[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-44":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-44.json",0.5,"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.\n\nWhile 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.","44",[9,10,11,12,13,14],"Construction of a sand and gravel wash plant in non-tidal waters","Placement of fill for a mine haul road crossing a stream","Excavation and filling for a hard rock mineral processing facility","Installation of sediment ponds for a crushed stone quarry","Mechanized land clearing for a new non-fuel mineral mine site","Construction of support buildings and equipment pads for mining","2026-03-15","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.\n\nCompliance 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.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for aggregate mining under NWP 44?","Yes, a Pre-Construction Notification (PCN) is mandatory for all mining activities authorized by NWP 44 before work can begin.",{"q":23,"a":24},"Can I use NWP 44 for a coal mining project?","No, NWP 44 specifically excludes coal mining activities. Coal mining is authorized under NWP 21.",{"q":26,"a":27},"What are the acreage limits for NWP 44?","The permit limits the loss of non-tidal jurisdictional wetlands to 1/2-acre and the loss of non-tidal jurisdictional open waters to 1/2-acre.",{"q":29,"a":30},"Do I need to provide a reclamation plan?","Yes, a description of the proposed mining and reclamation plan must be included in the mandatory PCN submittal.",{"q":32,"a":33},"Does this permit allow mining in tidal waters?","No, NWP 44 is strictly limited to discharges and work in non-tidal waters of the United States.",[35,36,37,38,39,40],"Loss of non-tidal jurisdictional wetlands cannot exceed 1/2-acre","Loss of non-tidal jurisdictional open waters cannot exceed 1/2-acre","Pre-Construction Notification (PCN) is mandatory for all activities","Does not authorize coal mining activities (see NWP 21)","Must include a reclamation plan with the PCN submittal","Temporary fills must be removed and site restored to original elevations",null,{"path":43,"body":44,"title":71},"/permits/nwp-44",{"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-44","Mining Activities","NWP 44","10/404",{"type":50},"mandatory","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.\n\nThe 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.","During the public comment period, some commenters suggested that mining activities are too impactful for a general permit and should always require individual permits. Others requested more flexibility in the acreage limits to accommodate larger-scale industrial mineral extraction. The Corps maintained the 1/2-acre limit, stating it provides a necessary safeguard to ensure impacts stay minimal while providing a predictable path for small-scale operators.\n\nOther feedback focused on the potential for mining to impact downstream water quality through sedimentation. The Corps responded by emphasizing that General Condition 12 (Soil Erosion and Sediment Controls) and General Condition 23 (Stormwater Management) require permittees to implement rigorous Best Management Practices to manage runoff and protect water quality.","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.",[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-21","NWP-33","NWP-37",{"title":68,"description":69},"NWP 44: Mining Activities - 2026 Permit Guide","Nationwide Permit 44 (NWP 44) for sand, gravel, and non-coal mining in wetlands. 1/2-acre limit, reclamation plan requirements, and mandatory PCN on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-44-2026-Final-Decision-Document.pdf","Nwp 44",{"type":50},[63,64,65,66],{"title":68,"description":69},"permits/nwp-44","wyyXNpF0T0gEQRvyf0n9M9GsFcYafZzPNo6dGB4UnuI"]