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Please join Town of Los Altos Hills , Town of Atherton and City of Cupertino to protect public health and the environment

From: domainremoved <Barry>
Date: Tue, 24 Mar 2015 17:54:06 -0700

Dear Honorable Mayor, Vice Mayor and Council member,

I am writing today to urge your city to join with Cupertino and Atherton in
supporting a Los Altos Hills amicus brief effort.

The amicus brief is in support of Bay Area for Clean Environment's lawsuit
against the recently approved Reclamation Plan for the Lehigh Cement Plant
and Quarry in the hills west of Cupertino. (See attached for a short
summary of the case)

Your city's support of the amicus brief may help to overturn the
CEQA/reclamation plan decision and will send a clear message to the County
and Lehigh that local communities impacted by the operations of this
industrial facility want to retain their right to analyze its impacts on
surrounding communities and employ reasonable limits on any future
expansion through the use of EIR's and conditional-use permits. The
estimated $1,000 cost to the City to protect your residents’ environmental
quality will be money well invested.

While Lehigh's mining operation pollutes the water, Lehigh's cement
manufacturing is polluting the air. The EPA issued a Notice of Violation
to Lehigh on March 10, 2010 for Lehigh's alleged violation of emitting more
than 40 tpy (tons per year) over the limit of 5,072 tpy for NOx (Nitrogen
Oxides) and 2,106.8 tpy of SO2 (Sulphur Dioxide). As of today, Lehigh is
still negotiating with the EPA for this violation while the pollution
continues. As you know, air flows without boundaries. And Lehigh is the
only cement plant in operation in the United States that is located so
close to such a large urban population. Roughly 7.2 million San Francisco
Bay Area residents have been negatively impacted by Lehigh's
out-of-compliance operation for the last 70 years. If we don't take action
to stop it, Lehigh will continue to pollute the air and water. Please see
attached EPA's Notice of Violation. Below is page 12 of the EPA's Notice of
Violation and California State Department of Conservation, Office of Mine
and Reclamation’s 30-DAY PENDING REMOVAL FROM THE AB-3098 LIST, RECLAMATION
PLAN NON-COMPLIANCE, PERMANENTE QUARRY, MINE ID #:.91-43-0004. Various
supervising agencies have issued many other Notice of Violations. If you
are interested, please let me know.

The deadline for submitting the amicus brief is April 1, 2015, so time is
of the essence. Please agendize this item as soon as possible.

Should you have any questions, please feel free to call me or our attorney,
Mr. Stuart Flashman at 510-652-5373. Thank you for your help.



Sincerely,


Barry Chang, Vice Mayor

City of Cupertino

408-688-6398


Received on Tue Mar 24 2015 - 17:50:28 PDT

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