COE = another acronym for Corps of Engineers.
the language (for "waters of the U.S.)used on our project with which the COE assumed regulatory jurisdiction was related to disturbing and or changing the course of the natural water way, and that no matter how insignificant the water way, it leads to an intermittant stream, and ultimately to a creek/river.
i think the general interp. for pondmeisters might be is that if you have an impoundment built before these regulations, you are not technically allowed to change it now without notification to the COE. then they rule whether or not you need a permit and their authorization.
if you want to build new, it will require notification. enforcement is another issue. they dont have the funds to run around and investigate aerial photos of the whole country to find out if people are ignoring the regulation.