Residents Concerned About Mining In Livermore, Pleasanton Start Petition

LIVERMORE, CA — A group of residents in Tri-Valley are asking the community to sign a petition to force CEMEX Construction Materials Pacific to answer some important, and possibly uncomfortable, questions before expanding or even resuming its mining or reclamation efforts in Livermore and Pleasanton. Members of the Tri Valley Preservation Association, many of whom are area residents, say they are concerned about the air and water quality, animal habitats in the area and property values should the mining near Isabel and Vineyard avenues resume.

Mining for aggregates in the area has occurred since the 1990s but ceased around 2003 after nearby properties allegedly suffered damage as a result of the mining activity, according to longtime residents.

A community meeting is planned for residents to discuss the the proposed mining this Friday. Read the petition by clicking here.

CEMEX spokesperson Walker Robinson says the petition has some inaccuracies, including citing studies that are incorrect. Current studies can be viewed here.

Robinson said the company does plan to resume mining in Lakes A and B, and that the mining is a vested right permitted decades ago. The work, which will take about seven years, will likely begin in 2019 and is part of the required work to implement the Chain of Lakes for Zone 7.

“CEMEX has a vested right and approved permits to continue mining in Lakes A and B,” Robinson told Patch via email. “The Reclamation Plan Amendment application simply notes that CEMEX intends to resume mining in Lake A pursuant to its vested rights and conditions of approval, however, in a much smaller area than what is currently permitted.”

Robinson said the new plan for Lake A will keep the Arroyo del Valle intact while changing the configuration of Lake B to increase the maximum floor elevation to 100 feet deeper than allowed under the current reclamation plan. According to Robinson, the county will begin the Environmental Impact Report (EIR) process and is required to hold at least one community meeting related to the mining in Lake A.

“It is important to note, however, that the EIR is intended to evaluate the changes between the existing reclamation plan and the proposed reclamation plan amendment,” Robinson said. “Again, mining and processing uses are already permitted and vested, and a reclamation plan addresses the condition in which the site will be left once mining is complete.”

When asked about considerations are being made regarding potential quality-of- life issues and reduced property values that could come up as a result of the mining work, the company said it must comply with rules and regulations under the federal Mine Safety and Health Administration Act, Alameda County Code, Bay Area Air Quality Management District and the Surface Mining and Reclamation Act. CEMEX says it has also adopted a plan and uses best management practices for dust control and will endeavor to maintain its existing mine operating hours. In addition, the company said it maintains a website for the facility to provide information and updates to its neighbors.

“The petition focuses on the ‘mining’, which is minimal for the overall proposed activities; for Lake A specifically, significant infrastructure construction is required to take place to meet the requirements of Zone 7 Chain of Lakes as outlined in the Livermore Valley Specific Plan,” Robinson said.

Livermore Mayor John Marchand said the quarry is on county land and the decision will ultimately be made by the Alameda County Board of Supervisors.

"The City of Livermore is working closely with Supervisor Scott Haggerty’s office to ensure that any future activity will not adversely impact the quality of life of our residents,” Marchand told Patch.

A representative from Alameda County Supervisor Scott Haggerty’s office said that in July 2016, CEMEX conducted community meetings for the purpose of updating residents on a concept of additional mining to be done concurrently with Lake A slope repair and stability work, berm work between the Arroyo del Valle and Lake A and the Lake A Chain of Lakes reclamation work for Zone 7. Many questions arose, and the Supervisor's Office, Community Development Agency and CEMEX say they have responded to questions and concerns raised by the community.

In December of 2016, CEMEX submitted an updated Rec Plan Amendment Application to the county. Officials say the new application is largely unchanged from its 2014 application as it relates to the vast majority of the site including Lake B, Lake J and the repair and reclamation work at Lake A for Zone 7. The new application does include a proposal for the resumption of mining in a limited and focus area to coincide with Lake A reclamation work.

Mining Lake A was previously vested mining, so no additional permits from the county are required for this limited mining, however the county added two Conditions of Approval to CEMEX's Surface Mining Permit in 2012 requiring CEMEX take a comprehensive look at Lake A to address future mining, slope stability, Zone 7 water conveyance and demonstrate if it's resumed, mining can be done safely without compromise to slope stability.

"No mining may commence until CEMEX's proposal has been studied by the County and the engineering is Peer Reviewed by 3rd party engineers hired by the County, CDA conducts it's own community meeting on Lake A with residents and any new mining must be approved by the Planning Commission, ” county officials said via email. “The application materials included hundreds of pages of engineering studies, borings, samples and tests on water quality, water storage, geological work and slope stability analysis of Lake A. All studies have been sent by the County for Peer Review and where appropriate relevant information will be included in the County's Environmental Impact Report, which will evaluate the environmental impacts of those essential components of work now proposed in the reclamation plan amendment application that are new and not previously approved. ”

The county said CEMEX’s application includes a proposed schedule largely dependent on the approvals from Zone 7, U.S. Army Corps of Engineers, California Fish and Wildlife and other agencies having jurisdiction and their issuance of permits for the restoration of the Arroyo, Chain of Lakes diversion structure and conduits. CEMEX proposes a five-to-seven-year schedule for all Lake A work once approved. If the EIR were certified, amended Rec Plan and resumption of Lake A mining were approved in 2017, the mining and reclamation activities could potentially continue until 2024, though the schedule is directly dependent on the issuance of the various permits required for work in the Arroyo and Lake A.

Zone 7 officials say they are having discussions with CEMEX and have participated in neighborhood meetings.

“There is no real schedule for turning lakes over to Zone 7,” Zone 7 spokesperson Jill Duerig told Patch. “A few decades ago, we were estimating that we’d receive all the lakes by 2030; more recent projections are for 2060. If we get lakes before that, it is great for regional water management and CEMEX’s evolving plans may mean that Zone 7 receives Lake A from CEMEX in advance of the rest of the lakes.”

Map courtesy Google Maps