Storm Water Management

Memorandum of Agreement (MOA)

A new Memorandum of Agreement (MOA) has been developed and signed by the North Dakota Department of Transportation (NDDOT) and the North Dakota Department of Health (NDDoH). This agreement is entered into by each agency to promote interagency cooperation and to define the duties of each agency as they relate to the efficient implementation of erosion and sediment control on highway construction projects in North Dakota. Changes have been made to the previous MOA and are as follows:

1. A project area that would require a permit has been given a more clear definition.
2. Added language explaining that work on projects that do not require a permit must be performed in a manner that does not affect water quality.
3. Added language requiring Contractors to obtain separate permits for any contractor controlled areas.
4. Added the requirements of the EPA Consent Agreement signed by the NDDOT on June 12, 2012. These requirements are detailed in Section e of the Memorandum.
5. Added language to better define an erosion control failure.
6. Detailed that only the NDDOT, not the Contractor, can file a Notice of Termination with the NDDoH to terminate a permit.
7. Removed outdated processes that are no longer used by the NDDOT.

Below are documents, presentations, and training videos that will help you in your future construction projects to maintain stormwater and sediment.



Spring 2013 NDDOT Construction Storm Water Training

NDDOT Presentation by Matt Sperry. This presentation details the NDDOT’s expectations of Contractors on NDDOT projects as they relate to erosion and sediment control and storm water management. The new erosion and sediment control Special Provision developed for use on NDDOT projects is briefly discussed as well.


This presentation by Dallas Grossman reviews the NDPDES Storm Water Permitting Program and Construction General Permit Requirements.


Training Videos and Presentations


NDDOT Construction Storm Water Management: Presenter: Matt Sperry, NDDOT - This presentation covers some general storm water issues that have been seen during project visits that were conducted by Matt Sperry, NDDOT Environmental and Transportation Services, during the 2012 construction season.  Mr. Sperry details issues that were observed on multiple projects including Best Management Practices and Storm water Pollution Prevention Plans.



Storm Water Question and Answer Session: Panel Members: Matt Sperry and Bob Fode, NDDOT; Colleen Peterson, City of Bismarck; and Dallas Grossman, NDDoH - Storm water questions from the audience as well as some pre-prepared questions are answered in this video.  Additional questions and answers can be found in the Frequently Asked Questions link at the bottom of this page.



Municipal Storm Water Management: Presenters: Melanie Parvey, City of Grand Forks; and Colleen Peterson, City of Bismarck - This presentation covers actions being taken by two major municipalities in North Dakota, Grand Forks and Bismarck, dealing with the particular struggles for storm water management in urban situations.  Municipal Separate Storm Sewer System (MS4) management practices are highlighted.



NDDOT Erosion & Sediment Control Handbook pdf file

The purpose of this handbook is to provide designers, contractors, and inspectors the information to properly install, maintain, and implement a Storm Water Pollution Prevention Plan (SWPPP). The NDDOT is committed to controlling soil erosion and its resulting sedimentation during the design, construction, and maintenance of its highways.


Initial Storm Water Pollution Prevention Evaluation Checklist for NDPDES Permits pdf file

A checklist was developed to help ensure that a contractor’s Storm Water Pollution Prevention Plan (SWPPP) is adequate at the beginning of the project. This checklist can be used by the project engineer to determine if the SWPPP complies with the conditions of the NDPDES Construction General Permit. This is not meant to be used as a way of accepting SWPPPs from contractors, but as a reviewing tool.  The main focus of this checklist is so you can be assured that the SWPPP meets the minimum requirements of the permit before the project starts.


NDDoH Storm Water Field Inspection Report pdf file

Disclaimer (Field Inspection Report)

This is the North Dakota Department of Health (NDDoH) checklist that is used by State Inspectors to perform a Land Disturbance inspection on a permitted facility. This can be used as a tool to self-check compliance with the NDPDES Construction General Permit. If you use this form to review your site and can mark "Yes" or "NA" on all of the items, then you should be able to pass inspection by the NDDoH.


EPA Expedited Settlement Agreement Form for Construction pdf file

This form is used by the EPA in situations where during an inspection, no major violations (such as sediment leaving the property) are found, but there are problems found with the paperwork required by the permit. There is a checklist in this document that the EPA uses to determine the penalty amount to assess for these violations. You will notice that each item in the checklist has a dollar amount associated with it as well as an empty box to enter how many days that violation has occurred/persisted. These numbers are multiplied to obtain the total fine for each individual item. This can be used like the NDDoH checklist to ensure compliance before an actual inspection by a regulatory agency is conducted.



Related Health Department Links


Related EPA Links


Related NDDOT Links