Excellent post, I hope it clarifies things for Jersey and others. I would like for him to get his pond and move forward. Referencing Page 2 of this post : "404 is intended to stop pollutants from entering the wetland areas"

1) Are you in a wetland area ? If so, you'll need a permit. Case studies here show they aren't as bad to deal with as the horror stories suggest.
2) No wetland area, know your rights, take before and after pics of low lying areas near your pond, just to be safe.

Quite honestly, I believe local chapters mean a lot when it comes to regulations (State or Federal)...I also appreciate the work of everyone who achieved issuing Comorant Permits in TX. United we stand, divided we fall...kind of stole that line \:\)