The Cupertino Courier
News
State geology board queries quarries on laws' compliance
By HUGH BIGGAR
A state review found two Cupertino quarries to be among nine Santa Clara County quarries out of compliance with California's surface mining laws.
The review, conducted by the state Mining and Geology Board, sharply criticized the county's oversight of the nine quarries, saying there is "little evidence in the administrative record demonstrating that the county has the understanding or will to enforce state regulations."
The state initiated the audit after receiving complaints from neighbors of the Lexington Quarry in Los Gatos. The neighbors had concerns about environmental threats from Lexington's surface mining. The state's geology board conducted a review of the county's quarries and also found problems at the Stevens Creek and Hanson Permanente quarries in Cupertino.
At Hanson Permanente in the hills overlooking Cupertino, the state found the quarry did not set aside enough money to pay for cleanup, ignored stability issues along the rim of a 1,000-foot mine pit that could lead to landslides and encroached on adjacent property.
Nelson Ferreira, plant manager for Hanson Permanente, said these issues are still being assessed. "Our position is these are possible minor violations, and we are going to submit a request for a new reclamation plan in the next six months," Ferrira said, while adding the current plan dates from 1985 and is set to expire in 2010. "After submitting the new plan we can address these possible violations," he said.
At Stevens Creek on Stevens Canyon Road, the state also found possible compliance problems including land encroachment beyond the reclamation area and inadequate replanting of mined slopes.
"At both Cupertino sites there were disturbances in areas outside of the areas of where they were allowed to operate," said Mark Oldfield, a spokesman with the state's department of conservation.
The county, though, said this is not yet certain.
"Some of this is in dispute," said Val Alexeeff, director of planning and development for Santa Clara County. "For instance, Hanson Permanente has had a cement plant permitted since 1939 and now they are saying it exceeds reclamation\ boundaries."
Even so, Alexeeff says the county could have done better in overseeing the quarries.
"We weren't as strict as we needed to be, and the state has become stricter and wants compliance," he said.
The state's report put it more harshly, saying, "There was an unwillingness to issue notices of violation [and] orders to comply ... for any of the sites."
As a result, the state's geology board could take over quarry oversight from the county unless it makes changes. A hearing has been set for Sept. 14 to assess progress.
"It's my priority for the next month," Alexeeff said.
