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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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SPK-2023-00103, Public Notice of Proposed Johnson Cosumnes Mitigation Bank, Sacramento County, California.

Published Oct. 6, 2023
Expiration date: 11/6/2023

Comment Period: October 6, 2023 – November 6, 2023

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a proposal to establish the Johnson Cosumnes Mitigation Bank. Development of the Proposed Bank would occur in two phases, with both phases totaling approximately 204 acres. Phase 1 of the Proposed Bank would result in the re-establishment and enhancement of approximately 142.75 acres of waters of the United States. Phase 2 of the Proposed Bank would result in re-establishment and enhancement of approximately 61.84 acres of waters of the United States. Both Phase 1 and Phase 2 would include re-establishment and enhancement of Waters of the United States including wetlands, in or adjacent to the Lower Cosumnes River (1804001308) watershed. This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at A copy of the Johnson Cosumnes Mitigation Bank prospectus is available online at the following location:  

AUTHORITY: This prospectus is being evaluated under 33 Code of Federal Regulations (CFR) Part 332.8.

SPONSOR:         Westervelt Ecological Services
                             Attn: Mr. Jack Larriviere
                             3636 American River Drive, Suite 120
                             Sacramento, California 95864

LOCATION: The approximately 217-acre site is located near the confluence of the Cosumnes River and Laguna Creek, Latitude 38.28723°, Longitude -121.38127°, in Sacramento County, California (Figure 1).

PROJECT DESCRIPTION: For mitigation banks: The prospective Sponsor proposes to establish an approximately 204-acre mitigation bank constructed in two phases (Figure 2). Phase 1 of the project would result in the re-establishment of approximately 124.16 acres, and enhancement of 18.59 acres of waters of the United States, including wetlands, in or adjacent to the Lower Cosumnes River (1804001308) watershed. Phase 2 would result in the re-establishment of approximately 43.20 acres, and enhancement of 18.64 acres of waters of the United States, including wetlands, in or adjacent to the Lower Cosumnes River (1804001308) watershed. The mitigation bank proposes to offer 132.68 floodplain mosaic wetland re-establishment credits, 34.68 floodplain riparian re-establishment credits, and 37.23 floodplain riparian enhancement credits (Figure 3).

The Service Area is proposed to encompass the Upper Cosumnes (HUC 18040013) and Upper Mokelumne (HUC 18040012) 8-digit Hydrologic Unit Code (HUC) sub-basins, and all adjacent 8-digit HUC sub-basins as well as Rock Creek-French Camp Slough (HUC 18040051) 8-digit HUC sub-basin, limited on the east by the Central California Foothills Ecoregion. The attached drawings provide additional details
(Figure 4).


Environmental Setting. There are approximately 7 acres of riverine wetlands, 32 acres of riparian wetlands, and 2 acres of pond wetlands within the project area. The Cosumnes River flows through the center of the Study Area, and Laguna Creek flows in from the northeast corner and meanders southwesterly to its confluence with the Cosumnes River. The site is predominately characterized by agricultural and open space land use. The majority of the site is either actively farmed, periodically farmed, and/or used for staging and other operational activities. Habitat types within the site include cropland, fallow field, disturbed, valley riparian, riverine and open water, pond, and ruderal habitats.

A Department of the Army permit may be required for restoration activities.

OTHER GOVERNMENTAL AUTHORIZATIONS: The Interagency Review Team responsible for the review and approval of the proposed mitigation includes representatives from the Corps, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, California Department of Fish and Wildlife, and Central Valley Regional Water Quality Control Board.

HISTORIC PROPERTIES: Potentially eligible cultural resources may be affected by the Bank. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: The proposed Bank may affect federally-listed endangered or threatened species or their critical habitat. The Corps will initiate consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT: The proposed Bank may adversely affect Essential Fish Habitat. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.

The above determinations are based on information provided by the Sponsor and our preliminary review.

EVALUATION FACTORS: The Corps is soliciting comments from the public, federal, state, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of this proposed Bank. Any comments received will be considered by the Corps to assess impacts on endangered species, historic properties, water quality, general environmental effects and other public interest factors. Comments are used in the evaluation of the proposed Bank per 33 CFR Part 332.8 and in the preparation of an Environmental Assessment pursuant to the National Environmental Policy Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice
SPK-2023-00103 must be submitted via email to the office listed below on or before October 11, 2023.

Denielle Wise, Project Manager
U.S. Army Corps of Engineers, Sacramento District
Special Projects Branch
Telephone: (916) 557-7186

Attachments: 4 drawings

Figure 1: Location Maps

Figure 2: Construction Phases

Figure 3: Conceptual Design

Figure 4: Proposed Service Area