What We Want

Compliance

CEMEX has violated the Boulder County Land Use Code on multiple fronts and needs its Nonconforming Use TERMINATED.

Update: CEMEX’s Notice of Termination was rescinded by Boulder County on May 19, 2026. We are appealing this decision.

Stated Reason for the Rescission: “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 Undisputed Facts:

1994 Truck Traffic Data: ~37 ADTs (Average Daily Trips) [Publicly available data from CDPHE and Boulder County Health in the County’s case file.]

2023 Truck Traffic Data: ~303 ADTs [Traffic data provided by CEMEX in the County’s case file. We believe the actual number is much higher and have data to support it, but CEMEX’s own admission still proves our point.]

CEMEX is in regular violation of the Clean Air Act (25+ consecutive years!), despite largely being held to standards from the 1960s. We want them held to a better standard, and we want them compliant.

Update: Since 2022, CEMEX has received four consecutive enforcement actions from the Colorado Department of Public Health and Environment, resulting in nearly $3.5 million in cumulative fines — including an $855,000 consent order signed in May 2026. The violations have included excessive opacity emissions, failed air quality monitoring, and fugitive dust events. The fines keep coming. The pattern hasn't changed.

CEMEX’s $8.9 M reclamation bond, hasn’t been materially updated in 20 years. If CEMEX were to abandon the property (which happens frequently at old industrial properties), tax payers would have to pay for the extensive environmental clean up that is likely $30-40 Million. We want their bond current, which is required.

Update: This is still on-going, but we have successfully raised the required bond to ~$22 Million thus far.

Simply put, we want compliance or closure.