Boulder County officials delivered a clear directive last spring on the future of the economically vital but highly polluting Cemex cement plant in Lyons: Shut it down.
The county鈥檚 planning director Dale Case because the county believes Cemex is no longer following the conditions of its nonconforming use permit.
Six months later, Cemex is still pumping out cement for buildings and roads, and neighbors claim the company is still pumping carbon dioxide into the skies at the rate of 300,000 tons a year and dust storms into surrounding communities on a regular basis.
No resolution will come until 2025 at the earliest, those neighbors now add. The county is not expected to issue a decision on Cemex鈥檚 closure appeal until December. Cemex is likely to appeal any negative action in December, kicking it to the full county commission for an early 2025 hearing and vote.
鈥淐emex is maximizing their cash flow by delaying as long as possible, while substantial fugitive dust events occur regularly,鈥� said Sarah Lorang, one of the leaders of a community coalition that has won surprising victories in fighting the company鈥檚 operations. 鈥淢any community members are frustrated by the seemingly unnecessary delays initiated by Cemex, and their disregard for public health and safety.鈥�
Neighbors have documented 70-plus 鈥渇ugitive鈥� dust events 鈥� dust storms sweeping off the property into nearby neighborhoods 鈥� since May, Lorang said.
The neighborhood advocates, who are filing complaints and objections to Cemex operations on multiple fronts at various regulatory agencies, did manage to force a major increase in Cemex鈥檚 reclamation bond for the kiln property and a former quarry on the site.
Lorang, who researches and files objections for the nonprofit Good Neighbors of Lyons, first complained about underfunded land reclamation bonds for Cemex to the state Division of Mining, Reclamation and Safety in January 2023. The state鈥檚 review resulted in an increase of Cemex鈥檚 reclamation bond to $21 million from $8.9 million.
Neighbors believe the much higher bond is still vastly inadequate for eventually cleaning up decades of potential chemical contamination and environmental damage, and Lorang filed an 18-page rebuttal detailing costly potential problems.
鈥淚 would like to see it funded to a minimum of $30 million, but believe the actual cost to reclaim is likely significantly more, $60 million or more,鈥� Lorang said, in an email interview. State officials at multiple agencies are going too easy on Cemex, she said.
Mine reclamation officials 鈥渨ould have happily accepted Cemex鈥檚 $11 million bond proposal 鈥榬ecalculation鈥� had we not intervened,鈥� Lorang said.
If Boulder County succeeds in shutting down the cement kiln and reclamation of the site begins, Lorang said, there will be unpleasant surprises.
鈥淭here is 30 years of totally unregulated waste burial at the plant,鈥� from before the Cemex acquisition, she said, 鈥渟o we don鈥檛 have any idea what the real environmental damage is, but it鈥檚 likely very significant.鈥� Asbestos in buildings alone could cost $20 million or more in mitigation, based on costs at similar industrial areas, the neighbors say.
Cemex responded to the bonding issues in a statement: 鈥淐emex regularly works with the Colorado Division of Reclamation, Mining & Safety, the regulatory authority that oversees reclamation bonds. We have recently worked with the DRMS to update reclamation amounts and provide updates.鈥�
Cemex had posted a separate, multimillion dollar reclamation bond for the now-closed Dowe Flats mining site on the north side of Colorado 66, and reclamation work has begun, Lorang said.
Cemex gained time for its appeal of the Boulder County shutdown order by filing an extensive open records request with county officials. The county finished responding to that in late September, spokesman Richard Hackett said. The deadline for Cemex鈥檚 full appeal is Nov. 8, Hackett said, and the planning office will then begin a review.
Asked to comment on the appeals process, Cemex external communications manager Maryssa Silva said, 鈥淲e continue to work with Boulder County Community Planning & Permitting and do not have an update to share at this time. We remain committed to serving the community and providing high-quality materials essential to infrastructure and urban development throughout the state.鈥�
Despite their frustrations, community members are still much further along in the Cemex battle than they鈥檇 envisioned a couple of years ago. Their campaign began by fighting a proposed deal between county open space and Cemex to trade surrounding park land for a county extension of Cemex鈥檚 materials mining privileges, across the highway from the cement kiln.
The county commissioners eventually nixed the deal, and the Cemex mine closed. When the company had to truck in materials from long distances, neighbors launched a campaign saying the new traffic, noise and dust violated Cemex鈥檚 other county permits. A county review of the changed operations and Cemex鈥檚 own traffic study eventually led to officials moving to revoke Cemex鈥檚 special land use permit.
In addition to pushing mine reclamation officials, neighbors
Colorado air pollution control officials in May fined the cement plant another $1.3 million for fugitive dust and emissions in the growing area of Boulder County.
State inspectors flagged 2021 violations with a $357,000 fine last year. They found similar violations during inspections in 2022 and 2023; the $1.3 million penalty is those violations, and the state is ordering Cemex to 鈥渢ake quick actions to reduce air pollution and improve compliance.鈥�
Michael Booth is a reporter for The Colorado Sun. His work frequently appears on-air at 萝莉少女 91.5 FM and online at 萝莉少女.org. Contact Michael at booth@coloradosun.com.
