Contractors respond to Q&A on the TACMOR site in Angaur - Island Times
Contractors working on clearing the TACMOR site in Angaur respond to questions regarding the environment currently being cleared for the construction of the US Tactical Mobile Over-the-Horizon Radar (TACMOR) Project.
A lawsuit filed by the Angaur State Government against the governments of the United States of America, the Republic of Palau, and the contractors hired to clear the site of the US Tactical Mobile Over-the-Horizon Radar is currently pending before the courts. The suit alleged that the abovementioned defendants violated Palau and United States environmental laws and terms of the Compact of Free Association that governs the utilization of land in Palau acquired for the United States military purposes.
The lawsuit alleges that the residents of Angaur are being adversely affected and the project is “damaging their reef areas and waters because of inadequate mitigation measures in and place and damages historical sites within the area designated for the TACMOR project.
The suit claims that 1,869 tons of lead-contaminated soil and 125 drums containing 92 tons of bitumen at the TACMOR Site expose the residents of Angaur and the environment to harmful poisons.
Q & A with CAPE Environmental, (Contractor in charge of site clearing) through a third party.
Q. Approximately how many bombs (UXO) were collected from the site?
A. 232 rounds of unexploded ordinance (UXO), 20mm and larger, and 521 rounds of small arms ammunition (SAA) (50 cal and smaller). During the UXO removal, an additional 20 tons of metal that was not explosives-related was extracted and placed with other metals to be consolidated on-site. (Subcontractor – Norwegian People’s Aid (NPA) is contracted for UXO removal.)
Q. What was the approximate volume of tar on the land?
A. The project site had approximately 100 cubic yards of bitumen, a tarlike asphalt product. Some of the material was still intact in drums, but a lot of the drums had corroded and the material spread out on the ground. CAPE picked up the material that was on the ground and consolidated it with the intact drums. The bitumen will be placed in super sacks and transported offsite for disposal to an authorized disposal facility.
Q. What volume of metals and other WWII debris were removed from the site?
A. CAPE removed 480 cubic yards or approximately 225 tons of metals (including what NPA recovered) from the project site. These include scrap from WWII as well as relic mining equipment that had been abandoned in a former phosphate mining pit. This metal was removed and placed in a consolidation cell on the project site and treated with soft rock phosphate in case of potential lead contamination. None of the metals checked on-site tested positive for lead. The metal will be capped with a 30-mil liner and 2 feet of natural material.
Q. Was there any soil erosion into the sea?
A. We have not witnessed nor seen any evidence of stormwater leaving the project site. Erosion control devices have been installed on the project boundaries per design, and the stormwater pollution and prevention plan submitted with our earthmoving permit package. These are checked after every storm event or after 0.5 inches of rain or greater during a 24-hour period. We are confident that no stormwater or surface water has entered the waters surrounding the project site during our construction.
Q. What about the lead found in the soil?
A. CAPE will also be remediating lead-contaminated soil found in one of the former mining pits on the site. 1700 CY of lead-contaminated soil will be removed, relocated to a consolidation cell on the site, and treated with soft rock phosphate. This will bind the lead with the soil so it cannot leach into water. Then, the lead soil will be covered by a 30-mil liner and covered with 18 inches of soil and rock to further isolate it. The area in the mining pit that formerly contained the lead soil will also be treated with a layer of soft rock phosphate.
Q. Were the Bekai (megapods) and animals on-site able to relocate elsewhere on their own?
A. The megapod, monkeys, and other wild animals were able to relocate on their own during vegetation clearance activities. While clearing trees, our subcontractor, Pacific Limited Inc. (PUI) left narrow corridors of vegetation that connected with forested areas that are not part of the project. The wildlife used these vegetated corridors to move from cleared areas to forested areas under cover.
Biologists from the Belau National Museum also studied 11 megapod nests. Four megapod eggs were taken back to the Belau National Museum for incubation. A megapod was hatched in captivity for the first time in Palau’s history. It was released into the wild 10 days later. (By: L.N. Reklai)
Angaur State sues Palau, US, and US military contractors over TACMOR Project
Angaur State Government, one of the sixteen (16) states of Palau, represented by its Governor Steven Salii, filed a lawsuit yesterday against the Palau government, the United States government, United States contractors, and the Palau Environmental Quality Protection Board (EQPB) for the alleged violations of Palau environmental laws and the Compact of Free Association agreements over the US Tactical Mobile Over-the-Horizon Radar (TACMOR) Project in Angaur.
The lawsuit claims that the Palau national government, the United States government, the companies hired to clear the site for TACMOR Project, Cape Environmental and Pacific Unlimited, along with Palau Environmental Quality Protection Board, allowed for the clearing of some 271,807 square meters of land in Angaur without conducting the Environmental Impact Assessment (EIS) and getting required permits before commencing site clearing and earthmoving activities.
Under the Compact of Free Association, the United States have certain rights to “exclusive use area” for (General Military Use and Operating Rights Within Defense Sites), but the lawsuit said such use is subject to limitations such as “Avoid interference with commercial activities in Palau, avoid interference with access by fishermen to shoreline areas, avoid activities which would adversely affect the well-being of the residents of Palau …minimize damage to the environment, and avoid reasonable harm to the environment including waters areas.” The ongoing clearing project violates the cited “limitations,” the lawsuit states.
Furthermore, the suit claims that the well-being of the residents of Angaur is adversely affected by the ongoing land clearing, which is “interfering with the access and travels of the residents of Angaur …, erosions damaging their reef areas and waters because of inadequate mitigation measures in places” and damages to historical sites located within the TACMOR site.
The suit also claims that 1,869 tons of lead-contaminated soil and 125 drums containing 92 tons of bitumen located at the TACMOR Site are exposing the residents of Angaur and the environment to harmful poisons.
“The people here usually come here (TACMOR site) to collect land crabs or fish around the reefs here, but now they can’t,” expressed former Angaur governor Marvin Ngirutang during a visit to the site over a week ago.
The lawsuit seeks immediate Temporary Restraining Order, stopping the land clearing, saying that “irreparable damage” to the environment and residents of Angaur will result if the project continues.
“The hardships now being faced by the Residents of Angaur because of the TACMOR Project greatly outweighs any hardship that the United States, Palau, EQPB, CAPE Environmental and Pacific Unlimited may face if the requested injunctive reliefs by the Plaintiff herein are granted,” states the suit.
Angaur State, the plaintiff in this case, asks the court to declare that Palau, United States, EQPB, and CAPE Environmental, or Pacific Unlimited, violated environmental laws and regulations, warranting fines of $10,000 per day for all the days they conducted clearing without a lawful permit from EQPB. It also asks that the court declares that an EIS is required for any land-clearing work on the TACMOR Site. It also seeks compensatory and punitive damages against CAPE Environmental and Pacific Unlimited.
The TACMOR project site lies adjacent to the Angaur airstrip on private lands owned by Ochedaruchei Clan and Children of Orrenges Thomas in the hamlet of Ngermasech, Angaur. Not all citizens of Angaur agree with the lawsuit.
Last week, the traditional chiefs of the Ngermasech hamlet, the Ngaraeriud, signed a resolution opposing the lawsuit, saying that it is being filed without the knowledge of the people of Angaur.
“Ngaraeriud have obtained information that a lawsuit is to be filed on behalf of Angaur State against the United States Military and its sub-contractors without a public hearing, consent of Angaur Traditional Chiefs, or even a town hall meeting by the Governor to inform every citizen of Angaur of the reasons of the adversarial legal actions against anyone, in order for the Angaur people to understand the content of the lawsuit and its benefits and disadvantages to all people of Angaur State,” the resolution states.
The resolution asserts the US military project improves Angaur’s economy and provides jobs and opportunities for the people of Angaur.
The landowners of the radar project site entered into a lease agreement with the Palau government. Per the request of the United States Government, the Palau government, under the Compact of Free Association, provides lands for its use.
Angaur State removes US government from TACMOR lawsuit, ROP asks court to sanction Angaur Governor and Attorney
Angaur State has dismissed the United States Government from the lawsuit it filed in July 2023, alleging violations of environmental laws and the Compact of Free Association over the preparation for construction of the TACMOR project in Angaur.
The dismissal came about after a meeting between Governor Salii of Angaur State, the US Ambassador Joel Ehrendreich to Palau, and US Rear Admiral Gregory Huffman Commander, Joint Region Marianas.
Attorney Nicholas for Angaur State said that the meeting was “very good” and that “certain understandings/agreements were reached aimed at the US helping our Governor to better the lives of our people in the long run.”
Attorney Nicholas did not share specifics of the agreements or understandings reached but assured that, as a result, the “future looks promising for our people.”
Meanwhile, the Palau government filed a motion on November 3, 2023, asking the court to sanction Governor Steven Salii in his capacity as Governor of Angaur State and his attorney, Brien Sers Nicholas, for “violation of ROP R. Civ. P. 1(b)(3),” where the Plaintiff’s Complaint alleges facts in direct contradiction to the Exhibits attached to the Complaint.”
The government claims that Angaur State knowingly made statements that contradicted documents or exhibits attached to their complaint. It further asserted that Angaur State’s complaint failed “to allege a cause of action and merely alleges requests for remedies.”
The government motion asks the court to dismiss the Angaur government complaint and order them to pay the Republic of Palau and the Environmental Quality Protection Board attorneys’ fees and the cost of preparing and litigating the case.
The attorney for the Angaur State Government countered ROP’s motion for dismissal, filed a motion for summary judgment, and requested a hearing based on ROP R. CIV. P. 7(c)(10)1.
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