Federal Fiscal year) to NCDOT will 

indicate the "exempt/non-exempt status" as determined by FHWA-EFLHD in 

consultation with NPS. 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-EFLHD/FTA projects. Parties shall provide their timely review 

comments to these agencies within 30 days of receipt of draft documents unless 

an alternate deadline has been agreed upon at a consultation meeting. The 

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 of the document that is distributed to all Parties. 

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2.1 NCDOT 

2.1.1 NCDOT shall sponsor the Interagency Consultation Conformity 

Determination Meetings, if it is determined there are non-exempt projects, 

and prepare meeting agendas, meeting materials and meeting summaries 

required for fulfillment of consultation procedures outlined in this 

Agreement. Meeting summaries and conclusions shall be provided to 

Parties within 7 days unless an alternative deadline has been agreed upon 

at a consultation meeting. NCDOT shall also participate in other 

appropriate committees/meetings established to discuss with the Parties on 

the development of a revised statewide transportation plan and STIP 

amendments. A complete conformity determination takes approximately 

one year to complete, therefore, the first interagency consultation meeting 

should begin no later than one year prior to when the conformity 

determination is needed. 

2.1.2 NCDOT in coordination with other affected agencies will conduct 

transportation conformity regional emission analyses for the entire 

nonattainment area which will comply with the applicable requirements of 

40 CFR Part 93. The first interagency consultation meeting with all 

Parties will determine the proposed procedures and protocol for 

conducting and performing conformity analysis. 

2.1.3 NCDOT shall be responsible for the development and maintenance of 

tools appropriate for the conformity analyses for the Great Smoky 

Mountains National Park area in consultation with the Parties. NCDOT 

shall participate in the development and review of transportation system 

emissions modeling activities and projection procedures to ensure 

consistency of air quality and transportation system evaluation. NCDOT 

shall provide all Parties with available travel data and assist NCDENR as 

needed for modifications or revisions to the SIP, which will include the 

assessment of effectiveness of existing Transportation Control Measures 

(TCMs) and implementation of potential TCMs for inclusion in the SIP, 

and providing critical input to the SIP development process, such as 

vehicle miles traveled (VMT) and speed assumptions for various road 

classifications. 

2.1.4 NCDOT shall provide information requested by other Parties to track the 

implementation ofTCMs included in the SIP. 

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2.1.5 NCDOT shall submit concurrently, upon completion, a draft conformity 

determination report to the NCDENR, NPS and to FHW A-EFLHD 

(FHW A-EFLHD will coordinate the federal review effort and will forward 

the documents to FT A and USEP A unless an alternate coordination 

process is specified through interagency consultation). NCDOT shall 

respond in writing to comments made by the other Parties on draft 

documents. 

2.1.6 NCDOT shall maintain procedures for public involvement in the 

conformity determination process consistent with its Unified Public 

Engagement Process including receiving and responding to public input 

on conformity findings, consistent with 23 CFR 450.316(a) and 40 CFR 

93.105(e). 

2.1.7 NCDOT 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, as well as local hot spot analysis, prior to making a positive 

conformity determination. NCDOT shall obtain written commitments to 

mitigation measures 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 

2.2.1 NCDENR shall participate in the Interagency Consultation Conformity 

Determination Meetings and other appropriate committees established to 

advise the Parties on SIP and emissions control strategies and programs 

particularly as these relate to transportation issues. 

2.2.2 NCDENR shall sponsor the SICM Meetings on a regular basis for the 

purpose of keeping all Parties and all RPOs /MPOs and NPS abreast of 

new information concerning transportation planning generally as it relates 

to conformity analyses, determinations, SIPs under development, SIP 

revisions submitted to USEP A and any new federal regulations that may 

impact transportation planning. NCDENR shall maintain a distribution 

list of SICM members and distribute the list to members as requested. 

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2.2.3 NCDENR shall keep the Parties apprised of its SIP revision submittals and 

USEP A's approval thereof and provide for and respond in writing to 

comments made by NCDOT and the other Parties in transportation-related 

SIP development processes. 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 of the development of the SIP by the deadline established by 

NCDENR during the consultation process, including ensuring the 

appropriate emissions and control measures are used. NCDENR shall 

update the SIP consistent with Federal CAA requirements. NCDENR 

shall provide the applicable motor vehicle emission budgets to NCDOT 

and USDOT. 

2.2.4 NCDENR shall obtain 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 NCDOT) in the SIP. NCDENR will also provide a list ofTCMs 

included in the SIP as well as their SIP implementation schedules at the 

Interagency Consultation Conformity Determination Meeting. Upon 

initiating a modification or revision to the SIP, NCDENR shall consult 

with NCDOT, which will include the assessment of effectiveness of 

existing TCMs and implementation of potential TCMs for inclusion in the 

SIP. A draft version of the SIP will be shared with the Parties, at a 

minimum, 30 days prior to the public comment period ending. 

2.2.5 NCDENR, at the written request ofNCDOT, shall provide appropriate 

emission factors to NCDOT for completion of the conformity analysis, as 

well as review and comments on the draft conformity analysis (within 

twenty-one (21) days of receipt) to NCDOT. NCDENR shall consult with 

NCDOT for the availability and appropriate use of local data in the latest 

EPA -approved emissions model. 

2.2.6 NCDENR shall participate in the development and review of 

transportation system and emissions modeling activities and projection 

procedures to ensure consistency of air quality and transportation system 

evaluation. 

2.2.7 NCDENR shall consult and review project narratives provided by NPS, 

FHWA-EFLHD or appropriate project sponsor to determine if a roadway 

project is exempt or non-exempt based on 40 CFR 93.126-.129. 

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2.3 FHWA-EFLHD and FTA (USDOT) 

2.3.1 FHWA-EFLHD in consultation with the NPS will, in accordance with 40 

CFR 93.126, .127 and .128, determine which transportation projects 

proposed within the limits of the Great Smoky Mountains National Park in 

North Carolina are exempt or non-exempt and therefore subject to the 

provisions of this MOA. FHW A-EFLHD shall notify the Parties of 

projects determined to be exempt and provide a basis of exempt status for 

their review and concurrence. 

2.3.2 FHWA-EFLHD and FTA shall consult with the Parties regarding the 

Interagency Consultation Conformity Determination Meetings and other 

appropriate committees/meetings established to advise the Parties on the 

development of transportation plans, programs and projects, particularly 

as these relate to air quality-related issues. FHW A-EFLHD may 

participate in the SICM meetings. 

2.3.3 FHWA-EFLHD and FTA shall advise the Parties of changes to USDOT 

technical, regulatory, and policy guidance as it relates to the planning 

process and conformity. 

2.3.4 FHWA-EFLHD and FTA shall assist NCDENR, NCDOT as needed for 

modifications or revisions to the SIP, which will include the assessment of 

effectiveness of existing TCMs and implementation of potential TCMs for 

inclusion in the SIP. 

2.3.5 FHWA-EFLHD will coordinate the federal review effort and will forward 

copies of the draft or final TIP document and related conformity 

determination to the FT A and USEP A unless an alternate coordination 

process is specified through interagency consultation. FHW A-EFLHD 

and FTA shall provide written comments to the other Parties concerning 

both draft and final conformity findings in accordance with the terms of 

this Agreement. They shall also review and provide timely approval or 

rejection, in writing, of the final conformity determination report by 

NCDOT of an amended and/or adopted transportation plan, program or 

project subject to conformity analysis and determination. FHWA-EFLHD 

and FTA shall assess NCDOT's compliance with public participation 

policy and procedures that meet the requirements of23 CFR 450.316(a) 

and 40 CFR 93.105(e). 

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2.3.6 In accordance with 40 CFR 93.125(c), prior to making a project-level 

conformity determination for a transportation project, FHWAEFLHD/FT A must obtain from the project sponsor and/or operator written 

commitments, as defined in 40 CFR 93.101, to implement any projectlevel mitigation or control measures in the construction or operation of the 

project identified as conditions for completion of the NEPA process. The 

written commitments to implement those project-level mitigation or 

control measures must be fulfilled by the appropriate entities. FHW AEFLHD/FTA shall be responsible for final approval or rejection of a 

project level conformity determination on FHW A-EFLHD/FTA projects. 

2.4 USEPA 

2.4.1 USEPA shall participate in the SICM Meetings, the Interagency 

Consultation Conformity Determination Meetings and other appropriate 

committees/meetings established to advise the Parties on the development 

of transportation plans, programs and projects, particularly as these relate 

to air quality-related issues. 

2.4.2 USEPA shall advise the Parties of changes to USEPA policy, regulation, 

and guidance related to air quality and conformity. 

2.4.3 USEPA shall review and comment, in writing to FHWA-EFLHD, 

NCDENR, NPS and NCDOT, on draft and final conformity analyses 

within thirty (30) days of receipt. 

2.4.4 USEPA shall assist NCDENR, NCDOT and NPS as needed for 

modifications or revisions to the SIP, which will include the assessment of 

effectiveness of existing TCMs and implementation of potential TCMs for 

inclusion in the SIP. 

2.4.5 USEPA shall review the adequacy of the Motor Vehicle Emissions 

Budgets, and determine the approvability of submitted SIPs, including the 

Conformity SIP (the subject of this MOA) and any subsequent revisions, 

and of control strategy SIPs and any revisions. USEPA's determination of 

approvability shall be in writing and provided to all Parties. 

2.4.6 USEPA shall be consulted with and will review compliance for project 

level conformity requirements related to individual FHWA-FLH/FTA 

projects and provide comment in writing. 

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2.5 NPS 

2.5.1 NPS shall participate in the Interagency Consultation Conformity 

Determination Meetings and other appropriate committees/meetings 

established to advise the Parties on the SIPs and emissions control 

strategies and programs particularly as these relate to transportation 

related issues. Additionally, NPS may participate in SICM Meetings. 

2.5.2 NPS shall participate in consultations with the Parties regarding the 

development process for Great Smoky Mountains National Park project(s) 

out of the STIP and conformity analysis as part of the environmental 

document following the NEPA process for public review and comment. 

2.5.3 NPS shall participate in the development and review of transportation 

system and emissions modeling activities and projection procedures to 

ensure consistency of air quality and transportation system evaluation. 

NPS shall also review and provide comments to NCDOT on draft 

conformity analysis. 

2.5.4 NPS shall conduct project level conformity analyses for projects as part of 

the NEP A process for NPS and FHW A-EFLHD/FT A projects located in 

the GRSM Boundaries. 

3.0 INTERAGENCY CONSULTATION CONFORMITY DETERMINATION 

MEETING 

When the need for conformity analysis and determination is initiated in accordance with 

this Agreement and aforementioned regulations, NCDOT shall call an Interagency 

Consultation Conformity Determination Meeting to which all Parties of this Agreement 

shall be invited by NCDOT. The Interagency Consultation Conformity Determination 

Meeting shall be held prior to performing any conformity analysis or determination and 

shall address the specific processes outlined in 40 CFR 93.105(c). The purpose is to 

coordinate early with the Parties on information regarding the choice of some major 

parameters of the conformity analysis and to determine the schedule of preparation and 

review of the analysis. All of the information agreed upon by the Parties will be 

documented in the pre-analysis plan. If during the meeting a conflict arises, the Parties 

shall follow the conflict resolution procedures as outlined in Section 9.0 of this 

document. 

3.1 MEETINGS 

NCDOT shallprovide at least fourteen (14) days written notice to the Parties, and 

local transportation partners represented by NCDOT, that an Interagency 

Consultation Conformity Determination Meeting has been scheduled. However, 

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the Parties may waive the fourteen ( 14) day advance notice requirement if all 

Parties agree that an earlier scheduled meeting is in the best interest of the Parties. 

The meeting shall be scheduled at a time and location that allows representatives 

from the Parties to participate. NCDOT shall distribute to the Parties draft agenda 

and meeting materials at least five (5) business days prior to the meeting. The 

Parties shall have the opportunity to add agenda items and will be responsible for 

presenting them. If it is agreed among the Parties that additional meetings are 

required NCDOT may schedule such additional meetings. 

Attendance at the Interagency Consultation Conformity Determination Meeting 

may be by telephone or teleconference so long as all the Parties agree. If some 

Parties are unable to attend the Interagency Consultation Conformity Determination 

Meeting(s), NCDOT or its designee shall consider whether meaningful consensus 

can be reached with the available Parties. IfNCDOT 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. 

3.2 CONSULTATION ON CONFORMITY ANALYSIS APPROACH 

NCDOT 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 prior to the meeting. 

3.2.1 EXEMPTIONS TO CONFORMITY DETERMINATIONS 

3.2.1.1 Notification of Exempt Status Required- FHWA-EFLHD, in 

consultation with NPS, shall notify the Parties of projects 

determined to be exempt and provide a basis for such exempt 

status. 

3 .2.1.2 Objection to Exempt Determination -- If the Parties disagree 

with the FHWA-EFLHD's finding that the projects are exempt; 

the objecting Party shall notify all Parties in writing. See section 

5.0 for conflict resolution procedures. 

3.2.2 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: 

3 .2.2.1 Evaluating and choosing an appropriate tool (or tools) and 

associated methods and assumptions to be used in hot-spot 

analyses and regional emissions analyses; 

3.2.2.2 Determining which transportation projects should be considered 

Regionally Significant Projects (RSPs); 

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3.2.2.3 Evaluating whether projects otherwise exempted from meeting 

the requirements of 40 CFR 93.126 and 93.127 should be treated 

as non-exempt in cases where potential adverse emissions 

impacts may exist; 

3.2.2.4 Discussing whether or not adopted TCMs are on schedule and 

performing as anticipated, as required by 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 if 40 CFR 

93.113( c )(1) cannot be met; 

3.2.2.5 Choosing conformity tests and methodologies for isolated rural 

nonattainment and maintenance areas as required by 

93.1 09(n)(2)(iii). 

3.2.2.6 Consulting on emissions analysis for transportation activities 

which cross county and/or NPS, nonattainment area or air basin 

boundaries; 

3.2.2.7 Ensuring that plans for construction ofRSPs, that are not 

FHWA- EFLHD/FTA projects, are disclosed to NCDOT on a 

regular basis and any changes to those plans disclosed in writing 

to NCDOT; 

3.2.2.8 Process for consulting on the design, schedule and funding of 

research and data collection efforts and regional transportation 

tool development by NCDOT; 

3.2.2.9 Process for providing final documents and supporting 

information to each applicable Party after adoption or approval 

as defined in Section 2.1.1 0; 

3 .2.2.1 0 Latest planning assumptions for developing emission factors for 

the conformity analysis; 

3.2.2.11 Projects without a determined design concept and scope shall be 

discussed at the Interagency Consultation; and 

3.2.2.12 Parties must agree on sufficient details ofthe design concept and 

scope for the project to be included in the conformity analysis 

and determination. 

3.2.3 TCM Analysis and Implementation-- The Interagency Consultation 

Conformity Determination Meeting shall be used for assuring 

implementation of TCMs, which shall be a joint responsibility of 

NCDENR and NCDOT. NCDENR shall submit (at the Interagency 

Consultation Conformity Determination Meeting) a list of the TCMs, 

which are in the applicable implementation plan and their SIP schedules, 

to be included in the STIP. 

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3.2.4 Scheduling Implementation-- NCDENR or its designee (at the request of 

NCDOT) shall provide the emission factors to NCDOT within a time 

agreed upon during the interagency consultations and to allow NCDOT 

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 of the larger 

group. However, pertinent information discussed in these sub-meetings 

shall be shared with the other Parties as defined in Section 2.1.1. 

4.0 CONFORMITY ANALYSIS RESULTS AND REPORTING 

The programs and/or projects to be analyzed for conformity shall meet the requirements 

of the current federal transportation authorizing legislation, and the most current USDOT 

and USEPA regulations. At the time that a new or revised STIP is proposed, NCDOT 

and local transportation planning agencies, shall prepare a list of new or modified 

transportation projects and services included in the transportation plan and identify the 

time frame each new project or service is expected to become operational. 

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 required by Title 15A N.C.A.C. 2D. 2003. 

After the Parties' twenty-one (21) day review period, or review period agreed upon by 

all Parties, NCDOT shall provide public review and comments of the draft report in 

accordance with NCDOT's public participation policies and procedures. NCDOT 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. 

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4.1 DOCUMENTATION OF CONFORMITY ANALYSIS 

The conformity analysis shall document all assumptions and relevant information used to 

determine the impact ofprojects from the TIP or PHWA-EPLHD/PTA project on travel 

and emissions in the nonattainment/maintenance area. 

Contents of the Regional Conformity Analysis Report -- The conformity analysis report 

should include, but not be limited to, following documentation: 

4.1.1 P orecasts of population, household and employment in the analysis; 

4.1.2 Inputs used to develop emissions factors and emission factors used; and 

4.1.3 VMT and average speed for each federal functional classification. 

4.2 COMMENTS BY THE PARTIES AND THE PUBLIC 

The Parties may comment upon the analysis results after receiving the results of the draft 

conformity analysis and report. The results shall also be made available to the public for 

review and comment in accordance with NCDOT's Unified Public Engagement Process 

and 23 CPR 450.316(a) and 40 CPR 93.105(e). Any charges imposed for public review 

and copying should be consistent with applicable fee schedules including but not limited 

to 49 CPR 7.43 and N.C.G.S. §132-6.2. 

4.2.1 Evaluation of Comments from the Public -- After the completion of the 

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 ofNCDOT. 

4.2.2 Evaluation of Comments from the Parties -- If the Parties disagree with 

the conclusions of the analysis, NCDOT shall convene a meeting or 

consult with the Parties via an electronic communication means 

(telephone, teleconference, e-mail, etc.) if agreed to by the Parties, to 

consider and discuss the comments and determine whether further 

conformity-related analysis is needed. 

4.2.3 NCDOT shall maintain procedures for public involvement in the 

conformity determination process consistent with its Unified Public 

Engagement Process including receiving and responding to public input 

on conformity findings, consistent with 23 CPR 450.316(a) and 40 CPR 

93.105(e). 

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5.0 CONFLICT RESOLUTION 

The purpose of this 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 cannot be resolved among the designated representatives 

of the Parties. It is the purpose of this section to address such situations. 

5.1 RESOLUTION OF CONFLICTS AT THE STATE LEVEL 

5 .1.1 Conflicts Arising Prior to Conformity Determination -- Any conflict or 

disagreement between NCDOT and NCDENR causing a lack of consensus 

among the state Parties as to acceptance ofNCDOT conformity analysis 

may be resolved in the manner described below. IfNCDENR objects to 

the proposed conformity analysis prior to NCDOT making a conformity 

determination, the issue may be resolved by the following procedure: 

5.1.1.1 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 Manager 

NCDENR -- the Division of Air Quality Director 

The Level I Resolution negotiators shall have five (5) business 

days, from notice, to resolve the matter by mutually agreed upon 

meeting forum, including, but not limited to, face-to-face 

meetings, telephone and e-mail. 

5.1.1.2 Level II Resolution If the Level I Resolution Negotiators are 

unable to resolve the dispute, it may be raised to Level II 

Resolution negotiators who are defined as follows: 

NCDOT --The Secretary ofNCDOT 

NCDENR --The Secretary ofNCDENR 

The Level II Resolution Negotiators shall have ten (10) business 

days to resolve the matter by mutually agreed upon meeting 

forum, including, but not limited to face-to-face meetings, 

telephone and e-mail. 

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5.1.2 Conflicts Arising After NCDOT Regional Conformity Determination--

After NCDOT has made its conformity determination by approval, 

NCDENR may appeal said conformity determination to the Governor of 

North Carolina within fourteen (14) days of confirmation that NCDENR 

received notice. IfNCDENR appeals to the Governor, the final 

conformity analysis and determination must have the concurrence of the 

Governor ofNorth Carolina. NCDENR shall provide written notice of 

appeal under this subsection to the Secretary ofNCDOT, the FHWAEFLHD North Carolina Division Administrator, and the USEPA and FTA 

Region 4 Administrators. Notwithstanding NCDENR' s right of appeal, if 

NCDENR supports the final conformity determination, NCDENR may 

voluntarily waive its right of appeal, in writing. 

5.1.2.1 Resolution of NCDENR 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 staff ofNCDENR, 

NCDOT, the North Carolina Board of Transportation, or any 

agency that has responsibility for any one of these functions. 

IfNCDENR does not appeal to the Governor within fourteen 

(14) days ofNCDOT's notification of conformity on the TIP 

NCDOT may continue submission of its conformity 

determination to USDOT for their final review and conformity 

determination. NCDOT does not have to make conformity 

determinations on projects. 

6.0 MODIFICATIONS AND RENEWAL 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. 

The natural term of this MOA is five (5) years from the date of execution. The MOA 

will be reviewed by all Parties to this agreement to ensure it reflects the current 

transportation conformity regulation requirements. The renewal of this agreement is 

subject to the written approval of all Parties to this agreement. The renewed agreement 

will take effect after it has been formally adopted into the SIP. 

If the expiration date of this agreement occurs before the renewed agreement has been 

approved by all Parties and formally adopted into the SIP, the currently approved MOA 

will remain in effect. 

15 
IN ,)!:fT~SS WHEREOF t arties have executed this AGREEMENT on this the 

____,_~~_L2:==-------- day of U.. , 2012. 

16 
IN WITNESS WHEREOF, thd ave executed this AGREEMENT on this the 

~ day of ~ , 2012. 

/ 

NCDENR 

17 
IN WITNESS THEREOF, the P:::2e executed this AGREEMENT on this 

The r""'- dayof~ ,2013 

USEPA 

B~t/dr~"'1f Name: Gwendolyn Keyes Fleming 

Title: Regional Administrator 

18 
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 

9""'~ day of JULY , 2012. 

FHW 

Title: Director, Program Administration 

19 
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 3 -?+- --- l - day of ) ...., \"" , 2012. 

ff' 

FTA 

By·~~b/\~ . 0 - Name: 1vFTTF Cr-, \ fYi L--D<L 

Titl~e~\b~~ M~~~r 

20 
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the 

r; day of July , 2012. 

By: 

Name: Dale Ditmanson 

Title: Superintendent 

Great Smoky Mountains National Park 

21