Where are you in VA? I built a two acre pond near Lynchburg last year, and have recent experience working with our Corp of Engineers. Do you own the lot to the right of the proposed site? It appears that the intermittent stream begins on your site. I had the same situation. I was able to use up 300' of the steam bed PLUS back flood above the original starting point. That would mean you might be putting a spring in the pond, which is not good. If you try this, make sure the water source is actually coming from further up the hollow (as mine was).

I also have a tremendous contact for help with the permitting and any type of analysis that might need to be done. He retired from the COE a few years ago and started a company to help through these processes. And he really is helpful. Send me a PM if you want his contact info.