Incidental Take Public Notice:

Proposed Moss-American Superfund - Reaches 2 & 3

Proposed Incidental Take Authorization for Reaches 2 and 3 of the Moss-American Superfund project, Milwaukee County, Wisconsin.

The Department of Natural Resources proposes to authorize the "incidental taking" of the state threatened Butler's gartersnake (Thamnophis butleri) resulting from the remediation of a former wood-treating facility along the Little Menomonee River in the City of Milwaukee, Milwaukee County. Kerr-McGee Chemical, LLC plans to perform a remediation and restoration of approximately 6 miles of the Little Menomonee River, from just south of West Brown Deer Road to the confluence with the Menomonee River 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 Reaches 2 and 3 only of the project, including approximately 2.24 miles of the river between West Bradley Road south to Highway 145. Authorization for Reach 1 of this project was approved on September 28, 2002.

Surveys conducted for Butler's gartersnakes through June and July 2003 confirmed the presence of the snake throughout both reaches of the river. The Department has determined that the proposed remediation project within Reaches 2 and 3 are 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 for the Butler's Gartersnake [PDF 82KB]