Lehigh Permanente Quarry - Controversy

Controversy

Under the terms of a 1985 reclamation plan, the quarry was not supposed to dump quarry waste materials more than 100 feet higher than the natural chapparal ridge known as Permanente Ridge. This waste material storage area, or WMSA, was piled on and above the Permanente Ridge and this brownish-gray scar is visible from much of the southern Bay Area - despite claims from the 2004 owner, Hanson Cement, that it was hydroseeded annually with native grass mix and that they planted 80% of the area in trees and shrubs, it remains (see photo inset) a barren zone, degrading the aesthetic value of the adjacent Rancho San Antonio Open Space Preserve. This barren ridge line, referred to by Lehigh Southwest as the West Materials Storage Area (WMSA) is visible to much of the Silicon Valley.

On December 19, 2011, the Sierra Club sued Lehigh Southwest Cement Company and Heidelberg Cement in federal court to stop its unpermitted discharges of selenium and other toxic water pollutants into Permanente Creek. The Sierra Club maintains that Lehigh has been polluting Permanente Creek in violation of the clean water act for years. Lehigh's own water quality analyses have demonstrated that quarry pit wastewater that Lehigh discharges into the creek has been 16 times higher than Clean Water Act stream standards. The pollution is especially harmful to aquatic life in downstream areas such as Rancho San Antonio County Park, where selenium concentrations are often more than five times more dangerous than state and federal standards allow.

On June 7, 2012, the County of Santa Clara Board of Supervisors approved amendments to the 1985 Permanente Quarry Reclamation Plan for Lehigh Southwest Cement Company, including approval of a new waste material storage area (EMSA) at the east end of the quarry. The newly approved Reclamation Plan has 89 conditions (significantly more than the 73 conditions in the 1985 Amendment), and calls for higher performance standards for re-vegetation of all disturbed areas, minimizing selenium runoff and an increased level of reporting and monitoring. The Board also ratified the Final Environmental Impact Report in accordance with the California Environmental Quality Act.

In December 2012 the Midpeninsula Regional Open Space District has filed a lawsuit against Santa Clara County, challenging the reclamation plan for Lehigh Southwest Cement's Permanente Quarry near Cupertino, saying its environmental impact report failed to analyze and mitigate the project's impacts on air quality, hazardous materials, recreation, groundwater and endangered species.

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