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Re: 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: Wed, 25 Mar 2015 13:38:16 -0700

Dear Honorable Mayor Carlton, Vice Mayor Cline, Council member Keith,
Mueller and Ohtaki,

Thank you very much for considering a special meeting to hear the Town of
Los Altos Hills' amicus brief issue. Attached, please find more Lehigh's
notice of violations. Should you have any question, please feel free to
call me.

I am also pleased to inform you that City of Los Altos just joined your
neighboring town, Atherton, and City of Cupertino to support Town of Los
Altos Hills' amicus brief. Again, thank you very much for your efforts to
protect Menlo Park residents' health and the environment.

Barry Chang
Vice Mayor, City of Cupertino

On Tue, Mar 24, 2015 at 5:54 PM, Barry Chang <vicemayorchang_at_(domainremoved)
wrote:

> 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 Wed Mar 25 2015 - 13:33:59 PDT

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