Well, the Wallace's are still trying to keep the public out of their Gravel Pits off Mandy rd. They continue to lock the public out during weekends and evenings. I couldn't believe what I was hearing the owner tell me last night around 6 pm. This guy is way out of line and needs some straightening out by the state attorney general's office concerning the blocking of a state public easement to the our public waters.

It was hard for me to believe that these small-minded "good old boys" still think that they can BS the public forever. The owner now thinks that just because he has a "mining operation permit" that the federal laws now requires him to keep the public off his property unless they take a "special mining safety training course" by him. What a joke!

I asked him, do you really believe that a judge would agree with you on this BS? I ask him, what about all the public roads that go through places like the Hannaford sites, do think that everybody has to be trained on nukes before they can drive down the "public road"? He had no answer.

He also thinks that just because he has already mined the original entire 60-foot wide easement that runs for hundreds of yards along his pit, that its now WDFW responsibility to put in an all new road, rest rooms, and trash pickup. I told him I couldn't believe that he was that foolish to think that even in Lewis County that he could think that he could find a judge that dumb that would agree with him. I told him to just stop and think about it for a minute. You sold the easement along with the Olequa boat ramp easement in the early 1970's for $43,000. You now mined almost the entire easement area at this site, and now you think that WDFW will be the ones who pay for it, and jump right in and rebuild a new road and parking lot because you took the easement road away!

He still didn't quite get it. I then asked him why he felt that he could get away with such a ridiculous scenario. He told me because it was in their (WDFW) contract. I ask him if he would show me the contract so that I could get a better understand of his point of view. After quickly reading through it, it became apparent to me that this person was totally ignorant of legal document language. After much more debate, he offered to supply me with a key to his gate. I told him that would be great foe "me", but what about the next guy that wants to use the WDFW public easement, will you also give him a key too? You know what his answer was…No, he will not get a key and he will have to park out side the gate and walk the half-mile in if he wants to use the easement.

I then repeated to him again, If WDFW only wanted the public to have only foot access, why did they specifically purchased the haft acre area at the end of the easement for a "parking lot area" Even the owners own original easement and sale agreement call it a "parking lot area". This guy really needs to be put back in line ASAP.

I don't mind leading this battle for the public, but it sure wouldn't hurt if a few other fishermen could make a simple phone call to Mr. Ray Croswell of the WDFW and just tell him "I want WDFW to insist that the "Wallace Gravel Pit" Public fishing access easement be fully enforced and that we be allowed to drive to the area that was designated for parking and that the private gate be left open for public access". You won't believe what a difference those few "other" phone calls will make in assuring that we "all" get access to this public fishing area. Please call Mr. Croswell at 360-906-6721. Odds are you will only get his answering machine, but please, leave him your message. It will make a huge difference.

In the mean time, if you go fishing at the Wallace Gravel Pit and they try to lock you in or lock you out, please call the Lewis County Sheriff at 740-9286. WDFW has sent the sheriff office a map that shows the easement. The case also has a case number# 0165448. The officer that filed the original report is Fred M. Wetzel. He knows the story! Don't let the Pit owner keep you from using your public access rights. Just call the sheriff and demand your right to enter. Its that simple!!!

Cowlitzfisherman

Is the taste of the bait worth the sting of the hook????

Cowlitzfisherman: The Mine Safety and Health Act (MSHA) is what all mining operations and Gravel pits are governed by. I have an intimate knowledge of mining law as it applies to safety and it pains me to tell you that Wallace's may have a point on this one when it comes to people accessing the pit. However, I also know that the Wallaces are as crooked as a dog's leg and that they themselves (as is the case with most non union pits) are in no way complient with MSHA rules and regulations. If MSHA were to ever come out to Wallace's Pit they would probably shut it down for all the safety hazards and violations that exist there, so I don't buy his "Safety" plea. As far as making a phone call or two, you can count me in. I'll call from work tomorrow and complain. Good Luck !

So should we stage a "fish in"??? Name the day and time and I'll be there. With the low water that has got to be a prime stretch of water for summer runs this year. Put my partner on his first steelie there out of my boat last July!!!
Good luck and tight lines, Jeff

I will make the call. Thanks for the work you have done on this. A Fish In sounds good to me. Name a date and I will be there.

Remember guys, Wallace made the "Mining operation" much larger sometime after June 21, 1990. That's 15 years AFTER he had already sold the easement and parking area to WDFW. After the time the easement was sold, the mining operation then expanded illegally and took possession of the easement. I even down loaded an aerial photo from Microsoft Terra Server Image page @ http/terraserver.homeadvisor.msn.com/imageasp?S=10&T=1&X=2528&Y=25695&Z=10&W=2 You can also see two of the FOC nets pens in the lake. I was personally involved in that project at that time. The mining operation had been stopped for years at that time, and that is why the Wallace's let the FOC use the pit for the next 4 years.

Even back in June of 1990, the easement roads and parking areas were clearly visible and were NOT in the old mining area. Also the road that has been used for the last 18 years or longer, still runs along side the PUD easement that runs all the way to and across the river. The owner even told me that after the 1995-96 floods, WDFW brought back in about 10 truck loads of fill and repaired the washed road along the power lines. I agree with you LittleZoZo about the mining laws, but when a mining operation illegally removed a public easement…all other rules become void! The action was after the fact. I am going down to the courthouse today and pull the entire file of what has been done at the site. I will let you all know when I get that information.

All Wallace has to do his fence the off the easement road area and the section behind his pit. The only problem is that Wallace also wants to use the same PUD easement road to bring his trucks in on. There is plenty of room at the gate area to provide for both. LittleZozo, I bet that you know the mining laws well enough to also know that somewhere in them it must state that it's a No-No to mine an easement or its illegal to mine on or near and area that is designated for public use. I realty appreciate your guys commitment to call Ray Crosswell of WDFW. I know it will speed up this process.

Thanks again guys,

Cowlitzfisherman


Is the taste of the bait worth the sting of the hook????

Cowlitzfisherman: Wallace is simply using MSHA law as a loophole and it is my opinion that it is probably a big No-No to mine an easement. However, I do not know for sure. If you have any questions you can always call the Seattle branch of MSHA, ask for James Rameriz. I'm sorry but I do not know the phone number... It is in information though. Good luck,dude. Go a head and fire me a E-mail if there is any thing at all that I can do to help with the whole process. Good Luck !!!!!!!!!

Good Job Cowfisherman I made the call.

Thanks again guys for making your phone calls to Ray Croswell. Their is power in the many!

Good job!

Cowlitzfisherman
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Is the taste of the bait worth the sting of the hook????