Incidental Take Public Notice:

Proposed Meridian Germantown LLC - Wal-Mart Project

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 Wal-Mart store in Germantown, Washington County.

The proposed Wal-Mart retail development site is located southwest of State Highway 175 (STH 175) near the junction with Maple Road in the Town of Germantown and will include roads, parking lot and other supporting infrastructure. 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 33.25 acres of existing snake habitat, approximately 10.56 acres of which is within the Wal-Mart property boundary. The proposed project will eliminate approximately 0.34 acres of existing Butler’s habitat. An additional 2.26 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, restoring and improving disturbed and existing habitat, and maintaining all remaining habitat as a permanent Snake Conservancy Area. Finally, permanent protection of the Snake Conservancy 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.

The Department has determined that the proposed project 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 the snake or the whole plant-animal community of which it 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 21KB]