There are many who cherish the agricultural open space and recreational opportunities in Hygiene & Lyons. Many are still unaware that there have been four industrial proposals in the area by mining behemoths in the last five years, collectively and individually, threatening to spot zone this valley– the least developed river valley in the Front Range, into an industrial wasteland. SOSVV, Inc forme
d in the Spring 2017, inspired by Martin Marietta Materials January 2017 site-plan approval and expectation to commence deep pit gravel mining of ~800 acres based on a Special Use, SU, permit from last century in the geologically unique St. Marietta's Special Use had been issued to their predecessors in interest over two decades ago in 1997-98. Upon learning of Marietta and Land Use plans to gravel mine hundreds of acres, SOSVV asserted that SU 96-18 had expired based on the Five Year Lapse provision in the Boulder Land Use Code. In 2017 Boulder County had never applied the Five Year Lapse provision, promulgated in the 1980’s, to any SU. SOSVV appealed Director Case's determination to the Board of Adjustment, BOA. Our attorneys persuaded 3/5 BOA judges, but a supreme majority was required to overturn the Land Use Director's determination. SOSVV appealed to District Court and ultimately to CO Court of Appeals, whose three judges agreed unanimously with SOSVV and overruled the Director's determination. Marietta then appealed that decision to the CO Supreme Court, who also agreed with SOSVV and the CO Appeals Court. A couple of years since starting our advocacy for upholding the expiration Marietta's SU 96-18, Aggregate Industries, AI, wanted to resurrect their dormant Special Use mining permit from 1998, the project area of hundreds of acres, is located near Pella Crossings– the recreational hot spot where Boudler County residents come to "Enjoy the peaceful waters of Pella Crossing where you can escape the urban pace" according to Boulder County. SOSVV advocated for upholding the expiration of AI's SU, and Land Use Director, Dale Case, agreed with SOSVV, making a Landmark decision in 2020 to apply the Five Year Lapse provision, and setting a legal precedent with far-reaching influences, well beyond Boulder County. SOSVV's attorneys, Ireland Stapleton Pryor & Pascoe, once again made an excellent legal argument in favor of applying the Lapse Provision and upholding the expiration of SU permits, unanimously convincing the five BOA members. A.I. went on to appeal the BOA's determination to District Court, but they vacated their appeal once SOSVV prevailed at the CO Supreme Court on the Martin Marietta SU permit in 2021. During this period, in 2019 Cemex proposed converting a couple of exhausted mining quarries into a public shooting range at the base of the St Vrain River. SOSVV launched a campaign "Shoot it Down" (watch @ FB videos), and effectively dodged a bullet, protecting wildlife and our peaceful community in northern Boudler County. Cemex concurrently proposed extending their Dowe Flats permit by 100%, another 25 years, beyond the expected December 31, 2021 expected expiration. SOSVV opposed the permit extension proposal based on the original agreements made and the expressed intent of those agreements between the County and Cemex. In an official letter dated June 14, 2019 to then Cemex Plant Manager, Dr Uwe Lubjuhn, Director Case, stated that “September 30, 2022 is the date when mining must cease [at Dowe Flats]”. In May 2022, after two years apparently positioning and working behind the scenes, buying the Covenant sited in the Resolution, Cemex has applied to extend its SU for mining Dowe Flats by 60%, an additional 15 years! In May 2022, Marietta stated that they will appeal Director Case's determination reversing his 2017 approval to the BOA. The BOA hearing date is pending. To residents, visitors, and many cyclists that flock to this area, the Gateway of the Rockies welcomes migratory birds annually, houses endangered species, the mining activity based on expired or expiring permits has anticipated negative impacts, including but not limited to: air quality, and health effects (from fugitive dust events that contain a crystalline silica and more https://pubmed.ncbi.nlm.nih.gov/15448758/ ), coupled with high winds making fugitive dust events virtually impossible to prevent, noise and light pollution, etc. According to Boulder County's data, Cemex’s Environmental Impact is rated the No. 1 polluter of Co2 emissions; this fact cannot be overstated. CEMEX is the #1 Polluter in Boulder County. Cemex Represents 7.3% of county Greenhouse Gas Emissions in Boulder County
Cemex plant Produces 17X the emissions as the entire Town of Lyons combined
Cemex Emits 357,101 mtC02e annually, the equivalent of ~25,000 Boulder County residents (1,3)
Cemex Publicly stated it is going to operate indefinitely
Over next 30 years, Cemex is expected to emit 10 million mtC02e
Boulder County committed to reduce emissions from 15 mtCO2e => 7 mtCO2e per capita by the year 2030. CEMEX Lyons plant represents a full 1 mtCO2e per capita or 12.5% of the 2030 reduction target. Help SOSVV advocate for Rights of Nature and Community Rights- here’s how:
-Donate to SOSVV's campaign. All donations are tax deductible and ensure that our community has legal council, a seat at the table, to advocate for the environment, wildlife, and the community’s interests.
-Like & Subscribe SOSVV's FB page to stay up to date on developments and Call to Actions. & Visit our website www.sosvv.org
-Attend the upcoming hearings, including Marietta's BOA appeal and Cemex’s SU 15 yr extension hearing before the Planning Commission, dates to be determined.
-Enter Your public comment re Cemex 15 year extension proposal by July 20th, 2022 to the County Planner, L'Orange.
-Show up &!speak up at the upcoming hearings. References:
1. Boulder County's 2016 Greenhouse Gas Emissions Inventory and Modeling Report - October 2018
(https://assets.bouldercounty.org/wp-content/uploads/2018/12/2016-ghg-inventory-and-strategies-report-oct ober-2018-final.pdf)
2. Boulder County Climate Action (https://www.bouldercounty.org/climate-action-2/)
3. EPA Facility Level GHG Emissions (https://ghgdata.epa.gov/ghgp/main.do)
4. Lawsuit Targets Air Pollution at Aging CEMEX Cement Plant in Lyons
(https://wildearthguardians.org/press-releases/lawsuit-targets-air-pollution-at-aging-cemex-cement-plant-in-l yons/)
