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Pine Valley Central School District (Cancellation)

October 8, 2008

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF CANCELLATION
OF
PUBLIC HEARING

PINE VALLEY CENTRAL SCHOOL DISTRICT, applicant.

DEC Project No. DMN 08-MV-02

Please take notice that the public hearing in the matter of the application of Pine Valley Central School District for a variance from the Statewide natural gas well spacing requirements of 6 NYCRR 553.1 with respect to the proposed Fee No. 1 well in the Town of Cherry Creek, Chautauqua County, originally scheduled for Tuesday, October 21, 2008, has been cancelled.

The notice of application and public hearing for the Pine Valley Central School District's application was published in the Department's electronic Environmental Notice Bulletin on September 10, 2008, and in the Dunkirk Observer on September 11, 2008. The notice provided that, pursuant to Environmental Conservation Law ("ECL") § 23-0503(8), if no petitions for party status regarding the proposed project are received, the hearing may be canceled and the Department may grant the well spacing variance and issue the drilling permit. No petitions requesting party status were received during the comment period established in the notice. Therefore, the public hearing scheduled to be held in Board Conference Room 5, Elementary School, 7755 Route 83, South Dayton, New York at 1:00 P.M. on Tuesday, October 21, 2008, is cancelled.

The deadline for the submission of written comments on the application has been extended until close of business on Tuesday, October 21, 2008. Written comments may be submitted to James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York 12233-1550 (telephone: 518-402-9003). Thereafter, the Department will issue an order to formally grant the well spacing variance sought by the applicant.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
October 8, 2008

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