I live in NY and currently own approximately 70% of a <0.05 acre manmade freshwater pond that is shared with a problematic neighbor. The pond has been in place long enough that it appears in USACE freshwater pond mapping as a manmade wetland. It was once used as a farm pond.

We'd like to build a new pond of similar size and utilize the fill material from the new pond to backfill our portion of the old pond. In other words, move the pond over by 50 ft. The new pond will be used for irrigation, recreational fishing, and livestock (chicken) watering. Our attorneys have confirmed no issues will exist due to shared ponds and "inland navigable waters" and NYSDEC has confirmed they have no interest.

I'm confused, though, about what's involved with USACE. Do I need to go through a formal USACE delineation and Section 404 permitting process? At face value my project seems like just a farm pond project which is exempt from CWA.