Environment Element
Introduction
The term “environment” can take on many meanings. In a simple definition, “environment” is the surroundings that we, as residents of this world, interact with. In the context of this Plan, environment is primarily focused on our natural surroundings: the natural vegetation, the fish and wildlife, our waters and air, and the geographic setting. Future land use decisions will have a profound impact on this natural environment. Thus, our actions must be tempered in a manner respecting our surroundings, so that irreparable damage is not caused. The reason people live in or visit the County is largely due to the tremendous natural environment we enjoy. It is our responsibility to treat it with caring respect.
1. Environmentally Sensitive Areas
The County’s natural setting is its greatest asset as it helps define and give character to the area. Part of our natural setting is comprised of environmentally sensitive areas. Environmentally sensitive areas are considered to be lands that contain physical environmental characteristics including but not limited to: wetlands, streams and riparian areas, floodplains, slopes 30 percent or greater, avalanche hazard areas and other geologic hazards, critical fish and wildlife habitat, and alpine tundra. These areas typically either present a constraint to development or are extremely susceptible to development impacts.
There are many measurable and immeasurable benefits to the identification, conservation and protection of environmentally sensitive areas. Ramifications of the loss and degradation of environmentally sensitive areas include incremental reductions to the following:
• Endangered/rare species and general wildlife habitat.
• Aesthetics and recreational opportunities.
• Water supply to streams, reservoirs and well fields.
• Water flow control and water quality/pollution
control.
• River bank stability.
• Minimization of stormwater damages.
• Health, safety and welfare of property owners (e.g. hazardous threats of fire, flooding, and avalanches).
Safeguarding environmentally sensitive areas is important because alteration may have negative impacts on aesthetics, property, environmental quality, or safety. Future development that occurs in the County needs to be designed and constructed to minimize impacts to these areas. This Plan promotes the avoidance of development in environmentally sensitive areas, with a desire to see natural features preserved and incorporated into new development projects.
Wetlands
The regulation of wetlands has become a focus of public attention in recent years at both the local and federal levels. Controversies have surfaced over how wetlands should be defined and how stringently they should be protected. The County currently defines wetlands as:
“Areas including lakes, streams, ponds, areas of seasonal standing water, areas with a predominance of wetland vegetation (such as willows, rushes or sedges), or areas with boggy soils. Wetlands do not include areas which are saturated solely by the application of agricultural irrigation water. Manmade lakes or ponds built for the purpose of detaining runoff are not considered wetlands in the context of these regulations.”
Wetlands are diverse and important as they provide important, interdependent ecological functions. Wetlands work as a kind of green infrastructure, providing vital ecological services. Among their important functions, wetlands improve the quality of water flowing through them; help reduce flooding impacts by storing floodwaters and releasing them slowly like a sponge; supply valuable water during periods of drought; and help reduce shoreline erosion. They also serve as critical fish and wildlife habitats for spawning, nesting, rearing, feeding and resting. With an understanding of the beneficial functions that wetlands serve, not only is it easy to see them as a collection of isolated, unusual plants, but they also can be seen as an essential ecological component to the overall County landscape.
By and large, the federal government is empowered to regulate wetlands under Section 404 of the Clean Water Act through the U.S. Army Corps of Engineers (USACE). In 1998, the U.S. Environmental Protection Agency and the USACE raised concerns regarding the cumulative loss of wetlands in the County. These concerns were based on existing development pressures, recent permit actions, the number of high quality wetlands in the County and the importance of the headwaters of the Blue River watershed in Colorado.
Based on the data collected and analyzed and under existing Federal and County regulations, it is estimated that at build-out the County will experience an additional loss of approximately 102.71 acres of wetlands affecting 592 private parcels (using 0.10 acre as standard impact). Approximately 7,000 acres of wetlands exist on private land in the County. Of the 592 parcels potentially affected by wetlands, 453 are partially affected and 139 parcels are significantly affected (e.g., the majority of the property contains wetlands). While this 102 acres constitutes only 1.5% of the total amount of 7,000 acres referenced earlier, development activities are anticipated to indirectly have a much larger impact to wetland health and sustainability throughout the County.
USACE regulations change frequently and may not always provide adequate management of wetlands and their functions. This oscillation of federal wetland regulations may leave certain wetland types vulnerable to permanent development impacts. This is significant as high quality wetlands are biologically significant and of superior quality or value critical to protecting water quality, quantity and other important wetland functions.
In April 1999, the County adopted Resolution 99-46, “Conceptual Strategy For The Enhanced Management Of Wetlands Within Summit County.” This Resolution supports the spirit of working cooperatively with the public, private interests, towns, and various federal agencies with the goal of achieving “no net loss” of wetlands. In addition to supporting the recommendations of the Resolution, the County has implemented a phased Environmental Protection Agency 104(b)(3) wetlands grant. A byproduct of the Grant is for the County to continue to seek means to provide better management of wetlands while imposing limited costs for both County administration and private property owners. The following represents phased recommendations from the Grant to implement strategies developed for the enhanced management of wetlands in the County:
• Amend the definition of wetlands in the County’s
Land Use and Development Code to allow jurisdiction
over “isolated wetlands.”
• Further develop and create incentive based
regulations (e.g., encourage conservation easements
for properties with wetlands and evaluate variable
wetland setbacks).
• Facilitate private development of wetland mitigation
banks.
• Amend Land Use and Development Code to create a
mechanism to allow the County to review and approve
proposed wetland impacts in existing subdivisions
platted before February 26, 1996.
• Develop and adopt new regulations for identified
‘high quality’ wetlands.
• Develop basin specific wetland recommendations
(e.g., special management zones in the Upper Blue
Basin).
Steep Slopes and Slide Hazard Areas
The mountainous topography of the County presents considerable constraints to development, most commonly in the form of steep sloped areas. These areas (defined as having a grade change of 30 percent or more) are vulnerable to disturbance and can become unstable. Some areas of the County are located in landslide areas, avalanche gullies, or run-out areas. Development activities in these areas are extremely hazardous and can result in personal and property damage. County code has specified requirements for development in steep slope areas. However, this Plan emphasizes avoidance of these areas, whenever possible, so that impacts of development in these areas are eliminated altogether.
Wildlife
The various landscapes of the County provide a diversity of habitats for many species of wildlife. Big game species such as elk and mule deer utilize the higher elevations of the Tenmile, Gore, and Front Ranges during the summer and move to lower elevations in areas such as the Lower Blue Basin in the winter. Some areas provide important movement corridors for these and other species as they migrate between habitat areas. At its lowest elevations, the sage meadows of the northern County provide habitat for species such as sage grouse and winter range for deer and elk. At mid-elevations, coniferous forests predominate and host a variety of species, including deer, elk, bears, and an array of smaller animals. The highest elevations above treeline provide their own unique habitat conditions, suited for species such as mountain goats and marmots. Finally, riparian areas and wetland systems further diversify habitats and provide unique opportunities for species such as ptarmigan. Development activities, especially in undisturbed areas, can fragment habitat areas and wildlife movement corridors.
I-70 acts as a barrier to wildlife movement. However, there are a couple locations in the County where free movement from south to north is provided. One area is below Vail Pass near Stafford Gulch, where the elevated freeway allows wildlife movement underneath the freeway. The other location is the “land bridge” area above the Eisenhower Tunnel. These areas are important in terms of maintaining continuous landscape for wildlife to move through, and to allow for mixing of populations. Overall, the County serves as an important connector for wildlife between northern and southern habitats.
The Colorado Division of Wildlife (CDOW) is the state agency charged with ensuring that sustainable populations of different wildlife species are maintained. The state maintains a list of species of special concern (e.g., federally or state designated endangered and threatened species and other species of concern). In addition, CDOW maps habitat for a variety of important species.
In addition to our terrestrial species, the County’s fish populations are another important aspect of our wildlife picture. Through the years, stocking of non-native species such as brook and brown trout have led to a depletion of naturally occurring cutthroat trout populations. Only a select handful of stream segments in the County continue to support cutthroat trout as a result. Also, the runoff from old mining tailings and highway sediments have resulted in depleted habitat conditions for fish. The Lower Blue River is recognized as a Gold Medal trout fishing stream, but its continued status is jeopardized by sediments, pollutants, low stream flows, and other factors.
2. Water Resources
The water quality of the County’s streams, lakes, reservoirs, and groundwater influences our environment. Water is used for domestic, agricultural, recreational, commercial, and industrial uses. It also has intrinsic aesthetic qualities that are highly valued by our residents and visitors. Whether water is used for drinking, snowmaking, mining operations, or simply to be observed and marveled at, it is an extremely valuable commodity in this semi-arid mountain environment. Issues such as ensuring the maintenance of clean drinking water or stream flows adequate to support fish are important considerations, particularly as growth in the region increases demands on our water resources.
Although the County as a whole enjoys high quality water, there are nevertheless a number of human-related activities that have degraded the County’s waters. Historically, mining activities negatively impacted water quality, introducing high concentrations of trace elements (e.g., manganese, cadmium, zinc) into area streams. Other impacts come from stormwater runoff from highways (e.g., sediments,salts) and septic tank effluents. With that in mind, the State of Colorado classifies streams for certain uses (e.g., recreation) and establishes standards to protect those classified uses. With the exception of the stream segments listed below, the County streams are generally meeting state standards.
The state has identified five stream segments in the County (indicated in the table below) that have impaired water quality resulting in the loss of ability to support certain uses. Four of the stream segments are listed because of metal concentrations, and one is listed because of sediment issues. These are not the only streams with water quality problems in the County, but these are the ones that have been recognized of being of most significant impairment. For example, Ten Mile Creek above Copper Mountain has elevated levels of metal concentrations, but major improvements in water treatment technology leaving the Climax Mine tailings ponds has resulted in improved concentrations and as a result the stream segment is not listed.
The state has established an “Antidegradation Rule”. This rule is tiered based on the level of water quality protection assigned (i.e., streams within the Eagles Nest and Ptarmigan Peak Wilderness Areas require the greatest protection). For the majority of surface waters in the County, the antidegradation rule requires that no single federally-permitted action (e.g., development activity) can result in discharge to surface water that consumes more than 15 percent of the remaining capacity of the water body to absorb pollutants without exceeding established pollutant levels. These pollution levels are established as maximum concentration levels for a number of different potential pollutants. The Antidegradation Rule is not enforced for activities that are not federally regulated. However, individual jurisdictions can elect to use similar types of rules on the local level.
Minimum stream flows apply to some water bodies in the County. These minimum flows help ensure adequate water flows for fish habitat. However, minimum flows are ensured only to the extent that the state holds senior water rights in a given stream. Recent drought conditions in the state have resulted in significant declines in stream flow levels compared to historic averages. Some of the most visible signs of these declines are the level of the Dillon Reservoir, which dropped to 40 feet below normal levels in 2002. Overall impacts of such declines on recreation, the environment, and economy can be tremendous.
3. Air Quality
The United States Environmental Protection Agency (EPA) has established National Ambient Air Quality Standards for six pollutants known as “criteria” pollutants. They are carbon monoxide, ozone, nitrogen dioxide, sulfur dioxide, particulate matter, and lead. According to state air quality officials, many of these criteria pollutants are only of major concern in heavily urbanized areas, such as the Denver metro area. Pollutants such as carbon monoxide fall among this category, with automobile emissions being the largest source of the pollutant. The Air Pollution Control Division of the Colorado Department of Public Health and Environment monitors air quality at various sites throughout the state, including Summit County.
The only air pollutant of concern that has been identified for the County is suspended particulate matter. The EPA has two standards for particulate matter: PM10 (particulate matter 10 microns or smaller in size) and PM2.5 (particulate matter 2.5 microns or smaller in size). The Air Pollution Control Division monitors PM10 currently at one location in the County: the County Justice Center in Breckenridge. PM10 was previously also monitored in Silverthorne, but that monitoring has been discontinued. The primary source of PM10 in the County is dust from roads and construction sites. Another small seasonal contributor is wood smoke.
Summary of Data: With one exception, the PM10 measurements for the Towns of Silverthorne and Breckenridge fall well below national ambient standards for air quality. Breckenridge experienced one exceedance of the 24 hour standard in 2000. Because data is only collected every other day, the projected exceedances for the year were identified as 2.94 days. Because Breckenridge experienced no exceedances in 1998 or 1999, the 3-year average for exceedances is 0.98.
Historic Data: Data is available for the Breckenridge monitoring station back to 1992. The year 2000 is the only year that a 24-hour violation of national standards has been recorded. Since 1992, air quality data for the Breckenridge site has kept relatively constant when measured over an annual average, keeping slightly over or under 22 ug/m3 annual average. PM10 levels at the Silverthorne site have shown a decrease since 1993 levels. See attached graphs for PM10 measurements throughout the 1990s.
4. Noise
Construction and vehicular traffic are two of the primary sources of noise in the County. A growing concern in recent years has been the levels of noise experienced in residential areas near I-70 and other major highways in the County. These concerns are from increased traffic volumes and from “jake brakes” used by commercial vehicles. Some neighborhoods (e.g., Dillon Valley) have worked with the Colorado Department of Transportation to provide solutions, such as highwayside berms, to the noise problem. Localized noise problems can be attributed to construction and other activities (e.g., gravel crushing). As growth in the County continues, it is important to alleviate excessive noise so that the quality of life for residents is maintained.
5. Conservation
Part of the job of protecting our natural environment involves making choices that reduce or avoid impacts to the environment. One of the key ways this can be achieved is through the promotion of resource conservation efforts that reduce the County’s use of resources and ultimately reduce waste and emissions generated. Various options are available, such as recycling, use of solar and wind power, use of alternative transportation modes (e.g., transit, biking, walking), and use of more efficient and less-polluting technologies (e.g., alternative fuels in fleet vehicles). The ways buildings are designed and equipped can also have significant impacts on energy consumption. A subsection on green design addresses this issue in the Design and Visual Resources element.
6. Noxious Weeds
Several species of non-native plants have become a threat to the economic and environmental value of land in Summit County. These plants are not indigenous to this country and have no natural predators or pathogens to keep their populations in check. They are rapidly displacing native vegetation, causing a loss of native ecosystem stability and diversity, while affecting recreational resources. Our native plants are the building blocks of the ecosystem. If we lose that vital component, we lose all other life that evolved with that resource. Noxious weeds are the number one threat to our native plants.
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