Howdy, Neighbor!

CEMEX’s APPLICATION TO EXTEND MINING AT DOWE FLATS FOR 15 YEARS WAS DENIED

GNL and the Town of Lyons advocated for a more balanced 5-year extension with a compromise that would have allowed all stakeholders in the community to benefit. Unfortunately, CEMEX chose not to engage or entertain a compromise. The community tried to negotiate solutions that consider both environmental safety and job security for CEMEX employees. CEMEX had opportunities to submit a new mining application with the necessary environmental impact studies, or to appeal the Boulder County Commissioners’ decision to deny their mining extension. They opted against these actions, despite their public acknowledgement of the safety risks their alterations and enlargements would bring to the local community should their mine close.

CDPHE FINE OF $357,000

CEMEX was issued a $357k fine resulting from their 2021 annual inspection; public complaints and evidence of infractions played critical role in a fine of this significance.

GNL FILED COMPLAINTS WITH CDOT IN DEC 2022; CEMEX’S NEW TRUCKING REQUIRES A NEW ACCESS PERMIT

A permanent traffic increase of 20% or more requires a new access permit. CEMEX commissioned and a paid for a traffic engineering study as part of this permit; GNL then shared that study with Boulder County as evidence of an enlargement to terminate its nonconforming use (Aug 2023).

CEMEX’s RECLAMATION BOND INCREASED FROM $8.9 M TO ~$22 M

This process is still on-going, but the very underfunded and outdated bond was previously set at $8.9M, and GNL has worked with DRMS to increase the funded bond to about $22M. Our goal is to have it funded to at least $30M, but believe the true cost to clean up CEMEX’s land is likely much more.

BOULDER COUNTY ISSUED A NOTICE OF TERMINATION FOR CEMEX’S OPERATIONS BASED ON AN INVESTIGATION INITIATED BY GNL

The County determined that the increased traffic at the plant created a hazard, which improperly expanded the use of the cement plant. Subsequently, a Notice of Termination was issued, which ceases the plant’s right to operate. CEMEX is able to continue operations throughout any appeals

CDPHE FINE OF $1.392 Million

CEMEX was issued a $1.39 million fine resulting from violations in their 2022 annual inspection; public complaints and evidence of infractions played critical role in a fine of this significance.