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Desk ItemsERC Study Session Potential Topics: Follow the Placeworks book main topics in slideshow format for future reference for new ERC and PC members. Consider a joint PC CCC or all commission public study session on EIRs? Somehow provide the information to educate. 1) Environmental Screening Levels a) 2019 SF Bay Regional Water Quality Control Board b) Who selects, what if there are disagreements? c) Baseline study of Arsenic shows a regional range, one soils study showed the mid-range value and accepted it, another used the max range value and accepted it; cannot both be right, and both were 2) Noticing 3) How to make effective comments about a CEQA document (EIR/MND) 4) Differences between the various CEQA documents 5) Checklists 6) Aesthetics 7) Level of Service 8) Legal issues— exposure to challenges 9) Who can answer questions regarding the CEQA document? a) How should questions be presented from ERC members to consultants? b) Legal issues of written communications (eg. Recent MND statements) 10) The following information is from the CEQA seminars from the 2019 PC Academy, Long Beach: 11) EIR approval does not mean project approval, explain 12) If not certified, the data does not exist, explain 13) Must respond to comments; how to make comments which get an actual response 14) If we disagree with the conclusions, talk to the Director, say it on the record, vote "no" and don't approve 15) Director needs to be able to guess what the commission wants: if you want a specific part of the DEIR (eg. Study pink bunnies w/tutus); explain 16) Policies in the GP may make inconsistencies disqualify the proposed project 17) CEQA is not perfect, advocate for any project, chance to fix existing issues, a decision maker, anthology of everything everywhere, analysis of worst case 18) Project Description: Stable and Consistent 19) Baseline discussion 20)' Thresholds of Significance — need to sit with planning to discuss 21) Mitigation Measures a) Project design features b) Measurable changes c) What does feasible mean d) What level to mitigate to? e) After occupancy permit issued, if mitigation measures not done, out of luck f) Hours of operation, tree canopy — use Ordinances to it is code compliance instead of mitigation (explain this)' 22) Findings, written logical process, showing your work, explaining reasoning, drafted by staff and approved by council or commission 23) Late Hits: Testimony at Hearings a) Give them to staff, take a 10 minute break i) Ok to proceed or ii) Continuance 24) Recirculation is not a bad thing Midpeninsula Regional apenSpace July 12, 2019 Mr. Rob Salisbury Midpeninsula Regional Open Space District Santa Clara County Planning Dpt. 70 West Hedging Street East Wing, 7th Floor San Jose, CA 95110 GENERALMANAGER Ana M. Ruiz BOARD OF DIRECTORS Pete Siemens Yoriko Kishimoto Jed Cyr . Curt Riffle Karen'Holman Larry Hassett Zoe Kersteen-Tucker RE: Lehigh Southwest Cement Company Proposed Permanente: Quarry Reclamation Plan Amendment Application Dear Mr. Salisbury, The Midpeninsula Regional Open Space District (District) submits, the following preliminary comments on the May 2019 application from Lehigh Southwest_ Cement Company (Lehigh) for a proposed Reclamation Plan Amendment (201,9 Amendment).; aur comments raise concerns regarding the proposed expansion of the quarry operations into the. protected Scenic Easement area. These concerns are focused on four main issues: inadequate geotechnical solutions to stabilize the existing quarry walls;. continued water quality impacts of both groundwater and Permanente Creek; visual impacts resulting; from the increased height of the West Materials Storage Area (WMSA) and lowering0 the ridgeline; and the potential for increased: air quality impacts.. Additionally, the District is concerned that the proposed amendment would also result in continued implementation delays to fulfill current stream restoration obligations along Permanente Creek. Protection of the Permanent Ridge Scenic Easement The Permanente Ridge. Scenic Easement owned by Santa Clara County (County) is extremely important to the District, our visitors; neighbors, and all County residents Who value the scenic views ofthe prominent hillside. This easement protects the views looking to the north towards Leh igl1r,Quarry. Even though the massive quarry is located just over the ridgeline from Rancho San. Antonio Open Space Preserve, the scenic easement ensures that the viewshed remains one of natural splendor to be enjoyed by preserve visitors, neighbors and everyone in the Santa Clara Valleyregion. The scenic easement explicitly prohibits the mining activities proposed in the 2019 Amendment. To conform with existing legal requirements and uphold the intent of the scenic easement, the District urges that the County require Lehigh to amend its 2019 Amendment application to ensure compliance with County rules and regulations, and with the land use restrictions that apply to this important scenic easement. At a minimum, Lehigh should be required to provide an alternative in their application that complies with the scenic easement before the application is deemed complete. Geotechnical Stability The District raises significant concerns that recent mining activities remain out. of compliance with the County -approved 2012 Reclamation Plan. These activities have created over -steepened quarry wall 330 Distel Circle Los Altos, ,CA 94022_ P 65o:691.1aoo I F 6so.691.0485 I vrww.openspace.org slopes with insufficient benches, resulting in a less stable hillside that is prone to erosion and landslides. These over -steepened slopes are not properly mitigated in the 2019 Amendment, and should be reviewed by the County Geologist, State Office of Mine Reclamation, and State. Mining and Geology Board immediately. The District also has concerns regarding Lehigh's proposal to mine the ridge that is protected by the Permanente Ridge Scenic Easement. The 2019 Amendment cites the need to address potential erosion and stability issues created by raining the northern quarry slope, However, the proposal to mine the ridge that lies within the Scenic Easement in reality does little to lessen the slope steepness. To sufficiently address the stability issues, Lehigh should be required to follow the approved 2012 Amendment that calls for buttressing -the -mined slope with material from the WMSA. Expanding the mining area into the area protected by the Scenic Easement is not an acceptable approach to rectifying a condition created by past mining practices. It appears that the main driving benefit in'mining this protected ridlge.protected is to extract additional product for additional profit by the quarry. Water Quality in the application, Lehigh cites water quality concerns associated with backfilling the quarry pit and buttressing the north quarry slope with the material stockpiled in the WMSA. However, the Regional Water Quality Control Board (RWQ(B) developed and issued their recent 2018 Waste Discharge Regauirements (WDR's) based upon the existing 2012 Reclamation Plan, which .included relocating the WMSA into the quarry pit and (buttressing the steeply mined quarry walls, indicating that water quality objectives are achievable using this approach. Lehigh does not provide material evidence to support their position, except for their desire to stop treating the groundwater they have intercepted through mining activities. ,Again, one has to assume that increasing the profit of the quarry through reductions in operating costs are the plain driver for this proposal. Important to a successful reclamation will be the non -limestone materials used to backfill the lowermost elevations of the quarry pit (includingi leevations below the water table that have been' mined since the 2012 Amendment approval). Lehigh's proposed 201J Amendment estimates that 80% of the total volume in the WMSA contains non -limestone rock. Lehigh has also stockpiled substantial volumes of non -limestone rock (primarily greenstone) elsewhere in the quarry., Given the volume of non -limestone material needed to backfill the large raining pit, itis critical to retain all existing non -limestone material. onsite to use as backfsll..This materialshould not be sold or hauled off site. Rising existing onsite material avoids the added environmental impacts related to greenhouse gas emissions, traffic, and diesel exhaust that would otherwise occur if the County accepts Lehigh's proposal to sell and off: haul existing material for profit and import and in -haul outside fill for an additional ,profit. The trucking of this material is substantial with an estimate given of up to one -million cubic yards of construction soil imported annually to the site from throughout the South San Francisco Ray Area. Theapplication fails to describe the environmental impacts to Cupertino, surrounding communities, and Rancho San Antonio Open Space Preserve related to the off -haul and in -haul of this material. Moreover, the, proposed use of imported soil (rather than onsite material) to fill in the mining pit is anticipated to extend the current 5 - year reclamation timeline by an additional 25-30 years. The resulting extensive delay is unacceptable. Visual Impacts Lehigh's proposed 2019 Amendment would raise the WMSA an additional 160 feet in elevation. This proposal runs fully contrary to the prior approved 2012 Amendment, which requires removal of the WMSA. As part of the 2012 Amendment, the County recognized the visual impact of the expanded WMSA and allowed Lehigh to temporarily retain the WMSA during mining activities with the requirement that the WMSA be removed as part of reclamation activities. Adding 160 feet of additional 2 elevation would clearly result in greater visual impacts than the current 2012 Amendment and negate the original agreements made between the County and Lehigh. Air Quality Impacts The proposed mining of the scenic easement and additional storage at the WMSA. are ridgetop construction activities subject to wind erosion. The District conducted an extensive air monitoring study in 2013-2014 at Rancho San Antonio Open Space Preserve (Winegar Air Sciences, October 2104). The study noted a correlation in the increase of particulate matter with proximity to the Lehigh quarry. The air was clearly degraded by particulate matter at a sample point located closest to Lehigh When compared with up -wind monitoring locations. Concentrations of particulate matter 10 micrometers or less in diameter (PM10) exceeded the California Standard at the monitoring.site closest to Lehigh. The proposed mining activities pose a significant new air quality concern to the District and should 'be sufficiently addressed in the application Delays in Completing the Permanente. Creek Restoration Area The ongoing delay in completing the Permanente Creek Restoration Area (PCRA) is of continued concern to the District. The 2019 Amendment states that "The proposed reclamation plan. amendment would not change the reclamation approach or requirements forthe PCRA". What appears to change is the timeline. Under the existing 2012 Amendment, PCRA restoration is to be completed by 2030. Per the 2019 Amendment, the timeframe for restoration is 10-20 years from approval, an extension of up to an additional 10 years — out to potentially 2040. Lehigh's existing -slow pace for submitting necessary items requested by the County to comply with the 2012 Amendment raises serious concerns that the same slow approach and resulting delays would occur if the proposed 2019 Amendment is approved. Our concerns for the creek were recently justified and heightened by recent landslides from the Yeager Yard area into Permanente Creek, The PCRA restoration should be completed as soon as possible, and should not be delayed for another decade. The 2019 application should also be deemed incomplete because it lacks specificity in describing the timeframe for restoration of the PCRA. The County holds the authority to uphold its commitment to the surrounding communities by protecting the Permanente Ridge Scenic Easement and requiring the timely implementation of the approved 2012 Amendment. It is clear that the existing 2012 Reclamation Plan is liar superior to the Proposed 2019 Amendment by remaining much more protective of human health,. the surrounding environment, and scenic vistas. The County is asked to deem Lehigh's.2019 Reclamation Plan Amendment application as incomplete until all the issues discussed above are adequately addressed. Sincerely, 6 - Ana M. Ruiz General Manager Midpeninsula Regional Open Space District cc: Midpeninsula Regional Open. Space District:(District) Board of Directors Erika Guerra, Environmental Director, Lehigh Quarry Brian Malone, Assistant General Manager, District Kirk Lenington, Natural Resources Manager, District 9 City of San Josh Earns LEED for Cities Platinum Certification Amanda Komar Sep 21, 2018 San dose is the first city in California to be honored by the U.S. Green Building Council's LEED for Cities program, which recognizes city -level sustainability policies and programs that reduce air pollution and improve quality of life for residents SAN JOSE, Calif. — The City of San Jose announced that it has achieved LEED Platinum certification in recognition of its efforts to improve sustainability and quality of life, becoming the first city in California and one of the first in the world to be certified under the U.S. Green Building Council's LEED for Cities program. Mahesh Ramanujam, president and CEO of the USGBC, the creators of LEED, said San Jose is one of the global cities leading the way on green building, urban sustainability and climate change mitigation. "This is a wonderful accomplishment that signifies San Jose is setting the bar for what is possible, creating a healthy and safe place where citizens can thrive," Ramanujam said. "Cities and communities, that achieve LEED certification are lowering carbon emissions, creating a healthier environment and striving to improve quality of life for their residents. San Jose has set a standard for sustainability performance. LEED, or Leadership in Energy and Environmental Design, helps buildings, communities and cities achieve high performance in key areas of human and environmental health. LEED I for Cities is a performance-based program that enables cities to measure, evaluate and benchmark their sustainability performance. As a LEED-certified city; San Jose has access to Arc, a digital performance platform that enables cities to 'better track sustainability performance and improve related programs. The LEED Platinum certification validates the City's commitment to sustainability policies that benefit residents and ensure the long-term vitality of the community, with cleaner air and a secure water supply. San Jose joins a short list of LEED-certified cities around the globe, including Washington, D.C.; Phoenix, Arizona; Lancaster, Pennsylvania; Savona, Italy; and Surat, India. "I thank the U.S. Green Building Council for naming San Jose as California's first LEED- certified city, and for recognizing our steadfast commitment to environmental sustainability," said San Jose Mayor Sam Liccardo. "While national leadership continues to abdicate its environmental responsibilities, San Jose will persist in its efforts to fight climate change and build a more sustainable community." San Jose's LEED Platinum certification recognizes the City's sustainability leadership in several key areas, including: Climate Smart San Jose, a new initiative to reduce greenhouse gas emissions, save water and improve quality of life. Climate Smart builds upon the City's 2007 Green Vision, making San Jose one of the first major U.S. cities to establish a climate action plan that aligns with the Paris Agreement Waste reduction and diversion, including a goal of zero waste by the year 2022, as outlined in the City's Zero Waste Strategic Plan Transportation, as demonstrated by the City's new Vehicle Miles Traveled metric, a sustainability -oriented method for analyzing transportation impacts The certification also recognizes the City's community engagement. In shaping Climate Smart San Jose, for instance, the City conducted extensive public outreach in English, Spanish and Vietnamese and worked closely with our community and stakeholders. "Sustainability is vital to San Jose," said Kerrie Romanow, director of the City's Environmental Services Department. "We are constantly searching for new ways to improve the lives of our residents and make sure San Jose is healthy for decades to come. Our new climate action community plan, Climate Smart San Jose, is just the latest example of that commitment." San Jose is one of six recipients of a generous grant the Bank of America Charitable Foundation provided to accelerate the next generation of high-performance cities. https•//www usgbc org/articles/city-sanjos%C3%A9-earns-leed-cities-platinum=certification-0 ---------------- Berkeley. first city in California to ban natural gas in new buildings The city of Berkeley will no longer allow natural gas pipes in many new buildings starting Jan. 1, 2020. It's the first city in California to pass such a law, officials said. The Berkeley City Council voted unanimously Tuesday night in favor of the legislation, put forward by downtown Councilwoman Kate Harrison's office and council co-sponsors Cheryl Davila, Ben Bartlett and Sophie Hahn. Public support was also unanimous during 45 minutes of comment from community members and representatives of the University of California's Office of the President (UCOP), energy giant PG&E and the Sierra Club, among others who spoke. UCOP Associate Director of Sustainability Ryan Bell told officials UC is on board with the idea and already has a policy, as of July 1, to avoid natural gas space and water heating inmost new facilities. The university has all -electric buildings — from labs and dormitories to office space — going up around the state "in all climate zones. https•//www berkeleyside com/2019/07/17/natural-gas-pipes-now-banned-in-new-berkeley- buildings-with-some-exceptions 2