City of Cupertino, CA
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Lehigh & Stevens Creek Quarries
In the Summer of 2018, Lehigh began an effort to widen an existing fire access road between their quarry and the Stevens Creek Quarry. In August 2018, the Santa Clara County Planning Department issued a Notice of Violation to Lehigh and directed Lehigh to stop widening efforts and prohibited Lehigh from using the access road for the transportation of materials. With this access road no longer available, Lehigh and Stevens Creek Quarry began transporting the materials over City streets. This has caused increased truck traffic on Stevens Creek and Foothill Boulevards.
A neighborhood meeting regarding this issues was held on December 19, 2018. The City, in coordination with Lehigh Quarry, Stevens Creek Quarry and County, is exploring options to minimize traffic impacts in the area. This page has been created to provide regular updates to the residents regarding on-going coordination efforts.
We encourage interested parties to subscribe to the “NOTIFY ME” service located on the right of this page in order to be notified immediately each time this page is updated.
Any questions regarding these updates or to contact the City with questions and/or concerns can be directed to Chad Mosley (408) 777-7604 or chadm@cupertino.org.
A list of Frequently Asked Questions regarding this project can be found at the right of this page.
June 7, 2022 - The Santa Clara County Board of Supervisors will receive a report prepared by County staff that outlines the 10-year history of recorded violations at Lehigh. Information on how to watch and/or participate in the meeting can be found here: http://sccgov.iqm2.com/citizens/default.aspx. The meeting begins at 9:30 AM. Please see meeting agenda for additional details.
UPDATE 8/17/2021
County of Santa Clara Board of Supervisors Approve Memorandum of Agreement with Midpeninsula Regional Open Space District relating to the inspection and enforcement of the Ridgeline Protection Easement Deed, dated August 18, 1972. Please refer to County agenda item here.
UPDATE 1/21/2021
The City Council held a study session regarding Lehigh and Stevens Creek Quarries on 1/19/21. Please refer to power point presentation and meeting video.
UPDATE 10/21/2020
The office of County Supervisor Joe Simitian has issued a press release titled Simitian Presses Planning Department for "More Rigorous" Oversight on Stevens Creek Quarry.
UPDATE 10/6/2020
The Santa Clara County Department of Planning and Development (County) is planning a virtual meeting to discuss the Stevens Creek Quarry Use Permit and Reclamation Plan Amendment (RPA) application with agencies for comment. This meeting is currently scheduled for Thursday October 8th at a meeting time TBD. The City of Cupertino will be attending this meeting and will have comments on Stevens Creek Quarry (RPA) dated September 2020.
The first step for the County after receipt of the RPA is to determine if it is complete. If the RPA is found complete, the County will then issue a Notice of Preparation that begins the environmental review and public input process. The City will share information as it becomes available. To be on the County email notification, please go here.
UPDATE 8/1/2019
On July 31, 2019, the City of Cupertino held a Community meeting regarding Lehigh Hanson & Stevens Creek Quarry Reclamation Plan Amendments submitted to the County of Santa Clara. A copy of the power point presentation can be viewed here. Several questions and comments were received. The City is gathering information and will post responses shortly. You may also view literature distributed by members of the public.
UPDATE 3/12/19
On February 28th, 2019, the County of Santa Clara held a public information meeting regarding Lehigh. The meeting video can be viewed here.
UPDATE 2/21/19
At the February 21st Housing, Land Use, Environment, and Transportation Committee (HLUET) meeting of the County, Jacqueline R. Onciano, Director, Dept. of Planning and Development presented a staff report to the committee. The staff report included information that Stevens Creek Quarry was issued a Notice of Violation dated February 15th. The Notice of Violation states among many other requirements that Stevens Creek Quarry is to cease all trucking of materials from Lehigh. Director Onciano also stated that Lehigh had submitted a February 20th request to rescind their reclamation plan amendment dated November 9, 2018 relative to the construction of new haul road. In doing so, Lehigh is indicating that they do not wish to build the alternate haul road. Director Onciano additionally stated that the County is currently waiting for Lehigh to resubmit a new/revised reclamation plan amendment for the existing road that was graded w/o permits last summer. Once received, the County will process the application to determine its completeness. The County staff report for the February 21st HLUET meeting is in the “County of Santa Clara Department of Planning and Development Documents” below along with the County Notice of Violation” to Stevens Creek Quarry. The email from Lehigh to the County asking for the recension of the reclamation plan is included under “Lehigh Hanson Documents” below.
UPDATE 1/14/19
City had phone conversation with Supervisor Joseph Simitian on 1/16/19 regarding ongoing issues. Supervisor Simitian heard the City’s concerns and expressed confidence regarding County staffs’ ability to navigate the complexities of the minor reclamation plan amendment made by Lehigh. Supervisor Simitian did commit to responding to the letter sent to his attention December 10, 2018 from the City Manager of Cupertino. City asked that upcoming County meetings regarding any Lehigh issue be forwarded to City and that meetings be clearly posted on the County’s website so that residents may attend.
UPDATE 1/7/19
City staff met with Lehigh (Erika Guerra) and Stevens Creek Quarry (Jason Voss) on 1/7/19 as a follow up to the December 19, 2018 community meeting. City told that the number of trucks running had decreased from 40 to 27. City received letter of proposed voluntary measures from Lehigh on January 9th (this document is posted below under Lehigh Hanson Documents). City told that trucks that are equipped with automatic tarp covers will begin covering their loads. City has not received an update as to how many trucks have this tarp equipment.
June 10, 2022: Staff Memorandum providing update on Lehigh and Stevens Creek Quarry activities.
February 18, 2022: Letter from City Manager to Santa Clara County Board expressing support for the Board's effort to explore the acquisition Lehigh Hanson Quarry and Cement Plant.
December 30, 2020: Letter to County regarding Stevens Creek Quarry's revised application for a use permit and major reclamation plan amendment.
October 8, 2020: Letter to County regarding Stevens Creek Quarry Use Permit Reclamation Plan Application
May 15, 2020: Letter to County regarding Lehigh vested rights.
December 16, 2019: Letter to County regarding status of Lehigh Major RPA (File No, PLN19-0106 and Utility Rd RPA (File No. PLN19-0067).
October 24, 2019: Letter to County regarding status of Lehigh Cement Company's Major Reclamation Plan Amendment, File No. PLN19-0106.
August 30, 2019: Letter to Lehigh granting extension to application deadline
July 3, 2019: Letter to County Regarding Lehigh Cement
July 2, 2019: Letter to County Regarding Stevens Creek Quarry
May 28, 2019: Administrative Citation and Notice of Violation to Lehigh
January 31, 2019: Letter to County Planning
December 19, 2018: Neighborhood Meeting Agenda
December 10, 2018: Letter to Supervisor Joseph Simitian
November 19, 2018: General Notice Posted on City Webpage
November 14, 2022 - County Supervisor Joe Simitian issues statement regarding Lehigh Southwest's decision not to restart cement production at its Permanente Plant.
June 7, 2022 - The Santa Clara County Board of Supervisors will receive a report prepared by County staff that outlines the 10-year history of recorded violations at Lehigh. Please see meeting agenda for additional details.
November 2021 - POSTPONED - County of Santa Clara Board of Supervisor meeting to consider vested rights determination has been requested by Lehigh to be on "hold". A new date for consideration of this item has not been determined. More details to follow as they are available.
September 23, 2021 Cancelled - The County of Santa Clara Planning Commission will be considering an appeal of the July 9, 2021 incompleteness determination by the Department of Planning and Development relating to a concurrent land use application, consisting of a Use Permit, Architecture and Site Approval, and Reclamation Plan Amendment, for an existing surface mine at Stevens Creek Quarry.
Meeting time is 1:30-5pm. Details on how to attend the meeting can be found on the attached notice; project related documents can be found here, partway down the page. The County staff report for this item will be posted here approximately 7 days prior to the meeting
Stevens Creek Quarry Inc. (SCQ) has withdrawn their appeal of the County’s July 9, 2021 determination that SCQ’s Use Permit w/ASA and Reclamation Plan Amendment application is incomplete. As a result, the appeal hearing scheduled for September 23, 2021 before the Planning Commission will not occur, and SCQ’s application remains incomplete.
August 26, 2021 - Staff Report to Planning Commission Regarding Stevens Creek Quarry Zoning Interpretation Applicaiton.
August 11, 2021 - Letter to Stevens Creek Quarry regarding Notice of Violation
6/15/2021 - SCC Court Filing - Memorandum of Points and Authorities in Support of Defendants' Demurrer to the First Amended Verified Petition for Writ of Mandate and Complaint for Declaratory Relief.
June 24, 2021 - The County of Santa Clara Planning Commission will be considering a Zoning Interpretation if importation and processing of unprocessed material is an allowed use at the Stevens Creek Quarry on June 24, 2021. Meeting time is 1:30-5pm. Details on how to attend the meeting can be found on the attached notice; project related documents can be found here, partway down the page. The County staff report for this item will be posted here approximately 7 days prior to the meeting
October 20, 2020: Notice of Preparation of a Supplemental Environmental Impact Report for the Permanente Creek Restoration Project.
October 20, 2020: County of Santa Clara Staff Report regarding Stevens Creek Quarry Oversight
September 2020: First Amendment to Compliance Agreement and Stipulated Order to Comply
February 13, 2019: Request to consolidate Leigh's Major Reclamation Plan Amendment applications
August 29, 2019: Notice of Complete letter
City Comment: Lehigh submitted two major reclamation plan amendments to the County. This notice of complete letter is for proposed changes to utility roads. The application for proposed changes to add an additional quarry pit, import of fill and ridge line modifications remains outstanding and incomplete. The County finding of completeness does NOT mean this application is approved. It means that County has received the needed information to review the application and that opportunities for public input will follow.
October 23, 2019: Letter to Stevens Creek Quarry regarding the Use Permit and Reclamation Plan Amendment Pre-Application submitted May 31, 2019
August 29, 2019: Notice of Complete Letter
July 22, 2019: Notice of Incomplete Letter dated July 22, 2019 to Lehigh's Major Reclamation Plan Application dated May 22, 2019
June 13, 2019: Notice of Violation and Public Nuisance issued to Lehigh Southwest Cement Company
April 29, 2019: County letter in response to Lehigh Reclamation Plan Amendment dated March 25, 2019
February 21, 2019: Video of Santa Clara County Housing, Land Use, Environment, and Transportation
February 25, 2019: Notice of Violation and Public Nuisance
February 21, 2019: County of Santa Clara HLUET Meeting Agenda
August 17, 2018: Notice of Violation
February 8, 2011: Lehigh Vested Rights Map
November 14, 2022: Lehigh Southwest Cement Announces Decision Not to Restart Cement Production at its Permanente Plant.
December 18, 2019: Letter from Harrison Temblador Hunderford & Johnson to SCC Housing, Land Use and Transportation Committee
December 18, 2019: Letter from Lehigh Hanson to SCC Planning Commission
November 22, 2019: Intent to Appeal to California State Mining and Geology Board
August 23, 2019: Follow up letter to City
May 31, 2019: Response to May 28, 2019 Administrative Citation and Notice of Violation
May 28, 2019: 2019 Major Reclamation Plan Amendment for Quarry Expansion
- Application Form
- Submittal Letter
- Quarry Expansion Project Description & Environmental Information Form
- Reclamation Plan Amendment
March 25, 2019: Revised Utility Road Reclamation Plan Amendment
February 20, 2019: Email to County from Lehigh Rescinding the RPA
February 5, 2019: Letter to County in response to City letter dated January 31, 2019
January 9, 2019: Proposed voluntary measures in response to the December 19, 2018 Meeting
(Note that the City is currently evaluating this letter.)
November 2018: Minor Reclamation Plan Amendment & Application Forms
October 31 2018: Follow Up to the August 17, 2018 Notice of Violation
June 22, 2021: Stevens Creek Quarry Zoning Interpretation Request
June 11, 2021: Stevens Creek Quarry - Response to the City of Cupertino's Zoning Interpretation Comments
September 2020: Reclamation Plan Amendment
May 2019: Use Permit and Reclamation Plan Amendment Pre-Application
March 7, 2019: Response to Notice of Violation
February 5, 2019: Letter to County in response to City letter dated January 31, 2019
No documents received as of January 10, 2019.
September 1, 2021 - Order to Stevens Creek Quarry regarding Requirements to Submit Technical Reports for Discharge of Waste to Waters of the State.
October 11, 2019 - Notice of Stormwater Violations - Stevens Creek Quarry
October 2, 2019: Letter to Santa Clara County providing comments on the Lehigh's Application for Reclamation Plan Amendment.
October 1, 2019: Letter to Lehigh providing recognition of completion of 2019 Preliminary Closure Plans for the Permanente Quarry.
July 9, 2019: Notice of Violation for Discharge of Wasterock issued to Lehigh
April 3, 2019 - RWQCB Tentative Order to consider the re-issuance of Lehigh Southwest Company's NPDES permit.
March 15, 2019: Report of December 7, 2018, Inspection and Notice of Violation
November 8, 2018: Water Board letter to Stevens Creek Quarry
(Note that the City had added highlights for emphasis. These highlights were not included in the original document.
December 8, 2021 - The Midpeninsula Regional Open Space District iheld a public meeting Wednesday December 8, at 7 PM to update the Midpen Board and the public on items of mutual interest related to Lehigh Hanson Heidelberg Cement and Midpeninsula Regional Open Space District (Midpen) (R-21-162). Lehigh Hanson staff will make a presentation. Midpen manages the beautiful Rancho San Antonio Open Space Preserve and County Park which are immediate neighbors to the Lehigh Hanson Quarry and Cement Plant. Recently Midpen entered into an agreement with Santa Clara County to help preserve the Ridgeline Easement that protects the preserve, county park and surrounding communities from impacts from the quarry. Please click the following link for more information on the Board meeting. More information on the Ridgeline Easement and a sign up for notification of all projects affecting Rancho San Antonio Open Space Preserve can be found here.
March 23, 2021 - Letter to Lehigh regarding their proposed reclamation plan amendment application.
July 12, 2019 - Letter to Santa Clara County Planning Department regarding Lehigh's proposed reclamation plan amendment.
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How is final EIR scope determined for Lehigh?
The initial scope was prepared by the consultant hired to write the EIR. The EIR scope specifies the environmental impact areas that will need significant analysis (e.g. traffic, air quality, water quality, etc.), the sub-consultants needed for this analysis, and the cost and schedule for preparation of the EIR. Once accepted by the County, this scope and invoice for funding is then sent to the applicant (Lehigh). If the applicant (Lehigh) has questions on the EIR scope, the County would evaluate if any changes are needed, still ensuring the environmental analysis will meet CEQA requirements. Once the funding is received a contract is executed with the consultant to start work, and Notice of Preparation is circulated and an EIR scoping meeting is scheduled and held (this has not yet happened for either Lehigh or SCQ). Based on public comments received scoping meeting and in response to the Notice of Preparation, the EIR scope is adjusted as needed. For the Lehigh RPA EIR specifically, we have a draft scope and bid from the EIR consultant, that is currently being revised. Once these revisions are complete, we will send the revised scope and bid to Lehigh and ask them to review it and provide the funds. How is final EIR scope determined for Lehigh?
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If Lehigh is currently limited to 1300 truck trips per day now, how many could they be allowed after the RPA?
This 1,300 truck trip per day limit is a condition of approval of Stevens Creek Quarry’s (SCQ) Use Permit. Because Lehigh is a vested quarry and does not have or need a Use Permit for their current operation, there is no specified truck limit for Lehigh.
For SCQ, because we do not yet have a complete Use Permit application, there is no way to know what the future truck limit might be. Whatever limit is placed on truck traffic will be based on the impact analysis within the project EIR and determined by the Planning Commission during their consideration of the project, assuming SCQ’s proposed Use Permit is approved.
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What is the WMSA used for?
The West Materials Storage Area (WMSA) is an area of Lehigh’s property were they store overburden and waste rock.
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Can the materials stored in the WMSA go into the main quarry pit with a liner?
Unknown. The current RPA (approved in 2012) proposes to use WMSA material without a liner, and the EIR prepared to analyze the 2012 RPA concluded that this could be done safely to allow the reclamation to meet water quality standards. The EIR for the proposed RPA will include a No Import of Fill project as an alternative, and could consider if a liner is needed in order to protect water quality.
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Can county allow use of the unpermitted internal haul road while new road is being constructed
The County indicated at the December 19, 2019 Neighborhood Meeting that they would not consider this use on a temporary basis.
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Can the City prohibit trucks from turning right from EB Stevens Creek to SB Foothill? Can right turns be restricted during certain hours?
The City cannot by ordinance or otherwise prohibit and/or restrict by time this turning movement. The City has had the Sheriff monitor the intersection to insure that this turning movement is safe. This monitoring will continue until the intersection is either reconfigured or until the increased truck traffic ends.
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The City is not able to prohibit the trucks and upon follow up with the quarries after the December 19, 2019 Neighborhood Meeting, the quarries are not willing to accommodate this request.
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At the Neighborhood Meeting date of December 19, 2018, approximately 40 trucks were running. The quarries are reporting that currently 27 trucks are running.
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The City has had the Sheriff increase monitoring and enforcement action