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ENB - Region 9 Notices 04/21/2010

Public Notice

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 Rutkowski 1 (API 31-029-25887-00-00) Medina natural gas well on acreage to be designated as the Rutkowski 1 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 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 May 21, 2010. 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, (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 Rutkowski 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 (518-402-8056), Contact: Thomas E. Noll; at the Department's Region 9 Sub-Office, 182 E. Union Street, Allegany, New York 14706-1328 (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 (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: Subsea Oil & Gas Inc. (Subsea 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 Jurek 1 (API 31-029-27650-00-00) Medina natural gas well on acreage to be designated as the Jurek 1 Spacing Unit in the Town of Newstead, 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 May 21, 2010. 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, (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 Jurek 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, Subsea 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 (518-402-8056), Contact: Thomas E. Noll; at the Department's Region 9 Sub-Office, 182 E. Union Street, Allegany, New York 14706-1328 (716-372-0645), Contact: Christopher Miller; and at the Town of Newstead Supervisor's office, Town Hall, 5 Clarence Center Road, Akron, NY 14001 (716-542-1231), Contact: David Cummings.

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).


Brownfield Cleanup Program

The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application, Remedial Investigation Work Plan and Interim Remedial Measure Work Plan from 598 Main Street, LLC for a site known as the 111 Hydraulic Street Project, Site ID No. C915235. This site is located in the City of Buffalo, within the County of Erie, and is located at 111 Hydraulic Street, Buffalo, New York 14210. Comments regarding this application and work plans must be submitted no later than May 21, 2010. Information regarding the site, the application, associated reports, work plans and how to submit comments can be found on DEC's website at http://www.dec.ny.gov/chemical/60058.html or you can send comments to Jaspal Walia, Project Manager, NYSDEC - Region 9, 270 Michigan Avenue, Buffalo, New York 14203.


Negative Declaration

Chautauqua County - The Town of Chautauqua Town Board, as lead agency, has determined that the proposed Adoption of Local Law No. 2 of 2010 will not have a significant adverse environmental impact. The action involves the adoption of a local law that would permit professional and business offices in the Residential-Lakeside District subject to the following conditions: (a) the building or the aggregate of the group of buildings contains 200 gross feet of floor space of building per employee to be housed therein; (b) the off-street parking requirements of Town Zoning Law §143-66 are met; (c) the parcel(s) on which the use is proposed to be located has access to municipal water and sewer services and fronts on a state highway; and (d) the use does not create excessive noise, vibration, lights or odor, create a fire or explosion hazard, nor generate excessive traffic on neighboring roads. The project is located in the Town of Chautauqua.

Contact: Donald D. Emhardt, 2 Academy Street, Mayville, NY 14757, Phone: (716) 753-7342, Fax: (716) 753-5239.



Oneida County - The Town of Trenton Planning Board, as lead agency, has determined that the proposed Site Plan Review of an existing building will not have a significant adverse environmental impact. The action involves using an existing building for the purpose of a club. The project is located on NYS Rt. 12, Barneveld, NY.

Contact: John A. Panzone, Town of Trenton Planning Board, PO Box 206, Barneveld, NY 13304, Phone: (315) 896-2664.

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