Process variability tolerant hard mask for replacement metal gate finFET devices

Embodiments include a method comprising depositing a hard mask layer over a first layer, the hard mask layer including; lower hard mask layer, hard mask stop layer, and upper hard mask. The hard mask layer and the first layer are patterned and a spacer deposited on the patterned sidewall. The upper hard mask layer and top portion of the spacer are removed by selective etching with respect to the hard mask stop layer, the remaining spacer material extending to a first predetermined position on the sidewall. The hard mask stop layer is removed by selective etching with respect to the lower hard mask layer and spacer. The first hard mask layer and top portion of the spacer are removed by selectively etching the lower hard mask layer and the spacer with respect to the first layer, the remaining spacer material extending to a second predetermined position on the sidewall.