The Tsubaki Towers spiral staircase construction project at Tumon Bay that concerned beachgoers last month is on the Guam Environmental Protection Agency’s radar. Following KUAM's investigation, the issue now bringing up concerns among board members who say while we have strong environmental laws, enforcement continues to be a challenge.

The controversial construction with access to Tumon Bay - one of Guam's five protected marine preserves – has brought enforcement concerns to the forefront during a Guam EPA board meeting on Thursday. Following KUAM's report last month where we shed light on the altered consistency of the sand, GEPA board member Steven Hollister shared his frustration that "contractors are cutting corners."

"I even went when they were building Tsubaki. I took pictures of runoff and I mentioned that here at one of our meetings, how I was staying at one of the other hotels and looked out and you could clearly see the water was a different color coming off the construction site. I think you said you went and checked it or someone had gone and checked it but couldn’t find anything," he said.

JHC Corporation got a permit to build the staircase in August 2022 for Tsubaki Towers, which was signed-off by all the relevant agencies except the Guam Department of Agriculture. The agency told KUAM News that beach construction requires a marine preserve area permit as it can harm natural resources, but Tsubaki did not obtain one.

Following our report, Guam EPA administrator Michelle Lastimoza says they re-inspected the site and found no wrongdoing. Guam EPA acting inspector supervisor Ron Charauros did the re-inspection himself, and he said, "When we heard about that in the news, the following day I went out there. That’s the first thing I checked."

He maintains everything was in compliance, though admits he didn’t check the silt. "As far as the silt on the beach, I cannot answer that because I didn’t go out to the water to touch that water. I just went to the staircase going down and the top part where they were mixing cement and trying to finish off the walkway," he said.

EPA requires silt fences - or temporary sediment barriers - that are crucial to prevent sediment from entering waterways and to protect the environment. During the permitting process, the agency gives out a pamphlet on silt fences but they’re aware it’s probably left unread and “end up in the floor board of a truck.”

Hollister noted, "Everybody has an idea that contractors do what they want as soon as someone turns their back to them," after which Charfauros said, "You know what, I’m going to admit it, you’re right. The reason why I’m going to admit that is because we’re having a problem with the permit process."

It’s known that silt fences can fail if not put up or maintained properly.

KUAM News reached out to a soil expert who confirms increased sediment can change the composition of sand, causing it to harden or cement. Excessive silt or sediment can impact water quality, smother coral reefs and cause harm to the marine ecosystem.