Fourth Annual Report on Quarry Reclamation

On June 26, 2012, the Santa Clara County Board of Supervisors approved the 2012 Reclamation Plan Amendment (referred to as RPA) for the Quarry. RPA Condition of Approval #8 requires that the County prepare an Annual Report summarizing compliance with the RPA and the associated conditions of approval.
This is the fourth Lehigh Permanente Quarry RPA Annual Report (AR4) and provides public documentation of Quarry compliance for the monitoring period 2015-2016. Section 1 provides an introduction and overview of the content of AR4. A description of current operations at the Quarry is provided in Section 2. Section 3 provides a summary of compliance with the conditions of approval, with additional information regarding compliance (aerials, maps, site inspection information, and technical reports) provided in Appendices A through E. Lehigh is currently in compliance with the 2012 Reclamation Plan Conditions of Approval and Mitigation Monitoring and Reporting Program. Documentation of condition of approval compliance, as well as the previous annual reports, can be found on the County’s website at http://www.sccgov.org.

Lehigh Public Informational Meeting Video from November 16, 2016

Lehigh Public Information Meeting, November 16, 2016

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Vested Rights Decision

Dear Clean Environment Supporters,

On Thursday, July 28 BACE (Bay Area for Clean Environment) suffered a legal setback when a state appeals court upheld an earlier decision ruling that vested rights to conduct surface mining operations existed on much of Lehigh’s roughly 3,500 acre quarry in the hills west of Cupertino and Los Altos.

BACE filed a lawsuit on behalf of Santa Clara County residents following a February 8, 2011 decision by the County Board of Supervisors declaring that mining operations on 13 of 19 parcels of land qualified as legal nonconforming use. This meant that Lehigh could expand its operations into those parcels without public review and consideration of public health and welfare that a use permit and mining permit would require. (16 page court decision)

Obviously it is a disappointing ruling, but BACE remains committed to protecting citizens health,  quality of life, and our local environment. The legal challenge that you all supported delayed any expansion at the quarry for more than five years and, more importantly, united neighboring cities in supporting our efforts for the first time. The Town of Los Altos Hills, City of Los Altos, Town of Portola Valley, and the City of Sunnyvale, joined the Midpeninsula Regional Open Space District, Committee for Green Foothills, and Breathe California in an amicus brief supporting BACE’s appeal. Local communities and their elected officials are aware as never before of the presence and impact of this major industrial facility in our midst. But we have much more to do.

Our Work Continues.

Legal: BACE has a second lawsuit that will be heard by an appeals court next month. This case focuses on what BACE considers serious deficiencies in Lehigh’s current reclamation plan. (read our complaint)

Noise: BACE will be creating a petition on Change.org to support the City of Cupertino’s efforts to reduce the noise levels from Lehigh. If you hear a persistent humming, especially in the evening and at night please click here and sign our petition. You do not need to be a Cupertino resident to sign the petition. We need to send a clear message to Santa Clara County that regulates and enforces the noise ordinances.

Expansion: Finally, we need to prepare to fight any mining expansion by Lehigh. If you are deeply concerned about any expansion of surface mining in our local foothills please contact BACE. Write us a brief message about your concerns and how you might be willing to help with this particular issue. We will respond to every message.

Thank you for your continuing support.   

— The BACE  Team

www.BayAreaCleanEnvironment.org

Please forward this email to your friends, family, and neighbors.

Lehigh Cement Regulatory Update Meeting

Santa Clara County Supervisor Joe Simitian conducted a public informational meeting at the Cupertino Community Center to discuss the status of the various agency oversight the Lehigh Cement Plant and Quarry owned by HeidelbergCement.

An article from the Los Altos Town Crier summarized the questions and answers from this meeting.

Read more