[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-21":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":41,"meta":42,"name":46,"pcnTrigger":72,"publicComments":52,"purpose":51,"relatedPermits":73,"seo":74,"shortName":47,"sourceDocumentUrl":70,"statutoryAuthority":48,"stem":75,"whoNeedsThis":53,"__hash__":76},"permits/permits/nwp-21.json",0.5,"The 2026 reissuance of NWP 21 does not include any substantive changes to the terms and conditions from the 2021 version. The Corps reevaluated the permit's quantitative limits, such as the 1/2-acre threshold and the mandatory pre-construction notification, and determined they remain effective at ensuring authorized activities cause only minimal adverse environmental impacts .\n\nAdministrative updates were performed on the supporting decision document to incorporate current environmental baseline data from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. The Corps maintained the prohibition on valley fills and the requirement for concurrent OSMRE or state mining program authorization.","21",[9,10,11,12,13,14],"Construction of sediment ponds for coal mine drainage control ","Placement of fill for mine facility haul roads ","Discharges of dredged material for mine site grading ","Installation of diversion structures for mine area stormwater ","Reclamation of previously mined sites involving stream bank work ","Construction of support facilities for surface coal extraction ","2026-03-15","The Corps determined that reissuing NWP 21 results in 'no effect' on federally-listed endangered or threatened species or their critical habitat. This determination is supported by General Condition 18, which requires that no activity 'may affect' listed resources unless project-specific ESA Section 7 consultation has been completed. District engineers also verify Essential Fish Habitat (EFH) compliance through mandatory PCN reviews, applying regional or case-specific conditions as necessary to minimize impacts .\n\nCompliance with Section 106 of the National Historic Preservation Act (NHPA) is managed through General Condition 20. Since NWP 21 requires a mandatory pre-construction notification for all activities, the district engineer reviews every project for potential effects on historic properties and ensures the NHPA review process is completed before granting authorization.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need a PCN for surface coal mining projects under NWP 21?","Yes, a pre-construction notification (PCN) is mandatory for all activities authorized by NWP 21 regardless of the acreage impact.",{"q":23,"a":24},"What is the maximum acreage limit for NWP 21?","The maximum impact limit is 1/2-acre of non-tidal waters of the United States for each single and complete project.",{"q":26,"a":27},"Can I use NWP 21 to build a valley fill?","No, this permit specifically prohibits the discharge of fill material into streams to create valley fills or head-of-hollow fills.",{"q":29,"a":30},"Must I have SMCRA approval before using this permit?","Yes, the activity must be authorized by OSMRE or a state program with authority under the Surface Mining Control and Reclamation Act.",{"q":32,"a":33},"Does NWP 21 authorize mining in tidal waters?","No, NWP 21 is restricted to non-tidal waters of the United States.",[35,36,37,38,39,40],"Loss of waters of the U.S. cannot exceed 1/2-acre of non-tidal waters ","No fill material may be used to create valley fills or head-of-hollow fills ","Activity must be authorized by OSMRE or a state with a SMCRA program ","Pre-construction notification (PCN) is mandatory for all activities ","Must notAuthorize activities in tidal waters ","Temporary fills must be removed and site restored to pre-construction elevations ",null,{"path":43,"body":44,"title":71},"/permits/nwp-21",{"id":45,"code":7,"name":46,"shortName":47,"statutoryAuthority":48,"acreageLimit":5,"linearFootLimit":41,"pcnTrigger":49,"effectiveDate":15,"purpose":51,"changesFrom2021":6,"environmentalReview":16,"publicComments":52,"whoNeedsThis":53,"commonProjects":54,"keyConditions":55,"faq":56,"relatedPermits":62,"seo":67,"sourceDocumentUrl":70},"nwp-21","Surface Coal Mining Activities","NWP 21","10/404",{"type":50},"mandatory","Nationwide Permit 21 authorizes discharges of dredged or fill material into waters of the United States associated with surface coal mining activities. To qualify, these activities must already be authorized by the Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE) or by states with approved programs under the Surface Mining Control and Reclamation Act of 1977 .\n\nThe permit’s scope includes the construction of various mining facilities but is strictly limited to activities that result in no more than minimal individual and cumulative adverse environmental effects. It specifically prohibits the discharge of fill material into the watershed of any stream to create a valley fill or head-of-hollow fill. Projects authorized under this permit cannot result in the loss of more than 1/2-acre of non-tidal waters of the United States.","During the comment period, some commenters argued that surface coal mining activities inherently cause more than minimal impacts and should not be authorized by a general permit. Others suggested raising the 1/2-acre limit to better accommodate industry needs. The Corps declined to change the acreage limit, stating the 1/2-acre threshold is appropriate for maintaining environmental protection while offering administrative efficiency .\n\nAdditional feedback focused on the prohibition of valley fills. The Corps maintained this restriction to prevent significant impacts on headwater streams. They also clarified that while the Corps does not regulate mining operations generally, it utilizes the mandatory PCN process to evaluate the specific jurisdictional impacts of fills in waters of the U.S. and to require compensatory mitigation when necessary.","Environmental compliance managers and project engineers in the coal mining industry typically use this permit. It is designed for mining companies that have secured Surface Mining Control and Reclamation Act (SMCRA) authorization and need a streamlined Section 404 permit for minor impacts to jurisdictional waters.",[9,10,11,12,13,14],[35,36,37,38,39,40],[57,58,59,60,61],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[63,64,65,66],"NWP-3","NWP-14","NWP-44","NWP-50",{"title":68,"description":69},"NWP 21: Surface Coal Mining Activities - 2026 Permit Guide","Nationwide Permit 21 (NWP 21) for surface coal mining operations. Acreage limits, valley fill prohibitions, SMCRA coordination, and mandatory PCN on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-21-2026-Final-Decision-Document.pdf","Nwp 21",{"type":50},[63,64,65,66],{"title":68,"description":69},"permits/nwp-21","jOxz5mDkHRKAUpCbQ5aOd4J62hV6W6lAe2q6ZRB7Pew"]