LYONS, Colo. — Boulder County Community Planning & Permitting on Wednesday terminated CEMEX's right to operate its cement plant near Lyons, citing a hazardous increase in traffic.
In a letter to the company, Boulder County Community Planning & Permitting Director Dale Case said there was a 116% increase in traffic following the 2022 closure of the Dowe Flats Quarry.
The Colorado Department of Transportation (CDOT) began an investigation in December 2022 after receiving complaints from the community.
In a traffic study, CDOT compared CEMEX's average daily trips (ADTs) in June 2022 when the quarry was operational to ADTs in June 2023 after the quarry was closed. According to the department, the plant saw 593 ADTs in June 2022. That number jumped to 1,283 ADTs the following year.
County officials determined the increase in traffic was an improper expansion of the plant and created a hazard.
The plant has been in operation since 1965. Boulder County officials said the company's land use code was amended in 1994 to require "special use" approval for its operations. With the special use change, the cement plant became a "nonconforming use," meaning the plant could continue operating but could not expand or alter its operations, according to the county.
Due to the increased traffic, CDOT said it would no longer allow vehicles to turn left out of the CEMEX driveway onto State Highway 66. The department said it would "likely" require the company to alter the roadway to prevent the left turn.
The company has 30 days to respond to the termination. CEMEX can either show that the director's determination was incorrect, reduce its operations or file an appeal to the Boulder County Board of County Commissioners.
Boulder County said CEMEX can continue operating at current conditions until a final determination is made.
In a statement, CEMEX said it is reviewing the notice and plans to continue operating under current conditions.
"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," the statement reads.
Full 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.”