ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice Of Public Comment Period

Proposed Well Spacing Variance

PROJECT DESCRIPTION AND LOCATION: LION ENERGY COMPANY, LLC. ("Lion Energy" or "Applicant") has applied for well permits and variances 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 the Dewey 2 (API 31-013-24311-00-00) and Woodrick 2 (API 31-013-24312-00-00) Medina natural gas wells on acreage to be designated as the Dewey and Woodrick Units in the Town of Sherman, Chautauqua County, New York. The Applicant proposes to drill, complete and produce the wells, but needs variances from the well spacing provisions set forth under 6 NYCRR §553.1(a).

The Department of Environmental Conservation ("Department") and Lion Energy have agreed to a Stipulation dated February 6, 2006, regarding the granting of well spacing variances. This Stipulation is binding on the Applicant and its successors and assigns. In view of the executed Stipulation, the Department supports the granting of the requested variances and issuance of the well drilling permits.

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, February 25, 2006. 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, NY 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 permits to drill the Dewey 2 and Woodrick 2 wells at the proposed locations subject to site-specific conditions as warranted.

Issuance of the permits to drill 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 the Environmental Conservation Law (“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 9 Headquarters, 182 E. Union Street, Allegany, New York 14706-1328 (716-372-0645), Contact: Christopher Miller; and at the Town of Sherman, 3628 Sherman-Mayville Road, Sherman, New York 14781 (716-761-6474), Contact: Mark D. Persons.

STATUTORY AND REGULATORY PROVISIONS: The 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); Part 617 (State Environmental Quality Review).


Negative Declaration

Niagara County - The Town of Cambria, as lead agency, has determined that the proposed Cambria Fair Village Waterline will not have a significant adverse environmental impact. The action involves the construction of approximately 5,900 lf of 8-inch and 12-inch waterline and associated appurtenances. These waterlines are proposed to be constructed along Unicorn, Eagle, and Fairview Drives and include interconnections to existing watermains on Shawnee Road and Diller Road.

Contact: Robert Klavoon, Town of Cambria, 140 James Audubon Pkwy, Suite 201, Amherst, NY 14228, phone: (716) 688-0766, fax: (716) 625-6825.


Notice Of Acceptance Of Draft EIS And Public Hearing

Cattaraugus County - The Town of Allegany Planning Board, has accepted a Draft Environmental Impact Statement on the proposed Wal-Mart Supercenter. A public hearing on the Draft EIS will be held on Wednesday, March 1, 2006 at 7:00 p.m. in the ROBERT LIVINGSTON COMMUNITY CENTER, 188 WEST MAIN STREET (corner of First Street and West Main Street), ALLEGANY, NY. Concurrently with the hearing on the DEIS, the Town of Allegany Planning Board will hold a public hearing on the application for Site Plan Review, pursuant to the New York State Town Law and the Town of Allegany Zoning Ordinance. Comments are requested and will be accepted by the Planning Board through March 13, 2006. Written comments should be sent to the Planning Board, Town of Allegany, 52 West Main Street, Allegany, NY 14706. The Draft Environmental Impact Statement (DEIS) and application materials are available for review at the Allegany Town Hall, Town Clerk’s Office, 52 West Main Street, Allegany, NY from 9:00 a.m. to 4:00 p.m. Monday through Friday. The DEIS is also available for public review at the Allegany Public Library, 90 West Main Street, Allegany, NY. The action involves the expansion of an existing Wal-Mart store into a Wal-Mart Supercenter. The existing store is approximately 127,600 square feet in size. The proposed Wal-Mart Supercenter will consist of an approximately 211,000 square foot, single story building. The building will contain interior sections of retail activities, including but not limited to grocery, pharmacy, garden center, and photo center. In order to accommodate the building expansion, Dan Eaton Drive, a private interior street, will be relocated, in part. Municipal water and sewer lines would be relocated. An on-site stormwater storage facility is proposed. The project site is zoned C-2- Commercial. The project is located at 3142 West State Street, Route 417 (north side of West State Street, 1,000 feet west of the intersection of West State Street and Independence Drive), in the Town of Allegany, Cattaraugus County, New York.

Contact: Carol Horowitz, Town of Allegany Planning Board, Allegany Town Hall, 52 W. Main Street, Allegany, NY 14706, phone: (716) 373-2289.