Completed Applications Consolidated SPDES Renewals
Notice of Public Comment Period

Proposed Well Spacing Variance and Integration of Interests

PROJECT DESCRIPTION AND LOCATION: TRIANA ENERGY, INC. ("Triana" 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 a Trenton/Black River natural gas well on acreage to be designated as the Short Spacing Unit in the Town of Marcellus, Onondaga 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 ("Department") and Triana 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 supports the granting of the requested variance and issuance of a well drilling permit.

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, MARCH 23, 2002. 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 spacing and compulsory integration described in the Stipulation will be implemented if necessary.

Issuance of the 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 7 Headquarters, 615 Erie Boulevard West, Syracuse, New York 13204-2400 (315-426-7484) , Contact: Joseph Moskiewicz, Jr.; and at the Town of Marcellus, 2320 Wilson Drive, P.O. Box 178, Marcellus, New York 13108 (315-673-3382), Contact: Frank T. Wilson.

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

Monroe County - The Penfield Planning Department, as lead agency, has determined that the proposed Schillaci Site Plan - Penfield Road will not have a significant adverse environmental impact. The action involves the site plan approval for one single-family residence on 16.5 +/- acres. The property contains a locally regulated Steep Slope Environmental Protection Overlay District. The project is located on the south side of Penfield Road (NYS Rte. 441), approximately 1,014' east of Carter Road, Town of Penfield.

Contact: Douglas Fox, Planning Dept., Town of Penfield, 3100 Atlantic Avenue, Penfield, New York 14526, phone: (716) 340-8641.

Wayne County - The Village of Lyons, as lead agency, has determined that the proposed Water Systems Improvements will not have a significant adverse environmental impact. The action involves several improvements within the Village Water Treatment Plant, including installation of a turbidimeter, installation of a backflow preventer, and coating the 500,000-gallon clearwell. The project also involves replacement of a watermain along West Water Street between the Village boundary and Layton Street. Specifically, 3,060 linear feet or 12-inch watermain pipe with be installed along West Water Street, and 300 linear feet of 12-inch pipe will be bored under Ganargua Creek. The project is located along a portion of West Water Street and within the Village's Water Treatment Plant, Village of Lyons.

Contact: John Cinelli, Village of Lyons, 76 William Street, Lyons, NY 14489.