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ENB - Region 9 Notices 6/1/2011

Public Notice

Notice of Public Comment Period

Proposed Well Spacing Variance

Project Description and Location: Mark and Troy Johnson (Applicant) have applied for a well permit and variance to the well spacing requirements set forth in New York State Department of Environmental Conservation Order 66-3 (Order) to drill the Evinczik 5 (API 31-013-27888-00-00) Glade Sand oil well on acreage owned by Joseph A. and Kathleen Evinczik in the Town of Busti, 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 the Order which require that any well to be drilled to the Glade Sand Pool cannot be located less than 233 feet from the nearest boundary of the lease or unit containing the well. A permit to drill is also required by 6 NYCRR 552.1.

The New York State Department of Environmental Conservation (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 July 1, 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 Evinczik 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 oil resource in accordance with the policy provisions of ECL §23-0301. Compulsory integration pursuant to ECL Article 23, Title 9, is not required.

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 1) the NYS DEC - Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500, Phone: (518) 402-8056, Contact: Thomas E. Noll; NYS DEC - Region 9 Sub-Office, 182 E. Union Street, Allegany, NY 14706-1328, Phone: (716) 372-0645, Contact: Christopher Miller; the Town of Busti Supervisor's office, 121 Chautauqua Avenue, Lakewood, NY 14750, Phone: (716) 763-8561, Contact: Kathleen A. Sullivan.

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); and Part 617 (State Environmental Quality Review).


Negative Declaration

Chautauqua County - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Removal of Undesirable Understory Ferns and American Beech on Chautauqua RA #7, Boutwell Hill State Forest, Stands 11, 12, 13, 14 and 17, Site Preparation will not have a significant adverse environmental impact. The action involves the herbicide application to Hay-scented fern, Bracken fern and American beech. This will allow the natural regeneration of desirable tree species such as Red maple, Sugar maple and Black cherry. The herbicide application is the only practical method of control in this forested setting. The action will involve a foliar and injection/frill application taking place on 22 acres. The project is located at the Chautauqua RA #7, Boutwell Hill State Forest, Stands 11, 12, 13, 14 and 17 of Arab Hill Road in the Town of Charlotte, New York.

Contact: Keith Carrow, NYS DEC - Division of Lands and Forests, 178 Point Drive North, Dunkirk, NY 14048, Phone: (716) 363-2052.


Erie County - The Buffalo Urban Renewal Agency (BURA), as lead agency, has determined that the proposed Lafayette Hotel Building Rehabilitation will not have a significant adverse environmental impact. The action involves the a proposal by the applicant, Signature Development Co. to undertake the substantial rehabilitation and restoration of the Lafayette Hotel Building. Carmina Woods Morris, PC has been retained to proceed with the development of the design and construction documents required to implement the buildings adaptive reuse as a mixed use development. The project is located 391 Washington Street in the City of Buffalo, New York.

Contact: Gregory Bernas, BURA, Room 920 City Hall, Buffalo, NY 14202, Phone: (716) 851-5083.



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    Division of Environmental Permits
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