February 2023 Updates
February 28, 2023

SMA Minor Construction

New BMPs as designed in the SMA Minor permit were put in place before any sitework commenced. At the direction of the DPP inspector we have removed BMPs where the construction is complete and the grass is in place. The construction of the SMA Minor is completed and awaiting final inspection. The grading permit was closed on July 18, 2022. The final electrical work has been completed and we are awaiting a final inspection from HECO and DPP to close out the permit. Signs were posted facing both inside and outside the property directing pedestrians to use the crosswalk at Pupukea Road. The Pahoe Road fence was completed on August 19th, 2021.

Tenant Compliance

All trucks completed their required two moves in February. Single-use plastics, plastic straws, and non-reef-safe sunscreen continue to be prohibited for all tenants. Tour buses continue to be prohibited from the site. All tenants have been notified to remind customers to use the crosswalk at Pupukea Road when crossing Kamehameha Highway. Any signs within 30 feet of the highway have been removed.

Baseline Inspection Report and Compliance

Inspectors from DPP visited the property unannounced in February 2021 and conducted a baseline inspection of the entire property. Hanapohaku and others received the report on February 23rd, 2021. Hanapohaku has since reviewed the report including the photos and required changes described in it. All tents required to be removed were immediately taken down. The signs included in the report have all been removed. The electrical violations have been addressed and are awaiting a final inspection at the completion of the SMA minor construction.

Website Information

All Hotline inquiries have been posted to the website. Communication thread with responses posted below. A monthly update with all required information was posted to the website on February, 2023.

Submitted content

Name: Denise Antolini

I am submitting this complaint due to HPʻs Omission from Monthly and two Annual Reports of the overflowing grease trap reported to the State Department of Health (DOH) in December 2021, reportedly causing employees to slip and fall in the grease seeping on the ground. This serious failure to maintain the wastewater treatment system resulted in Notice of Violation from DOH and fines for an "inoperable" wastewater treatment system, "active spilling," and "strong and continuous adverse odors." We understand that Hanapohaku paid a $200 fine in Jan. 2022 and was required to enter into a maintenance contract for all wastewater treatment units. The 2022 Annual Compliance Report, required under Para 4 of the Settlement Agreement: "Developer agrees to post accurate information, updated at least monthly, on its website regarding any updates to all aspects of its permitting and *compliance* process, *including penalties assessed and fines paid,* and anticipated tenant mix." The DOH NOV details and fine paid should have been included in the Dec. 2021 monthly report, the 2021 Annual Compliance Report, and at minimum, in the Jan. 2022 monthly report, and the 2022 Annual Compliance Report. The bland statements in these reports that, essentially, "all fines have been paid" is insufficient detailed or insufficiently accurate information to inform the community about this serious incident and violates the letter and spirit of the Settlement Agreement. Please remedy HPʻs non-compliance in the upcoming Monthly Report for Feb. 2022 by including *specific information* about the Dec. 2021 DOH violation, including the underlying documents to prove the appropriate resolution, and any other HP follow up so that these reports provide accurate information and HP proves that it will ensure protection of community and employee health and safety. Mahalo.

Response

Aloha Denise – Thank you for your inquiry. Hanapohaku has posted accurate information regarding all aspects of its compliance process including in the monthly report from December 2021. At that time, we also offered to discuss further and provide additional information related to this issue in conjunction with the ongoing mediation. We did not receive a response to that offer, but remain willing to do so if there is clarification needed about the level of detail or what specific information is required.

Thanks,

Hanapohaku

"McCully's Corner has become a very special place for my family."
Teri Davis
Pupukea Resident