Help Us Finish the Fight: CEMEX Appeal Fund

Since the closure of CEMEX's Dowe Flats Mine in September 2022, Good Neighbors of Lyons and Save Our Saint Vrain Valley fought to hold CEMEX accountable for more than doubling heavy truck traffic on Highway 66 - a clear violation of CEMEX's Nonconforming Use that is flooding a small mountain community with hundreds of diesel trucks per day while our air quality suffered and our roads deteriorated.

In April 2024, Boulder County agreed with us. Their Planning Director issued a formal determination that CEMEX had lost its nonconforming/grandfathered operating status by dramatically intensifying its operations.

Then, on May 19, 2026 - eight days after the state of Colorado fined CEMEX $855,000 for air quality violations - Boulder County reversed its decision. The Director's entire merits finding was a single sentence: "The evidence shows that there was no significant increase in truck traffic to and from the property since the closure of the Dowe Flats quarry, compared with 1994 traffic." The actual 1994 truck count was 37 daily trips. By CEMEX's own traffic study - which our legal team believes significantly undercounts reality - that number is now 303.

Under Boulder County's own Land Use Code, the burden of proof was on CEMEX - not the community - to demonstrate that its operations hadn't changed. Our attorney described the reversal as legally perplexing.

We are appealing to the Boulder County Board of Adjustment. We filed our appeal, and a public hearing will follow (tentatively scheduled for November 4, 2026). If we prevail, we go back to court. If we don't, CEMEX effectively has permanent, unchallenged license to operate. Forever. We deserve better.

This fight has largely been funded by a small group of neighbors. Now the road ahead, which includes the Board of Adjustment, and potentially District Court, is longer and more expensive than any of us can carry alone. We need your help.

The ask is simple: $26 a month from June through December 2026. That's one coffee a week. If 500 of you join us, we can see this through.

Your donation goes directly to legal fees for the Board of Adjustment appeal, managed through Save Our Saint Vrain Valley, a Colorado 501(c)3 nonprofit. Every dollar stays in this fight.

We are small. We are volunteer-run. And it is remarkable what a few dedicated people can accomplish when a community stands behind them.

Please give what you can — and share this with anyone who cares about clean air, safe roads, and accountable government in Boulder County.

Update: October 3, 2026

CEMEX recently announced layoffs at the Lyons plant and has implied it will operate the site as a cement terminal going forward. We don't have clarity on whether the kiln will keep running or what the long-term plan is, and we're still working out what it means.

The appeal still matters because it's tied to a specific point in time. We have a limited window to challenge the County's decision, and if we drop the appeal now, we lose the option to fight it. If CEMEX changes course and ramps operations back up, we'd have no recourse. We've worked too hard to give up our rights while the facts are still unclear.

The hearing is currently set for November 4. We've asked to postpone it, so the date may change, but the appeal stays in place. We'll post updates here as we learn more.

CEMEX / Boulder County Appeal

Help Us Finish the Fight: CEMEX Appeal Fund