# Notice of Availability; Draft Restoration Plan > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-14897 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 11, 1999 - **Citation:** 64 FR 31604 ## Text DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability; Draft Restoration Plan AGENCY: Fish and Wildlife Service, Department of the Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service), on behalf the of Department of the Interior (DOI), as a natural resource trustee, announces the release for public review of the Draft Restoration Plan (RP) for the Hi View Terrace Superfund Site. The Draft RP describes the DOI's proposal to restore natural resources injured as a result of remedial actions undertaken to address the release of hazardous substances from the Hi View Terrace Superfund Site. DATES: Written comments must be submitted on or before July 15, 1999. ADDRESSES: Request for copies of the Draft RP may be made to: Ms. Kathryn Jahn, U.S. Fish and Wildlife Service, New York Field Office. 3817 Luker Road, Cortland, New York 13045. Written comments or materials regarding the Draft RP should be sent to the same address. FOR FURTHER INFORMATION CONTACT: Kathryn Jahn, Environmental Contaminants Branch, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045. Interested parties may also call (607) 753-9334 or send e-mail to [email protected] for further information. SUPPLEMENTARY INFORMATION: The Hi View Terrace Superfund Site (Site) consists of lots at 100, 110, and 116, Hi View Terrace in West Seneca, New York, portions of which were filled with cyanide-contaminated material. A removal action was subsequently undertaken in 1988 and 1989. A total of 5,600 tons of soil and debris were removed, and the area backfilled with clean material. About 0.5 acre of wetland at the Site was lost due to the remedial work, reducing the quantity and quality of wetlands available for wildlife. As compensation for this loss we reached settlement of $25,000 with the Responsible Party. The Draft RP is being released in accordance with the Natural Resource Damage Assessment Regulations found at Title 43 of the Code of Federal Regulation Part 11. The Draft RP describes several habitat restoration and protection alternatives identified by the DOI, and evaluates each of the possible alternatives based on all relevant considerations. The DOI's Preferred Alternative entails the use of $25,000 by the Town of West Seneca to purchase a 17-acre parcel of land along Cazenovia Creek to create the Cazenovia Creek Nature Preserve. Details regarding the proposed project are contained in the Draft Restoration Plan. The Final Revised Procedures for the Service for implementing the National Environmental Protection Act, published in the Federal Register on January 16, 1997, provide a categorical exclusion for natural resource damage assessment restoration plans prepared under CERCLA when only minor or negligible change in the use of the affected areas is planned. The DOI has determined that the Preferred Alternative will result in only a minor change in the use of the affected area. Accordingly this Restoration Plan qualifies for a categorical exclusion under NEPA. Interested members of the public are invited to review and comment on the Draft RP. Copies of the Draft RP are available from the U.S. Fish and Wildlife Service's New York Field Office at 3817 Luker Road. Cortland, New York 13045. Additionally the Draft RP is available for review at the Town Clerk's Office at the West Seneca Town Hall, 1250 Union Road, West Seneca, New York 14224. All comments received on the Draft RP will be considered and a response provided either through revision of this Draft Plan and incorporation into the Final Restoration Plan or by letter to the commentor. Author: The primary author of this notice is Ms. Kathryn Jahn, New York Field Office, U.S. Fish and Wildlife Service, 3817 Luker Road, Cortland, NY 13045. Authority: The authority for this action is the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. Dated: June 3, 1999. Paul R. Nickerson, Acting Assistant Regional Director, Ecological Services. [FR Doc. 99-14897 Filed 6-10-99; 8:45 am] BILLING CODE 4310-55-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-14897. Public record. Not legal advice.