(Some of) Our Accomplishments

Source: Longmont Times Call, Matthew Jones / Staff Photographer

Martin Marietta filed yet another appeal, this time to the Board of Adjustment (BOA) – SOSVV obtained unanimous support from the BOA; Martin Marietta appealed their decision to the District Court. In November 2023, the Court upheld SOSVV’s victory, and on November 30th, 2023, Martin Marietta appealed that decision to the Colorado Appeals Court. The fight for the land continues!

SOSVV will continue to defend, protect & conserve these 800 acres judicially at the Colorado Appeals Court. Our legal team provided an estimates for litigation for this appeal, between $35,000-50,000. SOSVV is confident that we will uphold our victories with your support.

DEFEATED ~800 Acre Martin Marietta Mine

Procured a Landmark decision for upholding the expiration of Special Uses that are more intensive by nature; SOSVV sprearheaded the application of the Lapse Provision and the expiration of three special mining permits.

In 2017, Martin Marietta attempted to resurrect a decades old, dormant, permit to open pit gravel mine ~800 acre in the center of the historic Saint Vrain Valley. SOSVV and our attorneys argued that this Special Use Permit had expired due to the 5-year lapse provision, in the Land Use Code. A provision, SOSVV argued, was added to the Code to protect evolving communities from exactly this predicament: a permit holder sits on its permitted use for decades and conditions surrounding the permit area change.

After four separate legal battles, Boulder County’s determination that the permit had not expired was overturned in SOSVV’s appeal to the Colorado Appeals Court in 2019.

Martin Marietta appealed the Court of Appeal's decision in 2020 to the Colorado Supreme Court and lost. The Court remanded the permit back to Land Use on the question of equitable estoppel. Land Use Director Dale Case corrected his previous position and recognized that SOSVV’s argument was correct, he had erred in his determination that the permit was valid and determined that no equitable estoppel was owed to Martin Marietta.

Source: Shane McLendon on Unsplash

15-Year Mining Extension at CEMEX’s Dowe Flats

Stopped a New Special Use Permit for 15 (More) Years of Mining in a Preservation Area

In May 2022, CEMEX submitted an application co-signed/sponsored by Boulder County Parks and Open Space, to extend its mining operations at Dowe Flats for an additional 15 years. CEMEX agreed to gift the County ~$15M (via land, cash, and other mechanisms) for their support.

In a fight no one thought we could win, SOSVV and the local community (including our friends at Good Neighbors of Lyons) rally to object to the application, citing environmental concerns and noncompliance with the Special Use Permit criteria. An early win because of public involvement in this process included changing CEMEX’s commitment from ‘ceasing cement plant operations’ at the end of the proposed 15-year permit (which left the door open for CEMEX to sell to someone for another General Industrial Use, which was their intent) to demolition of the plant.

After months of public hearings and community input, the Board of Boulder County Commissioners voted to deny CEMEX’s permit on September 29, 2022.

The BOA unanimously voted to uphold the expiration of this permit. Aggregate Industries then appealed this determination to the District Court; they managed to stay their case until the Colorado Supreme Court ruled on Martin Marietta’s appeal. Thankfully, we prevailed and staved off yet another new mining operation in the St. Vrain Valley. Aggregate Industries withdrew their appeal upon the Supreme Court’s ruling supporting SOSVV’s Appeal Court victory.

This was the Landmark decision setting legal precedent for applying the Lapse Provision in the Code. SOSVV’s victory against Martin Marietta’s in the Colorado Appeals Court became the second time that the County utilized the Lapse provision and / or upheld the expiration of a Special Use.

New Mining with Aggregate Industries

Stopped a ~300 Acre Mine Near Pella Crossing

Seeing Martin Marietta’s initial success in resurrecting a two-decades old and dormant permit, Aggregate Industries decided to follow suit and move forward with reactivating their own 1998 permit to open a 347-acre large-scale gravel mine near Pella Crossing in Longmont.

SOSVV spearheaded another lawsuit to argue that Aggregate Industries’ Special Use Permit had also expired under the 5-year Lapse Provision, a provision intended to ensure that any development or land use remains consistent with current regulations, environmental standards and community development as these may evolved or change since the original permit approval was granted.

SOSVV persuaded Boulder County to deny Aggregate Industries’ request. Aggregate Industries appealed to the Board of Adjustment. SOSVV, represented by Ireland & Stappleton supported Director Case’s determination.

Moratorium on Aerial Spraying of Herbicides

In February 2023 many community members in Boulder County learned for the first time of widespread pesticide (specifically herbicide) use on our 50,000 acres of Open Space spread throughout our watershed. The County was using herbicides to eliminate, “control,” or suppress noxious weeds, and engaged in aerial spraying of herbicides in these efforts as well.

While this fight is still on-going, we are happy with our early wins that include banning the use of RoundUp and aerial spraying - two important pieces to protecting public health.

Our Supporters

  • "SOSVV has been a beacon of hope for our community. Their relentless effort to protect the St. Vrain Valley's natural beauty and wildlife is nothing short of inspiring."

    Emily T., Longmont

  • PATAGONIA ACTION WORKS

  • "As a long-time resident of Boulder County, I've seen first-hand the impact of SOSVV's activism. They're not just fighting for our land; they're safeguarding our children's future."

    Emily T., Hygiene

  • SPIRIT HOUND DISTILLERS

  • "The team at SOSVV embodies the spirit of grassroots environmentalism. Their dedication to preserving the integrity of our land against industrial exploitation is admirable."

    Emily T., Boulder

  • PLANET BLUEGRASS

  • "SOSVV has been instrumental in bringing our community together to stand against irresponsible land use. They've educated us, rallied us, and most importantly, given us a voice."

    Emily T., Unincorporated Boulder County

  • GOOD NEIGHBORS OF LYONS

  • "Thank you, SOSVV, for keeping the St. Vrain Valley so beautiful and full of wildlife. Watching the eagles and hawks is one of my favorite things to do!”

    9-Year Old Boy, Boulder County

  • NATURAL CAPITAL SOLUTIONS

  • "What I appreciate most about SOSVV is their commitment to factual and science-based advocacy. They're not just activists; they're informed protectors of our environment."

    Sarah L., Lyons

  • ST. VRAIN ANGLERS TROUT UNLIMITED