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BellaTerraConcep.jpgThe development on the Upper Red Rock Loop Road known as Bella Terra had a couple of pieces of good news recently.

By Mike Cosentino
Larson Newspapers

The development on the Upper Red Rock Loop Road known as Bella Terra had a couple of pieces of good news recently.

Michael Zito and his company, BySynergy, have received the go-ahead from the Army Corps of Engineers, thus allowing work to continue on all of the property.

Work was suspended on a small area near Oak Creek pending what is known as a Section 404 review.

Section 404 refers to part of The Clean Water Act that governs work performed near certain waterways.

ACE approval of the permit means site improvements by Oak Creek can go forward, including fill and grade operations, according to ACE records.

In a letter dated March 13, the Corps? Regulatory Branch Chief Cindy Lester states, ?The Corps of Engineers has determined under section 404 of the Clean Water Act that your proposed activity complies with the terms of the Nationwide Permit No. 39 ....?

Under the terms of the permit, BySynergy has 12 months to complete work next to Oak Creek.

The letter also states that ?it does not authorize any injury to the property or rights of others.?

In a related development, the Arizona Department of Environmental Quality announced March 30 that BySynergy withdrew its appeal of a groundwater protection permit issued to the developer earlier this year.

BySynergy appealed the approval of its own permit because it did not wish to provide $600,000 in financial assurances, BySynergy President Michael Zito stated previously.

?We included a significant financial assurance guarantee in the permit to make sure that adequate financial resources are available to address any impacts if they were to occur,? Steve Owens, Arizona Department of Environmental Quality director, stated in a press release.

?BySynergy had filed an appeal of the permit but last week notified ADEQ that it was dropping the appeal and would comply with the financial assurance requirement,? Owens stated.

By dropping the appeal, BySynergy will probably be able to start construction of its wastewater treatment plant as originally proposed by the company.

Zito was unavailable for comment as of press time.

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