Incidental Take Public Notice:

Proposed Menards Oak Creek Development

The Department of Natural Resources proposes to authorize the "incidental taking" of the state-Threatened Butler’s gartersnake (Thamnophis butleri) resulting from the expansion of the existing Menards Store in the City of Oak Creek.

The proposed development site is located east of US Route 41 and north of Ryan Road in the City of Oak Creek and contains the existing Menards store, a residential home and outbuildings, an existing stormwater pond and undeveloped land. The proposed site contains habitat suitable for the State-threatened snake that is part of a larger habitat patch determined to be of significant conservation value (Tier 3) for the snake, as defined by the Butler’s gartersnake Conservation Strategy (http://dnr.wi.gov/org/land/er/review/Butler/). Snakes have been confirmed within the habitat patch. The overall habitat patch includes approximately 38 acres of existing snake habitat, approximately 16.6 acres of which is within the Menards’ property boundary. The proposed project will eliminate approximately 5.8 acres of existing Butler’s habitat. An additional 2.9 acres will be temporarily impacted during construction and then restored to suitable habitat at the conclusion of construction activities.

Through the Incidental Take Consultation process, a snake conservation plan was completed that includes conservation and minimization measures to ensure the protection of the snake and the overall Tier 3 site. Impacts will be minimized by using snake exclusion fencing and time of year restrictions, by removing snakes from the construction zone to the non-construction zone on the same property, restoring and improving disturbed and existing habitat, and maintaining all remaining habitat as a permanent Habitat Preserve Area. Finally, permanent protection of the Habitat Preserve Area will occur through a conservation easement. At the conclusion of the proposed activities, the site will remain a permanently protected Tier 3 site as defined by the Butler’s gartersnake Conservation Strategy (http://dnr.wi.gov/org/land/er/review/Butler/).

The Department has determined that the proposed projects will minimize the impacts to the snake by adhering to the conservation measures described within the Conservation Plan; are not likely to jeopardize the continued existence and recovery of the state population of these snakes or the whole plant-animal community of which they are a part; and has benefit to the public health, safety or welfare that justifies the actions.

Copies of the jeopardy assessment and conservation measures are available below or upon request from:

Information & Supporting Materials:
Jeopardy Assessment and Background Information [PDF 23KB]