Jersey,

US Army Corps of Engineers (USACE) play book
is one of the books in the Code of Federal Regulations (CFR).

Specifically '33 CFR parts 200 to end'.

You should be able to find this online.
If you do concentrate on sections around the 323 area.

It clearly states that the jurisdiction of the USACE is limited to "Waters of the United States" as defined as Navigable waters and streams/wetlands that are adjacent/immediately affect or impact upon Navigable waters.

The USACE likes to think that all flowing waters are eventually connected to navigable waters therefore all flowing waters no matter how small are "Waters of the United States". This is not the intention of the regs and is just silly because during a heavy rainstorm the rain gutter on my house could be considered "Waters of the United States".

This has more to do with "Power" than common sense and a fairly recent decision by the Supreme Court tried to remove this ambiguity.

Solid Waste Agency of Northern Cook County (SWANCC) v. US Army Corps of Engineers (USACE) ruled that "A body of water must be directly connected to navigable waters to be subject to Federal Wetlands jurisdiction".

I had a problem very similar to yours and complained to my Senator and Congressman. My Congressman launched a Congressional Inquiry into the matter.

I was in the process of digging my pond with permission from State, County, Town when the Feds gave me a 'Cease and Desist' order because I didnt go to them too.

My pond site is 1.5 miles away from the nearest charted stream and over 6 miles away from the nearest Navigable water. Once I rcvd permission from State & Local I never thought of contacting the Feds. Why should I ? my steam was so small you could step across it and it dries up in the summer time.

After a year and a half delay and assistance from my State & Local politicians I was told that if I stopped fighting the Feds jurisdiction they would gladly issue me the needed 404 permit. They wanted me out of their hair and I feel they felt like they didnt have a leg to stand on.

The Feds looked heavy handed but absolutely refused to give up any jurisdiction even when the CFRs and Supreme Court say otherwise.

The Feds tried to steamroll me but couldnt ignore the politicians.

I would not suggest lawyers because you really cant sue the Federal Govt unless you have more money and time than you know what to do with.
I think you will get more action from your political representatives.

My pond is going to be a Farm Pond and the Feds came across as denying me my right to farm. I think that is why all the politicians were so willing to listen to me. But even if yours is not a farm pond and does not impact upon Navigable waters then it is not "Waters of the United States". Right is right and the Feds shouldnt hinder your right to create a pond.

Good luck