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ENB - Region 9 Notices

Notice of Public Comment Period

Proposed Well Spacing Variance

Project Description and Location: Chautauqua Energy, Inc. ("Chautauqua Energy" 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 Dean 1 (API 31-013-25051-00-00) Medina natural gas well on acreage to be designated as the Dean 1 Spacing Unit in the Town of Gerry, 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) which require that, in the absence of a Department order establishing spacing units, a well cannot be located less than 660 feet from any boundary line of the lease or unit. A permit to drill is also required by 6 NYCRR 552.1.

The New York State Department of Environmental Conservation ("NYS DEC" or "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 May 2, 2008. Written comments on the draft order should be submitted to: John K. Dahl, Director, Bureau of Oil and Gas Regulation, Division of Mineral Resources, NYS DEC, 625 Broadway, 3rd Floor, Albany, NY 12233-6500, Phone: (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 Dean 1 well at the proposed location subject to site specific conditions as warranted.

Issuance of the permit to drill will provide for recovery of the natural gas resource in accordance with the policy provisions of ECL §23-0301. If after order issuance, Chautauqua Energy 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 following locations:

Contact: Thomas E. Noll, NYS DEC Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500, Phone: (518) 402-8056.

Contact: Christopher Miller, NYS DEC Region 9 Headquarters, 182 E. Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645.

Contact: John R. Crossley, Town of Gerry Supervisor's office, 4519 Route 60, Gerry, New York 14740, Phone: (716)985-4715.

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).

Negative Declaration

Erie County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Control of Undesirable Vegetation (Marrow Honeysuckle) on Zoar Valley Multiple Use Area (MUA) will not have a significant adverse environmental impact. The action involves the application of herbicides to control and rid sites of the undesirable, introduced, non-native and invasive vegetation: Marrow Honeysuckle (Lonicera morrowii). Six acres of the 2,923 acres that comprise Zoar Valley MUA will be affected over a two-year period. Application will be to selected sites within these six acres. This action will kill the undesirable vegetation and allow the sites to be occupied by native vegetation. The only vegetation to be controlled is the target species. Impact on public health is minimal. The areas involved are rarely visited by the public. The area will be posted, ensuring the public remains on the main roadways, away from sprayed areas. The herbicide applicator is a licensed applicator who will follow herbicide label instructions. Time and application rate will be determined by the applicator. The application will be according to label instructions. The project is located adjacent to the Button Road Access of Zoar Valley Multiple Use Area in the Town of Collins, New York.

Contact: Theresa Laurie, NYS DEC Region 9 Falconer Sub Office, 215 South Work Street, Falconer, NY 14733, Phone: (716) 665-6111.

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