Incidental Take Public Notice:

Proposed Moss American Superfund Site - Phase 4

The Department of Natural Resources proposes to authorize Kerr-McGee Chemical, LLC for the "incidental taking" of the state threatened Butler’s gartersnake (Thamnophis butleri) resulting from the multiphase remediation of a former wood-treating facility along the Little Menomonee River in the City of Milwaukee, Milwaukee County. The project area includes the stretch of the Little Menomonee River extending from West Leon Terrace to West Mill Road in Milwaukee County. The contaminant source was the former wood-treating facility on the Little Menomonee River south of West Brown Deer Road. The proposed Authorization for Incidental Take is for Reach 4 only. Incidental Take of the Butler’s gartersnake for Reaches 1 through 3 of this project was previously authorized.

The Butler’s gartersnake is known to occur within the project area. A Conservation Plan was developed that provides for avoidance and minimization measures including snake removals, snake fencing, and post-construction habitat restoration and monitoring. The Department has determined that the proposed remediation project within Reach 4 is likely to result in the incidental taking of some state-threatened Butler’s gartersnakes. However, the Department has concluded that the proposed project will minimize the impacts to the snake by adhering to conservation measures; is 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 action.

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

Information & Supporting Materials:
Jeopardy Assessment and Background Information [PDF 13KB]