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July 21, 2000 Lee Van Tussenbrook, Regional Director Dear Lee, I write with some concern over the proceedings of a particular issue on Silver Lake that involved my constituent, Mr. Bob Evans. I remind the department that Silver Lake had grass carp introduced several years ago, all in hopes of dealing with excess vegetation that threatened the lake's very survival. That same vegetation also served as a natural buffer to protect the shoreline of Mr. Evan's property. Once the shoreline was cleaned, Mr. Evans' property began to dramatically disappear. Upon the unfortunate breaching of Silver Lake dam a year ago, Mr. Evans began the tedious process of protecting his property. He began by building a small wall that he hoped would keep his shoreline intact as much as possible. Sadly, he did not realize the bureaucratic maze that is government and failed to obtain the proper permits. I note that several residents of Silver Lake made similar and numerous repairs to their property and structures during this traumatic periods without the same permits. Nonetheless, he has attempted to make right the wrongs of this particular project. My concern is over several things that have evolved in this case and on Silver Lake. First, and foremost, the lake is being treated as if it were true salmonid habitat. This simply cannot be true. I know Silver Lake...I fish it, hunt it, and boat on it. I call it, in so many ways, my second home. It bewilders me as to how the Department can list Silver Lake as a warm water lake on its website, only to turn and declare it a significant steelhead run when repairs are needed on structures surrounding its banks. I am, like many who fish the lake, perplexed at our supposed ability to catch warm water catfish, sun perch, and bass along with endangered steelhead. Secondly, although I realize that your job is to protect the state's wildlife, it does not excuse the behavior of overzealous employees. When Silver Lake's water level was low, following the breach of the dam, I received numerous phone calls from concerned residents about one particular employee "spotlighting" property and homes late at night in search of non-permitted work on their shorelines. This practice is inexcusable and should not be tolerated by your department, no matter what the situation. This letter is, as much of anything, to vent my frustration at the same agency I try so hard to defend. I believe in what you do, but the seemingly endless complaints I have received over the past year about Silver Lake...not to mention Mr. Evans' unfortunate situation...prompt me to call for a review of the designation of Silver Lake as a warm water lake and to review the "people skills" of those individuals in your agency who seem to thrive on controversy and authority. I appreciate the willingness of the Department to change for the better over these past months. I hope I have helped to contribute to positive change as a senior member of the House Natural Resources Committee. I cannot, however, allow Mr. Evans and unnamed others on Silver Lake to go without a significant voice expressing their concerns. Sincerely, John E. Pennington
Following is the department's response to Representative Pennington's letter:
August 21, 2000 The Honorable John E. Pennington Dear Representative Pennington: Thank you for your letter of July 21, 2000 regarding constituent issues on Silver Lake. As you are aware, the agency has fully engaged staff providing technical assistance for the dam repair and provided guidance to landowners around the lake for personal dock repairs. We also worked closely with Cowlitz County on funding for the repairs and continue to work on operational issues of the dam, to include needs for warm water and Endangered Species Act listed anadromous fish. In your letter, there were several issues raised regarding Mr. Evans, a landowner on the lake. The issues appeared to be violations due to Mr. Evans' oversight to obtain permits. I promptly asked our habitat manager, Mr. Rich Costello, to conduct a site visit with you and others to see if this could be resolved. After careful analysis, it became apparent that several enforcement actions were already moving forward complicating resolution. We agree that it is extremely unfortunate that he performed the work without the necessary hydraulic, county shoreline or Corps of Engineers permits that are geared to protect fish life. Habitat staff in the area assisted several land owners with technical advice and mitigative permits while the dam was under repair. For some unknown reason, it appeared that Mr. Evans did not get all the necessary help and advice during that time. I have asked staff to carefully consider situations such as these in the future to avoid future enforcement action. Technical assistance and customer service that helps our citizens protect fish and their property should be a number one priority. In this instance, once the enforcement actions were moving forward, it was too late to rectify. Your point about employee behavior has also been noted and we are taking actions to prevent those issues in the future. Your points regarding fish unitization in the lake are generally correct. Silver Lake has for decades been an extremely productive warm water species lake. Fish management staff have also planted rainbow trout in the lake for recreational fishers as well. For some time, anadromous fish, primarily coho and winter steelhead, have also occupied habitat in Hemlock and Sucker creeks, tributaries that feed the lake. These populations are small and fish have to navigate through the lake as adults and as migrating juveniles. With a population this small in a large body of water such as Silver Lake, knowing that these fish may also inhabit small streams during most of their life cycle and that they migrate through the lake quickly, may account for most people not seeing or encountering these fish. I would suggest that even though these populations of fish may be meager, the fish that are produced have to run a gauntlet of predators and conditions. They may be one of the most fit wild survivors in the region. I sincerely appreciate your comments, concerns and continued support. As always, regional staff have been charged to deliver the best possible service to the public. In the future, I reinforce that commitment to improve on that service and avoid these unfortunate situations. Your comments, concerns and issues will be brought to the attention of our leadership. Sincerely, Lee Van Tussenbrook
cc: Jeff Koenings, WDFW Director
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