Incidental Take Public Notice:

Proposed Mitchell Park

The Department of Natural Resources proposes to authorize the "incidental taking" of the State-Threatened Butler’s gartersnake <(Thamnophis butleri)> resulting from the construction of the Mitchell Park Bike and Walking Trail Project, which includes the Fox Brook Park Connector Trail and the Mitchell Park Scenic Loop Trail, in the City of Brookfield. The project area includes habitat that is part of a significant conservation (Tier 3) site for Butler’s gartersnake.

The proposed project will connect the new trail segments with existing trails within Mitchell Park, provide educational opportunities and will connect Mitchell Park to Fox Brook Park. It will include paved trails, boardwalks over wetlands, and a bridge over the Fox River. The trails involve the construction of two segments totaling 8,972 feet; the Fox Brook Park Trail segment is 3, 291 feet and the Mitchell Park Scenic Loop Trail is 5,681 feet in length. Construction of these trails includes both temporary and permanent impacts to Butler’s gartersnake habitat.

Through the Incidental Take Consultation process, conservation measures were developed that include habitat mitigation, enhancement and restoration, and habitat protection through a preservation easement in both wetland and upland habitat. Areas that will be temporarily impacted during construction of the paved trail will be restored and reseeded with a native short grass prairie mix. Areas that will be permanently lost will be mitigated through the restoration of upland habitat that is not currently suitable habitat. These mitigation areas will be restored to suitable snake habitat at a 1:1 ratio and will be monitored and managed for five years to assure that the areas achieve the desired habitat conditions. This is to ensure that the project will result in no net loss of suitable habitat as required in the Butler’s Gartersnake Conservation Strategy.

The upland habitat preservation areas, enhancement areas, and restoration areas will be managed for perpetuity according to the long-term management habitat requirements for Tier 3 upland Butler’s gartersnake habitat to prevent the establishment of woody vegetation. The Department has determined that the proposed project has avoided to the maximum extent possible and will minimize impacts to Butler’s gartersnake by adhering to the conservation measures described within the Jeopardy Assessment and is not likely to jeopardize the continued existence and recovery of the state population of Butler’s gartersnake 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 on the DNR website at http://dnr.wi.gov/org/land/er/take/notices.html or upon request from Lisie Kitchel at the above address. Public comments will be taken through October 31st and should be sent to at the address above.

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

Information & Supporting Materials:
Mitchell Park Jeopardy Assessment [PDF 78KB]