Nationwide Permit 50 authorizes discharges of dredged or fill material into non-tidal waters of the United States associated with underground coal mining and reclamation operations. To qualify, activities must be authorized or currently under review by the Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE), or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The permit covers the construction of mine-related facilities such as portal areas, preparation plants, and support infrastructure, but it is strictly limited to non-tidal waters. It specifically prohibits the discharge of fill material into the watershed of any stream to create a valley fill or head-of-hollow fill. The total loss of non-tidal waters of the United States cannot exceed 1/2-acre for each single and complete project.
The 2026 reissuance of NWP 50 does not include any substantive modifications to the permit's terms or conditions compared to the 2021 version. The Corps determined that the existing 1/2-acre limit and mandatory pre-construction notification requirement remain effective at ensuring authorized activities result in no more than minimal individual and cumulative adverse environmental effects. Updates were made to the supporting decision document to incorporate the most recent environmental baseline data. This includes results from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the Corps' cumulative impact analysis is grounded in the latest available ecological science regarding the status of the nation's aquatic resources.
Compliance managers and project engineers for underground coal mining operations use this permit. It is required for mining companies that have secured SMCRA authorization and need Section 404/10 clearance for portal entries, preparation plants, and other surface support facilities impacting jurisdictional waters.
The Corps determined that the reissuance of NWP 50 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This determination is based on General Condition 18, which mandates project-specific ESA Section 7 consultation for any activity that '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 activity under NWP 50 requires a Pre-Construction Notification, district engineers review every proposal for potential impacts to historic properties. For Essential Fish Habitat (EFH), the Corps found that district engineers can apply regional or activity-specific conditions to ensure that underground mining support facilities do not cause more than minimal adverse effects.
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