UNITED STATES FISH & WILDLIFE SERVICE

[ENVIRONMENTAL ACTION STATEMENT\
]{.underline}

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]{.underline}\_ 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]{.underline}
(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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Date