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Home My WebLink AboutCC 01-19-2021 Study Session Item No. 1 Applications of Lehigh & Stevens Creek Quarry to Expand Operations and Amend Reclamation Plans _Staff PresentationStudy Session January 19, 2021 Applications of Lehigh & Stevens Creek Quarry to Expand Operations and Amend Reclamation Plans 1 CC 1-19-2021 Study Session Item No. 1 Presentation Outline •Status of applications to County submitted by both quarries •Lehigh has submitted a Reclamation Plan Amendment (RPA) •Stevens Creek Quarry (SCQ) has applied for a Use Permit and RPA •Overview of each application and associated approvals 2 Presentation Outline -continued •Vested rights evaluation for Lehigh •Overview of CEQA process •Opportunities, timelines for public input •Other compliance concerns •Summary of City’s comments and concerns about each application 3 Intro to Reclamation Plans •Surface Mining and Reclamation Act (SMARA) requires restoration after extraction concludes. •Reclamation plan identifies area to be reclaimed, methods, and end land uses •SMARA also requires financial assurances to ensure reclamation Department of Planning and Development 4 Department of Planning and Development 5 Lehigh Quarry •Limestone and aggregate quarry since 1939 •24001 Stevens Creek Boulevard, Cupertino •West of City of Cupertino Department of Planning and Development 6 Department of Planning and Development Stevens Creek Quarry Video 24 Background •In 2011, Board of Supervisors (BOS) determined Lehigh has vested rights to mine on certain parcels •2012 RPA specifies how the quarry shall be reclaimed •Revegetation of the site •Backfill the main pit using onsite material Department of Planning and Development 8 Background (con’t) •Lehigh also operates a cement plant under separate Use Permit •The cement plant is not a component of the 2012 RPA Department of Planning and Development 9 Lehigh Applications •County is Processing •Permanente Creek Restoration Project – Grading Approval •Mining Expansion RPA Department of Planning and Development 10 Permanente Creek Restoration Project •Creek restoration identified in 2012 RPA •Grading Approval application submitted in 2017 •Scope and bid for Supplemental Environmental Impact Report (EIR) preparation •Department is waiting for funds from Lehigh for EIR Department of Planning and Development 11 2019 Mining Expansion RPA •Replacement of the 2012 RPA •Import of fill to reclaim main pit •Modify the 1972 Ridgeline Easement Department of Planning and Development 12 2019 Mining Expansion RPA (con’t) •20 million cubic yards of clean fill for reclamation •Up to 600 truck trips per day, 5 days per week •1 million CY per year Department of Planning and Development 13 2019 Mining Expansion RPA (con’t) •Modification of 1972 Ridgeline Protection Easement •Lowers ridge approximately 100 feet to allow mining and stabilization •New quarry area •Export unprocessed greenstone to SCQ Department of Planning and Development 14 Vested Rights Consistency Evaluation •2011 BOS Vested Rights Determination – Geographic Area •BOS will consider consistency of the proposed RPA with Vested Rights Determination Department of Planning and Development 15 Project Schedule •Consultants retained for environment review •Currently negotiating scope with Lehigh Department of Planning and Development 16 Project Schedule (con’t) •Next Steps •Finalize EIR scope •Publication of Notice of Preparation •Public Scoping Meeting •Preparation of Draft EIR •Vested Rights consistency hearing •EIR public comment period •Planning Commission comment meeting Department of Planning and Development 17 Project Schedule (con’t) •Final EIR •BOS consideration hearing •EIR certification •Reclamation Plan Amendment •Ridgeline Protection Easement Department of Planning and Development 18 Opportunities for Public Input •EIR Scoping Meeting •Notice of Preparation •Vested Rights Hearing •EIR Comment Period •Planning Commission (PC) / BOS Hearing Department of Planning and Development 19 Compliance Issues •County Notice of Violation (NOV) for sediment discharge into Permanente Creek (abated) •Regional Water Quality Control Board (RWQCB) NOV for sediment discharge into Permanente Creek (abated) •SF Bay Regional Water Quality Control Board violation for selenium exceedances Department of Planning and Development 20 City Compliance Issues •City of Cupertino NOV for Haul Road •City NOV in May 2019 for grading, tree removal. •Tree planting, restoration complete. •Regrading anticipated Summer 2021 21 City Comments •January 2019—export of aggregate, truck traffic •July, October, December 2019—RPAs •May 2020—vested rights determination 22 Stevens Creek Quarry •Active aggregate quarry since 1950 •12100 Stevens Canyon Rd, Cupertino Department of Planning and Development 23 Department of Planning and Development Lehigh Video 7 Status of SCQ Applications for Use Permit and RPA •1996 Use Permit (expired in 2015) •2002 Mediated Agreement, and current Reclamation Plan •2018 Compliance Agreement •Pre-application for Use Permit and RPA submitted in May 2019 Department of Planning and Development 25 Status of SCQ Applications for Use Permit and RPA (con’t) •Use Permit and RPA submitted in September 2020; deemed incomplete •Use Permit and RPA resubmitted in December 2020; deemed incomplete Department of Planning and Development 26 Overview of SCQ Use Permit and RPA •Expansion of mining operations •Relocation of settling basin Department of Planning and Development 27 Overview of SCQ Use Permit and RPA (con’t) •Update Reclamation Plan boundary •Correct slope instability issues •Import fill for reclamation Department of Planning and Development 28 Overview of SCQ Use Permit and RPA (con’t) •Up to 1 million tons annually from Lehigh •Up to 400 truck trips per day •Process 2 million tons aggregate per year •Import 3.7-12.5 million cubic yards of fill for reclamation for 30 years Department of Planning and Development 29 Overview of SCQ Use Permit and RPA (con’t) •Zoning Interpretation to allow importation of greenstone from Lehigh for processing and sale •Importation and processing is not an allowed use under the Zoning Ordinance Department of Planning and Development 30 Project Schedule •Review forthcoming UP and RPA resubmittal for completeness •Finalize EIR scope Department of Planning and Development 31 Project Schedule (con’t) •Publication of Notice of Preparation •Preparation of Draft EIR •EIR public comment period •Planning Commission comment meeting •Final EIR •Planning Commission consideration meeting Department of Planning and Development 32 Opportunities for Public Input •EIR Scoping Meeting •Notice of Preparation •EIR Comment Period •Planning Commission Hearing •Use Permit, RPA and EIR Department of Planning and Development 33 Compliance issues •2017 NOV and 2018 Compliance Agreement •Slope failures •Water quality issues •Ground disturbance outside boundary Department of Planning and Development 34 Compliance Issues (con’t) •2019 NOV •Import, processing, and resale of aggregate from Lehigh •Zoning Interpretation submitted to allow import from Lehigh Department of Planning and Development 35 City Comments •January 2019—export of aggregate, truck traffic •July 2019—pre-application •October, December 2020—completeness of applications 36 To Access Information City: https://www.Cupertino.org/quarry information County: https://www.sccgov.org/sites/dpd/ Programs/SMARA/Pages/SMARA.aspx 37 Questions Save the date for Supervisor Joseph Simitian’s annual meeting with regulatory agencies about Lehigh on March 3, 2021 from 6:30-8:30 p.m. 38