PUBLIC REVIEW:
The Notice of Availability will be published in local newspaper. All Mitigation Measures
outlined above will be installed to protect the environment.

DETERMINATION:

In accordance with the National Environmental Policy Act and implementing regulations
of the Council on Environmental Quality (40 CFR 1500-1508), I find that the proposed
federal action, to approve the Amended and Restated Management Agreement between
Manistee Gaming, LLC and the Little River Band of Ottawa Indians, when the mitigation
measures are followed, does not constitute a major federal action that would significantly
affect the quality of the human environment within the meaning of NEPA. Therefore, an
Environmental Impact Statement is not required for this proposal.

Medak Wun)

Montie R. Deer
Chairman, National Indian Gaming Commission

Date Jane (4-, 206 [



FINDING OF NO SIGNIFICANT IMPACT
PROPOSED LITTLE RIVER CASINO GAMING FACILITY EXPANSION,
HOTEL AND RV CAMPGROUND

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

SUMMARY:

The Little River Band of Ottawa Indians (Band) has submitted a request to the National
Indian Gaming Commission (NIGC) for approval of an Amended and Restated
Management Agreement between the Band and Manistee Gaming, LLC to manage the
Band’s gaming facility, conference center, hotel and RV campground on 147 acres of
existing tribal trust land located in Manistee Township, Manistee County, Michigan.

The proposed expansion of the Little River Casino Resort will include additional square
footage for gaming, a hotel, a conference center and R.V. campground. Two thousand
additional parking spaces will be developed as well. A new public water supply and
wastewater treatment plant will be constructed to serve the gaming facility.

An Environmental Assessment (EA) was prepared in 1998, when the current facility was
constructed. A supplemental EA that updated the scope of the expansion was prepared in
April 2001 to meet the requirements of the National Environmental Policy Act of 1969,
as amended (NEPA). The proposed federal action is the approval of the Amended and
Restated Management Agreement by the NIGC. Approval of this Agreement will allow
the Band to develop and operate the proposed facility as planned.

FOR FURTHER INFORMATION CONTACT:
Steve York, Technical Reviewer

National Indian Gaming Commission

1441 L Street N.W.

Washington, D. C. 20005

(405) 224-4649

PUBLIC AVAILABILITY:

This Finding of No Significant Impact (FONSI) and the Environmental Assessments on
which it is based, will be available to all interested persons and agencies at the following
locations:

KEA Engineering Little River Band of Ottawa Indians
1420 Kettner Boulevard Legal Department Offices

Suite 620 375 River Street

San Diego, California 92101-2434 Manistee, Michigan 49660

Mr. William Graham, Project Manager Mr. Bill Brooks, Tribal Attorney
Phone: (619) 233-1454 Phone: (231) 723-7260



BACKGROUND:

Gaming is a unique opportunity for the Band to develop an economic base as evidenced
by this expansion. This opportunity is afforded the Band under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and was sanctioned by the State of Michigan
through a Tribal/State Gaming Compact approved by the Governor and the Secretary of
the Interior.

ALTERNATIVES CONSIDERED:
Two alternatives were identified and analyzed in the April 2001 EA, “NO ACTION” and
, the Preferred Alternative.
(1) Preferred Alternative- described in detail below in description of the proposed
project section.
(2) No Action- which would result in no expansion of the Band’s current gaming
facility.

DESCRIPTION OF THE PROPOSED PROJECT:

The Tribe proposes to expand its gaming facility from 35,000 sq.ft. to 125,800 sq.ft. and
develop a 13,700 sq.ft. conference center, 62,250 sq.ft. 96- room hotel, and a 44-space
RV campground. Two thousand additional parking spaces will be developed as well.

A new public water supply and wastewater treatment plant will be constructed to serve
the gaming facility; a 180-unit tribal housing development that will be built adjacent to
the project will also be connected to the Public Water Supply and wastewater plant. Two
high production wells will be drilled and a 250-thousand gallon elevated storage will be
installed for the Public Water Supply. The wastewater treatment facility and drainfield
will have a 175,000 gpd capacity and will cover approximately two acres at the northwest
corner of the project.

ENVIRONMENTAL IMPACTS:

A Supplemental EA documenting the planning process and analyzing implementation
impacts of the expansion has been completed. No significant unmitigated adverse
environmental impacts are indicated by the EA.

The impact on the quality of the human environment is judged to be of minor adverse
impact. With implementation of the mitigation measures there will be no significant
impacts on public health and safety. The site contains no eligible or listed National
Register of Historic Places or any known significant archaeological resources.
Compliance with E.O. 11988 has been accomplished with regard to avoiding flood plains
and with E.O. 11990 with regard to impacts on wetlands. Consultation with the U.S.
Fish and Wildlife Service found that there are no impacts to threatened or endangered
species.

The proposed expansion will allow the Band to achieve its long-term goals of sustainable
economic growth and provide additional opportunities for tribal members. Revenues


generated by this expansion will allow the Band to expand governmental programs that
will benefit the Band and its members.

SUMMARY OF MITIGATION MEASURES:
All mitigation measures identified in the April 2001 Supplemental EA (Chapter 3.0 pages
15-57) shall be implemented. These Mitigation measures are summarized as follows:

Geology And Soils: Temporary impacts to on-site soils are anticipated during
construction, but these efforts will be limited through erosion and sedimentation controls.
Sedimentation and erosion controls will be implemented according to the Michigan
Department of Environmental Quality (MDEQ), Division of Land and Water
Management regulations. On site environmental monitoring, including emergency
measures will be performed during construction to prevent hazardous materials spills.

Drainage: The project site will be graded prior to construction and drainage patterns will
be altered by project implementation. No adverse drainage effects are anticipated as a
result of on site detention facilities.

Water Quality: A water quality-monitoring program will be implemented by the Band to
assure that all groundwater and surface waters remain in compliance with existing
standards. The plan will include: (1) the incorporation of Best Management Practices
(BMPs) into project construction methods to prevent erosion; (2) a description of the
biofiltration system to be installed during construction of detention ponds to treat storm
water runoff from the project site; (3) measures to ensure that detained storm water will
not adversely affect groundwater.

Traffic Circulation: In order to avoid a potential traffic conflict on M-22 between a
southbound left-turn queue at U.S. 31 and northbound left-tum traffic at the southem
driveway, the main entrance to the proposed project will be located a minimum of 200
feet to the north of the existing southern access drive. A right-turn lane and associated
taper for the relocated main entrance will be utilized. The existing two access drives will
be closed. In order to avoid potential unacceptable LOS at the M-22 and U.S. 31
intersection, a traffic signal will be installed, following MDOT warrant procedures.

Air Quality: Construction specifications for the project will ensure that active grading
areas and stockpiles will be watered when visible dust emissions are observed beyond the
project property lines. If soil or sand is tracked on the casino roadways or M-22, the
roadways will be swept at least once a day.

Public Services: \n accordance with the Compact, the Band will continue to remit two
percent of net win to the Local Revenue Sharing Board with one eighth going for public
safety.