BUREAU OF INDIAN AFFAIRS - PUBLIC HEARING DRAFT ENVIRONMENTAL IMPACT - PowerPoint PPT Presentation

BUREAU OF INDIAN AFFAIRS - PUBLIC HEARING DRAFT ENVIRONMENTAL IMPACT STATEMENT Little River Band of Ottawa Indians Trust Acquisition and Casino Project DECEMBER 12, 2018 @ 6:00 P.M. Lead Agency: U.S. Department of the Interior, Bureau of Indian Affairs, Midwest Region, Norman Point II Building 5600 W. American Boulevard, Suite 500 Bloomington, MN 55347

Purpose of Hearing  To obtain public comments and feedback on the Draft Environmental Impact Statement (Draft EIS) prepared for the Little River Band of Ottawa Indians Trust Acquisition and Casino Project (Proposed Project)  Public feedback and input is integral part of the NEPA Review Process

Proposed Action/Proposed Project  Little River Band has submitted applications to the BIA requesting: Trust acquisition of 60-acre Proposed Fee-to-Trust 1) Property in the Fruitport Township Issuance of a 2-part determination by the Secretary of the 2) Interior making site eligible for gaming in accordance with IGRA  Tribe subsequently proposes to develop the site with:  Casino  Hotel  Multi-Purpose Entertainment Center  Associated parking and infrastructure

Muskegon Site  86.5 acres owned by the Tribe  Site currently contains a former racetrack, parking lots, and open space  Located in Fruitport Township, at the northeast intersection of South Harvey Street and Ellis Road, south of Interstate 96  Zoned by Township as “Shopping Center”  26.5 acres to remain owned by Tribe and still subject to Fruitport Township regulations and zoning (non-gaming portion of project site)  60 acres proposed to be held in trust by BIA for purposes of gaming

Custer Site  45 acres within an approximately 1,087-acre property currently held in trust for the Tribe  Site is currently undeveloped and adjacent to rural residential and agricultural land  Located within the Custer Township in Mason County 5

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NEPA and Proposed Federal Actions  NEPA requires federal agencies to take into account the environmental impact of federal actions and projects prior to implementation  Environmental Impact Statement – required for major federal actions significantly impacting the quality of the environment  In this case, the proposed major federal actions requested by the Little River Band are: Trust acquisition of Proposed Fee-to-Trust 1) Property 2) Issuance of a 2-part determination by the Secretary of the Interior

Public Comment Period / EIS FLOWCHART Hearing • Public invited to identify potential issues, alternatives, and impacts to Notice of Intent assess in the EIS to prepare EIS Analysis of Public • Notice placed in Federal Register and Comments newspapers that BIA intends to prepare an EIS • Formulation of responses to comments Scoping Final EIS • Identification of potential issues, • Notice of Availability placed in Federal alternatives, and impacts to be Register and newspapers assessed in the EIS Draft EIS Record of Decision (ROD) • Notice of Availability placed in Federal Register and Newspapers

Dates for Little River Band EIS Process Notice of Intent and Scoping  Notice of Intent (NOI): September 21, 2015  Scoping Comment Period: September 21, 2015 – October 21, 2015  Public Scoping Hearing: October 15, 2015  Scoping Report published: February 2016 Draft EIS  Environmental Protection Agency Federal Register Notice of Availability (NOA): November 23, 2018  DEIS Comment Period: November 23, 2018 – January 7, 2019  Public Hearing: December 12, 2018 We are here Final EIS  Issue Final EIS: available for minimum 30-day waiting period  Includes responses to substantive comments on Draft EIS Record of Decision (public statement of agency decision) 9

Draft EIS Outline  Addresses the following related to the Proposed Action/Proposed Project:  Section 1: Introduction / Purpose and Need  Section 2: Description of Proposed Action and Alternatives  Section 3: Affected Environment/Existing Conditions  Section 4: Environmental Consequences of Considered Alternatives  Direct, Indirect, and Cumulative Impacts  Section 5: Mitigation Measures

Purpose and Need for Proposed Action  Facilitate tribal self-sufficiency, self- determination; and economic development  Satisfy Department’s land acquisition policy as articulated in 25 C.F.R. Part 151  Satisfy the principle goal of Indian Gaming Regulatory Act as articulated in 25 U.S.C § 2701 11

Draft EIS Alternatives  Alternative A – Proposed Project  Alternative B – Reduced Intensity Alternative  Alternative C – Non-Gaming Alternative  Alternative D –Custer Site Alternative  Alternative E – No Action 12

Alternative A – Proposed Project  Development of Muskegon Site with:  149,069 square-foot casino  220-room hotel  dining facilities, multi-purpose entertainment center, parking, and supporting facilities  Approximately 1,201 new full-time equivalent employees within Muskegon County  Public Utilities:  Water Supply - Option 1: Connect to Township’s existing water infrastructure; Option 2: Connect to on-site groundwater wells  Wastewater – Option 1: Connect to Township’s existing sewer line; Option 2: Construct package treatment facility 13

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Rendering

Alternative B – Reduced Intensity Alternative  Development on Muskegon Site with:  120,000 square-foot casino  dining facilities, parking and supporting facilities  Approximately 818 new full-time equivalent employees within Muskegon County  Public Utilities:  Water Supply – Similar to Alternative A  Wastewater – Similar to Alternative A 16

Site plan

Alternative C – Non-Gaming Alternative  Development on Muskegon Site with:  175,000 square-feet of retail facilities  parking and supporting facilities  Approximately 261 new full-time equivalent employees within Muskegon County  Public Utilities:  Water Supply – Similar to Alternative A  Wastewater – Similar to Alternative A 18

Site plan

Alternative D – Custer Site Alternative  Development of Custer Site with:  77,810 square-foot casino  parking, and supporting facilities  Approximately 279 new full-time equivalent employees within Mason County  Public Utilities:  Water Supply - Option 1: Connect to City of Scottville’s existing water infrastructure; Option 2: Connect to on- site groundwater wells  Wastewater – Option 1: Connect to City of Scottville’s existing sewer line; Option 2: Construct package treatment facility 20

Site plan

Issues Analyzed within the Draft EIS  Geology and Soils  Land Use  Water Resources  Public Services  Air Quality and  Noise Greenhouse Gases  Hazardous Materials  Biological Resources  Aesthetics  Cultural Resources  Cumulative Effects  Socioeconomic  Indirect Effects Conditions  Mitigation Measures  Transportation and Circulation 22

Draft EIS BMPs and Mitigation Measures  Geology and Soils  Comply with NPDES Construction General Permit for all disturbed sites, includes preparing a SWPPP  Water Resources  Adjust landscape irrigation per weather conditions  Limit fertilizer use  Test on-site groundwater if using on-site wells  Air Quality  Implement dust control BMPs  Implement measures to reduce CAP, GHG, and DPM emissions during construction and operation

Draft EIS BMPs and Mitigation Measures  Biological Resources  Conduct pre-construction surveys for migratory birds and special status species and, if found, implement measures to avoid adverse effects.  Demolition of unoccupied structures and tree removal shall occur only between November and March to protect endangered bats.  Acquire USACE 404 Permit if developing in potential wetlands  Cultural and Paleontological Resources  Follow procedures for the inadvertent discovery archaeological or paleontological resources or human remains

Draft EIS BMPs and Mitigation Measures  Socioeconomics  Fund annual grant of $25,000 to Muskegon County Community Mental Health Department for treating gambling addiction.  Educate employees to recognize signs of problem gambling and train to provide information to those seeking help  Noise  Construction shall not be conducted between 11:00 pm and 7:00 pm  All engine powered equipment shall be equipped with mufflers  Loud stationary equipment shall be located as far away from residential areas as feasible  All generators shall be provided with enclosures 25

Draft EIS BMPs and Mitigation Measures  Transportation  Prepare a traffic control plan for construction  Make fair-share payments to improve impacted intersections  Offer to enter into an agreement to optimize bus routes and timing  Hazardous Materials  Follow BMPs for filling and servicing construction equipment and vehicles  Follow BMPS for handling and storage of potentially hazardous materials  Stop work if contaminated groundwater is encountered and follow USEPA guidance on sampling and remediation.