EXCITING NEWS!!
Santa Clara County Moves to Buy Lehigh Cement Plant Site
By San Jose Inside/ February 16, 2022
The Santa Clara County Board of Supervisors Tuesday voted unanimously to consider options for the acquisition of the Lehigh Cement Plant and Quarry property in unincorporated Cupertino.
The acquisition of the property, either from a willing seller or by use of eminent domain, would accelerate the closure and restoration of the property, and allow for a more community-focused consideration of how the land should be used in the future, according to a statement from Supervisor Joe Simitian, who sponsored the action.
The cement plant and quarry are part of the Lehigh property, which encompasses 3,510 acres, 2,656 of which are in unincorporated Santa Clara County. The remaining land is within the cities of Cupertino and Palo Alto.
The county has land-use oversight over the quarry where activities take place pursuant to a reclamation plan approved by the Board of Supervisors in 2012, and by a vested rights decision made by the board in 2011.
At Simitian’s behest, the board directed the county to report within 90 days on the options for the acquisition and financing of the Lehigh property, along with a discussion of advantages or disadvantages associated with the various financing options.
“We have an opportunity to sit down at the table and say let’s chart a future that ultimately on some kind of a timeline involves the cessation of operations there and public acquisition,” said Simitian, who represents Los Altos, Los Altos Hills, Cupertino, and other cities near the site.
Although the hills outside the City of Cupertino have been mined for limestone since the early 1900s, and the Lehigh cement plant has been operational since 1939, this heavy industry is now located adjacent to residential neighborhoods, creating ongoing environmental, health, and safety challenges.
Now is the time to envision and consider other possibilities that are both in the interest of the public and fair to the property owner, said Simitian. He cited these reasons:
Numerous complaints and violations have been reported at the site, suggesting incompatibility of uses;
There is also a likelihood that Lehigh will submit a new or revised application for continued and expanded activity at the site;
The recent restoration of the former Dumbarton Quarry in the East Bay into a park and camping facility demonstrates that reclamation and conversion of such a site can be accomplished.
“We know this is doable,” said Simitian in a statement. “Just within the last year or so, we’ve seen the Dumbarton Quarry transform in a way that’s extraordinary. It, too, was once a great, big hole in the ground. And today, it is providing affordable recreation for working- and middle-class folks. There’s a future here we can and should chart for the Lehigh site.”
There have been repeated calls for closure over the years, but such proposals faced resistance from Lehigh’s owners, who have a financial interest in maintaining operations at the site.
Los Altos Mayor Supports Acquisition Of Lehigh Plant
The plant, in unincorporated Santa Clara County, has been used for large-scale mining and manufacturing since 1939.
Eric He, Patch Staff
Posted Thu, Feb 10, 2022 at 11:43 am PT
A referral from Supervisor Joe Simitian is expected to come before the Board of Supervisors on Feb. 15 that would direct staff to explore options to purchase and close the 3,510-acre plant. (Google Maps)
LOS ALTOS, CA — Cupertino Mayor Anita Enander expressed support for Santa Clara County to acquire and close the Lehigh Cement Plant and Quarry.
A referral from Supervisor Joe Simitian is expected to come before the Board of Supervisors on Feb. 15 that would direct staff to explore options to purchase and close the 3,510-acre plant located primarily in unincorporated Santa Clara County but extends into portions of Palo Alto and Cupertino.
The plant has been used for large-scale mining and manufacturing since 1939, and Simitian is looking into reevaluating operations and new land uses that would benefit surrounding communities.
Enander joined with mayors of Cupertino, Palo Alto, Los Altos Hills and Sunnyvale to support Simitian's proposal.
"This is about much more than the potential cessation of commercial activity on the site," Enander said. "It is about identifying possible uses that would be beneficial to our communities far into the future."
UPDATE
LOS ALTOS CITY COUNCIL WILL DIRECT ENVIRONMENTAL COMMISSION TO TAKE ACTION REGARDING LEHIGH QUARRY PLANS
BY RHODA FRY
See Nextdoor posting at link below - Comments posted by Rhoda Fry provide a great deal more background information about LeHigh Quarry https://nextdoor.com/p/-gSrCX8JBScn?view=detail
Los Altos City Council asks for direction about Quarry Expansion Plans on June 8.
At the Los Altos City Council June 8 meeting agenda 11, the Council will be providing direction to the Environmental Commission and staff regarding expansion proposals of Stevens Creek and Lehigh Quarries. You can find the agenda here: https://los-altos.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=395 If you are concerned about the future of our community, please speak at the meeting or write your City Council members. The Open Space District has written a couple of good letters regarding impacts of the Lehigh Expansion Proposals. I've uploaded them here: https://www.dropbox.com/sh/rc5nnmvmle3rky2/AABgOQl_QyUUdFM0eqZ241yNa?dl=0 The City of Cupertino has written many letters that you can find under City documents here: https://www.cupertino.org/our-city/city-news/2018-2020-issues-between-lehigh-quarry-stevens-creek-quarry-county-city You can find Lehigh's thousands of pages of application here: https://www.sccgov.org/sites/dpd/Programs/SMARA/PermanenteQuarry/Pages/PermanenteRPA.aspx In the past, Lehigh has stated its importance to the Bay Area economy, but its cement kiln (that is fueled with pet coke) has been down for well over a year, proving that the Bay Area economy does not need Lehigh. In fact, the Company CEO said that mothballing it improved the bottom line. Read more about it here in the Los Altos Town Crier: https://www.losaltosonline.com/news/questions-arise-on-status-of-idle-cement-plant-and-quarry/article_48797bf0-ea9f-5627-b044-694021b5244c.html Keep in mind that in 2020, demand for cement increased and employment at California's other 7 cement plants remained robust. So it is hard to understand that the local shutdown would be related to COVID. If the County allows Lehigh to implement its proposal: 1. Air pollution from the cement plant will continue. Lehigh is in the top 10 polluters in California for Sulfur, Hydrochloric Acid, PM, Nitrogen, VOCs, Chromium 6, and Mercury. Lehigh also creates haze, which impacts visibility as far as Yosemite. 2. Views - over a half-mile of the ridgeline between Rancho and the Quarry will be mined and its height will be reduced by 100 feet. There would be dust at Rancho and our views would change forever. The ridgeline is protected by a 1972 Deed, but Lehigh expects the Board of Supervisors to overturn it. The second image attached shows the elevations in 1972, the current crumbling elevations, and its proposed elevations. Lehigh's existing 2012 approved plan stabilizes the ridgeline. Although Lehigh has promised to re-vegetate its quarry, past efforts have left a moon scape. 3. More Views - from many parts of the valley floor, a brown scar is visible near the ridgeline. That is the third attachment. That is a ~218-acre mining-waste site that Lehigh intends to grow in height. It is shown as the pale yellow area on the first attachment. The 2012 approved plan moves the waste into the quarry pit to protect water quality and serve as a foundation for protecting the ridgeline. 4. Traffic - BAAQMD currently allows Lehigh 70,000 trucks per year for the cement plant. There does not appear to be a limit placed on trucks for aggregate sales, most of which terminated in 2011. The County allows Stevens Creek Quarry (at the end of Foothill Expressway across from the reservoir) 1300 trucks per day. Lehigh's proposal would add "666" truck trips per day for 30 years by importing fill to fill the quarry. Additionally, it would export aggregate (various sizes of rocks) for an unknown amount of traffic. 5. More traffic - the Los Altos Town Crier article mentions importing cement instead of manufacturing it locally. That would mean more truck/rail traffic. It is also possible that Lehigh would consider manufacturing slag cement, an industry that jobs-hungry Vallejo fought for 7 years due to pollution and traffic concerns. 6. And there's more - water quality, a landslide threatening Permanente Creek, an additional quarry at the 3500-acre site . . . What keeps me up at night? I don't think that the County has required Lehigh to set aside enough money to "reclaim" the land as required by law to convert it to a secondary beneficial use. They've posted about $60M in bonds. We the tax payers could be left with the rest of the cleanup cost. Consider that the Permanente flood project cost $84M. And I wonder whether our investment there is at risk as there is a man-made landslide above Permanente Creek that is a documented threat to homes and structures downstream. In 1983, another man-made calamity at the quarry caused quite a bit of damage as water and sediment flowed 4 miles downstream. Among other damages, 540 children at Blach school were evacuated as it had 1/2 foot of flooding. It is good to know that the City of Los Altos is expressing interest. I hope that you'll learn about what the quarries have in mind for us and speak out as the expansion proposals affect our entire State.
End of Article
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For more information about LeHigh Quarry, see these two recent Los Altos Town Crier Online Articles:
Questions arise on status of idle cement plant and quarry
· Apr 14, 2021 Updated May 27, 2021
In addition to Lehigh’s recently filed lawsuit against the Santa Clara County Planning Department over processing its controversial reclamation plan amendment, local leaders and residents have raised questions about current operations, plans and litigation surrounding the 3,510-acre site.
At the April 6 county Board of Supervisors meeting, District 5 Supervisor Joe Simitian, who represents Los Altos, Los Altos Hills, Cupertino and other cities near the site, asked county staff about current operations at the cement plant and quarry, and at what point their nonoperation could trigger “abandonment” of the cement plant’s use permit, in place since 1939.
According to deputy county counsel Elizabeth Pianca, stoppage of operations over a 12-month period “could create an abandonment of the use permit” under county code. She also indicated that Lehigh’s reclamation plan, governed by state law, could be suspended after an extended period of nonoperation, but could not offer a specific timeline.
Along with the county Planning Department, numerous regional, state and federal agencies oversee and regulate Lehigh operations. Jacqueline Onciano, director of county planning and development, said her department did not know to what extent Lehigh has been idle, and vowed to report back with an answer.
Also addressed was the condition of Lehigh facilities. Three of the plant’s 80-year-old silos were repaired last year, and Simitian asked about permits. Onciano said the department’s initial finding was that permits were not needed for the repairs, but she would confirm within the week.
The plant’s cement kiln overheated in 2019 and sustained damage due to improper installation of refractory bricks. It is currently not being used.
Potential sale?
Adding intrigue to Lehigh’s status are rumors of a potential sale of the huge property and a curious comment last month from Dominik von Achten, CEO of Lehigh’s parent company, HeidelbergCement of Germany, about “mothballing” the cement plant.
“You know that we have switched our strategy already in parts of the U.S. and notably up on the West Coast with the current mothballing of the Permanente plant, where we switched imports,” he said in a March 18 call with financial investors. “If I look at our results, that has not hurt the results. It has rather improved quite significantly.”
Lehigh’s environmental director Erika Guerra relayed the company’s position on its local operations and clarified the “mothballing” comment.
“Due to the business interruption of the global pandemic, the cement kiln has not been operating,” Guerra said in a statement. “However, we have continued to sell material to the market through a mix of reserves and imports. How and when we will continue operations has not yet been determined.”
Guerra said there are no current plans to sell the property.
“We understand that there are market rumors circulating regarding a potential sale,” she noted. “It is our long-standing practice not to comment on market rumors, which by their nature are speculative and uncertain. We are not planning any changes that will affect the ownership or operation of the Permanente site.”
As for von Achten’s comment, Guerra offered: “During the pandemic, the mix of imports and local supply has allowed us to serve the local markets and maintain our bottom line. This was not a forward-looking statement about how we may do so in the future, but instead a comment on how we have managed during the pandemic period.”
Vested rights
For decades, Lehigh has harvested limestone and aggregate, providing for as much as 50% of the Bay Area’s cement needs. As a plant surrounded closely by residential development, its operations have been especially scrutinized.
With mining in the area dating back to the early 20th century and the cement plant’s opening (as Kaiser Permanente) in 1939, Lehigh has vested mining rights that preclude use permits other than the one issued with the initial cement plant’s opening. However, it’s subjected to reclamation plans that dictate how the company will reclaim impacted land.
At the same time, such plans offer an opportunity for expansion, as is the case with the latest general plan amendment proposed in 2019. Plans include importing fill from outside the quarry, resulting in more than 600 truck trips a day; digging a second pit in a 30-acre area; decreasing a ridge crest by 100 feet, violating a 1972 ridgeline protection agreement; and increasing the reclamation plan area by 73.4 acres. As county planners worked to determine whether Lehigh’s vested rights applied to its new proposals, the company sued the department in February claiming the county was unduly delaying the application process. The company and county are working to resolve issues over scope for work and payment for an environmental impact report.
In the meantime, fines continue to accumulate for Lehigh, most recently a $60,000 penalty levied by the San Francisco Bay Regional Water Quality Control Board for discharging 5.25 million gallons of chlorinated water into Permanente Creek. The fines stem from discharging events in March 2020 and last January. Along with the fines, the company must complete a selenium fish tissue monitoring study.
Note: The article has been updated to correct an error in the former name of the cement plant.
Local cement plant, quarry retained amid sale of West Coast facilities
· Town Crier Staff Report
· May 26, 2021 Updated May 27, 2021
Germany-based HeidelbergCement, which oversees Lehigh Hanson cement plant operations around the world, announced Monday (May 24) the $2.3 billion sale of its U.S. western facilities – while retaining its controversial Lehigh Southwest Cement Co. in the foothills south of Los Altos.
A HeidelbergCement press release made no mention of why the company opted to keep the Cupertino-area plant. But the announcement confirms speculation among industry insiders that the cement giant was preparing to offload its West Coast facilities.
In the “portfolio optimization” move, Heidelberg sold its assets – two cement production plants with related distribution terminals, 17 active aggregates sites and several downstream operations – to U.S.-based Martin Marietta Materials Inc., according to the release. Closing of the transaction is expected in the second half of 2021 pending regulatory approvals.
The retention of the local Lehigh plant and quarry comes despite reports of significant equipment and facility breakdowns, a major pulling back of employees and activity at the site over the past year and a Lehigh executive’s recent reference to “mothballing” the site.
Lehigh is suing Santa Clara County over a proposed reclamation plan amendment that could further impact the 3,500-acre site. The increased environmental impacts under the quarry’s proposed plan include well over 600 truck trips a day, importing aggregate to fill its nearly 1,000-foot-deep pit; disturbing a “viewshed” that was considered off-limits per a 1972 agreement; and the digging of a second pit.
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Lehigh Quarry Expansion Plan Threatens Views, Adds Traffic, and impacts Air/Water Quality
by Rhoda Fry
Los Altos and Los Altos Hills are in the epicenter of a plan to mine the protected ridgeline that separates Rancho San Antonio from the LeHigh quarry. This mining area, within a mile of Los Altos Hills residents and about 2.5 miles from the track at Foothill College, would remove approximately 100 feet from the ridge for over a half-mile (3000 ft) along with its vegetation (for up to 2 years).
3 Cities and Open Space District
Oppose Lehigh Expansion
Cupertino, Los Altos, Los Altos Hills, and the Open Space District sent Santa Clara County letters opposing Lehigh’s expansion. Lehigh’s brazen proposal to mine the scenic ridge between the quarry and Rancho San Antonio, which has been protected by a deed since 1972, could happen with three County Supervisor votes. Cupertino City Manager Feng wrote, “Lehigh's Application also includes a worrying proposal to alter the 1972 Ridgeline Easement ... to significantly change the Permanente Ridge. Though Lehigh attempts to mask its proposal as necessary to prevent natural erosion of the ridgeline, this proposal appears designed to increase production ... Lehigh reveals its intent to further develop this area when it notes that analysis conducted in 2018 ‘has revealed options for extending North Quarry production,’ and that the 1972 Easement inhibits” production. The Open Space District supports the existing 2012 Reclamation Plan to stabilize the ridgeline rather than to mine it for profit.
Proposal Adds 666 Trucks Daily
Lehigh hopes to create a new business that accepts construction-site waste to fill the empty main quarry instead of using mining waste available onsite. The County estimates that this venture would add 666 trucks per day for 30 years. Lehigh would sell its usable mining waste to Stevens Creek Quarry for processing, extending its operation indefinitely. Remaining waste would be dumped at the massive 218-acre West Materials Storage Area. Lehigh also wants to excavate a new 30- to 60 acre mine. Neighbors were surprised by the quarry expansion proposal because they had expected the quarry to follow its 1992 plan to close by 2012 and build a housing development
EPA and Lehigh
For years, Lehigh Cupertino has been out of compliance with the Clean Air Act with high priority violations and the Clean Water Act with significant noncompliance violations. The EPA’s Enforcement and Compliance History Online (ECHO) tool lists 15 EPA enforcement actions in the past five years. In 2013, Water Board Assistant Executive Officer Dyan Whyte said, “The Lehigh site has been a priority to us for years, but compliance with water pollution standards has been elusive.” The EPA has studied the site many times as a Superfund site, not only for its industrial legacy as a quarry and cement plant, but also for manufacturing aluminum, phosphate fertilizer, and incendiary bombs for WWII.
Air, Water & Land Toxic Discharges
In 2015, the EPA settled with Lehigh for failing to report toxic chemical releases. Lehigh paid a fine, added infrastructure and bought hazmat equipment. EPA Region 9 Administrator Jared Blumenfeld said, "It is critical for Lehigh to comply with federal laws that ensure the safety of neighboring communities and protect the local environment." Also in 2015, the EPA, U.S. Department of Justice and State of California fined Lehigh $2.55M over toxic discharges to Permanente Creek and required the installation of a $5M water-treatment plant. Exceedances of water-quality standards persist. In October 2019, the Water Board reported “selenium concentrations in the water column periodically exceed standards.” Meanwhile, Lehigh’s commitment to restore the creek remains on hold.
A paper from the National Institutes of Health, Assessment of influential range and characteristics of fugitive dust in limestone extraction processes by CT Chang, claims that fugitive dust from limestone mining can travel up to 4.3 miles. The effects of fugitive dust are particularly worrisome because the Midpeninsula Regional Open Space District has previously detected exceedances in Particulate Matter and Chromium at Rancho San Antonio, likely due to mining. Consequently, visitors to Rancho San Antonio are already experiencing a diminution of recreational values at Rancho San Antonio and Lehigh's plan would make it worse.
BAAQMD Should
Install on-the-fence air-monitoring (fugitive emissions are not measured now, only stack emissions)
Install video-monitoring
Publish emissions data timely (only 2016 TAC data available)
Model emissions for different fuels
Do mass balance pollution study
Lehigh is Santa Clara County’s top GHG polluter and emits at least 17 Toxic Air Contaminants (TAC) above Chronic Trigger Levels
Did You Know?
Lehigh’s proposal anticipates 1101 tons of explosives per year to be needed for blasting at the mine
Lehigh burns pet coke as fuel for its cement kiln instead of cleaner fuels
Only 2 refineries pay more than Lehigh Cupertino in nonattainment pollution fees to the State (CARB)
BAAQMD currently allows Lehigh 70,000 trucks per year
Lehigh plans to import up to 2.45Mgallons of ammonia per year
Taxes fund 46% of the cement industry through government projects
EPA Slow to Enforce
The U.S. Environmental Protection Agency (EPA) and the Bay Area Air Quality Management District (BAAQMD) have allowed Lehigh 25 years of excess pollution, impacting public health, the economy, and global warming. In 2010, the EPA alleged that Lehigh’s predecessor had made unpermitted changes to the cement plant between 1996 and 1999 that increased Sulfur Dioxide (SO2) and Nitrogen Oxides (NOX) pollution. Consequently, the cement plant has been operating without a valid Title V Air Permit since 2010. The EPA was up to 15 years late in filing a Notice of Violation / Finding of Violation and is now 10 years late in seeking a remedy for Santa Clara County citizens who have suffered from excess pollution.
SO2 and NOX create acid rain and fine particulate matter, which causes cardiovascular and respiratory diseases. Particulate matter is a contributing factor to asthma, which affects 257,000 people in the County. Reducing particulate matter to background levels could save the County nearly $3 billion in lifetime costs.
Inadequate Penalty and Relief
The December 2019 proposed settlement fines the Cupertino cement plant only $120K. Worse, BAAQMD’s proposed limits do little to reduce Lehigh’s ranking as a California mega polluter. As of 2017, Lehigh is nearly tied for first place as California’s top sulfur polluter, accounting for 12.7% of the State’s industrial sulfur pollution. Only six operations emit more nitrogen oxides than Lehigh.
Lehigh Cupertino Labor Trouble, Top Management Fired
The Chairman of Lehigh’s parent company, Bernd Scheifele, complained during a 2017 conference call with financial analysts, “We had always problems to run the plant.” His solution? “We fired the plant manager, the production manager and the maintenance repair manager.” The result? From 2017 to 2019, proposed labor-safety fines ballooned by nearly ten-fold to $1.43M, accounting for 69% of all fines levied on California’s eight cement plants by the U.S. Department of Labor Mining Safety and Health
Administration (MSHA). Incidents at the plant include serious worker injuries, several suspicious fires that destroyed buildings and heavy equipment, a 2017 fatal accident, and the 2011 massacre, when a disgruntled employee killed four people and injured seven others, including a woman unaffiliated with Lehigh.
Land-Use Violations
In 2018, Lehigh built an illegal 40-foot wide road, some of it in Cupertino’s jurisdiction, stunning City officials. In 2019, both Santa Clara County and the San Francisco Bay Regional Water Quality Control Board cited Lehigh for an unstable mountain of mining waste that threatens Permanente Creek, which leads to the San Francisco Bay.
Attached – letters from other Cities and Open Space District
[1]https://www.sccgov.org/sites/dpd/Programs/SMARA/PermanenteQuarry/Pages/PermanenteMain.aspx
[2]http://www.southbayquarrylibrary.org/Catalog/Kaiser%20Cement%20&%20Gypsum%20Corp%201972%2008%2018%20Ridgeline%20Protection%20Easement%20Deed.pdf
[3] https://ww3.arb.ca.gov/ei/nscpac_fees/nscpac_fees.htm
[4] Click here to get the letters, deed, these violations, and letters about these violations
CALL TO ACTION
Write the County Board of Supervisors. Email the Board of Supervisors, Supervisor Joe Simitian’s aide Kristina Loquist, and cc City Council
boardoperations@cob.sccgov.org; Kristina.Loquist@bos.sccgov.org
==> Tell them lack of regulation at these quarries impacts air quality, water quality, and viewsheds.
==> Ask them to
o Implement the approved 2012 Reclamation Plan,
o Retain our deeded ridgeline easement, and
o Exercise appropriate oversight of land-use at the Lehigh Hanson Permanente Quarry and Stevens Creek Quarry.
Attend Lehigh/Permanente Quarry Public Information Meeting
Thursday, February 13, 2020 - 7:00pm, Cupertino Community Hall10350 Torre Avenue Cupertino, CA 95014
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. Agency staff will be available to provide information in response to frequently asked questions and questions from the public. To learn more about the Lehigh/Permanente Quarry facilities and review public documents, visit the County Planning Department Website: www.sccplanning.org
Come back here and watch for other LAR communications on breaking news.