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Public Notice

Proposed Well Spacing Variance

Project Description and Location: Ellington Energy, Inc. ("Ellington" or "Applicant") has applied for a well permit and variance to the well spacing requirements set forth in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Section 553.1(a) to drill the Anselmo 1 (API 31-013-24794-00-00) Medina natural gas well on acreage to be designated as the Anselmo Spacing Unit in the Town of Portland, Chautauqua County, New York. The Applicant proposes to drill, complete and produce the well, but needs a variance from the well spacing provisions set forth under 6 NYCRR 553.1(a).

The Department of Environmental Conservation ("Department") has proposed an order regarding the granting of a well spacing variance. The Department supports the granting of the requested variance and issuance of the drilling permit.

Public Comment Period: All persons, organizations, corporations or government agencies which may be affected by the draft order are invited to submit written comments. The public comment period will remain open until June 8, 2007. Written comments on the draft order should be submitted to: John K. Dahl, Director, Bureau of Oil and Gas Regulation, Division of Mineral Resources, New york State Department of Environmental Conservation, 625 Broadway, 3rd Floor, Albany, NY 12233-6500 (518-402-8056).
If no substantive and significant issues are identified regarding the draft order at the end of the comment period, the order will become final and binding on the Applicant and its successors and assigns. Pursuant to the final order, the Department will grant the variance and issue a permit to drill the Anselmo 1 well at the proposed location subject to site-specific conditions as warranted.

Issuance of the permit to drill will protect correlative rights and is necessary to carry out the policy provisions of ECL §23-0301. If after order issuance, Ellington does not control 100% of the acreage within the spacing unit, an integration hearing will be scheduled pursuant to ECL §23-0901(3).

Document Availability: All filed documents (including the permit application, the variance request and the draft order) are available for inspection during normal business hours at the Department's Division of Mineral Resources, 625 BROADWAY, 3RD Floor, Albany, New York 12233-6500 (518-402-8056), Contact: Thomas E. Noll; at the Department's Region 9 Headquarters, 182 E. Union Street, Allegany, New York 14706-1328 (716-372-0645), Contact: Christopher Miller; and at the Town of Portland Supervisor's office, Town Hall, 87 West Main Street, Brocton, New York 14716 (716-792-9613), Contact: Dan Schrantz.

Statutory and Regulatory Provisions: This application was filed and is being processed pursuant to ECL Article 3, Title 3 (Department of Environmental Conservation, General Functions, Powers, Duties and Jurisdiction); Article 8 (Environmental Quality Review); Article 23 (Mineral Resources); and 6 NYCRR Part 550 et seq. (Mineral Resources); Part 617 (State Environmental Quality Review).

Brownfield Cleanup Program

Site Name: NOCO #S41
Site Address: 1055 Genesee Street
Buffalo, NY 14212
County: Erie
Site No.: C915211
Requestor: NOCO Energy Corporation

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by June 8, 2007 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation, Remediation, Region 9
270 Michigan Avenue
Buffalo, New York 14203-2999

Attention: Chad Staniszewski

Repository address:

Buffalo & Erie County Public Library
Central Branch
1 Lafayette Square
Buffalo, NY 14203

Negative Declaration

Erie County - The City of Buffalo Planning Board, as lead agency, has determined that the proposed RiverWright Ethanol Plan project will not have a significant adverse environmental impact. The action proposes to retrofit the former ConAgra/Maple Leaf Milling facility to produce fuel ethanol for use as a gasoline additive. The project will occupy approximately 18 industrial zoned acres, including a 37,700 square foot process building. Much of the existing infrastructure such as rail access, roads, grain handling equipment and various utilities is useable with no modifications. The project is located at 139 Buffalo River, Buffalo, NY.

Contact: Martin Grunzweig, City of Buffalo, 901 City Hall, 65 Niagara Square, Buffalo, NY, Phone: (716) 851-5085.

Wyoming County - The Town of Orangeville, as lead agency, has determined that the proposed application for a rezone and site plan review of approximately 175 acres from an agricultural district to a business district will not have a significant adverse environmental impact. The action involves an application for a rezone and site plan review of approximately 175 acres located from an agricultural district to a business district to facilitate the construction of Hidden Valley Animal Adventure. This is a visitor center with a 204-person seating capacity restaurant and gift shop facility theme park featuring a ride on a vehicle through an adventure trail where visitors can closely observe the many species of animals along the trail. The trail winds though existing pastures and natural wooded areas on the site. A petting zoo is also planned. The project is located at 2887 Royce Road, Town of Orangeville, NY. Contact: Susan May, Town of Orangeville, 3529 Route 20A, Warsaw, NY 14569, Phone: (585) 786-2883, Fax: (585) 786-3432, E-mail: odavidmd@rochester.rr.com

Notice of Acceptance of Draft EIS and Public Hearing

Erie County - The Town of Hamburg Town Board, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Villas at Brierwood. A public hearing on the Draft EIS will be held on Monday, June 4, 2007 at 7:00 p.m at the Town of Hamburg Town Hall, S6100 South Park Avenue, Hamburg, NY 14075. Written comments on the Draft EIS will be accepted until Thursday, June 14, 2007 and should be submitted to Mr. Andrew C. Reilly at the address below. The action involves the rezoning of approximately 43 acres of land from R-A (Residential Agriculture) to PUD (Planned Unit Development) and the construction of an active adult lifestyle community consisting of 150 condominiums and +/- 25,410 square feet of commercial space.. The project is located at Southwestern Boulevard (US 62), approximately 900 feet south of Amsdell Road, in the Town of Hamburg, Erie County, New York. Contact: Andrew C. Reilly, Town of Hamburg Planning Department, S6100 South Park Avenue, Hamburg, NY 14075, Phone:
(716) 649-2023.

Notice of Acceptance of Supplemental Final EIS

Niagara County - The Town of Lewiston Town Board, as lead agency, has accepted a Supplemental Final Environmental Impact Statement on the proposed Hickory Stick Golf Club. The action involves constructing an 18-hole championship public golf course with an approximately 15,000 s.f. clubhouse, an approximately 6,000 s.f. maintenance building, and a 308-car parking lot. The golf course will include six golf "water hazard" lakes that will also serve a stormwater management / flood control function. Lighting and landscaping improvements are also proposed. The project will require a water quality certification (under Section 401 of the Clean Water Act), a New York State Department of Environmental Conservation (NYSDEC) Article 24 wetland permit, and coverage under New York State General Permit GP-02-01. The project is located generally between the Robert Moses Parkway and Creek Road (NYS Rte. 18), and south of Pletcher Road. Town of Lewiston, NY. Copies of the Supplemental Final Environmental Impact Statement, its appendix and site plans may be reviewed at the Lewiston Town Hall, Building Department, 1375 Ridge Road, Lewiston, NY; the Lewiston Public Library, 305 South Eighth Street, Lewiston, NY; the Sanborn-Pekin Free Library, 5890 West Street, Sanborn, NY; Niagara Falls Public Library, Main Branch, Earl W. Brydges Bldg, 1425 Main Street, Niagara Falls, NY and the NYSDEC Region 9 Office, 270 Michigan Avenue, Buffalo, NY. The Supplemental Final Environmental Impact Statement will also be available on the Town of Lewiston's website at http://www.townoflewiston.us/.

Contact: Robert P. Lannon, Jr., CRA Infrastructure & Engineering , Inc., 268 Main Street, Suite 600, Buffalo, NY 14202, Phone: (716) 856-2142.

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