News Archive

April 10, 2024

Notice of Termination Issued to CEMEX Cement Plant in Lyons

Boulder County determines CEMEX cement plant expanded its operations

Boulder County, Colo. - On April 10, Boulder County Community Planning and Permitting Director Dale Case sent a letter to CEMEX, Inc., terminating the company’s right to operate its cement plant near Lyons.

A traffic study has determined that increased traffic at the plant has a created a hazard, which improperly expanded the use of the cement plant.

“Boulder County has today issued a termination notice to CEMEX, Inc. requiring the company to cease operations at their Lyons cement plant,” said Community Planning and Permitting Director Dale Case. “After a thorough investigation, we have determined that additional traffic at the plant has expanded CEMEX operations.”

The plant has been in operation since 1965, but, in 1994, Boulder County amended its Land Use Code to require Special Use approval for these types of operations. As a result, the cement plant became a nonconforming use. Under the county’s land use code, uses that do not conform with the code are allowed to continue, but they generally cannot be expanded or altered.

CEMEX 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.

Traffic Study

Since 1977, two quarries were used to support the use of the cement plant. Since that time, both quarries have closed. Most recently, mining use of the Dowe Flats Quarry expired in 2022. After that quarry closed, the county began receiving complaints from area residents that the use of the cement plant had intensified, including increased truck traffic to and from the plant.

The Colorado Department of Transportation (CDOT) required CEMEX to conduct a traffic study. The study demonstrated that a more intensive level of truck traffic occurred at the cement plant since the closure of the Dowe Flats Quarry. As a result of the study, CDOT determined that vehicles could no longer turn left from the cement plant’s drive onto State Highway 66. CDOT will likely require CEMEX to make alterations to prevent this left turn.

Reviewing the traffic study and other information, the Community Planning and Permitting Director determined that the additional traffic has created a hazard and intensified the use of the CEMEX property. As a result, the director issued a notice of termination.