from the proposed Kickapoo Casino expansion, either from a hydraulic or organic
standpoint. Therefore, it is proposed that a new 50,000 gallon per day wastewater
treatment facility be constructed using an activated sludge process to treat the high
organic wastewater loads anticipated from the casino expansion project.

« A Traffic Impact Study conducted for the proposed project concluded that the
traffic projected to be generated by the expansion of the casino is not expected to
be detrimental to the operational characteristics of the existing intersections. The
intersection of U.S. Highway 62 and State Highway 102, and the intersections of
US. Highway 62 and the driveways to the development are expected to operate
adequately at acceptable levels of service. No capacity problems are expected
due to the increase in traffic, and thus no mitigation measures pertaining to traffic
are proposed at the present time.

¢ If any currently unknown hazardous sites or areas of historical or archeological
significance are found during implementation of the proposed project, all
activities in the vicinity of the site will be halted and all applicable tribal, federal,
and state agencies will be contacted. Investigation and/or cleanup of any found
sites will be coordinated with all applicable tribal, federal, and state agencies.

FINDINGS
The NIGC makes the following findings which support this FONSI.

1. Federal and state agencies were involved in identifying environmental issues
related to the Proposed Action. The EA contains a list of agencies, tribal governments
and individuals that were contacted. See EA, Section 4.0, “Agency Involvement,” and
Appendix B.

2. Alternative courses of action were developed in response to environmental
concems and issues related to the proposed action. See EA, Section 6.0, “Resources
Evaluated and Environmental Consequences of Proposed Action and Alternatives.” The
EA discloses the environmental consequences of the proposed action and no-action
alternative. See EA, Section 6.0. The EA assesses compliance of the alternatives with
applicable environmental mandates, and includes information that supports a finding of
no significant impact. See EA, Section 6.0.

3. The EA describes mitigation measures that will be implemented to protect the
human environment. The measures are summarized above. Also see the discussion of
mitigation measures for each resource area in Section 6.0 of the EA, “Resources
Evaluated and Environmental Consequences of Proposed Action and Alternatives.” The
EA describes permitting processes and other enforceable mechanisms that are in place to

ensure that the Kickapoo Tribe completes mitigation measures to protect key resources.
See EA, Sections 6.0, 7.0 and 8.0.

4. The EA finds that the proposed action will not jeopardize federally listed
threatened or endangered species because such species are not known to occur on the


A Public Notice for review of the Draft EA was published on February 15, 2006. The’
public comment period ended on March 16, 2006. No comments were received during
this period.

SUMMARY OF MITIGATION ISSUES

The NIGC hereby adopts the mitigation measures described in Section 8.0 of the EA.
The following is a summary of those measures.

All proposed construction activities and future facility operating activities will
comply with any applicable regulatory requirements, unless otherwise exempt.
To reduce temporary impacts to air quality from ground-disturbing construction
activities, routine water spraying/sprinkling for dust suppression and
covering/vegetating soil stockpiles exposed for long periods of time will be
undertaken when deemed necessary.

As discussed in the Drainage Study Report, erosion during and after construction
of the proposed project would be‘maintained to acceptable levels by
implementation of a Storm Water Pollution Prevention Plan (SWPPP), providing
adequate on-site detention to mitigate the increase in runoff and maintaining
existing swales which provide conveyance for upstream drainage areas. Current
drainage pattems will be maintained under proposed conditions. Disturbed areas
during construction will drain into a proposed detention pond, which will also
serve as a sedimentation basin for pollution and erosion prevention. By utilizing
this detention pond, proposed impervious cover additions will not increase
downstream water surface elevations nor increase downstream erosion. Further,
best management practices (BMPs) will be implemented during and after
construction until roads and parking areas are paved.

As discussed in the Water Study Report, additional potable water storage is
required for the proposed project, coupled with booster pumping facilities. It is
proposed to install an additional 160 foot in depth water supply well, construct a
250,000 gallon ground storage tank and a booster pumping facility capable of
supplying up to 1500 gallons per minute of domestic flows, with an installed
chlorine disinfectant system. To evaluate any cumulative impact of the proposed
water improvements, a Well Monitoring Program has been proposed. The
proposed program would consist of conducting monthly static water level
measurements of all supply wells and recording flow meter consumption rates.
These measurements would be used to evaluate the seasonal trends and effects of
the proposed water improvements and well field over time. If production from the
proposed well source is not sufficient or the aquifer is found to be depleted over
time, a second well would be drilled on Kickapoo land, or a well would be
permitted and installed on offsite property (+ 5-6 miles away from the Site), where
a known adequate aquifer exists.

The Wastewater Report set forth in the EA concluded that the existing wastewater
treatment system does not have sufficient capacity to treat the wastewater flow


proposed site. Nor is the site located in an officially designated wilderness area or
officially designated wildlife preserve. The U. S. Fish and Wildlife Service (USFW) sent
a “no objection finding” which indicates that the two threatened species listed by the
Oklahoma Department of Wildlife Conservation (Bald Eagle and Piping Plover) are not
known to occur within project boundaries. See EA, Section 6.5.2, “Threatened and
Endangered Species and Critical Habitat Review,” and Appendix D. Further, the
proposed action will not result in the conversion of any Prime or Unique Farmlands. See
EA, Section 6.5.3, “Prime and Unique Farmlands.”

5. The EA finds that the proposed action is in compliance with the National Historic
Preservation Act, and that no properties eligible for listing on the National Register of
Historic Places will be adversely affected under the proposed action. See EA, Section
6.6, “Cultural and Historical Resources.”

6. The BA finds that the impacts on public health, safety and infrastructure will not
be significant. The EA describes that the traffic impacts will be within the design
capacity of the roads and intersections. See EA, Section 7.3, “Transportation and
Traffic.” The EA finds that the proposed action is in compliance with the Clean Air-Act
and the National Ambient Air Quality Standards (NAAQS). See EA, Section 6.1,
“Regional Air Quality.” The EA also finds that the proposed action will have no
significant impact with respect to noise issues. See EA, Section 6.2, “Noise.” Finally,
the EA finds that utilities and services, law enforcement and fire protection will not be
significantly impacted. See EA, Section 7.2, “Infrastructure.”

7. The EA analyzes the cumulative impacts for the proposed action and finds that
they will not be significant. See EA, Section 8.0, “Conclusions,” and Table 5.

8. The EA finds that the proposed action will improve the economic and social
conditions of the Kickapoo Tribe by meeting the purpose and need for the action
identified in the EA, Section 1.0, “Purpose and Need.” See EA, Section 7.1,
“Environmental Justice.” The EA also finds that the proposed action will benefit the
local economy by creating jobs. The EA finds that the proposed action is in compliance
with Executive Order 12898 (Federal Actions to Address Environmental Justice in
Minority Populations and Low Income Populations) because the proposed action will not
cause disproportionately high adverse impacts to minority or low-income populations.
See EA, Section 7.1, “Environmental Justice.”

The NIGC has independently evaluated the information and analysis in the EA.

DETERMINATIONS

The February 2006 EA provides a sound basis for evaluating the environmental impacts
of the Kickapoo Tribe’s operation of a gaming facility on the proposed site.


FINDING OF NO SIGNIFICANT IMPACT AND NOTICE

Proposed Kickapoo Tribe of Oklahoma Casino Expansion Project,
Lincoln County, Oklahoma

AGENCY: National Indian Gaming Commission
ACTION: _ Finding of No Significant Impact
SUMMARY:

The Kickapoo Tribe of Oklahoma (Kickapoo Tribe) submitted a request to the National
Indian Gaming Commission (NIGC) for the approval of a management agreement
between the Kickapoo and Ellis Gaming Oklahoma Management, LLC (Ellis), for the
development, construction, and operation of an expanded, existing casino complex.

The Kickapoo Tribe currently owns and operates a tribal government gaming casino
(Kickapoo Casino) located on the south side of U.S. Highway 62, approximately 1/4-mile
northeast of the intersection with State Highway 102. This casino lies within a portion of
an existing 609-acre tract of land owned by the United States, and held in Trust for the
benefit of the Kickapoo Tribe and located in Section 22, Township12 North, Range 2
East, in Lincoln County, Oklahoma.

The Kickapoo Tribe has plans to conduct an expansion/construction project that will
consist of an approximate 12,000 square foot net expansion of the gaming floor,
expansion and remodel of the existing facilities, and consolidation of modular buildings
outside of the existing facility through the addition of a 33,000 square foot tensile
structure.

An Environmental Assessment (EA), dated February 2006, was prepared for the NIGC’s
decision regarding the approval of a management agreement to meet the requirements of
the National Environmental Policy Act of 1969, as amended (NEPA) (42 USC 4321 et
seq.). The Draft EA was published and circulated for public comment for 30 days. No
public comments were received during the comment period. The Final EA has been
revised to include this information.

The NIGC is the federal agency charged with regulating gaming on Indian lands, as
mandated by the Indian Gaming Regulatory Act (IGRA). As part of its regulatory
authority under IGRA, the NIGC reviews and approves all management contracts
between Indian tribes and outside management contractors. If the NIGC decides to
approve the Kickapoo Tribe’s Management Agreement with Ellis under IGRA, such a
decision would be a federal action subject to NEPA. Based on the size and scope of the
proposed project, the Final EA and this Finding of No Significant Impact (FONSI) fulfill
the requirements of NEPA as set out in the Council on Environmental Quality
“Regulations for Implementing NEPA (40 CFR Parts 1500-1508) and the NIGC’s NEPA
Procedures. The NIGC is the lead agency for NEPA compliance.



RECOMMENDATIONS/APPROVALS

After careful and thorough consideration of the facts contained herein, the undersigned
finds that the proposed federal action is consistent with existing national environmental
policies and objectives as set forth in Section 101 of the NEPA and other applicable
environmental requirements and will not significantly affect the quality of the human
environment or otherwise include any condition requiring consultation pursuant to
Section 102(2)(c) of NEPA.

Environmental Assessment and FONSI reviewed and recommended by:

BS2Y/ O86
Date

Date



FOR FURTHER INFORMATION CONTACT:

National Indian Gaming Commission
NEPA Compliance Officer

1441 L Street NW, Suite 9100
Washington, DC 20005

(202) 632-7003

PUBLIC AVAILABILITY:

This FONSI, the Final EA, and additional information on which the FONSI is based will
be available to the public at the following locations for a period of 30 days:

McLoud Public Library
133 N. Main
McLoud, Oklahoma 74851

Chandler Public Library
1021 S. Manuel
Chandler, Oklahoma 74834

National Indian Gaming Commission
1441 L Street NW, Suite 9100
Washington, DC 20005

BACKGROUND:

Gaming is a means for the Kickapoo Tribe to further promote tribal economic
development, self sufficiency and strong tribal government. This opportunity is afforded
the Tribe under the IGRA (25 USC 2701 et seq.).

DESCRIPTION OF THE PROPOSED PROJECT:

The existing casino structure is an approximate 16,000 square foot structure, which
opened in May of 2001. The Kickapoo Tribe has plans to conduct an expansion/
construction project that will consist of an approximate 12,000 square foot net expansion
of the gaming floor, expansion and remodel of the existing facilities, and consolidation of
modular buildings outside of the existing facility through the addition of a 33,000 square’
foot tensile structure.

Specifically, according to the Tribe’s Business Plan, proposed Phase I project activities
will include:

e Addition of a 33,000 square foot tent structure on the south side of the existing
facility, using the Multimedia trailer as the connection point. This area currently
consists of an asphalted parking area, a supplemental parking area currently
covered in gravel, and small areas currently covered in native soils and grass.

e Asphalting all possible parking areas.


2 Creating a new entrance to the housing area that is directly off of Highway 62.
e Graveling additional areas to provide “‘overflow” customer and employee parking.

Phase II activities will include:

¢ Removing the current modular buildings in a process that will not interrupt
customer gaming.
e Building a “walkway” between the tent structure and the main casino building.

Any mitigation measures that need to be implemented, including expanded potable water
facilities and wastewater treatment services, will be included as part of the proposed
project.

The Kickapoo Tribe’s goal is to expand the tribe’s economic base by increasing it’s
gaming and entertainment services. The expanded casino would provide the Tribe with
an increased revenue base. Gaming revenues would be used to fund governmental
programs and decrease the Tribe’s dependence on Federal and State funding. Gaming
revenues would also allow the Tribe to upgrade equipment, hire additional staff and
expand environmental, health and safety programs. Gaming revenues would also provide
employment opportunities for Tribal members and many local non-tribal residents.
Operation of the casino would require the purchase of goods and services, increasing
opportunity for local businesses, and increase taxes and revenues that would stimulate the
local economy.

The proposed project will have a beneficial economic impact for the Kickapoo Tribe.
Benefits to the Tribe and its individual members will result from employment
opportunities at the expanded facility and an improved quantity and quality of social
services offered by the government of the Kickapoo Tribe. The Kickapoo Tribe plans to
use gaming revenues to develop and invest in long-term projects which will provide
alternative sources of sustained revenues for years to come. The development of revenue
sources will help ensure economic success in the event of any potential decrease in
gaming revenues.

PUBLIC REVIEW AND COMMENT.

See EA, Section 4.0, “Agency Involvement,” and Appendix B, for a list of agencies and
persons contacted. Preparation of the EA included consultation with the U.S. Army
Corps Of Engineers (USACE); U.S. Fish and Wildlife Service (USFWS); U.S.
Department of Agriculture; American Flood Research, Inc., Federal Emergency
Management Agency; Oklahoma Archaeological Survey (OAS); Oklahoma Department
of Environmental Quality (ODEQ); Oklahoma Water Resources Board (OWRB);
Oklahoma Department of Transportation (ODOT); Oklahoma Department of Wildlife
Conservation (ODWC); Oklahoma State Historic Preservation Office (SHPO); Oklahoma
Natural Heritage Commission; Wichita and Affiliated Tribes.