Finding of No Si~nificant Impact 

Proposed Iowa Tribe Casino Project, Lincoln County, Oklahoma 

AGE~CY Nati onaP Indian Gaming Commission 

ACTI~N Finding of No Significant Impact 

The ~bwa Tribe of Oklahoma has submitted an application to the National Indian Gaming Commission 

(NIGC) for the approval of a management agreement between affiliate entities of the Iowa Tribe of 

Oklalloma and Lakes Entertainment (Lakes) for the development, construction, and operation of a casino 

en allbttee/fxibal trust land. The proposed garning facility is to be developed on two parcels constituting 

approximately 73 acres of tribal trust land, with associated parking and other non-gaming development to 

take @lace on approximately 95 acres of land to be held in fee by the Iowa Tribe of Oklahoma. The 

propohed site is locatcd approximately 5 miles west of Chandler on State Highway 66 (SHGG), Lincoln 

~ounb, Oklahoma. 

A Dr a ft Environmental Assessment (EA), dated February 2007, was prepared in compliance with the 

requiiements of the National Environmental Policy Act of 1969, as amended (NEPA) (42 USC 4321 et 

seq.) or the approval of a management agreement that proposes to develop a gaming operation. The 

Draft .A was published and circulated for public comment from February 8"' through March 9'", 2007. A 

publi I meeting was held on February 13~, 2007 (during the public comment period) whereby comments 

were received and analyzed. A Final EA, dated March 2007, was preparcd for the MGC's decision in 

conndction with the request for approval of a management agreement. The Final EA includes public 

corndents and responses to public comments (Appendix N). 

The a GC is the federal agency charged with regulating gaming on Indian lands, as mandated by the 

lndiarl Gaming Regulatory Act (IGRk) and serves as the lead agency for NE:PA compliance for the 

propoked project. As part of its regulatory authority under IGR4, the NTGC reviews and approves all 

management agreements between Indian tribes and outside management companies. The NIGC's 

decision regarding the Iowa Tribe of Oklahoma Management Agreement with Lakes is a federa1 action 

subject to NEPA. The Final EA and this Finding of No Significant Impact (FONST) fulfill the 

requirements of NEPA as set out in the Council on Environmental Quality (CEQ) ReguIations for 

ImpJernenting 3EPA (40 CFR Parts E 500-1 508) and the NIGC's NEPA procedures, 

Natio h al Indian Gaming commission 

NEP~ Compliance Officer 

I441 "L" Street NW, Suite 9 100 

~ashln~ton, DC20005 

(202) 632-7003 

e II inal EA and FONSI will be available to tJx public at the following locations for a period of 30 

calmbar days: 
Chandler Public Library 

1 02 1 Manvel Avenue 

Chandler, OMahoma 

National Indian Gaming Commission 

1441 "L" Street NW, Suite 9 100 

washington, DC 20005 

I 

DESCJRTPTION OF TW, PROPOSED PROJECT 

oposed gaming facility will be developed on an approximately 170-acre site Iocated approximately 

5 miles west of Chandler on State Highway 66, Lincoln County, Oklahoma. The fooprint of the 

buildtngs will total approximately 6 acres. Parking areas and paved surfaces encompass another 

estimated 20 acres. The remainder of the 130-acre site will consist of landscaping and open space. The 

propased project includes the gaming facility, hotel morns, an administration building, and a special events 

center. The gaming facility, upon completion of all phases, will have an estimated 2,500 compacted slot 

machines, 50 table games, a 20-table poker room, 6 restaurants, and a "KidsQuest" child care center and 

arcade. On-site parking will accommodate approximately 2,500 automobiles and 50 buses/recreational 

vehicles (RVs). 

Acce 1 s to the project site will be directly from State Highway GG with three entrance ways entering the 

southh side of the facility, each exclusively serving the casino facility. Potable water for the facility 

would be obtained from Lincoln County Rural Wafer District #3 @WD #3), which has an 8" underground 

supply line on the north side of SH 66, with a sumly water pressure of 90 - 100 psi. Wastewater service 

for the proposed casino facility will be provided by the City of Chandler or via construction and operation 

of an onsite wastewater treatment facility. 

i 

The &oposed project will have a beneficial econornic impact for the Iowa Tribc of OkIahoma. Benefits 

to th Iowa Tribe and its individual members will result from employment opportunities at the proposed 

facili 1 and an improved quantity and quality of social services made available by the government of the 

Iowa ~nbe of Oklahoma as a result of the proceeds generated from the proposed project. 

See I ppendix B (Solicitation Letters and Agency Responses) of the Final EAlFONSI for a list of 

agencies contacted. Preparation of the EA includcd consultation with the OkIahoma Turnpike Authority, 

Federal Aviation Administration (FAA), National Park Service (NPS), United States Army Corps of 

Enginleers (ACOE), Department of the Interior (DOI), United States Fish and Wildlife Service (USFWS), 

Oklahoma Water Resources Board (OWRB), Lincoln County Floodplain Administrator, Bureau of Land 

Management (BLM), Federal Highway Administration (FHWA), Oklahoma Archeoiogcal Survey 

(OAS), Oklahoma Consmation Commission, City of Chandler, Oklahoma Historical Society (OHS), 

Oklahoma Department of Wildlife Conservation (ODWC), and the City of WelEston. 

Copi d s of the Drafi EA were made available for public review at the Chandler Public Library. The public 

comment period extended from February 8 - March 9, 2007. A public workshop was held on February 

13, 2007, from 600 p,m, to 8:00 p.m, in the City ITaIl Council Chamber Room, 414 Manvel Avenue, 

Chandler, Oklahoma. Oral comments submitted at the public meeting and written comments submitted 

during the pu3lic comment period are included in the Final Ed (see Appendix N of the Final EA). 

Responses to comments are also listed in Appendix N of the F~nal EA. 
SUMMARY OF IMPACTS AND MITIGATION ISSUES 

The NEC;C hereby accepts the proposed mitigation measures described in Section 6 of the final EA for 

areas where impacts occur. The following is a summary of those measures, 

Cons b. ction activities that expose soils shall incorporate best management practices (BMPs) to prevent 

erosion and the loss of soils. 

Wate! Availability 

The fl acility will obtain water hm Lincoln County RWD #3 (see "Will Serve" letter in Appendix C 

of the Final EA). 

Stor I Water 

The $rib~ribal Environmental Coordinator and/or Construction Roject Manager will coordinate with the 

Lincoln County Floodplain Administrator to ensure that any construction within the floodplain will 

comply with the applicable National Flood Insurance Program regulations to avoid negative impacts to 

adjacent poperties, Based on the above, there will be no environmental consequences to the floodplain 

areas on the site. 

The d onstmction contractor will develop and implement a Starrn Water Pollution Prevention Program 

(S~PP) as required to be in compliance with the National Pollutant Discharge Elimination System 

(NPDES) general permit for stom water discharge. This permit aIso requires the submittal of a Notice of 

Intent (NOQ to the U.S. Environmental Protection Agency For to the beginning construction. Both the 

Iowa ribe of Oklahoma and the consfmction contractor will submit their NO1 to the W.S. Environmental 

Prote F tion Agency Repon 6 at least 7 days prim to beginning construction. Water quality control 

measores ident~fied in the SWPPP shall include, but are not Ijmited to the following: 

~eetidn 404 of the Clean Water Act (CWA) of 1972 regulates the discharge of dredged or fill rnateial 

into Waters of the United States. As indicated in ACOH correspondence dated February 27, 2006, any 

construction which requires placement of dredged or filI material into jurisdictional wetlandslwaterways 

requirts Section 404 permitting to ensure there are no unmitigated significant impacts to wetland 

resources. 

a Existing vegetation shall be retained where reasonably possible. To the extent feasible, grading 

activities shall be Iimited to the immediate area required for construction. 

Temporary erosion control measures (such as silt fences, staked straw bales, and temporary 

revegetation) shall be employed for disturbed areas. 

A spill prevention plan shall be developed which will identify proper storage, collection, and 

disposal measures for potential polIutants (such ZL~ fuel storage tanks) used onsite. 
Representatives of thc Tribe have met with the Tulsa, OK district ACOE to present site development 

plans and discuss any requirements for the: project. Based on the previous delineation, which was 

accepted by the ACOE, the project will only result in temporary impact to the jurisdictional waterways 

and, consequently, not require any mitigation measures. Therefore, based on the criteria stated in Section 

4.3.4 and 5.3.4 of the Final EA, the ACOE has required only a Nationwide 14 Permit (M 14 - Linear 

Transportation Discharge) for the proposed project. No mitigation measures are necessary. The NWP 14 

permit has be~n issued by the ACOE and the cover letter for it is included in the documentation in 

Appendix E of the Final EA. 

The dci1it-y will obtain water fom Lincoln County RWD #3; therefore, the facility will not have any 

effects on groundwater supply in the area. In addition, because of the depth to groundwater and site 

geology, neither the construction nor operation of the proposed facility will have any adverse effects on 

the groundwater quality in the area. 

RIOT 1 OGlFCAL RESOURCES 

Base d on ~nvestigation and consultation with USFWS, no habitat suitable for the federally listed 

endarlgered, threatened, or candidate species of Lincoln County is present at the Project Site. 

Furthermore, no adverse affects to the federally listed endangered, threatened, or candidate species of 

Lincoln County are expected during construction of the facility. A copy of the investigation findings in 

included in Appendix F of the Final EA. 

 WAS^ MANAGEMENT 

All cm d nstructian waste generated during construction of the facility and solid waste generated during 

operation of the facility will be properly disposed in an approved landfiI1. No other mitigation is required. 

isting pipeline, which dissects the proposed facility, wilI be relocated by the awnerloperator, with 

the eltisting pipeline removed, pigged and plugged, or a combination of the two options pending ODOT, 

OCC,' FERC and Tribal approval. Any contamination discovered during removal: activities will result in 

approbriate removal or remediation. 

Dud areas, as identified in the Phase I Environmmtal Site Assessment (EM) prepared by The Benham 

Comdanies, dated September 2005 (Appendix M), will be properly removed and disposed of during 

consttuction. No hazardous materials or petroleum products are anticipated. However, if petroleum 

products or hazardous substances are identified during the removal process, additional investigation will 

be conducted to determine the extent of any contamination and the U.S. EPA will be contacted to 

determine the appropriate response. 

No dchaeological sites were identified on the property. No structures on the National Regsfer of 

Historic Places (NRHP) or eligible for the NRHP are located on the property. One cultural resource, 

referenced as a possible small famiIy cemetery, is located within the project area. 

As delwnstrated by the project footprint map in Appendix H of the Final EA, the proposed Project design 

would avoid the referenced cemetery by incorporating a 10 foot buffer zone. However, should 
consSruction activities expose buried archaeoIogica1 materials such as chipped stone tools, pottery, bone, 

historic crockery, glass, metal items or building materials, construction activtties will cease and the OAS, 

the Tribe, NIGC, and BIA will be contacted immediately for consuEtation purposes. 

TRAFFIC 

~ased upon traffic volume projections and operational analysis of the proposed facility traffic, several 

roadway improvements are being undertaken. (Appendix J contains the details of each roadway 

improvement). 

Thcs d improvements are warranted for Phase I development, and no separate improvements would be 

required for the combined Phases I and 11. Although no improvements are required to the 1-44 ramps, the 

facility is working in cooperation with the Oklahoma Transportation Authority to assist with and expedite 

the improvement of the westbound on-ramp to Oklahoma City, which c~mtly passes through a 

McDonald's parking Iot. Potential abatement measures may include the construction of barriers, planting 

of vegetation, w management of traffic via modified speed limits or traffic control devkes, as determined 

to be feasible and reasonable. 

The d roposed project is located in an area that is in attainment for all federal and state air quality 

standhrds. To reduce the impacts of fugitive dust on nearby residents during construction activities, the 

construction contractor will: (1) provide frequent watering of the construction site, (2) cover haul bucks, 

(3) limit truck speeds on un~aved surfaces, and (4) confine clearing, grading, and leveling lo those areas 

where such disturbance is necessary for the Proposed Action. 

As inbicated in Section 3.4 of the Final EA, the facility's operations will be exempt from Oklahoma and 

Federal air permitting. The facility will not engage in any open burning, will operate any gas-burning 

equipment so as to not increase opacity above 20%, and will not engage in activities which would 

produce fugtive dust. 

A mike analysis was completed that cornplies with the Oklahoma Department of Transportation's Policy 

Directive Highway Noise Abatement and Federal Highway Administration Regulation 23 CFR 772. A 

copy of the complete noise analysis is included as Appendix K of the Final EA. The purpose of the noise 

analykis was to determine the noise impacts from the increased traffic levels associated with the proposed 

facility. Noise impacts were determined by modeling future noise levels associated with the project's 

futwq traffic volumes, and comphg these levels with the existing noise levels and the noise abatement 

critda established in 23 CFR 772. 

No 1 1 dBA Leq increases in traffic noise levels were predicted for the study area. Two (2) residences 

were predicted to experience a future traffic noise impact, as indicated in Figure 5 of the Final EA. The 

residence near the northwest corner of the proposed facility site and the immediately surrounding property 

is being purchased by the Tribe, and the resident would relocate in another area away from the proposed 

facility. Thus, thc only residence which may experience a future traffic noise impact (approximately 

66dB) is the residence just south of SH 66 and southwest of the proposed facility. However, this 

residence is apparently vacant and does not appear to be habitable. 
Construction Noise 

To reduce the effect of construction noise, the consim~tion contractor shall be required to limit 

construction activities that require the use of heavy equipment to the hours of 7:00 a.m. to 7:00 p.m., 

Monday through Friday, and 9:00 a.m. to 5:OO p.m., on Saturdays and Sundays. The construction 

contractor shall also be required to muffle and shield intakes and exhaust on construction equipmcnt per 

the manufacturer's specifications and shroud and shield impact tools. 

~~cdalation Noise 

I To reduce the effect of project operations on existing residences, the Iowa Tribe shall limit truck 

loading/unloading activities to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. 

to 5:00 p.m. on Saturdays and Sundays. The casino building shall also be insulated with standard sound 

muffling materials to reduce offsite noise emanating from the casino. 

SOC~OECONO~~C CONDITIONS 

conskction and operation of the facility will benefit the socioeconomics of the Tribe and the 

surrounding communities. It is estimated that the construction phase will create 500 to 700 jobs, and 

constivction and equipment will cast an estimated $90 million. Facility operations will require from 

1,000 to 1,200 payroll positions and generate an anticipated annual pay011 of $42.5 million. 

Additionally, operation of the facility will require the purchase of goods and services, which is estimated 

to total $27.7 million annually. These purchases are anticipated to create new sales for businesses in the 

community, which would also cause a kneficial rippIe effect on the Iacal economy. The increase in 

taxes ,and revenue would stimulate the local economy. 

No a h verse environmental impacts are anticipated from the facility on the population of the community, 

regardless of race, ethnicity or income, h fact, the facility is expected to especially benefit low income, 

unemployed and under-employed individuals of all ethnic backgrounds, especially American Indians, and 

particularly Iowa TribaI members. Many of the jobs that would be created at the facility would be 

suitable for unskilled individuals unable to currently enter the labor market. Training programs would be 

made, available to all employees regardless of ethnic background. As indicated previously, a significant I number of construction-related jobs and training opportunities would be made available to local residents 

and trrbal members. 

Adeq?ate watcr, waste water, solid waste service, and utilities are available to service the facility with no 

cumulative impacts to neighboring areas. The law enforcement and fire protection agreements discussed 

below will ensure that the facility can be serviced withna reduction of service to other dependent entities. 

Polic b 

prim& law enforcement services will be provided by the Iowa Tribe of Oklahoma Public Safety 

Department. A cross-deputization agreement with the Lincoln County Sheriffs Department will ensure 

that additional law enforcement services from Lincoln County wiIl be made available as necessary. A 

copy of the cross-deputization agreement is included in Appendix C of the Final EA. Therefore, the 

facilib will have sufficient law enforcement. 
~nm$ fire protection services will be provided by the Iowa Tribe of Oklahoma Public Safety 

Department. An on-site afice will be maintained and staffed with fire-fighting personnel. Additionally, 

the Tribe has a Mutual Aid agreement (See Appendix C) with the City of Chandler to provide additional 

fire-fighting services as necessary. 

Emc J gency Services 

primdry EMS will be provided by the City of Chandler EMS Department. A "will serve" letter 

commithng this mutual aid is incIuded in Appendix C of the Final EA. Therefore, the facility will have 

sufficient EMS service. 

The ~GC makes thc following findings which support this FONSI: 

1 1 Federal and state agencies and the public were involved in identifying environmental issues 

related to the Proposed Action. The Final EA contains a list of agencies, tribal governments and 

individuals that were contacted (see Fmal EA Appendix B, "Solicitation Letters and Agency 

Responses"). The Final EA also contains responses to specific comments and describes revisions 

to the Draft EA in response to comments (see Final, EA Appendix N). 

21 Alternative courses of action were developed in response to environmental concerns and issues 

related to the proposed action (see Final EA Section 2.0, "Proposed Action and AItemativcs") 

The EA discloses the environmental consequences of the proposed action and the no-action 

alternative (see Final EA Section 4.0, "Environmental Consequences"). The EA assesses 

compliance of the alternatives with appIicabIe environmental mandates, and includes information 

that supports a finding of no significant impact. 

41 The EA finds that the proposed action will not jeopardize federally listed threatened or 

endangered species because such species do not occur on the proposed site (see Final EA Section 1 4.5). 

3. 

5 1 The EA finds that the proposed action is in compliance with the National Historic Preservation 1 Act. The Oklahoma State Historic Preservation Oficer (SWPO) issued a determination of "no 

, historic properties affected" for the proposed project. One identified cultural resource site (family 

gavesite) was identified within the general project area, but this archaeological site is located 

outside the footprint of construction for the proposed project (see Final EA Section 4.6, "Cultural 

Resources"). If undiscovered cultural resources are encountered during project grounddisturbing 

activities, work shall be halted in the area of the discovery and the artifact(s) shall be 

professionally evaluated. 

The EA describes mitigation measures that will be implemented to protect the human 

environment [see Section 6.0, "Mitigation Measures"). The measures are surnrnari7~d above. 

The EA describes permitting processes and other enforceable mechanisms that are in place to 

ensure that the Iowa Tribe compIetes mitigation measures to protect key resources. 
6. The EA finds that the impacts on public health and safety will not be significant. In regard to 

traffic impacts, the EA finds based upon traffic volume projections and operational analysis of the 

proposed facilily traffic, several roadway improvements are being undertaken (Appendix J 

contains the details of each roadway improvement)(see Final EA Section 4.9, "Traffic"). The EA 

also finds that the proposed action is in compliance with the Clean Air Act and the National 

Ambient Air Quality Standards (NAAQS)(see Final EA Section 3.4, “Air Quality"). The 

proposed action will be in an area in attainment status for all EPA criteria pollutants. The EA also 

describes mitigation of water quaIity impacts enforceable through EPA and ACOE permitting 

processes. 

The EA finds that the proposed project will not require the use groundwater, so no impact to 

groundwater supply is expected (see Final EA Section 4.3, "Water Resources"). The project site 

is within the 100-year floodplain (see Final EA Section 4.3.2, "Flaodplains"); however, the 

project will result in no net fill within the floodplain as indicated by Figure 4 of the Final EA. 

'fierefore, no loss of floodplain capacity is expected m the area of the project and no 

environmenta1 consequence is anticipated with regard to floodplain. 

81. The EA analyzes the cumulative impacts for the proposed action and finds that they will not be 

significant (see Find EA Section 5.0, 'Tumulative Effects"). 

Thc EA finds that the proposed action wilI improve the economic and social conditions of the 

Iowa Tribe of Oklahoma by meeting the purpose and need for the action identified in Final EA 

Section 1.3. The EA also finds that the proposed action will benefit the local economy by 

creating jobs and increasing focal spending, The EA finds that the proposed achm 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 Final EA 

4.8). 

The ~GC has independently evaluated the idomation and analysis in the EA. 

The 1 arch 2007 Final EA provides a sound basis for evaIuating the environmental impacts of the Iowa 

of Oklahoma's develapmcnt, construction, and operation of a gcdmng facility on the proposed site. 

After careful and thorough consideration of the facts contained herein, the undersigned finds that the 

propdsed 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 

signi 1- lcantly affect the quality of the human environment or otherwise include any condition requiring 

consultation pursuant to Section 102(2)(c) of NEPA. 
Environrnenlal Assessment and FONSI reviewed and recommended by: 

T// NJGC NEP 'ompliance 0 rcer 

Date