County of Santa Clara Issues Notice of Violation to Stevens Creek Quarry

Unpermitted importation of aggregate material for processing and sale violates County Law

SANTA CLARA COUNTY, CALIF.— The County of Santa Clara Department of Planning and Development issued a Notice of Violation to Stevens Creek Quarry (12100 Stevens Canyon Blvd., Cupertino) on February 15, 2019, for importing aggregate materials from Lehigh Permanente Quarry (24001 Stevens Creek Blvd., Cupertino) onto the quarry for processing without a permit. The Notice of Violation requires Stevens Creek Quarry to stop transporting aggregate rock immediately.

The County of Santa Clara Notice of Violation requires Stevens Creek Quarry to stop importing, refining, and reselling aggregate/greenstone material from any quarry, including Lehigh Quarry. If the Quarry does not stop importing the aggregate, it is subject to administrative fines of up to $1,000 per day and other potential legal action. 

“The County has issued a Notice of Violation to Stevens Creek Quarry requiring it to immediately stop the unauthorized importing, refining, and reselling aggregate material unless and until it has a legal means of doing so,” said Jacqueline Onciano, Director of the County’s Department of Development and Planning. “The Notice of Violation requires Stevens Creek Quarry to apply for and obtain approvals from the County before continuing to import aggregate into the Quarry.” 

The new, unpermitted importation of aggregate material for processing and sale has intensified the use of Stevens Creek Quarry. However, the County’s existing approvals for Stevens Creek Quarry, which became effective in 2002, don't allow this type of activity. This unauthorized activity occurring without a use permit violates County of Santa Clara Ordinance Code and Zoning Ordinance and constitutes a public nuisance.

On February 20, 2016, Lehigh Southwest Cement Company notified that it withdraws its Reclamation Plan Amendment for the proposed haul road and plans to provide the County with a revised application for the existing unpermitted haul road (“Utility Haul Road”). On November 26, 2018, Lehigh Southwest Cement Company submitted an application for a Reclamation Plan Amendment to reclaim lands associated with one existing unpermitted haul road (“Utility Haul Road”) and one proposed haul road (“Rock Plant Haul Road”), both of which would connect the Quarry to Stevens Creek Quarry, located at 12100 Stevens Canyon Blvd., Cupertino, CA 95014. 

*News  Release​

BACKGROUND

According to the County’s Department of Planning and Development, during the summer of 2018, Lehigh Permanente widened an existing Pacific Gas and Electric (PG&E) maintenance road that internally connects Lehigh Permanente Quarry and Stevens Creek Quarry without the County’s knowledge and without required permits or the entitlement to do so. Following this road widening,

Lehigh Permanente began to use the road to deliver aggregate materials in Quarry trucks from Lehigh Permanente Quarry to Stevens Creek Quarry for processing and sale, which Stevens Creek Quarry was not allowed to do. 

In June 2018, County inspectors discovered the existence of the unpermitted haul road and on August 17, 2018, issued a Notice of Violation requiring Lehigh to cease use of the haul road unless and until Lehigh applied for and obtained a Reclamation Plan Amendment to legalize the unpermitted haul road.

Following the issuance of the August 17, 2018, Notice of Violation requiring Lehigh Permanente to cease use of the internal haul road, the two quarries began using public streets to convey the aggregate materials between Lehigh Permanente Quarry and Stevens Creek Quarry. Quarry trucks that collect unprocessed aggregate from Lehigh Permanente Quarry travel along Stevens Creek Boulevard, Foothill Boulevard, and then Stevens Canyon Road to deliver the material to Stevens Creek Quarry. 

Stevens Creek Quarry has reported that an average of approximately 169 daily truck trips convey the material from Lehigh to Stevens Creek Quarry. 

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About the County of Santa Clara, California 

The County of Santa Clara government serves a diverse, multi-cultural population of 1.9 million residents in Santa Clara County, the sixth largest county in California. With a $7 billion budget, more than 70 agencies/departments and 20,000 employees, the County of Santa Clara plans for the needs of a dynamic community, offers quality services, and promotes a healthy, safe and prosperous community for all. The County provides essential services including public health and environmental protection, medical services through Santa Clara Valley Medical Center (SCVMC), child and adult protection services, homelessness prevention and solutions, roads, parks, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and scores of other services, particularly for those members of our community in the greatest need.

Media ContactLaurel Anderson/Marina Hinestrosa​, Office of Public Affairs, (408) 299-5119.

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