U.S. Fish and Wildlife Service Grant for Hi View Terrace Superfund Site Restoration in Town of West Seneca, New York

This is a Notice of Intent to award in accordance with 505 DM 2, 2.14 B (4) a Cooperative Agreement between the U.S. Fish and Wildlife Service and Town of West Seneca, New York for the purpose of restoration activities (land acquisition) within the Town of West Seneca, New York. These activities are being carried out pursuant to an Administrative Cost Recovery Agreement between the U.S. Environmental Protection Agency and National Fuel Gas, that provided for a $25,000 payment of natural resource damages to the U.S. Department of the Interior. The publicly reviewed Restoration Plan/Environmental Assessment for the Hi View Terrace Superfund Site Final Restoration Plan identified land acquisition as the preferred alternative; the original site described in that Final Plan (Cazenovia Creek Nature Preserve) is no longer available for purchase with this damage settlement. However, the Town identified another site, the Oxbow Property, at which restoration can be accomplished, that will provide substantially similar benefits to fish and wildlife resources compared to the original site described in the Final Restoration Plan. Accordingly, the Restoration Plan has been amended to reflect the Oxbow Property as the preferred alternative. This Cooperative Agreement will enable the Town to purchase that property. It will be protected through a conservation deed restriction that the Service will review and approve, and the Service will also review and approve the restoration plan for the property.

This Single Source Award is being made in accordance with Department of the Interior Policy 505 DM 2.14 B(4), which allows for award without competition to an applicant who is uniquely qualified to perform the activity based on location, voluntary support capacity, and technical expertise.

Substantial involvement on the part of the USFWS is anticipated for the successful completion of the objectives to be funded. In particular, the USFWS will be responsible for the review and approval of a deed restriction and restoration plan. In accordance with 505 DM 2.9 B the Service will be substantially involved.