NWP 44: Mining Activities

Discharges of dredged or fill material into non-tidal waters of the United States for mining activities, except for coal mining activities, provided the activity meets all of the following criteria: (a) For mining activities involving discharges of dredged or fill material into non-tidal jurisdictional wetlands, the discharge must not cause the loss of greater than 1/2-acre of non-tidal jurisdictional wetlands; (b) For mining activities involving discharges of dredged or fill material in non-tidal jurisdictional open waters (e.g., rivers, streams, lakes, and ponds) or work in non-tidal navigable waters of the United States (i.e., section 10 waters), the mined area, including permanent and temporary impacts due to discharges of dredged or fill material into jurisdictional waters, must not exceed 1/2-acre; and (c) The acreage loss under paragraph (a) plus the acreage impact under paragraph (b) does not exceed 1/2-acre.

Acreage limit

The limit NWP 44 applies depends on the water it is applied in.

Non-tidal waters: 1/2 acre of permanent loss
Tidal waters: No limit compiled for this permit

1/2-acre applies separately to non-tidal wetland loss and to mined area in non-tidal open waters, and to the combined total.

Pre-construction notification: Always required

Every use of NWP 44 requires a pre-construction notification to the district engineer before work begins. There is no minimum-impact threshold that exempts a project from this requirement.

If a PCN is required, general condition 32 gives the district engineer 30 calendar days to determine whether it is complete, then up to 45 calendar days from receipt of the complete PCN to respond before the permittee may proceed. Those are two separate clocks, not one.

Source

Federal Register citation: 91 FR 768
Effective date: March 15, 2026
Cited text: 91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026) Read the rule

What this page does not tell you

District regional conditions. Any of the 38 USACE districts can narrow NWP 44, add a notification requirement beyond general condition 32, or revoke the permit entirely inside its boundaries. PermitBird holds no compiled regional conditions yet. Check the district.
State Clean Water Act Section 401 certification. Each of the 54 states and territories must certify, condition, waive or deny use of this permit before it authorises a discharge there. PermitBird holds no compiled certification yet. Check the state.