The HPA (Hydraulic Project Approval) was modified (to allow activity between 10/12/01 - 11/15/01) in order that work could be performed during spawning/rainy periods. (An HPA authorizes temporary activities to ESA streams/waterways which use, obstruct, divert or change the bed or flow of state fresh and marine waters, require that a HPA permit be issued by WDFW.)

Per Mark Wenger of the Washington Department of Fish & Wildlife (WDFW), the modification was "necessary" because, "Otherwise he [York] wouldn't have been able to get it done this year." Mr. Wenger said it would have been okay if he [York] could have done it with BMP's (Best Management Practices, which control silt and runoff into sensitive ecological areas; in this case, the much-besieged Winter's Creek.)

The bottom of Winter Creek is silted, but Mr. Wenger did not appear concerned. Mr. Wenger said there was "never any gravel on the bottom," therefore it is not a spawning area. Upon further questioning as to why there was no or little spawning going on because of the absence of gravel in the creek bed, Mr. Wenger then said the silting wasn't from Garth York's construction of the culvert, but was "due to all the construction around there."

I asked him why he gave carte blanch for construction during this sensitive time of year, considering Sultan's track record for environmental violations. He said the culvert installation "looked okay." {According to first-person accounts we received, the entire area was a muddy morass. But by the time Mr. Wenger got on the scene, it had apparently been cleaned up.] Mr. Wenger said, "I'm not sure what people expected me to do, or think I should have done," and "My only beef [with York] is that when he diverted the stream he didn't put it through a silt fence or buffer." I suggested that oversight of a project like this may have been indicated, again, considering Sultan's past violations. He then indicated that Mr. York's project was not his biggest problem. When I asked Mr. Wenger to elaborate on that comment, he said, "York's the least of my concerns/problems in Sultan." Asked him what other concerns he has. He said, "The city in general," and "any large development."