It's a popular local and tourist attraction, but the Marbo Cave area is now the focus of separate investigations being conducted by the Guam Environmental Protection Agency and the Department of Public Works. As KUAM first reported on Tuesday Guam EPA conducted a recent inspection of storm water runoff from a solar farm project in area. This led to a second inspection by Guam EPA and DPW on Wednesday.

And Thursday afternoon, a Notice of Violation was issued.

Images of the popular spot before and after are striking. Marbo Cave's normally-crystal clear fresh water are muddied with sediment and storm water runoff from a nearby solar farm under construction.

"It's in bad shape," said Nic Lee, spokesman for the Guam Environmental Protection Agency.

He noted that inspectors conducted a second site visit to the Marbo area on Wednesday. The first inspection was conducted last Friday, but focused primarily on the storm water runoff that blocked access to private landowners' properties in the area. The second inspection revealed the damage extended to one of Guam's most historic and popularly visited attractions.

"The environmental monitoring team, which consisted of the program administrator and one of the biologists, did a site inspection of the cave area and observed there was significant amount of sediment that had been deposited into the area. The pathway that most folks would normally take to access the cave has been obliterated, and that could be attributed to the influx of storm water that could be associated with the project after the heavy rains we've been receiving over the last several days," Lee detailed.

The environmental damage is also under investigation by the Department of Public works which also gave their required approvals and permits for the solar farm project.

DPW Deputy Director Linda Ibanez told KUAM News, "The contractor did provide a plan a design to contain their water in that area, so it was approved it was designed properly so we're looking into that. Building inspectors are out there doing their assessments."

Guam EPA also reviewed their plans, but they also reviewed the photos, videos and conducted their own assessments.

KUAM also inspected the erosion and sent up a drone for an aerial view of the damage.

"It's obvious this is egregiously in violation of our regulations," said Lee. "It also sends a wrong message to responsible contractors who manage their projects responsibly - you have a plan that you submit to the agency it goes through the review it's as simple as that."

According to Lee, the contractor's plans were to include multiple ponding basins which would catch the storm water runoff. "Some of them were incomplete or not constructed at all," he said.

"It is completely irresponsible - it is a disservice to the community, and here's the ironic part: the project is to look into sustainable energy and you don't take the time and you don't honor the spirit of the project when you're causing damage that could have otherwise been avoided."

Late Thursday afternoon Guam EPA issued a notice of violation to the solar farm contractor Samsung E&C America, Inc. The company was cited for failing to follow their Erosion and Sediment Control Plan that was approved by the agency. Although Guam EPA issued a proposed penalty order of $10,000 a day per violation spanning over 368 days and totaling over $18.4 million.

Guam law only allows a maximum penalty amount of $125,000. The company must come into compliance within in the deadlines cited in the NOV. It also has the right to appeal within 30 days. Guam EPA also ordered the contractor to be on standby to receive and implement additional orders directed toward the cleanup and restoration of offsite properties and resources damaged by discharge of runoff and sediment from the solar farm site.

Meanwhile the Guam Power Authority confirms the solar farm project is part of their contract with the Korea Electric Power Company. KEPCO is constructing the 60 megawatt photovoltaics solar farm which is scheduled for completion in early 2022.  According to GPA as of June 25, almost 150,000 solar panels have been installed.

The KEPCO contract cost is $200 million over a 25-year period.