Professional Documents
Culture Documents
Field Research Project: Controversy Over Sargent Ranch Quarry On Indigenous Land
Field Research Project: Controversy Over Sargent Ranch Quarry On Indigenous Land
(A1) The Proposal: The proposal is to turn 403 acres of Sargent Ranch Quarry, also
known as Juristac Quarry, which is being used primarily for cattle ranching and partially
accessible to the Amah Mutsun tribe but is largely untouched, into a sand and gravel mine in
Santa Clara county to be used for 30 years in 4 phases, mining approximately 40 million tons of
gravel (Amah Mutsun Tribal Band Protect Juristac, “About”, Section 2, Paragraph 1, 2022) and
then subject to reclamation in accordance with California Surface Mining and Reclamation Act
(SMARA) after each phase. Sargent Ranch Partners LLC proposed this project to the County of
Santa Clara Planning Commission Officials, who accepted comments from the public from July
25th 2022-November 7th 2022, and are now making their final decision (County of Santa Clara
2022).
(A2) Context and Historical Background: The land on which the quarry is proposed to
be constructed runs across San Benito, Santa Clara, and Santa Cruz counties and has belonged to
the Amah Mutsun Tribe for thousands of years-their land extended from Pajaro River to
surrounding areas such as Monterey. The ambiguity which has allowed any construction to occur
on this land at all stems from the arrival of the Spanish in the 1700s. During this time, the Amah
Mutsun tribe was stripped of their stewardship of the land through theft and colonization. When
the Amah Mutsun people were subject to Spanish Missions, they lost autonomy of their lands
and were later pushed out again when they tried to reinhabit the area by growing external
pressure to move to ranchos and the destructive smallpox epidemic. The tribe is still using the
2
land for ceremonies and is considered sacred and a religious/historical site (Amah Mutsun Tribal
Band, 2022).
Sargent Ranch Quarry has been subject to a number of ownership changes, the most significant
beginning in 2007. In 2007, 85% of the property was owned by developer Wayne Pierce under
Sargent Ranch Partners LLC, although the other owners at the time are unspecified. At this time
it was Pierce’s intention to develop the land, and he worked closely with Irene Zwierlein (former
chairperson of the Amah Mutsun tribal band) in an attempt to develop the land together and
federally recognize the Amah Mutsun Tribal Band. Zwierlein was working with Pierce on the
basis that she had created a splinter group of the Amah Mutsun tribe which she was the founder
and chairperson. Zweilerien resigned from the actual Amah Mutsun Tribal in March 2000, after
refusing to answer questions in an internal investigation into her activities by the Amah Mutsun
Tribe. By 2003, the new chairperson of the Amah Mutsun Tribal band was attempting to bring
awareness of Zweilerein's potential fraudulent activity to the Bureau of Indian Affairs (BIA). The
BIA eventually raised these claims with the Federal Bureau of Investigation (FBI). In 2007, the
FBI confirmed that Zweilerlein had forged documents about the alleged splinter group of the
Amah Mutsun Tribal band, and the track to federal recognition of the Amah Mutsun tribal band
was halted. Pierce’s extensive plans for the ranch were also halted at this time, due to another
In 2010, Wayne Pierce and Sargent Ranch Partners LLC filed for bankruptcy and the property
was foreclosed upon. At this time, the debt Acquisition Company of America had acquired 30%
of the debt on the property, and the developer, Sargent Ranch Management Company LLC (chief
managers of Sargent Ranch Partners LLC) listed the DACA as an officer in their company.
Howard Justus, the managing partner at the DACA, purchased the land in auction in September
3
2013.
In 2015, Freeman Associates LLC, submitted an application for a 30-year mining permit on
behalf of the DACA acting under the name Sargent Ranch Management Company LLC. In 2016
Sargent Ranch Partners LLCs filed as domestic and were acquired by the DACA under Howard
Justus. The same year, they refiled for the permit, working under the name Sargent Ranch
Partners LLC. In 2019, hundreds of people gathered at the site to protest the proposed sand and
gravel mine in support of the Amah Mutsun Tribal Band. From 2015-2022, the draft EIR for the
project was delayed, and then finally published on July 22, 2022. (Weinstock C., 12/05/2022)
I learned about this project through a presentation by Amah Mutsun Chairperson Valentine
Lopez, and given that it is relatively close to the Santa Cruz area I live in, it felt pertinent to
explore the proposal and educate myself since it seems to be the most pertinent current
environmental concern.
Over a 30-year operational period, the proposed Sargent Quarry would impact
403 acres of land. The plan includes a 62-acre processing plant area, three open
pit quarry sites up to 250 ft deep1, a 1.6-mile long conveyor belt, and a 22-foot
wide access road. An estimated 40 million tons of sand and gravel aggregate
would be produced over the life of the mine, primarily for use in local road
building and general construction.
(Amah Mutsun Tribal Band, Protect Juristac, “About”, 2022, Section 2, Paragraph 1), (County of
Santa Clara With Technical Assistance by: ESA, Draft Sargent Ranch Quarry Environmental
“The remaining 105 acres of the 403-acre Project site would be designated as a
“geotechnical setback area” that would buffer excavation areas from surrounding
uses and that could be used if needed to allow more slope layback to increase
slope stability or provide a buffer area in the case of unforeseen slope failure”
(County of Santa Clara With Technical Assistance by: ESA, Draft Sargent Ranch Quarry
● There are several alternative proposals, however, they are not being considered currently
alternative is a requirement for the Draft Environmental Impact Report, and the identified
alternative is the “No Project” alternative. However, Alternative 3 has been the environmentally
superior alternative if the project continues (County of Santa Clara With Technical Assistance
by: ESA, Draft Sargent Ranch Quarry Environmental Impact Report, July 2022, page 641,
(B) Arguments made for the Proposal: The quarry would mine for sand and gravel, which are
crucial resources in many different sectors of growth and development. Sand is a particularly
essential resource for making concrete and asphalt, which is used in roads, highways, homes,
buildings, and schools (Sargent Quarry, 2015-2021, Product, Paragraph 1-2). The project is
estimated to produce 36 million tons of mined sand and gravel in a 30-year period (County of
Santa Clara With Technical Assistance by: ESA, Draft Sargent Ranch Quarry Environmental
Impact Report, July 2022, Page S-3, Paragraph 5), which would be transported to projects in
5
both Santa Clara County and surrounding counties. Having an access point to concrete
necessities close to the county and the bay area would significantly decrease the cost of
aggregate since the principal cost of sand and gravel is transportation (Paul Noel, Advantages
and Disadvantages of Sand Mining, Posted 2019). The nearest sand and gravel mine to Santa
Clara County is the Lexington Quarry in Los Gatos, however, this quarry is currently in
reclamation (DMR All Mines, California State Geoportal, California Department of Technology,
May 2, 2020). The next active quarry is Graniterock Quail Hollow Quarry located in Felton,
which serves mainly Santa Cruz County. The other quarries in the area are not sufficient in
keeping up with the extreme demand for aggregate in Santa Clara, Santa Cruz, San Jose, the Bay
There are various benefits to having sand and gravel quarries in local areas, especially where the
alternative is to ship aggregate from Canada and other suppliers, which is growing excessively
more common due to booming development in the Bay area (Brown, K., The Mercury News,
“This is definitely a local Standing Rock”: Sargent Quarry, July 9th, 2019, Updated August 5th,
2019, Paragraph 10). Shipping not only accrues excess costs for projects but releases relatively
high emissions, contributing to greenhouse gases. In fact, having a quarry in Santa Clara County
is estimated to cut greenhouse gas emissions from shipping by two-thirds (Freeman V., Morgan
Hill Life, Sargent Ranch’s Quarry will be developed with environmental sensitivity, July 3, 2018,
Paragraph 5). With continuing trends in development from Santa Cruz to Santa Clara to the Bay
area, the amount of aggregate shipped from Canada and Southern California will continue to
grow exponentially if there is not an increased number of mines to support this demand in the
area. Cargo ships are the most common mode of transportation and are particularly harmful.
Running on fossil fuels, cargo ships make up for around 3% of all greenhouse gas emissions
6
(Yale Climate Connections, Maritime shipping causes more greenhouse gases than airlines,
August 2nd, 2021, Paragraph 2) and carry ballast water, which is fresh or salt water contained in
the cargo holds to provide stability. Ballast water that comes from areas far away from their
intended port can transport invasive species and carry harmful algae and pathogens (US
Ocean conservation is closely tied to quarry building in another way: if the quarries are
constructed on land, it keeps them from being built at sea, which is often the alternative when
supply is in demand. This type of submerged quarry does significant damage to ocean
ecosystems and is rarely researched or monitored to the extent that land-based quarries are.
Additionally, dredging under the ocean causes water pollution that is for the most part
unmitigable, and spreads quickly through ocean currents. Any pollutants released under the sea
become part of complex currents which carry them to a vast range of places having drastic
impacts on surrounding ecosystems. By contrast, with the quarry on land, it is much easier to
Besides the economic benefits of reduced transportation costs for local buyers, the Sargent
Ranch would require a steady number of workers throughout the 30-year period, most of which
would by necessity be coming from around Santa Clara and surrounding areas. Sargent Ranch
Partners LLC anticipates an estimated 2 dozen union jobs directly within the quarry (Brown, K.,
The Mercury News, “This is definitely a local Standing Rock”: Sargent Quarry, July 9th, 2019,
Updated August 5th, 2019, Paragraph 9), but employment doesn't end there. Quarries are able to
hire people in both the areas of mining and operations and the surrounding jobs outside the
“gates” of the quarry. These jobs can include the building of roadways to reach the mine/quarry,
the construction of new homes for mines/quarries and their families, and the businesses required
7
to service the families. The total workforce for a quarry can be visualized as the sum of the direct
workers (those involved in quarry management and operation), the indirect workers (those
contracted by quarry management), and the surrounding economy (those working in ways that
serve the indirect and direct workers)(Euromines, A Quick Guide to Socio-economic analysis of
a mining/quarrying project, 2016, Page 1). Therefore it can be anticipated that the quarry will
provide employment for well beyond 2 dozen, a significant benefit for the county economy and
workforce.
Having a quarry in the area would also generate sales tax and federal income tax for the local
government, in fact, Sargent Ranch Partners LLC claims that the project would generate more
than 3 million a year over the 30-year period in sales tax revenue (Brown, K., The Mercury
News, “This is definitely a local Standing Rock”: Sargent Quarry, July 9th, 2019, Updated
August 5th, 2019, Paragraph 9), revenue that contributes to a wide variety of programs, including
K–12 education, higher education, health programs, and criminal justice (Keirsten S., Legislative
Analysts Office, Understanding California’s Sale’s Tax, May 5th, 2015, Section Heading “Where
does the Money go?”). This revenue could provide a significant boost to the Santa Clara
Additionally, the project has gone through several reviews and adaptations to make it as
environmentally friendly as possible. The project itself intends to leave the majority of the ranch
untouched for conservation and tribal use, and the section that it would use would be subject to
extensive mitigation to minimize any adverse environmental effects. During the establishment of
the project site, the developer intends to leave a 300-foot buffer space for any occurring wildlife
dens or nests if possible. To avoid any interaction with species young, biological monitors are to
be set up across the site to observe and relay information about any wildlife that could be within
8
the construction zone/buffer area. To attempt to mitigate any effects on the migration patterns of
wildlife, the developer intends to leave a 20-inch gap between the bottom of any fencing and the
ground, and a maximum height of 40 inches to allow for the movement of wildlife through the
project site as unhindered as possible. Implemented throughout the project phases are qualified
historical significance of the site, and geotechnical engineers to monitor the stability of the land.
(County of Santa Clara With Technical Assistance by: ESA, Draft Sargent Ranch Quarry
Environmental Impact Report, July 2022, Pages s-10 through s-35). The Draft Environmental
Impact Report has covered a comprehensive list of potential adverse effects of the quarry, and
through work with qualified professionals has reduced the impacts of most of these to “less than
C) Arguments against the Proposal: The project takes place on land that is currently owned by
Sargent Ranch Partners LLC, however, it falls in an area that (before colonization) was owned
and protected by the Amah Mutsun Tribe. Over many years pre Spanish colonization, the Amah
Mutsun people stewarded and cared for the land, which they call Juristac, and it is a crucially
important ground for them. During the Spanish colonization, they were separated from their land
and could no longer care for it or participate in the countless rituals which had previously taken
place there. Although they did return to the land after the Missions were closed, a smallpox
epidemic (brought over with the European ships) quickly wiped out most of the tribes that
reinhabited the area, and European settlers pressured and pushed them out of the land to relocate
to smaller Ranchos around the area (Amah Mutsun Tribal Band Protect Juristac, “About”,
Section 3, Paragraphs 2-4, 2022). Ultimately, the land now legally owned by Sargent Ranch
Partners LLC was stolen from the Amah Mutsun people, and made extremely difficult to reclaim
9
due to years of colonization and cultural genocide. Currently, the Amah Mutsun tribe is
attempting to rekindle decades of lost culture and find historical and ceremonial sites particularly
important. However, tribal sites are dwindling in the continuous onslaught of the destruction of
tribal lands in the name of development. Valentin Lopez, head chairperson for the Amah Mutsun
tribe explains “When you look at our other ceremonial sites and our hunting, fishing, and
gathering places, the vast majority of these places have been lost to development, Juristac is one
of the very last remaining undisturbed areas.” (Amah Mutsun Tribal Band Protect Juristac,
“About”, Section 3, Paragraphs 2-4, 2022). Even with the intended rehabilitation efforts, once
used and changed by a quarry, there is no going back to the sacred land that it was before. The
Amah Mutsun people preserve land rather than building churches or mosques, so the destruction
of the land would do significant and irreparable damage to religious grounds. (Brown, K., The
Mercury News, “This is definitely a local Standing Rock”: Sargent Quarry, July 9th, 2019,
Updated August 5th, 2019, Paragraphs 26-29). With this context, it would seem like a
straightforward decision to preserve this historically and religiously significant land, but because
it is not a widespread practice across Eurocentric cultures to preserve the land as a religious and
protected ground, those arguing for the proposition can dismiss the significance of this site by
applying eurocentric standards of “value” to the sacred land, diminishing its perceived
importance.
Destructive is an understatement for the effects this project would have on the land it sits on.
Juristac, along with Coyote Valley which lies 25 miles to the North, is the only viable path for
animals to migrate in and out of the Santa Cruz Mountains, as it acts as a critical wildlife
corridor (Green Foothills Foundation, Juristac (Sargent Ranch), 2022, Paragraph 3). Many
animals, including striped skunks, gray foxes, bobcats, cougars, wild pigs, and black-tailed deer
10
all use Juristac as a movement corridor on large and small-scale migrations (Hopkins R.,
Peterson P., Jennings M., Cline G., Live Oak Associates LLC., Biotic Evaluation Sargent Ranch
Quarry, March 12, 2015 (Revised August 15, 2017), Page 33, Paragraph 1). The primary concern
is that when animals can’t migrate from place to place, they can be deprived of necessary feeding
grounds, and safe places to breed, and can become isolated from necessary larger groups of the
same species. Migratory routes “[maximize] survival and reproductive success through the
utilization of key habitats, food sources and breeding grounds and/or the avoidance of adverse
environmental conditions” (Lennox, R. J., Chapman, J. M., Souliere, C. M., Tudorache, C.,
Wikelski, M., Metcalfe, J. D., & Cooke, S. J. (2016). Conservation physiology of animal
migration, Paragraph 2). Mountain lions in particular could be affected by the loss of this
migratory path. With their numbers already dwindling, it is necessary for mountain lions to move
through the area, if they cannot, the risk of genetic invariability (inbreeding) becomes extremely
high (Kaufman, A., Green Foothills, August 24, 2022, Bay Area Amah Mutsun tribe says quarry
proposal threatens sacred site in Santa Clara County, Paragraph 8). Genetic invariability can lead
to fatal embryonic mutations, but also makes species much more susceptible to disease and
As Commoner states in The Closing Circle “Each living species is also linked to many others”
(Barry Commoner, The Closing Circle, Page 32, Paragraph 2). This describes a phenomenon
known as trophic cascade or the complex trickle-down effect that one change in an ecosystem
can have on a vast array of other species of plant and animal. These links are usually extremely
fragile and complex, and disruptions often cause permanent and extensive damage. So any effect
that the quarry could have on one species would not only affect the species in question but likely
mentioned, migratory links are “shown to increase ecosystem resilience by providing sources for
reorganization after disturbance” (S. Bauer and B. J. Hoye, April 4th, 2014, Migratory Animals
Couple Biodiversity and Ecosystem Functioning Worldwide, Main Body, Paragraph 29),
meaning that the quarry would not only cause issues for this animals but also decrease their
ability to recover after the 30-year plan was over. The Draft Environmental Impact Report for the
project lists its effects on animal movement as ‘Significant and Unimitigatable’, meaning that
even mitigation efforts would not be able to prevent or resolve the issue.
There are a few listed species of particular concern in the area of the quarry. These species have
either low populations, limited distributions, or both. These species may be considered “rare”
and are vulnerable to deracination (complete uproot geographically as a result of human activity)
as the habitats these species occupy are converted to agricultural and urban uses, and are listed as
“special status species” by the California Department of Fish and Wildlife (CDFW). These
include the California red-legged frog, the California tiger salamander, and the California
burrowing owl among others (Hopkins R., Peterson P., Jennings M., Cline G., Live Oak
Associates LLC., Biotic Evaluation Sargent Ranch Quarry, March 12, 2015 (Revised August 15,
2017), Page 37, Section 2.3). The complete list as indicated by the Draft Environmental Impact
Report is as follows:
Impacts on the following special-status species and/or their habitat: special-status plant
species, special-status fish, California red-legged frogs (CRLF), California tiger
salamanders (CTS), western pond turtles, burrowing owls, tricolored blackbirds, raptors
and other protected birds, special-status bats, mountain lions, San Francisco dusky-footed
woodrats, American badgers; adverse effects on jurisdictional wetlands and other waters;
and conflicts with County ordinances and policies intended to protect biological
resources, including oak woodlands.
(County of Santa Clara With Technical Assistance by: ESA, Draft Sargent Ranch Quarry
Environmental Impact Report, July 2022, page s-6/14, Section S.2.3). The quarry would have
12
significant effects on the habitats of these species, which could subject them to endangerment
and/or extinction. Despite any mitigation measures, it is unlikely that the quarry will not have a
significant and long-lasting impact on the sustainable ecology of the site and surrounding areas
and species.
effects, alternatives, and mitigation measures for projects proposed for approval” (City
Clerks Office 2022) specifically to evaluate and analyze the environmental impacts of the
Sargent Ranch Quarry, The source is reliable and particularly the Ecological Society of
America is well respected. This source does not cite any other sources, however, it is
largely a scientific research paper and therefore most of the information is the intellectual
property of the writers. This report is unbiased and reliable because it is not sponsored by
any interested parties and is obliged to be objective.
County of Santa Clara Department of Planning and Development. (09/29/2022) Sargent Ranch
Quarry, Retrieved 10/12/2022 from
https://plandev.sccgov.org/policies-programs/smara/sargent
Donato-Weinstein N. (January 27th, 2016) After Foreclosure, new plan for 6,400 acre Sargent
Ranch south of Gilroy, Silicon Valley Business Journal, Retrieved 10/12/2022 from:
https://www.bizjournals.com/sanjose/news/2016/01/27/after-foreclosure-new-plan-for-6-
400-acre-sargent.html
European Association of Mining Industries, Metal Ores & Industrial Minerals, 2016, A Quick
Guide to Socio-economic analysis of a mining/ quarrying project, Retrieved 11/27/2022
from: https://www.euromines.org/files/quick_guide_socio.pdf
Green Foothills Foundation, 2022, Juristac (Sargent Ranch), Retrieved 11/16/2022 from:
https://www.greenfoothills.org/campaigns/juristac/
Hopkins R., Peterson P., Jennings M., Cline G., Live Oak Associates LLC., March 12, 2015
(Revised August 15, 2017), Biotic Evaluation Sargent Ranch Quarry, Retrieved
11/17/2022 from:
https://stgenpln.blob.core.windows.net/document/10747_SargentRanch_Report_Biotic_U
pdated.pdf
Evaluative Annotation (4): The primary purpose of the text is to evaluate the impacts the
project would have on surrounding species and ecological systems. The source is
considerably respected and reliable. The text does not require outside citations as it was
the product of independent research. It does not show bias, however, it is important to
consider the context that the research was contracted and Live Oak Associates is a
business. Even so, the source is relatively reliable and the publishers are all well-qualified
in their respective fields.
Keirsten S., Legislative Analysts Office, 05/05/2015, Understanding California’s Sale’s Tax,
Retrieved 11/28/2022 from:
https://lao.ca.gov/reports/2015/finance/sales-tax/understanding-sales-tax-050615.aspx#:~
:text=State%20Rates%20for%20State%20Programs&text=This%20revenue%20pays%2
0for%20a,health%20programs%2C%20and%20criminal%20justice
Kaufman A., Green Foothills, ABC News, (09/24/2022), Bay Area Amah Mutsun tribe says
quarry proposal threatens sacred site in Santa Clara Co., Retrieved 11/29/2022 from:
https://abc7news.com/amah-mutsun-tribe-juristac-santa-clara-county-sargent-ranch-quarr
y-project-indigenous-land/12162668/
14
Lennox, R. J., Chapman, J. M., Souliere, C. M., Tudorache, C., Wikelski, M., Metcalfe, J. D., &
Cooke, S. J. (2016). Conservation physiology of animal migration. Conservation
Physiology, 4(1), cov072. Retrieved 11/18/2022 from:
https://doi.org/10.1093/conphys/cov072
Evaluative Annotation (5): The primary thesis for this source is to “help to provide better
understanding, management, and conservation of migratory populations” by answering a
broad series of questions about the physiology and ecology of migratory animals. The
source, Oxford Academic, is reliable, as the works it displays have been under many
rounds of peer review. The source cites other sources extensively when necessary, pulling
on a large variety of other academic papers. It does not show bias, and is a reliable source
since it is a scientific analysis without any subjective material included.
Moore M. (07/22/2022) Report Identifies “significant” impacts from proposed Sargent Mine,
Santa Clara County Planners released Draft EIR for 403-Acre Project, Gilroy Dispatch.
Retrieved 10/10/2022 from:
https://gilroydispatch.com/report-identifies-significant-impacts-from-proposed-sargent-m
ine/
Paul Noel (Posted 2019) Advantages and Disadvantages of Sand Mining, Retrieved by Neil
Schaefer 10/29/2022 from:
https://www.quora.com/What-are-the-advantages-and-disadvantages-of-sand-mining
Sargent Quarry (2016-2022) Project. Retrieved from Web Archive “Wayback Machine” 2022:
https://web.archive.org/web/20220831044753/https://www.sargentquarry.net/project/
Evaluative Annotation (6): The general purpose of this webpage is to present and market
the Sargent Ranch Quarry in a way that would warrant approval. The publisher does not
have any credentials as to whether they are reliable or not. The source does not cite
outside sources however the material they are presenting is essentially their own. This
source does show bias, as it has a motive and a stance it wants the consumer to take.
S. Bauer and B. J. Hoye (4/4/2014) Migratory Animals Couple Biodiversity and Ecosystem
Functioning Worldwide, Retrieved 11/21/2022 from:
https://www.science.org/doi/10.1126/science.1242552
US Department of Agriculture, 2022, Invasive Species by Resource, Subject or Type, Ballast
Water, Retrieved 11/28/2022 from:
https://www.invasivespeciesinfo.gov/subject/ballast-water#:~:text=Ballast%20water%20i
s%20fresh%20or,required%20due%20to%20rough%20seas.
Weinstock C., 12/05/2022, Ownership of Sargent Ranch 2010-2022, Retrieved 12/05/2022 from:
https://docs.google.com/document/d/e/2PACX-1vS4BXfWEVgxfO2VTWP0uulVxP06v
TstbM4YfoZu8VHWNrVUcssD8UgZo6sNvHt012SWHu9B4ks8cY2W/pub
Yale Climate Connections, (09/02/2021), Maritime shipping causes more greenhouse gases than
airlines, Retrieved 11/29/2022 from:
https://yaleclimateconnections.org/2021/08/maritime-shipping-causes-more-greenhouse-g
ases-than-airlines/