Notices. Notice of availability

4,384 words·~20 min read·/register/2007/08/24/07-4156

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3710-08-M DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Notice of Availability of the Draft Environmental Impact Report/Environmental Impact Statement for the Carryover Storage and San Vicente Dam Raise Project, San Diego County, CA AGENCY: U.S. Army Corps of Engineers, DOD. ACTION: Notice of availability. SUMMARY: The U.S. Army Corps of Engineers and the San Diego County Water Authority (Water Authority), as Co-Lead Agencies, have prepared a Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for the Carryover Storage and San Vicente Dam Raise Project (CSP).

The overall purpose of the CSP is to substantially increase the reliability and flexibility of the regional water supply by providing the Water Authority with facilities to accumulate and store approximately 100,000 acre feet

(AF)of water by the year 2011. During dry weather periods, increased regional demand for water may exceed local supplies resulting in potential water shortages. Water would be accumulated, when it is available, from a variety of sources and, once stored, would provide a reliable reserve against shortages when supply sources are limited. This type of operation is well suited for improving storage reliability during droughts. The EIR/EIS assesses the environmental effects of the CSP at San Vicente Reservoir (Proposed Action) and the proposed alternatives. DATES: Comments concerning this Draft EIR/EIS should be submitted by October 9, 2007. ADDRESSES: Submit written comments to Mr. Robert R. Smith, Regulatory Project Manager, U.S. Army Corps of Engineers, Rancho Bernardo Branch Office, ATTN: File Number 200601015-RRS, 16885 West Bernardo Drive, Suite 300A, San Diego, CA 92127; and to Ms. Kelley Gage, Senior Water Resources Specialist, San Diego County Water Authority, 4677 Overland Avenue, San Diego, CA 92123. FOR FURTHER INFORMATION CONTACT: Mr. Robert R. Smith, Regulatory Project Manager, U.S. Army Corps of Engineers, Rancho Bernardo Branch Office, at

(858)674-6784; or Ms. Kelley Gage, Senior Water Resources Specialist, San Diego County Water Authority, at

(858)522-6763. SUPPLEMENTARY INFORMATION: 1. *Authorization:* The U.S. Army Corps of Engineers, Los Angeles District, Regulatory Branch is considering an application from the Water Authority for a Department of the Army permit under Section 404 of the Clean Water Act to construct the Proposed Action. The primary Federal concern is the discharge of fill materials (including permanent inundation) within Federal jurisdictional areas and waters of the United States, and potential impacts on the human environment from such activities. The Corps' decision will be to either issue or deny a Department of the Army permit for the Proposed Action. The EIR/EIS has been prepared as a joint document in accordance with the California Environmental Quality Act

(CEQA)and State CEQA Guidelines (CCR Title 14, 15082(a), 15103, and 15375); the National Environmental Policy Act

(NEPA)(42 U.S.C. 4321 *et seq.* ) and its implementing regulations (40 CFR Part 1500 *et seq.* ); the Corps Procedures for Implementing NEPA (33 CFR Part 230); and with other appropriate federal laws and regulations, policies, and procedures of the Corps for compliance with those regulations. 2. *Background:* In August 1996, the Water Authority approved the Emergency Storage Project

(ESP)to provide local water storage to meet emergency needs within the Water Authority's service area. The approved ESP includes the following major components: A new dam, pipeline, and pump station at Olivenhain (complete); the Lake Hodges Pump Station and pipeline (under construction); the San Vicente Pipeline (under construction); and the San Vicente Pump Station/Surge Control Facility (in design). The ESP also includes expansion of the existing San Vicente Reservoir by raising the existing San Vicente Dam by 54 feet, providing approximately 52,100 AF of emergency water storage capacity. The ESP was evaluated in an EIR/EIS for which the Water Authority was Lead Agency under CEQA and the Corps was Lead Agency under NEPA. The Water Authority Board of Directors certified the Final EIR/EIS on August 15, 1996. The Corps issued a Record of Decision

(ROD)for the EIR/EIS on August 4, 1997, and an Individual Permit under Section 404 of the Clean Water Act (Permit No. 95-2009200-DZ) on August 18, 1997. The Water Authority completed a Regional Water Facilities Master Plan (Master Plan) in December 2002. The Master Plan contains an evaluation of the facilities and resources the Water Authority will need to fulfill its mission of providing a safe and reliable supply of water to its member agencies through the year 2030. The Master Plan identified an immediate need for additional carryover storage for the region, and identified an additional expansion of San Vicente Reservoir to include 100,000 AF of carryover storage as a component of each alternative. The Water Authority was the Lead Agency under CEQA for the Master Plan Program EIR, which was certified by the Water Authority Board on November 20, 2003. 3. *Proposed Action:* The Water Authority will be raising San Vicente Dam by 54 feet to provide approximately 52,100 AF of emergency water storage capacity in San Vicente Reservoir as part of the ESP. The Proposed Action involves an additional dam raise of 63 feet to provide approximately 100,000 AF of carryover storage capacity in the reservoir as part of the CSP. Because it would not be feasible or practicable to construct two separate raises of the dam due to issues such as cost, safety of the raised dam structure, and construction logistics, the two increases would be combined and constructed at the same time. Under both the ESP and CSP dam raises, the existing 220-foot high concrete gravity dam would be raised by as much as 117 feet using roller compacted concrete, expanding the usable reservoir volume by up to 152,100 AF to provide both ESP and CSP storage. 4. *Alternatives:* Three alternatives are evaluated in the Draft EIR/EIS, including the “No Action” Alternative; a new dam and 100,000 AF reservoir in Moosa Canyon near Valley Center in San Diego County, California (Moosa 100K Alternative); and a reduced raise of San Vicente Dam providing 50,000 AF of carryover storage capacity in San Vicente Reservoir, combined with a smaller new dam and 50,000 AF reservoir in Moosa Canyon (SV 50K/Moosa 50K Alternative). 5. *Scoping Process:* To initiate the public scoping process for the EIR/EIS in accordance with CEQA and NEPA guidelines, the U.S. Army Corps of Engineers (Corps) published a Notice of Intent

(NOI)in the **Federal Register** on October 10, 2006 (71 FR 59499), and the San Diego County Water Authority (Water Authority) circulated a Notice of Preparation

(NOP)through direct mailings and published a legal notice in the San Diego Union Tribune on October 8, 2006. The 30-day public review period for the NOI and NOP ended November 9, 2006. In addition, the Army Corps of Engineers and Water Authority conducted a scoping meeting prior to preparing the EIR/EIS to aid in determining the significant environmental issues associated with the Proposed Action. The meeting was held at the San Diego County Water Authority, 4677 Overland Avenue, San Diego, California, on November 1, 2006. An additional public meeting (“Community Forum”) was held in the Lakeside community on December 11, 2006. Although conducted outside the official NOI/NOP public scoping period, the Lead Agencies have agreed to give the comments received at the Lakeside Community Forum the same weight as those received during the NOI/NOP public scoping period, and are equally addressed in the EIR/EIS. Two public hearings to receive comments on the Draft EIR/EIS will be held by the Army Corps of Engineers and the Water Authority. The locations and times for the public hearings are as follows: • Lakeside Community Center, 9841 Vine St., Lakeside, CA, 92040 at 6:30 PM on October 8, 2007. • Valley Center High School, Maxine Theater, 31322 Cole Grade Road, Valley Center, CA 92082, at 6:30 p.m., on October 11, 2007. These public hearings will be announced in the local news media, and separate notice will also be sent to all parties on the project mailing list. Participation by all interested Federal, State and County resource agencies, as well as Native American peoples, groups with environmental interests, and all interested individuals is encouraged. The public review period will conclude 45 days after publication of this notice. Individuals and agencies may offer information or data relevant to the environmental or socioeconomic impacts by attending the above-referenced public meetings, or by mailing the information to Mr. Robert R. Smith or to Ms. Kelley Gage at the addresses provided in this notice prior to October 15, 2007. The U.S. Army Corps of Engineers and the Water Authority will consider public concerns on the Draft EIR/EIS. A summary of the public meetings and written comment letters and responses will be incorporated into the Final EIR/EIS as appropriate. The Final EIR/EIS will be considered and acted upon by the Water Authority's Board of Directors at a noticed public hearing. The Corps will sign the Record of Decision at least 30 days after the Notice of Availability of the Final EIR/EIS. Comments, suggestions, and requests to be placed on the mailing list for announcements and for the Draft Final EIR/EIS, should also be sent to Mr. Smith or Ms. Gage. 6. *Availability of the Draft EIR/EIS:* The Draft EIR/EIS and appendices are available for review and downloading from the Water Authority's Internet Web page at the following address: *http://www.sdcwa.org.* Copies of the Draft EIR/EIS and all documents referenced in the Draft EIR/EIS are available for public review by appointment at the Water Authority offices at the address provided in this notice. Please contact Ms. Kelley Gage at the Water Authority at

(858)522-6763 to set up an appointment. Please note that only qualified individuals will be allowed to review the confidential cultural resources appendices. Copies of the Draft EIR/EIS and appendices are also available for public review at the following locations:

(1)Lakeside Public Library, 9839 Vine Street, Lakeside, CA 92040.

(2)Valley Center Public Library, 29200 Cole Grade Road, Valley Center, CA 92082. Mark Durham, Chief, South Coast Branch, Los Angeles District, U.S. Army Corps of Engineers. [FR Doc. E7-16696 Filed 8-23-07; 8:45 am] BILLING CODE 3710-KF-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent To Prepare an Environmental Impact Statement for Homer Harbor Navigation Improvements Feasibility Study AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. SUMMARY: The U.S. Army Corps of Engineers (USACE) announces its intention to prepare an Environmental Impact Statement

(EIS)to study the feasibility of expanding the existing moorage capacity for vessels at Homer, AK. This study will be performed through partnership of USACE, the City of Homer, and the Alaska Department of Transportation and Public Facilities. The existing moorage condition at Homer is at maximum capacity, resulting in overcrowded and unsafe conditions for harbor users. Additionally, the City will be unable to meet the growing moorage demands of commercial, Government, recreation, and subsistence vessels in the near future. The EIS will address potential environmental impacts of the construction, operation, and maintenance of the new and existing harbor. USACE will hold public scoping meetings in Homer, AK. DATES: The location, date, and time for the first scoping meeting will be as follows: Homer, AK: Thursday, September 6, 2007, from 1-6 p.m. at the Alaska Islands and Ocean Visitor Center. Subsequent meetings will be advertised in the Homer News and Homer Tribune. ADDRESSES: Please direct comments or suggestions on the scope of the EIS to: Ms. Lisa Rabbe, NEPA Coordinator, U.S. Army Corps of Engineers, Alaska District, EN-CW-ER, P.O. Box 6898, Elmendorf AFB, AK 99506-0898; Phone: 907-753-2634; Fax:

(907)753-2625, e-mail *Lisa.a.rabbe@poa02.usace.army.mil* (please use “NOI Comments on Homer Harbor” for the subject). FOR FURTHER INFORMATION CONTACT: For information or questions concerning the proposed project, contact: Mr. Pat Fitzgerald, Study Manager, U.S. Army Corps of Engineers, Alaska District, EN-CW-PF, P.O. Box 6898, Elmendorf AFB, AK 99506-0898; Phone: 907-753-5638; Fax:

(907)753-2625; e-mail: *patrick.s.fitzgerald@usace.army.mil.* SUPPLEMENTARY INFORMATION: Background The City of Homer was established in 1964. The Homer Harbor was initially constructed in 1961 and was expanded to its existing configuration in 1984. The harbor accommodates a large array of commercial, Government, recreation, and subsistence vessels. Purpose and Need for Agency Action The City of Homer needs to expand the existing harbor to a more efficient and safe harbor for navigation and mooring for its users. The existing Homer Harbor is utilized beyond its capacity. The harbor is not able to appropriately accommodate the needs of some of the larger commercial fishing vessels. Overcrowding of large vessels often results in increased damages to the vessels and docks. Overcrowding is also a problem for smaller commercial fishing, charter, and recreational vessels that use Homer Harbor. Additionally, the depths within the harbor are inadequate for these larger vessels on lower tides, which can result in vessel delays. In addition, the U.S. Coast Guard and other federal and state vessels do not have adequate security for their vessels at their individual piers. A common area for state and federal vessels will decrease the administrative and personnel burdens for security measures needed to protect the vessels. Operators of larger vessels have expressed that they would be interested in using Homer Harbor on a longer term basis if it were not as crowded and suitable moorage were available. Many of these operators are known to travel back to the Pacific Northwest for moorage. If suitable moorage were available in Homer, they could save the costs of the trip back to the Pacific Northwest. There is an opportunity to save operating costs, damages, and opportunity costs of time for crews of these vessels by providing additional protected moorage at Homer. The USACE authority to conduct this study is provided by the “Rivers and Harbors in Alaska” study resolution adopted by the U.S. House of Representatives Committee on Public Works on December 2, 1970. This EIS will assess the potential environmental impacts of constructing, operating, maintaining an expanded and/or new harbor as well as other reasonable alternatives. The EIS will aid decision making on the Homer Harbor study by evaluating the environmental impacts of the range of reasonable alternatives, as well as providing a means for public input into the decision making process. USACE is committed to ensuring that the public has ample opportunity to participate in this review. Preliminary Alternatives Consistent with NEPA implementation requirements, this EIS will assess the range of reasonable alternatives regarding constructing, operating, and maintaining the proposed Homer Harbor project. The following preliminary list of alternatives is subject to modification in response to comments received during the public scoping process. *Alternative 1:* North Harbor Site. This harbor would be constructed on the east side of the spit between the existing Homer Harbor and the ADF&G fishing hole. Rubble mound breakwaters would be necessary for wave protection. Significant dredging would be required for the mooring basin and entrance channel and the project would likely require extensive annual dredging. *Alternative 2:* East Harbor Site (Preferred Alternative). This site is on the Kachemak Bay side of the upland staging area created when the harbor was expanded in 1984. This site avoids the need for a long entrance channel by placing the new basin in naturally deep waters. Dredging of the mooring basin and entrance channel would be required. *Alternative 3:* Harbor Expansion. This alternative includes expansion of the existing harbor by dredging and excavating a portion of the existing 30-acre staging area adjacent to the harbor. No new breakwaters would be required. This excavation would eliminate vital uplands on the Homer Spit. These areas of uplands are currently used as a parking and staging area, location of the U.S. Coast Guard buildings, and are integral to the movement of goods delivered from vessels at the City's deep water dock. *No Action Alternative:* Under the “no action” alternative, the Homer Harbor would continue the “status quo” and over time become more crowded and safety issues would elevate. Where applicable under the alternatives listed above, disposal options, such as deep sea dumping, shoreline dumping, offsite dumping, will be considered for each alternative. Further, USACE would appreciate comments regarding whether there are additional siting alternatives for the Homer Harbor that should be considered. Identification of Environmental and Other Issues USACE intends to address the following environmental issues when assessing the potential environmental impacts of the alternatives in this EIS. Additional issues may be identified as a result of the scoping process. USACE invites comment from the Federal agencies, Native American tribes, State and local governments, and the general public on these and any other issues that should be considered in the EIS: • Potential impacts on health from the Homer Harbor project include: Potential impacts to workers during the construction of the facilities. • Potential impacts to surface water, tidelands and fauna include turbidity from construction activities. • Potential impacts on air quality from emissions and from noise during harbor construction and operations. • Potential cumulative impacts of the past, present, and reasonably foreseeable future actions include impacts resulting from activities of the U.S. Coast Guard and commercial operations. • Potential impacts to historically significant properties, if present, and on access to traditional use areas. • Potential impacts on local, regional, or national resources from materials and utilities required for construction and operation. • Potential impacts on ecological resources, including threatened and endangered species and water quality. • Potential impacts on local employment, income, population, housing, and public services from harbor construction and operations. NEPA Process The EIS for the proposed project will be prepared pursuant to the NEPA of 1969 (42 U.S.C. 4321 *et seq.* ), Council on Environmental Quality NEPA Regulations (40 CFR parts 1500-1508), and USACE's NEPA Implementing Procedures (33 CFR parts 230 and 325). Following the publication of this Notice of Intent, USACE will hold scoping meetings, prepare and distribute the draft EIS for public review, hold public hearings to solicit public comment on the draft EIS, and publish a final EIS. Not less than 30 days after the publication of the U.S. Environmental Protection Agency's Notice of Availability of the final EIS, USACE may issue a Record of Decision

(ROD)documenting its decision concerning the proposed action. Scoping Meetings The purpose of this Notice is to encourage early public involvement in the EIS process and to solicit public comments on the proposed scope of the EIS, including the issues and alternatives it would analyze. USACE invites public comments on the proposed scope of the Homer Harbor Project EIS. To ensure consideration, comments must be postmarked by October 30, 2007. Late comments will be considered to the extent practicable. Public meetings will be held in Homer, AK and will provide the public with an opportunity to present comments on the scope of the EIS and to ask questions and discuss concerns with USACE officials regarding the EIS. USACE will hold public scoping meetings in Homer, AK (see DATES ) to solicit both oral and written comments from interested parties. Oral and written comments will be considered equally in the preparation of the EIS. The scoping meetings will not be conducted as evidentiary hearings. During at least the first hour of each scoping meeting, USACE officials will be available for informal discussions with attendees. During the formal part of the meeting, the public will have the opportunity to provide comments orally or in writing. The presiding officer will establish procedures to ensure that everyone who wishes to speak has a chance to do so. In addition, the presiding officer may set a time limit for each speaker. Comment cards will also be available for those who would prefer to submit written comments. The EIS will also contain a section summarizing the nature of the comments received during the scoping process and describing any modification to the scope of the EIS in response to the scoping process comments. EIS Schedule The draft EIS is scheduled to be published by June 2009. A 45-day comment period on the draft EIS is planned, which will include public meetings to receive oral comments. Availability of the draft EIS, the dates of the public comment period, and information about the public hearings will be announced in the **Federal Register** and in the local news media. The final EIS for the Homer Harbor project is scheduled for January 2010. A ROD would be issued no sooner than 30 days after the U.S. Environmental Protection Agency notice of availability of the final EIS is published in the **Federal Register** . Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E7-16796 Filed 8-23-07; 8:45 am] BILLING CODE 3710-NL-P DEPARTMENT OF EDUCATION President's Board of Advisors on Historically Black Colleges and Universities AGENCY: U.S. Department of Education, President's Board of Advisors on Historically Black Colleges and Universities. ACTION: Notice of an Open Meeting. SUMMARY: This notice sets forth the schedule and agenda of the meeting of the President's Board of Advisors on Historically Black Colleges and Universities. This notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend. DATES: Wednesday, September 12, 2007. Time: 9 a.m.-3 p.m. ADDRESSES: The Board will meet at the Hyatt Regency Washington on Capitol Hill, 400 New Jersey, NW., Washington, DC 20001. Phone: 202-737-1234, Fax: 202-737-5773. FOR FURTHER INFORMATION CONTACT: Charles M. Greene, Executive Director, White House Initiative on Historically Black Colleges and Universities, 1990 K Street, NW., Washington, DC 20006; telephone:

(202)502-7511, fax: 202-502-7852. SUPPLEMENTARY INFORMATION: The President's Board of Advisors on Historically Black Colleges and Universities is established under Executive Order 13256, dated February 12, 2002 and Executive Order 13316 dated September 17, 2003. The Board is established

(a)to report to the President annually on the results of the participation of historically black colleges and universities (HBCUs) in federal programs, including recommendations on how to increase the private sector role in strengthening these institutions, with particular emphasis given to enhancing institutional planning and development; strengthening fiscal stability and financial management; and improving institutional infrastructure, including the use of technology, to ensure the long-term viability and enhancement of these institutions;

(b)to advise the President and the Secretary of Education (Secretary) on the needs of HBCUs in the areas of infrastructure, academic programs, and faculty and institutional development;

(c)to advise the Secretary in the preparation of an annual Federal plan for assistance to HBCUs in increasing their capacity to participate in Federal programs;

(d)to provide the President with an annual progress report on enhancing the capacity of HBCUs to serve their students; and

(e)to develop, in consultation with the Department of Education and other Federal agencies, a private sector strategy to assist HBCUs. Agenda The purpose of the meeting is to receive and deliberate on policy issues pertinent to the Board and the nation's HBCUs and to discuss relevant issues to be addressed in the Board's annual report. This meeting will also provide the Board a forum to vote and approve action items regarding implementation of Presidential Executive Order 13256. Additional Information Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, or material in alternative format) should notify ReShone Moore at

(202)502-7893, no later than Friday, August 31, 2007. We will attempt to meet requests for accommodations after this date, but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. An opportunity for public comment is available on Wednesday, September 12, 2007, between 2:30 p.m. and 3 p.m. Individuals who wish to provide comments will be allowed three to five minutes to speak. Those members of the public interested in submitting written comments may do so by submitting them to the attention of Charles M. Greene, 1990 K Street, NW., Washington, DC, by Friday, August 31, 2007. Records are kept of all Board proceedings and are available for public inspection at the office of the White House Initiative on Historically Black Colleges and Universities, U.S. Department of Education, 1990 K Street, NW., Washington, DC 20006, Monday-Friday during the hours of 8 a.m. to 5 p.m. *Electronic Access to this Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498; or in the Washington, DC, area at 202-512-1530. Diane Auer Jones, Assistant Secretary, Office of Postsecondary Education, U.S. Department of Education. [FR Doc. E7-16820 Filed 8-23-07; 8:45 am] BILLING CODE 4000-01-P ELECTION ASSISTANCE COMMISSION Sunshine Act Notice AGENCY: United States Election Assistance Commission. ACTION: Notice of Public Meeting and Hearing Agenda. Date & Time: Thursday, September 6, 2007, 10 a.m.-5 p.m. Place: U.S. Election Assistance Commission, 1225 New York Ave, NW., Suite 150, Washington, DC 20005. (Metro Stop: Metro Center). Agenda: The Commission will consider the following topics: Commissioners will discuss EAC's regulatory authority under the National Voter Registration Act

(NVRA)and consider approving a process for adopting NVRA regulations; Commissioners will discuss EAC's regulatory and administrative responsibilities and discuss other administrative matters. EAC will provide a public comment period to receive comments regarding the commission's regulatory authority under the NVRA. Members of the public who wish to speak must contact and register with EAC by 5 p.m. on Tuesday, September 4, 2007. Speakers may contact EAC via e-mail at *testimony@eac.gov,* or via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave, NW., Suite 1100, Washington, DC 20005, or by fax at 202/566-3127. Comments will be strictly limited to 4 minutes per person or organization to ensure the fullest participation possible. All speakers will be contacted prior to the hearing. EAC also encourages members of the public to submit written testimony via e-mail, mail or fax. All public comments will be taken in writing via e-mail at *testimony@eac.gov,* or via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave, NW., Suite 1100, Washington, DC 20005, or by fax at 202/566-3127. This meeting and hearing will be open to the public. FOR FURTHER INFORMATION CONTACT: Bryan Whitener, *Telephone:*

(202)566-3100. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. 07-4156 Filed 8-21-07; 2:48 pm]

Connectionstraces to 2

Traces to 2 documents

U.S. Code