UNITED STATES FISH & WILDLIFE SERVICE

ENVIRONMENTAL ACTION STATEMENT

Within the spirit and intent of the Council of Environmental Quality’s regulations for implementing the National Environmental Policy Act (NEPA) and other statutes, orders and policies that protect fish and wildlife resources, I have established the following administrative record and have determined that the action of the Final Restoration Plan and Environmental Assessment for the Love Canal, 102^nd Street and Forest Glen Mobile Home Subdivision Superfund Sites in the vicinity of Niagara Falls, New York:

____ is a categorical exclusion as provided by 516 DM 6 Appendix 1 and 516 DM 6, Appendix 1. No further documentation will therefore be made.

XX_ is found not to have significant environmental effects as determined by the attached Environmental Assessment and Finding of No Significant Impact.

____ is found to have significant effects, and therefore further consideration of this action will require a notice of intent to be published in the Federal Register announcing the decision to prepare an EIS.

____ is not approved because of unacceptable environmental damage, or violation of Fish and Wildlife Service mandates, policy, regulations, or procedures.

____ is an emergency action within the context of 40 CFR 1506.11. Only those actions necessary to control the immediate impacts of the emergency will be taken. Other related actions remain subject to NEPA review.

Other supporting documents (list):

Final Restoration Plan and Environmental Assessment for the Love Canal, 102^nd Street and Forest Glen Mobile Home Subdivision Superfund Sites, including public comments.

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Region 5 NRDAR Coordinator Date

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Region 5 NEPA Coordinator Date

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Regional Director/DOI Authorized Official Date

FINDING OF NO SIGNIFICANT IMPACT

FINAL RESTORATION PLAND AND ENVIRONMENTAL ASSESSMENT FOR THE LOVE CANAL, 102^ND STREET, AND FOREST GLEN MOBILE HOME SUBDIVISION SUPERFUND SITES

The U.S. Department of the Interior, National Oceanic and Atmospheric Administration, and the State of New York have completed a Final Restoration Plan and Environmental Assessment (RP/EA)) that will restore, replace, and/or acquire the equivalent of the natural resources injured, destroyed, or lost as a result of contamination from the Love Canal, 102^nd Street and Forest Glen Mobile Home Subdivision Superfund Sites in the vicinity of Niagara Falls, New York. The proposed restoration is expected to improve fish and wildlife habitat.

The public was notified on December 29, 2004 of the availability of the Draft RP/EA for review and comment in the Federal Register (Volume 69, Number 249). During the public comment period of 30 days, 61 comment letters were received, 60 of which expressed support for the Buffalo River Walleye Management Project proposed in the Draft RP/EA. The other commentor, Friends of the Buffalo Niagara Rivers, Inc. generally supported the RP/EA, but requested that additional funds be diverted to the Cayuga Creek Project from the Beluga whale and common tern restoration projects. These comments have been addressed in the Final RP/EA or in a letter written to the commentor.

Based on a review and evaluation of the information contained in the Final RP/EA, I have determined that the proposed actions do not constitute a major Federal action which would significantly affect the quality of the human environment within the meaning of Section 102 (2)© of the National Environmental Policy Act of 1969. Accordingly, the preparation of an environmental impact statement on the proposed action is not required.

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Regional Director/DOI Authorized Official

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