Kaw Nation Fee-To-Trust and Section 20 Determination for 21.25 Acres Near Braman, Oklahoma

Final Environmental Assessment

KAW NATION FEE-TO-TRUST AND SECTION 20 DETERMINATION FOR 21.25 ACRES NEAR BRAMAN, OKLAHOMA

October, 2008

Lead Agency: U.S. Department of the Interior Bureau Indian Affairs W.C.D Office Complex PO Box 368 Anadarko, OK 73005

Final Environmental Assessment

KAW NATION FEE-TO-TRUST AND SECTION 20 DETERMINATION FOR 21.25 ACRES NEAR BRAMAN, OKLAHOMA

October, 2008

Lead Agency: U.S. Department of the Interior Bureau Indian Affairs W.C.D Office Complex PO Box 368 Anadarko, OK 73005

Prepared by:

Kaw Nation Environmental Department Drawer 50 Kaw City, OK 74641 580-269-2552 Fax 580-269-2368 www.kawnation.com

Braman Environmental Assessment Table of Contents Page Acronyms iv SECTION 1.0 Introduction………………………………………………………………..1 Background………………………………………………………………..3 History of Kaw Nation Land Tenure……………………………………...4 Setting / Location ………………………………………………………….6 Environmental Review Process……………………………………………9 Scoping…………………………………………………………………...10 Regulatory Permits and Approvals……………………………………….12 SECTION 2.0 Proposed Action and Alternatives………………………………………..13 Alternative 1: Kanza Travel Plaza Only (Trust-only Designation)………17 Alternative 2: Travel Plaza and Gaming Facility………………………...18 Alternative 3: Kanza Travel Plaza Without Trust Designation…………..22 Alternative Eliminated from Further Consideration……………………...23 Comparison of Proposed Alternatives……………………………………23 SECTION 3.0 Description of the Affected Environment……………………………….28 Land Resources………………………………………………………….28 Water Resources…………………………………………………………32 Air Quality……………………………………………………………….36 Noise……………………………………………………………………..40 Underground Storage Tanks……………………………………………..40 Biological Resources……………………………………………………..41 Cultural Resources……………………………………………………….43 Employment, Economy, and Welfare……………………………………43 Transportation……………………………………………………………47 Solid Waste Service……………………………………………………...48 SECTION 4.0 Environment Consequences……………………………………………...50 Alternative 1: Kanza Travel Plaza Only…………………………………50 Alternative 2: Travel Plaza and Gaming Facility………………………...57 Comparison………………………………………………………………76 SECTION 5.0 Cumulative Affects………………………………………………………80 Land Resources…………………………………………………………..81 Water Resources…………………………………………………………81 Air Quality……………………………………………………………….82 Biological Resources……………………………………………………..83 Cultural Resources……………………………………………………….83 Socioeconomic Conditions / Environmental Justice……………………..83 Other Issues………………………………………………………………83 SECTION 6.0 Consultation, Coordination and list of Preparers………………………..85 Overview…………………………………………………………………85 Coordination……………………………………………………………..85 Preparers of EA………………………………………………………….86 SECTION 7.0 Bibliography…………………………………………………………….88

LIST OF FIGURES

1.1 Historic Kanza Lands Prior to 1825…………………………………………………….4 1.2 Kaw Nation’s Land History 1825-1906…………………………………………………5 1.3 Braman Oklahoma Location…………………………………………………………….7 1.4 Location of Proposed project in Kay County Oklahoma………………………………..8 1.5 Topographic Site Map Outlining Project Parcel………………………………………...9 2.1 Kanza Travel Plaza…………………………………………………………………….13 2.2 and 2.3 Enhanced Aerial Photographs…………………………………………………14 2.4 Braman Site Location with Travel Plaza and Gaming Facility………………………..20 3.1 Braman Topographic Map……………………………………………………………..29 3.2 USGS Oklahoma Earthquake Hazard Map……………………………………………30 3.3 Kay County Oklahoma 1967 Soil Survey Map………………………………………...31 3.4 Braman Area Flood Map………………………………………………………………36 3.5 Counties Designated Nonattainment…………………………………………………..38 3.6 2006 Traffic Data Kay County, OK……………………………………………………47 3.7 Current Traffic Data from Traffic Study………………………………………………48 3.8 Trash Compactor at Kanza Travel Plaza……………………………………....49 4.1 Braman Wastewater Treatment System……………………………………….60 4.2 2008 Combined Traffic………………………………………………………..73

LIST OF TABLES 2-1 Proposed Gaming Facility……………………………………………………………..19 2-2 Proposed Gaming Eligible Site………………………………………………………..21 2-3 Qualitative Comparison of Alternative Actions for Primary Issues…………………..23 3-1 Capability Classification of Norge Soil……………………………………………….32 3-2 State and National Air Quality Standards……………………………………………..37 3-3 Kay County NAAQS Attainment Status………………………………………………38 3-4 HUD Noise Standards…………………………………………………………………40 3-5 Local Population Statistics…………………………………………………….44 3-6 Area Unemployment…………………………………………………………………..45 3-7 Medical Health Services………………………………………………………………45 3-8 Solid Waste Breakdown for Existing Facilities at Braman Property………………….49 4-1 Water Usage and Wastewater………………………………………………………….51 4-2 Solid Waste Break Down of Alternative 1…………………………………………….57 4-3 Projected Traffic Intercept……………………………………………………………..71 4-4 Projected Site Generated Traffic Volumes…………………………………………….72 4-5 Traffic Capacity Analysis Summer…………………………………………………….73 4-6 Solid Waste Break Down of Alternative 2……………………………………………..75 4-7 Quantitative Comparison of Alternative Actions………………………………………76

APPENDICES

Appendix A Legal Description and Maps Appendix B Gaming Market Assessment Appendix C Comments Appendix D Kaw Nation Biological Assessment Appendix E EDR Report Appendix F Kaw Nation Archeological Report Appendix G Kaw Nation Utilities Data Appendix H Wastewater System Appendix I Underground Storage Tanks Inspection Report Appendix J Example Storm Water Pollution Protection Plan Appendix K Kaw Nation Section 20 Application Appendix L Traffic Impact Study; Kaw Nation Casino Braman, Oklahoma Appendix M Public Notice Appendix N Phase One Environmental Assessment Appendix O Braman Water Infrastructure Project Appendix P Air Quality Appendix Q Flood Map

iii

Acronyms

ACOE Army Corps of Engineers ALLD Automatic Line Leak Detectors ATG Automatic Tank Gauging BIA Bureau of Indian Affairs BIAM Bureau of Indian Affairs Manual CAA Clean Air Act CEO Chief Executive Officer CEQ Council on Environmental Quality CERCLIS Comprehensive Environmental Responses, Compensation, and Liability Information System CFR Code of Federal Regulations CSLD Continuous Statistical Leak Detection CWA Clean Water Act EA Environmental Assessment ESA Endangered Species Act EIS Environmental Impact Statement FPPA Farmland Protection Policy Act FEMA Federal Emergency Management Agency FWS Fish and Wildlife Service GPD Gallons per Day (gpd) GPR Ground Penetrating Radar HUD Housing and Urban Development ICDBG Indian Community Development Block Grant IGRA Indian Gaming Regulatory Act ITEC Intertribal Environmental Council KNED Kaw Nation Environmental Department KEDA Kaw Nation Economic Development Authority DNL/Ldn Day and Night Average Sound Level NAAQS National Ambient Air Quality Standard NEPA National Environmental Policy Act NHPO National Historical Preservation Office NOx Nitrogen Oxide NPDES National Pollution Discharge Elimination System NRCS Natural Resources Conservation Service ODEQ Oklahoma Department of Environmental Quality ORVR Onboard Refueling Vapor Recovery Equipment OWRB Oklahoma Water Resources Board PM10 Particulate Mater 10 micrometers or less ROG Reactive Organic Gases SAAQS State Ambient Air Quality Standard SDWA Safe Drinking Water Act SHPO State Historical Preservation Office SIR Statistical Inventory Reconciliation UST Underground Storage Tank VOC Volatile Organic Carbon

This Chapter summarizes the purpose of and need for the action and provides an overview of issues and concerns.

SECTION 1.0______Purpose of and Need for Action

1.1 Introduction

This Final Environmental Assessment was prepared to assist the Bureau of Indian Affairs in considering the environmental effects of the Kaw Nation’s proposal for the Bureau of Indian Affairs to take 21.25 acres of fee land currently owned by the Kaw Nation (also referenced herein as the Nation) into trust on behalf of the Nation. The Bureau of Indian Affairs (BIA) is the federal agency charged with reviewing and approving tribal applications to take land into federal trust status pursuant to Part 151 of Title 25 of the Code of Federal Regulations(CFR). For this project, the BIA is the lead agency under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et. seq.).

This Final Environmental Assessment (FEA) has been completed in accordance with NEPA, the Council on Environmental Quality’s Guidelines for Implementing NEPA (40 CFR 1500-1508); the BIA’s NEPA Handbook (59 BIAM 3-H), and 25 U.S.C. 2719 requirements (popularly referenced as a Section 20 determination) as reflected in the Bureau of Indian Affairs implementing regulations (25 CFR Part 292 as found in 73 Fed. Reg. 29375 et. seq., May 20, 2008). The FEA provides a detailed description of the Proposed Action and an analysis of the potential consequences associated with the Proposed Action. This FEA also includes a discussion and analysis of project alternatives, impact avoidance, and mitigation measures. The mitigation measures are incorporated into the Proposed Action.

The Braman Property. The 21.25 acres of land (also referred to as the parcel, the Braman property, or the project site) is adjacent to an Interstate 35 interchange approximately one mile northwest from the city of Braman. It is in an unincorporated portion of Kay County in rural north-central Oklahoma approximately four miles south of the Kansas border and is within the Kaw Nation’s service area. The land and structures on it were purchased by the Kaw Nation for its income and jobs potential in 1990. At the time of purchase, the structures included an operating travel plaza (diesel and gasoline refueling station) and a two-building, nineteen-unit motel with an adjacent restaurant catering to the traveling public. A new travel plaza building, which includes a refueling station and related restaurant and retail shop, was completed in 2001 and provides an annual profit for the Nation. The larger of the two motel buildings as well as its adjacent restaurant have since been closed and were removed in 2006; the smaller motel building with seven units and an office continue to operate; the office is also used currently as office space for the travel plaza. Figures 2.1 and 2.2 in the Proposed Action and Alternatives Section of this FEA provide photographs of the travel plaza and the parcel proposed to be taken into trust.

The Nation petitioned to have the land taken into trust in 1991, shortly after its acquisition. In 2004, the Kaw Nation submitted a revised petition to the Secretary of the Department of the Interior (Secretary) to take the land into trust for the further purpose of providing an opportunity to build a gaming facility on the property, which requires a Section 20 determination. Such a facility, if built, would be in the motel area on the northwestern portion of the Braman property.

The Nation plans to retain and continue operating the travel plaza at the northeastern portion of the property. Additionally, the Nation is installing a water tower at the far northwestern corner of the property which would serve facilities on the Braman tract and also benefit residents of the surrounding area. The U.S. Department of Housing and Urban Development has provided a matching grant to the Nation for that purpose and the engineering design work is nearing completion. The water tower is expected to be completed and be in service by the winter of 2009-2010.

Scope of the Proposed Project. A market assessment for a gaming facility has been completed, but the tribe has not contracted for a specific gaming facility design pending the Secretary’s decision on taking the land into trust for the Nation. For that reason, this environmental assessment has been prepared using a hypothetical gaming facility sized to comport with the results of the market assessment for the size of clientele that would likely be attracted to a gaming facility at the Braman site. Based on the market data and an assumption that Kansas would not build a state-owned gaming facility south of Wichita, a gaming facility at the Braman tract, complete with offices, secure counting and surveillance space, a restaurant, and a gift shop, would be a one- to two-story structure with approximately 36,000 square feet of floor space. The building would be surrounded by landscaping and parking areas.

If Kansas does build a gaming facility, it is likely that the market would not support a Kaw gaming facility in the Braman area as large as that hypothesized above and the plans would have to be scaled down. The larger facility has been used for the primary analysis in this FEA, however, because it reflects the size of facility the Kaw Nation is considering building at the project site as well as the maximum environmental impacts that could reasonably be anticipated. A smaller facility would have lesser environmental effects. In either case, a gaming facility at the Braman property would not significantly affect the environment. If developed, a gaming facility at the site would be managed directly by the Kaw Nation’s Kaw Economic Development Authority (KEDA), which operates a somewhat larger gaming facility in Newkirk, Oklahoma offering bingo, card games, and electronic gaming machines.

Purpose and Need. The purpose and need for taking the property into federal trust and approving the development and management of a gaming program is to carry out the federal government’s trust responsibilities to the Tribe and to allow the Kaw Nation to develop enterprises to generate sustainable revenues and jobs that would in turn improve the long term economic conditions of the Nation and its members. Revenue generated from the economic development would be used to support social, educational, public safety, judicial and economic development programs for tribal members and the Nation. The proposed action would promote economic development and the self-governance capacity of the Kaw Nation to meet the needs of a fast growing tribal population through the development of the land. The land taken into trust would also partially compensate for the loss of reservation land in Oklahoma, virtually all of which was flooded by a reservoir built by the U.S. Army Corps of Engineers during the 1960s and 1970s, and sizeable previous aboriginal and reservation lands of the Nation in Kansas, Missouri, Iowa, and Nebraska that were lost through one-sided treaties and Congressional action.

Scope of This FEA. This FEA provides a detailed description of three proposed alternatives. Alternative one assumes the Department of the Interior takes the Braman property into trust for the Kaw Nation, but does not make a Section 20 determination allowing the property to be used for a gaming facility. Substantively, that would result in the Nation continuing to operate the existing travel plaza and small motel at the site and this result is examined for its environmental effects. Alternative two assumes that the Department of the Interior acts favorably on both the fee-to-trust petition and the Section 20 determination. This is the Proposed Action and Preferred

Alternative. Substantively, the Kaw Nation anticipates that it would build a gaming facility on the Braman property in addition to continuing to operate the travel plaza there; this result is also examined for its environmental effects. This FEA also briefly describes a No Action alternative, which assumes that the land is not taken into trust and therefore a gaming facility can not be constructed on the project site. In terms of environmental effects, this alternative is substantively the same as alternative one, so it is only briefly described in Section 2.

Supporting documents such as maps and figures are included as well key documents upon which the Nation relied in preparing this FEA. This includes the market study, traffic study, Section 20 petition, and contents of the Nation’s related application. Land resources, water resources, air quality and noise, underground storage tanks, biological resources including endangered species, cultural resources, employment and economic factors, transportation, waste disposal, and environmental justice were analyzed under each alternative. Detailed studies of such topics have been included in the appendices for reference, were appropriate.

1.2 Background

The Kaw Nation (formerly known as the Kanza, Kansa, or Kansas) is a federally-recognized Indian tribe headquartered in Kaw City, Kay County, Oklahoma in the north-central part of northern Oklahoma adjacent to the State of Kansas. The Nation’s Council House is located near Kaw Lake, a major Oklahoma recreational destination, which completely inundated the Nation’s reservation. There are 2,800 members listed on the roll of the Kaw Nation of which approximately 20% reside on or near the original Kanza Reservation in Oklahoma. According to data from the 2000 Census there are 3,621 Indian people living in Kay County. The Kaw Nation’s geographical service area consists of all of Kay County east of Interstate 35 except for a strip of land in the far southern portion of the county south of a line starting at the intersection of Interstate 35 with Old Highway 60 and running east to the Arkansas River.

The Kaw Nation is organized under the authority of the Oklahoma Indian Welfare Act of 1936. On July 31, 1990, the Kaw Nation adopted a new tribal constitution and bylaws, which were approved by the Secretary of the Interior on August 14, 1990. The governmental powers of the Nation are vested in the General Council, which is comprised of the enrolled members of the Kaw Nation who are over the age of 18. Pursuant to the Nation's Constitution, the bulk of the Nation's affairs are conducted by its Executive Council which consists of a Chairperson/CEO, Vice chairperson, Secretary, and four other members.

The Executive Council is elected by a majority vote of the General Council. Executive Council members serve staggered four-year terms of office. Since elections are held biennially, only three or four of the Executive Council positions are open in any given election. Interim vacancies are filled by special election. The Nation's judicial power is vested in its District and Supreme Courts, organized pursuant to the Nation’s Constitution. The executive functions of the Nation are primarily administered by the Chairman/CEO and Executive Council from the Nation's governmental headquarters.

The Nation employs approximately 100 tribal employees in its various governmental programs and departments, including: Police; Education; Social Services; Grants and Contracts; Environmental; Self-Governance; Housing Authority; Tribal Enrollment; Youth; Indian Child Welfare; and Emergency Management. Additionally, it operates a health clinic and pharmacy; a women’s health care program; a wellness center; a day care center; a youth program that includes summer and after school activities, mentoring and tutoring programs; a tribal scholarship program for university and technical school education; and programs to provide glasses, hearing aids, adult

3 education, and assistance with utility costs. These departments and programs primarily serve the Nation’s members residing in its statistical/service area with the Nation’s principal facilities being located in Kaw City and Newkirk. The Kaw Nation has operated under a Self-Governance Compact with the Department of the Interior since 1996.

The Kaw Nation conducts its economic activities through the Kaw Enterprise Development Authority (KEDA), which has over 300 employees. The Development Authority is a separate government agency chartered by the Nation and managed by a board of commissioners to acquire, develop and manage economic assets on behalf of the Nation. In addition to the travel plaza near Braman, the Enterprise Authority operates the Southwind Casino in Newkirk which offers electronic bingo and card games, a convenience store in Ponca City, a smoke shop in Ponca City, and a wholesale tobacco enterprise that distributes in both Oklahoma and Kansas. It also developed and owns Southwind Industrial, LLC, which markets industrial supplies and hoses and provides fluid transfer services. Profits from these activities fund the governmental programs described above such as the clinic, pharmacy and wellness center, the police department and the youth and seniors programs directly, through providing matching funds for grants, and through supplementing federal funds. KEDA profits also directly fund development of new enterprises and provide matching funds for economic development grants.

1.2.1 History of Kaw Nation Land Tenure

In the early 19th Century, the Kaw Nation (also Kanza or Kansa), also known as the People of the South Wind, controlled an area of approximately 25 million acres covering what is now the larger portion of Kansas and portions of northwest Missouri, southwest Iowa, and southeast and south- central Nebraska (see fig. 1-1). The Nation’s presence was so great that the State of Kansas was named for it.

Figure 1-1. Historic Kanza Lands Prior to 1825

The Kanza entered into a treaty with the United States in 1825, ceding 18,314,240 acres and leaving a reservation of 6,599,040 acres (fig. 1-2). In a second treaty in 1846, the Nation ceded an additional 2 million acres. That treaty allowed the President to conclude that the reservation lands contained insufficient timber resources to meet the Nation’s needs and to move the Nation

4 elsewhere. Such a determination was made by the Bureau of Indian Affairs and, in 1847, the Kanza were required to move to a new reservation of approximately 256,831 acres near present- day Council Grove, Kansas. Although the 1846 treaty guaranteed that the Council Grove lands were to be set aside for the exclusive use of the Kaw forever, pressure for further cessions ensued, resulting in a new treaty in 1859 with a reservation of 80,340 acres (fig. 1-2) subdivided into 40- acre plots assigned to individual tribal members. This action left the Kaw people in such a state of destitution that Congress had to authorize emergency funds to prevent outright starvation. Congress, in an action strongly opposed by Kaw Chief Allegawaho and most of his people, enacted legislation in 1872 requiring removal of the Kaw Nation from Kansas to a 100,137 acre site in what is now Kay County, Oklahoma (fig. 1-2).

Figure 1.2 Kaw Nation’s Land History 1825-1906

The Kaw Allotment Act of 1902 divided the Oklahoma reservation among surviving members, with minor carve-outs (approximately 100 acres) for a cemetery, townsite and school. Approximately 100 acres was retained as a reservation. By this point, the Kaw population had decreased significantly. Of an estimated total population of about 6,000 in the 1600s, the population in 1902 had dropped to 249 due primarily to disease and starvation. Among other diseases, the tribe went through at least 3 major smallpox epidemics in the 1800s. At its lowest point in the early 1900s, the tribe’s population had dropped to 187. At the time of allotment, most of the members of the Kaw Nation were destitute, which led to the rapid sell-off of the allotted land; none of the allotted land remains in trust today. The final blow to the Nation’s land base came when the U.S. Army Corps of Engineers constructed Kaw Dam. That project started in 1966 and inundated all the remaining tribal land when the flow of the Arkansas River was impounded in 1976. The tribal Council House, occupying 0.95 acres of the inundated townsite, was moved to another site and became the only remaining tribal land. By 1980, the Kaw Nation was virtually landless, leaving it with little capacity for economic development.

Since 1983, the Nation has endeavored to overcome its economically disadvantaged condition by acquiring various tracts of land through legislative action and purchases. To date, the Nation has managed to acquire several small tracts of land within its tribal government services area which covers a significant portion of Kay County, Oklahoma. In 1986, the Congress conveyed approximately 815 acres of the land on which the former Chilocco Indian School was situated to the Kaw Nation. The Nation purchased the Braman property in fee in 1990 and submitted its Part 151 application to have the land placed into trust the following year. That trust application remains pending with the Interior Department.

1.3 Setting / Location

The proposed project is located within the federally-designated Kaw Statistical/Service Area at exit 231 of Interstate Highway 35 in Braman, Oklahoma. Interstate 35 is a major north/south highway providing regional access and is an important truck freight route stretching from Laredo, Texas, to Duluth, Minnesota. It passes through the San Antonio, Austin, Dallas-Fort Worth, Oklahoma City, Wichita, Kansas City, Des Moines and Minneapolis metropolitan areas. It is considered a major route for “NAFTA” freight between Mexico, the U.S., and Canada. The Interstate 35 corridor in the vicinity of Braman is in a sparsely-populated area of farms and rangelands. The nearest commercial center is the town of Braman, approximately one mile from the property. The Kaw Travel Plaza is the only commercial development at the interchange, although there was once a refueling station on the southbound side of the interchange. The 25- mile area surrounding the Braman property is an area with declining population and employment opportunities; median household income in the Braman area is about $14,000 below the national average.

The project site is located in the Northeast Quarter and Northwest Quarter of Section 6, Township 28 North, Range 1 West of the Indian Meridian, Kay County, Oklahoma at latitude of 36° 56' 21.5 W, and longitude of 97°20' 40.99", N, which is approximately four miles south of the Oklahoma-Kansas border (Figures 1.3 and 1.4). A topographical site map outlining the project parcel is provided in Figure 1.5.

1.3.1 Legal Description

The Nation acquired the Braman property in fee simple by purchase on March 6, 1990 for the sum of six hundred and forty five thousand dollars ($645,000) as part of the Nation’s economic development initiative. The tract is located in the Northeast Quarter and Northwest Quarter, Range 1 West of the Indian Meridian, Kay County, and State of Oklahoma, more particularly described as:

Beginning at the Southeast corner of said Northwest Quarter of Section 6; thence West (on an assumed bearing) along the South line of said Northwest Quarter a distance of 430.4 feet to a point on the East right-of-way line of U.S. Interstate 35 (I-35); thence North 8°54' East along the East right-of-way line of I-35 a distance of 284.3 feet to a point; thence North 2°25' West along said East right-of-way line of I-35 a distance of 102 feet; thence North 8°54' East along said East right-of-way line of I-35 a distance of 745 feet; thence Northeasterly along a curve to the right, along the East right-of-way line of I- 35, having a radius of 2185.8 feet an arc length of 841 feet to a point on the East line of said Northwest Quarter; thence continuing Northeasterly along a curve to the right, along the East right-of-way line of I-35, having a radius of 2185.8 feet an arc length of 94.4 feet; thence North 33°26' East along said

East right-of-way line of I-35 a distance of 212.7 feet; thence North 63°26'East along said East right-of-way line of I-35 a distance of 295.7 feet; thence Southeasterly on a curve to the right, along the South right-of-way line of U.S. Highway 177. having a radius of 1809.9 feet an arc length of 452.3 feet; thence S66°17'E along the South right-of-way line of U.S Highway 177 a distance of 118.12 feet; thence S09°40'VV a distance of 381.45 feet; thence N82°20'W a distance of 897.46 feet to a point on the East line of said Northwest Quarter; thence South along the East line of said Northwest Quarter a distance of 1790.80 feet to the Point of Beginning. Said tract containing 21.25 acres more or less. Subject to all Easements and Rights of way of record (See Appendix A for additional maps). Highway 177 Braman, OK

Figure 1.3 Braman, Oklahoma Location

Kanza Travel Plaza

Figure 1.4: Location of Proposed Project in Kay County Oklahoma

Kanza Travel Plaza

Figure 1.5: Topographical Site Map

1.4 Environmental Review Process

The Kaw Nation has supplemented its Part 151 application (land-in-trust) for the Braman property with a Section 20 petition pursuant to IGRA, which, if granted, would allow the property to be used for gaming purposes. The BIA guidelines for Section 20 petitions require NEPA compliance, including the preparation of an Environmental Assessment (EA), and possibly the preparation of an Environmental Impact Statement if the EA reveals that the decision will have a significant impact on the environment. This Final Environmental Assessment satisfies the

9 threshold NEPA compliance requirement contained in the Department’s Section 20 guidelines.

The Nation has completed a market study to determine the economic feasibility of constructing a gaming facility at the Braman property and it has completed and submitted the Section 20 petition, but these activities constitute only the beginning phases of the development process. It should also be noted that the Nation did not initially anticipate utilizing the Braman property for gaming purposes when it submitted its Part 151 application seeking trust status for the property seventeen years ago. With enactment of the Oklahoma Tribal State Compact Act by the Oklahoma State Legislature in November, 2004, the Nation decided to explore the possibility of establishing a gaming facility at Braman. The market study concluded that a casino located at the Braman property would likely be profitable, whether or not the State of Kansas builds a gaming facility near Wichita, but the size of the market would depend heavily on the Kansas decision.

The data collected in the market study, when combined with certain site data, provide sufficient quantifiable information upon which to build a reliable conceptual model for use in preparing this FEA. The key fixed factor is the amount of land available for gaming development purposes given that the Nation plans to continue to operate the travel plaza, which it views as a complementary economic activity that will enhance the gaming operation by attracting travelers from the adjacent interstate highway. Based on the data compiled in its gaming market analysis, the Nation is confident that the site will readily accommodate a gaming operation of the size ideally suited to the prevailing market conditions. The facility itself would require less than one of the twenty-one acres, including the gaming floor, administrative offices, secure areas, restaurant, and gift shop. Less than five acres would be required to accommodate parking needs. A building of this size along with the parking lot would readily accommodate the estimated patronage which has been estimated to be approximately 298,000 to 631,000 patrons annually depending on whether a gaming operation is initiated by the State of Kansas in the vicinity of Wichita.

1.5 Scoping

An extensive effort has been made to notify all affected parties including tribal members, adjacent landowners, and residents of surrounding towns and communities of the proposed actions. This included notification to the cities of Braman, Ponca City, Newkirk and Blackwell about the Nation’s desire to seek a Section 20 determination making the property eligible for gaming purposes. In addition, the tribe has met with local and state officials, including the Governor’s staff and city councilors. Notices were placed in all local newspapers in the area, including the Ponca City News, Blackwell News, and Newkirk Harold Journal. Adjacent landowners were contacted both personally and by mail. Federal, State, and local government agencies were contacted to identify any environmental or social concerns that might impact on the welfare of the surrounding communities and the region generally.

The Kaw Nation worked in close cooperation with federal, state and other tribal governments in preparing this FEA, which substantively addresses three (3) alternative actions:

• Alternative 1 – Continue operation of the existing Kanza Travel Plaza and motel complex (the “Trust-only” Alternative), • Alternative 2 – Continue operation of the existing Kanza Travel Plaza and construct a gaming facility under a Section 20 determination (Proposed Action and Preferred Alternative), and • Alternative 3 – No decision taking the Braman property into trust, resulting in continued

operation of the existing Kanza Travel Plaza and motel complex. (No Action Alternative).

Relatively few written comments were received in response to the notices. However, a number of telephone calls were received, all of which were favorable to Alternative 2: the preferred or proposed action. The town of Braman provided written support for the Nation’s proposal to secure a determination that the site is eligible for use for gaming purposes. The Nation sent a letter to surrounding tribes to provide written comments if construction of a casino on the Braman site would adversely affect the surrounding environment (See Appendix M). The Tonkawa Tribe of Oklahoma who has land adjacent to the Braman site has responded favorably to the trust determination and construction of a gaming facility (Appendix C).

This FEA examines the proposed action and the alternatives for their impact on land resources, water resources, air quality and noise, underground storage tanks, biological resources including endangered species, cultural resources, employment and economic factors, transportation, waste disposal, and environmental justice. Particular attention was paid to water supply, wastewater, and transportation issues. No significant adverse environmental effects from the proposed action were identified or are anticipated. The potential adverse environmental impacts that have been identified are minimal and can be addressed with Best Management Practices within the project description and with mitigation measures proposed in this FEA.

Water Supply. The most substantial issue identified with the proposed action was the Nation’s concern over an adequate water supply at the Braman property. The water supply provided currently by the local water purveyor has occasionally been interrupted – usually by digging related to other utility work but also by an offsite break in the water line due to a flood in a nearby intermittent creek. Additionally, although there has never been a fire at the travel plaza, there is a concern that flow could be insufficient to contain a substantial fire if one were to ever occur. As a result, the Nation applied for and secured a matching grant from the Department of Housing and Urban Development for construction of a water tower on the property. The water tower will provide sufficient reserve capacity (approximately 500,000 gallons) to firm up water supplies not only for facilities that might be operated at the property but also to assist the local water utility company in firming up its service in the area and to facilitate refilling of fire trucks in case of fires in the surrounding rural area. Engineering design for the water tower is nearly complete and a contract for its construction is expected to be awarded during the winter of 2008- 2009. Construction of the water tower is expected to be completed during the winter of 2009.

Wastewater. A secondary concern was what to do with wastewater from a gaming facility. KEDA currently operates a three-lagoon wastewater treatment facility on the Braman property that treats wastewater from the travel plaza and the remainder of the motel operation. While there is substantial excess capacity at the treatment facility, it is likely that operation of a gaming facility at its maximum projected size would exceed that excess capacity. The town of Braman has provided assurance that its wastewater treatment facility has sufficient excess capacity to process an estimated additional 1.5- to 2-million gallons (up to five to six acre feet) of wastewater per year and is amenable to a hook-up from the Braman property. The Braman Waste Treatment Facility is about 1.5 miles from the Braman property and a pipeline from the property to the Braman Waste Treatment Facility presents no unusual problems. Additionally, both the Nation and Braman could expand their existing facilities. The Nation’s current view is that treating the excess wastewater at the Braman Waste Treatment Facility is likely to be the preferred approach, but will leave the final choice to be decided at a later date based on engineering and design studies if and when the Nation contracts for a definitive design for a gaming facility.

Traffic. Additionally, potential traffic impacts were explored through a traffic study. That study concluded that all intersections “would be expected to easily handle the additional traffic expected to be generated by [a] new casino, at very high levels-of-service with no additional offsite improvements necessary.” (Traffic Engineering Consultants at 8 (2008), (Appendix L).

1.6 Regulatory Permits and Approvals

The following direct federal approvals and actions would occur as a result of the Proposed Action:

• Transfer of the property into federal trust by the Secretary of the Interior for the Nation, and • Grant of an exemption by the Secretary under 25 USC § 2719(b)(1)(A) that would allow the Braman property, once in trust status, to subsequently be used for the purpose of operating a gaming facility under the Indian Gaming Regulatory Act.

Additionally, if the above approvals are granted by the Secretary and the Kaw Nation decides to construct a gaming facility on the Braman property, additional approvals would be requested as follows:

• Approval of a tribal-state gaming compact by the Secretary of the Interior to conduct Class III gaming at the proposed gaming facility, and • Approval of any required federal or tribal permits for construction of a gaming facility.

It is also possible that approval from the National Indian Gaming Commission would be sought by the Nation for additional tribal gaming ordinances.

State approval of a tribal-state gaming compact would also be required, but is automatic under Oklahoma’s Model Tribal Gaming Compact. The State of Oklahoma enacted the Oklahoma Tribal State Compact Act in 2004 (Okla. Stat. 3A § 280-82) to facilitate such compacts.

This section describes three alternatives which constitute the preferred action, an alternate action, and the no action or trust-only alternative SECTION 2.0 ______Proposed Action and Alternatives

2.1 Introduction

This Proposed Action and Alternatives section examines the potential uses of the Kaw Nation’s Braman property which is proposed to be placed into trust status. From the standpoint of the Bureau of Indian Affairs and the Department of the Interior, the procedural decisions are whether to take the property into trust on behalf of the Kaw Nation under 25 U.S.C. § 151 and whether to designate the property as eligible for gaming purposes under 25 U.S.C. § 2719(b)(1) (popularly referenced as the Section 20 determination). Those actions, by themselves, have no environmental effects. The fee-to-trust action, however, helps to rebuild the Nation’s trust status land base, which was essentially lost to the tribe and its members through allotment and subsequent sale due to destitution and when the Corps of Engineers completed Kaw Dam and Reservoir on the Arkansas River and filled the reservoir. The reservoir flooded all of the Nation’s remaining reservation land and a remnant of less than an acre of dry land was provided as a site for the Nation’s council house, which had to be moved before it was inundated. A gaming facility, if constructed, would be expected to help rebuild the Nation’s economic sustainability and provide jobs to some of its members as well as to other residents of Kay County.

Current Plans for the Kanza Travel Plaza: The current plans of the Kaw Nation for use of the Braman property include continuing to maintain and operate its successful travel plaza, which would occur whether or not the property is placed in trust. Transfer of the property into trust status without a change in use of the property would have minor tax consequences to the Kaw Nation and Kay County (circa $12,000 per year in property and business taxes). If a gaming facility is constructed on the Braman property, the Nation would likely be contributing in excess of $1 million per year to Oklahoma’s education funds under Oklahoma’s model tribal gaming compact; Kay County’s share of that likely would more than offset the property and business tax loss. It should be noted that the nearby town of Braman support the proposed fee-to-trust acquisition.

Figure 2.1: Kanza Travel Plaza

Figures 2.2 and 2.3: Enhanced Aerial Photographs. These aerial photographs provide a visual representation of the Kanza Travel Plaza. The larger aerial photograph shows the northern portion of the Braman property including the travel plaza and motel complex. The inset shows the entire property. Property boundaries are highlighted in orange. The enhanced areas showing the motel rooms and retail store have been removed since the areal photographs were taken. The water tower will be located in that area.

Current Plans for Water Supply: Additionally, plans are underway for construction of a water tower by the Kaw Nation on the Braman property. That structure is being funded by the Nation with assistance from a matching grant from the Department of Housing and Urban Development. Design is projected to be completed during fall, 2008, and a construction contract is expected to be awarded during the winter of 2008-2009. Construction is expected to be completed during the winter of 2009-2010. The water tower addresses the principal concerns of the Kaw Nation with the current and any prospective use of the Braman property which is an insufficient reserve supply of potable water for substantial expansion of facilities on the property and increased availability of emergency water supplies in case of fire.

Water in the local utility service area is provided by Blackwell Rural Water Supply, a private purveyor of water, which buys treated water from the city of Blackwell and distributes it. The service area includes the city of Blackwell, the town of Braman, the Braman property, and a number of rural water users, particularly to the east of I-35 and north of Blackwell. The existing water supply for the travel plaza has been subject to interruption five times in the past seven years, primarily when the line was severed before it gets to the Braman property. Though most interruptions have been repaired fairly quickly, one outage lasted approximately 36 hours when the pipeline to the south of the property was severed during a flood of that area. Additionally, although there has never been a fire at the property, the Nation would like to improve the amount of water that would be immediately available if there were a fire at the travel plaza or any other facility on the property.

The water tower will have a storage capacity of approximately 500,000 gallons of water, which is sufficient to firm up the continuity of water supplies for the travel plaza and a gaming facility of the maximum size under consideration by the Kaw Nation and to provide ample water for emergency fire requirements. The Kaw Nation was been working with the town of Braman and Blackwell Rural Water Supply to assure that the water tower will also provide benefits to the town and to rural residents in the area. Specifically, the distribution to rural residents east of I-35 and north of Braman and the Braman property has intermittent problems with insufficient pressure. Work planned by Blackwell Rural Supply, in conjunction with the water tower, will firm up that supply and provide capacity in the area north and east to the Kansas border to refill fire trucks in case of a fire emergency in that area. The reserve capacity will also be available to help firm up water supplies for future developments in the Braman area if they should occur.

Since the contract for the water tower will be awarded and construction initiated during the period when the Nation’s Section 20 and 151 petitions are being considered, it is treated here as a given part of the existing conditions that will occur under all alternatives.

Planning for a Gaming Facility: The Kaw Nation submitted a revised petition to the Secretary of the Department of the Interior (Secretary) to take the Braman property into trust for the further purpose of providing an opportunity to build a small gaming facility on the property in 2004. Such a facility, if built, would need to be in the general area of the motel and office at the northwestern portion of the property since it is the most suitable site given that the Nation plans to continue to operate the modern and economically successful travel plaza at the northeastern portion of the property.

The size of a gaming facility, if constructed on the site, would depend on an assessment of market conditions at the time of design and construction. A market assessment for a gaming facility has been completed, but the tribe has not contracted for a specific gaming facility design pending the Secretary’s decision on taking the land into trust for the Nation. For that reason, this environmental assessment has been prepared using a hypothetical gaming facility sized approximately to comport with the results of the market assessment for the maximum size of clientele that would likely be attracted to a gaming facility at the Braman site. The market study indicated that a market for a gaming facility at the Braman property exists, but its size depends

15 heavily on whether or not the State of Kansas builds a gaming facility in the Wichita area or south of it, since a State of Kansas facility near Wichita would be expected to draw a substantial portion of the clientele that would otherwise visit a gaming facility at the Braman property. A State contract for a major gaming facility south of Wichita is currently pending, but the State and the potential developer face several lawsuits challenging the State’s approval. Prospects for a proposed State of Kansas gaming facility in southeast Kansas, also approved by the State, are currently considered questionable, so whether one south of Wichita will actually be built, what its capacity and drawing power might be, and what its timing might be are uncertain.

Based on the market data and an assumption that the State of Kansas would not build a state- owned gaming facility south of Wichita, a gaming facility at the Braman tract, complete with offices, secure counting and surveillance space, a restaurant, and gift shop, would be a one- to two-story structure with approximately 36,000 square feet of floor space. It would be surrounded by landscaping and parking areas. If the State of Kansas does build a gaming facility near Wichita, the market study concludes that the market would not support a Kaw gaming facility near Braman as large as that hypothesized above and its size would be reduced to maintain its economic viability. The larger facility has been used for the proposed action analysis in this FEA, however, because it best reflects the Tribe’s desired use for the property and it reflects the maximum impacts that could reasonably be anticipated. A smaller facility would have lesser environmental effects. In either case, this environmental assessment concludes that a gaming facility at the Braman property would not have significant environmental effects.

If developed, a gaming facility at the site would be managed directly by the Kaw Nation’s Kaw Economic Development Authority (KEDA), which operates a gaming facility in Newkirk, Oklahoma, offering bingo, card games, and electronic gaming machines. The Newkirk facility is somewhat oversized for its clientele, but is considered reasonably comparable to the maximum- sized gaming facility that the market would support at the Braman property. The Nation and KEDA have operated a gaming facility in Newkirk since 1989 and have enlarged and rebuilt it since that time. For that reason, it has been used as a basis for helping quantify requirements likely to apply to a gaming facility at the project site.

Alternatives: The basic alternatives identified at the beginning of this section – whether the Bureau of Indian Affairs and Department of the Interior make decisions to take the Braman property into trust and whether they allow that trust land to be used for gaming activities – have no real environmental effect, but they could have environmental consequences dependent on subsequent actions by the Kaw Nation. For this reason, the analysis in this FEA has been based on the potential and most likely effects of the decisions. This section, thus, addresses three alternatives. They are:

2.2 Alternative 1: The Kanza Travel Plaza (the Trust-Only Alternative). 2.3 Alternative 2: The Kanza Travel Plaza and Gaming Facility (Proposed Action and Preferred Alternative). 2.4 Alternative 3: The Kanza Travel Plaza without a trust designation. (No Action Alternative)

Alternatives 1 and 2 are examined for any significant impact affecting the environment in Section 4 of this FEA. Tables 2-3 and 4-7 provide qualitative and quantitative summaries of the impacts of each alternative. Alternative 3 is identical in physical terms and virtually all impacts, and is briefly addressed in this section rather than in Section 4. Cumulative impacts are considered negligible and indirect or induced impacts are considered to be modest and conjectural. Both are addressed in Section 5 of this FEA.

As can be seen, for purposes of this FEA, the alternatives considered are focused on the substantive outcomes of the fee-to-trust and Section 20 decisions rather than the decisions themselves. Thus, if the parcel is taken into trust

16 but the Section 20 determination did not allow the trust land to be used for a gaming facility, the Kanza Travel Plaza would continue to operate as it does now and its operation would be somewhat enhanced by the reserve capacity of the water tower if and when future service interruptions occur and by an improved supply of water for fire emergencies if any were to occur. The identified effects of Alternative 1 could also be the result if a favorable determination was made to take the land into trust and to provide a favorable Section 20 determination, but the Nation decided to not build the gaming facility. The same outcome would result under Alternative 3 if the land were not taken into trust.

The proposed action assumes favorable action on both the Part 151 and Section 20 decisions and, further, that the Kaw Nation concludes that a gaming facility should be constructed and operated on the property, actually constructs and operates such a facility, and also continues to operate the Kanza Travel Plaza at the property. The proposed action also provides that if the wastewater from the travel plaza and a gaming facility is in excess of the capacity of the current KEDA treatment lagoons on the property, it would be piped to the Braman Wastewater Treatment Facility near the town of Braman.

2.2 Alternative 1: The Kanza Travel Plaza (Trust-Only Alternative)

Under the no action alternative 21.25 acres of land would be placed into federal trust status for the tribe, the facility’s current configuration would be maintained and operated as is with no change in land use, and no gaming facility would be constructed on the property. The Kanza Travel Plaza is located at exit 231of Interstate 35 in Braman, Kay County, Oklahoma, and is approximately 4 miles south of the Oklahoma-Kansas border. Exit 231 is the last interchange for traffic headed north on Interstate 35 before entering Kansas.

The site is currently classified as commercial and has a travel plaza, which is primarily dependent on its interstate highway location for its clientele. The Kanza Travel Plaza is a refueling center with a fast food restaurant and retail shop catering primarily to travelers on the interstate and is located on the northeastern portion of the property. A second building is located on the northwestern portion of the property and houses a seven-unit motel and office. The combined operation has a workforce of 30 employees. The office serves the motel and is also used by the Kanza Travel Plaza staff for office space. Two buildings that previously provided motel units and a restaurant were removed in 2006. The office/motel building and the area where the two buildings were removed are up a small rise in elevation from the travel plaza.

The far southern portion of the property, somewhat down slope from the office/motel area, is the location of a wastewater treatment facility consisting of three treatment lagoons. Wastewater can be diverted to either the first or second lagoon, or both; the second lagoon is connected to the third lagoon and, if the second lagoon filled, the wastewater would flow to the third lagoon). The first two lagoons of the three-lagoon system currently have substantial excess capacity and the third lagoon reportedly has never needed to be used.

The property is currently held in fee simple and all facilities are subject to and in compliance with state and local requirements such as those for food handling and for meeting underground fuel storage standards. Water supply for the facilities on the property is provided by Blackwell Rural Water Supply, a private purveyor of water that treats and distributes water in the utility’s service area which includes the Braman property, the town of Braman, and the city of Blackwell as well as rural residents. The water distribution system is less than 20 years old and the water supplied is in compliance with all state and federal drinking water quality standards. The limited water supply reserve problem will be resolved by construction of the previously described water tower, which will have a reserve capacity of 500,000 gallons, about one-third of the total annual use of the travel plaza. Kay County, including the travel plaza, is in attainment for all air quality

17 standards. Informal fire protection agreements for primary assistance from the town of Braman with back-up from Blackwell are in place. The Kaw police force provides 24-hour, seven-day-a- week policing services for its properties and facilities, which include the Braman property. They also work cooperatively with the other local law enforcement authorities.

If the land were taken into trust under 25 U.S.C. § 151, but did not receive a favorable Section 20 designation for use of the property for gaming activities, the property would continue to be used for the foreseeable future for the travel plaza and the Nation would explore other alternative uses for the unused portion of the property. No alternative use plans currently exist and the sparse population in the nearby area limits options for economic ventures on the property.

2.3 Alternative 2: The Kanza Travel Plaza and Gaming Facility (Proposed Action and Preferred Alternative)

Alternative 2, also known as the proposed federal action/preferred alternative, is the approval of the Kaw Nation’s petition for a Secretarial determination with a new gaming facility being built and it and the Kanza Travel Plaza being operated together at Braman, Kay County, Oklahoma. Under this alternative 21.25 acres of Kaw Nation fee land would be put into federal trust by the BIA and the Department of the Interior would make a Section 20 determination allowing the property to be used for gaming purposes. Construction of a gaming facility would include not only the building but also parking areas and landscaping. The two economic ventures would coexist and benefit from one another’s customer draw. Implementation of the proposed action (alternative 2) would:

• Promote economic development of the Nation including, over time, better allowing the tribe to diversify its commercial operations to strengthen its economic base; • Provide increased employment opportunities for tribal members and the surrounding community; • Assist funding educational, health, welfare, environmental and other services and future economic development to improve the quality of life of tribal members; and • Strengthen the tribal government and its self-governance capability by improving its financial health and the scope of its decision making and management responsibilities.

Based on the findings contained in the gaming market assessment prepared by an independent gaming market evaluation firm of the market for a gaming facility at the Braman site (Appendix B) and an approximation of the size of facilities required to serve that market based on discussions with an architectural firm and experience constructing and operating a reasonably comparable gaming facility in Newkirk, Oklahoma, KEDA considers the geographic size of the Braman site sufficient to support a travel plaza and a gaming facility suited to the estimated number of persons who would be attracted to a gaming facility at the Braman property.

In determining the optimal size of the facility, the two primary calculations that get considered to estimate the size of the facility and the parking area for the projected size of the clientele are the estimated turns per day and the optimal number of gaming positions. For the Braman site, the marketing study estimates turns per day ranging from 2.72 to 2.95 over a five-year span and an optimal total of 635 gaming positions. The physical size of the building and its parking area were estimated from these and related data (requirements for administrative, surveillance and security spaces, restaurant, gift shop and grill) as well as KEDA’s experience in operating a somewhat larger facility in Newkirk. The estimated size of the building if constructed as a single-story structure would be about 36,000 sq. ft. with a footprint of about half that much if constructed as a

18 two-story building. The number of positions and the estimate of turns per day also resulted in an estimated need for approximately 635 parking positions, including those for employees. The estimate of required parking positions provides substantial room for underestimating automobile parking area size requirements since 8.2 percent of the clientele estimated by the marketing study would be truckers; their vehicles would appropriately be parked in the large truck parking area at the travel plaza rather that in the parking area adjacent to the gaming operation. Landscaping of the site around the proposed building and parking area would be designed to increase the attractiveness of the facility in contrast to the existing landscape. Table 2-1, below, details the estimated size of the various building components.

Table 2-1 PROPOSED GAMING FACILITY

Type of Space Square Feet

Gaming Space 16,675

Restaurant, Gift Shop, and Grill 10,250 Administration, Surveillance, Security, Employee Lounge, and Public Restrooms 9,050

Total 35,975

Figure 2.4: Braman Site Location with Travel Plaza and Potential Gaming Facility

Figure 2.4, above, shows the likely location of the gaming facility. The existing travel plaza is also shown. The gaming facility and parking lot are estimated to require about 5.5 acres of land (see Table 2-2). It is possible that a design contractor would conclude that a two-story structure was preferable, however, to provide additional visibility to the facility or to add to its landscaping and/or parking area. The available acreage is adequate to accommodate either a one-story facility or a two-story facility. It is anticipated that the building would be located on the area now occupied by the parking area for the former motel and its adjoining retail facility as well as the existing administrative office as shown in Figure 2.4. Such a facility would be operated in conjunction with the Kanza Travel Plaza. Thus, the environmental effects would include all of those associated with Alternative 1, above, plus those associated with the gaming facility.

Because of synergistic effects, it is expected that there would be some additional business at the travel plaza associated with persons refueling who had been drawn to the gaming facility. The market assessment estimated this at $30,600 to $33,600 in additional fuel sales and an increase in other sales revenue at the travel plaza of between 12% and 15.5%. This would be expected to have negligible environmental effects.

Table 2.2 summarizes potential area usage of the proposed gaming-eligible site.

Table 2-2 Proposed Gaming-Eligible Site Parcel use Size in Acres Gaming (assuming a single story) 0.826 Parking 4.66 Remainder (including travel plaza) 15.77 Total 21.25

2.3.1 Issues in the Estimated Size of a Gaming Facility

As noted previously, the marketing study indicates that the client base for the Braman site would be substantially less if a major gaming facility were opened in or around Wichita, Kansas, which is a possibility. If so, it is likely that a smaller gaming facility at the Braman property would be more appropriate. One estimate of this was that such a facility might be as small as 9,000 to 10,000 sq. ft., but that would depend on the size and scope of a Kansas facility. For purposes of assessing environmental impacts in this EA, the larger-sized facility at the Nation’s Braman tract is used since it is most in accord with the Kaw Nation’s current intentions for use of the property and would have the greatest impacts. While this environmental assessment finds no significant environmental effects for the proposed action, if a smaller facility were built, the environmental effects would be even less.

2.3.2. Project Construction

The proposed gaming facility construction would involve ordinary construction activities: earthwork; placement of concrete foundations; steel, wood, and concrete structural framing; masonry; interior and exterior walls and surfaces, plumbing and ventilation, electrical mechanical work; connection to utilities, building and site finishing; paving, and landscaping. The existing motel/administrative building would first have to be removed, a relatively minor task. Any construction and development activity would be required to comply with the Americans with Disabilities Act, as amended (42 U.S. C §12/01 et seq.). The Kaw Nation would comply with all tribal and federal environmental codes and regulations including providing all safety equipment necessary to protect the public health and safety from fire and medical emergencies as well as natural and other disasters. Construction activities would include hooking the facility up to the existing wastewater line to the onsite wastewater lagoons and, most likely, constructing a pipeline of about 1 to 1.5 miles in length to connect to the Braman Wastewater Treatment Facility. A stormwater pollution and prevention plan employing best management practices (BMPs) such as dust and erosion control would be developed as part of the construction design phase for both the facility and the wastewater pipeline and would be implemented to assure that project construction didn’t violate federal water drainage standards. EPA permit requirements and noise standards would also be adhered to. The need for sound barriers between the gaming facility and the interstate and/or sound insulation for the facility also would be considered during the design

21 phase and installed as appropriate to provide a quality experience for the clientele of the facility.

2.3.3. Facility Operation

Operation of the facility would involve direct employment of between 200 and 250 persons in addition to the existing 30 employees at the travel plaza. Based on experience at the Kaw Nation’s existing gaming facility, about 25% of the employees could be expected to be Indian. The Nation’s government will adopt and comply with standards no less stringent than the State of Oklahoma for food and beverage handling, water quality, and waste disposal. The facility would have modest requirements for water and electricity as well as for the aforementioned wastewater requiring treatment. As previously indicated, water for the facility would be provided by Blackwell Rural Water Supply augmented by the reserve capacity of the Kaw Nation’s water tower. Water from Blackwell Rural Water Supply meets Federal Water Quality and Federal Safe Drinking Water Act standards. Wastewater would be treated in the lagoon system on the property and, as needed, by the Braman Wastewater Treatment Facility. Both meet all state standards and are in compliance with the Federal Water Quality Act. Neither sends treated or untreated water into the waters of the United States or into state waters. Both use evaporative treatment approaches and the evaporation ponds are lined to prevent interaction with groundwater. The Kaw Nation would comply with all tribal and federal environmental codes and regulations including providing all safety equipment necessary to protect the public health and safety from fire and medical emergencies as well as from natural and other disasters.

A traffic study based on the market assessment indicates that the existing Interstate interchange, the adjoining U.S. 177 road, and the three entrance/exit points on the parcel are more than adequate to handle peak traffic loads with minimal delays and without further improvement. If experience demonstrated a problem with traffic delays at the exit points, traffic lights would be installed or turn lanes and/or additional signage added, but those don’t appear to be required based on the results of the traffic study.

A fire protection agreement for primary assistance from the town of Braman is in place; back-up is provided from Blackwell. The Kaw police force provides 24-hour, seven-day-a-week policing services for its properties and facilities, which include the Braman property. They also work cooperatively with the other local law enforcement authorities.

2.4 Alternative 3: The Kanza Travel Plaza without a trust designation. (No Action Alternative)

Alternative 3, the no-action alternative, is the anticipated result of a decision by the Department of the Interior/Bureau of Indian Affairs to not take the Kaw Nation’s Braman property into trust. The environmental impacts of such a decision are identical to those of Alternative 1, which posits that the Department of the Interior/Bureau of Indian Affairs elects not to take the property into trust status. The Kaw Nation would continue to operate the Kanza Travel Plaza and small motel. The socio-economic effects would also be the same, except that the property and business taxes of approximately $12,000 per year to local governments would continue to be paid. This is considered a minor amount without substantial effect. Because the environmental consequences are essentially identical with Alternative 1, a separate environmental analysis of it is not provided in Section 4 and 5.

2.5 Alternatives Eliminated from Further Consideration.

At this point, no conceptually viable alternative economic uses have been identified for the Braman property. The property is isolated and in a county loosing population due to lack of economic development. Adequate, more modern motels along the I-35 corridor are located in Blackwell and in Kansas and opportunities at the site are therefore limited. Consideration was given to the question of whether the travel plaza should be removed, but a substantial portion of the intercept market for a gaming operation at the property would be tied to the customers of the travel plaza and the customer base of the travel plaza would benefit from local patrons of the gaming operation. Additionally, the travel plaza was rebuilt in 2001 and is considered an attractive, modern facility. It provides a profit to the tribe, which is used to fund economic development and tribal services, and about 30 jobs for the local labor market. There would also be environmental impacts from removing the travel plaza. There is, thus, no compelling reason to consider removing it and substantial reason to continue it in operation whether the land is taken into trust or not, and whether a favorable Section 20 decision is made that would make the property gaming-eligible. Consideration has also been given to acquiring additional land at the I- 35 interchange, but the landowner is unwilling to sell. Thus, that appears to not be a viable alternative.

2.6 Comparison of Proposed Alternatives

Table 2-3 provides a summary of the alternatives and the environmental impacts. This table is not intended to be comprehensive but to give a brief summary of the key effects of the two substantive alternatives. The issues presented in Table 2-3 are expanded in chapter 4 (Environmental Consequences).

Table 2-3 Qualitative Comparison of Alternative Actions for Primary Issues

Issues Addressed Alternative 1 Travel Alternative 2 Travel Plaza Only Plaza and Gaming Facility Water Supply (with Sufficient water supply Sufficient water supply construction of including adequate including adequate water tower) supplies for fire supplies for fire emergencies; meets emergencies; meets drinking water quality drinking water quality standards; community standards; community benefits by firming up benefits by firming up water for rural water water for rural water supply including additional supply including additional water for fire protection; water for fire protection; firms up potential firms up potential additional water supply for additional water supply for Braman if ever needed; no Braman if ever needed; no stress to existing systems stress to existing systems or regional supplies or regional supplies Wastewater wastewater discharged into wastewater discharged into existing lagoons; existing lagoons and, most

wastewater controlled, likely, to the Braman treated, and monitored; Wastewater Treatment meets all environmental Facility; wastewater requirements; no stress to controlled, treated and existing systems; no monitored; meets all groundwater or offsite environmental effects requirements; no stress to existing systems; no groundwater or offsite effects Air Quality No adverse effect on No adverse effect on attainment of all air quality attainment of all air quality standards; emissions standards; emissions associated with a single associated with a single gas/diesel station; gas/diesel station plus a emissions far below de medium-sized commercial minimus standards for air building and associated quality emissions traffic; total emissions somewhat greater than alt. 1, but far below de minimus standards for air quality emissions Noise Most traffic noise is from Most traffic noise is from the adjoining Interstate the adjoining Interstate highway. Lowest traffic highway. Somewhat more noise; meets noise traffic noise; increase standards for commercial primarily associated with and residential areas; only the noise level of one other receptor in passenger vehicles driven vicinity to the gaming facility; meets noise standards for commercial and residential areas; only one other receptor in vicinity; noise barrier between gaming facility and Interstate as well as noise reduction abatement in building would be considered in architectural design phase Aesthetic and Modest aesthetics based on More recreational Historic modern, attractive travel opportunity (indoor); site plaza; no adverse historical landscaped to attract or archaeological effects customers; historical artifacts will be on display in any gaming facility constructed; no adverse historical-archaeological effects Economic Low impact Higher impact – primarily

through direct employment and, most likely, some positive secondary economic effects Welfare Low Higher Transportation and Low impacts and a smaller Attracts more vehicles and parking parking area; no significant requires a larger parking effect on local intermittent area than Alternative 1; no streams or water quality significant effect on local intermittent streams or water quality Solid Waste Low; disposal in Low, but higher than compliance with all state Alternative 1; disposal in and federal laws; no stress compliance with all state to existing solid waste and federal laws; no stress disposal site to existing solid waste disposal site

Alternative 1. Continuing to operate the Kanza Travel Plaza with or without trust status, is an economically viable use of the property with minimal environmental effects, but its economic and jobs potential is quite modest. While modest, the income from the travel plaza and motel complex has a positive effect on the economic development of the tribe and on its self-governance capabilities.

Alternative 2. Constructing and operating a gaming facility as well as continuing to operate the Kanza Travel Plaza best meets the Tribe’s objectives and would provide the greatest positive socio-economic effects to the Nation and the local area. Development of the property would have minimal adverse effects on the natural and human environments and would provide substantial benefits to the Kaw Nation in terms of providing income to the Nation and jobs for members of the Nation and the surrounding communities in an area that is losing jobs and population. It would strengthen both the Nation’s self-governance capabilities as well as its ability to augment federal programs with services to members of the Kaw Nation. It is estimated that a gaming facility would add 200 to 250 jobs at the property.

Other Potential Issues. Additional potential issues are considered in Section 4 but are not included in the above summary table because of lack of relevance and/or lack of effect. There is no reason, for instance, to expect any significant effects on land or water resources from either alternative. The Braman tract is an already greatly altered landscape with extensive graded and both paved and unpaved parking areas, which pre- existed the Nation’s ownership of it by many years. The buildings that remain and the sewage lagoons also were in place long before the Nation purchased the property except for the modern new travel plaza structure which replaced an older structure in 2001. Additionally, the parcel is bounded by highways and highway rights-or-way and by an operating dry-land farm subject to regular disturbance. There are minimal seismic risks.

The property is outside of the 500-year flood zone, so flooding risks are essentially nonexistent. As long as standard erosion control practices are maintained there will be no impact to the topography and soils as noted in the Oklahoma Department of Wildlife

25 comment on the project in Appendix C. The absence of significant ground water sources in the area dictated a minimal need to address them in this EA. There are no surface water bodies such as streams, lakes or ponds on the property or that would be affected in other than a de minimus manner under either alternative.

Endangered species are addressed in Section 4, but there is every reason to expect that they would not be affected in any manner under the alternatives considered. There are none known to use the site or nearby areas. The U.S. Fish and Wildlife Service was contacted in regards to endangered species at the Braman site and concurred with the Kaw Nation Environmental Department that the proposed action would have no impact to federally-listed or proposed species or their habitats (Appendix C). Oklahoma Department of Wildlife was also contacted with regard to the biological impact of the project. They responded with a letter, in Appendix C, stating that they anticipate minimal disturbance to the environment as long as proper soil and water conservation measures are taken. The soil and water conservation measures are part of the mitigation proposed for the Proposed Action. The Kaw Nation also conducted a Biological Assessment of the proposed site (Appendix D). This assessment concluded that no threatened or endangered species have been impacted by the construction or operation of the travel plaza at the site. Further the operation of gaming facilities in the surrounding area has produced no known impact to threatened or endangered species. It is reasonable to conclude that construction and operation of a gaming facility on the site will not affect threatened or endangered species.

Wetland resources are briefly discussed, but there are none on or near the 21.25-acre site and there is no reason to expect adverse impacts on those located farther away. The only standing water on the site is at three sewage lagoons that do not provide wetlands functions. They are also lined so they do not provide ground water recharge or threaten contamination of groundwater. The area around them is grassland and is mowed. Wildlife habitat on this commercial site is negligible. Wildlife habitat, in any case, would be considered minimal since the undeveloped portion of the property is more akin to open rangeland with native grasses and local properties used for dry-land farming. Additionally, it is directly adjacent to an Interstate highway right-of-way. The Natural Resource Conservation Service (NRCS) responded to the Nation’s request for comments by concluding that there are no prime farmland soils, unique areas, or wetlands on the proposed site (Appendix C).

Environmental Data Resources, Inc., conducted a NEPA check for the Kaw Nation’s Braman Property. It found no natural areas, historic sites, and/or wetlands (Appendix E).

Use of the Braman property for tribal gaming purposes would not have a disproportionate negative impact on either minority or low income populations in either environmental or socioeconomic terms. The Kaw Nation applies an Indian employment preference policy based on tribal enrollment, which is reflected in the fact that approximately 25% of the employees at its existing gaming facility in Newkirk are Indian. The area immediately surrounding the property is rural and sparsely populated. The nearest population center is the town of Braman with approximately 230-240 persons living in a residential area located approximately one mile from the property. The Interstate highway runs adjacent to the property on the west side and the nearby properties in other directions are farm or ranch lands and a U.S. highway. As such, there would be no disproportionate relocation or other adverse impacts from construction and operation

26 of a gaming facility and continued operation of the travel plaza on minority or economically distressed populations.

The property is zoned for mixed commercial and residential use, but there are no other businesses or residential centers nearby or adjacent to it. Neither are there any schools, churches, or other community facilities located in the immediate vicinity of the property. Given the prevailing unemployment rate and depressed economic conditions in the area, establishment of a gaming facility on the property will produce a beneficial impact in relation to socially and/or economically disadvantaged residents in the area including, particularly, tribal members and residents of Braman.

Finally, there are no significant cumulative impacts that would be expected from either alternative. There are no major developments underway or proposed for the area. Indirect or induced effects from Alternative 2 would be the potential for some increased jobs in the area related to services for the gaming facility, for the employees of the facility, or for the patrons of the facility. It is also possible that the clientele of the gaming operation and the presence of a restaurant would be sufficient to justify a motel or other services for travelers in Braman or closer to the interchange. Ultimately, these are too speculative to estimate at this time, but could include some incremental employment and economic activity in the area. This could be real, but probably modest considering the facility would have a staff of only 200-250 and an average daily customer base of less than 2,000 persons at the largest estimated potential size. Both the size of the staff of the facility and the indirect and induced employment could help reduce the rate of the loss of jobs and departure of citizens from the surrounding area and from Kay County in general.

This section provides information on Existing resources of the values that may be affected by the development and use of the site. SECTION 3.0 ______Description of the Affected Environment

The Kaw Nation’s Braman property is on the southeast corner of the interchange of Interstate 35 and State Highway 177. Its street address is 9695 North Highway 177, Braman, Oklahoma, 74632. The Braman site is 22 miles due west of the Arkansas River, the western border of the Kaw Nation’s Former Reservation, and 15 miles east of the Nation’s Chilocco trust lands at the historic former Chilocco Indian Boarding School. The property extends along the east side of interstate 35 and its north off-ramp to Highway 177; Highway 177 forms the northern boundary of the property.

On the property now are a travel plaza, and what is left of a small motel complex. The Kanza Travel Plaza consists of refueling centers for diesel and gasoline vehicles as well as a related restaurant and retail shop. The gasoline refueling center is located to the north of the building and is used mostly by passenger and light duty vehicles. The diesel refueling center is to the south of the building and is used mostly by tractor trailer trucks involved in the transportation of goods. The store sells drinks, snacks, personal care items, vehicle-related goods, and souvenirs. It incorporates a small restaurant called the Grab and Dash that offers a selection of hot or cold meals. The Kanza Travel Plaza also offers showers to travelers. The area to the south of the diesel refueling center is a gravel parking lot for tractor trailer parking. The motel complex once consisted of three buildings: a building with the motel office and seven rooms; a motel building with thirteen rooms, and a restaurant. These were surrounded by paved parking areas. The restaurant and larger motel building have been removed, leaving only the seven-unit building and office and the parking areas. The office is used both for the motel and for the managers of the travel plaza.

The property continues to the south from the motel in a relatively narrow strip along interstate 35. Most of the area to the south of the former motel is open field which slopes to the south and is mowed periodically. Three current wastewater lagoons are located at the south end of the property. The eastern and southern boundaries of the tract are adjacent to a large farm that mostly consists of grazing land, but which grows grains, soybeans and alfalfa in rotation. There are no other commercial buildings and only one house near the property. The house is along the north side of U.S. 177 at a northwestern angle from the travel plaza. The climate of the area is temperate with a growing season of 196 days. Mean daily temperature in Kay County ranges from 36º F in winter months to 80° F in the summer. The average annual precipitation averages 36 inches and is heaviest during spring and fall. Precipitation is usually in the form of rain with snowfall occurring during January and February (U.S.A.COE 2006).

3.1 Land Resources

3.1.1 Topography

The proposed project will be on a small rise with an elevation of 1070 feet above sea level. Figure 3.1 is a topographical map of the project site. The land surface slopes down to the south

28 toward the sewage lagoons, the lowest point on the property, and to the east between the current motel office building and the travel plaza. The plaza is on a relatively flat surface of 3-5% slope at an elevation of approximately 1060 feet (DeLorme, 2004).

Kanza Travel Plaza

Figure 3.1: Braman Topographic Map

3.1.2 Geology

The structure of North-Central Oklahoma is one of gently dipping formations with a regional dip of less than one degree to the west (Bryan, 1950). The proposed site is on a thin layer of alluvium and terrace deposits of Quaternary age and consist of sand, silt, clay and gravel deposited by ancient rivers. Maximum thickness of this geological group ranges from 0 to 75 feet (0 to 23 m) (Bingham & Bergman, 1980).

The Quaternary period was characterized as a time of erosion. Rocks and loose sediment at the surface have weathered and the soil particles were carried away to streams and rivers, and deposited in their banks and bottoms. (Oklahoma Geological Survey 1979).

The local geology underlying the alluvium and terrace deposits at the project site is of the Permian age, Wellington formation group. Outcrops of this layer consisting of reddish brown shale and mudstone occur. The dense clay exhibits minimal vertical percolation.

The Wellington formation ranges in thickness from approximately 250 feet to about 500 feet. The earth below the Wellington consists of red shale, a rock salt member which is called the GUEDA, and a lower anhydrite member with some dolomite. The Permian began with the deposition of normal marine sediment consisting of thin, light-colored limestone beds alternating with shale. These are almost identical with the underlying Pennsylvanian beds, which overlie salt beds of the lower Permian known as red beds (Bryan, 1950).

3.1.3 Seismology

The proposed site is in the Nemaha / Central Oklahoma Fault Zone. This fault zone is relatively stable. Minor earthquakes do occur, but are not generally felt and do not cause damage. The Braman site is in the zone of lowest earthquake risk in Oklahoma according to the USGS earthquake hazard map; overall, Oklahoma is in an area of relatively minimal earthquake hazard risk compared to areas in California, Alaska, Washington and the New Madrid area near the Mississippi River in Missouri. (see Figure 3.2 for Oklahoma seismic risks). On January 1, 2008, an earthquake occurred approximately six miles north of the site, at 37.027N longitude, 96.326W latitude. The quake registered 2.7 magnitude on the Richter scale, at a depth of 3.1 miles. Another earthquake occurred in January, 1998, approximately 3.7 miles from the site. This earthquake registered 1.6 magnitude. Neither earthquake was reported as felt or caused any damage (Folkworm, 2008).

Braman

Figure 3.2: USGS Oklahoma Earthquake Hazard Map

3.1.4 Mineralogy

Oil and petroleum products are the major minerals of economic importance in Kay County, Oklahoma. A crossection of the oil wells drilled in the vicinity of Chilocco, OK shows that the Redfork formation at a depth of over 1000 feet has high potential for oil production. Two oil fields exist near the project. One is just over a mile to the northwest, the Braman Northwest Oil Field. The other, the Braman Oil Field, is approximately one mile to the southeast. All oil pumps in the vicinity are electric and have the required environmental protections. Limestone is quarried in the eastern portions of the county, and the potential for further development is present. Sand, gravel, and clay are taken from the area between the Arkansas and Chikaskia Rivers for use in roads and by the construction industry (USDA, 1967). Silty shale interbeded

30 with gypsum and limestone lay below a depth of 250 feet in the Nemaha region of the Permian system.

3.1.5 Soils

The U.S. Department of Agriculture’s Soil Conservation Service Soils Map of 1967 shows that two types of Norge loam dominate at the proposed site: Kaw – Brewer (green color 1) which is steep loam to clayey soils and Norge Vanoss (yellow color 5), a loam which can range from nearly level to strongly sloping (figure.3.3).

Kanza Travel Plaza

Figure 3.3: Kay County, OK 1967 Soil Survey Map (USDA, 1967)

According to NRCS 1967 the Norge loam soil series consists of deep, well drained, soils on remnants of ancient stream terraces and alluvial plains. The soil is developed as neutral to alkaline clayey sediments with less clayey subsoil. Norge loam has a top soil which is a brown (10yr-7.5yr 4/3) fine granular structure that is very friable when moist and slightly hard when dry. It has a pH of 5-6, is fertile, and is easily worked. The soils absorb and store water well and release it readily to plants. Slopes range from 3 to 5, and 5 to 8 percent. The USDA soil survey classifies the site’s soils as having a low shrink and swell potential, meaning they are stable and are likely to remain unchanged.

The soil is well protected from erosion over most of the parcel by vigorous plant cover. Presently, there are no erosion problems on the tract. The parking areas adjacent to the plaza are paved; the surface of the truck parking area to the south of the plaza is gravel. The three lagoon ponds are in the southern part of the proposed site. The lagoons, which are lined, are on Norge loam of 5-8% slope and are currently used to dispose of sewage. The surrounding area is

31 covered with native grasses. Table 3-1 shows the technical capability classification of Norge soil. These soil capability classifications listed below are limitations for erosion if the soil is cultivated for crop production. Currently these soil units are under grass cover and do not show any signs of erosion. The project will not result in the loss of cover that would occur if the property was cultivated.

TABLE 3-1 Capability Classification of Norge Soil

Map symbol Mapping Unit Slope Erosion hazard Capability Unit Range Site NoB Norge Loam 1-3 low IIE-1 loamy prairie NoC Norge Loam 3-5 slight III-2 loamy prairie NoD2 Norge Loam 5-8 moderate IV-3 loamy prairie PS Port 0-1 low IIW-2 loamy

Notes: Capability Class to choice of plants and conservation practices

I- Few limitations II- Moderate limitations III- Severe limitations IV- Very Severe limitations V- Impractical to remove but for pasture land VI- Sever limitation, unsuited for cultivation VI1 Soils and land form have limitations for commercial plants.

Subclass related to major management concern E=Erosion W=Wetness S=Soil problem C=Climate

Source: USDA, Soil conservation Service, 1967

3.2 Water Resources

3.2.1 Water Supply

The proposed site, including the current travel plaza, is within the Braman water utility service area. Groundwater resources in the service area are limited to shallow aquifers that are not well suited for large water supply projects. The Chikaskia River and its tributaries – Bluff and Shoofly Creeks west of I-35 and the Braman tract, and Dry Creek east of the Braman tract – are the only nearby sources of surface waters. The Shoofly and Dry Creeks are intermittent creeks that dry out during dry periods, whereas the Chikaskia River about 2.5 miles to the south is a perennial stream and is the main source of water supply for many nearby communities and individual consumers including the Braman utility service area.

The proposed site gets its water from Blackwell Rural Water Supply, a private purveyor of water, which buys its water from the City of Blackwell. The City of Blackwell pumps its water from the Chikaskia River at a location about 9 miles south of proposed site and treats it to eliminate contaminants. About 25% of Blackwell’s potential water supply has been developed (telephone communication with Blackwell Rural Water supply). Blackwell Rural Water Supply sells and transports the treated water to the Kaw Nation’s travel plaza and to residents of the Cities of Blackwell and Braman and to rural residents through pipelines. The town of Braman has a

60,000 gallon water tower that provides emergency water supplies to the community as needed. The water delivery system was built in 1989 and is in good condition, though there is a need to increase its reserve or carrying capacity from the service area north of Braman and east of the Braman property to the Kansas border and approximately seven miles to the east of I-35 (see Section 2 introduction). The EPA through the clean water act requires that public water supplies are regularly checked for compliance with drinking water quality standards, the Blackwell Rural Water Supply did not exceed any standards in 2007 (ODEQ, 2007).

The water supply is ample for the daily needs of the travel plaza, but could be inadequate for a fire there depending on the severity of the fire. The Kanza Travel Plaza used about 1.5 million gallons of water (about 4.6 acre feet) in 2007 (Appendix F); this amount is considered typical for annual use there. The existing water supply for the travel plaza has been subject to interruption five times in the past seven years, primarily when the line was severed before it gets to the Braman property. Though most interruptions have been repaired fairly quickly, one outage lasted approximately 36 hours when the pipeline to the south of the property was severed during a flood of that area. Additionally, although there has never been a fire at the property, the Nation would like to improve the amount of water that would be immediately available if there were a fire at the travel plaza or any other facility on the property.

The concern over the adequacy of the water supply will be addressed by the construction of a water tower on the Braman property as described in Section 2.1. That structure is being funded by the Nation with assistance from a matching grant from the Department of Housing and Urban Development. Design is projected to be completed during fall, 2008, and a construction contract is expected to be awarded during the winter of 2008-2009. Construction is expected to be completed during the winter of 2009-2010. The water tower addresses the principal concerns of the Kaw Nation with the current and any prospective use of the Braman property which is an insufficient reserve supply of potable water for substantial expansion of facilities on the property and increased availability of emergency water supplies in case of fire.

The water tower will have a storage capacity of approximately 500,000 gallons of water, which is sufficient to firm up the continuity of water supplies for the travel plaza and a gaming facility of the maximum size under consideration by the Kaw Nation (the proposed action) and to provide ample water for emergency fire requirements. The Kaw Nation was been working with the town of Braman and Blackwell Rural Water Supply to assure that the water tower will also provide benefits to the town and to rural residents in the area. Specifically, the distribution to rural residents east of I-35 and north of Braman and the Braman property has intermittent problems with insufficient pressure. Work planned by Blackwell Rural Water Supply, in conjunction with the water tower, will firm up that supply and provide capacity in the area north and east to the Kansas border to refill fire trucks in case of a fire emergency in that area. Blackwell Rural Water Supply plans to use a “net billing” arrangement with KEDA whereby the water from the water tower used for its other service areas would be reduced from the KEDA bill. (Communication with Blackwell Rural Water Supply). The reserve capacity will also be available to help firm up water supplies for future developments in the town of Braman if they should occur.

3.2.2 Wastewater

The current wastewater system collects wastewater from the travel plaza and the office building into three fully-lined lagoons at the south end of the property. The lagoons are approximately 188’ x 88’ x 10’ and each has a volume capacity of about 1,217,829 gallons for a total capacity exceeding 3.6 million gallons (about 11 acre feet). The estimated annual amount of wastewater disposed of at the lagoons is about 787,000 gallons/year (about 2.4 acre feet). Diversion into the first two lagoons is controlled by a valve which allows flow into either lagoon or into both on a 50/50 basis. The flow is checked monthly, but generally the valve is set for the 50/50 operation. If the second lagoon were to fill, additional wastewater from it would flow to the third lagoon, but the amount of wastewater apparently has never been sufficiently large to require use of the third lagoon.

The three-lagoon wastewater treatment system has a minimum capacity of approximately 1.6 million gallons per year on a long-term sustained basis (533,000 gallons/year each for a total of about 4.9 acre feet), or about twice that of current use. The wastewater in the lagoons is disposed of by evaporation. The net evaporation rate in the Braman area is 57 inches per year. (See technical specifications for the Braman Wastewater Treatment Plant, Appendix H). The site does not discharge effluent to the waters of the State or U.S. In the bottom of the primary cells the sludge (the solids that drop out of the suspension) is consumed by anaerobic bacteria (bacteria that do not use oxygen gas). The lagoons require cleaning on a periodic basis, estimated at perhaps a 20-year cycle, to remove solids not consumed in the treatment process and will require replacement fencing sometime in the future.

3.2.3 Hydrology and Water Quality

The proposed site is located about two miles east of the Chikaskia River at its closest point; the Chikaskia River drains into the Arkansas River. The site is within the Arkansas River watershed of hydrological unit code (HUC) number 11060001. The groundwater level at the site is in the range from about 3 to 12 feet below the land surface. Rapid changes of a foot or two have occurred during recharge events, which is normal for small, shallow aquifers.

Hoyle (1987), and Hagen (1986) suggested that groundwater flow direction may be controlled by trees that grow just south of the parcel’s southern boundary. The water-bearing zone beneath the site is composed of clay loam and sandy clay loam that has a general transmissivity value of 4.7x10-2 cm/s (Bryan 1950).

The occurrence of groundwater in northern Kay County, the location of the Braman property, is controlled primarily by climate. The amount, frequency, and distribution of precipitation determines the amount and availability of water for recharging the various aquifers. The movement of water is controlled by the physical geology including the composition of the rock and the nature of the pores and cracks that allow water to move from point of recharge to point of discharge (Bingham & Bergman, 1980).

Many residents of Braman and Kay County rely on surface water for their drinking water supply. Groundwater is the source of about 40% of the water for all purposes, exclusive of hydropower and electric power plant cooling (USGS, 2006). There are roughly 400 groundwater wells in Kay County that are used for multiple purposes including as a source of drinking and irrigation water. The shallow aquifers on the Braman property however are inadequate to provide a water supply to the travel plaza and have not been developed.

The principal aquifers south of the proposed site and the town of Braman are in the alluvium and terrace deposits along the Chikaskia River and in sandstone units in bedrock. Because of the similarity of the water bearing character of alluvium and terrace deposits, they are referred as to alluvial aquifers. The proposed site falls on a minor aquifer that includes shale, sandstone, thin alluvium, and terrace deposits. The alluvium aquifer is composed of silt, clay, and fine sand, with coarse sand and gravel at the base. Well yield in the alluvial aquifer ranges from 150 to 600 gallons/minute at 10 to 25 feet depth (Bingham & Bergman, 1980).

There are no known water quality problems near the Braman property. Generally, precipitation reaching the northern portion of the parcel that does not evaporate or is not absorbed into the ground will run off toward the intermittent Dry Creek to the east of the property. Precipitation on the southwestern portion of the property not evaporating or being absorbed will run off toward the southeast, reaching Dry Creek. The creek transits a private farm to the east of the Braman property. Residues from oil on the pavement as well as soil can wash toward Dry Creek during events with sufficient precipitation. The amount, however, would need to be small since Dry Creek, an intermittent creek, is not an impaired water body according to the Oklahoma Department of Environmental Quality’s listing of impaired water bodies. (There are multiple “Dry Creeks” in Oklahoma, several of which are impaired, but the Dry Creek in Kay County adjacent to the Braman property is not listed as an impaired water body) (Oklahoma Department of Environmental Quality, 2008 Integrated Report, Appendices B and C, available at www.deq.state.ok.us/wqdnew/305b_303d/index.html under 2008 Integrated Report).

The Chikaskia River, into which water from Dry Creek eventually flows is classified as impaired due to enterococcus, e coli, fecal coliform, turbidity and lead, with the primary sources being grazing in riparian or shoreline zones, rangeland grazing, wildlife, municipal point source discharges, septic systems, and highway runoff. (2008 Integrated Report). The Braman property would, at most, be a de minimus contributor to the last category. This is unlikely, however, since the primary source of lead from highway runoff generally is from very old pavement still in place from when most gasoline contained lead. The driving and parking areas at the travel plaza were repaved in 2002 in conjunction with rebuilding the facility and therefore would not be a lead source.

3.2.4 Flooding

The project area is situated outside of the 500-year flood plain. Flood risks at the site, therefore, are considered remote. The Chikaskia corridor approximately ½ mile west of interstate 35 includes farmlands and rangelands subject to flooding. Major flooding can occur in that area during the months of March through December during periods of heavy rain. Floods usually occur along the Chikaskia River and where the Chikaskia River joins the Arkansas River. There have been 5-10 federally declared flood occurrences in Kay County since 1990.

Kanza Travel Plaza

Figure 3.4 Braman Area Flood Map (Appendix Q)

The major environmental concern is to avoid risking lives and loss of property that results from occupying a flood plain, and to avoid losing the beneficial values of flood plains. The Braman property does not occupy a flood plain and the activities at the property pose no threat to the environmental values of the nearby flood plains. Because of the property’s small footprint in a watershed consisting of tens of thousands of acres of farmland, the effect of the impervious parking areas on offsite flooding potential is considered to be de minimus.

3.3 Air Quality

Atmospheric conditions such as wind direction, wind speed and the air temperature determine the rate and extent of distribution of pollutants, if any, from local sources. According to Oklahoma Mesonet (a network of weather monitoring stations) studies, the prevailing wind blows from the south to northwest and can carry particulate matter.

The six criteria pollutants applicable to Kay County with potential risk to human health are: carbon monoxide, ground level ozone, airborne particulate matter, lead, oxides of nitrogen, and sulfur dioxide. These pollutants are measured for compliance in Kay County and can be generated from power plants and petroleum-based industries about 30-40 miles south of the property (ODEQ, 2004). According to the Intertribal Environmental Council (“ITEC”) monitoring stations at Chilocco (15 miles east of the proposed site) and the ODEQ data base, all of Kay County is designated as an attainment area. Table 3-2 compares the State and National AAQS with observed data from Kay County. The 2003 data are from the Intertribal

Environmental Council (“ITEC”) monitoring stations at Chilocco, 15 miles east of the proposed site and the ODEQ data base.

Table 3-2 State and National Air Quality Standards

Pollutant Av. Time SAAQS NAAQS Kay County Primary Standard Secondary Air Quality Data Standard 2003* Carbon 1hr 35 ppm 35 ppm Not measured monoxide 8 hr 9.0 ppm 9.0 ppm Ozone 1 hr 0.12 ppm 0.12 ppm 0.038 ppm 8 hr 0.08 ppm 0.08 ppm Nitrogen dioxide 1 hr N/A N/A 3.147 ppb Annual 0.05 ppm 0.053 ppm Sulfur dioxide 3 hr N/A 0.50 ppm Not measured 24 hr 0.14 ppm 0.14 ppm Annual 0.03 ppm 0.03 ppm Particulate matter 24 hr 150 µg/m3 150 µg/m3 37.16 µg/m3 3 3 (PM10) Annual 50 µg/m 50 µg/m Particulate matter 24 hr 65 µg/m3 65 µg/m3 Not measured 3 3 PM (2.5) Annual 15 µg/m 15 µg/m Lead Quarterly 1.5 µg/m3 1.5 µg/m3 Not measured

Source: U.S. EPA 2005. SAAQS = State Ambient Air Quality Standards NAAQS = National Ambient Air Quality Standards PPM = Parts Per Million µg / m3 = Microgram per cubic meter *ITEC 2003 Air Quality Monitoring Data

The EPA published a nationwide Conformity Rule on November 30, 1993, requiring that all federal actions conform to appropriate State Implementation Plans (SIP) established to improve ambient air quality. This conformity rule only applies to Federal actions in non-attainment areas. Non-attainment areas are those that do not meet one or more of the National Ambient Air Quality standards for the criteria pollutants designated in the Clean Air Act (CAA). The Braman area is in a designated attainment area and an EPA conformity determination is not required.

Primary standards are limits on pollutants adopted to protect the public health (health sensitive populations such as asthmatics, children and the elderly). Secondary standards are adopted to protect public welfare (protection against decreased visibility, damage to animals, crops, vegetables and buildings). Pollutant levels greater than the primary and secondary air quality standards are considered harmful to public health and for the environment. As shown in both Tables 3-2 and 3-3 Kay County is in attainment status for all air quality standards (See, also, figure 3.5).

Table 3-3 Kay County NAAQS Attainment Status

NAAQS Attainment Status Carbon Monoxide Attainment 1 hr Ozone Attainment 8 hr Ozone Attainment Nitrogen dioxide Attainment Sulfur dioxide Attainment PM10 Attainment PM (2.5) Attainment Lead Attainment Source: U.S. EPA 2005, Attainment = meeting or exceeding standards ITEC : 2003 Air Quality Monitoring Data

Figure 3.5 Counties Designated Nonattainment (Wikipedia, 2008)

The primary emissions source at the Braman property is the travel plaza which receives and dispenses gasoline and diesel fuel. Since the State of Oklahoma and Kay County are in attainment for all criteria air pollutants, inventories are estimated on a county-wide basis rather than by each source for minor emission facilities such as a single travel plaza. (Figure 3.4 and telephone communication with Morris Moffett, Manger, Emissions Inventory Section, Oklahoma Department of Environmental Quality, September 19, 2008, and subsequently (hereafter, Moffett 2008)). Transit emissions are a de minimus factor in estimating emissions at the travel plaza since most of the vehicles that refuel there are exiting from and returning to I-35, which involves an average of only a few hundred meters in additional distance. When measured, what is measured at a fueling station is the vapor escaping from filling gasoline storage tanks at the station, vapors escaping from the tank ventilation system, and vapors associated with pumping gasoline from the storage tanks to the gas tank of the vehicles. Vapors at refueling stations are usually measured in pounds per 1000 gallons, and relate to volatile organic compound (VOC) standards or reactive organic compounds (ROG) depending on the local terminology used (ROG measures somewhat more volatile vapor than VOC and is used in California; VOC is what is measured in Oklahoma and most of the rest of the U.S.). A summary of the analytic approach to air quality and related emissions tables is provided in Appendix P.

The Kanza Travel Plaza receives and dispenses approximately 1.2 million gallons of gasoline per year. The underground tanks at the travel plaza are outfitted with submerged fill tubes and Phase I vapor recovery systems as well as “in the pipe” nozzles at the pumps. These are standard requirements for Oklahoma gas stations (Moffett 2008). The Phase I vapor recovery systems collect 95% of displaced vapors. The State of California published a “screening” methodology for estimating emissions from gas stations in 1997. (Toxics Committee of the California Air Pollution Control Officers Association, Gasoline Service Station Industry wide Risk Assessment Guidelines, available at http://www.arbe.ca.gov/ab2588/RRAP-IWRA/gasiwra.pdf, May 15, 1997, (hereafter, Toxics Committee Report) and communication with David Camille, Conoco Phillips Consent Decree Coordinator, October 2008).

Using the methodology for a gas station equipped like the travel plaza and pre-1998 vehicles, the estimated vapor emissions are 9.30 pounds per 1000 gallons (Toxics Committee Report, Appendix A, Scenario 5B included in Appendix P of this FEA). The average annual VOC emissions, then, would be 5.6 tons per year (1.2 mg/y divided by 1000 x 9.3 = 11,169 lbs or 5.6 tons/year). Oklahoma uses the EPA-established national threshold screening levels for de minimus air emission sources of 100 tons/year each for VOC, NOx , and PM10 (Moffett 2008). For a rural area in Oklahoma, 5.6 tons/year of VOC would be far below the de minimus threshold level of 100 tons/year. This conclusion is reinforced by state practice in Oklahoma. Oklahoma does not regulate or require annual emissions reporting from travel plazas because the emissions for travel plazas are so far below the de minimus levels (Moffett 2008).

The above figures represent a very conservative calculation since EPA required all automobiles and light duty trucks built after model years 1999 and 2006, respectively, to have on-board refueling vapor recovery equipment (ORVRs, which are carbon canisters that absorb the vapors and then allow them to be burned later as part of the fuel mix). The ORVR requirements for automobiles and light duty trucks were phased in during the 1998-2000 and 2001-2007 model years, respectively. (Camille 2008). The ORVR systems are roughly equivalent to Phase II recovery systems (i.e., the familiar vacuum nozzles typically required at gas pumps in nonattainment areas in terms of capturing VOC). Vapor emissions drop dramatically with Phase II systems. The 9.3 lbs/1000 gallons, for instance, drops to 1.27 lbs/1000 gallons, or about one- seventh of the amount for older vehicles. (Camille 2008). This would equate to 0.8 tons/year of VOC emissions (5.6 tons/year divided by 7). As new vehicles are phased in, the de minimus emissions at the Kanza Travel Plaza are being further reduced and will eventually reach about one-seventh the pre-2005 level. It is estimated that about 50% of the current automobile and light duty truck fleet now has ORVR equipment, which results in a 50% reduction in the difference between the 9.3 lbs/100 gallons and the 1.27 lbs/1000 gallons of VOC emissions at refueling stations. (Camille 2008). Thus, the VOC emissions level is currently about 3.2 tons/year (5.6 – 0.8 = 4.8; 4.8/2 = 2.4; 5.6 – 2.4 = 3.2, all expressed in tons/year of VOC) and, when the fleet is fully phased in would be approaching the 1.27 lbs/1000 gallons figure (0.8 tons/year).

The Kanza Travel Plaza also receives and dispenses approximately 6 million gallons of diesel fuel per year. Diesel fuel is considered non-volatile and vapors are neither required to be reported nor measured at a service station. (Moffett 2008, Camille 2008 and Uncontrolled Emission Factor Listing for Criteria Air Pollutants, Eastern Research Group, Inc., for EPA’s Emission Inventory Improvement Program, July 2001, at 250, http://www.bifma.org/govt/pdf%20files/ Uncontrolled%20Emission%20Facto.pdf; the actual VOC emissions factor used is .03 lbs/1000 gallons of diesel fuel, which is a very small amount compared to the 9.30, 4.7, and 1.27 lbs/1000 gallon figures in the previous paragraphs for gasoline). Any air quality impacts at the travel plaza would be considered negligible.

3.4 Noise

The magnitude of the external noise environment at a site is determined by the value of the day- night average sound level produced as the result of the accumulation of noise from all sources. Day and night average sound level, abbreviated as DNL and symbolized as Ldn, is the 24-hour average sound level, in decibels, obtained after addition of decibels to sound levels in the night from 10 pm to 7 am (Environmental Review, 2006). The degree of acceptability of the noise environment at a site is determined by the sound levels external to the buildings or other facilities.

Table 3-4 HUD Noise Standards

Level Noise Acceptability Mitigation Measure Not exceeding 65 Ldn Acceptable None Above 65 Ldn but not exceeding Normally Acceptable including None required for commercial 75 Ldn commercial buildings buildings Above 75 Ldn Unacceptable for residential Needs HUD approval or EIS may purposes be required Source: Environmental Review Guide for Community Development Block Grant Programs, 2006

The U.S. Department of Housing and Urban Development’s “The Noise Guidebook”, 1991, was used to obtain an estimated day/night noise level (DNL) of 68.8 Ldn at the project site. The annual average daily traffic data for the Oklahoma Department of Transportation was used and the posted speed limits were assumed to be the average speed traveled (ODOT, 2008), (USHUD, 1991). The estimated noise level is considered acceptable for commercial facilities, such as the travel plaza, and does not exceed the unacceptable levels for residential areas.

An important consideration in evaluating noise impacts is the presence of sensitive receptors to noise. Apart from the existing travel plaza and office and the one house directly across U.S. 177 from the travel plaza, there are no nearby receptors. The nearest residential area is one mile away in the town of Braman. There are no schools, commercial facilities, or other homes near the Braman tract. The adjacent lands are the Interstate highway corridor, U.S. 177, and farmlands.

3.5 Underground Storage Tanks

There are three underground fuel storage tanks at the travel plaza, all of which were installed between 2000 and 2005. On February 2, 2006, Robert Largent from ITEC, accompanied by Kaw Nation Environmental Department staff and the General Manager of the Kanza Travel Plaza, conducted a compliance review of the Kaw Nation’s underground storage tank system at the Braman property. The team inspected the tanks, piping system, line leak detector, automatic gauging system, spill containment and overfill protection. Since the Kanza Travel Plaza is on fee land it is regulated by the State of Oklahoma Corporation Commission (OCC) which applies its underground storage tank rules. OCC conducted its most recent inspection on September 30th, 2008 (See Appendix I).

Tanks

At the time of inspection the Kanza Travel Plaza had three tanks in service, all of which are fiberglass reinforced plastic tanks:

• Tank #1 is a 20,000 gallon compartmentalized tank with a capacity of 12,000 gallon

unleaded gasoline and 8000 gallons of premium gasoline.

• Tank #2 is a 20,000 gallon tank that stores Diesel fuel.

• Tank #3 is a 20,000 gallon tank that stores Diesel fuel.

The inspection detected no leaks. Tanks #1 and 2 were about 6 years old at the time of the inspection; tank #3 had been installed approximately one year prior to the inspection.

Piping

The piping is a single-walled fiberglass pipe. A line tightness test was performed on January 26, 2006, and all lines passed the test.

Line Leak Detector

This is a pressurized piping system with automatic line leak detectors (ALLD). ALLD are tested annually to make sure they are operating correctly. The ALLD’s detect leaks of 3 gallons per hour.

Automatic Tank Gauge (ATG)

A Red Jacket Pro Max Automatic Tank Gauge with continuous statistical leak detection (CSLD) is used at the Kanza Plaza for release detection due to the high volume of throughput at the Braman site. To be in compliance with state requirements, inventory reconciliation has to be performed as well as CSLD. CSLD is a 0.2 gallon per hour test. Automatic tank gauges (ATG) must be certified by a third party to prove the ATG is compatible with the underground storage system. ATG’s detect at least 0.2 gallon per hour leaks with the probability of 0.95, and 0.05 false alarms. The ATG print out report that shows results of leak detection once every 30 days is available at Braman Plaza and shows that the underground storage system meets the state standards. The Braman Tank Summary, Inspection Report, and site design are in Appendix I.

3.6 Biological Resources

3.6.1 Vegetation

The northern part of Kay County, including the proposed site, is mainly dominated by mixed grass prairie in the ecoregion of the central Great Plains. The county is generally flat in the North and has undulating plains in the east. The predominant land use in north-central Oklahoma is cropland and grazing land in the Northeastern zone. The dominant crop around the project area is wheat and cotton followed by soybeans. The predominant vegetation or grass species described by ACOE, 2006, in Northern Kay County are bluegrass (Bouteloua gracilis), switchgrass (Panicum virgatum), aster (Aster spp), and little bluestem (Schizachyrium scoparium). Scattered tree vegetation along the Chikaskia River closest to the site (about seven miles) includes willow (Salix migrd), American elm (Ulmus americana), cottonwood (Populus deltoides), and others. The vegetation on the Braman property consists of mixed grasses that are periodically mowed. The only trees on the property are hedge apples along the southeastern boundary of the parcel and the adjacent farm.

3.6.2 Prime Farmland

Soil that is prime or unique farmland is defined in the Farmland Protection Policy Act (7 U.S.C.’s 4201-4209. The purpose of the Farmland Protection Policy Act is to minimize the effects of federal programs on the unnecessary and irreversible conversion of farmland to nonagricultural uses. The act does not apply to lands in, or committed to, urban development (i.e., 30 structures per 40 acres) or water impoundments. Caleb Stone, The Natural Resource Conservation Services District Conservationist, concluded that there are no prime farmland soils in the area where a gaming facility would be built (Caleb Stone letter to Guy Monroe, April 10, 2006, in the Comments Appendix). It should be noted that the tract has been in commercial use (motel and travel plaza) since well before 1990 when it was purchased by the Kaw Nation.

3.6.3 Wetlands

The purpose of wetland protection is to avoid, if possible, any long- and short-term adverse impacts associated with destruction or modification of wetlands. The unpaved portions of the Braman property grow perennial grass due to the moisture content of the soil, but contain no wetlands. The site is not registered by the ACOE as a place that requires dredge or fill approvals for the regulated waters of the United States and does not require a section 404 permit under the CWA.

Wetlands in the 48 coterminous states were defined in the food security act of 1985 as areas that have a predominance of hydric soils and that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation typically adopted for life in saturated soil conditions (National Food Security Act Manual, USDA, 1988). The U.S. Fish and Wildlife Service (FWS) has also developed a definition of wetlands used in the National Wetlands Inventory program. The federal definitions and criteria for identification of wetlands is set out in the Federal manual (FICWD) and the manual of current applications such as the 1987 ACOE Wetland Delineation Manual (ACOE, 1987). In this manual an area is considered a jurisdictional wetland only if the soils are considered hydric or water logged and 50% of the dominant plants found growing on the site are commonly found in wetlands.

Under Section 404 of the CWA, a jurisdictional wetland designator maybe applied which requires regulation of discharges of dredge or fill material in the water of the United States. Jurisdictional wetlands include navigable waterways, most lakes, rivers, streams, impoundments, wetlands, sloughs, prairie potholes, wet meadows, ponds and similar features that have an interstate or foreign commerce connection ( USACOE, 1992). Caleb Stone, the Natural Resource Conservation Service’s District Conservationist, concluded that the site contained no wetlands (Caleb Stone letter to Guy Monroe, April 10, 2006, in the Comments Appendix).

The sewage lagoons on the property are not considered wetlands because they are lined, manmade structures. They were constructed for the sole purpose of holding wastewater. The lagoons are not inundated by surface or ground water. The only source of water is wastewater and direct rainfall. The only hydric soils found on the site are in the lagoons themselves as a result of precipitation from the wastewater treated there.

3.6.4 Wildlife

Since the Braman property is a commercially developed parcel, it is not considered suitable habitat for wildlife. The southwestern portion of the parcel is covered primarily with mixed native grasses and can be assumed to be the home of such animals as voles, field mice, and

42 insects. Native big game species such as white tale deer have not been observed at the site, although they have been sighted in the trees south of the Braman property. Bald eagle, a protected species, is known to occur in Kay County. Bald eagles prefer tall trees for nesting and aquatic species for food, neither of which are found on or near the Braman property, and none have been sighted on the property.

The three endangered and threatened species identified in Kay County, Oklahoma, are the whooping crane, interior least tern and piping plover. None of the three has been observed on the Braman property. Kay County is part of the broad potential migration path for all three listed bird species and contains potential stopover habitat. Interior least terns favor islands or sandbars, with limited vegetation along large rivers for nesting, and prefer shallow water for fishing. Whooping cranes inhabit marshes and prairie potholes in the summer and coastal marshes and prairies in winter. Piping plovers nest on sandy beaches along the ocean or lakes, the bare areas of islands or sandbars along rivers, and pebbly mud of interior alkali lakes and ponds. Piping plover winter on algal, mud, and sand flats along the Gulf Coast, and islands in the Intracoastal Waterway. The habitats preferred by the three listed species do not occur on or near the site. In accordance with Section 7(a)(2) of the Endangered Species Act (ESA), the Kaw nation contacted the U.S. FWS requesting consultation to determine if the project site is in compliance with the Endangered Species Act. The Kaw Nation also prepared a biological assessment (Appendix I). Based on the assessment there is no significant impact on endangered species. The FWS has concurred with the Kaw Nation’s Department of Environment that the proposed action will have no impact to federally-listed or proposed species or their habitats. (Concurrence of Terry D. Whittaker, 9/23/2008, U.S. FWS, Oklahoma Ecological Services Office – see appendix C).

3.7 Cultural Resources

3.7.1 Aesthetic and Recreational Resources

The travel plaza provides little of aesthetic or recreational value although the travel plaza itself is an attractive, modern facility. It does provide fuel for recreational activities and to passing travelers. The travel plaza also provides a limited shopping opportunity. Caleb Stone, the NRCSS District Conservationist concluded that the project area contained no “unique” areas (Caleb Stone letter to Guy Monroe, April 10, 2006, in the Comments Appendix).

3.7.2 Historic and Prehistoric Resources

The National Historic Preservation Office (NHPO), the Oklahoma State Historic Preservation Office (SHPO) and the Oklahoma Archeological Survey were contacted to determine if there are any historic properties that would be affected by the construction of a gaming facility on the Braman property. The NHPO and the SHPO offices contacted the Kaw Nation Archeologist to assess for historic properties using ground penetrating radar. The Kaw Nation Archeologist has found no historic properties that would be affected by the construction of gaming facilities (Appendix K). The Kaw Nation has also received a confirmation letter from the SHPO and the Tonkawa Tribe of Oklahoma, the nearest neighboring tribe, which indicate that there will be no significant impact on historical properties as a result of construction of gaming facilities. (Appendix H).

3.8 Employment, Economy, and Welfare

Kay County, generally, is an area of declining population. Its population remained relatively unchanged between the 1990 and 2000 censuses (1990 = 48,056; 2000 = 48,080, U.S. Bureau of

Census) compared to a 9.7% growth in state population and a 13.2% growth in U.S. population during that period. Since 2000, there has been a relatively consistent year-to-year decline in the Kay County population with the July 2007 population estimated by the Bureau of Census at 45,638, a decline of approximately 5.1%. The larger share of the county population, approximately 53.9%, is located in Ponca City, 21 miles to the southeast (2000 Census data).

The nearby town of Braman is a small town with a total population of approximately 240 persons. The population of the region within a radius of 25 miles from the site is approximately 79,000 and the population within a 75 mile radius was about 894,000 in 2004 and was anticipated to increase to nearly 913,000 by 2009 (The Innovation Group Gaming Market Assessment, Appendix B). Table 3.5 shows population statistics for the town of Braman, Kay County, the State of Oklahoma, and the United States.

In 2004 there were 9,514 people living within a ten mile radius of the project site. Of these 7,040 were adults 18 years old and older. (The Innovation Group, 2005, Appendix B). The estimated average annual household income within this circle was $40,471 in 2004, which is below that of the State of Oklahoma and the United States (Innovation Group, 2005, Appendix B).

Table 3-5 Local Population Statistics (2000 Census)

Braman Kay Co Oklahoma United States Population 244 48,080 3,579,212 299,398,484 Population Per square mile 1,558.18 52.33 50.25 79.56 Percent Male 48 48.4 49.1 49.1 Percent Female 52 51.6 50.9 50.9 Percent Under 15 20.1 21.5 21.2 21.4 Average Age 38.95 38.43 36.51 36.22 Race and Ethnicity Percentages: White 85.7 84.2 76.2 75.1 Black or African American 0.4 1.8 7.6 12.3 American Indian and Alaska Native 6.6 7.5 7.9 0.9 Two or More Races 7.4 4.0 4.5 2.4 Hispanic or Latino 3.3 4.3 5.2 12.5

The Census of 2000 indicates that 9.2% of Kaw members residing in Oklahoma were unemployed (US Census, 2000). In comparison, estimates from the same Census reveal that about 2.1% of Braman residents were unemployed (US Census, 2000b), and about 5.3% of all Indians living in Oklahoma were also without jobs (US Census, 2000c). The Braman area does not have sufficient economic resources to employ a larger share of its residents. Instead, Nation members and other residents must either move or travel from the Kaw statistical/service area to work. Studies have shown that area residents travel to other areas within the region for employment. Census estimates indicate that, on average, area residents travel twenty-three minutes to work each day (US Census, 2000d).

Annual unemployment rates for Kay County and Oklahoma are shown in Table 3.6, below. Kay County has generally experienced greater average unemployment than the state average. Kaw members also earn less income than other Indian persons residing in Oklahoma. In 1999, the median income for Kaw members was $30,893 (US Census, 2000c). In comparison, the median income for all Indian persons residing in Oklahoma was $33,300, about $2,400 more than members of the Kaw Nation (US Census, 2000c). Census data indicate that 17.6% of the Kaw residing in Oklahoma live below the poverty level (US Census, 2000c), while only 10% of

Braman residents do (US Census, 2000d). About, 18.1% of Kaw children under age 18 live below the poverty level (US Census, 2000c) while only 5% of children living in Braman under age 18 live below the poverty line (US Census, 2000d). While the poverty rate in Oklahoma, like that of the U.S. as a whole, dropped over the 1990s, Oklahoma's poverty rate remains higher than the national rate (www.epinet.org, 2008). Economic conditions in north-central Oklahoma have not enjoyed a significant improvement due to the predominantly rural and under-populated character of the region. Poverty rates in Kay County surpass the national rate with an estimated 12.75% of families living below the poverty line (National Poverty Center, 2008). The area around Braman, in particular, suffers from a stagnant, homogenous economy with above average poverty rates and an income average well below the national average. According to the 2000 Census the median household income for Braman’s 240 residents was $27,841, more than $14,000 below the national average (US Census, 2000a).

Table 3-6 Area Unemployment

Area Unemployment Rates (%) Year Kay County Oklahoma 2000 4.3 3.1 2001 4.1 3.7 2002 5.8 4.8 2003 6.9 5.6 2004 6.2 5.0 2005 5.7 4.5 2006 4.9 4.1 2007 4.6 4.3 (Oklahoma Labor Force Data, USDA Economic Research Service, 2008)

There are several clinics and a hospital close to the proposed site. Non-life threatening medical problems can be treated at these nearby clinics the (Table 3-6). More serious cases can be treated at the Ponca City Hospital, 33 miles southeast of the Kanza Travel Plaza.

Table 3-7 Medical Health Service Facilities

Health Service Facility County Distance from the Project Site in Miles. Ponca City Hospital Kay 21 Newkirk Clinic Kay 17 Blackwell Clinic Kay 9 Tonkawa Clinic Kay 20 Wichita Hospital Kansas 55 Otto Missouria Clinic Noble 43

The Kaw Nation law enforcement officers have full authority to control criminal activity in Kaw jurisdictional areas. Kaw Nation law enforcement personnel provide 24-hour, seven-day-a-week patrol service for Kaw Nation lands and facilities. This coverage includes patrol services for the Braman Property. The Nation’s law enforcement officers and the County Sheriff’s officers have a common radio band over which to communicate and they work together with a common goal of patrolling the area for health and safety purposes. State Troopers are also available to back up the Sheriff's officers.

Fire Services are provided by the town of Braman Fire Department through a cooperative agreement with the tribe that includes the proposed project area (Appendix C). The Fire Department of the town of Braman is located within the Braman Municipality Office. The Fire Department is staffed by volunteers and is managed by two (2) fulltime employees of the municipality. The Fire Department has three (3) trucks to transport water to fires. The Fire Department is located a mile away from the project area. Backup fire protection service is located nine miles south of the project area in the City of Blackwell.

The town of Braman’s Fire Department is well equipped with computers and disseminates information on weather conditions through the local TV Channel and Radio bands. The Kaw Nation Emergency Management Officer worked for the Braman Fire Department for over 20 years before he went to work for the Nation. This previous working relationship has been an asset in maintaining good coordination with the Braman Fire Department.

The Braman school system is small with a total district population (children and adults) of 700 (2000 data). The ethnic makeup of the schools is 40% Caucasian, 2% Asian, and 57% Native American. Sixty percent of the students were eligible for fee-reduced lunches in 2000. There were 131 students enrolled in Braman schools in the fall of 1999; this had dropped to 120 in 2004 with 71 students in elementary and 49 students in high school (student/teacher ratios of 16.5 and 7.8, respectively) (http://schools.publischoolsreport.com/Oklahoma/Braman.html) and, for the 2008-09 school year, had dropped further to 75 students (communication with Braman School District, October 7, 2008). Performance benchmarks for Oklahoma Core Curriculum Tests were met for math, science, reading, and writing, but not for history, geography, and the arts, at both the fifth and eighth grade levels (School Report Card, 2008).

The potential gaming facility is central to Braman’s desire to attract vacationers drawn to the casino. Braman has made infrastructure improvements including drinking water system improvements. The town of Braman also has plans for further infrastructure improvements, including upgrading its wastewater treatment facility (USEPA, 2006).

Housing in the immediate area is somewhat limited but development should easily keep up with demand. Currently three homes are for sale in Braman, ranging in price from $28,500 to $310,000. Nine miles away, in Blackwell, OK, there are twelve homes for sale, with a median price of $36,000 (Trulia, 2008).

Environmental justice is defined by the US EPA as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies” (USEPA, 2008). This FEA addressed environmental justice through the involvement of all parties who might be affected. The Kaw Nation has and will continue to work closely with all adjoining jurisdictions to insure that the same degree of protection from environmental health hazards and access to the decision making process is afforded to everyone. For example the public notice in appendix M gave everyone an opportunity to have their concerns about the fee- to-trust conversion heard. The facilities at the Braman property do not displace or adversely affect minority or other classifications of people. The Kaw Nation has an employment preference policy for members of Indian Tribes, who generally reflect higher unemployment rates and lower incomes than the general population, both at the national level and in Kay County.

3.9 Transportation

The Braman property is served directly by U.S. 177 for which its right-of-way forms the northern boundary of the property. The principal source of traffic, however, is from Interstate 35 with trucks and cars leaving the interstate to be refueled and the occupants for stops at the travel plaza restaurant and convenience store. The seven-unit motel generates little traffic. The right-of-way for Interstate 35 and its north off ramp form the western boundary of the Braman property. The north and south exits from the interstate are controlled by stop signs with no evidence of delay in accessing U.S. 177 (Russell, 2008, Appendix L). Similarly, the three exits out of the travel plaza area onto U.S. 177 are controlled by stop signs with no evidence of delay in accessing U.S. 177 heading either east or west (Russell, 2008, Appendix L).

Traffic numbers for Kay County, Oklahoma, in 2006, are reported here and in Figure 3.6. The annual average daily traffic count on I-35 south of state highway 177 is 15,000 vehicles, and 14,567 north of Highway 177. On Highway 177 the numbers are 880 vehicles east of I-35 and 1,300 west of I-35. These numbers were developed by the Oklahoma Department of Transportation Planning and Research Division. The 2006 numbers are consistent with previous years. The Kanza Travel Plaza would continue to serve the travelers on I-35 and Highway 177.

Figure 3.6: 2006 Traffic Data Kay County; OK (ODOT, 2008)

The Kaw Nation had a Traffic Impact Study conducted by Wayne Russell P.E., PTOE, Oklahoma P.E. #16030 and CA # 1160, with Traffic Engineering Consultants, Inc. The Russell firm conducted a 24 hour traffic monitoring study in May 2008, the results of which are summarized here in Figure 3.6, and in more detail in Appendix L. Figure 3.7 emphasizes existing peak hour traffic since that controls the greatest amount of potential traffic delay in accessing U.S. 177 from either the Interstate or the Braman property and the signage requirements for limiting the amount of delay. The study classified all intersections in the “A” rating category, the best “level-of- service category,” with an average control delay per vehicle of between 1 and 10 seconds. Any rating of “D” or better is considered acceptable (reflecting an average control delay per vehicle of less than 35 seconds (Russell, 2008, Appendix L).

Figure 3.7: 2008 Existing Traffic Patterns (Peak Hour and Total Daily)

3.10 Solid Waste Service

Tribally owned hotels, motels, casinos and bingo halls have the potential to generate large amounts of solid wastes including food waste, glass containers, metal cans, plastics, paper, and cardboard. Hotel and casino managers have also found that waste prevention reduces purchasing costs and disposal fees. Waste prevention not only protects the environment but also increases economic benefits. All solid wastes from the proposed site are transported to the Blackwell- Davis Landfill, about nine miles south of the proposed site. The Kanza Travel Plaza and the Southwind Casino (Kaw Nation’s current gaming facility) use trash compactors to minimize the volume of solid waste transported to the landfill site. Figure 3.8 shows the compactor at the Kanza Travel Plaza. The manager of the Blackwell-Davis landfill reported that the landfill processes about 100 tons of solid waste per day, has capacity at the landfill for at least the next 20 years, and has additional land on which to construct a new landfill when the existing site is closed (Personal communication with Jim Davis, Manager of the Blackwell-Davis Landfill). 100 tons of solid waste per day equates to about 333 cubic yards/day, or about 121,545 cubic yards per year. The existing travel plaza/motel complex produces approximately 360 cubic yards of solid waste per year as shown in table 3-8, below.

Figure 3.8: Trash Compactor at Kanza Travel Plaza

Table 3-8 Solid Waste Breakdown for Existing Facilities at Braman Property Waste Type Annual Disposal (yd3) Trash 263 Cardboard 36 Paper 29 Tin / Aluminum 18 Glass 14 Total 360

In this section environmental consequences are described for the three alternatives actions. The construction and the operations of the proposed project are not expected to result in significant environmental

effects.

SECTION 4.0 ______Environmental Consequences

See Tables 2-3 and 4.6 for comparisons of alternative actions and summaries of environmental impacts. Cumulative effects for some environmental resources – especially air quality and traffic – are addressed in this section and then are summarized in Section 5.

4.1 Alternative 1: Kanza Travel Plaza Only (No Action or Trust-Only Alternative)

Section 2.2 describes the Kanza Travel Plaza Alternative, which covers continued operation of the travel plaza and small motel/administrative office complex in its current configuration under a fee- to-trust decision, but without a favorable Section 20 determination as to the land’s eligibility for gaming purposes. As observed in Section 2.4, the environmental effects of Alternative 3 would be the same as Alternative 1. This description of the effects of Alternative 1, therefore, should be considered to also encompass Alternative 3. Also, Alternative 1 essentially is part of the existing environment. Much of the data and analysis backing up the descriptions of environmental effects, therefore, can be found in Section 3, which describes the existing environment. It is possible that some other use for the office/motel portion of the property would develop in the future, but what that use would be and when it might occur would be highly speculative at this point. The property’s location on an interstate highway provides a good market for the travel plaza and would provide easy access for a gaming facility that would draw people to the location. But, the sparse population and lack of other commercial development or tourist attractions in the immediate area severely limits options for future economic development of the site.

4.1.1 Land Resources

4.1.1.1 Topography

Under Alternative 1 the property would not be eligible for use for gaming purposes. Existing uses of the parcel would continue, which would result in no change to land resources. Under Alternative 1, there are no plans for changing the configuration of the travel plaza or re-grading any portion of it. No construction-related environmental effects would occur.

4.1.1.2 Geology

The geology of the site would remain intact. The present structures on the site would remain unlikely to be affected by geologic hazards.

4.1.1.3 Seismology

The site will remain susceptible to minor earthquake activity in the area; however the current structures are single story and are in the lowest earthquake hazard zone in Oklahoma. (See

Section 3.1.3). Oklahoma, itself, is not considered a high risk area for earthquake hazards compared to the coastal and mountain areas of California, the Puget Sound trough in Washington, the New Madrid area of Missouri and a number of other areas of the U.S. As identified in Section 3.1.3, the general area is along the Nemaha/Central Oklahoma Fault Zone and has experienced minor earthquakes that are generally not felt. No damage from such a quake has been identified on the site or in the north-central Oklahoma area.

4.1.1.4 Mineralogy

It is not known if mineral resources occur on the property, but none are used. (See Section 3.1.4). There is a possibility of oil or gas resources under the site, but none have been developed on the adjacent properties and the Kaw Nation has no plans to explore for them. Any such resources would likely remain untapped due to the presence of the buildings and parking lots currently on the site and the small size of the property. Oil fields are present about one mile northwest and one mile southeast of the proposed site, but not in the immediate vicinity. The gravel and sand resources at the site would also remain unavailable for use. There are ample, developed sand and gravel resources elsewhere in Kay County.

4.1.1.5 Soils

Soils on the site would remain covered by the existing parking surface and native grass turf. Erosion from the site is currently minimal and would be expected to remain minimal. The USDA soil survey classifies the site’s soils as having a low shrink and swell potential, meaning they are stable and are likely to remain unchanged (See Section 3.1.5).

4.1.2 Water Resources

4.1.2.1 Water Supply

Table 4-1, below, identifies water usage at the Braman property. As described in Section 2.1 and 3.2, potable water is supplied from Blackwell Rural Water Supply and there is a relatively high demand for water in the Blackwell Rural Water Supply service area during the summer. The water supply has been interrupted by line breaks about five times in the past seven years and there is some concern that emergency supplies could be inadequate in a fire emergency. The longest interruption in water service was about 36 hours. (communication with J.E. Miller, Kanza Travel Plaza manager). This length of outage was unusual, however, and resulted from a pipeline break away from the property caused by flood damage. The existing water system uses only about 25% of the water available to it, so it could be expanded significantly if uses were developed for it. (See Section 3.2.1). The operation at the current travel plaza and motel do not stress the water delivery potential of Blackwell Rural Water Supply (See Section 3.2.1).

Table 4-1 Water Usage and Wastewater Alternatives Water Usage Wastewater (gallons/year) (gallons/year) Alternative 1 1,485,300 786,807 Alternative 2 4,207,350 2,228,757

As described in Section 2.1, “Current Plans for Water Supply” and 3.2.1, the Kaw Nation is constructing a 500,000 gallon water tank on the Braman property that will firm up supplies for the existing facilities (travel plaza and office) at the Braman property as well as any potential

51 gaming facility that might be built on the property. The water tank construction is projected to be completed during the winter of 2009-2010. The reserve capacity of the water tank is such that it would provide a 4 month back-up supply if used only for the Kanza Travel Plaza and motel/office, an amount far in excess of what is needed to provide emergency water supplies under Alternative 1 (500,000 gallons is about one-third of 1,485,300 gallons; 1/3 is 4 months). This compares with the longest previous outage which was about 36 hours (See Section 3.2.1).

Arrangements are being discussed with Blackwell Rural Water Supply to help it firm up water supplies to rural areas north and east of the Braman property and the town of Braman by using some of the reserve capacity of the water tower (See Section 3.2.1). The water delivery system to that rural area has pressurization problems. Blackwell Rural Water Supply is planning to increase its delivery capability in the area and use a net metering approach with the Kaw Nation’s water tower to allow the water tower to firm up the water pressure in the northeastern rural area. A side benefit of Blackwell Rural Water Supply’s plan to use the improved system pressurization resulting from the water tower is that they plan to provide standpipes in the rural area to refill fire trucks fighting fires. The water tower will also have sufficient reserve capacity to help firm up water supplies for the town of Braman if future developments are proposed that exceed its current supplies and reserve capacity and will also provide a quick refill capacity for the Braman fire trucks that will benefit in-town firefighting.

4.1.2.2 Wastewater

Wastewater generated at the site consists of sewage water from restrooms and restaurant sinks at the travel plaza and sinks and showers at the office/motel building, as well as from the shower service provided to truckers at the travel plaza. The volume of wastewater for Alternative 1 is provided in Table 4-1, above. The approximately 800,000 gallons of wastewater is treated at the lagoon system at the far southern end of the Braman property. That system has a minimum capacity of approximately 1.6 million gallons per year on a sustained, long-term basis – at least twice the level of current use. (See Section 3.2.2). Wastewater would continue to be treated in the sewage lagoons onsite as they are adequate to handle the continued operation without expansion and with excess capacity to spare. The lagoons will require fencing and periodic cleaning, estimated by the Kaw Department of Environmental Quality to be required not sooner than about every 20 years. Cleaning involves the removal of and proper disposal of solid materials not removed by anaerobic bacteria, the common means of eliminating sewage solids at waste treatment plants. The non-consumed solids would be disposed of along with other solid waste at the Blackwell-Davis landfill (described in Section 3.10). This is done to extend the operational life of the lagoons. Fencing of lagoons is done to discourage the use of the lagoons by wildlife and to protect human health. The lagoons are lined, protecting the groundwater from contamination and the lagoons from intrusion of groundwater.

4.1.2.3 Hydrology and Water Quality

The hydrology of the Braman property results in surface flow to Dry Creek during storm events. Dry Creek is an intermittent creek located on farmland east of the northeast boundary of the Braman property. The creek is not listed as an impaired watercourse for any purpose by the Oklahoma Department of Environmental Quality (See Section 3.2.3). A majority of the northern third of the property is a paved parking area with an impervious surface. There is, thus, minimal recharge to the shallow local groundwater aquifer. Alternative 1 would not change the amount of impervious surface and thus would not change the hydrology. The water quality of the local intermittent streams could potentially be degraded slightly by transport of pollutants (dried oil) from the parking areas by stormwater as is the case for all highways and parking areas. There is no evidence of this creating a water quality problem in the local streams, however,

52 and it is considered to be a de minimus risk by the Kaw Nation Department of Environmental Quality since Dry Creek is not an impaired water body under existing operations and the travel plaza has been in existence for many decades (See Section 3.2.3). The wastewater lagoons are lined and therefore isolated from the hydrology of the site and provide no contaminants to either the surface or subsurface water. There is no reason to expect significant adverse water quality effects from operation of the existing facilities at the Braman property.

4.1.2.3 Flooding

The Braman property is located outside of the FEMA 500-year flood zone and has minimal risk of flooding. Alternative 1 does not change the property’s flood risk. Considering that the travel plaza and motel complex have a very small footprint and are in an area of tens of thousands of acres of farmed land, its contribution to offsite flood risks would have to be considered de minimus.

4.1.3 Air Quality

Kanza Travel Plaza. The principal current emissions source at the Braman property is the Kanza Travel Plaza which receives and dispenses gasoline and diesel fuel; those emissions would continue at the current level. Vapor emissions (i.e., VOC) at the travel plaza are estimated at about 3.2 tons/year currently and will decline toward .8 tons/year as vehicles are phased in to the national vehicle fleet with on-board refueling vapor recovery (ORVR) equipment. (See analysis in Section 3.3). ORVR equipment is required for all cars built starting with the 2000 model year and for all trucks starting with the 2007 model year and, in both cases, were phased in over several years prior to that. Emissions per 1000 gallons of gas at gas stations nationwide are declining as older vehicles are retired and new ones enter the vehicle fleet. Over time, the 3.2 tons/year would decline to about 0.8 tons/year as new vehicles meeting the 2000 and 2007 ORVR standards are phased in and older vehicles are phased out. (See analysis of this effect in section 3.3). This would be considered a de minimus quantity of emissions and of negligible effect when compared with the National EPA and Oklahoma DEQ de minimus threshold of 100 tons/year for VOC.

Cumulative Effects. Over time, as new vehicles are phased in, emissions would decline from the 3.2 tons/year level, reaching about 0.8 tons/year when the pre-2005/2007 fleet had been retired. (See analysis in Section 3.3) This level of emissions is about one quarter of the current level of about 3.2 tons/year. There is no reason to expect the emissions under Alternative 1 to be significant and there is, thus, no likelihood that implementation of Alternative 1 would change the current attainment status of Kay County. This conclusion is reinforced by state practice in Oklahoma. Oklahoma does not regulate or require annual emissions reporting from travel plazas because the emissions for travel plazas are so far below the national de minimus levels, which apply to Oklahoma (Moffett 2008).

Diesel fuel received and dispensed at the travel plaza is a negligible source of air emissions at the travel plaza. Diesel is considered non-volatile and is not required to be measured or reported at the fuel station level (Moffett 2008; Camille 2008; Section 3.3). It should also be noted that most vehicles refueled at the Kanza Travel Plaza are travelling on I-35, and stop at the travel plaza when it is time to refuel. If the travel plaza were not available, the vehicles would be refueled at an earlier (typically) or later stop, and whatever vapor emissions occur at the travel plaza would simply occur at a different refueling stop.

Carbon Dioxide. Vehicle emissions are produced from traffic visiting the travel plaza. An estimate of the carbon dioxide (CO2) released from vehicles visiting the current site was generated using the USEPA calculation for the amount of greenhouse gas from a passenger car per year. The estimate of 63 vehicles per peak P.M. hour visiting the site (Russell, 2008) would -3 generate 4.47 x 10 metric tons of CO2 per mile. Most of the vehicles using the travel plaza are simply exiting from Interstate 35, refueling, and continuing on their way, so their incremental mileage is about 440 meters (averaging the north- and south-bound traffic). Traffic from Braman to the travel plaza is limited since there are two gas stations in town, but mileage would only be approximately 2 miles per round trip. Using a conservative estimate of an average of two miles per vehicle stopping at the travel plaza, 0.56 metric tons of CO2 would be released per peak hour (USEPA, 2008c). Carbon dioxide emissions are significant only on a worldwide scale since the concern is with global warming and climate change. The Carbon emissions at the travel plaza are a negligible portion of the 27 billion metric tons produced annually on a worldwide basis, and would have no impact. Additionally, the vehicles refueling at the travel plaza would otherwise refuel elsewhere. Most typically, this would simply be at another travel plaza along the interstate and the additional emissions would be about the same.

4.1.4 Noise

Noise ratings on the order of 68.8 dB will continue to be present at the site due to the proximity of two major highways -- Interstate 35 and Highway 177. This rating falls into the normally acceptable range for commercial properties and does not reach the unacceptable level for residential areas. There is only one noise receptor in the vicinity of the Braman property, which is a house just across U.S. 177 across from the travel plaza to the northeast. Alternative 1 will not increase noise levels at the project site. Highway traffic, the majority source of noise at the site, will remain relative constant.

4.1.5 Underground Storage Tanks

The three underground storage tanks at the Braman property are in compliance with the requirements of the Oklahoma Corporation Commission (OCC), the state agency regulating USTs in Oklahoma. (The OCC publishes only a non-compliance list; the Kanza Travel Plaza is not on it; communication with JE. Miller, Manager, Kanza Travel Plaza. There would be no change in their status. Whether or not a Section 20 determination is made to allow gaming activities on the Braman property, the Tribe would be responsible for underground storage tank inspection if the land is placed into trust. The Intertribal Environmental Council (ITEC), an EPA-funded organization set up by a consortium of Indian tribes, would assist the Nation with the inspection and management of the underground storage tanks on the property. ITEC currently has a contract to conduct inspections of the tanks and the fill/use records. Standards equivalent to those of the OCC would be maintained by the Kaw Nation Department of Environment.

4.1.6 Biological Resources

4.1.6.1 Vegetation

Under the No-action Alternative the existing vegetative resources would be unaffected either positively or negatively. The existing vegetation between the motel/office building and the wastewater lagoons is native grasses and other native plants. There is no reason to expect that to change. Continued operation of the travel plaza would continue to limit habitat opportunities (See Section 3.6.1).

4.1.6.2 Prime Farmlands

There are no prime farmlands on the Braman property, so continued operation of the travel plaza under Alternative 1 would have no effect on prime farmlands (See Section 3.6.2).

4.1.6.3 Wetlands

There is no wetlands habitat on or near the Braman property. That would not change under the No Action Alternative (See Section 3.6.3).

4.1.6.4 Wildlife

The limited habitat under the No Action Alternative prevents significant wildlife habitation of the site (See Section 3.6.4). There are no threatened or endangered species found on the property or adjacent areas and there are no known adverse effects on endangered or threatened species from the level of activities currently occurring on the property. Wildlife conservation opportunities would remain limited, though not actively discouraged. The U.S. Fish and Wildlife Service has concurred in the conclusion that there would be no impact to federally-listed or proposed species or their habitats from the proposed action which would include the travel plaza and a gaming facility (see August 23, 2008, approval by Terry Whitaker, U.S. Fish and Wildlife Service, Appendix D). By implication, there is no adverse impact from the travel plaza alone.

4.1.7 Cultural Resources

4.1.7.1 Aesthetics and Recreational Resources

The travel plaza currently provides little of aesthetic or recreational value, although the travel plaza building itself is considered an attractive, modern facility and is only seven years old. Under Alternative 1, the aesthetics and recreational resources at the Braman property would remain unchanged.

4.1.7.2 Historic and Prehistoric Resources

There are no cultural or historic resources associated with the property and no impacts on cultural or historic resources would be expected from Alternative 1 (See Section 3.7.2).

4.1.8 Socioeconomic Conditions

Employment at the travel plaza and motel would remain constant at its current level of 30 employees. Alternative 1 would do nothing to relieve the surrounding area’s declining population or relatively low average annual income, which are linked, among other things to its higher than average rate of unemployment. Kay County has consistently experienced one of the highest unemployment rates within the state of Oklahoma (US Bureau of Labor Statistics, 2004). In 2000, Kay County reported an unemployment rate of 5.7% — nearly twice the statewide average for Oklahoma (US Bureau of Labor Statistics, 2004). Statistics acquired from the latest Census reveal an urgent need for job creation in the Nation’s statistical service area which encompasses most of Kay County, Oklahoma, including the town of Braman. Since the 2000 Census, the U.S. Census Bureau estimates that Kay County has lost about 5.1% of its population, declining from about 48,080 to 45,638 compared with a 4.8% increase for Oklahoma as a whole (County census

55 tables for Kay County, OK, with the state totals from July 2007 at http://www.census.gov/popest/counties/tables/CO-EST2007-01-40.cvs).

Under the No Action Alternative the property would not be eligible for use for gaming purposes. This would preclude the development and construction of a gaming facility on the parcel and deprive the Nation and the surrounding community of the positive economic benefits – both direct and indirect – that would be derived from such development. The opportunity for the creation of 200-250 permanent jobs would be lost as well as the potential for increased business activity and ancillary employment. The Nation’s opportunity to significantly increase its annual income by as much as $1.5 to 12 million would be lost as well as its ability to re-invest such revenues in further economic development and for services to tribal members. The prospects for commercial use of the unused portion of the Braman property – other than for constructing and operating a gaming facility – are extremely limited and the Kaw Nation has not identified any that appear promising.

The absence of the gaming facility would hinder community development plans of the town of Braman, which hopes to benefit if any tourist services could be generated there by a gaming operation at the Braman property (USEPA 2006). It is anticipated that housing availability and social services would not be impacted under Alternative 1. Kaw Nation Police would continue to provide services to the travel plaza, with backup provided by the Kay County Sheriff’s Department and town of Braman Police as needed. Under Alternative 1 no additional fire suppression service would be required and the Braman Fire Department would continue to provide fire protection and emergency services to the travel plaza under a 2004 agreement (Appendix C).

4.1.9 Transportation

Under Alternative 1 the property would not be eligible for use for gaming purposes and there would be no change in the level of traffic at the travel plaza. Current traffic data are presented in Section 3.9 and Appendix L. The current usage of the travel plaza is approximately 64 vehicles entering per hour during peak hours and the same number departing (Russell, 2008). The volume of traffic at the Kanza Travel Center is sufficiently light as to result in average control delays per vehicle of 0 to 10 seconds for vehicles either leaving the property. This places the intersections in the Level-of-service “A” category, which is the highest level of service for intersections without signal lights. The effect of the travel plaza/motel combination on traffic on U.S. 177 and I-35 is considered insignificant.

4.1.10 Solid Waste

The volume of solid waste produced at the site would be the least with Alternative 1. Approximately 360 cubic yards of compacted mixed trash per year is currently produced at the Kanza Travel Plaza. The breakdown of this waste is shown in Table 4-2. There is no expectation that this would increase under the No Action Alternative.

Table 4-2 Solid Waste Breakdown for Alternative 1 Waste Type Annual Disposal (yd3) Trash 263 Cardboard 36 Paper 29 Tin / Aluminum 18 Glass 14 Total 360

This amount of waste is a small percentage of the amount of waste disposed of in the Blackwell- Davis Landfill per year, which exceeds 120,000 cubic yards per year. That, the fact that the landfill has sufficient capacity to continue disposal at its current rate for the next 20 years, and the fact that the company has land for additional sites when the landfill is closed indicates that there should be no significant impacts on the landfill from continuing to dispose of the solid waste from the facilities in Alternative 1 at the landfill (See Section 3.10).

4.2 Alternative 2: Travel Plaza and Gaming Facility (Proposed and Preferred Alternative)

4.2.1 Land Resources

4.2.1.1 Topography

The general topography would not be significantly affected by the construction of the proposed project. While development of the project site would involve grading as well as cut and fill activities if a gaming facility is built, these construction activities are not anticipated to result in adverse effects to slope stability or significant change in land forms. Construction of a gaming facility on the proposed site would be replacing current and past structures in an area that is already paved and graded. Grading and additional paving would be required for the parking area to the south of the existing motel/administration building, but would be consistent with the southward sloping nature of that area. Specific mitigation activities would be determined as construction plans were developed, but would include a Storm Water Pollution Prevention Plan. This is further described in Section 4.2.2.3. Mitigation actions would include best management practices to prevent erosion during construction activities such as placement of surface water flow controls. Another mitigation action that would be used as necessary is the use of drainage ditches lined with gravel as a sediment trap. Once facilities were constructed, the amount of erosion on the property would be expected to be minimal, as is currently the case. There could be a slight increase in the amount of runoff from the property but it would be expected to have minimal impact on the intermittent channels leading to Dry Creek to the south, itself an intermittent stream that drains a large area of farm and rangeland.

4.2.1.2 Geology

The proposed construction would require grading activities for the project and parking lots. Considering the topography of the proposed site, the underlying bedrock (the sedimentary rock of marine and non-marine origin) would be unaffected by the construction. Because of the existing bedrock foundation material, it is unlikely that the facilities proposed would be susceptible to damage from any geological hazard.

4.2.1.3 Seismology

Ground shaking could result in damage and temporary closure of the facilities and access roadways, but seismic hazards related to ground shaking have not previously been experienced in North Central Oklahoma. The site is in the zone of lowest earthquake hazard in Oklahoma (USGS, 2008). There are no seismic hazards that would be expected to affect construction or operation of a gaming facility. Only two minor earthquakes have occurred near the site in the last ten years. Both were only recorded using seismic instruments and were not reported as felt or to have caused any damage (Folkworm, 2008). These earthquakes occurred along the Nemaha/Central Oklahoma fault Zone. This fault zone is relatively stable and produces only minor earthquakes (USGS, 2008).

4.2.1.4 Mineralogy

Construction of the proposed gaming facility and the parking lots would not result in the loss of any mineral resources likely to be developed. Oil wells occur about one mile to the northwest and one mile to the southeast from the proposed site. Oil and gas deposits are associated with the Nemaha/Central Oklahoma Fault Zone identified previously. Deposits of oil are known and in use from the fault zone including the Jennings oil field, Blackwell oil field, and Cushing oil field (McBee, 2003). Mineralogy of the site on the surface is quaternary gravel and sand. Both are mined on a small scale from the same formation in other areas of Kay County. The existing travel plaza does not adversely affect any of the mineral resources at the property, and the Kaw Nation has no plans for exploration or development of any mineral resources on the property.

4.2.1.5 Soils

According to the U.S. Department of Agriculture Soil Survey (USDA 1976), the proposed site location is classified as expansive with low shrink and swell potential. The construction of Interstate I-35 and Highway 177 can be cited as good examples that the natural soil conditions support construction activities. The project’s construction and operation would be expected to have no significant impact to the soils.

4.2.2 Water Resources

4.2.2.1 Water Supply

The travel plaza at the proposed site used approximately 1.5 million gallons of water in 2007. The Nation’s current gaming facility at Newkirk, Oklahoma, uses approximately 2.7 million gallons per year according to 2007 utilities data (Appendix G). It is estimated that a new gaming facility at the Braman property would use approximately the same amount of water as the Newkirk facility, for a total of approximately 4.2 million gallons of water per year (about 12.9 acre feet) at the Braman property (see table 4.1). The Kaw Nation, in close cooperation with the town of Braman and Blackwell Rural Water Supply, is in the process of installing a water tower with a storage capacity of 500,000 gallons and a scheduled completion during the winter of 2009- 2010 (See Section 2.1 and 3.2).

The Braman property’s water supply is provided by Blackwell Rural Water Supply. Blackwell Rural Water Supply advises that about 4 million gallons of potable water per day (about 12.3 acre feet) are currently provided to its customers and that only about 25% of the potential capacity of its available water source from the city of Blackwell is currently used (Telephone communication with J.D. Shoulek, Blackwell Rural Water Supply, September 2008). Blackwell

Rural Water Supply also advises that there is no issue in serving the Braman property with the combination of the travel plaza, gaming facility, and water tower. The additional water required for the gaming facility represents approximately .2% of existing supplies and .05% of the capacity of the Blackwell supply. (4.2 mg/day divided by 365 = 11,500 gallons/day rounded; the result is .2% of the 4 mg/d served by Blackwell Rural Water Supply and one-quarter of that, .05%, of the potential capacity). The impact of meeting the water needs of the facilities under Alternative 2, thus, are negligible and the addition of the gaming operation would not have any significant effect on the availability of water for other purposes.

The Kaw Nation has worked out plans with Blackwell Rural Water Supply to fill the water tower during periods of ample supply, including particularly during the night between 10 pm and 6 am, and will have a reserve capacity equal to more than three weeks supply to the combined travel plaza and gaming operation for the maximum water use forecast under Alternative 2 (Shoulek 2008). The greatest past interruption of supply at the existing travel plaza was approximately 36 hours due to an unusually problematic line break away from the Braman property that was a result of flood damage, so the reserve capacity is much more than sufficient to provide a continuous water supply to the facilities envisioned under Alternative 2 in case of a line break (See Section 3.2.1). It also would provide ample supplies of water in case of fire emergencies at the site (Section 3.2.1).

Arrangements are being discussed with Blackwell Rural Water Supply to help it firm up water supplies to rural areas north and east of the Braman property and the town of Braman by using some of the reserve capacity of the water tower. The water delivery system to that rural area has pressurization problems. Blackwell Rural Water Supply is planning to increase its delivery capability in the area and use a net metering approach with the Kaw Nation’s water tower to allow the water tower to firm up the water pressure in the northeastern rural area. A side benefit of the plan is to provide standpipes to refill fire trucks fighting fires in that rural area. The water tower will also have sufficient reserve capacity to help firm up water supplies for the town of Braman if future developments are proposed that exceed its current supplies and reserve capacity.

4.2.2.2 Wastewater

The Kaw Nation’s existing wastewater lagoon treatment system at the Braman property has a current, sustainable capacity of a minimum of 1.6 million gallons per year of wastewater over the long term (See Section 3.2.2). This is insufficient to meet the combined requirement of 2,228,757 million gallons per year or about 2.3 million gallons per year for the travel plaza and a gaming facility of 36,000 sq. feet under the larger facility scenario. (See Table 4-1). The increment of approximately 1.45 million gallons per year is an estimate by the Kaw Nation Department of Environment based on the larger but roughly comparable KEDA gaming facility in Newkirk (Appendix G). Current use of the lagoons from the travel plaza/motel complex is approximately 800,000 gallons per year (Table 4-1), leaving an excess capacity of at least 800,000 gallons per year. This leaves a shortfall at the three-lagoon facility of about 630,000 gallons per year.

To accommodate the difference under this scenario, a portion of the incremental wastewater would be piped to the Braman Wastewater Treatment Facility. (A schematic of that facility is shown below as figure 4-1; see also Appendix H). That facility has current excess capacity of 1.5 to 2.0 million gallons per year above its current use of approximately 6 million gallons per year and the facility has room for expansion (Mayor Johnston letter, Appendix H). The town of Braman is willing to use this excess capacity for the gaming facility (Johnston letter). The Braman facility, like the three-lagoon system, also uses an evaporative approach and has four

59 lined lagoons to assure that wastewater doesn’t interact with groundwater or reach surface water streams. There would be no discharge of any effluent to the waters of the United States. As such, there would be no adverse effect from treating the additional wastewater at the Braman site and the town of Braman’s facility.

Access to the Braman Wastewater Treatment Facility would require construction of a buried pipeline from the site to the treatment facility 1.5 miles directly to the south. This could be routed through open farmland or along highway rights-of-way and could be either a direct connection or could be a one-mile pipeline joining the wastewater lines in the town of Braman. Decisions such as this would be made at the time definitive decisions were made on the size of gaming facility to build and architectural design for that facility. For instance, at the 36,000 sq. ft. size, 800,000 gallons or more per year might be routed to the Braman town facility with the balance going to the three-lagoon system. The town’s treatment system has ample capacity to treat all of the wastewater from the largest gaming facility scenario. If a decision were made to build the smallest likely facility at the project site – approximately 9,000 to 10,000 square feet, there might be no need to use the town of Braman’s wastewater treatment facility. Options in between the two sizes could be easily accommodated. Pipeline construction would consist of routine trenching and backfilling as well as possible booster pumps although the town’s facility is at a lower elevation than the project site. Best management practices including spraying and a Storm Water Prevention Plan would be used to control dust and erosion potential. Neither wastewater treatment facility discharges any effluent to the waters of the State or the U.S.

Figure 4.1 Braman Wastewater Treatment System Configuration

4.2.2.3 Hydrology and Water Quality

Local and regional hydrological conditions would remain largely unchanged under Alternative 2. The limited groundwater resources would remain unused. The increase in impervious surface of approximately 3 acres at the Braman Property from extending the parking area by several acres would cause slightly less infiltration to groundwater. This is not considered significant since the local aquifer is small, shallow, and unused. It is also insignificant at an areal scale compared to

60 the tens of thousands of nearby acres of farm and rangeland in the watershed.

If construction of the proposed project is conducted during the rainy season, high storm flow could occur which could contribute on a short-term basis to lowered water quality in the local area. The construction of the proposed project would have a minimal effect on erosion. Mitigation actions during construction to minimize adverse water quality effects would include runoff ditches or ponds constructed to control runoff water before it drains into the nearby intermittent creeks. The extension of the parking lot would also increase the amount of runoff during storm events following construction of a gaming facility.

A Storm Water Pollution Prevention Plan (SWPPP) would be developed during the construction planning portion of the project and implemented for actual construction and subsequent operation of a gaming facility and parking area. This would include application of best management practices. Depending on the construction plans and the size of the project, a storm water permit may or may not be required. Generally, a project larger than one acre requires a stormwater permit. The EPA document “Developing Your Storm Water Pollution Prevention Plan” would be used in the preparation of the SWPPP. Such a plan would be prepared as part of the architectural and engineering design of a gaming facility with its parking and landscaping and would include eight sections as outlined below (USEPA, 2006).

Section 1: Site Evaluation, Assessment and Planning Section 2: Erosion and Sediment Control Best Management Practices (BMPS) Section 3: Good Housekeeping BMPS Section 4: Selecting Post-Construction BMPS Section 5: Inspections Section 6: Recordkeeping and Training Section 7: Final Stabilization Section 8: Certification and Notifications

Any necessary EPA permits would be obtained before any construction was initiated. The SWPPP would be designed to assure that water quality impacts to nearby streams are minimized and insignificant and that drainage from the Braman property did not violate any Clean Water Act standards.

The hydrology of the Braman property results during storm events in surface flow to Dry Creek, an intermittent creek located east and south of the property boundaries. Dry Creek is not listed as an impaired watercourse for any purpose by the Oklahoma Department of Environmental Quality. (See Section 3.2.3). A majority of the northern third of the property is paved parking area, resulting in an impervious surface. There is minimal recharge to the shallow local groundwater aquifer. Alternative 2 would expand the paved parking areas by approximately three acres to the south of the existing developed areas, but this is not considered a significant amount of impervious area in an area of extensive rural lands. The water quality of the local intermittent streams could potentially be degraded slightly by transport of pollutants (dried oil) from the parking areas by stormwater as is the case for all highways and parking areas. There is no evidence of this creating a water quality problem in the local streams, however, and it is considered to be a de minimus risk by the Kaw Nation Department of Environmental Quality. The wastewater lagoons are lined and therefore isolated from the hydrology of the site and provide no contaminants to either the surface or subsurface water. There is no reason to expect significant adverse water quality effects from operation of the existing facilities at the Braman property or from the addition of a gaming facility and extension of its parking area.

4.2.2.4 Flooding

Flood risk at the Braman site is extremely low since the site is outside of the 500-year flood zone (i.e. inside of zone X). The project could result in a slight increase in surface runoff through an increase in the impervious surface of about three acres (see above). The minimal size of the impervious surface in this drainage area, which is dominated by tens of thousands of acres of existing farmland and rangeland is, expected to have a de minimus effect on flood risks in the area. 4.2.3 Air Quality

A detailed, independent study of air quality impacts was not considered necessary for the proposed action since the impacts would be de minimus, as described below. This conclusion is based on a very conservative threshold comparison with the air quality modeling done for the Habemotalel Pomo of Upper Lake for their fee to trust FEA of June 2008 (such modeling is a California requirement, but not an Oklahoma requirement for attainment zones), as well as the air quality data presented in Section 3.3 of this FEA for the Kanza Travel Plaza. (for the gaming operation, see sections 4.1.3 and 4.1.7 of the Habemotalel Pomo FEA and its appendix I, which are available at http://www.uperlakeea.com for the underlying data; relevant parts are included in Appendix P). The Habemotalel FEA data were considered useful for purposes of comparison because their facility is slightly more than twice the size of the largest facility that would be built on the Braman property (76,750 sq. ft. vs. 36,000 sq. ft.) and California air emission thresholds reflect the strictest air quality standards in the U.S.

Based on the comparative analysis below, under the Clean Air Act and the general conformity rule, the potential impact on the air quality for the proposed site would be negligible. During construction of the project, there would be minor emission of fine particles. The vehicular emissions as a result of the proposed project would not have a regional effect and the site-specific impact would be very low since all of Kay County is an attainment zone. Additionally, the local area is very rural and has no significant emission sources. Best management practices such as watering would be employed to control dust production during construction.

Gaming Facility – Construction Phase. For the construction phase of their project, the modeled data for the Habemotalel casino and hotel were estimated for reactive organic gases

(ROG), NOx, and PM10 and were compared to what California considers to be “De Minimus Thresholds.” The results of these three parameters were 12.53, 11.78, and 1.36 tons per year, respectively, compared to the California de minimus thresholds of 50, 100, and 100 tons per year, respectively. Oklahoma uses the EPA national standards of 100 tons each for VOC, NOx, and PM10, respectively. It would be reasonable to expect the similar emissions for a facility about half the size to be about half as much, but even if they were as much, they would still be far below the Oklahoma de minimus threshold and would warrant a conclusion of minimal and insignificant impact on the environment.

To assure that the dust levels (a contributor to PM10) would be kept insignificant, dust reduction best management practices would be determined and practiced through all phases of construction that generate dust (primarily from grading of the site). Such practices would include, but would not be limited to, water spraying and containment of work areas generating excessive dust. It should also be noted that emissions during the construction phase would be temporary in that construction would be expected to take no more than a year, and probably substantially less. (The larger Habemotalel Pomo facility was estimated to take about a year to construct).

Gaming Facility – Operational Phase. A comparison of the air pollution emissions generated at the site during peak hours was made with the modeled data for the FEA for the Habemotalel Pomo of Upper Lake fee-to-acquisition and casino to provide reasonable assurances of de minimus impacts from air pollutants generated by operating a gaming facility at the Braman property. (See Habemotalel Pomo FEA reference above). The modeling for the Habemotalel Pomo facility demonstrated that it would have de minimus impacts. The Braman facility would be slightly less than half the size of the Habemotalel Pomo facility (which includes a casino that is about 10% larger than the projected Braman facility as well as a hotel). Peak hour traffic for a Braman facility is estimated to be about 55% greater than the Habemotalel facility, however (154 during weekdays for the Habemotalel facilities vs. 238 for the Braman facilities). The principal difference between the two facilities in terms of air emissions would be distance travelled. The average distance from clientele for the Habemotalel facility is roughly 20 miles (roughly averaging its different markets), while that for the Braman facility would be roughly 50 miles (based on a similar average), or about 2.5 times as great.

The California de minimus thresholds for operation of facilities are the same as for constructing them – they are expressed in the same terms of reactive organic gases (ROG), nitrogen oxides

(NOx), and particulate matter (PM10) of 50, 100 and 100 tons per year, respectively, with Oklahoma substituting 100 tons per year for VOC for the California ROG standard (Morris 2008; Camille 2008; Section 3.3). The Habemotalel facility was estimated to result in 1.06, 1.71, and 1.34 tons per year respectively of these pollutants or circa 2% or less of the California de minimus threshold. A projection using these data multiplied times 155% and then by 2.5 for the Braman property to account for more vehicles and greater travel distance would result in 4.11, 6.63, and 5.19 tons per year, respectively, or roughly 4.1 to 6.6% of Oklahoma’s de minimus threshold (the 4.1% is an overestimate since ROG includes somewhat more vapor emissions than VOC; Camille 2008). These are truly insignificant quantities of air emissions and would be expected to have no significant impact on air quality.

Kanza Travel Plaza. The principal current emissions source at the Braman property is the Kanza Travel Plaza which receives and dispenses gasoline and diesel fuel; those emissions would continue and be increased in the short run. Vapor emissions (i.e., VOC) at the travel plaza are estimated at about 3.2 tons/year currently and will decline toward 0.8 tons/year as vehicles are phased in to the national vehicle fleet with on-board refueling vapor recovery (ORVR) equipment (See analysis in Section 3.3). ORVR equipment is required for all cars built starting with the 2000 model year and all trucks built starting with the 2007 model year with vehicle fleet penetration currently estimated at about 50%. Emissions per 1000 gallons of gas at gas stations nationwide are declining as older vehicles are retired and new ones enter the vehicle fleet. Countervailing this trend in part is the projection that refueling at the travel plaza would increase if a gaming facility is operated on the project.

Combining the increase in I-35 traffic induced by the gaming facility to stop, where the vehicles are also refueled, as well as the local clientele that fuels their vehicles, the Innovation Group Market Assessment predicts an approximate 24% increase in gasoline sales. Adding this increase, to existing vapor emissions of about 3.2 tons/year, results in projected vapor emissions of about 4.0 tons/year. This is considered a de minimus quantity of emissions and of negligible effect when compared with the national and Oklahoma de minimus threshold of 100 tons/year for VOC. Over time, the 4.0 tons/year would decline to about 1 ton/year as new vehicles meeting the 2000 and 2007 ORVR standards are phased in and older vehicles are phased out. (See Section 3.3 for conceptual analysis of this effect; the 1.0 estimate is 1.24 x the 0.8 estimate in Section 3.3). The de minimus conclusion resulting from the additional customers is reinforced by state practice in Oklahoma. Oklahoma does not regulate or require annual emissions reporting from

63 travel plazas because the emissions for travel plazas are so far below the de minimus levels (Moffett 2008).

Cumulative Effects. Air emissions would increase modestly with the implementation of Alternative 2, primarily because of the travel related to the gaming facility and due to additional gasoline being sold at the travel plaza. Adding the 4.1 tons/year of ROG emissions to the reasonably analogous 4.0 tons/year of vapor emissions from the travel plaza, total VOC emissions would be in the range of about 8 tons per year compared to the Oklahoma de minimus threshold of 100 tons/year. Over time, as new vehicles are phased in, VOC emissions would decline from this level, reaching about 5.1 tons/year when the pre-2000/2007 fleet has been retired (4.1 + 1.0, expressed in tons/year). With the emissions at their peak falling well below the de minimus thresholds and then declining, there is no reason to expect emissions under Alternative 1 to be significant and there is no likelihood that implementation of Alternative 1 would change the current attainment status of Kay County.

It should also be noted that most vehicles refueled at the Kanza Travel Plaza are travelling on I- 35, and stop at the travel plaza when it is time to refuel. If the travel plaza were not available, the vehicles would be refueled at an earlier (typically) or later stop, and whatever vapor emissions occur at the travel plaza would simply occur at a different refueling stop. Diesel fuel received and dispensed at the travel plaza is a negligible source of air emissions at the travel plaza, and the estimated increase of 9 percent in diesel sales would have negligible effects (Camille 2008; Morris 2008). Diesel is considered non-volatile and is not required to be measured or reported at the fuel station level. (Morris 2008).

Carbon Dioxide Emissions. Carbon dioxide emissions also can be expected to increase with the increased traffic. Maintenance of green space can offset the increase in carbon dioxide. As shown in Table 3-2, carbon monoxide and other criteria pollutants are in attainment status for Kay County and do not have a significant impact on the environment or human health.

It is expected that Alternative 2 would increase traffic compared to Alternative 1. According to the traffic study conducted by Traffic Engineering Consultants, Inc., for the Kaw Nation in September, 2008, an estimated 1188 vehicles per day would be attracted to a new gaming facility -3 (Russell, 2008). Using the USEPA calculations that 8.8x10 metric tons of CO2 are released per gallon of gasoline burned, and that the average gas mileage for cars and trucks in the U.S. is 19.7 miles per gallon (USEPA, 2008c), it was calculated that an average vehicle will produce 4.5x10-3 metric tons of CO2 per mile. A vehicle induced to stop at a gaming facility just off I-35 would -3 emit less than 4.5x10 metric tons of CO2 as it travels the substantially less than one mile round trip from the Interstate to the Braman property. The 1188 vehicles per day traveling an average 50 miles to the Braman property would produce approximately 98 thousand metric tons of CO2 per year (ignoring the fact that a portion of these vehicles would be intercepted traffic already traveling on I-35 and their mileage would be less than one mile).

Carbon dioxide is significant only on a worldwide scale since the concern is with global warming and climate change. The 98 thousand metric tons estimated for the Braman facilities is a negligible amount compared with the 27 billion metric tons produced annually on a worldwide basis (source: Carbon Dioxide Information Analysis Center for the U.N.) and is truly insignificant. Passage of federal laws addressing the rising concerns of green house gas emissions will likely lower allowable carbon dioxide emissions from vehicles, leading to lower emissions from the site.

4.2.4 Noise

The close proximity of two major highways causes the property to have generally high noise ratings, even though they do not exceed the EPA limits for commercial or residential areas. Noise pollution would result from the operation of a casino facility, but would not be sufficient to bar or deter future residential or commercial use on adjacent lands. Using The Noise Guidebook produced by the U.S. Department of Housing and Urban Development and with annual average daily traffic data from the Oklahoma Department of Transportation, average speed assumed to be the posted speed limits, and the distances from the main structure at the site to roadways, a day- night average sound level (DNL) of 68.6 decibels (dB) was estimated. This estimate could be slightly higher on occasion if the railroad, approximately one half mile from the structures on the site, were included. The railroad was not included in this FEA due to insufficient data to determine the noise ratings. 68.6 dB falls within the normally acceptable range of 65 dB to 75 dB for commercial properties and is below the unacceptable level for residential areas (US HUD, 1991).

There would be an increase in noise from the construction activity if a gaming facility is constructed. Construction noise could be expected to range from 80 to 90 dB on-site resulting from the use of construction equipment such as backhoes and bulldozers (Alexander Consulting, 2003). Such impact is temporary and would not affect the health and environment of the surrounding community. This is due both to the lack of commercial development in the immediate area and the virtual lack of residences in the area (one house directly across U.S. 177 from the travel plaza) as well as the relatively small projected size of any gaming facility that could be supported by the local market. The noise that would be created as a result of construction activities could not have a significant impact on the residents of Braman because of the distance involved. Depending on the breeding and migration periods, migratory birds conceptually could be slightly affected but this possibility is quite remote due to the limited habitat on the site and on the adjacent lands. The increased traffic noise during construction could be mitigated by requiring that construction personnel adhere to EPA noise limitation standards.

Noise produced from operation of a gaming facility would be minor and in-house compared to traffic noise from the Interstate highway. The project itself would not significantly increase future noise levels since most of the additional noise will be from slow moving automobiles (those travelling into and exiting from the Braman property and parking on the property). The town of Braman is one mile southeast of the proposed project, too far distant for any noise emanating from the facility or its parking area to be heard in town. As indicated above, there are no commercial noise receptors on the lands adjacent to the Braman property and the property is not in a residential area, so such noise would be insignificant.

The principal concern with noise would be whether the noise level from the adjacent Interstate highway would be too great at a gaming facility. In the case of the Braman Travel Plaza, the distances from I-35 to the potential site are about 840 feet on the west side and 1790 feet on the east side. If the construction site of a gaming facility were less than 1000 feet from a major highway, which would be expected, mitigation measures might be required. These would have to be determined during the architectural and engineering design stage. Mitigation could include construction of a sound barrier wall to shield the property from Interstate highway noise, increased sound insulation in the building itself, or a combination of the two.

4.2.5 Underground Storage Tanks

The underground storage tanks currently on the Braman Property are in compliance with the regulations set by the Oklahoma Corporation Commission. This would not change with construction and operation of a gaming facility. The tanks have recently been upgraded and should continue to serve the Nation without major upgrade for many years. The Tribe will be responsible for underground storage tank inspection after the land is placed into trust. The Intertribal Environmental Council (ITEC), an EPA-funded organization set up by a consortium of Indian tribes, would assist the Nation with the inspection and management of the underground storage tanks on the property. ITEC currently has a contract to conduct inspections of the tanks and the fill/use records. There is no reason to expect construction and operation of a gaming facility to have effects on the underground storage tanks or vice versa. Standards equivalent to the Oklahoma Corporation Commission would be maintained by the Kaw Nation Department of Environment.

4.2.6 Biological Resources

4.2.6.1 Vegetation

The only vegetation that would be affected by development of a gaming facility on the Braman property would be from extension of the paved parking area to about three acres of the mixed native grasses to the south of the former motel area along the off ramp from the Interstate highway. These grasses are periodically mowed and provide no known wildlife value. The small size of the likely parking area would constitute an insignificant effect on the environment of the area.

4.2.6.2 Prime Farmlands

As indicated previously (see Section 3.6.2 and the Caleb Stone letter in appendix C), there are no prime farmlands on the Braman property. The development of a gaming operation on the Braman property would have no adverse environmental impact on the farming areas of the adjacent farm.

4.2.6.3 Wetland Resources

An onsite assessment was conducted to examine whether the site meets wetlands criteria defined in the 1987 manual of the ACOE. No wetland site is identified on the proposed site. Also, no state or federally recognized wetland site is registered on the site. Additionally no seasonal drainage or stream was identified on the site. The NRCS office has confirmed in the scoping process that there are no wetland sites on or near the proposed site (Appendix C). The project’s construction and operation would have no significant impact on wetlands. The wastewater treatment lagoons on the property are not considered wetlands because they are lined, manmade fenced structures. They were constructed for the sole purpose of holding wastewater and do not provide wetland habitat. Also, the lagoons are not inundated by surface or ground water. The only source of water is wastewater and direct rainfall. The only hydric soil that may be found in the lagoons themselves is a result of the wastewater stored therein.

4.2.6.2 Wildlife

As indicated in Section 3.6.4, the Braman property is a commercially developed parcel considered to be unsuitable for wildlife. There is no reason to expect a change in that status from

66 constructing a gaming operation in the area currently occupied by the motel/office building and parking area, or from extending the parking area roughly three acres to the south in the area currently covered by grasses.

No State or Federally recognized endangered or threatened species have been identified on the proposed project site. The USFWS also confirmed in the scoping process that no impact to fish, bird and wildlife species, including any threatened or endangered species can be expected if a gaming facility is constructed on the property and has concurred in the Kaw Environmental Department’s conclusion that the proposed action would have no impact to federally-listed or proposed species or their habitats (Terry D. Whittaker concurrence, August 23, 2008, Appendix D).

The U.S. Fish and Wildlife Service lists three endangered and threatened bird species that occur in Kay County, Oklahoma. These are the whooping crane, interior least tern and piping plover. They have not been observed around the project site or the adjacent areas due to lack of suitable habitat. Bald eagles are known to occur in northern Kay County, but prefer larger trees and feed on aquatic species such as fish; neither is found on the project site. Similarly, the habitats preferred by the three listed species do not occur on or near the site. Interior least terns favor islands or sandbars with limited vegetation along large rivers for nesting and prefer shallow water for fishing. Whooping cranes inhabit marshes and prairie potholes in the summer and coastal prairies and marshes in winter. Piping plovers nest on sandy beaches along the ocean or lakes, the bare areas of islands or sandbars along rivers, and pebbly mud of interior alkali lakes and ponds. Piping plovers winter on algal, mud, and sand flats along the Gulf Coast, and spoil islands in the Intracoastal Waterway. The Braman property and the adjoining lands do not offer these kinds of habitats since they are at a substantial distance from rivers and lakes and provide no wetlands habitat. The principal habitat that would draw these species is along Kaw Reservoir and the Arkansas River, which are about 20 miles distant.

4.2.7 Aesthetic, Recreational, and Cultural Values

The aesthetic value of the Braman property would increase with the building of a gaming facility intended to attract customers since architectural attractiveness would be one of the design criteria. Additionally the gaming facility site and parking area would be landscaped to provide an attractive area. Indoor recreation opportunities would be provided by a gaming facility. Both a records search and a field survey indicated that no prehistoric or historic site would be affected by construction on the site. Ground Penetrating Radar (GPR) assessment conducted by Kaw Nation Archeologist detected no buried archeological materials. (Appendix F). Cultural values would not be diminished due to the fact that other gaming opportunities are available in the area and a new gaming facility will not have a significant effect. This conclusion was reached from observation of other nearby gaming facilities that have been in operation for at least ten years. Therefore, the construction of the project is expected to have no significant impact on cultural resources.

4.2.8 Employment, Economics, Welfare, and Environmental Justice

Studies indicate that Indian tribes engaged in gaming experience a more dramatic decline in unemployment rates than those tribes that do not operate a gaming facility. A recent study conducted by researchers at Harvard University’s Kennedy School of Government revealed that from 1990 to 2000, unemployment in Indian areas decreased 21.1% on gaming reservations (Jonathan, 2005). Those Indian areas without gaming experienced only a 12% decline in the tribal unemployment rate during the same period (Jonathan, 2005). An estimated 400,000 people

67 are directly employed by tribal gaming facilities nationwide (National Indian Gaming Association, 2008). This immense increase in permanent employment in what are typically depressed areas surrounding tribal communities has proven beneficial to Indian communities and surrounding non-Indian communities alike. Nationally, about 25% of the employees at Indian gamming facilities are Indian, while the remaining 75% are non-Indian (National Indian Gaming Association, 2008).

A Kaw Nation gaming facility at the Braman property would increase the number of available, well-paying jobs at a sufficient level to benefit the Indian and non-Indian residents in surrounding communities. It is estimated that Alternative 2 at its maximum size could provide 200-250 primary jobs. Such facility would also stimulate ancillary economic activity, although its extent is too conjectural to estimate. The Kaw Nation would continue to adhere to its Indian preference employment policies in staffing any facility it were to build at the Braman Property. About 25% of the staff at the Nation’s existing gaming facility in Newkirk is Indian, and employment levels at a gaming facility in Braman could reasonably be expected to be about the same.

The Kaw Nation is an equal opportunity employer, which helps meet social justice concerns. The Nation’s policy is to not discriminate against or tolerate discrimination against any employee or applicant for employment based on race, color, religion, sex, age, national origin, marital status, disability or veteran status. The policy of equal employment applies to all aspects of the employment relationship. There are procedures in place for communication of problems or complaints, which are set out in an employee handbook. As an authority of the Kaw Nation, KEDA has an Indian preference in hiring and contracting. By federal law, Native Americans are not considered a race for hiring and contracting purposes. KEDA offers no guarantee of employment based on the policy of Indian Preference.

The income from such a facility would also provide the Nation with resources to increase its economic development and other investments in the area, fostering even greater economic activity and creating further employment opportunities. The Braman casino’s creation of well- paid jobs would directly affect the earning power of Kaw members by employing them at the facility. Further, the creation of additional employment opportunities would create jobs for those members in need and would reduce the burden on the Kaw Nation’s government to provide assistance for these individuals. As a result, the Kaw Nation would gain greater self-sufficiency while relying less on the federal government for funding needs. The Kanza Travel Plaza is currently contributing to the area’s employment and would continue to do so with the possibility of modest growth resulting from providing fuel, goods and services to customers of the gaming operation.

The potential gaming facility is supported by the town of Braman, in part, because Braman hopes to attract vacationers drawn to the casino. Braman has made considerable infrastructure improvements including drinking water system improvements and refurbishing its electrical system over the past two decades. Additionally, the gaming facility would require ancillary services such as laundry, plumbing, electrical, and so on. Increased employment and economic development in the surrounding community would help to sustain and strengthen its social structure and perhaps even help to reduce the declining population trend. This would strengthen the social structure of the community and boost the area’s struggling economy (Appendix B). To rectify the stagnant economy and high unemployment, economic diversification and increased development is required. A recent University of Oklahoma-sponsored study of Kay County indicated that “it is reasonable to assume that growth [within the county’s economy] will continue to be limited unless impacted by unanticipated future economic improvement” (Center for Business and Economic Development, 2002). Though relatively modest in scale, the Nation’s

Braman project would have a significant positive impact on the economy of the surrounding area.

Housing availability and social services should not be greatly impacted due to the proposed project. Employees for the new casino would be attracted from the local labor pool, limiting the increase in demand for housing and social services and possibly reducing demand for social services. The Kaw Nation Department of Environment believes housing should easily keep up with any demand based on the size of the workforce visualized. As of October 2008, three homes were for sale in Braman, ranging in price from $28,500 to $310,000. Nine miles away, in Blackwell, OK, there were twelve homes for sale, with a median price of $36,000 (Trulia, 2008). Additional homes are for sale in Newkirk and Ponca City.

Kaw Nation law enforcement officers provide police protection in the Kaw jurisdictional area and would patrol the site. Twenty-four hour, seven-day-a-week security personnel would be used to provide security services at the gaming facility as is the case with all gaming facilities of this size. Other local law enforcement agencies and the Kaw Nation Law Enforcement work together with a common goal of protecting the health and safety of the people in the area. Additional officers would be added to the Kaw Nation’s police department if a need for them is determined. No adverse effect on law enforcement resources is anticipated.

Fire protection and emergency life and safety services are provided to the Braman property by the Braman Fire Department under a 2004 agreement. (Appendix C). The Braman Fire Department is located within the Braman Municipality Office and is staffed by volunteers and managed by two fulltime employees of the municipality. The Fire Department is located approximately one mile away from the project area. Backup fire protection service is located nine miles south of the project area in the city of Blackwell. The Kaw Nation Emergency Management Officer, a former employee of the Braman Fire Department, maintains good relations with emergency service agencies in the area. The available staff and equipment is sufficient to address fire risks on the property and adverse effects to local fire-fighting capabilities from operating a gaming facility consisting of one building on the Braman property are remote. Any new facility built at the Braman property would meet all fire code standards including those required to be in place by the NIGC.

Compulsive gambling is not expected to be a significant factor for any gaming facility at the Braman property because of the existence of other gaming facilities in Kay County and many more in nearby counties. The surrounding community is familiar with the problems that may arise with individuals that suffer from compulsive gaming addiction and the Kaw nation acts to mitigate potential compulsive gambling activities. The Kaw Nation maintains a voluntary bar on persons who self-select themselves and register to not be allowed to participate in gaming activities and will have persons on staff trained to recognize problem gaming. The State of Oklahoma operates a compulsive gambling treatment program funded by revenues from all Oklahoma tribes, including the Kaw Nation, with gaming facilities. Signs and literature directing compulsive gamblers to agencies where they may receive counseling are required under the model compact and would be used at a new facility at the Braman property. Additionally, Gamblers Anonymous has local chapters in Ponca City and Wichita that hold regular meetings.

If the Nation were to construct and operate a gaming facility at the Braman property, the cumulative economic benefits would be highly positive to the residents of the area as well as to tribal members. Since most of the prospective employees live within commuting distance of the

69 travel plaza, increased school registration, traffic congestion by local commuters, and significant competition for marketable resources would not be expected. The rate of crime would not be expected to increase due to close supervision of the site by security officers and the Kaw Nation’s police department.

The Proposed Action would displace no persons or housing or otherwise affect the environment of any minority groups, so individuals would not be targeted by race, class, or other category that could be disproportionally disadvantaged. On-site, there would we a positive effect on Indian employment, income and welfare stemming from the Kaw Nation’s Indian preference policy. Members of Indian Tribes, historically, have been discriminated against and have higher unemployment and lower income levels than other segments of the population, so there would be a positive economic effect of such people. There is no basis to assume disproportionate off-site effects on classified groups from any aspect of the proposed action.

4.2.9 Transportation and Parking

The estimated increase in traffic that would result from a gaming facility located at the Braman Interchange on I-35 and U.S. 177 would consist of two parts. The first part is those vehicles travelling on I-35 from outside the local market whose drivers would leave the Interstate and stop at the gaming facility. This would be a round trip (off and back to the Interstate) of less than one- third mile, and the local effect would primarily be limited to nonlocal “intercept” traffic between the interstate and the three U.S. 177 entrances to the Braman property. The second part would be trips of persons from the local market, which extends as far north as the Wichita, Kansas, area and surrounding counties as well as the counties surrounding Kay County, Oklahoma.

Nonlocal Interstate 35 Intercept Traffic. The Oklahoma Department of Transportation estimated that an average of 14,533 vehicles passed the Braman interchange daily in each direction in 2004. (The Innovation Group Gaming Market Assessment, 2005, data acquired from the Oklahoma Department of Transportation). These numbers are consistent with numbers from the Kansas Department of Transportation, which reported an average of 14,600 vehicles per day just north of the Oklahoma-Kansas border on Interstate 35 in 2004 and with vehicle traffic estimates by the Oklahoma Department of Transportation for the two previous years.

The Innovation Group Gaming Market Assessment for the Braman property used these numbers and assumed an average of 1.5 adults per automobile and 1.05 adults per truck to estimate the nonlocal gaming visits per year that would be “intercepted” by a gaming facility on the Braman property assuming no construction of a gaming facility by the State of Kansas in the Wichita area. (This number was believed to be relatively constant whether or not Kansas constructed a gaming facility near Wichita, since the travelers intercepted are non-local). “Nonlocal” visitors are those from outside of the area who are travelling along the interstate (such as driving from Dallas to Kansas City) and whose travel purpose is not to stop at the travel plaza or gaming facility on the Braman property; the intercept figures for the nonlocal visitors are such travelers who happen to stop at the travel plaza because they need fuel or the other amenities offered at the travel plaza (as opposed to some other travel plaza they might have stopped at earlier or later) or who would see the gaming facility and stop to visit it as an incidental stop along their way.

Table 4-3, below, is derived from the similar data presented in the Innovation Group Assessment used to estimate gamer visits and financial data on an annual basis, but here is used to set out the estimated incremental average daily traffic flow. The incremental capture rate shown in Table 4- 3 is after subtracting out the truck and automobile traffic from I-35 that already stops at the Kanza Travel Plaza (estimated by the Innovation Group as 4.9% of the passing trucks and 3.5% of the

70 passing automobiles on the Interstate). The Innovation Group assessment projects that these numbers will increase to 7.5% and 4.25% respectively, for incremental increases in nonlocal intercept traffic, resulting in an incremental increase in this category of traffic of 2.6% and .75%, respectively).

Table 4-3 Projected Daily Incremental, Nonlocal Traffic Intercept for the Proposed Action (Source: Derived from Innovation Group Study April 2005) Type and Source Average Incremental Average of Vehicles Daily Capture Incremental Traffic Rate Intercept Vehicles Per Day Trucks 3,607 2.6% 94 Automobiles 10,926 • Local (6,556) • Non-local (4,370) .75% 33 Total 14,533 127

While financially important on an annual basis to the profitability of a gaming enterprise (i.e., providing an estimated 149 visitors per day to the gaming facility), this incremental level of nonlocal traffic of an average of 127 vehicles (trucks and automobiles) per day leaving the major I-35 exchange is not a significant number of vehicles compared with the average of roughly 15,000 vehicles-per-day average passing through the interchange in each direction or the 2461 vehicles per day that exit from the Interstate at the Braman Exchange (891 from the north, 1570 from the south). Additionally, the larger share (3.5% out of an estimated 4.25%) of these vehicles are already accounted for in the estimated 194 vehicles per day on average that currently leave Interstate 35 to refuel at the travel plaza (The Innovation Group Assessment; Traffic Engineering Consultants Traffic Impact Study). These projections do not demonstrate a significant impact on the Interstate 35 corridor.

Local Traffic. The estimate of the local market for persons coming to a gaming facility (i.e., this is their destination) at the Braman property if there is no competition from a gaming facility in the Wichita area is 1,309 per day (based on a local market draw of 477,718 patrons per year divided by 365). The low estimate is 397 per day, based on a market draw of 144,918 if there is competition from a Kansas gaming facility. The analysis in this EA is based on the higher estimate since it is the approach favored by KEDA and also would produce the greatest impacts (i.e., an upward bound). Most of the difference is due to Kansas residents who would not travel as far as Braman for gaming purposes if there were a major gaming facility near Wichita.

The Innovation Group Assessment uses an average of 2 persons per vehicle for the local traffic, which would imply a maximum of an average of about 650 vehicles per day from the local area, roughly two-thirds of which would be coming from Kansas. This would produce about a 4.3% increase on Interstate 35 (nearly all of the increased traffic would be coming on I-35 because the area to the northwest of Braman is sparsely populated and the best routes from the northeast of Braman converge in Kansas on I-35; by far the largest share – approximately half, of the traffic would be coming directly south from Wichita and the area surrounding it). While significant directly at the Braman property, the impact of a 4.3% increase in traffic on Interstate 35 is marginal and would not be considered significant. Among other things, it is less than the average

71 margin of difference in annual estimates of vehicle traffic in each direction at the Braman Interchange (15,000 in 2003 and 15,450 in 2002 compared to the 14,533 in 2004).

According to the Oklahoma Department of Transportation, a detailed Traffic Impact Analysis (TIA) conducted by a qualified traffic engineer is required if a development is expected to generate 100 or more vehicles per peak hour to avoid compromising public safety and wellbeing (Appendix C). The Kaw Nation contracted with Traffic Engineering Consultants, Inc., to conduct a traffic study of the site. The traffic impact study, using a somewhat more conservative estimate of the number of passengers per vehicle (and therefore somewhat more vehicles), concluded that the traffic to the site would increase by 1188 vehicles per day as a result of adding a gaming facility on the site. Peak traffic (one hour between 4pm and 6pm counting both the incremental traffic and the existing traffic) was estimated to be 238 vehicles per hour.

The study also indicated that the level of service (LOS) would be modestly affected, lowering three of the five “critical movement” delay ratings from “A” to “B,” although the “intersection” delay ratings would all stay in the “A” rating category. See Tables 4-4 and 4-5 and Figure 4.2, below, for the data results. An “A” rating indicates the best rating, with critical movement and intersection delays in the range of 0 to 10 seconds for unsignaled intersections during peak hours. A “B” rating covers delays in the range of 10 to 15 seconds, and is considered quite good. A rating level of “D” or better is considered acceptable (Traffic Study, Appendix C).

Table 4-4. Project Site Generated Traffic Volumes (from Traffic Study, Appendix C)

Figure 4.2 2008 Projected Combined Traffic (Site generated and existing)(from Traffic Study, Appendix C)

Table 4-5. Traffic Capacity Analysis Summary (from Traffic Study, Appendix C)

The specific data show an even more benign effect. As can be seen from table 4-5, the critical movement delays for the five intersections involved (exit ramps from I-35 and 3 exits from the Braman property) are currently at the low end of the “A” level-of-service classification and with the addition of a gaming facility three of them would be at the high end of the “B” level-of-service classification (i.e., less delay than the median). For example, the greatest increase would be at the

73 southbound I-35 ramp (turning onto U.S. 177), where the delay would increase from 9.6 seconds to 11.4 seconds, an increase of less than 2 seconds. The Traffic Impact Study concludes that “critical movement and intersection levels-of-service are expected to be excellent for both the existing traffic and the projected combined traffic that is expected to be present once the casino is completely operational. This would indicate that all of the intersections evaluated in this report would be expected to easily handle the projected combined traffic and to maintain excellent levels- of service during the p.m. peak hour of the day” (Russell, 2008, p. 7, Appendix L).

The report also concludes that “all intersections evaluated would be expected to easily handle the additional traffic expected to be generated by the proposed new casino, at very high levels-of- service with no additional off-site improvements necessary” (Russell, 2008, p. 8, Appendix L). As a result, the environmental effect of the increased traffic that would result from adding a gaming operation at the Braman property is considered to not have a significant adverse effect on traffic flow. If the existence of a gaming facility at the Braman property resulted in substantial delays or other traffic congestion, that could be mitigated by installation of traffic lights and/or turn lanes at the ramps or entrance to the property. Such mitigation potentially could be financed by the Kaw Enterprise Development Authority if traffic effects warranted.

Impact on Kanza Travel Plaza Demand. Since the proposed action contemplates operation of a gaming facility near the existing travel plaza, it is anticipated that the existence of the gaming facility would likely increase the number of automobiles and trucks that are refueled at the travel plaza and the number of persons purchasing food or other items at the travel plaza. The Innovation Group assessment projects increases of about $34,000 in profits on fuel and an increase in gross revenues from other items sold at the travel plaza of from 12 to 15.5% from the additional customers. The vehicles and traffic involved, however, have already been accounted for in the above traffic numbers, and there would be no incremental traffic impact from these vehicles moving from the gaming facility to the travel plaza.

Cumulative Traffic Effects. Cumulative effects on transportation would be negligible. Due to the proximity to Interstate 35, the majority of traffic to and from the site would be limited to the Interstate, associated on and off ramps, several hundred yards of U.S. 177, and the entrance and exit lanes into and out of the Braman property. The road infrastructure of Braman, OK would not be overly affected by increased traffic at the Braman property because it is one mile further away. (the Traffic Engineering Consultants study for the cumulative case estimated 18 to 21 vehicles/hour entering and exiting the property from or toward the town of Braman during the peak travel times. Any further increased traffic in Braman would be the result of future economic developments such as a restaurant or lodging resulting from the attraction of people to the area by the gaming facility, and would be a result of increased economic activity in Braman. The extent of such secondary or induced development, if any were to occur, is too speculative to estimate at this point.

Parking Area. The parking area would be extended to the south of the new gaming facility, between the current office building and the wastewater lagoons. The parking lot would be expected to be just over 200,000 square feet (about 4.6 acres), or about 3 acres larger than the existing parking area depending on the footprint of a gaming facility. This would result in a surface area change from mowed grasses to pavement, increasing the impervious surface. Best management practices would be applied to limit the amount of pollution from runoff. These would include the use of drainage ditches and buffers as needed. A grass or landscaped area would be maintained between the parking lot and the sewage lagoons.

The hydrology of the Braman property results in surface flow to Dry Creek during storm events. Dry Creek is an intermittent creek located east of the northeast section of the property and east and southeast of the far southern boundary of the property. A majority of the northern third of the property is paved parking area, resulting in an impervious surface. There is minimal recharge to the shallow local groundwater aquifer. Water from that area that flows off the property would remain constant, moving east toward Dry Creek as well as being partially absorbed and evaporated during transit.

Alternative 2 would increase the amount of impervious surface south of the location of the current motel/office building, increasing runoff to the southern portion of the property. A portion of this would be absorbed or evaporated on the grassy area to the south and farm property to the south and east, but a portion, depending on the severity of the rainfall, would reach Dry Creek. The water quality of the local intermittent streams could potentially be degraded slightly by transport of pollutants (dried oil) from the parking areas by stormwater as is the case for all highways and parking areas. There is no evidence of this currently creating a water quality problem in the local streams, however, and it is considered to be a de minimus risk by the Kaw Nation Department of Environmental Quality. Dry Creek is not an impaired stream for water quality reporting purposes (See Section 3.2.3).

The wastewater lagoons are lined and therefore isolated from the hydrology of the site and provide no contaminants to either the surface or subsurface water. Dry Creek is not listed as an impaired watercourse for any purpose by the Oklahoma Department of Environmental Quality (See Section 3.2.3). There is no reason to expect significant adverse water quality effects from operation of the existing facilities at the Braman property.

4.2.10 Solid Waste

Solid waste produced at the site would be the greatest with Alternative 2. An estimate of solid waste generated by the proposed action can be developed by looking at the Kaw Nation’s existing gaming facility in Newkirk, OK, which is somewhat larger but roughly comparable to the size of the facility considered in the Proposed Action. The Newkirk facility generates approximately 1560 cubic yards of compacted mixed trash per year and the Kanza Travel Plaza generates 360 cubic yards of compacted trash in a year. The breakdown of this solid waste is shown here in Table 4-6.

Table 4-6 Solid Waste Breakdown for Alternative 2 Waste Type Annual Disposal (yd3) Trash 1402 Cardboard 192 Paper 154 Tin / Aluminum 96 Glass 77 Total 1961

This also equates to about 5.4 cubic yards/day (1961 divided by 365). The solid waste would continue to be disposed of at the Blackwell-Davis Landfill. The manager of the Blackwell-Davis landfill reports that the landfill processes about 100 tons of solid waste per day, has capacity at the landfill for at least the next 20 years, and has additional land on which to construct a new

75 landfill when the existing site is closed. (Communication with Jim Davis, Manager of the Blackwell-Davis Landfill). This amount of waste is less than two percent of the amount of waste disposed of in the Blackwell-Davis Landfill per year, which exceeds 120,000 cubic yards per year. That, the fact that the landfill has sufficient capacity to continue disposal at its current rate for the next 20 years, and the fact that the company has land for additional landfill sites when the current landfill is closed indicates that there should be no significant effect on the landfill from continuing to dispose of the solid waste from the facilities in Alternative 2 at the landfill.

4.3 Comparison

Table 4-7 Quantitative Comparison of Alternative Actions Alternatives Resource Alternative 1: Kanza Alternative 2: Kanza Mitigation Categories Travel Plaza Travel Plaza and Gaming Facility Water Supply Approximately 1.5 Approximately 4.2 None needed million gallons water million gallons water used per year; 500,000 used per year; 500,000 gallons increase to gallons increase to reserve capacity; reserve capacity; negligible effect on negligible effect on available water supply; available water supply; beneficial use of water beneficial use of water tower to help pressurize tower to help nearby rural water pressurize nearby rural supply and improve fire water supply and protection improve fire protection Wastewater 786,807 gallons per 2,228,757 gallons per None needed for year treated on site with year treated onsite and wastewater treatment; wastewater treatment at Braman treatment BMPs for construction lagoons facility; construction of of the pipeline a 1 to 1.5 mile including dust wastewater pipeline to prevention such as the Braman treatment wetting and erosion facility control Hydrology No construction Construction activity Spraying and SWPPP, activity, minimal creating slightly including BMPS, to impact; currently greater but still control dust emissions negligible water quality negligible impact; and erosion potential or flow impact on negligible water from storm events; nearby intermittent quality or flow impact meet whatever EPA stream which has no on adjacent on nearby permits require water quality intermittent stream impairment; negligible which has no water to no effect on quality impairment;

Chikaskia River negligible to no effect downstream on Chikaskia River downstream Air Quality VOC emissions of Incremental VOC None needed about 3.2 tons/year emissions of about 8.0 considered de minimus tons/year considered compared to de minimus compared national/Oklahoma de to national and minimus threshold of Oklahoma de minimus 100 tons/year; threshold of 100 negligible effect; air tons/year; negligible

quality county-wide effect; NOx and PM10 will remain in additions of 6.63 and attainment for all 5.19 tons/year are criteria air pollutants; negligible compared to over time, VOC will the national and drop to about 0.8 Oklahoma de minimus tons/year due to thresholds of 100 nationwide phase in of tons/year each; air on-board refueling quality county-wide vapor recovery will remain in equipment attainment for all criteria air pollutants; over time, VOC will drop to about 5.1 tons per year due to nationwide phase in of on-board refueling vapor recovery equipment – this amount is less than current levels and far below the national and Oklahoma de minimus threshold of 100 tons/year Noise 68.8 Ldn ~70 Ldn Possible use of sound barrier along I-35 and increased noise insulation in gaming facility; requirement that construction activities adhere to EPA noise standards Aesthetic and Low Improved None needed, but

Historic display of Kaw Nation artifacts at gaming facility anticipated; would add to appreciation of Kaw Nation cultural history Economic Travel plaza revenue Travel plaza revenue None needed plus as much as $32.4 million estimated gaming revenue Employment 5.7% unemployed + 200-250 jobs = 5.2% None needed unemployed, possibly more from indirect or induced effects but level of improvement conjectural Welfare Higher unemployment Somewhat reduced None needed than elsewhere in unemployment; still Oklahoma higher than Oklahoma average Environmental No adverse No adverse None needed Justice environmental effects environmental effects on any categories of on any categories of disadvantaged persons disadvantaged persons; tendency for economic improvement for Indians, generally a disadvantaged group Traffic and 238 vehicles per peak Intersection Parking 63 vehicles per peak hour; critical improvements if hour; all 5 intersections movement ratings needed (signs, lanes and critical movement reflect drop to 10-11.4 and/or lights) ratings are less than 10 second delays (Class seconds delay (Class B); other delay A); excellent levels of parameters remain less service during peak than 10 seconds (Class hours A); excellent levels of service during peak hours Solid Waste 360 yd3 / year 1920 yd3 / year None needed

Table 4-7 summarizes the figures covered in this environmental assessment. Alternative 2 best supports the goals of the Kaw Nation for economic development which in turn would help the Nation continue to improve its self-governance capacity, provide services to its members, and reduce its level of dependence on the federal government. It also would increase employment

78 and provide other benefits to the surrounding community in a county that has higher than average unemployment, lower than average wages, and that is losing population. Alternative 1 limits economic development at the Braman site since the economically viable options for use of that property appear quite limited if a determination is not made that the Kaw Nation can use the property for a gaming facility. Both options would help the Kaw Nation restore a small portion of its trust land base that was virtually eliminated between 1825 and 1976.

Cumulative effects are defined in 40 CFR Sec. 1508.7as the effects: On the environment which result for the incremental impact of the action when added to other past, present and reasonably foreseeable future actions.

SECTION 5.0 __ ___

Cumulative Effects, Indirect Effects, and Growth Inducement

5.1 Introduction.

Cumulative Effects. The Braman area of Kay County has only three planned projects that provide a backdrop for the alternatives considered in this FEA. U.S. 177 from Blackwell through Braman to the I-35 junction is being upgraded by the State of Oklahoma over the next few years, a project that includes replacing several narrow bridges and realigning some of the roadway, but not adding additional lanes (Telephone communications with Laile Wilson, County Commissioner for the Braman/Blackwell area, September 2008, and staff of Division 4 of the Oklahoma Department of Transportation, September 2008). As such, it will add to the safety and longevity of the highway, but not expand its overall capacity. Related to the highway realignments, some utility lines along the highway are also being realigned and Blackwell Rural Water Supply is taking advantage of the realignment to install larger pipes in some areas. Also, the Oklahoma Department of Transportation is currently installing barrier fencing between the north and south lanes of I-35 from the Kansas border to south of Blackwell. The barrier fencing prevents vehicles from crossing the median strip and striking vehicles in the oncoming lanes, which improves the safety of the highway. The barrier fencing is scheduled for completion in the fall of 2008, and so could be considered part of the existing environment for this FEA.

In the town of Braman, water and sewer lines are being extended to a property in the southwest part of town (Telephone communication with Jerry Johnston, Mayor of Braman, October 2008). The owner of the property plans to construct a house there and reportedly would like to sell lots for up to 11 other prospective homeowners in the future, but none of the tracts have been sold and there are no current plans for additional houses there. Additionally, Heads Trucking, one of the larger private employers in Braman (about 24 employees including 19 drivers), is moving its operation to the south of town and has plans to add 5-10 more trucks in the next year or two. (Johnston 2008). That will place the operation at a further distance from the Braman property. There are no federal projects slated for the area or other state or county projects. There also are no new factories or commercial centers planned. (Wilson 2008). Given the lack of activity in the area, it is difficult to visualize that activities in the Braman area, when combined with the effects of either of the substantive alternatives presented in the FEA will have incremental or cumulative effects beyond those already described in Section 4.

Indirect Effects. The primary indirect effects are likely to be an increased demand for certain services associated with a gaming operation. For instance, the Kaw Nation’s gaming facility at Newkirk contracts for laundry services for its employee uniforms and for snow removal. Supplies of food would be needed for the restaurant, a portion of which might be locally grown or at least be provided through local wholesalers. Whether or not these would amount to additional jobs in the surrounding communities or not is conjectural, but there would be a tendency for that to occur. There also would be equipment and service contracts for the makers of the electronic games played at the gaming facility. This would add work to the companies in that industry in locations elsewhere in the United States. The employees at the gaming facility would also require services. This probably would not be growth-inducing since Kay County has been losing population fairly steadily this decade, but it could reduce somewhat the drain on indirect service providers stemming from the loss of population since the providers of indirect services slowly lose their clientele as people in the primary employment sectors pull up stakes and move to other areas with greater economic potential.

Induced Effects. An estimate of the induced effects from the two alternatives would be highly conjectural, but there is a potential for such effects. For instance, the existence of a gaming operation at the Braman property could make the Braman area more viable for locating a motel there. Most of the new employees of the facility would be expected to come from Kay County, including some transfers from the existing gaming facility in Newkirk. This would minimize the need for additional housing and dampen the need for new services, but it is reasonable to expect that some employees would eventually move to the Braman area to be closer to work and that some would move from outside the area to work at the gaming operation. It is also reasonable to expect that some current residents of the area who would otherwise migrate elsewhere would seek employment at the gaming facility and stay in the area. This could have a salutary effect on the fortunes of Braman and surrounding communities as new residences were added or older residences refurbished. It could also help the town of Braman maintain its small school system, which has seen a drop in enrollment from 131 students to 75 students in the past nine years.

5.2 Land Resources

There are no known projects – past, present or future – that, when combined with the effects of Alternatives 1 or 2, would result in cumulative effects on the Braman property or that would add to the effects of the alternatives on the surrounding area related to topography, soils, seismicity, or mineral resources.

5.3 Water Resources

There are no known projects other than the scheduled installation of the water tower on the Braman property – past, present or future – that would result in cumulative effects on water resources or water quality at the Braman property, add to the effects of the two alternatives on the surrounding area related to water quantity or quality, or that would add in any significant way to the amount of wastewater needing to be treated at the Braman Wastewater Treatment Facility or any other facilities. The water supply for the service area is only 25% developed and there are no known projects or actions likely to stress the water supply or the water delivery systems.

The water tower being installed on the Braman tract will have a positive cumulative effect on the rural water delivery system to the east of I-35 and the Braman property and to the north of the town of Braman to the Kansas border by helping to improve the water pressure in the system and by providing water for refilling fire trucks in the event of fires in that area. The water pressure improvements will result, in part, from Blackwell Rural Water Supply’s plan to store water in the water tower and use a net billing approach to then route that water from the water tower to the

81 rural water delivery system. Additionally, Blackwell Rural Water Supply also plans to make some upgrades to the rural system when the water tower is operational that will take advantage of the water tower to improve pressurization in the system. Blackwell Rural Water Supply also plans to install standpipes as part of their upgrades that would be used for refilling fire trucks called to fires in that rural area (See Section 3.2.1).

The water tower will also have a rapid refill capacity for fire trucks, which would improve emergency fire protection for the town of Braman (Johnston 2008). Mayor Johnston of Braman reports that the improved fire protection might be sufficient to lower fire insurance costs in the town. The presence of the water tower could also provide some inducement to growth in the area by firming up water supplies and reducing or eliminating water service interruptions. The firmed-up supply could be attractive to new or expanded businesses. The extent of this effect would be entirely conjectural, however.

5.4 Air Quality

There are no known highway projects proposed for the project area or that would affect the project area beyond the U.S. 177 reconstruction and I-35 barrier fencing identified above. The U.S. 177 reconstruction, which covers the area from Blackwell to the I-35/U.S. 177 interchange will take place over the next several years, but the specific schedule is not yet set (Telephone communication with Division 4, Oklahoma Department of Transportation, September 2008). For the one-mile section of U.S. 177 from the interchange with I-35 adjacent to the project site to Braman, it is unlikely that any air emissions associated with highway reconstruction, combined with the de minimus emissions from the Braman property under either of the alternatives would have significant effects on air quality, even if the construction activities overlapped. There is also no reason to expect a violation of any of the criteria air standards for Kay County that would place the county in a nonattainment status. Best management practices, such as watering, exist to control dust production during highway reconstruction.

A modest cumulative effect on air quality will be the continued effect of EPA’s Onboard Refueling Vapor Recovery (ORVR) equipment requirements on VOC emissions from the Kanza Travel Plaza. (See analysis in Sections 3.3, 4.1.3, and 4.2.3 for the summary provided below). Current VOC emissions are estimated to be about 3.2 tons/year under Alternative 1 and would be about 8 tons/year under Alternative 2. As the national fleet of automobiles and light duty trucks built before the ORVR requirements (1998-2000 and 2001-2007 for automobiles and light duty trucks, respectively) is replaced, VOC emissions under Alternative 1 would drop from the 3.2 tons/year to about 0.8 tons/year. For Alternative 2, the VOC emissions that would initially climb to about 8 tons/year would then decline to about 5.1 tons/year, which is 5.1% of the de minimus level of 100 tons/year. The cumulative effects of adding a gaming facility to the property with an existing travel plaza are addressed in section 4.2.3 since they are a direct result of the proposed action. There are no identified past, present or future projects that would add to these insignificant levels of emissions or cause Kay County to lose its air quality attainment status. The effects on air quality of Alternative 1 would be so minor as to have no indirect or induced effects in the rural environment of the Braman property.

Additionally, passage of federal laws addressing the rising concern about the level of greenhouse gas emissions will likely lower allowable carbon dioxide emissions from vehicles and/or offset their amounts at some future date (through an emissions trading or other federally required program), leading to lower net carbon emissions from the site. In all of the above cases, the emissions identified are de minimus and would have no significant effect on the environment.

5.5 Biological Resources

There are no known development projects in the area likely to affect the biological resources associated with the project and none to combine with the effects of the two alternative actions presented in this FEA likely to have cumulative, indirect, or induced effects on biological resources. There are no sensitive biological resources associated with the property such as wetlands, grasslands, woody vegetation or endangered species. A substantial portion of the property was developed for commercial purposes a number of decades ago and the area where the anticipated gaming facility would be constructed is presently paved with asphalt.

5.6 Cultural Resources

No cultural resources have been identified by ground penetrating radar and visual observation by the tribal archeologist. There is no reason to expect offsite effects of the two alternatives on cultural resources, or to expect any offsite projects to affect cultural resources on the Braman property.

5.7 Socio-economic Conditions/Environmental Justice

The proposed action of constructing a gaming facility on the Braman property would create job opportunities for tribal and non-tribal members living in the area. Independent of the project, the Kaw Nation is constructing a water tower to serve both the Kanza Travel Plaza and a gaming facility if built on the proposed site. The water tower, as described previously, is expected to also provide benefits to the users of the rural water system to the north and east of the Braman property, and could provide an important reserve capacity that could benefit future development in the area if such development occurred. Indirect and induced effects from these actions are addressed in the introduction to Section 5. There are no known projects or activities – past, present, or future – that would produce cumulative stresses on the provision of fire, police, medical or other services in the area. To the extent that Braman saw an increase in population as a result of the project and additional students were added to the Braman School District as an indirect or induced effect of the proposed action that could have a stabilizing effect on the school district and help maintain its viability. It is clear that the Braman School District would have substantial capacity to handle additional students since it has done so in the past decade.

No doubt, the principle cumulative effect that would relate to the alternatives examined in this FEA is the continuing drain on the population of Kay County and the Braman area. Drains on the population and employment in rural areas have been reported in the U.S. news media for some decades as jobs and people move to more urban areas, and Kay County has not been immune from this effect. If this drain is seen as an ongoing aspect of the changing human environment in Kay County, then the cumulative effect of that drain with the construction and operation of a gaming facility at the Braman property would be to help slow that drain to some degree. Such an effect is sufficiently conjectural that there is no good basis to quantify it.

5.8 Other Issues

5.8.1 Transportation

There is only one known project – past, present or future – that, when combined with the effects of Alternatives 1 or 2, might result in cumulative effects on traffic. As U.S. 177 is reconstructed,

83 some traffic from Blackwell, Newkirk and Ponca City to the Braman property might follow that route to the Braman property to the north rather than use I-35. That effect could add some through traffic in the town of Braman. The effect, however, would be expected to be small since the preponderant share of the clientele of a gaming operation at the Braman property would be coming from Kansas to the north. Additionally, I-35 would still be the faster and easier route to take, even from the south or for a portion of the trip from areas east of Blackwell. The U.S. 177 project is primarily being undertaken for safety and modernization purposes rather than for handling more traffic (Telephone communication with staff of Division 4, Oklahoma Department of Transportation). Beyond that, as a general matter, the traffic study completed for this environmental assessment concluded that existing traffic plus the traffic added by a gaming facility at the Braman property would be accommodated with very high levels of service without providing additional lanes or other offsite improvements (Appendix L).

5.8.2 Noise

The proposed site is in close proximity to Interstate 1-35 and Highway 177. As a result, the site has an estimated day night noise level of 68.8 dB. According to the U.S. Department of Housing and Urban Development, this level is in the normally acceptable range for commercial properties, such as theaters and restaurants. The project itself would not significantly increase the future noise level. Noise produced from the gaming facility will be minor in comparison to the traffic noise. There are no known cumulative, indirect, or induced effects to account for beyond the reconstruction of U.S. 177, which will be a temporary source of noise and the reconstruction might or might not overlap with that of construction or operation of a gaming facility at the Braman property.

This section describes the Kaw Nation's public involvement and its consultation and coordination with state and federal agencies and local institutions and Tribal members.

SECTION 6.0 ______Consultation, Coordination and List of Preparers

A public involvement process was conducted to inform and involve interested public, federal, state and local institutions in the Environmental assessment process:

• To identify all issues and concerns at an early stage

• To gather information for diverse interest groups and concerned agencies

• To allow the public to participate in the decision-making process

• To keep the public informed what the Kaw Nation is doing.

As a result, the public involvement letter was distributed to agencies and tribal members. The NEPA process is also another form of public involvement through scoping.

6.1 Overview

An extensive effort was made in notifying tribal members and surrounding residents about the transfer of the Kaw Nation Travel Plaza at Braman from fee land into trust status including the eligibility of the site for gaming purposes. The public was urged to remain active throughout the process and expressed their ideas to the tribal leaders. The public was informed through mailings, newspaper announcements, meetings, and personal contacts. Information was gathered through a public meeting held on April 9, 2006, at the Kanza Museum in Kaw City, Oklahoma. (Appendix M).

6.2 Coordination

6.2.1 Involved Agencies

6.2.1.1 Kaw Nation

The Kaw Nation requested the participation and full cooperation of Federal, State, and Local agencies to review and comment on the environmental impact of constructing a proposed project for the economic wellbeing of its tribal members and society at large (Appendix C & M).

6.2.1.2 Bureau of Indian Affairs

The Bureau of Indian Affairs is the agency directly involved with decision making authority for

85 the Proposed Action evaluated in this Final Environmental Assessment. The BIA coordinated with the Kaw Nation and vice versa in preparation of this FEA.

6.2.1.3 Fish and Wildlife Service (FWS)

The service has legal jurisdiction for the Endangered Species Act (ESA) and the Fish and Wildlife Coordination Act (FWCA). The Kaw Nation consulted with FWS on its conclusion that there would be no impact to federally-listed or proposed species or their habitats as a result of the Proposed Action (Appendix D).

6.2.1.4 Natural Resource Conservation Service (NRCS)

NRCS is responsible for administering the Farmland Protection Policy Act (FPPA) that deals with impacts on prime farmlands, and is responsible for identification and characterization of farmlands, soils, and water conservation. The Kaw Nation consulted with NRCS on the question of effects on prime farmlands and other issues, receiving a no effects determination (Appendix C)

6.2.1.5 U.S. Army Corps of Engineers (U.S. ACOE)

The corps has a responsibility to regulate wetlands, as well as control of the Kaw Dam, and shares responsibility in allocating water to the City of Kaw City and Kaw Nation.

6.2.1.6 Oklahoma Department of Wildlife Conservation (ODWC)

ODWC is responsible for state actions related to the federally and State-classified threatened and endangered species. The Kaw Nation works closely with the ODWC to develop, implement, enhance, and protect wildlife species in all of the Kaw Wildlife Management Areas. The ODWC representative indicated that he “. . . would anticipate minimal disturbance to the environment . . .” from the proposed action.

6.2.1.7 U.S. Geological Survey (USGS)

The USGS manages water, biological, energy and mineral resources, as well as improves the quality of life.

6.2.1.8 Oklahoma Historical Preservation Office (OHPO)

In close cooperation with Kaw Nation, OHPO identifies, collects, preserves, and maintains information pertaining to Kaw history, so that tribal members understand and appreciate their heritage.

6.2.1.9 Local Government

The Kaw Nation coordinated with the town of Braman government in preparation of this FEA on issues such as water supply, wastewater, fire emergency service, and cumulative effects. The town of Braman has provided a letter of support for taking the Braman property into trust and receiving a favorable Section 20 determination (See Appendix C).

6.3 Preparation of this Environmental Assessment:

This Braman Environmental Assessment was prepared for the Bureau of Indian Affairs under the direction of Dejene Alemayehu, Director of the Kaw Nation Environmental Department. Dr. Alemayehu can be addressed at:

Dejene Alemayehu, Ph.D, Kaw Nation Environmental Department, Director P.O.BOX 50 Kaw City, OK 74641

This Final Environmental Assessment was prepared with the assistance of:

Crystal Douglas – Kaw Nation Museum Director and Archeologist Jesse Burton – Kaw Nation Environmental Specialist Dave Hensley – Kaw Nation Environmental Specialist Gary Robison- Kaw Nation Emergency Management Officer Wayne Mitchell- Kaw Nation Indian Community Block Grant Ron Feazle – Kaw Nation Enterprise Development Authority (KEDA) Director Betty Durkee- Kaw Nation Historian William Bettenberg – Homer Law

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