Completed Applications Consolidated SPDES Renewals
Public Notice

otice of Public Comment Period
Proposed Well Spacing Variance and Integration of Interests

Project Description and Location: TEXAS KEYSTONE, INC. has applied for a well permit and a 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 an Onondaga Formation natural gas well on acreage to be designated as the Robert Burrow Spacing Unit in the Town of Canisteo, Steuben County, New York. The Applicant proposes to drill, complete and test the well, but needs a variance from the well spacing provisions set forth under 6 NYCRR §553.1(a).

The Department of Environmental Conservation and Texas Keystone, Inc. have agreed to a Stipulation which resolves issues pertaining to the application for a well spacing variance, the establishment of procedures for approval of a Spacing Unit, and compulsory integration of unleased interests. This Stipulation is binding on the Applicant. In view of the executed Stipulation, the Department of Environmental Conservation supports the granting of the requested variance, issuance of a well drilling permit, and the establishment of the Burrow Spacing Unit.

Public Comment Period: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to submit written comments on the Applicant’s proposal. The public comment period will remain open until SATURDAY, DECEMBER 22, 2001. Written comments should be submitted to: JOHN K. DAHL, DIRECTOR, BUREAU OF OIL AND GAS REGULATION, DIVISION OF MINERAL RESOURCES, 3RD FLOOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 625 BROADWAY, ALBANY, NEW YORK 12233-6500 (telephone 518-402-8056; fax 518-402-8060).

If no substantive and significant issues are identified regarding the proposed Project at the end of the comment period, the Department will issue a permit to drill the well at the proposed location. The permit will include testing and production conditions as set forth in the Stipulation, and procedures for compulsory integration described in the Stipulation will be implemented if necessary.

Issuance of a permit to drill at the proposed location will protect correlative rights of all interest owners, prevent waste, and provide for greater recovery of the natural gas resource in accordance with the policy provisions of ECL §23-0301.

Document Availability: All filed documents (including the permit application, the variance request and the executed Stipulation) are available for inspection during normal business hours at the Department’s Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, New York 12233-6500 (518-402-8056), Contact: Thomas E. Noll; at the Department's Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414-9519 (585-226-2466), Contact: Randall Nemecek; at the Department's Region 8 Sub-Office, 276 Sing Sing Road, Suite 1, Horseheads, New York 14845 (607-739-0809), Contact: Joseph Yarosz; and at the Town of Canisteo Supervisor, 6 South Main Street, Canisteo, New York 14823 (607-698-4843), Contact: Clement M. Pierce.

Statutory and Regulatory Provisions: The application was filed and is being processed pursuant to Environmental Conservation Law ("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 Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Part 550 et seq. (Mineral Resources); Part 617 (State Environmental Quality Review).

Negative Declaration

Ontario County - The Town Board of Canandaigua, as lead agency, has determined that the proposed Townline Road Re-zoning will not have a significant adverse environmental impact. The action involves the re-zoning of 110 acres of land from AR-1 and R-1-30 to R-1-20. The project is located on the south side of Townline Road, approximately 700 feet west of NYS Route 332.

Contact: Ernie Paskey, Town of Canandaigua, 5440 Routes 5 and 20 West, Canandaigua, New York 14424, phone: (585) 396-0430.