Incidental Take Public Notice:

Proposed Spencer's Pass Residential Development

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 a residential subdivision in the Village of Menomonee Falls. The proposed development site is located on two parcels in the south half of Section 29, T8N, R20E, on the north side of County Route VV. Most of the approximately 83-acre site is currently in active agriculture. A large wetland complex is located north of the property and contains habitat of Significant Conservation Value (Tier 3) for the Butler’s Gartersnake. A small wetland swale with poor quality Butler’s habitat extends into and crosses the western parcel of the proposed project site and leads to a small wetland with additional poor quality habitat on adjacent property between the two parcels. The northern most part of the eastern parcel includes a small area of poor quality Butler’s habitat.

One acre of habitat will be destroyed as a result of the construction of a stormwater detention basin and an access road that will cross the drainage swale. The roadway will also isolate 2.5 acres of poor quality habitat from the larger habitat patch. 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. To mitigate the loss of 3.5 acres of existing habitat, 4.3 acres of new suitable snake habitat will be created and 2.4 acres of existing poor quality habitat will be improved. This additional 6.7 acres of new or improved habitat is immediately adjacent to the Tier 3 habitat patch and of greater conservation value than that which is proposed to be lost. In addition, impacts will be minimized by using snake exclusion fencing and time of year restrictions, by 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.

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 19KB]