ENB - REGION 9 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Notice

Notice is hereby given pursuant to Article 24 (Freshwater Wetlands Act) of the New York State Environmental Conservation Law and the Freshwater Wetlands Mapping and Classification Regulations (6 NYCRR Part 664) that NYS Dept. of Environmental Conservation (NYSDEC) proposes to amend Niagara County and Erie County Freshwater Wetland Maps originally filed in 1984 and 1986 respectively. Niagara County Maps 5, 7, 14 and 15 of 18 and Erie County Map 2 of 31 are proposed for amendment. The wetland amendments would revise the boundary of two wetlands, BA-24 and TE-15, revise the classification of TE-15 and add four wetlands to the maps, one wetland as a wetland of unusual local importance. These changes would affect portions of the towns of Lewiston, Somerset, Wheatfield and Grand Island as well as the City of North Tonawanda. Maps showing the proposed revisions are available at the Clerk's office in the village, town, city and county where the change is taking place, as well as at the NYSDEC Region 9 Office, 270 Michigan Avenue, Buffalo, NY. Those interested may view the proposed amended maps and ask questions at the informational meeting which will be held at the North Tonawanda Common Council Chambers, City of North Tonawanda City Hall, 216 Payne Ave., North Tonawanda on March 30, 2006 from 6:30pm to 7:30 pm. Those wishing to may submit written comments on the accuracy of the proposed changes to the maps at the information meeting, or by mailing comments to the person listed below through April 21, 2006. A legislative public hearing will be held at North Tonawanda Common Council Chambers, City of North Tonawanda City Hall, 216 Payne Ave., North Tonawanda on March 30 beginning at 7:30 pm, following the information meeting. Oral as well as written comments on the accuracy of the amendments will be received into the record at that time. All comments received through April 21, 2006 will be considered. Pursuant to 6 NYCRR Part 664, once the announcement of a proposed amendment has been made, no activity subject to regulation under the Freshwater Wetlands Act may be initiated without a permit from NYSDEC within the area that is the subject of the proposal (including the 100 foot or extended wetland adjacent area) until the Commissioner has either amended the map or denied the amendment.

Contact: Kenneth Roblee, DEC Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203, 716-851-7010 phone, 716-851-7005 FAX or email kjroblee@gw.dec.state.ny.us


Notice of Public Comment Period

Proposed Well Spacing Variance

PROJECT DESCRIPTION AND LOCATION: SENECA RESOURCES CORPORATION ("Seneca" 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 the Van Dewark 2 (API 31-013-24186-00-00) Medina natural gas well on acreage to be designated as the Van Dewark Unit in the Town of Busti, Chautauqua County, New York. The Applicant proposes to drill, complete and produce 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 Seneca have agreed to a Stipulation dated February 22, 2006, regarding the granting of a well spacing variance. 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 variance and issuance of the 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 11, 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, 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 Van Dewark 2 well at the proposed location subject to site-specific conditions as warranted.

Issuance of the permit 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 Busti, 121 Chateau Avenue, Lakewood, New York 14750 (716-763-8561), Contact: Kathleen A. Sullivan.

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).


Brownfield Cleanup Program

Site Name: 7503 Niagara Falls Boulevard
Site Address: 7503 Niagara Falls Boulevard, Niagara Falls, New York 14302
County: Niagara
Site No.: C932126
Requestor: GLR Holdings, LLC

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

NYSDEC will accept public comments concerning the application. A copy of the application and other appropriate documents (application package) is available in the site document repository located at the address indicated below.

Please note the application package includes the Remedial Draft Investigation Work Plan which describes the remedial activities to be conducted to investigate and determine the nature and extent of the contamination related to the site.

NYSDEC will review the application package and public comments received and then make a determination on the eligibility of the application.

Comments should be submitted by March 31, 2006 to:

New York State Department of Environmental Conservation
Division of Environmental Remediation - Region 9
270 Michigan Avenue
Buffalo, New York 14203
Attention: Jeff Konsella

Repository address:

Niagara Falls Public Library
LaSalle Branch
8728 Buffalo Avenue
Niagara Falls, New York 14304


Positive Declaration And Public Scoping

Erie County - The Town Of Amherst Planning Board, as lead agency, has determined that the proposed Wal-Mart Supercenter and Fueling Facility may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on Thursday, March 23, 2006, at 6:30 p.m. at the Amherst Municipal Building, Council Chambers – 2nd Floor, 5583 Main Street, Williamsville, New York. The action involves the construction of a proposed Wal-Mart Supercenter and fueling facility to be located at 4300 Millersport Highway, Amherst (SP-35-05). The petitioner is Wal-Mart Stores, Inc., 2001 SE 10th Street, Bentonville, Arkansas, 72716-0550. The 67.4± acre property is located on the west side of Millersport Highway (NYS 263) and is bounded by New Road to the east and Smith Road to the south. The property is zoned Planned Shopping Center (SC). The site plan shows a Wal-Mart building of 217,572 gsf situated towards the rear of the site, with parking for 1,022 vehicles to the front of the store. There are two driveways to the site, one from Millersport Highway and one from New Road. A proposed 5-bay fueling facility and two out-parcels (1.792 and 1.961 acres) are shown adjacent to the Millersport Highway entrance. The project is located at 4300 Millersport Highway, Amherst, NY.

Contact: Eric W. Gillert, Planning Department, 5583 Main Street, Williamsville, NY 14221, phone: (716) 631-7051, fax: (716) 631-7153, E-mail:planning@amherst.ny.com.