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:

1)

Trust acquisition of 60-acre Proposed Fee-to-Trust Property in the Fruitport Township

2)

Issuance of a 2-part determination by the Secretary of the 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

• pen space

 Located in Fruitport Township, at the northeast

intersection of South Harvey Street and Ellis Road, south

• f 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

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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:

1)

Trust acquisition of Proposed Fee-to-Trust Property

2) Issuance of a 2-part determination by the

Secretary of the Interior

Notice of Intent to prepare EIS

• Notice placed in Federal Register and

newspapers that BIA intends to prepare an EIS

Scoping

• Identification of potential issues,

alternatives, and impacts to be assessed in the EIS

Draft EIS

• Notice of Availability placed in Federal

Register and Newspapers

Public Comment Period / Hearing

• Public invited to identify potential

issues, alternatives, and impacts to assess in the EIS

Analysis of Public Comments

• Formulation of responses to

comments

Final EIS

• Notice of Availability placed in Federal

Register and newspapers

Record of Decision (ROD)

EIS FLOWCHART

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)

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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

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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

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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

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Site plan

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

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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

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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

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Site plan

Issues Analyzed within the Draft EIS

• Geology and Soils
• Water Resources
• Air Quality and

Greenhouse Gases

• Biological Resources
• Cultural Resources
• Socioeconomic

Conditions

• Transportation and

Circulation

• Land Use
• Public Services
• Noise
• Hazardous Materials
• Aesthetics
• Cumulative Effects
• Indirect Effects
• Mitigation Measures

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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

 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

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

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 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.

Draft EIS BMPs and Mitigation Measures

 Public Services

 Make recurring and non-recurring payments to

Township for service and capital upgrades pursuant to existing Municipal Services Agreement

 Aesthetics

 Use shielding for all outdoor lighting so as to ensure it is

downcast

 Use timers so as to limit lighting to necessary times  Use non-reflective low-glare glass on building exteriors  Incorporate screening features and natural elements

into landscaping design

 Placement of lights on buildings shall be designed so as

to not cast light or glare off site

Draft EIS BMPs and Mitigation Measures

Public Review of DEIS

 The DEIS is available for review at:

 BIA Midwest Regional Office

5600 West American Blvd Ste 500 Bloomington, MN 55437

 Fruitport Public Library

47 Park St Fruitport, MI 49415

 www.LittleRiverEIS.com

Next Steps – Final EIS and ROD

 All comments due to BIA by January 7, 2019  After public review/comment period on Draft EIS has

closed, BIA will prepare Final EIS

 Respond to comments on Draft EIS  Revised Draft EIS

 Final EIS will be made available to public for review  At least 30 days after publication of Final EIS, BIA may

issue Record of Decision (ROD) that includes decision

• n whether or not to approve the Proposed Action

 ROD marks the end of NEPA process

BIA Contact Information

You may mail or hand carry written comments to: Timothy LaPointe, Regional Director Bureau of Indian Affairs, Midwest Region 5600 West American Blvd Ste 500 Bloomington, MN 55437 You may email comments to: Felix Kitto, Regional Environmental Protection Specialist Bureau of Indian Affairs, Midwest Region E-mail: felix.kitto@bia.gov Email Subject: “Draft EIS Comments, Little River Band Trust Acquisition and Casino Project For further information contact: Felix Kitto, Regional Environmental Protection Specialist Bureau of Indian Affairs, Midwest Region 5600 West American Blvd Ste 500 Bloomington, MN 55437 Phone: (612) 725-4597 E-mail: felix.kitto@bia.gov

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