The Superior Board of Trustees will support a letter being sent to Boulder County Commissioners addressing land use code violation of a cement plant in Lyons.

Good Neighbors of Lyons, a residential group, are working to uphold Boulder County land use codes to CEMEX, which could result in CEMEX’s termination. Lyons Mayor Hollie Rogan and Good Neighbors of Lyons asked for formal support from Superior to sign a letter with other local municipalities to be sent to the Boulder County Commissioners encouraging and petitioning the Boulder County Land Use Director to give notice of termination to CEMEX Lyons for nonconforming use.

The Board of Trustees voted 6-1 to send the letter. Trustee Jenn Kaaoush voted against sending the letter.

According to the Good Neighbors website, CEMEX is the biggest contributor to pollution in Boulder County and emits over 370,000 tons of carbon dioxide per year. CEMEX is a coal-fired plant that was first approved under 1960s air quality standards and was grandfathered into the Boulder County Land Use Code in 1994.

Good Neighbors states that since the recent closure of the Dowe Flats mine, CEMEX has started to deliver all raw materials to the plant. This creates 10 to 15 35-ton trucks delivering raw materials along Colo. 36 and Colo. 66 to the plant every hour. According to the draft letter that will be sent to Boulder County Commissioners, it has caused the Colorado Department of Transportation to require a new access permit.

According to Good Neighbors, a grandfathered use gets terminated when there is an enlargement or alternation to the use, which CEMEX has done after the closure of the mine. Good Neighbors states that because of CEMEX’s grandfathered use, any carbon emissions improvements by CEMEX could terminate their use.

“Cement production is the third biggest polluter in the world,” Trustee Jason Serbu said. “It’s just massively destructive to the environment.”

Serbu said that as destructive as cement production is to the environment there is still a demand for cement especially with rebuilding after the fire. Good Neighbors states that there are other cement plants in Colorado that produce less emissions than CEMEX that can still meet the demands for cement.

CEMEX representatives said that the claims Good Neighbors has made in their letter and petition to the Boulder County Commissioners are not true.“The statements in the petition do not accurately reflect CEMEX’s current or historical operations.

CEMEX disputes any suggestion that its operations fail to comply with its permitted pre-existing nonconforming use. CEMEX intends to continue working with the community to address concerns with its operations,” CEMEX representatives said in an email.