Common use of Conflicts Arising After MPO Regional Conformity Determination Clause in Contracts

Conflicts Arising After MPO Regional Conformity Determination. After the MPO has made its conformity determination by resolution and adoption/approval, NCDEQ may appeal said conformity determination by resolution and adoption/approval to the Governor of North Carolina within fourteen (14) days of confirmation that NCDEQ received notice. If NCDEQ appeals to the Governor, the final conformity analysis and determination must have the concurrence of the Governor of North Carolina. NCDEQ shall provide written notice of appeal under this Subsection to the Chairperson of the MPO, the Secretary of NCDOT, the FHWA North Carolina Division Administrator, and the USEPA and FTA Region 4 Administrators. Notwithstanding NCDEQ's right of appeal, if NCDEQ supports the final conformity determination, NCDEQ may voluntarily waive its right of appeal, in writing.