Nationwide Permit 44 authorizes discharges of dredged or fill material into non-tidal waters of the United States for various mining activities, excluding coal mining. This includes aggregate mining (such as sand, gravel, and crushed stone), hard rock mining (extraction of metal ores), and other non-fuel mineral mining. The permit covers the construction of mine sites, support facilities, and the necessary infrastructure to access and process mineral resources. The scope is strictly limited to non-tidal waters and carries specific impact thresholds: the loss of non-tidal jurisdictional wetlands cannot exceed 1/2-acre, and the loss of non-tidal jurisdictional open waters (like streams or lakes) also cannot exceed 1/2-acre. The permit is designed to facilitate small-scale mining operations while ensuring that the aquatic environment is protected from significant degradation.
The 2026 reissuance of NWP 44 contains no substantive changes to the permit's national terms, conditions, or acreage limits compared to the 2021 version. The Corps reevaluated the performance of the permit and determined that the existing 1/2-acre thresholds and mandatory pre-construction notification remain appropriate for ensuring that authorized mining activities result in no more than minimal individual and cumulative adverse environmental effects. While the regulatory text is unchanged, the supporting decision document has been updated with the latest environmental baseline data. This includes results from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the cumulative impact analysis reflects the most current ecological status of jurisdictional waters across the country.
Compliance managers for aggregate producers, hard rock mining companies, and industrial mineral extractors use this permit. It is required for any non-coal mining operation involving the placement of fill or structures in non-tidal wetlands, streams, or other jurisdictional waters.
The Corps determined that the reissuance of NWP 44 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This finding is supported by General Condition 18, which requires project-specific ESA Section 7 consultation if an activity 'might affect' listed resources; no activity is authorized until that process is finished. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 44 requires a Pre-Construction Notification, district engineers are able to review each mining plan for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers apply regional or case-specific conditions to ensure that mining operations do not cause more than minimal adverse effects on sensitive aquatic environments.
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