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ENB - Region 9 Notices 7/29/2009

Public Notice

New York State Department of Environmental Conservation Implements Quarantine to Prevent Spread of Emerald Ash Borer

The New York State Department of Environmental Conservation (NYS DEC) is establishing a quarantine district comprised of Cattaraugus and Chautauqua counties in order to limit the potential introduction of the invasive Emerald Ash Borer (EAB), a tree-killing beetle, beyond its initial detection last month in Randolph, New York, in Cattaraugus County to other areas of the state.

NYS DEC's quarantine order will prohibit the movement of ash nursery stock, ash trees, and ash wood products, and firewood, wood chips and bark mulch from any tree species, as well as the insects themselves within and beyond the quarantine district without certification or compliance agreements from the New York State Department of Agriculture and Markets, or the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS), in addition to other provisions as defined in the order.

A copy of the Quarantine Order can be found on the NYS DEC website at: http://www.dec.ny.gov/animals/56774.html.

Contact: Douglas Schmid, NYS DEC - Lands and Forests, 625 Broadway, Albany, NY 12233, Phone: (866) 640-0652, E-mail: firewood@gw.dec.state.ny.us.


The New York State Department of Environmental Conservation (NYS DEC) has determined that the Registry of Inactive Hazardous Waste Disposal Sites in New York State needs to be amended to delete site number 907013, known as Chase Interiors. This site is in the Village of Falconer in the County of Chautauqua and is located at 205 - 235 West Lister Avenue. The reason for deletion is:

• Remediation of the site was conducted under a Voluntary Cleanup Agreement by Jamestown Development Corporation. Elements of the voluntary cleanup included the excavation and off-site disposal of the storm sewer line and its bedding material as well as the contaminated soils associated with the waste disposal pit. Four underground storage tanks were also removed. The site is now covered by a 130,000 square foot manufacturing facility and associated parking lots. Post-remedial groundwater monitoring affirmed the success of the remedial action. In addition, a deed restriction that restricts groundwater use and restricts site use was recorded with the Chautauqua County Clerk in May 1998. An Assignable Release and Covenant Not to Sue was issued to the volunteer in March 2009.

Remedial actions taken at the site are protective of public health and the environment, therefore, the site no longer qualifies for inclusion on the Registry of Inactive Hazardous Waste Sites.

Written comments on this proposed deletion are welcome, and should be sent to:

Maurice Moore
NYS DEC - Region 9 Headquarters
Division of Environmental Remediation
270 Michigan Avenue
Buffalo, NY 14203

All written comments must be received by August 28, 2009. A summary of all written comments will be assembled and made available for viewing at our Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203.


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 Bailen 1 (API 31-013-24871-00-01) Medina natural gas well on acreage to be designated as the Bailen 1 Spacing Unit in the Town of Pomfret, 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 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 August 28, 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 Bailen 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 Pomfret Supervisor's office, 9 Day Street, Fredonia, NY 14063, Phone: (716) 672-6888, Contact: Donald R. Steger.

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 Diblasi 5 (API 31-029-25883-00-00) Medina natural gas well on acreage to be designated as the Diblasi 5 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 August 28, 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 Diblasi 5 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 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).


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 Cappella 1 (API 31-029-25882-00-00) Medina natural gas well on acreage to be designated as the Cappella 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 August 28, 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 Cappella 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 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

Allegany County - The Town of Grove, as lead agency, has determined that the proposed Town of Grove Comprehensive Plan will not have a significant adverse environmental impact. The action involves the adoption of a Comprehensive Plan for the Town of Grove. The plan covers all the topics required by New York State Municipal Law as applies to Towns. The plan does not have specific recommendation as far as land use, zoning or related land use development. As such it is not considered to have any environmental impact. Any projects proposed under this plan that may trigger SEQR would be reviewed on their own merits at the time of project design and implementation. The project is located throughout the Town of Grove, New York.

Contact: Michael Johnsen, Town of Grove, 3927 Colton Hill Road, Dalton, NY 14836, Phone: (585) 476-5682.




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