Boulder County seeks to terminate cement plant’s operations near Lyons
DENVER (KDVR) — Boulder County moved Wednesday to terminate Cemex’s right to operate its cement plant near Lyons, finding the company improperly expanded its use.
Dale Case, Boulder County Community Planning and Permitting director, sent a notice to the company on Wednesday, according to a release from the county. Case pointed to the significant traffic increase as the reasoning for terminating the company’s operations at that site.
“The increased level of traffic has created an intensity of use that was noticeable enough for members of the public to file complaints with both Boulder County and CDOT (Colorado Department of Transportation), will require new traffic construction and infrastructure to address the traffic hazard created by the significant increase in trucks entering and exiting the Property, and will require a new access permit from the State of Colorado,” Case’s letter stated.
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Following the notice, Cemex issued this statement:
Cemex is reviewing the notice issued by Boulder County’s Director of Community Planning & Permitting regarding the land use status of our Lyons Cement Plant and will respond within the next 30 days. Cemex will continue to operate the plant under current operating conditions, producing high-quality cement without disruption to our hard-working employees or our valued customers.
The cement produced at the Lyons Plant by our more than 100 employees, including employees represented by the International Union of Operating Engineers, is a vital construction material for building homes, roads, hospitals, businesses, schools and other infrastructure projects that improve safety, mobility and quality of life in Boulder County and throughout Colorado.”
Maryssa Silva, external communicatins manager for Cemex US
The plant has been in operation since 1965, but Boulder County amended its land use code in 1994 to require special use approval for an open mining use at the Dowe Flats Quarry.
The special use approval for the quarry expired on Sept. 30, 2022, according to the county, and all mining operations stopped there. Since then, Boulder County has received “multiple complaints” alleging the cement plant is nonconforming to the county code and that traffic is congested in the area, according to the letter.
Cemex is a global company with 10 U.S. cement plants. The company has been widely criticized for pollution and has been listed as one of the top 100 polluters in the U.S. in previous years.
Opponents of the Lyons plant have pointed to data such as the U.S. Environmental Protection Agency’s company reports. The agency reported that in 2022, the Lyons plant emitted 320,928 metric tons of greenhouse gas emissions.
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Community Planning and Permitting staff have investigated, according to Case’s letter to Cemex, and at this time there is insufficient evidence that the site’s use has been enlarged or altered because of new or larger stockpiles of shale and other materials, alterations and modifications to the facility, increases in production capacity or increases in air pollution.
However, the Colorado Department of Transportation required Cemex to provide an updated traffic study after complaints from the public. The study showed that there’s been a “more intensive level of truck traffic since the quarry closure,” according to the letter.
In June 2022, the cement plant had 593 daily trips on average. In June 2023, that number rose to 1,238 truck trips per day.
As a result, CDOT has determined it is unsafe for traffic to turn left from the plant onto Highway 66. Those vehicles are now required to turn right. According to Boulder County officials, CDOT will likely require Cemex to alter the area to prevent left turns.
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Now Cemex has 30 days to prove the director’s determination was incorrect, reduce the enlargement of the cement plant use or appeal the determination to the Boulder County Board of Commissioners.
Cemex will operate its current cement plant under the existing operating conditions until a final determination is made.
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