CEMEX Appeal Hearing

Tuesday, July 18, 2023, 9:30 am

Fresno County Board of Supervisors Chambers

Please join us at the CEMEX appeal hearing at the Fresno County Board of Supervisors Chambers next week (2281 Tulare St # 301, Fresno, CA 93721). We support the City’s appeal of the Planning Commission’s decision to provide a four-year extension for CEMEX’s operation and want to share our concerns with the Board of Supervisors.


3 Key points to know about this extension:


1.The EIR that CEMEX has been operating under is 36 years old and was originally written for a different project site. You can review it HERE.

2.The supplemental EIR added to the reference list right before the planning commission hearing wasn’t included in the original notice about the project. The supplemental EIR does address the relevant project site, but still in reference to processing the aggregate from the other location (Beck Property). The supplemental EIR spends more time referencing the business and economic problems that will result from the lack of a project (i.e. the sand and gravel resources won’t be used), rather than the environmental impacts of the project. You can review the supplemental EIR HERE.

3.The staff report for the planning commission hearing suggested that the burden of proof related to the determination of potential environmental impacts rested with those who chose to comment on the extension application rather than the County. The report dismissed the issues raised by all commenters as “not demonstrating substantial evidence in light of the whole record”, that any new or changed conditions exist that could result in new environmental impacts from the operation. You can read the staff report to the Planning Commission HERE and review the staff presentation to the planning commission HERE.

We are told that CEMEX is still preparing the Draft EIR for the future project that will involve a transition to hard-rock mining (blasting) a 600-foot deep pit next to the river. 


However, in the midst of the news articles about the extension request this year, I received the following email from a woman in Colorado:



I'll preface this with an apology, as this is a very random reach out and I just felt compelled to help a little if I can. I happened to run across an article in the Fresno Bee that you were quoted in about CEMEX and wanted to share some of our experience in the event it might be helpful. I don't know how involved you are (or want to be) in fighting the CEMEX expansion in Fresno, but I couldn't help but notice some similarities between what you are up against and what we've been fighting for in Boulder County, CO for the past year or so. I am not an expert by any means, but my husband and I have been leading the fight here and have become incredibly familiar with all of our local issues as it relates to CEMEX and I think some of that might apply to Fresno. 


Just a little background, CEMEX Lyons (in Boulder County) has a cement plant that's been operating since 1969 (and is in a grandfathered status with the County), and also had an adjacent mine that was operating under a County Special Use Permit for 25 years and was set to expire in Sept 2022. CEMEX applied for a mining extension of 15 years, and for a variety of reasons (most of which being about $17 million of gifts from CEMEX to Boulder County), the County was very supportive of offering them this extension despite the plant (which is fed by the adjacent mine) being the #1 polluter in the County. Long story short, against all odds, we were able to get the extension denied and the mine was closed on September 30, 2022.


Isn’t it interesting that CEMEX was requesting an extension to their Colorado permit, too? How many more extensions will they receive to continue operating under a 36-year-old EIR?

Sharon Weaver

Executive Director

sweaver@riverparkway.org

559-248-8480 ext.216