Jersey, I never said I built my pond on a place considered a "wetland" area. I bought my land with my hard earned dollars, it took me many months to find the perfect spot. I didn't count on a stream to provide my water, I knew exactly what the topo maps read for my watershed area, I also knew the annual rainfall along with the 25-30 year storm thresholds. I have 36" freeboard, a wide spillway, and the water level is at an all time high...very unusual for my area.
You seem to be under the impression that everyone needs a 404. I tried to provide you with the exemptions to benefit you with alternatives, but you threw them back in my face...I don't need them, feel free to re-reference YOUR loopholes.
Texas also allows wildlife exemptions, please don't insult my intelligence there, I have 2 ag exemptions and 1 wildlife...compared to your figures, I can run about 1/2 the cattle on 1/2 the size. My exemptions are strictly for tax purposes.
Have you considered an alternative approach ? You DON'T have to "plug" the creek to have a pond, with 44 acres you should be able to find another location somewhat removed from the creek causing you problems. If the focus is on waterways, distance from it. With a creek, you're subject to a washout anyway with a huge storm.