NOTICE OF FINDING OF NO SIGNIFICANT IMPACT
PROPOSED LUMMI NATION CASINO PROJECT

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

SUMMARY:

The Lummi Indian Nation of Washington (Tribe) has submitted a request to the NIGC for the
approval of a management agreement between the Tribe and Merit Washington LLC to
construct and operate a Class II and III gaming facility on existing tribal trust land.

The proposed 27,883 square foot gaming and entertainment facility is to be developed on a
15.422 acre site within the Lummi Indian 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 Tribe/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:

As there were no comments received during the 30 day public comment period for the project
Draft Environmental Assessment (EA), the Final EA for the project is unchanged from the
Draft EA. This FONSI will be distributed to all persons and agencies on the initial Draft EA
mailing list. Copies of the Final EA are available upon request at the following address.

Lummi Indian Business Council
2616 Kwina Road,
Bellingham, WA 98225

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 Washington through a State/Tribe Gaming Compact approved by the
Governor and the Secretary of the Interior.

DESCRIPTION OF THE PROPOSED PROJECT:

The Lummi Nation Casino and Entertainment center will be a 27,883 square foot facility on a
15.422 acre site located in Whatcom County at the southeast corner of the Slater Road and
Haxton Way intersection. The facility will contain a 9,713 square-foot gaming area, a 2, 451
square-foot 24-hour restaurant, a 422 square-foot bakery/deli, a 1,829 square-foot
bar/entertainment lounge and 13,468 square-feet of support and administrative facilities.
Adjacent parking areas will provide 551 spaces.



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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 impact declared wetlands but these
impacts will be properly mitigated according to the terms of an Army Corp of Engineers Permit
for construction of the project. 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 ( Table 6.7 Summary of Mitigation
Measures) 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 signing of this FONSI makes construction and operation of the
gaming facility contingent upon implementation of these mitigation measures.

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 the Lummi Indian
Business Council and Merit Washington LLC, 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.

Dvvohaed a

Montie R. Deer, Chairman
National Indian Gaming Commission

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