J.R.,
Welcome to Pond Boss. You'll enjoy the resources available to you here.
Regarding your situation, don't let others here discourage you...a consultant specializing in this field will get you a long way.
Here is where you start:
1. Have a limited wetlands assessment performed by a professional in this field.
2. The LWA will determine if you need to contact the USACE. The LWA will also conclude what type (if any) of wetland you have.
3. Should you have a wetland and need a permit (it's actually called a pre-construction notification) from the USACE, you will probably be able to qualify under a section of the Nationwide Permit Section 404. The LWA will be a guidance document during this part of the process.
4. If your consultant cannot find a Nationwide Permit to classify your project, you'll have to file for an individual permit. This process is a little longer and more costly, but not impossible.
Here are some key points to keep in mind:
1. Until you have a professional perform a LWA, don't make presumptions on the feasibility of your project.
2. The USACE is mostly concerned with the mitigation of that wetland. For instance, if the "wetland" you think is on this piece of property is degraded (your consultant will be able to identify this for you); you may be able to work within a NW permit.
3. The USACE loves to see a mitigation plan for enhancing or rebuilding wetland on-site for what you destroy when you build your pond.
4. Although federal law supercedes any state and local laws where conflict about a certain rule of that law applies, there might also be some local and state requirements as well as the USACE requirements when working around wetlands or building bodies of water.
Typically your local NRCS office is going to be more privy on knowing the local and state laws. 9 times out of 10, the NRCS will not give you accurate information regarding the USACE.
Lastly, do not let anyone discourage you from your project. Hire a professional consultant that specializes in this field and he/she will get you a long way, with the most accurate information available.
I hope this is helpful. The best of luck with your project!
