This section establishes land use standards for Watershed Protection Areas as identified by County-adopted Watershed Protection Maps (produced with funding from the U.S. Environmental Protection Agency) based on scientific research conducted by the University of Colorado Institute of Arctic and Alpine Research (INSTAAR). The maps delineate areas of Ecological Sensitivity on the basis of land cover types.

5-2501A.

Purpose

In accordance with the Land Use Code policies set forth in Section 2-14, the purpose of this section is to facilitate restoration and maintenance of Watershed Areas as ecological, drinking water supply and recreational resource areas. Water quality is a key factor in preserving the natural resources and character of the upper San Miguel River. Ecological Sensitivity areas identified on the maps have significant roles in maintaining the integrity of the San Miguel River ecosystem.

5-2502A.

Adoption of Watershed Protection Maps

Watershed maps that identify Ecological Sensitivity areas are hereby adopted and may continue to be adopted and modified by Board of Commissioners resolution as part of this section, and shall remain on file in the San Miguel County Planning Department. Wetland and Avalanche areas not shown on the maps but verified on the ground shall be protected to the same degree as mapped Ecological Sensitivity areas. Parcel locations shown are approximate.

5-2502B.

Modification of Ecological Sensitivity Area Boundaries

Anyone proposing to develop within an Ecological Sensitivity area delineated on a County Watershed Area Map may attempt to show that a particular area should not be classified as such. Ecological Sensitivity area boundaries may be modified at a proponent's expense through the performance of a watershed sensitivity boundary determination by an expert in hydrology and water chemistry.

Anyone desiring to modify an Ecological Sensitivity area boundary must submit an application for such modification to the County for review under the Two-step process described in Section 3-6 of this Code. If the Planning Department Staff upon field verification does not agree with a proposed modification based on landscape types present, then, the Board of Commissioners shall agree on a hydrologist expert in water chemistry to perform the work necessary for boundary modification, whose services shall be paid for by the applicant. The applicant also is responsible for paying for the boundary modification to be mapped on the County Geographic Information System.

5-2503A.

Areas at Risk for Trace Metal Contamination

Because of the potential for trace metal contamination and acid drainage associated with abandoned mine sites, it is important to manage development so that it would not exacerbate the release of mine-related contaminants into the environment.

For development to be permitted in areas identified as at risk for trace metal contamination, a proponent must first present site-specific data establishing baseline levels in sediments and soil for water quality parameters including but not limited to aluminum, arsenic, bicarbonate, chromium hexavalent, chromium trivalent, copper, cyanide, iron, lead, manganese, mercury, nickel, Ph, sulfate, selenium, silver, and zinc. Then it must be shown that proposed development will not result in an increase in metals concentrations and loading into streams, groundwater, sediments and/or soil resources on-site.

No disturbance of mill tailings, mine waste rock or adit portals shall occur unless authorized by an approved state or federal permit.

5-2503B.

Areas at Risk for Acidification

Because of the potential for introduction of toxic metals into surface waters and resulting negative impacts on biological systems, it is important not to disturb or modify hydrologic pathways and to avoid activities that would cause increased acidity of surface waters. Therefore:

I.

Residences shall have footprints eight hundred (800) sq. ft. or less;

II.

Basements and caretaker units shall not be allowed; and

III.

New roads and/or driveways shall only be allowed with Board of Commissioners review (pursuant to Section 5-501 B) upon demonstration that a proposed road and/or driveway would be the sole reasonable access to the property, and only if:

a.

Roads and driveways are no wider than ten (10) ft.;

b.

Switchbacks and cuts and fills are minimized to the fullest extent possible;

c.

Blasting is minimized; and

d.

Snow plowing and maintenance is prohibited from November 1 through May 1 (snowmobile and snowcat use shall be allowed), except that these standards may be modified by the Board of Commissioners for activities associated with installation, repair and maintenance of public water supply systems.

5-2503C.

Areas at Risk for Eutrophication

Because of the potential for nutrient enrichment or oxygen depletion of surface waters to modify flora and fauna composition, it is important not to disturb or modify hydrologic pathways and to avoid activities that would cause new or increased sources of nitrogen in surface waters. Therefore:

I.

Residences shall have footprints eight hundred (800) sq. ft. or less;

II.

Basements and caretaker units shall not be allowed;

III.

Individual sewage disposal systems that rely on absorption to dispose of waste water shall not be allowed;

IV.

Fertilizer shall not be allowed unless authorized by an approved state or federal permit for mining reclamation, and landscaping with non-native species or that requires supplemental watering after establishment shall be prohibited;

V.

Blasting or dynamiting other than that associated with mining or avalanche-control activities shall not be allowed unless authorized by an approved state or federal permit; and

VI.

New roads and/or driveways shall only be allowed with Board of Commissioners review (pursuant to Section 5-501 B) upon demonstration that a proposed road and/or driveway would be the sole reasonable access to the property, and only if:

a.

Roads and driveways are no wider than ten (10) ft.;

b.

Switchbacks and cuts and fills are minimized to the fullest extent possible;

c.

Blasting is not utilized; and

d.

Snow plowing and maintenance is prohibited from November 1 through May 1 (snowmobile and snowcat use shall be allowed), except that these standards may be modified by the Board of Commissioners for activities associated with installation, repair and maintenance of public water supply systems.

5-2503D.

Wetland Areas

Development in Wetland Areas or 100-ft. Wetland Area Buffer Zones may only occur pursuant to Section 5-22.

5-2503E.

Avalanche Hazard Areas

Development in Avalanche Hazard areas may only occur pursuant to Section 5-404.

5-2503F.

Source Water Protection Areas

Development in Source Water Protection Areas will be referred to the appropriate public water supply jurisdiction.