[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-49":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":5,"meta":41,"name":45,"pcnTrigger":71,"publicComments":51,"purpose":50,"relatedPermits":72,"seo":73,"shortName":46,"sourceDocumentUrl":69,"statutoryAuthority":47,"stem":74,"whoNeedsThis":52,"__hash__":75},"permits/permits/nwp-49.json",null,"The 2026 reissuance of NWP 49 maintains the same national terms and conditions as the 2021 version, with no substantive modifications to the permit requirements. The Corps reevaluated the permit's effectiveness and determined that the existing requirement for a mandatory pre-construction notification (PCN) for all projects remains a sufficient safeguard to ensure that remining activities result in no more than minimal individual and cumulative adverse environmental effects.\n\nWhile the regulatory text is unchanged, the supporting decision document was updated to incorporate the most recent environmental baseline data. This includes results from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. These updates ensure the Corps' finding that the cumulative effects of these restoration-oriented activities remain minimal is supported by the latest available ecological science.","49",[9,10,11,12,13,14],"Reclamation of an abandoned mine site with acid mine drainage","Incidental coal extraction during the restoration of a previously mined area","Filling of abandoned mine pits that are determined to be jurisdictional waters","Construction of sediment ponds to treat runoff from a remining site","Stabilization of eroding stream banks on abandoned mine lands","Restoration of natural stream channels previously diverted by coal mining","2026-03-15","The Corps determined that the reissuance of NWP 49 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 complete. Because every project under NWP 49 requires a PCN, the district engineer has the opportunity to review every proposal for potential impacts to these species.\n\nCompliance with Section 106 of the National Historic Preservation Act (NHPA) is managed through General Condition 20. The mandatory PCN allows the Corps to evaluate every proposed remining operation for potential effects on historic properties. For Essential Fish Habitat (EFH), district engineers apply regional or case-specific conditions to ensure that sediment management and reclamation work 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 all coal remining under NWP 49?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 49 before you can begin work.",{"q":23,"a":24},"What is the acreage limit for NWP 49 projects?","NWP 49 does not have a specific national numeric acreage limit. The district engineer evaluates each project via the PCN to ensure that impacts are minimal and that the project results in a net environmental gain.",{"q":26,"a":27},"Must I have SMCRA authorization to use this permit?","Yes, the activity must already be authorized or currently being processed by OSMRE or a state program under the Surface Mining Control and Reclamation Act.",{"q":29,"a":30},"How do I prove a 'net improvement' in water quality?","The PCN must include information demonstrating how the project will reduce pollutant loadings (like acid mine drainage) or improve aquatic functions compared to the existing abandoned state.",{"q":32,"a":33},"Does this permit allow for the disposal of mine waste in streams?","NWP 49 does not authorize the discharge of fill material into the watershed of any stream to create a valley fill or head-of-hollow fill.",[35,36,37,38,39,40],"Activity must be authorized or in process under SMCRA (Title IV or V)","Pre-Construction Notification (PCN) is mandatory for all activities","Permittee must demonstrate a net improvement in water quality","Total loss of waters cannot exceed minimal impact as determined by the DE","Does not authorize the creation of new valley fills or head-of-hollow fills","Temporary fills must be removed and the site restored to pre-event contours",{"path":42,"body":43,"title":70},"/permits/nwp-49",{"id":44,"code":7,"name":45,"shortName":46,"statutoryAuthority":47,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":48,"effectiveDate":15,"purpose":50,"changesFrom2021":6,"environmentalReview":16,"publicComments":51,"whoNeedsThis":52,"commonProjects":53,"keyConditions":54,"faq":55,"relatedPermits":61,"seo":66,"sourceDocumentUrl":69},"nwp-49","Coal Remining Activities","NWP 49","10/404",{"type":49},"mandatory","Nationwide Permit 49 authorizes the discharge of dredged or fill material into non-tidal waters of the United States associated with the remining and reclamation of lands that were previously mined for coal. This permit is designed to facilitate the reclamation of abandoned mine lands and previously mined areas where coal extraction may still be viable. To qualify, these activities must be authorized or currently in process 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 (SMCRA).\n\nThe scope of this permit includes the reclamation of abandoned mine land areas, including those with acid mine drainage, and other reclaimed mine sites. The primary goal is to encourage the restoration of these degraded areas while allowing for incidental coal extraction. The permittee must demonstrate to the Corps that the project will result in an overall net improvement in water quality and a reduction in pollutant loadings, such as sediment or acid mine drainage, within the watershed.","During the public comment period, some commenters expressed concern that remining activities could temporarily increase sediment loads in streams. The Corps responded that the permit requires the applicant to demonstrate a long-term net improvement in water quality and that the mandatory PCN process allows the district engineer to require specific best management practices to minimize temporary impacts during the reclamation phase.\n\nOther commenters supported the permit, noting that it provides an incentive for private industry to clean up abandoned mine lands that the government might not otherwise have the resources to reclaim. The Corps affirmed that NWP 49 is an important tool for ecological restoration in coal regions, provided that projects are properly coordinated with SMCRA authorities and result in overall watershed benefits.","Compliance managers for coal mining companies and state agencies involved in Abandoned Mine Land (AML) reclamation programs typically use this permit. It is required for any project seeking to extract remaining coal from previously mined sites while simultaneously performing environmental restoration in jurisdictional waters.",[9,10,11,12,13,14],[35,36,37,38,39,40],[56,57,58,59,60],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[62,63,64,65],"NWP-21","NWP-27","NWP-37","NWP-38",{"title":67,"description":68},"NWP 49: Coal Remining Activities - 2026 Permit Guide","Nationwide Permit 49 (NWP 49) for coal remining and reclamation. Water quality improvement requirements, mandatory PCN, and Section 404 compliance rules on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-49-2026-Final-Decision-Document.pdf","Nwp 49",{"type":49},[62,63,64,65],{"title":67,"description":68},"permits/nwp-49","8pI4wJ1wG5LLgSKAN5uGe_N4eKH6AwdmlmSaa_8NE4w"]