August 2023 Conservation Corner

How to report intentional harm to birds and their habitat

SCVAS is often alerted by our members to actions that harm birds and their habitat. The California Department of Fish and Wildlife investigates cases of habitat destruction, pollution and poaching, and allows people to report violations anonymously. If you encounter someone polluting or destroying a creek, for example, you can report it at CALTIP - Californians Turn in Poachers and Polluters.

If you have evidence, please include it in your report.


What is happening at the Lehigh quarry?

Lehigh Quarry: Jitze Couperus

The Lehigh site currently has two primary uses. One encompasses the cement kiln and the manufacture, storage, and distribution of cement; the other involves the quarrying and processing of quarried material, some of which is transported off-site as aggregate, and some of which has historically been used on-site as feedstock for the cement kiln. The cement plant and quarry are both part of the Lehigh property, which encompasses 3,510 acres, 2,656 of which are in unincorporated Santa Clara County. The remaining land is within the cities of Cupertino and Palo Alto.

In March 2023, we rejoiced when Lehigh announced the cessation of cement production and stated that it does not intend to quarry new material from the pit or elsewhere on site. However, the company plans to continue processing already quarried material for sale as aggregate, and has recently submitted a new proposed reclamation plan amendment. The proposed new reclamation plan is of great concern. Please see our alert for details, and act today.

Meanwhile, Supervisor Simitian has brokered an agreement between Santa Clara County and the City of Cupertino, stipulating that the City and County will work together to ensure that Lehigh and any future owners of the property prevent and eliminate any conditions that could be considered a nuisance or pose a danger to public health or the environment. The agreement also requires that in order for development to proceed, reclamation, restoration, and environmental remediation of the site must be moving forward in compliance with all applicable laws, policies, and regulations. We will continue to follow the issues related to Lehigh and call on you to support our work to ensure that the 100-year environmental injury that Lehigh imposed on our communities and our landscapes is properly addressed. Again, please see our action alert here and act today!


Hope for Lake Cunningham?

Lake Cunningham is a man-made lake in East San Jose that has long suffered from poor water quality. SCVAS and other organizations have been advocating with the City of San Jose to devote significant funding to improve water quality in the lake. 

In June 2022 we were successful in asking the City to use the remaining $3.2 Million dollars from Measure T (a 2018 $650 million disaster preparedness bond) to address improving water quality and restoring Lake Cunningham, stating:

“[Lake Cunningham] is an ecological and an environmental equity issue. The City Council has the opportunity to start rehabilitating this critical neighborhood lake that can transform both our nature and underserved communities in East San José. “

However, in March 2023, the City reversed this allocation, but also accepted a grant from the Open Space Authority for a pilot wetland project. Our public comments included:

“Lake Cunningham is in a sorry state. It is toxic to fish and wildlife, and inhospitable to the eastside community that cares so deeply about it.

Worldwide, constructed wetlands are used as Green Infrastructure features to provide habitat for wildlife and clean water naturally and inexpensively. Using constructed wetlands to clean the water of Lake Cunningham will benefit both the community and the ecosystem. 

Please authorize the City Manager to secure a grant from the Santa Clara Valley Open Space Authority for the design and environmental review of a Prototype Wetland Restoration Project, and direct staff to seek additional local, state, and federal grants. Please let the SCVAS know about opportunities to support grant applications for this purpose.” 

The City of San Jose ended up diverting the 3.2 million dollars to public safety reserve, and looking elsewhere (Open Space Authority, state and federal budgets) to fund a pilot project for constructed wetlands. We are glad to learn that the state’s budget has allocated $1.5 million to improving East San Jose, including Lake Cunningham. The San Jose Spotlight reports that  San Jose Assemblymember Ash Kalra, who pushed for the funding in the state budget, said the money will mostly go toward restoring the wetlands in hopes of further improving the water quality in the lake.


Should bus shelters be kind to birds?

One of the glass-forward bus shelters in question

Please email us at Advocate@scvas.org and express your opinion on this design of bus shelters (this one is located in the Stanford Industrial Park). We would like to use quotes from our members in our presentation to the City of Palo Alto and the VTA.