A more than half a million dollar spiral stairway with access into Tumon Bay has beach goers sounding the alarm. The project is owned by Tsubaki Towers who got most government agencies to sign off on the permits to build it. The Guam Environmental Protection Agency and others confirm with KUAM they’ve received complaints in the past year, but no issues were discovered. KUAM investigates as those that frequent Tumon Bay worry over environmental concerns they’ve noticed below the surface.

A construction zone along the cliff line in Tumon Bay.

KUAM capturing the project underway in the waters below Tsubaki Tower in Tumon.

As we get closer, the sand starts to feel mushier than what we felt when we first stepped into the water.

And as we look up, a spiral staircase with scaffolding sits along the cliff line.

We get a closer look at the sand beneath our feet.

Concerned beach goers who frequent this area brought the issue to KUAM after noticing the construction well underway.

We ask one of the contractors about the work being done.

"No. there is no concrete being poured," the person replied.

He explains it’s the waves coming in to this cove area making the sand feel different.

He also assures us that no materials are being dumped into the ocean.

So we got a sample of the sticky sand. It’s kind of hard and has a texture of cement. Now we are further away – at least 100 feet away from where the construction area is. We are getting another sample of the usual sand – you can already see the difference…You can see it’s grayish. But according to the contractor we spoke with…he tells us they are not doing anything wrong and that the project is expected to open soon for guest there at the hotel.

KUAM also captured a view from high above of the project and the concrete steps near the poolside.

We also got a copy of the permit from the Department of Public Works that shows the $524,000 project is a spiral stair and concrete stair that was approved for the applicant JHC Corporation in August 2022.

Land Management, Contractor’s License Board, Fire Prevention Board, PEALS Board, Parks and Rec and Guam EPA all signed off.

One agency that did not – Guam Department of Agriculture who suggested the developer obtain a marine preserve area permit.

But that never happened.

Michelle Lastimoza, administrator with Guam EPA says the approved permit has strict conditions.

"That they install erosion and sediment control barriers so that there is no sediment runoff into the ocean. Also, everything stock piled or excavated had to be removed daily. So we actually had a complaint a couple months ago for the same project. We did send out an inspector," she said.

She says that inspector found no violations.

Additionally, we obtained a letter dated October 1, 2024 from state historic preservation officer Patrick Lujan sent to director of engineering construction with PHR Technical Services Takashi Ochi thanking them for submitting a mitigation plan.

KUAM also reached out to the Tsubaki management for comment.

And after our call sharing concerns from the community, Guam EPA confirms they would be conducting re-inspection of the site.