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ENB - Region 9 Notices 10/19/2011

Public Notice

Amendments of the Final Freshwater Wetlands Maps for Niagara County:

Subsequent to the promulgation of the final Freshwater Wetlands Maps for Niagara County in 1984, New York State Department of Environmental Conservation (NYS DEC) Staff found inaccuracies affecting Maps 14 and 15 of 18. Having fully investigated these sites, NYS DEC Staff sent notice of the proposed amendments to the affected landowners and published notice in local newspapers and in the Environmental Notice Bulletin (ENB). A public information meeting was held on March 18, 2010. NYS DEC Staff reviewed public comments received during the comment period. Upon further review, NYS DEC Staff determined that proposed Wetland TE-43 did not meet the definition of wetland. Therefore, the proposal to add TE-43 has been withdrawn. Upon review of NYS DEC Staff's findings and recommendations relative to this matter, the Commissioner of NYS DEC was satisfied that NYS DEC Staff appropriately responded to all oral and written comments on the proposed amendments, and that NYS DEC Staff's recommendations were consistent with the requirements of the Freshwater Wetlands Act and supported by the record. The Commissioner of NYS DEC ordered that wetlands TE-39, TE-40, TE-41, TE-44 and TW-31 be added to Niagara County Maps 14 and 15 of 18 as Class II wetlands, effective October 19, 2011. A copy of the final map will be filed with the office of the clerk of each affected local government and in the NYS DEC Region 9 Office, Buffalo, NY.

Contact: Kenneth Roblee, NYS DEC - Region 9, 270 Michigan Ave., Buffalo, NY 14203, Phone: (716) 851-7010.

New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Announces the Process to Preserve Unused Oil and Gas Interests within Allegany State Park

This public notice announces the enactment of Chapter 501 of the Laws of 2011, effective September 23, 2011, and provides a summary of the law.
The Chapter adds a new Section 329-a to the NYS Real Property Law (RPL) that allows for the extinguishment and reversion to the State of New York of any unused oil and gas interest located on or under Allegany State Park in Cattaraugus County unless certain affirmative steps are taken by the owner of the interest to file a statement of claim in the Cattaraugus County Clerk's Office by September 22, 2013. RPL § 329-a: §1 states that any interest in oil and gas on or under state-owned land within Allegany State Park, if unused for a period of twenty years, shall be extinguished and revert to the State of New York, unless a statement of claim is filed within two years in the Cattaraugus County Clerk's Office; § 2 defines an oil and gas interest, and excludes from that definition a lease for a fixed term; § 3 describes the circumstances under which an oil and gas interest is deemed to be used; § 4 outlines NYS OPRHP's notice requirements for this announcement; § 5 explains that the statement of claim: shall contain the name and address of the owner of the oil and gas interest (one owner may file on behalf of all co-owners), shall describe the land on or under which the oil and gas interest is located, and shall be accompanied by a copy of the instrument creating or reserving the interest; § 6 describes what happens if there is a failure to file a statement of claim within the two-year time frame and the circumstances under which an oil and gas interest may be preserved; § 7 describes NYS OPRHP's notice and filing requirements following expiration of the two-year period for claiming an oil and gas interest; § 8 describes the Cattaraugus County Clerk's recording duties when a statement of claim is filed and when OPRHP files its notice of lapse and proof of service; § 9 states that the filing of the statement of claim is not evidence of title to or ownership of the oil and gas interest claimed.

To view the law and the bill memo go to http://nysparks.com/inside-our-agency/public-documents.aspx.

Karen B. Terbush, NYS OPRHP - Environmental Management Bureau, Agency Building 1, Empire State Plaza, Albany, NY 12238, Phone: (518) 474-8765.

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