NOTICE OF FINDING OF NO SIGNIFICANT IMPACT
PROPOSED HOTEL EXPANSION RINCON GAMING FACILITY

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

SUMMARY:

The Rincon San Luisefio Band of Mission Indians of California (Tribe) has submitted a
request to the NIGC for the approval of an amendment to the management agreement
between the Tribe and HCAL Corporation (Harrah’s) to expand the Tribe’s Class III
gaming facilities on existing tribal trust land.

The proposed hotel expansion, parking structure, low-rise area and wastewater treatment
plant expansion will occur within the 65-acre site that was analyzed in the May 2001
Environmental Assessment. The proposed federal action is.the approval of the
amendment 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:
Christine Nagle, NEPA Coordinator

National Indian Gaming Commission

1441 L Street NW, Suite 9100

Washington, DC 20005

202-632-7003

PUBLIC AVAILABILITY:

This FONSI, and the Final EA upon which it is based will be distributed to all persons
and agencies known to be interested in the proposed action. 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 Govemor and the Secretary of the Interior.

A public hearing and comment period were held by the Tribe in accordance with the
requirements of the Tribe's Compact with the State of California. Comments received



from the public and, responses to comments prepared by the Tribe, as well as a transcript
of the public hearing were incorporated into the NIGC's review.
is

DESCRIPTION OF THE PROPOSED PROJECT:

The Rincon Hotel Expansion project will include a 22-story, 499 room hotel, a 1,200
space parking structure, 38,555 square feet of low rise public area and expansion of the
on-site wastewater treatment facility. The project is located within the 65-acre site
covered in May 2001 Environmental Assessment for construction of the gaming facility.
The project is located in San Diego County, with frontage on Valley Center Road,
approximately nine miles northeast of the City of Escondido. Currently the facility
contains 180,00 square feet including 52,515 square-foot of gaming area, a 125,000
square-foot, 201 room hotel, 2400 parking spaces and an-on-site wastewater disposal
system. It is anticipated that an average of 2,784 additional vehicle trips per day will
occur as a result of this project. This will bring the daily vehicle trip rate up to just under
the 8,270 per day rate analyzed in the May 2001 Final EA.

ENVIRONMENTAL IMPACTS:

An Supplemental EA documenting 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 make 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:

Traffic Circulation: -

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



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.

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 in Biological Opinion 1-6-01F-1060 will result in less than
significant impacts to the arroyo toad.

e A final Tribal Resource Management and Conservation Plan will be developed and
implemented by the Tribe in coordination with the US Fish & Wildlife Service.

Aesthetics:

© Design of lighting for the hotel expansion will comply with the County of San
Diego’s Light Pollution Ordinance.

DETERMINATION:

In accordance with the National Environmental Policy Act (NEPA) and implementing
regulations of the Council on Environmental Quality (40 C.F.R. 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, doesnot constitute a major federal action that would significantly affect the
quality of thé human envirénment within the meaning of NEPA. Therefore, an
Environrhental Impact Statement is not required for this proposal.

Philip N. Hogen, Chairman
National Indian Gaming Commission