D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB - Region 9 Notices 09/22/2010

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 Aleksandrowicz 1 (API 31-029-27739-00-00) Medina natural gas well on acreage to be designated as the Aleksandrowicz 1 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 New York State Department of Environmental Conservation (NYS DEC) 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.

NYS DEC has proposed an order regarding the granting of a well spacing variance. NYS DEC 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 October 22, 2010. Written comments on the draft order should be submitted to: John K. Dahl, Director, NYSDEC - 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, NYS DEC will grant the variance and issue a permit to drill the Aleksandrowicz 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 NYS DEC - Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500, Phone: (518) 402-8056, Contact: Thomas E. Noll; at the NYS DEC - 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

Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Local Law to Amend the Message Center Sign Regulations in the Zoning Ordinance will not have a significant adverse environmental impact. The action involves a proposed Local Law to amend Section 7-8-4 of the Town Zoning Ordinance regarding the allowable frequency that message center signs may change. Presently, the Ordinance requires that information displayed on a message center sign shall remain static for a period of no less than one hour. The amendment permits the "time/temperature" information to change no less than once per minute, and other information to change no less than once per every 10 minutes. The project is located throughout the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5583 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Rezoning of 196 Casey Road and 214 Casey Road (portion) will not have a significant adverse environmental impact. The action involves a rezoning which encompasses 22.22 ± acres. The purpose of the rezoning is to allow the construction of a residential development that includes 73 patio homes and 2 single-family lots. The patio homes would be reached via a 24 foot wide private road with 2 curb cuts to Casey Road; the single-family lots would be located on Casey Road. The project is located at 196 Casey Road and 214 Casey Road (portion) in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5583 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.



Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Property Acquisition for Open Space will not have a significant adverse environmental impact. The action involves an Environmental Protection Grant received by the Town of Amherst in 2006 from the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) to assist the Town with the purchase of open space land. The Town has identified six sites, but will only purchase those properties that meet the cost limits of the grant plus the local match. The Town is now seeking to acquire two (2) of the six sites, subject to concurrence from the NYS OPRHP. The two sites approved for potential acquisition are: Site B - 3015 Sweet Home Road (44 ± acres) in the Town of Amherst, New York and Site C - 4001 North French Road (26.46 ± acres) in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5583 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Erie County - The Town of Amherst Town Board, as lead agency, has determined that the proposed Royalwoods Pond Weir Modifications will not have a significant adverse environmental impact. The action involves a drainage project which will be undertaken along a portion of Town Ditch 26B in the Town of Amherst. The project affects the Royalwoods Pond within the Royalwoods Subdivision. The Royalwoods Dam currently has one service spillway and one auxiliary spillway. The project entails construction of a second auxiliary spillway for purposes of flood control and minor cleaning of the auxiliary spillway. The project will require the removal of 550 ± cubic yards of material from the existing embankment to a depth about 5.5 feet below the top of the embankment. The purpose of the project is to improve the downstream capacity of Ditch 26B by reducing the overflowing of the pond. The project is located at the Royalwoods Subdivision on the west side of Youngs Road, 1,375± feet north of Klein Road in the Town of Amherst, New York.

Contact: Eric W. Gillert, Town of Amherst, 5583 Main Street, Williamsville, NY 14221, Phone: (716) 631-7051, E-mail: planning@amherst.ny.com.


Niagara County - The Town of Newfane, as lead agency, has determined that the proposed Adoption of a Local Law for Flood Damage Protection will not have a significant adverse environmental impact. The action involves the adoption of a local law designed to prevent flood damages and benefit the Town's environment. The language of the law is consistent with New York State Department of Environmental Conservation model legislation. The law will affect floodplain areas across the Town of Newfane, New York.

Contact: Tim Horanburg, Town of Newfane, 2737 Main Street, Newfane, NY 14108, Phone: (716) 778-8531.




  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions