NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

ENB - Region 9 Notices 3/30/2011

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 Sprague 7 (API 31-009-27866-00-00) Medina natural gas well on acreage to be designated as the Sprague 7 Spacing Unit in the Town of Perrysburg, Cattaraugus 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 April 29, 2011. Written comments on the draft order should be submitted to: Peter S. Briggs, NYS DEC - Division of Mineral Resources, Bureau of Oil & Gas Permitting and Management, 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 Sprague 7 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 Perrysburg Supervisor's office, 10640 Peck Hill Road, Perrysburg, NY 14129 (716) 532-4090, Contact: Dennis Stopen.

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).


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 Braen 2 (API 31-029-27837-00-00) Medina natural gas well on acreage to be designated as the Braen 2 Spacing Unit in the Town of Eden, 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.

The 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 April 29, 2011. Written comments on the draft order should be submitted to: Peter S. Briggs, NYS DEC - Division of Mineral Resources, Bureau of Oil & Gas Permitting and Management, 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 Braen 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 Eden Supervisor's office, 2795 East Church Street, Eden, NY 14057, Phone: (716) 992-3408, Contact: Glenn R. Nellis.

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 Village of Ellicottville, as lead agency, has determined that the proposed Local Law #1 of the Year 2011, "Local Law Ascending Local Law #3 of 2009 - Zoning Local Laws will not have a significant adverse environmental impact. The action involves the adoption of a proposed local law which amends the Zoning Local Law and Official Zoning Map adopted by the Village of Ellicottville August 10, 2009. This amendment to the Zoning Local Law of 2009 retains most of the existing provisions of that Law but as part of the review, modification and amendment process some changes have been made to a number of existing zoning law provisions that govern allowable uses and procedures.

During review of this action, the Village of Ellicottville assessed areas of environmental concern, and determined that no significant negative impacts would occur. The law generally modifies the existing zoning law by modifying and adjusting provisions for and, permitting of certain land uses within the Village Zoning Districts, modifies and adjusts certain zoning required administrative procedures and allowable uses. The local law by itself will not result in any actions taking place. Any action or project undertaken under this Zoning Local Law will require compliance with the environmental review process. The project is located throughout the Village of Ellicottville, New York.

Contact: Charles R. Coolidge, Village of Ellicottville, 1 Washington Street, P.O. Box 475, Ellicottville, NY 14731-0475, Phone: (716) 699-4636.


Cattaraugus County - The Village of Ellicottville, as lead agency, has determined that the proposed Local Law #2 of the Year 2011 - Subdivision Regulations and Procedures for Subdivision Review will not have a significant adverse environmental impact. The action involves the adoption of a proposed local law which amends the Subdivision Regulations Local Law adopted by the Village of Ellicottville January 10, 2005. This amendment to the Subdivision Regulations Local Law of 2005 retains most of the existing provisions of that Law with the modification to one section regarding subdivision of land in flood zones.

During review of this action, the Village of Ellicottville assessed areas of environmental concern, and determined that no significant negative impacts would occur. The law generally modifies the existing subdivision law by modifying and adjusting provisions for and, permitting of the subdivision of land in the Village, modifying the subdivision of land within flood zones. The local law by itself will not result in any actions taking place. Any action or project undertaken under this Subdivision Regulations Local Law will require compliance with the environmental review process. The project is located throughout the Village of Ellicottville, New York.

Contact: Charles R. Coolidge, Village of Ellicottville, 1 Washington Street, P.O. Box 475, Ellicottville, NY 14731-0475, Phone: (716) 699-4636.





  • 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