Preservation of the Environment in The State of Hawaii in the United States - Case Study Example

Client Many countries in the world are now making moves towards protecting their environment. Some countries have passed strict rules and regulations, to preserve and protect the environment. The State of Hawaii in the United States is no different. It prioritizes the protection and preservation of the environment. Because of this, rules were made requiring persons wanting to introduce developmental changes to obtain the governments permission. The permission must be obtained before making any developmental change. The creation of new buildings and any expansion to structures already existing are considered as developmental change. Those who would want to make this type of developmental change must get the governments permission. Even proposed buildings or expansion projects of existing structures owned or controlled by the agencies of the government on public land is not exempt from getting the governments permission. You can get said permission from the Environment Department. The Office of Environmental Quality Control (OEQC) is directly charged with issuing the permission. The OEQC's primary task is to stimulate, expand and coordinate efforts to maintain the optimum quality of the States environment. All private as well as public entities and agencies must secure the aforementioned permission. This is how strict the government is that it requires itself, the Laie Elementary School is a government controlled and operated school, to obtain permission to build from itself, the OEQC another agency of the government. This safeguard is to make sure that there will be no destruction of the environment in any way. The Laie Elementary school wants to expand its cafeteria, and so must obtain the needed permission. They understand that they have to carefully study and know the rules of the OEQC. The school is prepared to do everything that the OEQC requires. I will discuss the issues that may affect the environment upon the implementation of the schools plan for developmental change. I will also explain the rules that must be followed before any expansion of the school may be allowed in Hawaii. I- Factual Background The project is located in the central area of Laie town in Oahu Island, more specifically in the campus of the Laie Elementary School. The place is owned by the State of Hawaii and the City and the County of Honolulu. The Campus is about 7.61 acres. Its land use classification is urban and is an R-5 residential under the zoning of the land use ordinance. R-5 zoning means that only single family residential units is occupying the neighboring lands. The proposed project consists of the expansion of the existing Laie Elementary school cafeteria. It will add an approximate of 3,600 SF or over 50% to the existing cafeteria. The cafeteria is approximately 30 years old and can fit only 250 occupants. At the present time the enrollment capacity of the school is at 900 students. To accommodate all students, the cafeteria's meal services have been made to provide meals in three shifts or batches. Presently Lunch is served in three seating shifts, from 10:45 AM to 11:15 AM. With the proposed expansion, lunches will still be served in shifts but it will be decreased to two seating shifts. The proposed expansion includes a dining area; new heater and electrical room; new tray return and wash area; locker room; toilet and an office space. The existing kitchen will be made bigger to accommodate the needs of cooking for the ever increasing school population. This will also ensure that meals are kept hot, preventing any bacterial growth and health issues that may arise from such growth. This developmental change will also include a much needed wastewater facility for the cafeteria. The facility will be connected to a local sewer system. At present, the cafeteria is not connected to a local sewer system. It uses a cesspool system. That pit poses environmental, health as well as safety concerns for the school and the surrounding areas. The entire proposal will cost about $ 800,000.00, and it will be ready by the third quarter of 2002. The projected expansion will be 40 feet by 52 feet in the south direction of the cafeteria. This expansion will help in the serving of meals for the students, and increase the economy and taxes for the state of Hawaii. Other beneficial use is that the result of the proposed expansion will create a big space that can be used for audio-visual presentations that will expose the children to other forms of learning. This will be cost effective because the viewing will no longer be inside the classroom where only a few children at a time can watch. This big space can also be used for school-wide assemblies. This would finally end the practice of having school-wide assemblies outdoors, assemblies that would end quickly when it starts to rain. The safety and health of the children are our prime consideration. Having the assembly indoors would help close in the noise within the walls of the structure. It will also lessen the noise that is heard throughout the neighborhood. Included in the proposal is a new faculty dining room. The cafeteria, at this present time, does not have a faculty dining room. It is proposed that the new faculty room be situated close or overlooking this big student dining area so that the teachers can help monitor the students. The improvement will also cover additional sidewalks around the proposed expansion areas, a new septic tank, and leach field. The improvements will be designed in a manner consistent wit the existing cafeteria structure. The agencies who are seeking the expansion of the existing cafeteria in the Laie Elementary School in behalf of the children are the Department of Accounting and General Service (DAGS) and the Department of Education (DOE). II- Procedural Background The school is located in Kahuku area which has a climate that is typically warm and dry. For the Environment considerations, there is no proposed removal of any structure or large trees. Also there are no unusual topographic features that are located on the project site. The vegetation is limited to landscaping consisting of trees, grassy areas and ornamental shrubs. For the water resources, the project site is located in a zone AH area determined to be in the 100 year flood plain. There is no open water resource that may be contaminated in the event of the construction. Underground water resource will also not be contaminated for the septic tank that is part of the developmental change proposal will be built conforming to the environmental standards. In fact the threat of underground water contamination for the entire area will decrease. The open pit or Cesspool system that the school currently operates will be shut down when the big pipes connecting the school to the local sewer system would have been put in place. That will only happen with the approval of this developmental change proposal. The project improvement will not degrade air quality in the project vicinity. The kitchen expansion will include ventilation fans. Furthermore there are no additional tasks, nor any increase in those tasks that would give off a larger amount of fumes or smoke than the usual. Therefore, the proposed impact will not affect water or air quality. The proposed project in not expected to have any issues regarding public facilities. The proposed improvement will significantly be advantageous for the Laie Elementary school. As a result, the State of Hawaii under section 11-200-12 EIS Rules would not mind the expansion. The proposed action will occur on an existing developed site, and will not impact any natural area. The project lot is presently covered with grasses and introduced landscaping plants including various shrubs and trees. There is no rare, threatened or endangered plant in the project site or within its vicinity. The proposed expansion will make a positive contribution to the welfare and economy of the State. The proposed action will not increase the population living or working in the area. The proposed action will not degrade environment quality, and will not affect any rare, throated, or endangered species of flora and fauna. In addition, the proposed action will not have any impact on the air or water quality. Also it will not affect any scenic vistas or view planes. III- Preliminary Issues The Laie Elementary school has been in existence for sometime now. With the increase in population of the neighboring areas, and the consequent increase in population of the school, its facilities can no longer adequately accommodate all the needs of the students. The school wants to solve some issues that are present in the existing building related to this increase in school population over the years. But, instead of building additional buildings or a big enclosed area, they decided that it would be more economical to just add an extension to the already existing cafeteria. They need to expand the cafeteria, but the law said they should follow the OEQC. This office looks to the chapter 343 (1) to decide whether to extend approval or not. The school has issues with the existing building but if they expand the cafeteria those issues will disappear. This alternative is more economical and easier to implement for the law allows such a projected expansion as long as the cost of the project does not exceed 50 percent of the replacement cost. This is clearly allowed under section 21-9-10 of the land use ordinance. The government would not have to allocate funds for the property since the projected improvement is already part of school property. Budgetary constraints has been taken into consideration that is why the school chose the building of an expansion to an existing structure rather than building a new structure. The immediate need of the students are taken in consideration with this choice for building an extension would be quicker than building an entirely new structure. There are positive social and educational impacts that are expected as a result of the additional cafeteria space. First of all, the school should look for Hawaii's Environmental Impact Statement Law HRS 343 requires the preparation of environmental assessments and environmental impact statement for many developmental projects. The proposed action is part of EIS law. The environment review process begins with the creation of the draft of environmental assessment (EA). It is the proposing agency or the private applicant who will prepare this draft giving information on the status of the environment in the projected area for development and the nature of the proposed developmental change. The Environment Assessment must give a detailed description of the proposed action or project and evaluate direct, indirect and cumulative impacts. This will be used to evaluate the possible environmental effect of the proposed action. This will be submitted to the proper agency and will be posted or published. The public, at large, has 30 days to review and comment on the draft. The public is given the power to participate in the process for they have a concern or stake in the environmental concerns of the State. If upon determination and the proposed project is "Found to have No Significant Impact (FONSI), the school will be allowed to continue with the desired expansion without further study. Again, the proposing agency or the applicant prepared the EIS draft and the final stage. After the response of the public to the draft, they received and submitted the documents as final for EIS. Second, any adverse impact that may arise related to the expansion of the cafeteria is just temporary or short term that can be traced to construction impacts. By sound construction practices, classroom relocation plans and scheduling, alternatives will be prepared by the school administration to make sure that the classroom activities continue and a safe environment is implemented during the construction period. Any long term impact resulting from the proposed improvements, are expected to be merely minimal based upon the subject environmental assessment. Long term traffic, air and noise impacts are not expected to change significantly after the improvements have been completed. Short term constructions impact related noise and air quality mitigation measures including general good housekeeping practices and scheduling of work time during the construction period will be implemented. The constructor or builder will use the best management practices. The school will constantly remind the builder of this in order that the neighboring houses will not greatly be inconvenienced by the noise. Relocation of classes in affected areas within buildings P3, P4, P5 and P6 during the construction period will mitigate disruption. For the physical education activities that are held in the building P5 during inclement weather or raining weather, noise impacts should be acceptable during these times. The City and County of Honolulu Head Start Program that uses building P6 will be properly advised although it is not under the direction of Laie Elementary school. Building P3 and P4 are being used by the second grade classes. The school needs to temporarily relocate those classes to the library or other classrooms during the time of the construction. Finally, there are many reasons to support the expansion of the cafeteria without significant impacts. First of all, under the section 11-200-12 EIS Rule the proposal may have significant effect on the environment and every phase of the proposed action should be considered. The proposed expansion uses the result of significant improvements over existing substandard conditions. The conflicts with chapter 344 HRS, and any revision thereof, court decisions, or executive orders. The proposed action is consistent with the goal and guidelines expressed in chapter 344, Hawaii revised states and NEPA. The proposed Action is triggered by the use of state land and funds. The subject environment assessment developed with chapter 343. Also the proposed action will not affect any natural area because the expansion will already be in a developed site. The Department of Land and Natural resources will provide an archaeological monitoring plan to be prepared prior to the commencement of excavation for review. The process to be followed in the event of a possible archeological find will be conveyed to all concerned so that each will be guided accordingly. If any archaeological remains are uncovered during the time of construction, all work will stop, and the State Historic Preservation Office will be immediately contacted. The State Historic Preservation Office will then proceed with the appropriate action. Furthermore there are welfare and economic benefits from the proposed expansion of the cafeteria to the State and the City. The proposed action will increase the amount of sales in the cafeteria. This will bring additional income to the cafeteria and benefit to the students. At the same time this provides an improvement in educational facilities to the State of Hawaii. The proposed action will essentially allow the school to provide a meal service following the directive of the current Department of Education guidelines. This facility will generate goods and services in the area. This will directly lead to income and consequent taxes. Therefore, the government will also benefit from this proposed developmental change. For the possible health concerns arising from this proposed expansion, the proposed improvement will not have any impact on public health. In fact, the additional space will help decongest meeting and eating areas, areas where potential risks of transfer of communicable diseases are apparent. If you are looking for the effect on population increase as a result of the proposal, that will not happen. The number of students will not increase by virtue of this proposal. The school population is determined by the number of enrollees at the start of the school year. What this will do is to provide more space for children to interact, experience and learn. Neither will there be an increase in demand for public facilities. This is because there is no difference in the number and types of persons who will be using the projected expansion. The number of students remains the same prior to the projected expansion and the students are also of the same type, elementary students. The proposed action will not degrade the environmental quality. For other impacts, such as traffic, air, and noise has been quality assessed to be minimal during the period of construction. In addition, the proposed impact is disclosed to the public. So, there can be no other plans for future action that will possibly have an impact in the environment. The Department of Health construction Mitigated Standards and Normal Construction practices limit the minimal impacts on air quality and noise if it is anticipated during the construction period. If you looking at the possibility of any endangered plant, rare, or threatened species of Flora or Fauna, that may be destroyed because of the proposed action. There is none. Since the area is within the school bounds, it has been kept clean with only some ornamental plants and shrubs adorning the area. Hence there is no endangered flora or fauna in the projected improvement site. If you think that the proposal will bring about an increase in electrical energy consumption, this will not happen. If it does, it will be just a minimal amount. This is because the usual class activities will just be shuffled in terms of time. There is no increase in school activities that would require use of the facilities beyond the usual school hours. There will also be no difference of purpose in the use or function of the projected extension. It will remain to be a part of the cafeteria and will serve its purpose as a typical or similar cafeteria or facilities at any other school. Based on the above stated criteria, the proposed cafeteria expansion is not anticipated to have a significant effect on the environment. The issuance of the Finding of No Significant Impact (FONSI) is proof of this. For the proposed impact action is anticipated. In conclusion, the Laie Elementary school would follow all the steps it has mentioned in the expansion of the cafeteria. The school knows the needs of the children and for this reason it is important that the developmental change be executed as soon as possible. They opted for an expansion of the existing structure rather than building a new one for the purpose of expediency. The construction of an extension is faster than to build a new structure. The construction of an extension is cheaper in costs than building a new one. The school wants the expansion of the cafeteria desperately that they took the initiative of drafting and finalizing the documents for the EIS. Also there is no significant impact affecting a special agency or even the neighboring community or the Environment Office (OEQC). The school has submitted and given all the necessary documents that they have within the period of time required for by the EIS under chapter 343. The OEQC wrote back some comments for the FONSI and the school has adequately explained that. The school shows all possible solution for the noise, traffic and the noises arising out of the construction. In order to assure the community that the studies of the children will not be compromised by the ongoing construction, they provided plans on how they would schedule classes and classrooms. After that the school explained extensively the possible issue on future electrical consumption. Since energy and electricity are important issues today, the school answered this issue of sustainability. The school must be able to afford costs for maintaining the additional costs to light and heat the proposed extension. This was sufficiently answered in that an increase in the energy consumption is but minimal, if there is gong to be any. The school chose an extension of the existing structure because it will be cost effective to maintain rather than a separate building. An extension would require only a few additional lights. Unlike an entirely new building which would need, not only an entire set of lighting materials but also heating equipment as well. Also the expansion of the cafeteria would bring in benefits to the school as well as the Country in the form of taxes. For all these reasons, the Laie Elementary School could not be denied, by law, the expansion it so desperately needs. Notes (1) The chapter 343 section (8) Propose the construction of new, or the expansion or modification of existing helicopter facilities within. the State which by way of their activities may affect any land classified as conservation district by the state . land use commission under chapter 205; the shoreline area as defined in section 205A-41; or, any historic site as designated in the National Register or Hawaii Register as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or, until the statewide historic places inventory is completed, any historic site found by a field reconnaissance of the area affected by the helicopter facility and which is under consideration for placement on the National Register or the Hawaii Register of Historic Places . Read More