Developer: We didn’t clear lot with burial sites, at-risk species

Piles of fallen trees and branches and what appeared to be scraped earth could be seen Tuesday at a parcel of land sandwiched between the Hyatt Regency Guam and Burger King in Tumon. Post files show Taiwan-based investor Evergreen spent over $40 million purchasing about 14 acres of Land in Tumon, which includes a parcel directly adjacent to the Hyatt, in the late 2010s.

State Historic Preservation Officer Patrick Lujan told the Post he had received a tip that the lot was being cleared over a week ago. He said he appeared on site as work was being performed on a Sunday afternoon and ordered the work crew on site to stop. A backhoe and two excavators were present, which Lujan said he believed were being used to uproot trees that weren’t felled by Mawar, though the crew in the area told him otherwise.

An archeological survey, which had not yet been performed, was required before the area could be cleared, Lujan said.

“Right next door at the Hyatt, there were so many burials (unearthed)” when the area was surveyed back in the late 1980s, Lujan said.

“So the probability is high in that area – anywhere in Tumon – the probability of burials is high.”

Habitation at Tumon dates back thousands of years. Remains and cultural artifacts are routinely unearthed in the area. Most recently, archeological discoveries held up the renovations at the Crowne Plaza Resort Guam in 2021.

Lujan said his office and archeologists on staff were in the process of conducting a damage assessment, which may be finalized sometime this week. Destruction of historic property is a third-degree felony, with fines of up to $50,000 per violation. Those involved could be facing hefty fines and, he told the Post, “this looks like a really big violation.”

Besides historical and cultural resources on the site, there also was a population of endangered snails present, which the owner of the property was informed about, he said, and the Guam Department of Agriculture had been told of the possible destruction.

Staff at the Division of Aquatic and Wildlife Resources confirmed Wednesday morning that staff had been out to inspect the site. The Post couldn’t immediately get clarification about the population or species of snails on site.

Only clearing fallen trees

But nothing more than the removal of downed trees at the Tumon site was occurring, according to Harry Gutierrez, who was identified by Lujan as a representative for the landowner who was “in charge” on the day the cease-and-desist order was served.

Gutierrez told the Post he was no longer representing Evergreen LLC as of Wednesday and said he had recently “backed off” as he didn’t “want any problems.”

Additionally, about four trees had fallen over and onto the fence line of the Hyatt, blocking access to the beach.

“You mean to tell me that the storm did not uproot any of the trees on Guam?” he asked, when asked about accusations there was more than just debris clearing going on.

Gutierrez said he had previously hired someone to assess the issue with the snail population at the site, which was a major and expensive issue for the development of the property and properties all around Guam.

Any artifacts in the area would be found under several feet of dirt, not at the surface, he said, and previous owners had cleared out the area decades ago by selling sand from the lot. Continual stalls from the government might ultimately result in the Tumon landowner pulling out and abandoning the project, he said. 

He said that he had hired a contractor to perform the work at the property, but declined to name them, stating he was only paying them hourly for their work and didn’t want to get them involved.

“They’re not responsible,” Gutierrez responded, when asked by the Post if any wrongdoing could have come from the contractor involved.

Investigations ongoing

Contractors License Board Investigator Supervisor Nida Bailey told the Post her staff was working to identify the contractor involved, but had so far been unsuccessful. Investigators went to the Tumon site Monday, she said, and a notice to appear would be issued to Gutierrez.

Department of Public Works Director Vince Arriola said his agency was working with Lujan, local agriculture agency, the Guam Contractors Board, the Department of Land Management and the AG on the issue.

“Violations will be issued this week,” he said. “A stop order was issued by SHPO. DPW attempted to issue a violation but no one was on site, and we are seeking verification on the owner and contractor.”

The attorney general declined to comment about what laws, if any, were broken, or whether criminal charges or a civil suit might follow.

“We are in the preliminary stages of the investigation,” Moylan said.

Lujan was more certain there was a violation at the site and that it was intentional.

“This is a shame, that there’s still – whether it’s investors or our own local people – that would try and pull the cover over the government’s head, so to speak, especially on highly sensitive cultural and agricultural property.”