### MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (MOA), made as ofthe last day writtenbelow, by andbetweenthe 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 ofthis MOA is to satisfythe requirement in Clean Air Act section 176(c)( 4)(E) [Title 42 ofthe U.S. Code 7506(c)(4)(E)] to create a state conformity State Implementation Plan (SIP) containing the following three requirements ofthe Federal Transportation Conformity Rule, in the Code ofFederal Regulations (CFR) at 40 CFRpart 93 subpartA: (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 improvementprogrampriorto 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 obtainedpriorto a positive conformity determination, and thatproject sponsors comply with such commitments.
This MOA is for the purpose ofconducting cooperative planning and analysis of, and determining transportation conformity for all transportation projects in the designatedrural nonattainment andmaintenance areas ofGreat SmokyMountains National Parkwithin North Carolina. This MOA satisfies the requirement of40 CFR 93.109 and 23 CFR 93.106 which requires the State Department ofTransportation to beresponsible for making the conformity determination in isolatedrural areas. The provisions ofthis MOAwill apply only to individual non-exempttransportation projects located within the limits ofthe 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 proposedwithinthe limits ofthe Great Smoky Mountains National Park inNorth Carolina are non-exempt andtherefore subjectto the provisions ofthis MOA.

11.0 DEFINITIONS
1.1 "Conformity"-- refers to the status oftransportation plans, programs andprojects within a region designated as nonattainment or maintenance for transportation relatedpollutants, as to whether they 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 identifiedParty, prior to any final decision, provides all information necessary to that Party needed for meaningful input, and considers andresponds to the views ofthat Party in a timely written manner. 1.3 "Interagency Consultation ConformityDetermination Meeting"

-- refers to a meeting calledbyNCDOT or its designee and opento all Parties, designedto establish agreeduponprocedures, protocols, and schedules for conducting a conformity analysis and determination. 1.4 "State ImplementationPlan" (SIP)

-- means documents, including, butnot limited to, State adopted regulations, attainment demonstrations, and maintenance plans, submittedby North Carolinato, and approvedby, the USEPA, orthe mostrecent revision thereof, in accordance with Sections 110, 30l(d) and 175(A) ofthe CAA (42 U.S.C. 7410, 7601, and 7505(a)) andregulations promulgatedby USEPA pursuantto the provisions ofthose sections. 1.5 "Statewide Interagency Consultation Meetings" (SICM)

-- refers to regularly scheduled informational meetings, sponsoredbyNCDENRto 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 TransportationImprovement Program" (STIP) --means a staged, multiyear, statewide, intermodalprogram oftransportation projects, which is consistent with the statewide transportation plan and planning processes. 1.7 "Timely" means within the timeframe agreed to in the schedule set at the Interagency Consultation Conformity DeterminationMeeting(s). 1.8 "TIP"- Transportation Improvement Program developedbyFHWA- 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.

21.11 "Exempt and Non-Exempt Project"- Exemptprojects do not add capacity and are defined in accordance with 40 CFR 93.126-129
1.12 All other terms used herein butnot defined in this Agreement shall have the meaning given to thembythe CAA, Title 23 and 49 U.S.C. 40 CFR 93.101, other USEPA regulations, other USDOT regulations, or 15ANCAC 2D.

2.0 ROLES AND RESPONSIBILITIES The roles and responsibilities ofeach Party are defined below
2.0.1 EachParty member shall determine which staffmembers will represent the Party in the conformity process and shall take responsibilityto 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 andnotifyNCDENR ofchanges in their appointed designee(s) or contact(s).
2.0.2 AllParties shall review andprovide comments to NCDOT onprojects in designated rural nonattainment and maintenance areas ofGreat SmokyMountains National Park withinNorth Carolinautilizing Title 23 funds. The FHWAEFLHD TIP submittal each year (at end ofFederal Fiscal year) to NCDOT will indicate the "exempt/non-exempt status" as determinedbyFHWA-EFLHD in consultation with NPS. 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-EFLHD/FTA projects. Parties shall provide their timely review comments to these agencies within 30 days ofreceipt ofdraft documents unless an alternate deadline has been agreed upon at a consultation meeting. The NCDENR orNCDOT, as appropriate, shall respond in writing to all Parties to explainhow comments were addressed orwhy they were not addressed in the subsequent version ofthe document that is distributedto all Parties.

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### 2.1 NCDOT
2.1.1 NCDOT shall sponsor the Interagency Consultation Conformity DeterminationMeetings, ifit is determined there are non-exempt projects, and prepare meeting agendas, meeting materials and meeting summaries required for fulfillment ofconsultationprocedures 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 ofa revised statewide transportation plan and STIP amendments. A complete conformity determination takes approximately one yearto complete, therefore, the first interagency consultation meeting shouldbeginno later than one yearpriorto 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 proposedprocedures andprotocol for conducting andperforming conformity analysis. 2.1.3 NCDOT shall beresponsible 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 andreview oftransportation system emissions modeling activities andprojectionprocedures to ensure consistency ofair quality and transportation system evaluation. NCDOT shall provide all Parties with available travel data and assist NCDENR as needed for modifications orrevisions to the SIP, which will include the assessment ofeffectiveness ofexisting Transportation Control Measures (TCMs) and implementation ofpotential TCMs for inclusion inthe SIP, andproviding 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 inthe SIP.

42.1.5 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 USEPA unless an alternate coordination process is specifiedthrough interagency consultation). NCDOT shall respond in writing to comments made by the otherParties on draft documents.
2.1.6 NCDOT shall maintain procedures for public involvement inthe conformity determinationprocess consistent with its Unified Public Engagement Process includingreceiving andresponding to public input on conformity findings, consistent with 23 CFR450.316(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 inthe regional emissions analysis usedinthe conformity analysis, as well as local hot spot analysis, priorto 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 withthe agreedupon 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 DeterminationMeetings and other appropriate committees establishedto advise the Parties on SIP and emissions control strategies and programs particularly as these relate to transportation issues.
2.2.2 NCDENR shall sponsorthe SICM Meetings on a regularbasis for the purpose ofkeeping all Parties and all RPOs /MPOs andNPS abreast of new information concerning transportation planning generally as it relates to conformity analyses, determinations, SIPs under development, SIP revisions submittedto USEPA and any new federal regulations that may impacttransportation planning. NCDENR shall maintain a distribution list ofSICM members and distribute the list to members as requested.

52.2.3 NCDENR shall keep the Parties apprised ofits SIP revision submittals and USEPA's approval thereofand provide for and respond in writing to comments made byNCDOT and the other Parties in transportation-related SIP development processes. NCDENR is to develop the applicable motor vehicle emissionbudgets 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, 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. NCDENRwill also provide a list ofTCMs included in the SIP as well as their SIP implementation schedules at the Interagency Consultation Conformity DeterminationMeeting. Upon initiating a modification orrevision to the SIP, NCDENR shall consult with NCDOT, which will include the assessment ofeffectiveness of existing TCMs and implementation ofpotential TCMs for inclusion in the SIP. A draft version ofthe SIP will be shared with the Parties, at a minimum, 30 days prior to the public commentperiod ending. 2.2.5 NCDENR, at the written request ofNCDOT, shall provide appropriate emission factors to NCDOT for completion ofthe conformity analysis, as well as review and comments on the draft conformity analysis (within twenty-one (21) days ofreceipt) to NCDOT. NCDENR shall consult with NCDOT for the availability and appropriate use oflocal 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 andprojection procedures to ensure consistency ofair quality and transportation system evaluation. 2.2.7 NCDENR shall consult andreview project narratives providedbyNPS, FHWA-EFLHD or appropriate project sponsor to determine ifa roadway project is exempt or non-exempt based on 40 CFR 93.126-.129.

62.3 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 ofthe Great SmokyMountains National Park in North Carolina are exempt ornon-exempt andtherefore subject to the provisions ofthis MOA. FHW A-EFLHD shall notify the Parties of projects determined to be exempt andprovide a basis ofexempt status for theirreview and concurrence. 2.3.2 FHWA-EFLHD and FTA shall consult with the Parties regarding 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. FHW A-EFLHD may participate inthe SICMmeetings.
2.3.3 FHWA-EFLHD and FTA shall advise the Parties ofchanges to USDOT technical, regulatory, andpolicy 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 orrevisions to the SIP, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP. 2.3.5 FHWA-EFLHD will coordinate the federal review effort and will forward copies ofthe draft or final TIP document andrelated conformity determination to the FT A andUSEPA unless an alternate coordination process is specified through interagency consultation. FHW A-EFLHD andFTA shall provide written comments to the otherParties 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, inwriting, ofthe final conformity determination reportby NCDOT ofan 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 andprocedures that meetthe requirements of23 CFR450.316(a) and 40 CFR 93.105(e).

72.3.6 In accordance with 40 CFR 93.125(c), priorto making a project-level conformity determination for a transportation project, FHWAEFLHD/FTA 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 oroperation ofthe project identified as conditions for completion ofthe NEPAprocess. The written commitments to implementthose project-levelmitigation or control measures mustbe fulfilled bythe appropriate entities. FHWAEFLHD/FTA shall beresponsible for final approval orrejection ofa project level conformity determination onFHW A-EFLHD/FTA projects. 

### 2.4 USEPA
2.4.1 USEPA shallparticipate in the SICM Meetings, the Interagency Consultation ConformityDetermination Meetings and other appropriate committees/meetings established to advise the Parties on the development oftransportationplans, programs andprojects, particularly as these relate to air quality-related issues.
2.4.2 USEPA shall advise the Parties ofchanges 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 andNCDOT, on draft and final conformity analyses within thirty (30) days ofreceipt.
2.4.4 USEPA shall assistNCDENR, NCDOT andNPS as needed for modifications orrevisions to the SIP, which will include the assessment of effectiveness ofexisting TCMs and implementation ofpotential TCMs for inclusion in the SIP.
2.4.5 USEPA shall review the adequacy ofthe MotorVehicle Emissions Budgets, anddetermine the approvability ofsubmitted SIPs, including the Conformity SIP (the subject ofthis MOA) and any subsequentrevisions, and ofcontrol strategy SIPs and any revisions. USEPA's determination of approvability shall be in writing and provided to all Parties.
2.4.6 USEPA shallbe consulted with and will review compliance for project level conformityrequirements related to individual FHWA-FLH/FTA projects andprovide comment inwriting.

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### 2.5 NPS
2.5.1 NPS shall participate inthe Interagency Consultation Conformity Determination Meetings and other appropriate committees/meetings established to advise the Parties onthe SIPs and emissions control strategies andprograms particularly as these relate to transportation related issues. Additionally, NPS mayparticipate in SICM Meetings. 2.5.2 NPS shall participate in consultations with the Parties regarding the development process for Great Smoky Mountains National Parkproject(s) out ofthe STIP and conformity analysis as part ofthe environmental document following the NEPAprocess for public review and comment. 2.5.3 NPS shall participate in the development andreview oftransportation system and emissions modeling activities andprojection procedures to ensure consistency ofair quality andtransportation system evaluation. NPS shall also review andprovide comments to NCDOT on draft conformity analysis. 2.5.4 NPS shall conduct project level conformity analyses for projects as part of the NEPA process for NPS and FHW A-EFLHD/FTA projects located in the GRSM Boundaries.



### 3.0 INTERAGENCY CONSULTATION CONFORMITYDETERMINATION 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 ofthis Agreement shall be invitedbyNCDOT. 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 informationregarding the choice ofsome major parameters 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 conflict resolution procedures as outlined in Section 9.0 ofthis document.


### 3.1 MEETINGS
NCDOT shallprovide at least fourteen (14) days written notice to the Parties, and local transportationpartners represented byNCDOT, that an Interagency Consultation Conformity DeterminationMeeting has been scheduled. However,

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### 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.
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. Ifit 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 bytelephone orteleconference so long as all the Parties agree. Ifsome 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 ofthe important discussions and conclusions.

3.2 CONSULTATION ON CONFORMITYANALYSIS 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 CONFORMITYDETERMINATIONS


### 3.2.1.1 Notification ofExempt Status Required- FHWA-EFLHD, in consultationwithNPS, shall notify the Parties ofprojects determinedto be exempt and provide a basis for such exempt status. 3.2.1.2 Objection to Exempt Determination

-- Ifthe 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 conflictresolution 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 of40 CFR 93.126 and 93.127 shouldbe 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 whatwill occur if40 CFR 93.113(c)(1) cannotbe met; 3.2.2.5 Choosing conformity tests and methodologies for isolatedrural nonattainment and maintenance areas as required by 93.109(n)(2)(iii). 3.2.2.6 Consulting on emissions analysis for transportation activities which cross county and/or NPS, nonattainment area or airbasin boundaries; 3.2.2.7 Ensuring that plans for construction ofRSPs, that are not FHWA- EFLHD/FTAprojects, are disclosed to NCDOT on a regularbasis 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 2.1.10; 3.2.2.10 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 ofTCMs, which shall be ajointresponsibility of NCDENR and NCDOT. NCDENR shall submit (atthe Interagency Consultation Conformity DeterminationMeeting) a list ofthe TCMs, which are in the applicable implementation plan and their SIP schedules, to be included in the STIP.

113.2.4 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 ormodifications 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 inthese sub-meetings shall be shared with the other Parties as defined in Section 2.1.1.



### 4.0 CONFORMITYANALYSIS RESULTS AND REPORTING
Theprograms 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. Atthe time that a new or revised STIP is proposed, NCDOT and local transportation planning agencies, shall prepare a list ofnew ormodified 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, orreview period agreed uponby all Parties, NCDOT shall provide public review and comments ofthe draft report in accordance withNCDOT'spublic participationpolicies and procedures. NCDOT shall not make conformity determination orplan adoption or approval until after the agency review is completed or the required reviewperiodhas ended and after public participation.

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### 4.1 DOCUMENTATION OF CONFORMITY ANALYSIS
The conformity analysis shall document all assumptions andrelevant information used to determine the impact ofprojects from the TIP or PHWA-EPLHD/PTAproject ontravel and emissions in the nonattainment/maintenance area. Contents ofthe Regional Conformity Analysis Report

-- The conformity analysis report should include, but not be limited to, following documentation:
4.1.1 Porecasts ofpopulation, 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 commentupon the analysis results afterreceiving 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 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 shouldbe consistent with applicable fee schedules including butnot limited to 49 CPR 7.43 andN.C.G.S. §132-6.2.
4.2.1 Evaluation ofComments from the Public

-- After the completion ofthe public commentperiod, the comments received from the public onthe 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 ofNCDOT. 4.2.2 Evaluation ofComments from the Parties

-- Ifthe Parties disagree with the conclusions ofthe analysis, NCDOT shall convene a meeting or consult with the Parties via an electronic communication means (telephone, teleconference, e-mail, etc.) ifagreedto 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 andresponding to public input on conformity findings, consistent with 23 CPR450.316(a) and 40 CPR 93.105(e).

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### 5.0 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 mustbe 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.


### 5.1 RESOLUTION OF CONFLICTS AT THE STATE LEVEL
5.1.1 Conflicts Arising Priorto Conformity Determination

-- Any conflict or disagreementbetweenNCDOT and NCDENR causing a lack ofconsensus among the state Parties as to acceptance ofNCDOT conformity analysis maybe resolved in the manner describedbelow. IfNCDENR objects to the proposed conformity analysis prior to NCDOT making a conformity determination, the issue maybe 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 Partymembers 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 ofAir QualityDirector
The Level I Resolution negotiators shall have five (5) business days, from notice, to resolve the matter by mutually agreed upon meeting forum, including, butnot limited to, face-to-face meetings, telephone and e-mail.
5.1.1.2 

### Level II Resolution Ifthe Level I ResolutionNegotiators are unable to resolve the dispute, it may be raised to Level II Resolution negotiators who are defined as follows: NCDOT --The Secretary ofNCDOT NCDENR --The Secretary ofNCDENR
The Level II ResolutionNegotiators shall have ten (10) business days to resolve the matterby mutually agreedupon meeting forum, including, butnot limited to face-to-face meetings, telephone and e-mail.

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### 5.1.2 Conflicts Arising AfterNCDOT Regional Conformity Determination-- After NCDOT has made its conformity determination by approval, NCDENRmay appeal said conformity determination to the Governor of North Carolina within fourteen (14) days ofconfirmation thatNCDENR received 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 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'sright ofappeal, if NCDENR supports the final conformity determination, NCDENRmay voluntarily waive its right ofappeal, in writing.
5.1.2.1 

### Resolution ofNCDENRAppeal-- The Governor may delegate his orher role in this appeals process to another official or agency within the State, butnotto the head or staffofNCDENR, NCDOT, the North Carolina Board ofTransportation, or any agency that has responsibility for any one ofthese functions. IfNCDENRdoes not appeal to the Governor within fourteen (14) days ofNCDOT's notification ofconformity on the TIP NCDOT may continue submission ofits 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 MOAto be reviewed.
The natural term ofthis MOA is five (5) years from the date ofexecution. The MOA will be reviewed by all Parties to this agreement to ensure it reflects the current transportation conformityregulation requirements. The renewal ofthis agreement is subject to the written approval ofall Parties to this agreement. The renewed agreement will take effect after it has been formally adopted into the SIP.
Ifthe expiration date ofthis agreement occurs before the renewed agreement has been approvedby all Parties and formally adopted into the SIP, the currently approved MOA will remain in effect.

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### IN**,)!:fT~SS** 

### WHEREOF t arties have executed this AGREEMENT on

### this the

### ____,_~~_L2:==-------- day of 

### U.. ,2012.

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### IN 

### WITNESS WHEREOF,**thd ave**  

### executed this AGREEMENT on this the**~** 

### day 

### of**~** 

### , 2012

. 

### / NCDENR

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### IN WITNESS THEREOF, 

### the P:::2eexecuted this AGREEMENT on this The 

# r""'-**dayof~** ,2013
USEPA

# B~t/dr~"'1f Name: Gwendolyn Keyes Fleming Title: Regional Administrator

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### IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on this the**9""'~** 

### day of 

### JULY , 2012.
FHW

Title: Director, Program Administration

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### INWITNESS WHEREOF, the Parties have executedthis AGREEMENT onthis the 

# 3 -?+-

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## l - day of ) ...., \"" , 2012. ff' 

### FTA

# By·~~b/\~

. 0

- Name: 

# 1vFTTF Cr-, \ fYi L--D<L

# Titl~e~\b~~**M~~~r**

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

# r; day of July , 2012.

By:
Name: Dale Ditmanson
Title: Superintendent Great Smoky Mountains National Park

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