Timeline of Events

1969

Lyons Plant Built

  • The Lyons Cement Plant is built and operations begin.

1994

Boulder County Land Use Code Adopted

  • The Lyons Cement Plant was granted non-conforming, or grandfathered, status because of its pre-existing operations.

Dowe Flats Mine Opened

  • Limestone and Shale began being extracted and transported across Highway 66 to the Lyons Plant via a conveyor belt.

1997-2000

Lyons Plant Expansion 

  • $10.3 million expansion project (1997 dollars) undertaken

  • The EPA classified the largely un-permitted expansion project a ‘major modification’, which led to increased emissions of pollutants like sulfur dioxide, nitrogen oxides, and particulate matter.

2000

CEMEX acquires the Lyons facility from Southdown Inc.

2007

Department of Justice and EPA Lawsuit Against CEMEX

  • The $10.3 million expansion project was done without appropriate federal, state or county building permits. 

  • EPA lawsuit stated that these were “major modifications” and that CEMEX was in violation of air quality standards set forth by the Clean Air Act.

  • Federal EPA Lawsuit filed 2007, settled in 2013 for $1M+ & agreement to install Pollution Controls.

  • State of Colorado filed action in 2006, settled in 2009 for ~$600K and air quality improvements.

  • There is no known Boulder County action or settlement.

2022: May

Application to Extend Mining at Dowe Flats for 15 Years

  • CEMEX submits an application co-signed/sponsored by Boulder County Parks and Open Space, to extend its mining operations at Dowe Flats for an additional 15 years. CEMEX agrees to gift the County ~$15M (via land, cash, and other mechanisms) for their support.

  • The community and Good Neighbors of Lyons rally to object to the application, citing environmental concerns and noncompliance with the Special Use Permit criteria.

2022: September

Application to Extend Mining at Dowe Flats for 15 Years Denied

  • After months of public hearings and community input, the application to extend mining at Dowe Flats is officially denied by the Boulder County Commissioners.

2022: October

Closure of Dowe Flats Mine

  • Dowe Flats landfill site closes, resulting in a doubling of truck traffic for the Lyons Plant (this is confirmed in CDOT Traffic Engineering Study submitted in August 2023).

2022: December

Complaint Filed with CDOT

  • Good Neighbors filed a complaint regarding increased truck traffic.

2023: January

Complaints filed with Boulder County Community Planning and Permitting 

  • Good Neighbors filed complaints regarding increased trucking, enlargements that should terminate the plant’s non-conforming status, and increased stockpiles/grading on the site. Should the County decide to terminate CEMEX’s non-conforming status, we will need the local community to engage in the public process to follow.

Complaints filed with the Colorado Division of Reclamation, Mining, and Safety (DRMS)

  • Good Neighbors filed complaints regarding increased truck traffic, changes to the reclamation plan that we believe should have required an amendment, and an insufficient reclamation bond.

Complaints filed with the Colorado Division of Public Health and Environment (CDPHE)

  • Good Neighbors filed complaints regarding CEMEX’s expired Title V Operating permit, increased trucking (and related increased air pollution), and continued accounts of fugitive dust incidents. (Public process for renewal was announced on October 12, 2023.)

2023: July

CDPHE Settles with CEMEX for Violations from 2020-2021

  • CEMEX agreed to pay a fine of 357k fine for air quality violations that occurred between April 2020 and May 2021.

  • There is an on-going investigation regarding incidents from June 2021 onward; more recorded violations and an additional settlement are expected.

2023: August

CDOT Traffic Study Completed

  • CEMEX submits a traffic study to CDOT confirming a 100% increase in truck traffic.

DRMS Bond Recalculation Submitted by CEMEX

  • CEMEX submitted a new bond calculation of ~$14M + the cost of asbestos abatement.

  • Good Neighbors issued a detailed rebuttal regarding its insufficiency.

Air Quality Control Commission (AQCC) Makes Determination on CEMEX’s GEMM Targets

  • CEMEX reduce its emissions intensity rate by 7.77% under the GEMM program. Originally, a 10.68% reduction was proposed, but after CEMEX counter-offered a mere 0.97% decrease, a compromise was reached. CEMEX must submit an action plan by December 2023 and the next audit is set for December 31, 2027.

2023: September

New CDOT Access Control Plan

  • CEMEX receives a permit update requiring left-turn restrictions on Highway 66 for safety reasons.

Boulder County Announces 6-Month Moratorium on New Applications for Development in High Intensity Zoning Districts Near Lyons (9.5.2023)

  • Should Boulder County recommend down-zoning for any properties, it will initiate a public process that begins with the Boulder County Planning Commission and ends with a vote by the Boulder County Commissioners. Community input will be vitally important.

2023: October

Public Notice Sent re: CEMEX’s Title V Operating Permit Renewal - A public hearing before the AQCC was held on Fri., January 5, 2024 at 4pm

  • A Title V permit is a comprehensive operating permit issued under the Title V of the Clean Air Act, which is administered by the EPA and CDPHE. Title V permits are required for "major sources" of air pollution, which are facilities that have the potential to emit significant quantities of air pollutants. The objective of Title V permits is to improve compliance with the Clean Air Act by clarifying what facilities must do to control air pollution, thereby making it easier for regulators, the public, and facility operators to understand and enforce these requirements.

2024: March

As part of a bigger comprehensive rezoning initiative, the Boulder County Commissioners voted to rezone CEMEX’s General Industrial parcel to Agricultural Zoning.

2024: April

Boulder County issued a Notice of Termination to CEMEX on April 10, 2024

  • The County has 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, however, has 30 days to provide evidence that the director’s determination was incorrect, reduce the enlargement of the cement plant use, or appeal the determination to the Boulder County Board of County Commissioners. CEMEX will be able to operate its cement plant under current operating conditions until a final determination is made. Given the recent rezoning of CEMEX’s parcel to agricultural zoning, Director Dale Case indicated that, under County Regulations, CEMEX would NOT be able to apply for a Special Use permit in order to potentially continue operations.

  • This decision is a result of the complaint and investigation initiated by Good Neighbors of Lyons in January 2023, and supported by a petition signed many County residents, as well as a letter signed by the mayors and many other elected officials in nearly every Boulder County municipality. While this is not exactly the end, this is the cruicial decision that we have been waiting on.

2024: May

CDPHE Fines CEMEX $1.39 Million for 2022 Air Quality Violations. Read More

CEMEX Responds to Boulder County’s Notice of Termination on May 9, 2024 asserting that the County made an error in its determination. Read More

2024: November

After many delay tactics, CEMEX finally provided ‘evidence’ of the County’s error. We are now waiting on a new determination from the County.

Should the County uphold their termination, CEMEX has indicated they will appeal to the County Commissioners. A public hearing for that would likely occur in Spring 2025.