Boulder County commissioners will decide next week whether to allow a 15 year extension of a mining operation after the planning commission recommended against it — despite an offer to close down a nearby cement plant as well.
The Boulder County Planning Commission initially discussed CEMEX’s proposal to extend mining at the Dowe Flats quarry at an Aug. 17 meeting. After five hours of discussion including comments from 36 members of the public, the meeting was continued to Sept. 1.
In 1994, open mining at the Dowe Flats was approved for 25 years of operation, which would mean operations would end this year. CEMEX requested an extension of the mining activities located north of Colorado Highway 66 near Lyons for another 15 years.
Separate from the mining activities, CEMEX also conducts mining and cement processing just south of Highway 66 at the Lyons Quarry. That plant and activities on the quarry operate under the land use code as legal nonconforming uses, meaning the owner has a right to continue operating the cement plant for an indefinite time.
For a 15 year extension to mine at Dowe Flats, CEMEX offered to permanently close down the cement plant within the same 15-year time period. Additionally, the permit extension covers a reduced acreage and mining area compared to the original.
CEMEX Executive Vice President of Strategic Planning Trpimir Renic said the company requested a 15 year extension because the quarry contains valuable mineral reserves estimated to exceed 15 years of supply. The material has a preferable chemistry and preferable depth for the mining and use in concrete.
County staff recommended approval of the extension with a number of conditions, but the planning commissioners had several concerns at Thursday’s meeting, reflecting those of the public. Along with public comment, the planning commission received hundreds of written comments overwhelmingly opposed to the extension.
The planning commission struggled to weigh the environmental impacts of keeping the mining operation open for 60% longer than the original permit intended against the possibility of closing down a cement plant in 15 years that could operate indefinitely otherwise.
“The only guarantee that we have that (the cement plant) will close in future is through the approval of this land use application,” Planning Commissioner Gavin McMillan said. “It’s the only guarantee. There might be other avenues, but this is the only guarantee.”
One condition of approval for the original mining permit was that mined materials would be transported from the Dowe Flats quarry across Highway 66 to the cement plant via an enclosed conveyor system. That means if the mine closed this year, the cement plant would get materials from further away rather than via a conveyor system, increasing truck trips to the area.
Commissioners mostly agreed that if the extension were shortened by some number of years, they would have an easier time approving it. They all agreed that 15 years felt like too long to allow the mining to continue.
However, there were also concerns that the mining operation no longer matched the area. While 25 years ago, the mining might have felt compatible with the more rural landscape, the buildout of Lyons meant that the operation no longer suited the area, according to the planning commission’s discussion.
While it pained the commission that denying the application meant that they could not guarantee the closure of the cement plant, they agreed that 15 years would be too long to allow mining and its impacts to continue in a place no longer suited to the operation.
Multiple commissioners also expressed their hopes that, with enough advocacy and momentum from other sources, state or federal regulations might mean the reduced emissions or closure of the mining operation one day
“Unless we advocate for using less cement or demand a sustainable alternative, we’re not really changing the game,” Planning Commissioner Mark Bloomfield said. “Maybe a little bit locally, but we need to do more and need to keep on it and make sure we’re not just pushing the problem off onto other people.”
The planning commission unanimously voted to recommend against a 15 year extension of mining at the Dowe Flats quarry, adding that fewer years of operation with a date of closure for the cement plant would be worth considering. Their recommendation will go to the Boulder County commissioners, who make the final decision on the extension.
The county commissioners have scheduled a public hearing on the topic for 2 p.m. Sept. 14. Public comment will also be taken at this meeting.
