Incidental Take Public Notice:

Proposed Marketplace Triangle and McLario Developments

The Department of Natural Resources proposes to authorize the "incidental takings" of the state-Threatened Butler's gartersnake (Thamnophis butleri) resulting from two separate developments proposed by Fussville Real Estate Holding, LLC and Fussville Development, LLC. The 29.5-acre Marketplace Triangle is located at the northwest corner of the intersection of STH 175 and Good Hope Road, in the southwest quarter of Section 13, Township 8 North, Range 20 East. The 35-acre McLario development is located just south of the above intersection on the west side of STH 175, in the northwest quarter of Section 24, Township 8 North, Range 20 East. Both sites are located in City of Menomonee Falls, Waukesha County.

Snake surveys and habitat assessments were conducted for each and snake presence was confirmed for both sites. The Marketplace Triangle site contains over 20 acres of suitable habitat and over 100 snakes were confirmed. As a result, a snake conservation plan was completed and involves a number of conservation and minimization measures to ensure the immediate protection of the snake and long-term conservation measures including habitat management and a conservation easement. The McLario site includes less than 3 acres of suitable snake habitat and only 4 snakes were found as a result of the surveys. This site is considered to provide only minimal conservation value and no additional conservation measures are required.

Through the Incidental Take Consultation process, Fussville Real Estate Holding, LLC and Fussville Development, LLC have modified project plans as appropriate and under the direction of the DNR to avoid and minimize potential take of the snake. Snake assessments were completed for both projects. The Department has determined that the proposed projects will minimize the impacts to the snake by adhering to the conservation measures; 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 84KB]