Common use of NCDOT DUTIES Clause in Contracts

NCDOT DUTIES. 2.3.1 NCDOT shall participate in the SICM, Interagency Consultation Conformity Determination Meeting(s), and other appropriate committees/meetings established to discuss with the Parties on the development of a revised statewide transportation plan, including programs and projects. 2.3.2 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised of the status and content of statewide transportation plans and the STIP. 2.3.3 NCDOT shall consult with the Parties to develop MTPs, TIPs, and amendments thereto by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.4 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 evaluations. 2.3.5 NCDOT shall review and provide comments to the MPO on draft conformity analyses by the dates agreed upon in the Interagency Consultation Conformity Determination Meeting unless NCDOT has authored said conformity analysis report. 2.3.6 NCDOT shall also provide information requested by other Parties to track the implementation of TCMs included in the SIP by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.7 NCDOT shall assist NCDEQ and the MPOs 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. 2.3.8 NCDOT shall conduct project level conformity analysis for NCDOT sponsored projects as part of the NEPA process for FHWA/FTA projects located in the MPO boundary. 2.3.9 Enforceability of design 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 operator to fulfill and complete all of the projects and operations identified by the project- level 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. 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations.

NCDOT DUTIES. 2.3.1 NCDOT shall participate in the SICM, Interagency Consultation Conformity Determination Meeting(sMeeting(s)Meeting(s), and other appropriate committees/meetings established to discuss with the Parties on the development of a revised statewide transportation plan, including programs and projects. 2.3.2 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised of the status and content of statewide transportation plans and the STIP. 2.3.3 NCDOT shall consult with the Parties to develop LRTPs,MTPs, TIPs TIPs, and amendments thereto by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.4 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 evaluationsevaluation.evaluations. 2.3.5 NCDOT shall review and provide comments to the MPO on draft conformity analyses by the dates agreed upon in the Interagency Consultation Conformity Determination Meeting unless NCDOT has authored said conformity analysis report. 2.3.6 NCDOT shall also provide information requested by other Parties to track the implementation of TCMs included in the SIP by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.7 NCDOT shall assist NCDENR NCDEQ and the MPOs 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. 2.3.8 NCDOT shall conduct project level conformity analysis for NCDOT sponsored projects as part of the NEPA process for FHWA/FTA projects located in the MPO boundary. 2.3.9 Enforceability of design Design Conceptdesign concept and Scope scope and projectProject-Level Mitigationproject-level mitigation and control Control Measurescontrol measures. 2.3.9.1 The NCDOT shall obtain written commitments from the project sponsor and/or operator to fulfill and complete all of the projects and operations identified by the project- project-level NEPA National Environmental Policy Act (NEPA)NEPA mitigation or control measures with respect to local hothot spot analysishot-spot analysis. 2.3.9.2 The NCDOT shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations.

NCDOT DUTIES. 2.3.1 NCDOT shall participate in the SICM, Interagency Consultation Conformity Determination Meeting(s), and other appropriate committees/meetings established to discuss with the Parties on the development of a revised statewide transportation plan, including programs and projects. 2.3.2 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised of the status and content of statewide transportation plans and the STIP. 2.3.3 NCDOT shall consult with the Parties to develop MTPs, TIPs, and amendments thereto by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.4 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 evaluations. 2.3.5 NCDOT shall review and provide comments to the MPO on draft conformity analyses by the dates agreed upon in the Interagency Consultation Conformity Determination Meeting unless NCDOT has authored said conformity analysis report. 2.3.6 NCDOT shall also provide information requested by other Parties to track the implementation of TCMs included in the SIP by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.7 NCDOT shall assist NCDEQ and the MPOs 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. 2.3.8 NCDOT shall conduct project level conformity analysis for NCDOT sponsored projects as part of the NEPA process for FHWA/FTA projects located in the MPO boundary. 2.3.9 Enforceability of design 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 operator to fulfill and complete all of the projects and operations identified by the project- project-level 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. 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations.

NCDOT DUTIES. 2.3.1 2.1.1 In regions where there is no Metropolitan Planning Organization (hereinafter, "MPO") or another entity assigned such duties through consultation with the Parties, the NCDOT shall participate in sponsor the SICM, Interagency Consultation Conformity Determination Meeting(s), Meetings and prepare meeting agendas and meeting materials required for fulfillment of consultation procedures outlined in this Agreement. NCDOT shall also participate in other appropriate committees/meetings established to discuss with the Parties on the development of a revised statewide transportation plan, including programs and projects. 2.3.2 2.1.2 The NCDOT shall prepare meeting summaries and conclusions of said Interagency Consultation Conformity Determination Meetings and other appropriate meetings it sponsors. The NCDOT shall provide meeting summaries and conclusions to all Parties within a timely manner not to exceed fourteen (14) days after the meeting. The other Parties may provide comments on meeting summaries/conclusions to the NCDOT within a timely manner not to exceed fourteen (14) days, copying other Parties. The NCDOT shall respond to comments from Parties in writing in a timely manner not to exceed fourteen (14) days of receiving comments. The NCDOT's response to comments shall be distributed to all Parties. 2.1.3 The NCDOT shall consult with the Parties on the development process for TIPs, and amendments thereto. This process will begin no later than one year prior to when the conformity determination is needed. 2.1.4 NCDOT shall consult with the Parties to develop TIPs and amendments thereto by the dates agreed to in the Interagency Consultation Conformity Determination Meeting, as well as, provide notification of the TIP revisions and amendments that add or delete exempt projects as listed in 93.126 or 93.127. 2.1.5 NCDOT shall consult with the Parties to develop the STIP and amendments thereto. Furthermore, NCDOT shall keep the Parties apprised of the status and content of statewide transportation plans and the STIP. 2.3.3 2.1.6 Before the NCDOT conducts conformity analyses and determinations, as initiated under the terms and conditions of this Agreement, the NCDOT shall consult 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 preferably one year prior to, but no less than 9 months before the determination is needed. 2.1.7 The NCDOT shall provide information requested by other Parties to develop MTPstrack the implementation of TCMs funded by the NCDOT, TIPsor local municipalities, and amendments thereto included in the SIP by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.4 2.1.8 The NCDOT shall be responsible for development and maintenance of the travel demand model for the non MPO areas, or the development of other tools appropriate for the conformity analysis. The NCDOT may delegate such responsibility to a third party or enter into agreements with NCDOT and/or neighboring MPOs to develop a regional travel demand model or other tools. Any Party delegating responsibility to a third party shall notify the third party, in writing, that all documentation is subject to the applicable public records law. Responsibility for development and maintenance of a regional travel demand model should be established through a separate memorandum of agreement between the affected MPOs and NCDOT. 2.1.9 NCDOT 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 evaluations. 2.3.5 2.1.10 Upon written request by the Parties, the NCDOT shall review and provide comments all Parties with available travel data needed to determine various transportation emissions budgets, if they are responsible for this data. 2.1.11 The NCDOT shall assist NCDEQ as needed for modifications or revisions to the MPO on draft conformity analyses by SIP, which will include the dates agreed upon assessment of effectiveness of existing Transportation Control Measures (TCMs) and implementation of potential TCMs for inclusion in the Interagency Consultation Conformity Determination Meeting unless NCDOT has authored said conformity analysis reportSIP, and providing critical input to the SIP development process, such as vehicle miles traveled (VMT) and speed assumptions for various road classifications. 2.3.6 2.1.12 NCDOT shall also provide information requested by other Parties to track the implementation of TCMs included in the SIP by the dates agreed to in the Interagency Consultation Conformity Determination Meeting. 2.3.7 NCDOT shall assist NCDEQ and the MPOs 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. 2.3.8 2.1.13 NCDOT shall conduct project level conformity analysis for NCDOT sponsored projects as part of the NEPA process for FHWA/FTA projects located outside the MPO in the MPO boundaryRPO Boundaries. 2.3.9 2.1.14 The NCDOT shall submit concurrently, upon completion, a draft and/or final TIP document and related conformity determination to the NCDOT, NCDEQ, and FHWA. FHWA will coordinate the federal review effort and will forward the documents to FTA and USEPA unless an alternate coordination process is specified through interagency consultation. The NCDOT shall respond in writing to comments made by the other Parties on draft documents. 2.1.15 The NCDOT shall maintain procedures for public involvement in the conformity determination process 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). 2.1.16 The NCDOT shall submit a written request for emissions modeling results required for conformity determinations from NCDEQ or its designee, and shall provide vehicle speed, VMT, and other data necessary to generate the emissions modeling results. 2.1.17 Enforceability of design concept and scope and project-level mitigation and control measures. 2.3.9.1 2.1.17.1 Prior to making a conformity determination on the applicable projects from the STIP, the 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. 2.1.17.2 The NCDOT shall fulfill commitments made for mitigation measures that were required for facilitating positive conformity determinations. 2.1.17.3 Written commitments to mitigation measures must be 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)). 2.1.17.4 The NCDOT shall obtain written commitments from the project sponsor and/or operator to fulfill and complete all of the projects and operations identified by the project- level 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. 2.3.9.3 Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed upon commitment obligations.