County of Santa Clara
County of Santa Clara
Department of Planning and Development

Permanente Quarry (Lehigh/Hanson)

Press Release

8/13/2019 - COUNTY BOOSTS OVERSIGHT CAPACTIY AT LEHIGH CEMENT PLANT AND QUARRY​

Informational E-mail Distribution List

If you would like to be added to the Interested Parties List for future Lehigh Quarry informational e-mails, please fill out the form below.

Overview

The Permanente Quarry (Lehigh) is a limestone and aggregate mining operation located in the unincorporated foothills of Santa Clara County, Cupertino. The Lehigh cement plant is an authorized use operating under Use Permit No. 173.023, issued May 8, 1939. The Lehigh-Permanente quarry is a “vested mine” operation, as determined by the Board of Supervisors on February 8, 2011. A “vested mine” is a mine that was established legally within the regulations in place at that time, and is allowed to continue until the use ceases. A Reclamation Plan, the document showing how the quarried lands will be restored, originally approved in 1984 and amended in 2012.​​​​

    Government Agencies and Other Contacts

    Lehigh Cement Plant and Permanente Quarry operate under several permits issued by the County, and other local, state and federal agencies. To obtain more information, report a concern, or if you have any questions, please contact the following:

    ​​

    A number of government agencies have regulatory oversight over Permanente Quarry and the Lehigh Cement plant.​​

     

    Lehigh Quarry Reclamation Plan and Proposed Permits and Projects

    Current Reclamation Plan Amendment

      2023 Reclamation Plan Amendment for Lehigh Quarry (PLN23-100)

      Lehigh Permanente has submitted a revised Reclamation Plan Amendment Application and has withdrawn the 2019 Reclamation Plan Amendment Application. Project Description information will be added shortly.

      Project Status:

      The Planning Division is currently reviewing the application for completeness. Once application has been deemed complete, preparation of the required CEQA shall commence.

      Project Materials:

      Incomplete Letter:

      Resubmittal Materials:

       

      2019 Reclamation Plan Amendment for Quarry Expansion (File PLN19-0106) - Withdrawn by Applicant

      Project Description:

      On May 22, 2019, Lehigh submitted an application to replace their 2012 Reclamation Plan. This proposed Reclamation Plan Amendment would complete replace the existing Reclamation Plan, and includes the following significant modifications:

      • Retain in place the overburden material currently stored in the West Materials Storage Area (“WMSA”) rather than use it to backfill the main quarry pit. Instead Lehigh proposed to backfill the pit with clean fill (approximately 20 million cubic yards) which will be trucked in from off-site. This would require approximately 600 new truck trips per day, five days a week for the next 30 year, depending on available supply.
      • Decrease the lower ridge crest along a portion of the North Quarry highwall by approximately 100 feet, necessitating modification of the 1972 Ridgeline Protection Easement held by the County.
      • Expand the reclamation plan area by 73.4 acres, increasing the total reclamation plan area from 1,238.6 acres to 1,312 acres. Additionally, the operator proposes to expand mining activities into a new 30-acre area, referred to as the “Rock Plant Reserve”.
      • Use an existing Pacific Gas & Electric, Co. utility access road, or establish a new haul road between Leigh and Stevens Creek Quarry (“Utility Haul Road”)*.
      • Reclaim an approximately 3,600-foot segment of the existing Plant Quarry Road and adjacent areas.
         

      *This aspect of the project was proposed under the separate Utility Road Reclamation Plan Amendment Application, File No. PLN19-0067, which has been withdrawn and incorporated into PLN19-0106.

      Project Status:

      Lehigh’s proposed Reclamation Plan Amendment (RPA) is currently undergoing environmental review through the preparation of an Environmental Impact Report (EIR). The County is currently in the process of finalizing the scope and bid for the EIR. Once the scope and bid have been finalized, the County will prepare and circulate a Notice of Preparation (NOP) and post the NOP to the project website. The County provides periodic updates to interested members of the community. If you are interested in receiving information from the County about this project, please consider signing up to be added to the Lehigh Interested parties list.

      Project Materials:

      2019 Reclamation Plan Amendment for Utility Road (Superseded/combined with PLN19-0106)
      2018 Minor Reclamation Plan Amendment for Haul Road - Superseded
      2013 Reclamation Plan Amendment - Withdrawn

      Because this application was withdrawn, no materials were submitted.

      2012 Reclamation Plan Amendment for Permanente Quarry
      2011 Reclamation Plan Amendment for Permanente Quarry (File No. 2250-13-66-10P/M1)
      2010 Reclamation Plan Amendment for Permanente Quarry - Superseded (File No. 2250-13-66-10P)

      Lehigh applied for an amendment to the 1985 Permanente Quarry Reclamation Plan.  

      2009 Reclamation Plan Amendment for Permanente Quarry - East Materials Storage Area (File No. 2250-13-66-09P)

      Lehigh (Hanson) applied for an amendment to the 1985 Permanente Quarry Reclamation Plan to include an approximately 89-acre area to be used for overburden storage identified as the East Materials Storage Area (EMSA).  This amendment proposes to place approximately 6.5 million tons (approximately 4.8 million cubic yards) of overburden fill over an approximately six-year period. 

      2007 Reclamation Plan Amendment for Permanente Quarry (File 2250-13-66-07P)

      The Permanente Quarry Comprehensive Reclamation Plan Amendment, submitted in 2007, has been superseded by a revised application submitted on May 28, 2010. This application can be viewed at the County Planning Office. 

      Other Projects and Permits

        2017 Permanente Creek Restoration Project (File PLN17-2250)

        Project Description:

        Lehigh submitted a Grading Approval application for the Permanente Creek Restoration Project (PCRP) on November 2, 2017. The PCRP would restore and modify specific segments of Permanente Creek located within and outside of the existing Reclamation Plan boundary for Lehigh Permanente Quarry. The proposed PCRP includes the following significant modifications:

        • Removal of non-native species, installation of native vegetation, and preservation of existing native vegetation;
        • Removal of concrete road segments, tractor tires, imported sediment, 260 linear feet of culverts in the channel widening area, 960 linear feet of culverts in the Rock Pile Area, and retired Rock Plant conveyor system;
        • Construction of floodplain bench areas with habitat elements and reduction of access road width;
        • Construction of new channel with floodplain bench areas;
        • Removal of overburden/fill, and a relic concrete structure;
        • Re-alignment of the centerline of Permanente Creek to the north, which will push the toe of the restored streambank approximately 25 feet northward, except near Pond 4A where it will move 16 feet northward.

        Project Status

        The Draft Supplemental EIR for the PCRP is available for public review and comment - a link to the DSEIR can be found below. The public comment period closes on Tuesday, May 2, 2023, so any comments on the DSEIR must be submitted on or before that date. Comments should be emailed to Robert Salisbury, Principal Planner at [email protected]. If you are interested in receiving information from the County about this project, please consider signing up to be added to the Lehigh Interested parties list.

        Project EIR

        Project Materials

        Lehigh Southwest Cement Plant
        Lehigh Southwest Cement Co. Process Water Treatment Plant
        Lehigh Quarry Reports and Other Documents
          Noise Reporting
          Annual Reports of Reclamation Plan Condition Compliance

          Annual Report #11 - 2023

          Annual Report #10 - 2022

          Annual Report #9 - 2021

          Annual Report #8 - 2020

          Annual Report #7 - 2019

          Annual ​Report #6

          Annual Repo​​rt #5

           

          Annual Report #4​

          Annual Repo​​rt #3

           

          Annual Repo​​rt #2

           

          Annual Repo​​rt #1

          • Planning Commission AR1 Staff Report – Summary of Annual report presented to November 21, 2013 Planning Commission
          • County Annual Report 1 -  Contains Background, overview of Reclamation Plan activities, and compliance overview, as well as all appendices.
          • Compliance Documentation – Provides a link to a website (an archive of what was hosted by PMC) containing all documentation concerning the Reclamation Plan condition compliance. (Does not currently with with Internet Explorer).
          Truck Traffic
          Stormwater Test Data
          Selenium Treatment Documents
          SMARA Inspections and Financial Assurance Cost Estimate Reports
          State Mining and Geology Board Reports
          Cement Plant Sound Compliance

          In December of 2015, Burns McDonnell conducted a Sound Compliance Study for the Permanente Cement Plant.

          Notices of Violation
          Lehigh Cement Plant

          The County of Santa Clara is seeking input from nearby residents about their direct experience with the Lehigh Cement Plant to respond to a referral from the County Board of Supervisors.  Specifically, the Board has tasked the Office of County Counsel, in conjunction with the County Planning and Development Department, to collect information from the public to determine whether there is evidence that operation of the Lehigh Cement Plant has created a public health or safety nuisance pursuant to County Zoning Ordinance § 5.20.210 (A)(2). 

          The County is therefore seeking any information from the public regarding any with the effects of the Lehigh Cement Plant, whether positive,  negative, or neutral.  A direct personal experience could include, for example, your personal experience of any impacts from the Lehigh Cement Plant to the environment at or near your address, including with respect to air quality, noise, water, traffic, health, or safety.

          If you have had experiences that you would like to share, please use the form below.

          Lehigh Cement Plant Comments

          Meetings and Outreach

          Upcoming Meetings

          Lehigh Community Meeting

          Lehigh 2023 Reclamation Plan Amendment Early Public Outreach Meetings

          Heidelberg Materials, the owner of Lehigh Permanente Quarry, is hosting two upcoming Early Public Outreach meetings to receive feedback from the public on their proposed Major Reclamation Plan Amendment, which they submitted in June of 2023.  The first meeting is scheduled for Thursday, June 20, 2024 at the Cupertino Community Hall at 10350 Torre Avenue, Cupertino from 6 – 8PM.  County staff will be attending this meeting to listen to input from the public, and answer any questions form the public about the review process.  Please be aware that County staff will not be able to provide any information about the proposed RPA itself, since it is still under review by the County and other agencies.

          The second outreach meeting is scheduled for Saturday, June 22, 2024 at the Quinlan Community Center at 10185 N. Stelling Road, Cupertino, from 10 AM to 12 PM.  County staff will not be present at this meeting. 

          Past Meetings

          Several meetings were held in regards to the Lehigh/Hanson Permanente Quarry. Below are the relevant documents to each meeting, as well as the meeting's transcript.

          Lehigh Community Meeting

          Santa Clara County Supervisor Joe Simitian is hosting a Public Information Meeting about Lehigh Southwest Cement  - Permanente Quarry on March 27, 2024 at 6:30 PM. The purpose of the meeting is to review and discuss the status of various local, state and federal agency oversight efforts and permits/other approvals necessary for cement plant and quarry operations. It will be held at the Cupertino Community Hall​.

          Santa Clara County Supervisor Joe Simitian hosted a Public Information Meeting about Lehigh Southwest Cement  - Permanente Quarry on February 13, 2020 at 7:00 PM. The purpose of the meeting was to review and discuss the status of various local, state and federal agency oversight efforts and permits/other approvals necessary for cement plant and quarry operations. It will be held at the Cupertino Community Hall​.

          Santa Clara County Supervisor Joe Simitian and the City of Cupertino conduct a public informational meeting to review and discuss the status of the various local, state and federal agency oversight and permits for the Lehigh Cement Plant and Quarry. Recorded March 2019 at the Cupertino Community Hall.

          Santa Clara County Supervisor Joe Simitian and the City of Cupertino conduct a public informational meeting to review and discuss the status of the various local, state and federal agency oversight and permits for the Lehigh Cement Plant and Quarry. Recorded February 15, 2018 at the Cupertino Community Hall.

          A Lehigh Public Regulatory Outreach Meeting sponsored by County Supervisor Joe Simitian was held on November 16, 2016, in the Cupertino Community Hall

          Below are questions and answers regarding Lehigh Quarry and Cement Plant collected from a Lehigh Public Regulatory Outreach Meeting sponsored by County Supervisor Joe Simitian on November 4, 2015, in the Cupertino Town Hall

          6/26/12 Appeals

           

          6/7/12

           

          5/31/12

           

          5/24/12

           

           ​​​​Board of Supervisor Meetings - Responses to Public Comments

           Board Meeting dates:

          Vested Rights

          The term “vested right” is a legal term that means someone has a lawful right to engage in a particular land use.

          Board of Supervisors' determination on Vested Rights.

           

          ​​​​​​Legal-Nonconforming Use Analysis

          Staff Re​p​ort

          for February 8, 2011 Board of Supervisors Hearing

          Exhibits to Staff​​ Report

          1. Permanente Quarry Legal-Nonconforming Use Analysis: 1/27/2011
          2. Jan. 26, 2011 memorandum from James Baker, County Geologist, to Jody Hall Esser, Director, Department of Planning and Development.  (Revised 1/26/2011)
          3. Jan. 26, 2011 memorandum from James Baker, County Geologist, to Jody Hall Esser, Director, Department of Planning and Development - w/ edits.
          4. Ord. No 120 (August 25, 1937)
          5. Use Permit No. 173.23 (March, 1939)
          6. Ord. No. 345 (Dec. 29, 1947)
          7. Ord. No. 733 (Sept. 14, 1953)
          8. Ord. No. 1200-dm (Mar. 14, 1955)
          9. Ord. No. NS-1200.21 (May 31, 1960)
          10. Ord. No. NS-1200.11 (April 20, 1959)
          11. “Consent, dedication and grant for Permanente Road” from Alice H. Swain et al to Santa Clara County (May 19, 1893), County Recorder, 170 O.R. 10
          12. Cal. State Mining Bureau, The Structural and Industrial Materials of California, Bulletin No. 38, p. 82 (Jan. 1906) (“1906 State Report”)
          13. Cal. State Mining Bureau, Report XVII of the State Mineralogist: Mining in California During 1920, p. 185 (Jan. 1921) (“1921 State Report”) (Ex. 11)
          14. Cal. Division of Mines, Chapter of Report XXVI of the State Mineralogist Covering Activities of the Division of Mines Including the Geologic Branch, Vol. 26, No. 1, p. 9 (Jan. 1930) (“1930 State Report”)
          15. C.F. Tolman, Report on Tonnage and Composition of Limestone Available in Proposed Quarries A and B, Permanente Corporation, and Superficial Residuary Clay on the Property of the Permanente Corporation, Santa Clara County, California, cover letter, p. 2 (Stanford University, June 18, 1939) (“1939 Tolman Report”)
          16. Cal. Dept. of Natural Resources, Division of Mines, California Journal of Mines and Geology, Vol. 43, No. 3, p. 313 (July 1947) (“1947 State Report”)
          17. Cal. Division of Mines, California Journal of Mines and Geology, Vol. 50, No. 2, p. 365 (April 1954) (“1954 State Report”)
          18. The Permanente News, Vol. 2, No. 8, p. 5 (Aug. 1943)
          19. Book 942 O.R. 290, County of Santa Clara official records
          20. Book 1029 O.R. 408, Book 1041 O.R. 43, County of Santa Clara official records [Initial transfer of 50 acres from Permanente Corp. to Todd Cal. Shipbuilding Corp.]
          21. Book 1080 O.R. 45, Book 1094 O.R. 138, County of Santa Clara official records [1942 Transfers of additional property from Permanente Corp. to Permanente Metals Corp.]
          22. Book 1076, Page 407 of County of Santa Clara official records [1942 acquisition of land by Permanente Metals Corp. from Roman Catholic Archbishop]
          23. Book 6, Page 36 of County of Santa Clara official records [1944 Kaiser Record of Survey]
          24. Kaiser Industries Corporation, The Kaiser Story, p. 39 (1968)
          25. Aug. 17, 1965 Board of Supervisors meeting minutes (Book 41, pp. 429-430)
          26. Sept. 20, 1965 Board of Supervisors meeting minutes (Book 41, p. 567)
          27. Feb. 18, 1971 Letter from Richard Forster to Supervisor Victor Calvo
          28. Oct. 10, 1966 Letter from W.E. Ousterman, Kaiser Cement & Gypsum Corp. General Production Manager, to William Siegel, County Counsel
          29. March 24, 1967 Letter from W.E. Ousterman, Kaiser Cement & Gypsum Corp. General Production Manager, to William Siegel, County Counsel
          30. Feb. 18, 1971 Letter from William C. Reynolds to Supervisor Victor Calvo
          31. Feb. 22, 1971 Memorandum from John S. Haas, County Zoning Administrator, to Supervisor Victor Calvo
          32. April 12, 1971 Letter from William Siegel, County Counsel, to Supervisor Victor Calvo
          33. May 9, 1972 Notes of William Siegel, County Counsel, from Board of Supervisors meeting
          34. May 12, 1972 Memo from Donald M. Rains, Clerk of the Board, to County Counsel, containing transcript of May 10, 1972 Board Meeting
          35. Portion of May 17, 1972 newspaper article re Kaiser Permanente Quarry
          36. June 3, 1980 Letter from Thomas P. O’Donnell, Kaiser attorney, to Selby Brown, County Counsel
          37. June 5, 1980 memo from Bob Menifee, Dep. County Counsel, to Bob Sturdivant, County Planning
          38. March 27, 1984 Letter from Ransom Bratton, Associate Planner, to Norm Gilbertson, Kaiser Cement Plant Manager
          39. March 1, 1985 Environmental Assessment, File No. 2250-13-66-84P
          40. March 7, 1985 Staff Report to Planning Commission, File No. 2250-13-66-84P
          41. Feb. 2, 1988 Letter from F.A. Nelson, Kaiser Cement Corp. Vice President and General Manager, to Lucas Stamos, County Planning Dept.
          42. March 1, 1988 Letter from F.A. Nelson to Lucas Stamos
          43. March 29, 1988 Letter from Lucas Stamos to F.A. Nelson
          44. July 25, 1991 Letter from Thomas P. O’Donnell, Kaiser attorney, to Luke Stamos
          45. September 15, 21, 1935 Board of Supervisors minutes
          46. Map showing ownership as of 1937
          47. Map showing all Permanente acquisitions over time (incl. Metals Corp.)
          48. Certificate of Merger, Doc. Nos. 19490603, 19490604, County of Santa Clara official records
          49. Map showing Permanente transfers to Todd Cal. Shipbuilding/Permanente Metals Corp. plus other acquisitions by Metals Corp.
          50. Metals facility site plan from County Assessor
          51. Map showing all of dedicated Permanente Road, 1000’ buffer
          52. Map showing all of dedicated Permanente Road, 1000’ buffer, and boundaries of proposed reclamation plan amendments
          53. Map showing County Geologist’s analysis of 1939 aerial photo with all of dedicated Permanente Road and 1000’ buffer
          54. Map showing portion of Permanente Road up to bridge and 1000’ buffer
          55. Map showing County Geologist analysis of 1939 and 1948 disturbance with line surrounding disturbed areas
          56. Map showing County Geologist analysis of 1939 and 1948 disturbance, line surrounding disturbed areas, and proposed reclamation plan boundaries (EMSA and Comprehensive)
          57. Exhibit 54 plus reclamation plan boundaries
          58. Map showing County Geologist analysis of 1939, 1948 and 1955 disturbance, with line encompassing disturbed areas
          59. Exhibit 56 plus reclamation plan boundaries
          60. Map showing County Geologist analysis of 1939, 1948, 1955 and 1960 disturbance, with line encompassing disturbed areas
          61. Exhibit 58 plus reclamation plan boundaries
          62. Map showing portion of Quarry property rezoned in 1955
          63. Map showing County Geologist analysis of 1939 disturbance with line encompassing disturbed areas, the 1985 Reclamation Plan boundaries, and the proposed Reclamation Plan Boundaries (EMSA and Comprehensive)
          64. Map showing County Geologist analysis of 1939 and 1948 disturbance with line encompassing disturbed areas, the 1985 Reclamation Plan boundaries, and the proposed Reclamation Plan Boundaries (EMSA and Comprehensive)
          65. Map showing County Geologist analysis of 1939, 1948 and 1960 disturbance with line encompassing disturbed areas, the 1985 Reclamation Plan boundaries, and the proposed Reclamation Plan Boundaries (EMSA and Comprehensive)
             

          Additional Vested Rights Research

          FAQ
            Cement Plant and Quarry - What land use approvals do they have?


            The Lehigh Cement Plant operation is an authorized use operating under a Use Permit, County File No. 173.023, originally issued on May 8, 1939. The use permit was modified in June 1950 and May 1955 to add rotary kilns to the operations. The County approved a use permit modification associated with modernization of the cement plant on December 5, 1977.

            The Permanente Quarry is a limestone and aggregate mining operation in the Santa Clara County western foothills, located along a sinuous, roughly east-west trending ridge within the Santa Cruz Mountains, west of the City of Cupertino’s jurisdictional limits. The mine has a single, very large pit where limestone and aggregate are quarried. West of the mine pit is an overburden stockpile area known as the West Materials Storage Area, and the area to the east where overburden is currently being placed is identified as the East Materials Storage Area.

            In 1975 the State of California adopted the Surface Mine and Reclamation Act, which mandates that all active surface mines have reclamation plans approved by the local agency. The County of Santa Clara approved the existing reclamation plan for the Permanente Quarry on March 7, 1985.​​

            What is Legal Non-Conforming Use or Vested Rights?


            The County must ensure that the quarrying operations on the unincorporated lands (where the County has jurisdiction to issue land use approvals) comply with the County’s zoning regulations. In accordance with the zoning regulations, quarrying generally requires a Use Permit; however, no Use Permit is required if quarrying is a legal nonconforming use (sometimes referred to as a “vested right”) on the property.

            The term “vested right” is a legal term that means someone has a lawful right to engage in a particular land use. To have a vested right in a land use, the use must have been commenced in compliance with all legal requirements at the time the use was begun (which may have meant no legal requirements at all, depending upon when the use was begun), and not subsequently abandoned. A vested land use may become a “legal nonconforming use” if the regulatory landscape has changed and the land use would either not be allowed in that particular location today, or could only be undertaken after obtaining certain permits or other regulatory approvals. Today, the County regulations require a Use Permit before quarrying may take place.​​

            Does the Quarry Have Vested Rights?


            The County Board of Supervisors made a determination, following a public hearing on February 8, 2011, that the quarry was a vested right on several of the Quarry owned parcels. The “vested” parcels include the parcels containing the Pit, the West Materials Storage Area (WMSA), the East Materials Storage Area (EMSA), and the access roads within the mine operation. This determination is the subject of a pending lawsuit. It is important to note and understand that this determination did not constitute a land use authorization. Even where a mine is vested for local zoning purposes it must have an approved Reclamation Plan pursuant to state and County regulations.​​

            What are the violations issued by the County Dept. of Planning & Development to Lehigh?

            A list of Notices of Violation related to Lehigh Quarry

             

            2006 Notice of Violation

            In October 2006, the County of Santa Clara issued the Notice of Violation and Order to Comply (NOV/OTC) to the mine operator of Permanente Quarry for mining activities located outside the boundary of the Permanente Quarry Reclamation Plan, which the County approved in 1985. In January 2007, the mine operator submitted an application to amend the 1985 Reclamation Plan in accordance with the NOV/OTC. The County deemed the application complete, and it was determined that extensive geological analysis was necessary to adequately address slope stability issues in the existing pit. In December 2007 the mine operator requested, and was given, 24 months to complete the geological analysis. The analysis was completed and the analysis determined that major modifications to the application were required due to geological issues. Lehigh, current mine operator, submitted a revised application on May 28, 2010 and the application was deemed complete on September 24, 2010. This project is subject to the California Environmental Quality Act (CEQA). A Draft Environmental Impact Report was released for public review and comment on December 23, 2011.

             

            2008 Notice of Violation

            The County of Santa Clara issued a second Notice of Violation (NOV) in June 2008 to the mine operator of Permanente Quarry for stockpiling overburden material in the area commonly referred to as the East Materials Storage Area (EMSA) because it is not within the boundary of the 1985 Permanente Quarry Reclamation Plan. The original complaint made to the County was that petroleum coke was being stored in this location. Following a field inspection the County determined that the material that was suspected to be petroleum coke was actually overburden excavated from the mine pit. The NOV provided the operator with two options for addressing the violation: (1) remove the material, or (2) apply for and obtain an amendment to the existing approved reclamation plan for Permanente Quarry. An approved amended reclamation plan would authorize retaining the material in the EMSA and provide for reclamation consistent with state and County mine reclamation standards. The mine operator chose to apply for the reclamation plan amendment and this application is under review.

            The NOV also required that the mine operator cease use of the EMSA. The operator approached the County and explained that immediate use of the EMSA was necessary for operational reasons, because the approved location to permanently store the overburden (the WMSA) is running out of room. Without using the EMSA the operator would be forced to leave the material in the pit, which would prevent the operator from excavating some of the remaining mineral reserves. Following consultation with the state Office of Mining and Reclamation, the County signed an agreement with Lehigh stipulating a rigorous schedule to complete the work necessary to submit a reclamation plan amendment application to address the NOV and all other information required to complete the associated environmental review. The agreement also stipulates that the County retains its authority to impose fines against the operator, if necessary.​

            Why is there no fine or penalty imposed by the County for the Notices of Violation?


            The County is the lead agency responsible for implementing the Surface Mining and Reclamation Act (SMARA) within unincorporated Santa Clara County. The state regulations under the SMARA provide the County authority to require a violation be “cured” or abated by filing for and obtaining a reclamation plan amendment. SMARA establishes certain procedural requirements that a lead agency must follow when taking enforcement action against a mine operator. These requirements include notice, a public hearing, and issuance of an order specifying what the operator must do to bring the mining operation into compliance, and a schedule for doing so. The County may not impose a fine unless the mine operator fails to comply with the terms of the order to comply. An operator may also appeal any fine to the State Mining and Geology Board.

            Because the County issued an NOV and entered into an agreement with the mine operator providing that, as long as the mine operator timely filed and obtained an amendment to the Reclamation Plan, which would “cure” the violation, the mine operator could continue to use the EMSA. Fines may still be imposed by the County if for some reason, the mine operator fails to comply with the County’s order. Thus far, the mine operator has taken actions to correct the 2006 and 2008 Notices of Violations. These actions originally included filing for two separate Reclamation Plan Amendment proposals, one for each of the NOVs; however, these two proposals were consolidated into one proposal intended to address both NOVs. For this reason, it would not be appropriate to impose fines at this time.

            Why is Lehigh allowed to use the East Materials Storage Area if it has not been approved for Reclamation yet?


            The East Materials Storage Area is needed for mine operations, and without the ability to use the EMSA the operator could not properly harvest minerals from the mine pit. Therefore, the County agreed to allow the mine operator to use the EMSA subject to compliance with very strict conditions. The County and Lehigh signed an agreement on April 14, 2009, that required the operator submit an application for an amendment to the reclamation plan addressing the EMSA by April 20, 2009. Lehigh submitted the application by the required deadline and has met all subsequent deadlines established by the agreement. For this reason, no fines have been assessed to date. Any non-compliance with the conditions of the agreement would trigger the process for the County to impose fines or take other enforcement action against the mine operator.​ ​

            What is the Comprehensive Reclamation Plan Amendment and status?


            Lehigh Hanson submitted an application for a reclamation plan amendment and a use permit on May 28, 2010. Staff refers to this proposal as the “Comprehensive Reclamation Plan Amendment.” This proposal was intended to provide for reclamation of all the areas of disturbance at the existing Permanente Quarry. It also proposed an expansion affecting approximately 251 acres with a second pit mine.

            In June 2011 Lehigh Hanson informed the County that it would no longer pursue a second pit mine and subsequently submitted a modified Reclamation Plan Amendment application on July 29, 2011. The application encompasses all existing areas of disturbance where mining operations have taken and/or continue to take place, including the East Materials Storage Area. The County is now processing one Reclamation Plan Amendment proposal, rather than two.

            A revised scheduled was prepared for completion of the review of this Modified RPA. The first milestone was publishing the Draft Environmental Impact Report (DEIR), prepared as required by the California Environmental Quality Act (CEQA), in December 2011. The County will hold an informational public workshop on the DEIR on January 26, 2012 at 7:00 p.m. in the Quinlan Community Center, 10185 N. Stelling Road, Cupertino, CA 95014. A public meeting to receive comments on the adequacy of the DEIR will be held on February 2, 2012 at 1:30 p.m. in the County Government Center, Board of Supervisors Chambers, 70 West Hedding Street, San Jose, CA 95110 before the County Planning Commission.​​

            Does Lehigh Have a Valid Title V Permit for air emissions from the cement plan?


            Lehigh Southwest Cement Company operates under a valid Title V Permit issued by the Bay Area Air Quality Management District (BAAQMD) on November 5, 2003. The Title V Permit is a compilation of all existing applicable local, state, and federal air quality requirements, including emissions limits and standards, monitoring, record-keeping, and reporting requirements. Title V permits are renewed on a 5-year cycle. When an application for renewal is submitted by the operator the existing permit remains in effect until permit renewal is completed by BAAQMD.

            Lehigh Southwest Cement Company submitted an application for renewal of its Title V Permit on April 28, 2008. On January 5, 2010, the BAAQMD withdrew the proposed Title V permit renewal for the Lehigh facility because the Federal EPA was expected to adopt significantly more stringent standards for mercury and other air contaminants from cement plants. The new standards were announced on August 9, 2010, and enacted by the U.S. EPA on September 9, 2010.

            BAAQMD posted a proposed Title V Permit that incorporates the new rules on its web site, and issued a notice informing the public. The public review and comment period of the revised Title V permit renew commenced on January 21, 2011, and closed on March 25, 2011. According to BAAQMD staff have since been reviewing and considering comments received. BAAQMD will then submit the proposed permit to the U.S. Environmental Protection Agency for its mandated 45-day review. Questions regarding the revised proposed permit renewal should be directed to Ms. Thu Bui of BAAQMD by writing to her at 939 Ellis Street, San Francisco, CA 94109, or via email at [email protected].

            Information may also be obtained from the internet at this link: http://www.baaqmd.gov/Divisions/Engineering/Public-Notices-on-Permits/2011/012111-17947/Lehigh-Southwest-Cement-Company.aspx.​

            What is the EPA Violation?


            The U.S. Environmental Protection Agency (EPA) issued a Notice of Violation and Finding of Violation (NOV/FOV) to Lehigh on March 10, 2010. The NOV/FOV concerns a series of physical modifications made to the Facility from 1996 through 1999, that caused an increase in production of cement and an increase in emissions of air pollutants. As a result, the NOV/FOV also states that Lehigh violated the Title V Operating Permit program, because it failed to identify Prevention of Significant Deterioration (PSD) requirements in its application submitted to the BAAQMD after installing the modifications. The NOV/FOV states that Lehigh violated Title V requirements. It describes enforcement that may be taken by the EPA, including the assessment of penalties, but it does not invalidate the Title V Permit that Lehigh currently holds. The NOV/FOV remains an active investigation and the EPA has released no further details at this time.

            What is the Notice of Violation from the Regional Water Quality Control Board?


            The Regional Water Quality Control Board (RWQCB) conducted a storm water inspection of the Lehigh Southwest Cement Plant on February 10, 2010, and issued an inspection report. The RWQCB issued a Notice of Violation based on this report on March 26, 2010. The inspection report lists eleven violations that require abatement. Ten of these violations were to have corrective actions completed by April 15, 2010; one violation was to have corrective action completed by May 15, 2010.

            In June 2011, the RWQCB issued a Water Code section 13267 Order to Lehigh that requires a comprehensive plan to address discharges from the Permanente facility to ensure compliance with the Porter-Cologne Water Quality Control Act, the Federal Clean Water Act, and applicable water quality standards. The deadlines in the June 2011 Order were slightly amended in July 2011. In accordance with this plan, process-related discharges from the Permanente facility were authorized in October and November 2011 by the RWQCB pursuant to the General NPDES Permit for Aggregate Mining, Sand Washing, and Sand Offloading operations, Order No. R2-2008-0011 ("Sand & Gravel Permit"). Lehigh submitted a Report of Waste Discharge to the Regional Water Board on November 30, 2011, for purposes of obtaining an individual NPDES Permit for the facility that will specifically regulate pollutants of concern, including selenium. The RWQCB is in the process of preparing and issuing that NPDES permit, and Lehigh submitted a comprehensive monitoring plan to the RWQCB on October 20, 2011 to support its issuance.​​​

            How Do I Get On The Mailing List for Public Hearing Announcements by Santa Clara County for the Permanente Quarry Reclamation Plan Amendment and Environmental Impact Report?


            Please send your contact information and any questions to the attention of: Robert Salisbury, Senior Planner, County of Santa Clara, Planning Office.

            Email: [email protected]
            Phone: (408) 299-5785

            Mail: County of Santa Clara Planning Office
            Attn: Robert Salisbury
            70 West Hedding Street, East Wing, 7th Floor
            San Jose, CA 95110​

            Can quarry blasting cause earthquakes?


            Dr. Parrish, State Geologist states, “quarry blasting cannot cause an “earthquake.” Although the ground might “shake” or rumble as a nearby result of a blast, this is not a damaging tectonic earthquake, and these blasts do not contain enough energy to trigger a pre-existing fault to slip and generate an earthquake. Tectonic earthquakes in California generally occur at depths between five and eleven miles below the land surface – significantly deeper than a quarry blast at perhaps several hundred feet below the land surface. The energy released by a quarry blast is several million times less than that required to nucleate a fault to move and produce an earthquake. Earthquakes can be caused by human activity, and are labeled “induced” seismicity or “triggered” earthquakes. However, there has not been a recorded case of a quarry blast inducing or triggering an earthquake.” - John G. Parrish, Ph. D., PG, State Geologist, California Geological Survey​

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