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ENB - Region 9 Notices 09/29/2010

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 Dollman 2 (API 31-029-27748-00-00) Medina natural gas well on acreage to be designated as the Dollman 2 Spacing Unit in the Town of Boston, 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 29, 2010. 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, NYS DEC will grant the variance and issue a permit to drill the Dollman 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 NYS DEC - Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500, Phone: (518) 402-8056, Contact: Thomas E. Noll; at NYS DEC - Region 9 Sub-Office, 182 East Union Street, Allegany, NY 14706-1328, Phone: (716) 372-0645, Contact: Christopher Miller; and at the Town of Boston Supervisor's office, 8500 Boston State Road, Boston, NY 14025, Phone: (716) 941-6518, Contact: Martin A. Ballowe.

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 City of Buffalo Planning Board, as lead agency, has determined that the proposed Medaille College - Additions/Renovations to Huber Hall and Sullivan Center will not have a significant adverse environmental impact. The action involves a proposal to renovate portions of and construct additions to two existing buildings on the Medaille campus: an addition of approximately 17,088 square feet will be added to Huber Hall for additional office and instructional space, and an addition of approximately 19,250 square feet will be added to the Sullivan Campus Center. The project is located at 18 Agassiz Circle in the City of Buffalo, New York.

Contact: Martin Grunzweig, City of Buffalo, City Hall Room 901, Buffalo, NY 14202, Phone: (716) 851-5085.


Erie County - The City of Buffalo Planning Board, as lead agency, has determined that the proposed Del Vir, LLC will not have a significant adverse environmental impact. The action involves a proposal to selectively demolish post 1960 additions to the existing structure at 468 Delaware, and thence construct a new mixed use building on the newly cleared portion of the site and the portion of the site currently a surface parking lot. The new structure is proposed to be developed with a three story residential component primarily along the Virginia Street frontage and a three story commercial component primarily along the Delaware Avenue frontage. To the rear of this "L" shaped footprint and to the south and east of the remaining historical structure, a re-configured surface lot for approximately 20 cars is proposed. In addition, there will be 3 in-garage parking spaces for the three residential units.

That portion of the existent structure, which is the remainder of the Carriage House where Samuel Clemens (a/k/a Mark Twain) lived at the site, will be preserved and stabilized. Recessed weather resistant infill panels will be placed in window openings and in any other areas potentially exposed to the elements until a tenant is found for the Carriage House.

The site is in the Allentown local Historic District and near the nationally listed Historic District. The project is located at 468 Delaware Avenue in the City of Buffalo, New York.

Contact: Martin Grunzweig, City of Buffalo, City Hall Room 901, Buffalo, NY 14202, Phone: (716) 851-5085.


Erie County - The City of Buffalo Planning Board, as lead agency, has determined that the proposed Robertson-Cataract Electric Building will not have a significant adverse environmental impact. The action involves a proposal by Carmina Wood Morris on behalf of the owner, 100 South Elmwood, LLC for the reconstruction of an existing building. The first phase of this project will include the exterior restoration, including new windows, store fronts, and masonry restoration. The first floor will be converted to commercial tenant space while floors two through five will be converted to loft style apartment. The work will require five to six months to complete. The budget for this project is currently set for $4,000,000 all of which will be privately financed. The project financing includes offsets through the Federal and New York State Historic Preservation Tax Credits, for which the owner is preparing a Historic Preservation Certification Application for submission to the New York State Office of Parks, Recreation & Historic Preservation office. Part one has been submitted and approved. In addition to the comprehensive restoration of the building exterior including new restored storefronts, all new windows, masonry cleaning and re-pointing and a new roof. Extensive work will be completed in the buildings interior. The City of Buffalo Preservation board has reviewed this project. The project is located at 100 South Elmwood Avenue in the City of Buffalo, New York.

Contact: Martin Grunzweig, City of Buffalo, City Hall Room 901, Buffalo, NY 14202, Phone: (716) 851-5085.


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