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ENB - Region 9 Notices 4/15/2009

Public Notice

Notice of Public Comment Period

Proposed Well Spacing Variance

Project Description and Location: P&H Gas, LLC (P&H Gas 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 Eyring 1 (API 31-029-25584-00-00) Medina natural gas well on acreage to be designated as the Eyring 1 Spacing Unit in the Town of 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 (Department or NYS DEC) 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 15, 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 Eyring 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.

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, NY 12233-6500, Phone: (518) 402-8056, Contact: Thomas E. Noll; at the Department's Region 9 Sub-Office, 182 East Union Street, Allegany, NY 14706-1328, Phone: (716) 372-0645, Contact: Christopher Miller; and at the Town of Collins Supervisor's office, Town Hall, 14093 Mill Street, Collins, NY, 14034, Phone: (716) 532-4874, ext. 103, Contact: Kenneth E. Martin.

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 Town of Mansfield Planning Board, as lead agency, has determined that the proposed Holimont Canfield Development and The Lodges at Plum Creek Townhouses will not have a significant adverse environmental impact. The action involves two separate proposed projects, with different project sponsors, which are considered together for SEQR purposes because both projects require the formation of and service by a new Water District and a new Sewer District in the Town of Mansfield. These districts would have the capacity to serve up to 225 equivalent dwelling units in the Town of Mansfield. The Mansfield Water District would contract with the Town of Ellicottville Consolidated Water District #1 to provide water. The Mansfield Sewer District would contract with the Village of Ellicottville to provide sanitary sewerage disposal and with the Village of Ellicottville and the Town of Ellicottville Sewer District #1 to use their existing sewer lines to transport sewerage to the treatment facility. The project will involve the construction of water and sewer lines to connect to existing lines in the Town of Ellicottville. Water and sewer lines will also have to be constructed between the two sites, which are adjacent.

The Holimont Canfield development is a mixed use development that consists of 93 single family homes, 72 townhouses, a relocated ski slope, parking lot that will be increased in capacity from 250 vehicles to 400 vehicles, and a day lodge. The Lodges at Plum Creek is a 51 unit townhouse project. The projects are located on NYS Route 242 in the Town of Mansfield, New York. The Holimont site is adjacent to the municipal boundary with the Town of Ellicottville. The Plum Creek site is contiguous to the Holimont site.

Contact: Carol Horowitz, Allegany Planning Services, 305 York Street, Olean, NY 14760, Phone: (716) 373-2289, E-mail: cahorowitz@verizon.net.

Chautauqua County - The Village of Forestville, as lead agency, has determined that the proposed Water System Improvement Project will not have a significant adverse environmental impact. The action involves the development of additional potable water sources by the Village of Forestville along with the construction of suitable water main transmission facilities from its various water sell sources to the Village of Forestville and thereafter throughout the Village's water system. The project also includes the purchase and installation of water meters and related facilities along with the necessary data processing record keeping capability to manage the Village's water system. The project is located through out the Village of Forestville in the Town of Hanover and Town of Arkwright, New York.

Contact: Michael J. Bolender, 42 South Erie Street, P.O Box 154, Mayville, NY 14757, Phone: (716) 753-3333, E-mail: attymike@fairpoint.net.

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