The Cupertino Courier
News
State considering taking county's mining authority
By Cody Kraatz
Two weeks after a meeting arranged by Hanson Permanente Cement officials to field complaints and address neighbors' concerns, the California State Mining and Geology Board is set to consider usurping Santa Clara County's mining regulation authority.
The county said it has stepped up its inspection efforts after a board audit in April 2006, and the board will decide if it agrees at its Sept. 13 meeting in San Jose. It has been a year since the board last reviewed the county's enforcement practices.
"The board could either take action of assumption or it could defer and keep monitoring if the county shows that it has made good faith efforts [towards improved regulation]," said Stephen Testa, SMGB executive officer.
The board had found that Hanson and eight other mines in the county had violated state mining laws and told the county to correct the deficiencies in its inspections within 45 days. The violations involved operating outside the bounds of a 1985 reclamation plan and having insufficient funds on hand to guarantee reclamation would be completed.
Since then, the county hired consultants well versed in Surface Mining and Reclamation Act (SMARA) requirements and conducted intense inspections of mines in the county. A Santa Clara County civil grand jury report in March found the county had indeed stepped up its efforts.
"We made this a very thorough and a very expensive process because it's never been done that comprehensively before," said Valentin Alexeeff, county director of planning and development.
Disputed expansion
What began as a remedy to the violations has exploded into controversy.
Hanson disputed those violations, saying the county had never noted any concerns before, and rather than pursue a lengthy debate, Alexeeff told Hanson to include the areas in question in an amended reclamation plan.
The current plan expires in 2010 and covers 330 acres of the 3,200-acre Hanson property, while the proposed amendment totals 917 acres.
Besides bringing all of Hanson's disturbed areas under the plan so they will eventually be restored, the reclamation plan includes about 220 acres of undisturbed acres for a new 60-acre mining pit.
More than 60 people have spoken against the expansion at two county meetings and expressed concerns about existing mining operations, part of the reason Hanson is organizing the Aug. 30 community meeting.
But Hanson and county officials said the reclamation area expansion is inevitable and desirable.
Hanson would appeal
"If the county failed to approve a reclamation plant then Hanson would have to appeal it to the state and the state would have to approve a reclamation plan," said Marvin Howell, Hanson land use director.
The original 1975 version of SMARA specifies that surface mining operations, all parts of the process involved in mining on mined lands, including private ways and roads, structures, facilities, equipment, machines and tools, be included in a reclamation plan.
Alexeef said the EIR, due out this fall, will include researching whether Hanson has vested rights to mine. It was mining before SMARA and therefore does not need a use permit, a powerful regulatory tool.
For more information about the SMGB meeting scheduled for Sept. 13 at 302 S. Market St. in San Jose, visit www.consrv.ca.gov/smgb.
Hanson schedules
community meeting
Hanson Permanente Cement officials say they can alleviate community concerns about the mine and cement plant operations. The company is holding a community meeting on Aug. 30 from 5 to 8 p.m. at the Quinlan Community Center, 10185 N. Stelling Road in Cupertino.
It also established a hotline at 408.500.5034 for people with concerns. Marvin Howell, director of land use planning, said it should be permanent.
"I think people have been frustrated up to this point," said Howell of the environmental impact report being prepared regarding a proposed expansion of the mine's reclamation.
