Santa Clara Co., Midpen May Team Up To Keep Hilltop From Mining

By Jana Kadah, Bay City News Foundation

SANTA CLARA COUNTY, CA — Santa Clara County and the Midpeninsula Regional Open Space District may team up to prevent development and mining on a ridgetop near Rancho San Antonio County Park.

Lehigh Hanson, which operates a nearby quarry, submitted a proposal to the county in 2019 to remove a 100-foot by 4000-foot-wide section from the hillside, known as Permanente Ridge, to increase mining capabilities.

But some local leaders want to make sure that does not happen because it would violate a nearly 50-year-old easement plan and threaten the hillside.

So, on Tuesday the county board of supervisors will vote on partnering with the Midpeninsula Regional Open Space District, also known as Midpen, to share protection and enforcement responsibilities.

"One of the ways we can make sure we don't lose those hillsides is by having reinforcements at the ready, and that is the good folks at Midpen," said Simitian.

Midpen board member Yoriko Kishimoto said the partnership would add a second line of defense and more "eyes on the site and boots on the ground," to prevent development.

The proposal by Lehigh would essentially "chop the top," off some of the Santa Cruz Mountains.

Lehigh could mine more limestone from the area and amend its 2012 Reclamation Plan for Lehigh Permanente Quarry — expanding surface mining activities total production by approximately 600,000 tons, according to a December 2020 Santa Clara County Department of Planning and Development memo.

The chop would be about as tall as a 10-story building with enough earth to fill about 1.8 million regular-sized cement trucks if it were removed, Simitian said.

The supervisor who represents the area said the chop would be a clear violation of the 1972 Ridgeline Protection Easement made between the county and Lehigh's predecessor Kaiser Cement and Gypsum Corporation, which prohibits quarrying and mining in the area and requires Kaiser and its successors to maintain ridgetops at certain elevations. It also allows the county to inspect the ridgeline to ensure the easement is followed.

Simitian said in addition to the easement violation, the proposed development would have serious negative environmental impacts.

This is because the ridgeline provides habitat for wildlife and acts as a natural barrier by limiting dust from mining operations at the Cupertino quarry from spilling into the county park.

Simitian said he has been disappointed by Lehigh's behavior over the last year, claiming they have not been responsive or forthcoming.

"They are increasingly aggressive — and then frankly, increasingly surprising — in terms of efforts to be a good neighbor. And that disappoints me," said Simitian.

Lehigh filed a lawsuit against the county in February claiming that the county's Department of Planning and Development was intentionally delaying the process for its reclamation plan amendment proposal by not doing the environmental review and community outreach process Lehigh started.

Documents filed June 15 by the county indicate that County Counsel James Williams and attorneys Elizabeth Pianca and Stephanie Safdi see no merit in the lawsuit because it essentially asks the court to bypass county procedures and evaluations, "rather than awaiting the county's administrative determination."

"The court should decline the invitation," the documents state.

The litigation is ongoing, and a hearing will be held August 18.

Lehigh Hanson did not respond for comment.

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