DETERMINATION:

In accordance with the National Environmental Policy Act (NEPA) and implementing
regulations of the Council on Environmental Quality (40 CFR 1500-1508), I find that the
proposed federal action, to approve the management agreement between Rincon San
Luisefio Band of Mission Indians and HCAL Corporation, 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.

Medal

Montie R. Deer, Chairman
National Indian Gaming Commission

JUN - 4 2001
Date


NOTICE OF FINDING OF NO SIGNIFICANT IMPACT
PROPOSED RINCON GAMING FACILITY

AGENCY: National Indian Gaming Commission (NIGC)
ACTION: Finding of no Significant Impact (FONSI)

SUMMARY: :
The Rincon San Luisejio Band of Mission Indians of California (Tribe) has submitted a
request to the NIGC for the approval of a management agreement between the Tribe and
HCAL Corporation (Harrah’s) to construct and operate a Class III gaming facility on
existing tribal trust land.

The proposed 184,000 square foot gaming and entertainment facility is to be developed
ona 65 acre site within the 4000 acre Rincon Reservation. The proposed federal action is
the approval of the management agreement by the NIGC. Approval of this document
will allow the Tribe to construct and operate the proposed gaming facility as planned,
subject to the conditions of the existing Tribal/State Gaming Compact.

FOR FURTHER INFORMATION CONTACT:
Jim Harriman, Technical Reviewer

National Indian Gaming Commission

1441 L Street NW, Suite 9100

Washington, DC 20005

(703) 625-9164

PUBLIC AVAILABILITY: ,

This FONSI, and the Final EA upon which it is based, including comments received
during the public comment period and responses to those comments, will be distributed to
all persons and agencies known to be interested in the proposed action as indicated by
their comments on the Draft EA. Additionally, all persons and agencies on the initial
Draft EA mailing list will receive a copy. Copies of the Final EA are available upon
request at the following address.

Rincon San Luisefio Band of Mission Indians
Rincon Reservation PO Box 68
Valley Center, CA 92082

BACKGROUND:

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



DESCRIPTION OF THE PROPOSED PROJECT:

The Rincon Casino and Entertainment center will be a 184,000 square foot facility on a
65 acre site located in San Diego County, fronting on Valley Center Road, approximately
eight miles northeast of the City of Escondido. The facility will contain a 59,900 square-
foot gaming area and a 125,000 square-foot hotel. Adjacent parking areas will provide
2400 spaces. A wastewater treatment facility will also be constructed as part of the
project.

Access to the site is from Valley Center Road ( Highway S-6 ). It is anticipated that an
average of 8,270 patron vehicles will use this road to visit the facility on a daily basis.

ENVIRONMENTAL IMPACTS:

An EA documenting the planning process and analyzing implementation impacts of the
proposed project 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 and significant beneficial economic impact to both the Tribe and the surrounding
communities. There are no significant unmitigated impacts on public health and safety.
The site contains no eligible or listed National Register of Historic Places sites or any
known significant archeological resources. There are no significant unmitigated adverse
impacts on endangered species or their critical habitat. The proposed land use will not
significantly impact declared wetlands. The proposed land use will not significantly
impact water quality or air quality. There are no significant unmitigated impacts on
traffic flow. :

REQUIRED MITIGATION -

All mitigation measures described in the Final EA as being implemented to reduce
potentially significant adverse impacts of the project to a point of insignificance are
conditions of the approval of this project. NIGC’s approval of the management
agreement and the signing of this FONSI makes construction and operation of the gaming
facility contingent upon implementation of these mitigation measures. The principal
measures that will be implemented to reduce impacts to less than significant levels
include:

Soils:

¢ Construction activities that expose soils shall incorporate Best Management Practices
to prevent erosion and soil losses.

Drainage: .

¢ The developed site configuration will ensure that there will be no rise in the Base
Flood Elevation.

Water Quality:

¢ A biofiltration system and detention pond will be constructed in the northwest corner
of the project site to attenuate all stormwater runoff from the site.



Traffic Circulation:

e The Tribe and the County of San Diego have signed a Cooperative Agreement
( Appendix C ) providing for roadway mitigation designed to reduce project impacts
below significant levels. ;

e Provision of a right-of-way and improvements including southbound deceleration
lanes and two-way left turn for access to the project driveway.

e Installation of a traffic signal at the main driveway.

e Provision of right-of-way and construction of walkway along frontage of the planned
new bridge over the San Luis Rey River.

e Addition of two lanes to Valley Center Road between the Escondido city limits and

Cole Grade Road.

Signalization of the Woods Valley Road/Valley Center Road intersection.

Intersection improvements at the Cole Grade Road/Valley Center Road intersection.

Signalization of the North Lake Wohlford Road/Valley Center Road intersection.

Add one lane to Valley Center Road between the casino entrance and Cole Grade

Road.

Air Quality:

e Grading activities shall incorporate dust control measures that will include, but are
not limited to, watering active grading areas as needed, preventing the deposit of soil
and sand on public roadways, and revegetating all unpaved disturbed areas as soon as
feasible.

¢ Construction crews will be encouraged to carpool to and from the site.

¢ The tribe shall encourage employees to use car pool or rideshare.

¢ The Tribe shall actively obtain and review data relative to the geographical origin of
patrons, and aggressively market the use of buses.

Biological Resources:

+ Appropriate mitigation, as agreed to by the Tribe and prescribed by the US Fish &
Wildlife Service ( Appendix D ) will result in less than significant impacts to the
arroyo toad. ,

¢ A final Tribal Resource Management and Conservation Plan will be developed by the
Tribe in coordination with the US Fish & Wildlife Service. A Draft Plan will be
submitted not later than October 30, 2001.

Cultural Resources:

¢ During ground disturbing construction activities the site will be monitored for the
discovery of cultural resources and appropriate action taken if resources are
discovered.

Police Protection:

« Project security will be provided using measures developed in cooperation with the
San Diego County Sheriff's Department.

Fire Protection:

* Prior to opening of the proposed project, the tribe will negotiate a services agreement
with one or more of the fire service agencies in the project vicinity.

Aesthetics:

e All outdoor lighting for the proposed project will adhere to the County of San Diego’s
Light Pollution Code.