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ENB - Region 9 Notices 3/18/2009

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 Lane 2 (API 31-029-25644-00-00) Medina natural gas well on acreage to be designated as the Lane 2 Spacing Unit in the Town of Wales, 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 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 April 17, 2009. Written comments on the draft order should be submitted to: John K. Dahl, NYS DEC - Division of Mineral Resources, Bureau of Oil and Gas Regulation, 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 Lane 2 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 Sub-Office, 182 East Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645), Contact: Christopher Miller; and at the Town of Wales Supervisor's Office, Town Hall, 12345 Big Tree Road, Wales Center, NY 14169, Phone: (716) 652-0589, Contact: Rickey Vendetti.

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).


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 Haberer 2 (API 31-029-25646-00-00) Medina natural gas well on acreage to be designated as the Haberer 2 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 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 April 17, 2009. Written comments on the draft order should be submitted to: John K. Dahl, NYS DEC - Division of Mineral Resources, Bureau of Oil and Gas Regulation, 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 Haberer 2 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 Sub-Office, 182 East Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645), Contact: Christopher Miller; and at the Town of North Collins Supervisor's Office, 10583 Main Street, 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).


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 Gajewski 1 (API 31-013-25680-00-00) Medina natural gas well on acreage to be designated as the Gajewski 1 Spacing Unit in the Town of Hanover, 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 April 17, 2009. Written comments on the draft order should be submitted to: John K. Dahl, NYS DEC - Division of Mineral Resources, Bureau of Oil and Gas Regulation, 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 Gajewski 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 Sub-Office, 182 East Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645), Contact: Christopher Miller; and at the Town of Hanover Supervisor's Office, Town Office, 68 Hanover Street, Silver Creek, NY 14136, Phone: (716) 934-2273, Contact: Katherine K. Tampio.

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).


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 Dalimonte 1 (API 31-009-25686-00-00) Medina natural gas well on acreage to be designated as the Dalimonte 1 Spacing Unit in the Town of Perrysburg, Cattaraugus 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 April 17, 2009. Written comments on the draft order should be submitted to: John K. Dahl, NYS DEC - Division of Mineral Resources, Bureau of Oil and Gas Regulation, 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 Dalimonte 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 Sub-Office, 182 East Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645), Contact: Christopher Miller; and at the Town of Perrysburg Supervisor's Office, 10640 Peck Hill Road, Perrysburg, NY 14129, Phone: (716) 532-4090, Contact: Dennis Stopen.

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).


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 Andolina 2 (API 31-029-25681-00-00) Medina natural gas well on acreage to be designated as the Andolina 2 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 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 April 17, 2009. Written comments on the draft order should be submitted to: John K. Dahl, NYS DEC - Division of Mineral Resources, Bureau of Oil and Gas Regulation, 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 Andolina 2 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 Sub-Office, 182 East Union Street, Allegany, New York 14706-1328, Phone: (716) 372-0645), Contact: Christopher Miller; and at the Town of North Collins Supervisor's Office, 10583 Main Street, 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

Allegany County - The Village of Belmont, as lead agency, has determined that the proposed Village of Belmont Wastewater Treatment Project will not have a significant adverse environmental impact. The action involves the construction of a new wastewater treatment plant to serve the Village of Belmont. Portions of the existing plant might be utilized as part of a final influent lift station, or it might be decommissioned entirely. The new treatment plant will discharge to the Genesee River. The final outfall might be relocated farther downstream from the present location, particularly if it can be determined that relocation of the outfall would eliminate the need to disinfect treated effluent prior to discharge to the river. The project is located at 1 Schuyler Street in the Village of Belmont, New York.

Contact: Terrence Schmelzer, Village of Belmont, 1 Schuyler Street, Belmont, NY 14813, Phone: (585) 268-5522, E-mail: villageofbelmont@yahoo.com.



Wyoming County
- The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Java Pit Mine will not have a significant adverse environmental impact. The action involves the mining of sand and gravel and material processing with a portable dry-screen and crusher, with a capacity of less than 300 tons per hour, on 11.8 acres of land out of 56.3 acres owned by Kevin Vickers at this location. There will be no excavation into the water table, and no water supply wells, wash ponds or wet processing are proposed. The haul road from the mine site is to State Route 98. The site will be reclaimed for agricultural uses such as grazing, growing of crops and open meadows. The project is located approximately 1,100 feet east of State Route 98, between the intersections with Wethersfield Road (south) and Almeter Road (north) in the Town of Java, New York.

Contact: Charles Cranston, NYS DEC - Region 9 Allegany Sub Office, 182 East Union Street, Suite 3, Allegany, NY 14706, Phone: (716) 372-0645, E-mail: r9dep@gw.dec.state.ny.us.


Notice of Acceptance of Final EIS

Erie County - The Town of Hamburg Town Board, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Hamburg Crossing Retail Center. A copy of the FEIS is available for review at the Town Clerk's office or at the Town Planning office in the Hamburg Town Hall, S6100 South Park Avenue, Hamburg, New York, 14075, or can be viewed on the Town's website at: www.townofhamburgny.com.

The action involves the development of a 79.93 acre site, formally Leisure Land, a truck stop, and a Days Inn, into a retail/ restaurant/ hotel center called Hamburg Crossing Retail Center. The proposed development consists of the rezoning of 9.11 acres of land zoned Local Retail Business District, C-1, and 10.85 acres of land zoned Light Industrial District, M-2, to General Commercial District, C-2. Approximately 48.0 acres will remain as C-2 zoning and approximately 12.0 acres will remain zoned as Residential-Agriculture District, R-A, that, in addition to other lands, will total 17.4 acres of land to be dedicated to the Town of Hamburg as a conservation easement along the eastern, southern, and western boundary of the property. Development of the site is proposed in two phases. Phase 1 will consist of 440,893 ± square feet of development. Phase 2 will consist of an additional 211,920 ± square feet of development (for a total of 652,813 ± square feet) and a 115 room hotel. The project is located on the southwest side of Camp Road, at 5220 Camp Road, northwest of the New York State Thruway (I-90), near the Thruway interchange ramp, Town of Hamburg, New York.

Contact: Andrew C. Reilly, Town of Hamburg, S6100 South Park Avenue, Hamburg, NY 14075, Phone: (716) 649-2023.


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