The Cupertino Courier

News

County retains authority over mining operations

By Cody Kraatz

Santa Clara County will retain power over mines in its jurisdiction, including Hanson Permanente Cement and Stevens Creek Quarry near Cupertino.

The California State Mining and Geology Board decided on Sept. 13 that the county had stepped up its enforcement efforts after an April 2006 notice to correct sub-par regulation.

However, the decision calls for continued monitoring of the county's progress and a 45-day notice to correct the remaining mining operations that are out of compliance.

"The county has done a bang-up job in terms of progress," said board member Erin Garner, who said he was hesitant to let the county completely off the hook. "Maybe when they are at full compliance we can give them the autonomy they seek."

The county had previously allowed nine mines in the county, including the ones near Cupertino, to operate out of compliance with state law.

Some Cupertino residents were not entirely satisfied with the board's decision.

"I personally feel the state would have done a better job," said Karen del Compare, a Cupertino resident and member of the West Valley Citizens Air Watch, after the decision. "But, it's better than nothing."

Compare and others are scrutinizing a reclamation plan amendment that Hanson is currently preparing, in part to comply with state law. Seven other mines are doing the same. It details how the company must return the land to a usable condition when it is done mining.

Hanson has stated in previous interviews and at the meeting that it prefers local control of reclamation plans and other regulation and the county is confident that as a local agency it could best address community concerns and beef up its regulation.

"We want to continue the process. We have lots of plans for what we want to do in the future," said Val Alexeef, county planning director, citing further inspections conducted by a consultant that have produced much more detailed reports than were previously made.

Cupertino Councilman Richard Lowenthal told the board that state oversight and guidance should continue, but that local control gives residents more of a voice.

Throughout the state, counties and cities have low performances in terms of inspections and financial assurances, the bonds that would pay for reclamation if a company walked away.

"If you look at the overall performance, it's pretty bleak," said Stephen Testa, SMGB executive officer.

Increasing demand for transportation building materials, much of which Hanson supplies in this county, combined with increasing demands for environmental protection make it critical that regulatory agencies like the county know what they are doing and do it well, said board member Cheryl Bly-Chester.

"We're going into up-tempo mode now. We need to have our rocket scientists on this," she said.

On the web, visit www.sccplanning.org or www.consrv.ca.gov/smgb for more information.