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ENB - Region 9 Notices

Public Notice

Notice of Public Comment Period

Proposed Well Spacing Variance

Project Description and Location: U.S. Energy Development Corp. (U.S. 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 Sirianno 1 (API 31-013-25268-00-00) Medina natural gas well on acreage to be designated as the Sirianno 1 Spacing Unit in the Town of Ellicott, 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 (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 July 11, 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, New York State Department of Environmental Conservation, 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 Sirianno 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, U.S. 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 Department's Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500, Phone: (518) 402-8056, Contact: Thomas E. Noll; at the Department's Region 9 Headquarters, 182 E. Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645, Contact: Christopher Miller; and at the Town of Ellicott Supervisor's office, 215 South Work Street, Falconer, NY 14733, Phone: (716) 665-5317, Contact: Cecil M. Miller, III.

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).


Notice of Public Comment Period

Proposed Well Spacing Variance

Project Description and Location: U.S. Energy Development Corp. (U.S. 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 Bayerl 3 (API 31-029-25277-00-00) Medina natural gas well on acreage to be designated as the Bayerl 3 Spacing Unit in the Town of North Collins, Erie 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 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 July 11, 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, New York State Department of Environmental Conservation, 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 Bayerl 3 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, U.S. 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 Department's Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500, Phone: (518) 402-8056, Contact: Thomas E. Noll; at the Department's Region 9 Headquarters, 182 E. Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645, Contact: Christopher Miller; and at the Town of North Collins Supervisor's office, 2061 Sherman Ave. North Collins NY, 14111, Phone: (716) 337-3839, Contact: Thomas R. O'Boyle.

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

Cattaraugus County - The Common Council of the City of Salamanca, as lead agency, has determined that the proposed Adoption of local laws amending the City of Salamanca Zoning Law with respect to 148 Washington Street will not have a significant adverse environmental impact. The action involves the adoption of local law to amend the City's zoning law. The project is located city wide in the City of Salamanca, New York.

Contact: Ross A. Peters, City of Salamanca, 225 Wildwood Avenue, Salamanca, NY 14779, Phone: (716) 945-3110.


Erie County - The Town of Tonawanda, as lead agency, has determined that the proposed Town of Tonawanda Adult Use Law will not have a significant adverse environmental impact. The action involves the adoption of zoning restrictions to regulate adult uses in the Town of Tonawanda, based on a Study of Secondary Impacts from Adult Uses in the Town. The new law changes which zoning designations adult uses are allowed in and establishes additional criteria for adult uses. The project is located in the Town of Tonawanda, New York.

Contact: Carl Heimiller, Town of Tonawanda, 525 Bellmont Avenue, Kenmore, NY 14223, Phone: (716) 877-8801, E-mail: cheimiller@tonawanda.ny.us.



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