Finding of No Significant Impact and Notice 

Proposed Mechoopda Casino Prqiect, Butte County, California 

AGENCY National Indian Gaming Commission 

ACTION Finding of No Significant Impact 

The Mechoopda Indian Tribe of the Chico Rancheria (Tribe) submitted a request to the Nat~a 

Gaming Commission (NIGC) to approve a management conbact between the Tribe and Statior 

Inc. The management contract is associated with the proposed management of a proposed gam~ 

that would be constructed on 630 acres of land that the Tribe has asked the Bureau of Indi 

(BIA) to take into trust. The land proposed far development and trust acquisition is loca 

portions of Sections 5 and 6, Township 20N, Range 3E, and a portion of NE '4 of Scction 1, 

20N, Range 2E, Mount Diablo Base and Meridian of the "Shippee, California" U.S. Geologil 

7.5 minute topograph~c quadrangle, The land is located approximately ten miles southeast of I 

Chico, immediately adjacent to and east of State Route 149, near its intersection with High! 

unincorporated Butte County, California. 

~ased upon the analysis documented in the Environmental Assessment @A), Revised Env 

Assessment (REA), consideration of comments received during the public review pt 

implementation of additional mitigation requirements detailed below, the NIGC has reached a I 

No Significant Impact (FONSI). This finding constitutes a determination that the Proposed 

defined below) is a federal action that will not significantly affect the quality of the human er 

Therefore, an Environmental Impact Statement (EIS) is not required. 

FOR FURTHER INFORMATION CONTACT 

National Indian Gaming Commission 

NEPA Compliance Officer 

1441 L Street NW, Suite 9100 

Washington, DC 20005 

(202) 632-7003 

DESC'FWTION OF THE PROPOSED PROJECT 

The NIGC's Proposed Action is the approval of a management contract between the Tribe a~ 

Casinos, Inc. A concurrent proposed action is the BIA's proposed transfer of the site into fc 

status for the benefit of the Tribe. The proposed fee-to-trust conveyance is for two parcc 

approximately 630 acres. A reasonably foreseeable consequence of these actions is the I 

proposed development of a portion of the site into a gaming facility (Proposed Project). T 

facility is proposed to include a, mixture of uses inchding food and beverage facilities, casi 

areas, administration facilities, a lounge, retail space, and a main gaming hall. Other intended 

site include a casino parhng area, a new groundwater well and water storage tank, and a 

treatment plant. 

The REA considered several alternatives to the Proposed Action, which are described in thf 

summarized below. The Alternative On-Site Location Alternative and the No Action Alterr 

evaluated in full detail in the REA. Three alternative sites (the Skyway Property, the Live Oa 

1 Indian 

Zasinos, 

facility 

Affairs 

I within 

~wnship 

Survey 

City of 

y 99, in 

nmental 

~d, and 

 ding Of 

,tion (as 

onment. 

Stations 

T~I trust 

totaling 

]sequent 

gaming 

"pppoxt 

:s oi the 

stewates 

LEA and 

ve were 

voperty, 
1) Alternative On-Site Location Alternative: The Alternative On-Site Location c 

conveyance of the site from private ownership into federal trust status for the bene 

and the subsequent construction of a gaming facility on 

gaming facility under this alternative would be sim~lar to thc desigm under the Pr 

hut the gaming facility would be constmctcd north and west of Clear Creek. Pr 

I the gnrmng facility would also be from the tmninus of Openshaw Road. Under 

Caltrans would extend Openshaw Koad west as part of its current Highway 1 

project and construct a bridge over Clear Creek. 

2) No Action Alternative: Under the No Action Alternative, the proposed man 

I would not be approved, the two parcels (630 acres) would not be placed into fe 

benefit of the Tribe, and the site would not be developed as a gaming facility. 

the site (grazing and open space) are assumed to continue. 

3) Skyway Property Alternative: The Skyway Property Alternative consists of 

the Skyway Property from private ownership into federal trust status for the 

and the subsequent construction of a gaming facility on the site. The Sky 

acre site located along Skyway Avenue between Paradise and Chica i 

County. This alternative site was eliminated from further consideration due to the pr 

of environmental impacts (including potential impacts to wetlands, visual resources, 

and cultural resources) and lack of available electrical utilities. 

4)1 Live Oak Property Alternative: The Live Oak Property Alternative consi 

the Live Oak Property from private ownership into federal trust status for 

and the subsequent construction of a gaming facility on the site, Th 

located at the intersection of Sankey Road and SR-99/70 (in the 

unincorporated Sutter County. This alternative site was elirninat~d from further 

due to the difficulties extending an option on the pope 

impacts (including potential impacts to farmland of sta 

special status species), lack of available utilities, and the site's relatively 

Tribe's historical reservation. 

5) Sacramento Property Alternative: The Sacramento Property Alte 

conveyance of the Sacramento Property from private ownership into 

benefit of the Tribe, and the subsequent construction of a gaming 

Sacramento Property is a 240-acre site located at the intersection of S 

(in the southeast quadrant) in unincorporated Suttcr County. This alc 

from further consideration due to a preponderance of environmental 

impacts to farmland of statewide importance, and state 

available utilities, and the site's relatively distant location from the 

6)' Agricultural Project Alternative: For eleven years the Tribe h 

I orchard on a site northwest of Chico in unincorporated Butte 

I management firm operates the orchard under a contract 

I production and revenue generation. Unfortunately, net re 

1 been minima1 and the Tribe has not been able to af&act inv 

sufficient acreage for Tribal revenue-generation needs. 

consists of continuing agricultural operations as a mean 

support TribaI needs. This alternative was eliminated fro 

not satisfy the purpose and need for the Proposed Action. 

and the Sacramento Property) and a non-gaming alternative (agricultural project) were consi 

ultimately eliminated from further consideration. 

le~ed but 
The EA documenting and analyzing the potential impacts of the Proposed Action and 

completed in December 2003. The EA was distributed for public review from 

January 27, 2004. The BIA racei~ed eleven comment letters regarding the EA 

2003. The REA was completed in June 2006 and updated the analysis and 

comments received on the EA dated December 2003. The REA was 

comment for the pesiod beginning June 26,2006, and ending July 

period were granted to those that asked until August 11, 2006. 22 

REA. 

Ilis FONSI will be distributed to all persons and agencies horn to be interested in the Propose Action 

as indicated by their comments on the EA. Additionally, all persons and agencies on the EA a d REA 

mailing 

I 

lists will receive a copy, I 

SPTMhiARY OF TMPACTS AND MITIGATION ISSUES 

As part of the REA, potential impacts to land resources, water resources, air quality, biological sources, 

cultural resources, socioeconomic conditions, resource use patterns, public services, and 0th~ values 

were evaluated, with the following conclusions: t 

Having considered land resources impacts during project desigdplan 

Management Practices (BMPs) incorporated into the Proposed Project m 

measures will ensure impacts ta land resources will be less than significan 

Sections 2.0,4.1.1, and 5.1. 

Having considered water resources impacts during project desigdpl 

incorporated into the Proposed Project and mitigation measures will cns 

to watcr resources are not significant. See REA Sections 2.0,4.1.2, and 5.2. 

Impacts to air quality will be less than significant. BMPs incorporated i 

Project and mitigation measures will further reduce impacts to air q 

Sections 2.0,4.1.3, and 5 -3. 

Having considered biological resources impacts during project desi 

incorporated into the Proposed Project and mitigation measures will: 

to biologrcal resources are not significant. See REA Sections 2.0,4.1.4, and 5.4. 

There will be no significant impacts to known cultural resources. 

will ensure impacts to unknown cultural resources are less than si 

Sections 4.1.5 and 5.5. 

Having considered sacioeconomic impacts during project desi 

measures will ensure that socioeconomic impacts are less than 

Sections 2.0,4.1.6, and 5.6. 

Having considered transportxttion networks impacts during project 

BMPs incorporated into the Proposed Project and mitigation measures will 

impacts to transportation networks are not significant. See REA Sections 2.0, L 

5.7.1. 

There will be no significant land use impacts. See REA Section 4.1.7. 

There will be no significant impacts to agricultural resources. See REA Section 

Having considered public services impacts during project designlplannin 

incorporated into the Proposed Project and mitigation measures will ensure tha. 

to public services are not significant. See REA Sections 2.0,4.1.7, and 5.7.2. 

There wiIl be no significant impacts to visual resources. Having considert:d 

resources impacts during project desiplplnnning, RMPs incorporated into the 

designhlanning, 

ersure that 

.I .7, and 

4.1.7. 

;, BMPs 

impacts 

visual 

'roposed 
I 

I Project and mitigation measures will further reduce impacts to visual res 

REA Sections 2.0,4.1.7, and 5.7.3. 

L. Ilaving considered noise impacts (including noise levels during constnr 

project desigdplanning, mitigation measures will ensure that noise irn 

significant. See REA Sections 2.0,4.1.8, and 5.8. I. 

M. Having considered hazardous materials impacts during project desigdpl 

incorporated Into the Proposed Project and mitigation measures wi 

hazardous materials impacts are not significant. See W,A Sections 2.0,4.1 

N. Cumulative impacts to land resources, water resources, air quality, biolo 

cultural resources, socioeconomic conditions, environmental justi 

agriculture, public services, visual resources, and noise or hazardous m 

would be less than significant. Having considered transportation n 

dunng project designlplanning, BMPs incorporated into the Proposed 

mitigation measures will ensure that cumulative impacts to transportat 

not significant. See REA Sections 2.0,4.4, and 5.7.1. 

0. There will be no significant growth-inducing or other indirect effects. 

4.5.1. 

P. Mitigation measures will ensure that indirect effects from off-site traffic 

be less than significant. See REA Sections 4.5.2 and 5.2.7. 

The b~s and mitigation measures described in the REA are included either to reduce s gnificant 

impacts to a less than significant level, to further reduce already less than significant impacts, or 0th. To 

ensue that the mitigation measures required to reduce significant impacts to a less than signifi ant level 

are enforceable as applicable, the mitigation measures will be Included as an integral part of t e project 

descrijrtion as requ~red by Federal law and made enforceable either pursuant to the provis ons of a 

Memotandurn of Understanding (MOU) or by the NTGC pursuant to the provisions of section of Title 

TI of the Mechoopda Indian Tribe of Chico Rancheria Gaming Ordinance of 2001, as amcnde by Res. 

No. 06-62, 1 

The NIGC hereby accepts the proposed mitigation measures described in Section 5 of the REA 

where impacts occur. The folIowing is a summary of BMPs and mitigation measures contain 

REA (see the F55A for a detailed description of all BMPs and mitigation measures): 

water' Availability 

a A 'new we1 I will be installed on the site and tested for water quality and quantity. 

The Tribe shall implement an aggressive water conservation program, including the install tion and 

use of low-flow fixtures in the gaming facility. 

To reduce water loss through evaporation, the Tribe shall water Iawns and landscaped ar s in the 

early morning hours when temperatures and winds are low. 

?'he Tribe shall position sprinklers to ensure that only landscaped areas are watercd and s ewalks, 

streets, and parking areas are avoided. 1 

Land kesounes 

* Prior to site development a qualified professional will prepare detailed recommendations 

foundation design and mimum slopes to minimize erosion. All stmchtres will be de 

adcordance with the seismic design criteria of the most recent edition of the Uniform. Buildin 

a All site clearing, removal of all unsuitable soil, moisture conditioning, review of imp 

material, fill placement, observation of foundation excavations and other site grading shall ht: 

by a registered civil engineer dwing construction. 

regarding 

,iced in 

; Code. 

?fled fill 

verified 
I 

The Tnbe shall use California nalivc plants in landscaping wherever feasible to reduce tlie 

of watering nccessary to maintain landscaping vegetation. 

prosam to protect groundwater supplies. 

recharge areas. 

watt! Quality 

* PECior to construction, a Storm Water Pollution Prevention Plan shall be pr 

U.S. Environmental Protection Agency (EPA) to prevent erosion and preve 

surface and groundwater. Permanent water quality maintenance features shall be inc 

the design and operation of the gaming facility. Water quality conbol measures id 

Storm Water Pollution Prevention Plan shall include, but not be limited to, the following: 

o Vegetation existing on the site shall be retained where possible. Grading 

be limited to the immediate development area. 

o Temporary erosion control measures, such as silt fences, staked s 

temporary revegetation, shall be employed for disturbed areas. 

o No disturbed surfaces shall be left without erosion control measures in 

winter and spring months. 

o Sediment shall be retained on-slte by a system af sediment basins 

appropriate measures, 

o A spill prevention and countmeasure plan shall be developed, if 

identifies proper storage, collection, and disposal measures for potenti 

as fuel storage tanks) used on-site. 

o Storm drains shall be equipped with silt and oil traps to remove oils 

pollutants. Also, storm drain inlets shall be labeled "No Dumping - 

and Rivers." 

o Stamwater runoff will be directed to the stomwater det 

attenuated before being released at rates lower than pre-development 

o The parhng lot shall be designed to allow storm water runoff to 

vegetative filter strips to help confxol sediment. 

o Permanent energy dissipaters shall be included in drainage outlets. 

o The detention basin shalI be designed to provide effective water qua1 

Design and operational features of the drainage basins shall meet the 

- The drainage basins shalI be designed to provide the maximu 

settling of fine particles. 

- The distance between basin inlets and outlets 

velocities. 

- Maintenance schedules shall be established for paiodic rem 

excessive vegetation, and debris that may clog basin inlets and outlets. 

All areas within 200 feet of Clear Creek shall bc designated building excl 

construction activities. Temporary fencing shall be installed to provide a 200 

to construction. The fence shall remain in place until a11 constnrction activitie 

coinpleted. 

Treated effluent from the wastewater treatment plant m) shall be appli 

such a sate that it does not run off the field. The sprafl~eld shall be moni 

quaIified personnel to ensure that the treated effluent is applied at the proper rate. 

* Treated effluent from the WWTP or sprayfield shall not migrate beyo 

WWTP. 
MI tailwater and stormwate~ shall be collected and returned to the storage pond at all ti 

mated cmuent is being applied to the sprayfield. 

Treated effluent shall not be applied on the sprayfield 24 hours before forecasted precipitati 

periods of precipitation, or for 24 hours after treated effluent application has ceased. 

A tailwater recapture system shall be operated to capture treated effluent runoff, as 

stormwater runoff that occurs within 24 hours of thc last application of treated effluent. 

Sprayfield irrigation shall cease when winds exceed 30 miles per hour. During wet c 

when soits arc, saturated, treated effluent shall be pumped into the storage reservoir to 

impacts. 

4 plan shall be prepared that provides safety measures in the event that human emr 

dalfunctinn results in improper discharge, 

9 WWTP utilizing membrane bioreactor technology shall be used to provide tertiary I 

of project wastewater. 

A11 effluent produced by the WWTF will be treated to Title 22 standards for the u 

water. 

Within six months of the commencement of cans~ction, the Tribe will develop a c 

that outlines procedures that would be implemented immediately if the WWTP 

preclude any environmental contamination from occurring. 

The Tribe will implement the recommendations contained in the Site Grading, St 

and Erosion ControI Plan, which is contained in Appendlx J of the REA. 

Hydrdlogy and Flooding 

The Tribe will work with appropriate Federal, State, and local agencies to comply with 

Flood Insurance Pragrarn. 

To avoid potentialIy significant impacts to the floodplain, and to reduce potentia1 flood 

measures contained in the Butte County FIood Hazard Prevention Ordinance (Ordinan 

contained in Article lV of the Butte County Code shall be substantially incorporate 

measures shall include, but not be limited to, the following: 

o Development shall not increase the water suriace elevation on neighboring 

shall not increase the water surface elevation of the base flood elevations 

for the 91+ acre smdv area rrfmcd to in the REAL more than on^ foot at 

to construction, a regstered professional enginec~ shall certify that the p 

methods of construction comply with these standards. 

Q All electrical, heating, ventilation, plumbing, and air conditioning equ 

service facilities shall be designed andor located to prevent water 

accumulating within those components during flaod conditions. 

o The lowest floor elevation of new structures and attendant utility and 

shall be elevated a minimum of one foot above the regulatory flaod ele 

proofed so that below the regulatory flood elevation the structure is 

impermeable to the passage of water, and shall have strucmral c 

resisting hydrostatic and hydrodynamic loads and effects of buoy 

ofstructures, the elevation of the Iowest floor, or proper flood-pr 

by a registaed engineer or surveyor. 

o New water and sewer systems shall be constructed to eliminate 

floodwaters into systems, and discharge from systems into flo 

site waste disposal systems shall be designed and located to av 

contamination from them during flooding. 

o Constmction materials and utility equipment that are resi 

used for the gaming facility. 
o Construction methods and practices that minimize flood damage will be: incorpcrated 

the gaming facility. 

o All structures will be designed or anchored to prevent flotation, collapse, 

movement of the structure or portions of the structure due to flooding. 

into 

or lateral 

Air duality 

To minimize the emission of pollutants and impacts to air quality during construction p 

gbming facility, the constmction contractor shall be required to implement the followin 

measures (as recommended by the Butte County Air Quality Control Manage 

(RCAQMD)) for the duration of the construction operations: 

o Water shall be applied by means of truck(s), hoses, andor sprinklers as n 

any land clearing or earth movement to minimize dust emission. 

o Haul vehicles transporting soil into or out of the property shall be covered. 

o A water truck shall be on site at all times. Water shall be applied to dis 

minimum of 2 times per day or more as necessary. 

o On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. 

o A publicly visible sign shall be posted with the telephone number and p 

regarding dust complaints. This person shall respond and take corrective 

hours. 

o All visibly dry d~sturbed soil surface areas of operation shall be watered 

emission. 

o Existing roads and streets adjacent to the project will be cleaned at le 

unless conditions warrant a greater frequency. 

o All visibly dry disturbed unpaved roads and surface areas of operation s 

minimize dust emission. 

o Unpaved roads may be graveled to reduce dust emissions. 

o Haul roads shall be sprayed down at the end of the work shift to fom 

application of water shall be in addition to the minimum rate of application. 

o Vehicles entering or exiting construction areas shall travel at a speed 

dust emissions. 

Q Construction workers shall park in designated parking areas(s) to 

emissions. 

o Soil pile surfaces shall be moistened if dust is being emitted from the pi 

secured tarps, plastic or other material may be required to further reduc 

Public transportation service to the gaming facility shall be provided at frequent in 

has authorized a one-time expenditure of $50,000 to assist in estabIishing public 

gaming operation, An annuaI expenditure of $5,000 has also been authorized to 

transportation service. 

* The Tribe shall provide at least two transit shelters with benches and at least one bus turnout. 

* The Tribe shall ensure that buses wiIl compIy with the California Air Reso 

Toxic Control Measure to Limit Diesel-Fueled Commercial Motor VehicIe Id1 

Regulatians, Title 13, Division 3, Article 1, Chapter 10, Section 2485) which 

of any diesel bus not idle for more than 5 minutes at any Iocation, except fo 

prior to passenger boarding, or when passengers are on board. 

The Tribe will use energy-eficient lighting and process systems such as w 

boilcr units. 

* The Tribe wiIl use fleet vehicles that use clean-burning fuel as may be practicable. 

The Tribe shalI incorporate shade trees, adequate in number and propo 

tht-oughout the project site to reduce building heating and cooling requirements. 
ological Resources 

A bridge shall be installed which spans the vernal pool located near the entrance of 

tl-[ereby eliminating direct impacts to wctlands, vernal pools, and endangered fairy 

fcatures associated with the construction of the bridge shall be located outside the bo 

identified wetland areas. BMPs shall be employed to avoid impacts to the area fro 

related activittes. 

Should installation of a bridge not be possible due to failure to obtain construction ap 

the applicant's good faith effort to obtain such approvals) or some other bamer to co 

beyond the Tribe's control, the Tribe shall seek to obtain mitigation for the loss of v 

conducive to the species (Rranchinecta lynchi and Lepidum-us packardiz7 at a U 

Corps of Engineers-approved mitigation bank. Thc 0.035 acres of impacts to verna 

bk mitigated according to a revised biological opinion issued by the WSFWS. 

Indirect impacts to vernal pools or seasonal wetland features within 250 feet of con 

bc subject to the provisions of the biological opinion issued by the USFWS WA 

conservation measures identified by the USFWS must be implemented prior to 

activities. These measures include: compensatory mitigation for habitat Ioss (2: 1 

of vernal pool habitat, or preservation of vernal pool habitat (3:I j ratio at 

approved by the USFWS; seasonal restrictions on construction, protective fenc 

education programs, bialogcal monitoring and repading fur activities within 2 

crustacean habjtat, and implementation of BWs to prevent the accidental refe 

fuel, oil, or other materials associated with construction activities into sensitive habitats. 

The Sacramento USFWS and BIA shall be notified within three working days 

dead federally-listed species or any unanticipated harm to the species addre 

opinion as well as any other federally-listed species not authorized in the biologcal opinion 

If construction activities are to occur during the nesting season (apptoxi 

September), pre-construction surveys for nesting Cooper's hawk, white-taile 

species shall be conducted by a qualified biologist within 500 feet of the prop 

If active nests are identified in these areas, the USFWS shall be consulted to develop m 

avoid "take" of active nests prior to the initiation of any construction activities. Avoidance 

may include the establishment of buffers and biological monitoring. 

A pre-constnrction survey for burrowing owls shall be conducted by a quaIi 

30 days immediately prior to construction activities to establish the statu 

project site. If ground-distwbing activities are delayed or suspended for rn 

pre-construction survey, the site shall be resurveyed. If burrowing 

approximately 500 feet of the proposed project site, the USFWS shal 

measures to avold '"take" of this species pnor to the initiation of 

Avoidance measures may include seasonal restrictions on construction, 

compensatory mitigation for impacts to active burraw sites, and b 

A 200-foot "no disturbance" buffer shall be maintained along C1 

habitat) during project construction. Temporary fencing shall be install 

prior to any constmction, and remain in place until all construction 

completed. An on-site biological monitor shall be present durin 

activities associated with the proposed project within the 200-foot 

measure is not feasible, the USFWS shall be consulted to devel 

"take" of the giant garter snake. All conservation measures 

1 he Tribe shall establish a development pattern that encourages pedestrian and bicyc 

providing paths and building access which are physically separated from street and parking 

and that eliminates physical barriers such as walls, berms, landscaping, and slopes that impeie 

of pedestrian or bicycle facilities, or public transportation vehicles. 

e use by 

ot traffic, 

the use 
Temporary fencing shall be installed around areas of wetland habitat to remain undis 

shall be located as fas as feasible from the edge of wetland habitats and install 

construction. Fencing shall remain in pIace until all construction activities on th 

completed. 

Staging areas shall be located at least 250 feet away from wetland habitats that are 

Temporary stockpiling of excavated or imported material shall occur only in appr 

stagrng areas. Excess excavated soil shall be used on site or disposed of at a region 

approptlate facility. Stockpiles that are to remain on the site through the we 

protected to prevent erosion (e,g, with silt fences or straw bales). 

Standard precautions shall be employed by the construction contractor to 

release of disturbed soils, fuel, oil, lubricant, or other potentially hazardous m 

construction activities into wetland habitats. All workers shall be informed of the i 

preventing spills and appropriate measures to take, should a spill occur. A contaminan 

program shall be developed and implemented in the event of release of ha 

spills of hazardous materials shall be cleaned up immediately. Such spills 

post-construction compliance reports. 

implemented. Measures may include compensatory mitigation for habitat loss, seasonal 

on construction, protective fencing and signs, worker education programs, biologrcal monilgring 

reporting, and implementation of BMPs lo prevent the accidental release of disturbed soils, 

or other materials associated with construction activities into sensitive habitats. 

* To mlnimize the potential effects of lighting on listed species, reflectors directing lighting 

irlstalled on all exterior lighting, low intensity halogen bulbs shall be used, and all lightin!: 

less than ar equal to full moon intensity 100 feet outside of the project site. 

A Department of the Army permit shall be obta~ned from the U.S. Army Corps of Engineers, 

required wetland mitigation credits shall be purchased from an approved wetlands mitiga 

prior to the: discharge of any dredged or filI material within jurisdictional waters of the U.S. 

&direct impacts to wetlands and vernal pool crustacean habitat shall be mitigated as prescribed 

biological opinion issued by the USFWS. 

Construction activities occursing within wetland areas shall be conducted during the dry 

minimize the potential for erosion. 

rt:strictions 

and 

fuel, oil, 

shall be 

shall be 

and any 

.ion bank 

by the 

{eason to 

~ultujal Resources 

Prior to the stasE of consfnction, a set of engineering drawings shall be provided to 

archaeologist designated by the Tribe. The senior archaeologist, in consultation with 

monitor, will then determine if areas exist where construction work will require rnanitor~llg. 

information will then be provided to the job superintendent or foreperson, who will 

responsible for notifying the monitors 24 hours in advance of work being performed 

requiring monitoring. 

Inmthe event of discovery of significant archaeological resources, the BTA will follow the 

cdnceming unanticipated discoveries on tribal lands as set forth under 36 CFR 6 800.13(r), 

a senior 

the Tribal 

This 

then be 

in areas 

r1:gulation 

before 

land disturbing activities in the area of discovery will be allowed to resume. 

The Tribe shall include the following requirement in construction contract specificajons 

construction activities on the site: 

o In the event that any prehistoric, historic, or paleontological resources are 

during construction-related earth-moving activities, a11 work within 50 icet 

resources shall be halted and the Tribe shall consult with a qualified archaerlogist 

paleontologst and the BIA Regional Archaeologst to assess the significance of 

If any find is determined to be significant by the qualified archaeolopst 

Regional Archaeologst, then representatives from the Tribe, the qualified 

for 

discovered 

of the 

or 

the find. 

ind BIA 

archaeologist 
andlor paleontologist, and BIA Regional Archaeologist will meet to dete 

appropriate course for action. 

IF human remains arc discovered or suspected, work shall halt in that area and procedures 

the Natlve American Graves Protection and Repatriation Act (25 USC 3001 et seq.) shall 

Socioeconomic Conditions 

The Tribe has agreed to make a $25,000 annual contribution to a fund addressing 

pathological gambling. 

Brochures, pamphlets, videos and other materials promoting responsible gambling, 

ltne at the proposed casino, will be developed and made available to patrons. 

Exclusion, self-exclusion, and self-limitation policies wiIl be instituted. 

All employees will be trained on the issue of probZem gambling, incIuding education 

problem gambling, how to recognize such behavior and resources avaiIable to help 

Underage gambling will be strictly prohibited, by requesting identification of 

dilsplayingJadvertising legal age to gamble, heightening awareness of 

bringing children so the proposed casino, and working with 

organizations to raise awareness of problem gambling. 

The Tribe shall enact an ordinance creating a standard 

designated-driver programs. As part of this policy, the 

servlng alcohol shaIl undergo Responsible Beverage 

mining." RRST educates mangers, servers and 

avoid illegally selIing alcohol to underage 

decrease the number of illegal alcohol 

education programs. Information 

/ o The importance of checking age identification of customers who appear to be i)nder age 

o How to refuse sales to individuals who may supply alcohol to underage youth. 

o How to identify intoxicated customs. 

o Haw to refuse service to underage youth and intoxicated customers. 

The Tribe has agreed to contribute $25,000 annually to alcohol awareness programs. 

While the final amount aped upon may differ, the Tribe has authorized an annual 

$351,000 and a onc-time expenditure of $50,000 for law enforcement services. 

While the final amount agreed-upon may differ, the Tribe has authorized an annual 

$168,000 and n one-time expenditure of $100,000 for fire protection and 

ssrvices. 

30. 

o Row to identify fake IDS and what to do once a fake ID is confiscated. 

o Row to recognize situations in which adults are buyng alcohol for underage you 

I. Transpartahon Networks 

* The access driveway will include two inbound lanes and one outbound lane to minimize affic on 

@enshaw Road. 

The foIlowng intersections shall be temporarily signalized until the completion of the Cal ans SR149 improvements (unless Caltrans does not recommend signalization due to conflicts th their 

construction plans): SR-1491Shippee Road, SR- 149/SR-99, and SR- 1491SR-70. 

All improvements, temporary and otherwise, shall be coordinated to the maximum extent possible 

with the Caltranns SR- I49 improvement project. I 

h. 
!L permanent, new signal shall be at the location of the realigned Shippee Road 

idtersection, with associated geometric improvements on the Openshaw approach of th 

to accommodate casino traffic. The east leg of Shippee Road connecting to Openshaw 

stop-contruled with one lane in the eastbound direction and with a left-shared-through 

lane in the westbound direction. 

If project timelines for the Caltrans SR-149 andlor SR-99 improvements are coincid 

proposed project, the Tribe will be responsible for obtaining environmental approval 

the added cost for the signal improvements. If the timelincs do not coinc~de, Caltrans 

signal project through the standard encroachment process as a separate project. 

The Tnbe shall continue to work with Caltrans to develop a MOU that will ad 

implementatian. 

The Tribe has authorized a one-time expenditure of $756,000 for signal 

improvements. It has also agreed to an annual expenditure of $25,000 for County 

Casino-related improvements along SR-149 shall be closcly coordinated with t 

improvement project, as required by Cattrans. Casino-reIated improvements 

of the traffic management plan or construction phasing for the SR-149 impro 

required, will be thc financial responsibility of the Tribe, 

The Tribe shall work with Butte Regional Transit to allow a transit st~p an 

the casino. Serving the project site would require a small route deviation 

transit agency's ab~lity to manage their current service area in a timely 

Transit does not wish to provide bus service, the Tribe shall sponsor sh 

population centers to reduce automobiIe traffic to the casino. Preferenti 

shall be provided at the project site to encourage ridesharing by patrons and employees. 

It ;is recommended that an additional lane be added to the southbomd ap 

The casino shall provide for the expected fair share of the costs of 

necessary as noted below based on the Caltrans ' Guide for the Preparat 

I o WidenSR-70southafSR-149. Thecasinoshouldcontrib 

the widening in each direction, 

, 

o Widen SR-70 north of SR-149. The casino should contribute two percent 

the widening in the westbound direction and three percent for widening in the 

direction. 

o Widen SR-99 north of SR-149. Thc casino should contribute two percent of 

the widening in each direction. 

o Widen SR-99 soufh of SR-149. The caslno shouId contribute six percent of the c 

widening in each direction. 

e Tribe shalI provide for a fair share to the following traffic improvements on SR-99: 

o Extending the deceleration length of the SR-99 northbound Durham Pentz Road 

to 215 feet. 

o Extending the acceleration length of the SR-99 northbound Durham Pentz Road 

to 420 feet. 

o Extending the acceleration length of the SR-99 southbound Durham Pentz Road 

to 400 feet. 

The barrier rails on the Openshaw Road Dry Creek Bridge shall be improved and guardrails 

(and safety rails upgraded where present along Openshaw Road between the project site ant. 

149/Shippee Road interscctian), according to current applicable standards, to maximize traf-ic 

during operation. 

Signage should be placed to alert northbound and southbound Openshaw Road drivcrs that 

over Dry Creek is a narrow bridge. 

off-ramp 

on-ramp 

on-ramp 

installed 

the SRsafety 

t-le bridge 
I 

+ To avoid the SR-1491SR-70 intersection, trucks traveling to the borrow pit from the psoj 

turn right from the SR-I49lShippee Road intersection onto SR- 149; they shall then tu 

SR-149/SR-99 intersection, and continue north to Durham Pentz Road; they shall then 

Durham Pentz road and continue along Durham Pentz Road to Pen@ Raad; they shall 

at Pentz Road and then right at SR-70; finally they shall turn right onto Wheelock Road. 

Construction of an access to the site from a temporary right-inlout driveway off of SR 

place during construction, if possible. This would require a temporary access ea 

ehcroachment permit from CaItrans as well as design of the access. Construction tra 

to the terns of the Calbns encroachment pmit in using this access. The access sho 

for overweightroversize vehicles that cannot use the Dry Creek Bridge. All ot 

vehicles Bould use the Shippee Road access. 

The pavement on Openshaw Road from the project site to the SR-149/Shippee 

should be overlaid during project construction but prim to the public opening of th 

if the road has not already been overlaid by Caltrans at that time. 

conshuction traffic management plan should be prepared in consuftation with 

Blutte County to ensure construction hfftc is managed efficiently with as little i 

and roadways as pomble, without disturbing the timely constnrction of the pt 

construction traffic management plan should be implemented for the dusat 

project's constmction. The plan should include provisions for training consm 

drivers. Construction material importation should be scheduled outside of th 

peak hours. Debris along the truck route caused by trucks should be m 

roadways cleaned as necessary. 

* The Tribe shall provide flagging and associated trafic controls when necess 

the California Highway Patrol (CHP), Caltrans, and the Butte County Sheriff' 

I. Publia Senrlces 

The Tribe shall provide compensation for the incremental cost of providing 

transportation, and other services to the gaming facility. The Tribe shall enter into a nego 

each servjce provider on an individual basis to determine levels and conditions for co 

mitigation. 

The gaming facility's sir conditioning and refrigeration systems shall utilize refrigerants 

use in California. The facility shall use high-efficiency chillers. 

The air handling systems shall utilize outside air economizer cycles to take advanta 

cooling when the outside air temperatwe is below 5YF. 

The gaming facility building shall be equipped with st direct digital energy managem 

system to perform energy conservation measures such as optimum stadstop, du 

demand limiting. This management system will insure that the gaming facility m 

usage. 

The gaming facility shall comply with the intent of energy buiIding slandards with 

Code of Regulations, Title 24, Part 6e. 

The final design of the gaming facility shall consider solar orientation for energy 

extent practicable. 

Security personnel shall be sworn officers of the Tribal Government, and he trained 

with speciali~xd training in gaming facility security. 

All surveiIlance officers shall be fully trained in observation and report writing. 

Security officers shall be trained in basic first aid, cardiopulmonary resuscitatio 

scrvice. 

+ The Tribe shall also make arrangements with the Butte County Sheriffs Dep 

local jurisdictional agencies to coordinate the handling of criminal investigati 

over of criminal suspects. 
An appropriately sized water storage tank equipped for emergency fire flows shall be co 

maintained by the Tribe. 

A11 Uniform Fire Code requirements shall be incorporated into the design and op 

gaming facility. 

Construction equipment and power tools shall be equipped with spark arrestors, as 

niaintained in goad working order. 

Staging areas, welding areas, or areas slated for development using spark-producing 

be cleared of dried vegetation or other materials that could serve as fire fuel. To the ex 

the contractor shall keep these areas clear of combustible materials in order to maintain a 

Casino security personnel and other employees will receive first aid training, to inch 

of an automatic external defihlIator (AED). An AED will be kept in the gaming facility. 

Construction wastc shall be recycled to the extent practicable by diverting pn wast 

bidding materials from the solid waste stream. 

Ehvironmentally preferable materials shall be acquired to the extent practicable for 

facilities. 

The Tribe shaI1 adopt public health standards for the handling of food and beverages. 

phit inspection of the food and beverage facilities by the lndian Health Service, 

inspectors. 

The Tribe shall submit water samples for routing testing and permit inspection of th 

facility by Federal, Statc or County inspectass. 

The Tribe will adopt a solid waste management plan that addrcsscs recycling 

reduction at the site. 

I 

I 

Trained security staff shall be provided to address security issues within the gaming facility 

operating hours. All security guards shall cq two-way radios to respond to 

emergency-related calls. 

All parking areas shall be well lit and monitored by parked andtor roving security guards a: 

during operation. 

* Areas surrounding the gaming facility shall be well lit and patrolled regularly by security gu 

The Tribe shall provide traffic controI with appropriate signage and the presence of peak-hour 

cbntrol staff. 

Visud Resources I 

during 

back-up and 

all times 

3rd~. 

trafic 

i Noise 

Thc construction contractor shall be required to muffle and shield intakes and exhaust on co struction 

equipment in accordance with the manufacturer's specifications, and shroud and shield impa t tools. f 

Signage will be designed to reflect and accentuate the natural elements of the project. 

The gaming facility shall be designed in a manner that compEiments the natural landsc 

design of the gaming facility and all on-site parking shaU bc generally consistent wi.h 

standards set forth in the Butte County Zoning Ordinance. 

Signage for the proposed project shall not conflict with appIicable County, State o.- 

requirements in place at the time for signs along a State highway. 

Downcast Iighting fixtures and low-pressure sodium bulbs shall be utilized so that nighttime 

for the parlung areas shines only on the parking areas, and not surrounding areas. 

Hazardous Materials 

If contaminated soil, groundwater, or other suspected contamination is 

constmction, work shall be halted in the affected area and the type and extent of the 

shaIl be determined. A qualified professional, in consultation with appropriate 

.pe. The 

design 

Federal 

lighting 
I 

shalI then develop an appropriate method to remediate the cantammation. If neces 

shall implement a remediation plan in conjunction with continued project construction. 

The Tribe shall develop, implement. and review annually a hazardous materials and h 

minimization program to determine if additional opportunities for hazardous matenals 

waste minimization are feasible, for both construction and operation of the gaming facility. 

* Personnel shall follow written standard operating procedures (SOPS) for filling 

constmction equlpmmt and vehicles. The SOPS, which are designed to reduce 

incidents involving hazardous materials, shall include the following: 

o Refueling shall be conducted only with approved pumps, hoses, and nozzles. 

o Catch-pans shall be placed under equipment to catch potential spills duri 

a All disconnected hoses shall be placed in containers to collect residual 

o VehicIe engines shall be shut down during refuelmg. 

o No smoking, open flames, or welding shall be allowed in refueling or s 

o Refueling shall be performed away from bodies of wata to pseven 

water in the event of a Ieak or spill. 

o Service trucks shall be provlded with fire extinguishers and spill cone 

such as absorbents. 

o Should a spill contaminate soil, the soil shall be put into containers 

accordance with Iocal, State, and Federal regulations. 

a All containers used to store halrardous materials shall be inspected at 

for signs of leaking or failure. A11 maintenance and refueling area 

monthly. Results of inspections shalI be recorded in a logbook that 

on site. 

e amount of hazardous materials used in conshuction and operation of the ga 

consistently kept at the lowest volumes needed. 

The least toxic material capable of achieving the intended result shall consis 

ektenl: practicable. 

The contractor shall be requested to avoid and minimize the use of haza 

construction to the fullest extent practicable. 

The use of pesticides and toxic chemicals shall be minimized to thc gre 

landscaping, or less-toxic alternatives shall be utilized. 

All personnel who handle herbicides or pesticides will be trained in safe h 

hazardous materials. 

I 

In addition to the RMPs and mitigation measures detailed in the REA, the following BMPs and 

measures have been added in responses to corrtmmts on the REA: 

nk construction plans are finalized, the Tribe will coordinate with Pacific Gas & Electric 

detmine the exact modifications to utilities that will be necessary to sme the project. 

The Tribe will coordinate with PG&B and the California Department of Health Services 

information an the possible or perceived risks af electromagnetic field exposure are readily 

to employees and patrons. 

Final design calculations and construction drawings and drainage plans will be providcd tc 

far review prior to construction. 

As necessary and consistent with the federal Safe Drinking Water Act, appropriate treatment 

shall be employed to treat the water to State potable watm quality standards. 

@ The WWTP will be staffed with operators who are qualified to operate the plant safely, 

and in compliance with all perm~t requirements and regulations. The operators sf 

qualifications similar to those required by the State Water Resources Control Board 

Certification Program for municipal wastewater treatment plants. This program specific!; 

(IVG&E) to 

to ensure 

available 

Calkins 

methods 

ef:eectively, 

all have 

Operator 

that for 
I 

tertiary level wastewater treatment plants with design capacities of 1.0 MGD or less, the 

operator must be a Grade LZI operator. Supervisors and Shift Supervisors must be Grade 

An Operations and Maintenance Program will be followed by the plant operators. 

preparedness will include all appropriate measures, including a high level of redundancy 

systems. Monitoring of discharge shall be in accordance with the National Pollut 

Elimination System (NPDES) permit issued by the EPA. This monitoring will 

continuous and grab monitoring of various parameters. 

A new water well location is proposed that provides further separation between wa 

wastewater treatment facilities (see Decision Package Attachment B). 

The foIlowing additional air quality BMPs will be implemented during project co 

Attachment D): use aqueous diesel fuel, use cooled exhaust gas recirculation, and 

transport workers to retail estabf ishments at Iunc h. 

A11 parking lots will be landscaped. 

The Tribe will prcpare a list of hazardous materials used at thc site and a Spill Preven 

Countermeasure (SPCC) Plan for submission to the Butte County Environmental Hea 

The USFWS and NIGC NEPA CornpIiance Officer for his project will be conta 

working days of the finding of any dead federally-listed species or any unantic 

species addressed in the biological opinion as well as any other federally-listed sp 

in the biolog~cal opinion. 

The BLA and NIGC NEPA Compliance Officers will be notified which area 

require archaeolapcal monitoring during construction. 

The NIGC NEPA Compliance Officer will be contacted in the event of 

contamination be encountered during project comtmction. 

To ensure that native plants are indeed used wherever feasible, the landsc 

Project shall be planned in consultation with the California Native Plant S 

introduction of invasive species, which would impact the surrounding envi 

hvasive Plant Council shall also be consulted on the specific list of pIants 

landscaping. 

The ~~IGc makes the following findings which support this FONSI: 1 

1. Federal and state agencies and the public were involved in 

related to the Proposed Action. The REA contains a list of agencies, 

individuals that were contacted (see REA Section 6.0, "Consultation and 

Alternative courses of action were developed in response to environmental concerns 

related to the proposed action (see REA Sections 2.0, "Alternatives" and 5.0, " 

Measures"). The REA discloses the environmental consequences of the Proposed 

Alfernativc On-site Location Alternative, and the No-Action Alternative (see REA 

"Environmental Consequences"). The REA assesses compliance of the 

applicable environmental mandates, and includes information that supports 

significant impact. 

I 

3.1 The REA describes mitigation measures that will be implemented to protect th: 

environment (see REA Section 5.0, "Mitigation Measures"). The measures are 

above. The REA describes pmimng processes and other enforceable mechanisms tl 

place to ensure that the Tribe completes mitigation measures to protect key resources 

Sections 4.0, "Environmental Consequences" and 5 -0, "Mitigation Measures'". 

15 

human 

sur~rnarir~d 

at are in 

(see REA 
DETERMINATIONS I 

The &A provides a sound basis for evaluating the environmental impacts of the Tribe's dev 

construction, and operation of a gaming facility on the proposed site. 

After1 careful and thorough consideration of the facts contained herein, the undersigned find that the 

propdsed federal action is consistent with existing national environmental policies and objecti es as set 

forth 1 in Section 10 1 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. t 

Envi>Dnrnenlal ~ssecrment and FONSI reviewed and recommended by. 

Date