Contacts:
Carole Piszczek-Sheffield, Sierra Club, Sedona (928) 204-1517
Brian Myers, RRRCA, Sedona, (928) 204-1703
Tom Slaback, Sierra Club, Prescott, (928) 778-4233
Howard Shanker, Shanker Law Firm, PLC, Flagstaff
(928) 226-0560
Army
Corps Orders Sedona Developer to Cease "All Work"
Pending Resolution of
Clean Water Act Violations
Sedona, AZ-The U.S. Army Corps of Engineers has ordered
BySynergy, LLC, and its contractors to cease all work in the Section
404 jurisdictional areas on the Bella Terra project until they resolve
violations of Section 404 of the Clean Water Act. The Corps acted in
response to documents provided to them by the RRRCA and the Sierra
Club, including three authoritative reports that detail infractions of
the Clean Water Act and violations of jurisdictional waters of the
United States.
Attorney Howard Shanker of the Shanker Law Firm, representing the
Sierra Club and the Red Rock Rural Community Association (RRRCA),
documented Bella Terra's abuses and provided the reports to the Army
Corps in January 2007. The engineering, environmental, and geologic
reports detail infractions committed by the developer regarding flood
plains and disregard for jurisdictional waters that influence and are
influenced by Oak Creek. Subsequent to receiving the reports, the Corps
conducted an onsite investigation.
In a letter dated February 22, 2007, the Corps stated ".BySynergy was
found to be in violation of Section 404 of the Clean Water Act on
February 20, 2007 for discharging dredged and/or fill material into
unnamed washes on the property, at two discreet locations."
"The Corps' action is a step in the right direction," said Carole
Piszczek-Sheffield, vice chair of the Grand Canyon Chapter of the
Sierra Club. "This project is affecting both a vital riparian area and
the washes that drain into Oak Creek and the drinking water for many
area residents. The Red Rock Loop residents have been and will continue
to be vigilant in protecting the Oak Creek area."
The Sierra Club is America's oldest, largest and most influential
grassroots environmental organization. Inspired by nature, the Sierra
Club's 750,000 members, including more than 13,000 members in Arizona,
work together to protect our communities and the planet.
RRRCA is comprised of property owners and residents who live along
rural portions of Oak Creek just outside Sedona, AZ. RRRCA takes action
to protect the integrity of the riparian environment, wildlife habitat
and local aquifers.
The reports and the Army Corp letter can be found at www.shankerlaw.net
or www.RRRCA.org.