In a petition posted last week on www.change.org, BIG defended the Tinian Ocean View Resort and Casino, saying it “will enhance and protect the Commonwealth’s inherent natural beauty and natural resources and will assist Tinian in meeting the long-term economic and social expectations of the commonwealth.”
Since 2014, the developer said, it has spent more than $13 million on the relocation and construction of the casino buildings built on a portion of the Tinian harbor leased from the Commonwealth Ports Authority.
““Although the facilities have been completed, BIG encountered a regulatory barrier when Commonwealth regulatory agencies determined the proposed activities at the Tinian Harbor did not meet the technical definition of port-related activities
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BIG, however, argued the Tinian casino is a port-related project because it will serve as a hotel accommodation for passengers who arrive on Tinian via the ferry.
“The law is not ambiguous: the Tinian Ocean View Resort and Casino is a ‘project’ and that the ferry is undeniably a port-related activity,” reads the petition, which had 190 signatures as of Sunday.
BIG said it has complied with permitting requirements of the Department of Public Works, Historical Preservation Office, Coastal Resources Management, and Bureau of Environmental and Coastal Quality and that the project complies with the provisions of the Department of Public Land Conveyance and the Coastal Resources Management regulations.
“The project is being constructed in and around ‘land and water areas of particular concern surrounding the commercial ports of the Northern Mariana Islands which consists of projects, industrial uses, and all related activities’ as defined in the Coastal Resources Management regulations,” the petition reads.
““The developer further argued that the project is in the ‘highest’ use category because it involves ‘a water-dependent port and industrial activities and uses located on the APC shoreline.
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BIG said the first phase of construction is a ferry terminal that will provide roll-on/roll-off of vehicle services for Tinian residents that will address the lack of consistent flights to the island and will assist BIG with meeting the needs of BIG’s customers.
The company — which reports a monthly payroll of $160,442 — said it has hired more than 80 local employees who earn an average salary of $9.50 per hour, approximately 45 percent higher than the CNMI minimum wage of $6.55 per hour.
If Coastal Resources Management denies its application for a master siting permit, BIG warned it would be compelled to let go of many employees and programs which “depend on BIG’s monthly payroll of $160,442, annual $500,000 conditional license fee, and monthly average construction and operational expense of $190,000 in the CNMI.”
The Tinian Ocean View Resort and Casino is an EB-5 project, which means it is under a visa program that provides a method of obtaining a green card for foreign nationals who invest $1 million or at least $500,000 in a targeted employment area.
To resolve the legal issues, Tinian Rep. Edwin Aldan has introduced a measure, House Bill 20-23, that will define “industrial port use” and “port-related operations” and amend 1 CMC Section 2806 (g), Public Lands: Fundamental Policies.