HomeMy WebLinkAboutR25-038 Approving the Use of Open Space Funds for the Conservation of the East Vail Bighorn Sheep Habitat Docusign Envelope ID: BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
Commissioner scherr moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2025- 038
RESOLUTION APPROVING THE USE OF OPEN SPACE FUNDS FOR
THE CONSERVATION OF THE EAST VAIL BIGHORN SHEEP HABITAT
PROPERTY LOCATED IN EAGLE COUNTY, COLORADO
WHEREAS, the Town of Vail("the Town") is the record title owner of a total of 146.872
acres of land in the East Vail area of Vail, Colorado legally described in Exhibit A, attached here
and incorporated herein by reference (hereinafter referred to as the "Conservation Property"),
which the Town desires to preserve as protected natural habitat for bighorn sheep and scenic open
space; and
WHEREAS, the Town compensated the prior owner for the portion of the Conservation
Property identified and referred to as Parcels 3 and 4 in Exhibit A in the amount of$17,519,985;
and
WHEREAS, the Town desires to place the Conservation Property under a conservation
easement which will be held by the Eagle Valley Land Trust or another qualified organization
certified by the State of Colorado to hold conservation easements for which a state tax credit is
claimed and is accredited by the Land Trust Accreditation Commissioner ("Land Trust") to
permanently preserve the Conservation Property's wildlife habitat and scenic qualities (the
"Conservation Project"); and
WHEREAS, the Eagle County Open Space Program was created to acquire and protect
outstanding natural lands, wildlife habitat, historic ranches, sensitive landscapes, dispersed
recreational opportunities and scenic areas; and
WHEREAS, the Town made a request to the Eagle County Department of Open Space
and Natural Resources ("OSNR") for funding through the Eagle County Open Space Program to
contribute to the acquisition cost for Parcels 3 and 4 and to induce the permanent preservation of
the entirety of the Conservation Property; and
WHEREAS, on January 13, 2025,the Eagle County Open Space Advisory Committee, in
a public meeting, considered the funding request and unanimously recommended that the County
Docusign Envelope ID: BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
provide funding of up to five million dollars ($5,000,000) from the Eagle County Open Space
Fund ("Open Space Fund")to support the Conservation Project; and
WHEREAS,the Conservation Property possesses characteristics consistent with Eagle
County Open Space Selection Criteria including critical wildlife habitat, visual buffers, and
scenic landscapes that are important to conserve for current and-future generations of Eagle
County; and
WHEREAS, the County desires to contribute Open Space Funds towards the permanent
preservation of the Conservation Property subject to the terms and conditions set forth in the
Intergovernmental Agreement between Eagle County and the Town of Vail for Preservation of the
East Vail Bighorn Sheep Habitat Property, a copy of which is attached hereto and incorporated
herein by this reference as Exhibit B.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT,the Board hereby authorizes the use of Open Space Funds in the amount of five
million dollars ($5,000,000)to fund the Conservation Project, subject to the terms and conditions
of Exhibit C.
THAT, the Board finds, determines and declares that this Resolution is necessary for the •
public health, safety and welfare of the citizens of the County of Eagle, State of Colorado.
//Signature Page to Follow//
Docusign Envelope ID: BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
MOVED AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held April 8, 2025.
i.— Signed by:
4.N COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
c°Is____ BOARD OF COUNTY COMMISSIONERS
ATTEST:
Signed by: DocuSigned by:
WI CLesc, B : �
CD6DC�8aDCa/14Ca... y Cn1l�C128fa/1M7A..
Becky Close, Clerk to the Board Jeanne McQueeney
County Commissioners Chair
FSigned by:
T� 6oyt
coo9o5r413rcr448
Torn Boyd
Commissioner
"—Signed byy:'I,, Imo^
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Matt Scherr
Commissioner
Commissioner Boyd seconded adoption of the foregoing resolution. The roll
•
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Boyd Aye
Commissioner Scherr Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado
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EXHIBIT A
Legal Description-Conservation Property
"Parcel 1":
Vail Village Filing 13 Tract C,Recorded November 10, 1992 at Reception No. 121932, Eagle
County, Colorado; and
"Parcel 2":
Vail Village Filing 12 Tract A,Recorded November 10, 1992 at Reception No. 121932, Eagle
County, Colorado; and
"Parcel 3":
East Vail Workforce Housing Subdivision Lot 1, Recorded October 12, 2017 at Reception No.
201719746,Eagle County, Colorado; and
"Parcel 4":
East Vail Workforce Housing Subdivision Tract A,Recorded October 12, 2017 at Reception No.
201719746, Eagle County,Colorado.
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EXHIBIT B
INTERGOVERNMENTAL AGREEMENT
BETWEEN EAGLE COUNTY
AND THE TOWN OF VAIL
FOR PRESERVATION OF THE
EAST VAIL BIGHORN SHEEP HABITAT PROPERTY
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INTERGOVERNMENTAL AGREEMENT
BETWEEN EAGLE COUNTY
AND THE TOWN OF VAIL
FOR PRESERVATION OF THE
EAST VAIL BIGHORN SHEEP HABITAT PROPERTY
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter "Agreement ") is made April 8,
2025, by and between Eagle County, Colorado by and through its Board of County Commissioners (
"County ") and the Town of Vail, Colorado,by and through its Town Council("Town"). The County and
Town may be referred to individually as a"Party"and together may be referred to as the"Parties."
WHEREAS, the County's Open Space Program is funded by a dedicated 1.5 mill levy tax on
• property to be used for the acquisition and protection of open space, the natural environment and wildlife
habitat throughout Eagle County; and
WHEREAS, the County, through the Open Space and Natural Resources Department ("OSNR"),
often collaborates with municipalities,land trusts,adjacent counties,and federal land management agencies
to leverage resources towards the protection of valuable open space resources and our mountain ecosystem;
and
WHEREAS, the Town has its own Environmental Sustainability and Public Works Departments,
which are responsible for the acquisition and management of open space areas within the Town's
jurisdiction; and
WHEREAS,the Town is the record title owner of a total of 146.872 acres of land in the East Vail
area of Vail,Colorado legally described in Exhibit A,attached hereto and incorporated herein by reference,
and depicted in Exhibit B, attached hereto and incorporated herein by reference(hereinafter referred to as
the "Conservation Property"), which the Town desires to preserve as protected natural habitat for bighorn
sheep and scenic open space;
WHEREAS, the Town compensated the prior owner for the portion of the Conservation Property
identified in Exhibits A and B as Parcels 3 and 4 in the amount of$17,519,985; and
WHEREAS, the Town made a request to the OSNR for funding through the Eagle County Open
Space Program to contribute to the acquisition cost for Parcels 3 and 4 and to induce the permanent
preservation of the entirety of the Conservation Property; and
WHEREAS, in December, 2024, the Eagle County Open Space Advisory Committee, in a public
meeting, considered the funding request and unanimously recommended that the County provide funding
up to five million dollars ($5,000,000) from the Open Space Program fund to support the Town's
conservation project; and
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WHEREAS,the Parties agree that the Conservation Property has outstanding conservation values,
including scenic qualities and wildlife habitat for bighorn sheep as well as other wildlife including lynx,
elk, black bear, mountain lion, mule deer and golden eagle, and as such, should be placed under a
conservation easement to protect such habitat and the natural environment in perpetuity; and
WHEREAS, the Town desires to place the Conservation Property under a conservation easement
to permanently preserve the wildlife habitat and scenic qualities,and the County desire to contribute Open
Space Program funding towards the permanent preservation of the Conservation Property, subject to the
approvals and terms and conditions set forth herein;and
WHEREAS, the County intends for the funding contribution authorized by this Agreement to be
for the sole,purpose of contributing to the cost to acquire and to induce permanent preservation of the
Conservation Property as set forth herein, and expressly does not intend for any portion of the funding
contribution provided for herein to be utilized in connection with payment of any judgement, legal fees or
other litigation cost associated with the Town's acquisition of any part of the Conservation Property.
AGREEMENT
NOW THEREFORE, in consideration of mutual promises and covenants contained in this
Agreement,the Parties agree as follows:
1. Funding.
a. Within fifteen (15) days of mutual execution of this Agreement, the County will transfer five
million dollars($5,000,000)(the"Open Space Funds")to the Town in exchange for the Town's fulfillment
of the commitments set forth herein. The Open Space Funds are expressly for the purpose of partnering
with the Town as a contribution towards the purchase price of Parcels 3 and 4 of the Conservation Property
and to induce the grant of a deed of conservation easement to be held by a qualified land trust organization
and recorded against the Conservation Property on or before October 15,2025,on the terms and conditions
set forth herein(the"Project"). The Town agrees that it will not use or apply any portion of the Open Space
Funds to cover any judgement, legal fees or other litigation costs associated with the Town's efforts to
acquire any part of the Conservation Property. The County's contribution of Open Space Funds is
contingent on the fulfillment of the Town's commitments contained herein,which will occur after the Open
Space Funds are transferred from the County to the Town. The Town therefore agrees to hold the Open
Space Funding in the public trust and to return such funds to the County if such commitments are not
fulfilled in accordance with the terms of this Agreement,regardless of cause.
b. The Town shall not modify the Project without the prior written approval of County,such approval
to be in the County's sole discretion. Any modification to the Project undertaken without the County's
consent may be deemed a breach of this Agreement, entitling the County to all remedies available under
this Agreement.
2. Due Diligence. The County's contribution of the Open Space Funds for the Project is subject to
County's review and approval of certain due diligence matters prior to closing which may include,but not
Docusign Envelope ID. BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
be limited to,review of the form of conservation easement(described below),baseline report,management
plan setting forth appropriate conservation easement enforcement obligations, and other associated
documents in connection with the Project or closing on the deed of conservation easement, the results of
which must be satisfactory to County as determined by County in its sole discretion. In the event the County
is not satisfied with any of these matters prior to the Town's closing on the deed of conservation easement,
or if a conservation easement meeting the requirements of this Agreement is not approved by the County
and recorded in the records of the Eagle County Clerk and Recorder by October 15,2025,the County shall
be entitled to a full refund of the Open Space Funds,as provided by the terms of this Agreement.
3. Deed of Conservation Easement.
a. Deadlines. The Parties agree that County shall be entitled to review and approve the form of the
deed of conservation easement to be recorded against the Conservation Property in advance of closing. The
Parties anticipate that a draft deed of conservation easement shall be provided for the County's review,
comment and potential approval on or before August 1, 2025. The Parties anticipate that the County will
provide comments and requested revisions to the deed of conservation easement on or before September 5,
2025.
b. Completion Date: The Town shall complete the Project and close on the Conservation Easement
no later than October 15, 2025 (the"Completion Date")unless otherwise mutually agreed to in writing by
the parties.
c. Requirements and Terms. While the County reserves the right to require or object, in its sole
discretion, to other terms or concepts within the deed of conservation easement, it shall, at a minimum,
align with the general terms set forth in Exhibit C, attached hereto and incorporated by this reference, and
generally meet the following requirements:
i. The parties to the deed of conservation easement shall be the Town (Grantor) and Eagle
Valley Land Trust("EVLT")or another qualified organization as defined below(Grantee),and the
deed of conservation easement shall encumber all of the Conservation Property in perpetuity(the
"Conservation Easement'). The Conservation Easement shall at all times be held by EVLT or
another "qualified organization" as defined in I.R.C. § 170(g) that is certified by the State of
Colorado to hold conservation easements for which a state tax credit is claimed, and is accredited
by the Land Trust Accreditation Commission(hereinafter EVLT or another qualified organization
shall be referred to as the"Land Trust").
ii. The parties anticipate that the Conservation Easement will declare conservation purposes
and values that recognize natural wildlife habitat and open space and scenic enjoyment.
iii. The Town shall convey all development rights associated with the Conservation Property
to the Land Trust. Further, the Conservation Easement shall limit the use of the Conservation
Property such that it must remain open, vegetated, undeveloped, and free of structures, except as
necessary for conservation management or habitat restoration purposes as approved by the Land
Trust.
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iv. The Conservation Easement shall declare the Conservation Property will serve as a
protected habitat for wildlife, ensuring that natural ecological processes occur without human
interference.
v. The Conservation Easement shall provide rights to the Land Trust to preserve and protect
the conservation values in perpetuity, to enter upon the Conservation Property to monitor
compliance with the terms of the conservation easement,to prevent activity that is inconsistent with
the purpose of the conservation easement, to enforce the terms of the conservation easement, and
to place signs(or natural feature such as flagstone,rock or similar)on the property that identify the
lands as being protected by the conservation easement including recognition of Eagle County Open
Space partnership and contribution.
vi. The Conservation Easement shall acknowledge the importance of the Conservation
Property to the Gore/Eagle's Nest S2 bighorn sheep population (commonly known as the Vail
bighorn sheep herd) and shall require that all land management practices support continued use of
the area by this species.Any activities or uses inconsistent with these conservation objectives shall
be expressly prohibited under the terms of the Conservation Easement.
vii. The Conservation Easement shall refer to an approved land management plan that
addresses maintenance, enforcement, signage, rules and regulations, permitted uses and habitat
restoration or protection. The County will be given an opportunity to review and approve the land
management plan prior to approval of the Conservation Easement. After closing, the County
should be notified of any changes to the land management plan but the County's approval of such
shall not be required so long as the land management plan continues to adhere to the requirements
of the Conservation Easement. Notwithstanding the foregoing, the land management plan,
including any amendments thereto,will address signage that recognizes the County's participation
and the County's approval for such signage must be requested prior to its installation.
viii. The Conservation Easement shall provide the County with notice and approval rights in
connection with any assignment, merger, modification, amendment or dissolution of the
conservation easement at least 90 days before any such action is made final. In the event the Land
Trust and the Town opt to assign, merge, modify, amend or dissolve the Conservation Easement
over the County's objection, which the County shall have the right to in its sole and exclusive
discretion,the County shall be entitled to a full refund of the Open Space Funds. Such refund shall
be made by the Town within 10 days of any such assignment,merger,modification amendment or
dissolution without the County's approval.
ix. The Conservation Easement shall contain appropriate hold harmless provisions in favor of
the County.
x. The Conservation Easement shall contain the terms set forth in Exhibit C, attached hereto
and incorporated herein by this reference.
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6. Miscellaneous Provisions.
a. If any part,term,or provision of this Agreement is held by a court of competent jurisdiction
to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations of the parties
hereto shall be construed and enforced as if the Agreement did not contain the particular part,term
or provision held to be invalid.
b. Nothing in this Agreement is intended to create or grant to any third party or person any
right or claim for damages or the right to bring or maintain any action at law.
c. No party hereto waives any immunity at law including immunity granted under the
Colorado Governmental Immunities Act.
d. This Agreement is intended as the complete integration of all understandings between the
Parties and constitutes the entire agreement between the parties hereto.
e. This Agreement may be changed or modified only by written agreement of the parties.
f. Subject to the approvals that are required as set forth herein, the Parties hereto represent
that all funds necessary for compliance with the terms of this Agreement have been or will be
budgeted,appropriated,held in trust,and/or otherwise made available in accordance with the terms
hereof.
g. Any notices or other communications required or permitted to be given hereunder shall be
given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention of
the individuals below, or to such other addresses as any party designates by written notice. Notice
shall be deemed given on the date of personal delivery or electronic mailing, or five(5) days from
the date of mailing by U.S. mail.
Notice to Eagle County: Marcia Gilles, Open Space and Natural Resources Director
PO Box 850
500 Broadway
Eagle, CO 81631
marcia.gilles@eaglecounty.us
Notice to Town of Eagle: Kristen Bertuglia, Environmental Sustainability Director
75 South Frontage Rd
Vail, CO.81657
KBertuglia@vailgov.com
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h. The recitals set forth above are incorporated herein by reference.
IN WITNESS WHEREOF,this Agreement is executed and entered into the day and year first
above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By:
Jeanne McQueeney, Chair
Attest:
By:
Becky Close
Clerk to the Board
TOWN OF VAIL, COLORADO,By and Through its
TOWN COUNCIL
By:
Travis Coggins, Mayor
Attest:
By:
Town Clerk
Docusign Envelope ID:BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
EXHIBIT A
Legal Description-Conservation Property
"Parcel 1":
Vail Village Filing 13 Tract C,Recorded November 10, 1992 at Reception No. 121932, Eagle
County,Colorado;and
"Parcel 2":
Vail Village Filing 12 Tract A,Recorded November 10, 1992 at Reception No. 121932, Eagle
County, Colorado; and
"Parcel 3":
East Vail Workforce Housing Subdivision Lot 1, Recorded October 12, 2017 at Reception No.
201719746, Eagle County, Colorado; and
"Parcel 4":—
East Vail Workforce Housing Subdivision Tract A,Recorded October 12, 2017 at Reception No.
201719746, Eagle County, Colorado.
Docusign Envelope ID: BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
EXHIBIT B
Map of Conservation Property
Legend Bighorn Preserve
Q Property BoorWnry r Bureau of Lona
f I W Iderrest Areo Marwyen+nrt
F VLT Cone.vatroo State lane (Parcel 1 4)
ma F%•crpert+rt Faevt Berate
Other kon.Profit
-Comcreatlon — Natrona:Forest
P•opert+es t`!Service Boundary
0
Miles
12/2/2024 1:24,000
Parcel 1 A
Parcel 2
' V
`---J Parcel 3
Parcel 4
o� I
Landscape context of the project property illustrating its location within the United States Forest
Service boundary.
Eagle Valley Land Trust I P.O. Box 3016 I Edwards,CO 81632 1970-748-7654 I www.evlt.org
Docusign Envelope ID: BAEODE29-5B6B-4F98-AFE0-3387C8B6C799
Exhibit C
Conservation Easement Terms
Prohibited or Restricted
(1) Residential, Retail, Commercial or Industrial Activity. No residential, commercial, industrial
or retail uses shall be allowed on the Property.
(2) Recreational Uses/Trails: The primary purpose of this conservation easement is for bighorn
sheep, bighorn sheep habitat, and other wildlife habitat protections. No activities shall occur on
these properties that would be to the detriment to the wildlife using these properties. This shall
include impacts to their habitat, movement, solitude, etc. General recreation, developed or
dispersed, and domestic animals, livestock or pets are prohibited. Grantor may not construct or
establish any trails on the Property. In the event of any illegal trail establishment, Grantor shall
remove trail(s) and restore vegetation.
(3)Wildlife Disturbance or Harassment. Public snowmobiling or off-road vehicle use is
prohibited. Harassment of wildlife by people or domestic animals is prohibited.
(4) Surface Disturbance. Any new alteration to the surface of the land, including without
limitation, the movement, excavation, extraction or removal of soil, sand, gravel, rock, peat and
sod, or any natural watercourse, riparian area, or wetland, is prohibited. Surface disturbance
associated with existing improvements or resource management shall be permitted with
Grantor's notice.
(5)Non-native Species. The Grantor shall not introduce any non-native plant or animal species.
(6) Subdivision. The division, subdivision or de facto division of the Property, physically, or by
legal process, including partition, or by any other action(including entering into any lease or
other agreement) is strictly prohibited. The Property shall be conveyed only in their entirety, and
in a unified title as one (1)parcel only.
(7) Roads. The Grantor shall not construct any roads.
(8) Motorized Vehicles. The Grantor shall not use or allow the use of vehicles on any part of the
property subject to the easement, except vehicles used only for property management purposes
limited to resource management. Any portion of the Property disturbed due to the use of motor
vehicles shall be restored to a condition as close to its original condition as reasonably
practicable.
(9) Dumping. Trash, debris, ashes, sawdust, and other non-compostable refuse may not be
dumped or otherwise disposed of on the Property.
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(10)Utilities. Except as allowed under existing utility easements, or under any additional utility
easements that may be taken pursuant to an exercise of eminent domain, no new utility
transmission lines shall be constructed or allowed on the Property.
(11) Timber Harvesting. The Grantor does not have the right to harvest timber on the Property.
(12) Raptor Nests. The Grantor will not cut or disturb any trees or other vegetation within 300
feet of any active raptor nest during the nesting season, or remove any crown trees or overstory
vegetation within 300 feet of any active raptor nest at any time. However, diseased trees may be
cut down and removed during the non-nesting season to abate infestations.
(13) Signs and Billboards. The Grantor will not construct, maintain, or erect any signs or
billboards on the Property. Small signage may be displayed to state that the Property is protected
by a Conservation Easement, which will recognize Eagle County Open Space's contribution
towards the Project. The County shall have the right to approve all signage before placement.
(14)Hazardous Materials. The storage, dumping or other disposal of toxic and/or hazardous
materials or of non-compostable refuse on the Property is prohibited.
(15)Water Pollution. The material degradation or pollution of any surface or sub-surface water
on the Property is prohibited.
(16)Hunting. Grantor shall not allow or permit any hunting on the property.
(17) Wildlife management techniques, as defined and practiced by the Colorado Parks and
Wildlife (CPW), should be allowed to occur on the property if the goal and priority is to enhance
the wildlife values of the property and to better manage the wildlife species. Emphasis should be
on the bighorn sheep. Any wildlife management practices proposed to occur on these parcels
should be evaluated and approved by the partners (Town of Vail, Land Trust, and CPW).
Reserved Rights
Grantor shall conduct the uses listed below in a manner consistent with the Purpose, pursuant to
Grantor's Notice and Grantee's Approval.
(1) Predators. The Grantor may control or allow for control of predatory and problem animals by
the appropriate use of legal control techniques. Wherever possible, all measures used for such
control shall be limited in their application to specific animals which have caused a threat to
persons or property; provided, however, that if it is not possible to identify a specific predatory
or problem animal or when historic data indicates that a sufficient threat exists, the Grantor may
use appropriate preventive control techniques.
(2) Hazardous Trees. The Grantor may remove trees that constitute a hazard to persons, property
or as a result of disease or insect infestation.
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(3)Weeds. Grantor has the responsibility to control weeds in a manner consistent with state
laws, subject to the following: (i) All control techniques shall be consistent with the labeled
instructions of the application materials which constitute the reasonable minimum necessary to
control and/or eradicate the weeds, and which reasonably minimize impacts on the Conservation
Values of the Property; (ii) Aerial application on of any control is prohibited; (iii) Weed control
may be through cultural, mechanical, biological or chemical methods, as appropriate for the
target weed species and that does not materially adversely impact any of the Conservation
' Values of the Property shall be deemed consistent with the purposes of this Easement.
(4) Fences. Grantor may maintain, remove, repair and replace existing fences and construct new
fences anywhere on the Property, provided that the replacement of existing fences or any new
fencing is wildlife friendly, and the location and design of any new fences shall facilitate the
movements of wildlife across the Property and are otherwise consistent with the Purpose.
(5)Wildfire and Fire Mitigation. In the event of a wildfire, any and all methods of extinguishing
the fire are permissible. The proximity of the Property to the Wildland Urban Interface (WUI)
does mean that from time to time mitigation operations, via mechanical or prescribed fire, may
be necessary to deploy as a means to abate threats to person or property and maintain fire breaks
to change on-the-ground fuel load conditions, such operations that do not materially adversely
impact the Conservation Values of the Property shall be deemed consistent with the purposes of
this Easement. Fire mitigation activities shall be conducted with the coordination and approval of
the TOV and the Land Trust.
(6) Educational Programming. As long as the educational experience is consistent with the
purpose of the conservation easement, with permission from the Town and the Land Trust ,
affiliates may conduct limited educational visits for the purposes of the demonstration of healthy
habitat, wildlife, and open space program education, so long as any such educational
programming is consistent with the purpose and is tailored to avoid all disturbance and impacts
to wildlife and wildlife habitat.
