SMA Minor Construction
New BMPs as designed in the SMA Minor permit were put in place before any sitework commenced. The grading permit was closed on July 18, 2022. The electrical permit was closed on June 21, 2023 and the overall permit closed on June 30, 2023 after a final inspection by DPP and HECO. 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 January. 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.
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 January 31, 2025. Our yearly report was completed and shared on January 31, 2025 and includes a link to AADTC information from the HDOT website: https://histategis.maps.arcgis.com/apps/MapSeries/index.html?appid=39e4d804242740a89d3fd0bc76d8d7de
Submitted content
Name: Denise Antolini
See photos below from today. North shore surf shop is CONTINUING to display and rent snorkel gear when it is unsafe and the BEACH is closed by the Lifeguards! 1. No hawking is allowed under settlement agreement - this display of gear is a violation. 2. Sharks Cove was taped off and closed by Lifeguards due to unsafe conditions - the hawking and rental of snorkel gear if *completely irresponsible* and opens you and your tenant up to *liability* for injury or death of renters or purchasers of gear. 3. Is it true the last snorkel fatality at sharks cove - the Japanese man who died a few weeks ago- had rented gear from this shop? Please acknowledge if this is true or deny it. 4. I ask that you and your tenant STOP - display of snorkel gear that is visible to passersby and traffic and - STOP all rentals immediately when the Lifeguards have taped off the beach *or* there is any whitewater in the Sharks Cove tidepools. Not safe. Not Pono for you and tenant to ignore and exploit visitors when conditions are clearly unsafe. Please change your and tenant's business practices immediately and confirm that you have. Please reply to question 3 above. I will also paste this into your website Format but you still are not allowing photos to be attached despite my request years ago so I had to email you.
Response
Hi Denise - We have checked in with our tenant and he confirmed that he works directly with lifeguards to stay abreast of ocean conditions and when there is a high surf warning they do not rent snorkels. He is very committed to safety and communicates regularly with ocean safety officials. He also confirmed that they had not rented to the Japanese man in question. We disagree that having the gear hanging there constitutes hawking as defined in the settlement agreement.
Aloha,
Hanapohaku
Submitted content
Name: John Thielst
1/25/25 Surf shop is hawking with many surfboards leaning against planter box’s. Your Tenants just do whatever they want with no enforcement from you the owner
Submitted content
Name: John Thielst
1/25/24 Again, this morning at 8:30 am surf shop had many surfboards leaning against the planter boxes and in a rack just back from another. Your tenant is completely violating the MSA on Hawking. Please get under control.
Response
Hi John - We reached out to the tenants and they sent over videos showing the surfboards in racks several feet back from the planter boxes and not leaning on them. As a courtesy we asked them to move the boards back further which they agreed to do tomorrow. We are happy to do this but disagree that having the surfboards positioned there constitutes hawking as defined in the settlement agreement. Aloha, Hanapohaku
Submitted content
Name: John Thielst
That is a absolutely untrue statement They had free standing surfboards at least 6 totally leaning against planter boxes for at least 2 days that I saw and I’m sure it was more early in the week when I was at work. I sat and watched them put them out. The MSA says 30’ the rack was closer. You guys have absolutely no control over your tenants
Response
Hi John - The only mention of anything prohibited within 30 feet of the highway is in Section 16 of the MSA which clearly states "signage within 30 feet of the highway" is prohibited.
Though we are not required, we have always encouraged folks who want to send photos that they can go ahead and attach them to our email response and many folks have followed through on that. If there is a disagreement about how to interpret the MSA (such as what is prohibited within 30 feet of the highway) then the mediation outlined in the MSA is probably the best way to reach a resolution. As I mentioned in my previous response, the tenant has agreed to move the surfboard racks back as a courtesy but having a surfboard rack in front of their shop does not qualify as hawking as defined in the MSA. Aloha, Hanapohaku
Submitted content
Name: John Thielst
You want pictures of the boards leaning against the planter boxes?? Happy to send. If you were really interested you would allow pictures download on the hot line
