LEGALS- October 21, 2020

FERNDALE

ADVERTISEMENT FOR BIDS

Project Name: Courthouse Renovation and Addition
Bid Date: November 4, 2020, Wednesday – 11:00 AM
Pre-Bid Meeting: October 26, 2020, Monday – 1:00 PM
Architect: RMC Architects, Bellingham, WA
Arch Estimate: $300,000 to $500,000 (including sales tax)
NOTICE IS HEREBY GIVEN by THE CITY OF FERNDALE that electronic .pdf copies of bid proposals will be received by the City of Ferndale via email to [email protected] until 11:00 AM, Wednesday, November 4, 2020 for the Municipal Court Renovation and Addition. The opening and reading of the bids will then be live streamed via Microsoft Teams for the “FERNDALE COURTHOUSE RENOVATION AND ADDITION”. Live stream information can be found on the City of Ferndale’s project website at https://www.cityofferndale.org/public-worksdepartment/capital-projects/city-annex-and-court-improvement-project/. Hard copies matching the electronically delivered bid proposals must be received via U.S. Mail attn: Ferndale Public Works Dept., Courthouse Renovation & Addition Bid, PO Box 936, Ferndale, WA 98248; (360) 384-4006 no later than Tuesday, November 3, 2020 at 5:00pm. The Project involves the proposed new and renovation construction work per the contract documents.
There will be a non-mandatory, pre-bid site walk for the Project held at 1:00 PM, Monday, October 26, 2020, at the site, 5694 Second Avenue, Ferndale, WA 98248. Contractors/Bidders will need to register for participation with the City.
Bid Guaranty
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond and payment bond both in an amount of 100 percent (100%) of the contract price within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Ferndale. All bidders and subcontractors shall have a contractor’s license to work in the State of Washington and a City of Ferndale Business License before starting work. All work performed on this project will be subject to prevailing state wage rates.
Project Documents
Maps, plans, and specifications may be obtained electronically from the Ferndale Public Works
Department, via download on the City of Ferndale website at
https://www.cityofferndale.org/public-works-department/capital-projects/city-annex-and-courtimprovement-project/. If you download the bid documents, you are required to contact the City via email at [email protected] to be added to the plan holders’ list.
The City of Ferndale in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City of Ferndale is an Equal Opportunity and Affirmative Action Employer. Minority and Women-Owned firms are encouraged to submit bids.

Published October 14 & 21, 2020

NOTICE OF PUBLIC HEARING

The City of Ferndale City Council will hold a public hearing to consider the proposed zoning text amendment described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
Notice is hereby given that the City of Ferndale is holding a virtual/telephonic Public Hearing by the City Council beginning at 5:00 p.m. on Monday, November 02, 2020. The public is highly encouraged to view and/or attend the meeting by: 1. Clicking this link: www.cityofferndale.org/your-government/city-council/ (or copy the URL and paste into a web browser) and then click on the November 2, 2020 Agenda then remote meeting notice and click on the link to join the meeting in the notice. or 2. Call-in when the Mayor announces the opening of the public hearing 360-685-2367 3. In-person at 5694 Second Avenue. In person attendance will be limited to 5 members of the public. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice or to receive the link by email please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2359.
DATE OF NOTICE: October 21, 2020
APPLICANT: City of Ferndale
PROJECT LOCATION: City-wide (multiple zones)
PROJECT DESCRIPTION: The City proposes to formally repeal Ferndale Municipal Code (FMC) 18.36 Multifamily Dwelling Units (RM 1.5) and all associations to RM 1.5 with the Ferndale Municipal Code, add a reference to the “setback” regulations within the Single-Family Residential Zone to cite special setback requirements in FMC 18.72.040, and offer administrative flexibility with the minimum required density in the RMH Zone.
REQUESTED ACTION(S): The applicant requests approval of the zoning text amendment from the City Council.
PUBLIC COMMENT PERIOD: October 21, 2020 – November 02, 2020
CONTACT: Haylie Miller, Community Development Director
Public Comment: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
City Hall: 2095 Main Street Ferndale, WA 98248
Phone: (360) 685-2367

Published October 21, 2020

NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE

The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Francine St. Laurent, AVT Consulting LLC
APPLICATION NUMBER (S):
20002-PP, 20005-SE, 20002-CUP
DATE OF APPLICATION(S):
20002-PP (07/02/2020), 20005-SE (07/16/2020), 20002-CUP (07/31/2020)
PROJECT LOCATION: The subject property (“the property”) is located at 2850 Nubgaard Road, parcel 390124 348352 0000, SW NE-EXC S 12 ACRES THEREOF. The 27.5-acre property is generally located north of Mountain View Road and south of Thornton Road and lies between the eastern terminus of Chloe Lane and the western terminus of Sievers Way.
PROJECT DESCRIPTION: The applicant proposes to develop, through the long plat process, a subdivision of up to 92 lots on a 27.5-acre vacant lot. Sievers Way and Chloe Lane will be extended onto and through the property. Future road connections will be provided along the north south property line for potential future connection to Nubgaard Road (south) and Bender Park (north).
A trail along the northern property line will connect existing trails to the east with Bender Park and Public schools and provide pedestrian connectivity to the sidewalk network withing the plat and adjacent properties. A centrally located 29,743 SF park tract is proposed within the development.
Civil improvements will include new public roads with curb, gutter and sidewalk and water, sewer and storm improvements.
The applicant proposes fill wetlands and reduce buffers using a compensatory mitigation approach.
The development will include up to two single-family attached duplexes, which require a conditional use approval.
The subdivision proposal to create up to 92 lots requires preliminary plat approval.
Fill and grade activities proposed for the project exceeds the minimum threshold of 1,000 cubic yards of fill and grade and exceeds 30 dwelling units – therefore a SEPA review is required.
A public hearing will be noticed at a future date.
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A:
Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD:
October 21, 2020 – November 4, 2020
CONTACT:
Haylie Miller, SEPA Administrator
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Conditional Use Permit, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
4. Building Permits, City of Ferndale
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process. In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH: During construction, the contractor will install all appropriate measures and Best Management Practices (BMPs) will be in place to prevent erosion as required by the City of Ferndale, including mechanisms such as silt fences and straw waddles that are designed to capture sediment. Compliance with the City’s Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization is required.
AIR: Erosion and sediment control best management practices will be used during construction. Spraying the disturbed soil with water will limit the amount of dust. Idling of work vehicles will be reduced or eliminated.
WATER: Contractor will implement Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and construct an engineered storm water management system designed to meet current Department of Ecology manual requirements.
The applicant will comply with all applicable City, Corps and Ecology regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
ENERGY AND NATURAL RESOURCES: All residential units constructed in the project will meet Washington State Energy Code requirements.
ENVIRONMENTAL HEALTH: All construction activities will be limited to daylight hours, generally between 7 am and 10 pm.
Any potential spills during construction activities and subsequent daily use will be addressed immediately in accordance with City of Ferndale and Washington State Department of Ecology standards and requirements.
Any hazardous materials onsite during construction or as part of subsequent daily use must be stored in accordance with adopted State and local regulations. The City reserves the right to require that the quantity and type of materials be identified.
Construction equipment will be closely monitored when onsite to identify any possible leaks.
PLANTS: Landscaping improvements will conform to City of Ferndale standards.
ANIMALS: Preserve existing vegetation by limiting clearing to areas necessary for construction.
LAND USE AND SHORELINE: The project is compatible with the existing land use classification. It is an extension of the existing uses (residential) surrounding the site.
RECREATION: The development will have sufficient common useable space. Compliance with the City’s Parks, Recreation and Trails Master Plan is required. A public trail is required to be constructed Along the northern property boundary as shown on the site plan. A separate public access easement shall be provided for the trail. Park Impact fee credits will be issued for the trail construction.
TRANSPORTATION: Payment of traffic impact fees. Access roads will be constructed to City standard. A traffic impact analysis shall be reviewed and approved by the City prior to site plan approval. Off-site improvements will be determined (if applicable) during the review of the traffic impact analysis.
PUBLIC SERVICES:
Water, sewer, and stormwater infrastructure will be constructed to city standards; payment of water and sewer connection fees are owed.
LIGHT AND GLARE: Outdoor lights will be directed downward.
PUBLIC SAFETY: Provision of fire protection infrastructure per Fire District Requirements; traffic control during construction shall be coordinated between the applicant, Ferndale Public Works Department and the Ferndale Police Department.
CULTURAL RESOURCES:
Inadvertent Discovery of Archaeological Resources: Should archaeological resources (e.g. shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).

Published October 21, 2020

NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE

The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: David Braithwaite
APPLICATION NUMBER (S): 19002-CAT, 19017-SE
DATE OF APPLICATION(S): September 01, 2019
PROJECT LOCATION: The vacant project site is zoned City Center, addressed as 0 Alder Street, Parcel Number 3902290315250000.
PROJECT DESCRIPTION: The applicant (David Braithwaite) proposes to construct a five-story mixed use building consisting of up to 34 residential condominium units and 10,435-square feet of commercial lease space. The applicant proposes to include a public rooftop area with landscaping, a living-wall, art features, a public parklet on Alder street and full street frontage improvements on both sides of Alder Street, creating additional public parking and pedestrian connectivity. The project also includes associated infrastructure improvements related to water, sanitary sewer and stormwater.
The project is currently eligible for impact fee waivers, subject to the conditions outlined in FMC 18.48, Downtown Catalyst Incentive Program and subject to conditions identified by the City under the Catalyst Permit number 19002-CAT.
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: October 21 – November 4, 2020
CONTACT: Haylie Miller, SEPA Administrator
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Land Disturbance Permit, City of Ferndale
3. Building Permit, City of Ferndale
4. Binding Site Plan, City of Ferndale
5. Site Plan Review Application, City of Ferndale
6 NPDES, and Construction Stormwater General Permit Ecology
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process. In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH: During construction, the contractor will install all appropriate measures and Best Management Practices (BMPs) will be in place to prevent erosion as required by the City of Ferndale, including mechanisms such as silt fences and straw waddles that are designed to capture sediment. Compliance with the City’s Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization is required.
Compliance with City Floodplain Regulations.
Outside materials and storage shall be minimized and shall be placed in an area or at an elevation that will prevent leaks, contamination, or additional debris from entering the floodplain during a flood event.
AIR: Erosion and sediment control best management practices will be used during construction. Spraying the disturbed soil with water will limit the amount of dust. Idling of work vehicles will be reduced or eliminated.
WATER: Contractor will implement Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and construct an engineered storm water management system designed to meet current Department of Ecology manual requirements.
The applicant will comply with all applicable City, Ecology and FEMA floodplain regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
PLANTS: The site development will incorporate landscaping plans per City of Ferndale regulations. The project will include plants and shrubbery as shown on the approved site plan. There will be a rooftop garden area.
ANIMALS: Mitigation plantings and maintenance of open space
ENERGY: The project will be built to modern emission standards.
NOISE: All construction activities will be limited to daylight hours, generally between 7 am and 10 pm.
ENVIRONMENTAL HEALTH: Any potential spills during construction activities and subsequent daily use will be addressed immediately in accordance with City of Ferndale and Washington State Department of Ecology standards and requirements.
Any hazardous materials onsite during construction or as part of subsequent daily use must be stored in accordance with adopted State and local regulations. The City reserves the right to require that the quantity and type of materials be identified.
Construction equipment will be closely monitored when onsite to identify any possible leaks.
LIGHT AND GLARE: All parking and loading will occur behind (to the west of) the building.
LAND AND SHORELINE USE: The project will comply the Urban Residential Zoning Regulations.
HOUSING: Payment of applicable storm, park, traffic, and school impact fees. Payment of water and sewer connection fees. Note: the Catalyst Incentive Program allows for a waiver of administrative, impact and connection fees.
AESTHETICS: The proposed building design includes architectural details on the street-facing facades and will include landscaping around all new buildings and throughout the development.
LIGHT AND GLARE: Landscape buffering will be added as necessary and lighting will be downward facing.
RECREATION: Compliance with the City’s Parks, Recreation and Trails Master Plan is required.
TRANSPORTATION: Frontage and road improvements as shown on the approved site plan and as determined upon the review of the traffic impact analysis.
CULTURAL RESOURCES: Inadvertent Discovery of Archaeological Resources:
Should archaeological resources (e.g. shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).

Published October 21, 2020

NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE

The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: David Braithwaite
APPLICATION NUMBER (S): 19001-CAT, 19016-SE
DATE OF APPLICATION(S): September 01, 2019
PROJECT LOCATION: The project site, zoned City Center Zone, is located on multiple parcels around 1985 Main Street including Parcel Numbers 3902291544740000, 390229494750000, 3902291524690000, 3902291444650000, 3902291444580000 and 3902291574550000.
PROJECT DESCRIPTION: The applicant (David Braithwaite) proposes to construct a five level, mixed use structure over six smaller lots (the site). The site is approximately one and a half acres and is located on and behind the site known locally as the “Lyndale Glass Site.” The site is located to the north and west of the City owned Centennial Riverwalk. The primary address of the site is 1985 Main Street. The site is zoned City Center, is designated as Commercial in the Comprehensive Plan, and is designated as Urban in the Shoreline Master Program. No critical areas exist on the site however; it is located partially within the FEMA 100-year floodplain.
The building structure covers the majority of the project site and includes an underground parking garage, a street level ground floor with a mix of commercial and residential uses and three upper levels with residential uses. The project will have up to 17,600 square feet (sf) of commercial spaces and will have 107 – 131 multifamily units including studio, one-bedroom and two-bedroom apartments.
The project is currently eligible for impact fee waivers, subject to the conditions outlined in FMC 18.48, Downtown Catalyst Incentive Program and subject to conditions identified by the City under the Catalyst Permit number 19001-CAT.
A public hearing for the Shoreline Review will be noticed in the future.
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: October 21 – November 4, 2020
CONTACT: Haylie Miller, SEPA Administrator
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Critical Areas and/or Habitat Assessment, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
4. Shoreline Substantial Development Permit, City of Ferndale
5. Building Permit, City of Ferndale
6. Binding Site Plan, City of Ferndale
7. Site Plan Review Application, City of Ferndale
8. NPDES, and Construction Stormwater General Permit Ecology
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process. In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH: During construction, the contractor will install all appropriate measures and Best Management Practices (BMPs) will be in place to prevent erosion as required by the City of Ferndale, including mechanisms such as silt fences and straw waddles that are designed to capture sediment. Compliance with the City’s Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization is required.
Compliance with City Floodplain Regulations and the City’s Shoreline Master Program.
Outside materials and storage shall be minimized and shall be placed in an area or at an elevation that will prevent leaks, contamination, or additional debris from entering the floodplain during a flood event.
AIR: Erosion and sediment control best management practices will be used during construction. Spraying the disturbed soil with water will limit the amount of dust. Idling of work vehicles will be reduced or eliminated.
WATER: Contractor will implement Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and construct an engineered storm water management system designed to meet current Department of Ecology manual requirements.
The applicant will comply with all applicable City, Ecology and FEMA floodplain regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
PLANTS: The site development will incorporate landscaping plans per City of Ferndale regulations. The project will include plants and shrubbery as shown on the approved site plan.
ANIMALS: Compliance with the Critical Areas Ordinance. Habitat Impact Assessment to be prepared if applicable.
ENERGY: The project will be built to modern emission standards.
NOISE: All construction activities will be limited to daylight hours, generally between 7 am and 10 pm.
ENVIRONMENTAL HEALTH: Any potential spills during construction activities and subsequent daily use will be addressed immediately in accordance with City of Ferndale and Washington State Department of Ecology standards and requirements.
Any hazardous materials onsite during construction or as part of subsequent daily use must be stored in accordance with adopted State and local regulations. The City reserves the right to require that the quantity and type of materials be identified.
Construction equipment will be closely monitored when onsite to identify any possible leaks.
LAND AND SHORELINE USE: The project will comply the City Center Zoning Regulations.
HOUSING: Payment of applicable storm, park, traffic, and school impact fees. Payment of water and sewer connection fees. Note: the Catalyst Project allows for a waiver of administrative, impact and connection fees.
AESTHETICS: The proposed building design includes architectural details on the street-facing facades and will include landscaping around all new buildings and throughout the development.
LIGHT AND GLARE: Landscape buffering will be added as necessary and lighting will be downward facing.
RECREATION: Compliance with the City’s Parks, Recreation and Trails Master Plan is required.
TRANSPORTATION: Road improvements as shown on the approved site plan and as determined upon the review of the traffic impact analysis.
CULTURAL RESOURCES:
Inadvertent Discovery of Archaeological Resources: Should archaeological resources (e.g. shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).

Published October 21, 2020

NOTICE OF INTENT TO ISSUE A DETERMINATION OF NON-SIGNIFICANCE

The City of Ferndale has received application(s) from the applicant referenced below for a proposed zoning text amendment within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Determination of Non-Significance (DNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Chad Schmitt, Rubicon IDC
APPLICATION NUMBERS: 20006-SE, 20001-CPA, 20001-REZ
DATE OF APPLICATION: August 21, 2020
PROJECT LOCATION: 2416 Main Street, Ferndale, WA
Parcel number:
3902190990230000
PROJECT DESCRIPTION: The proposed amendment would change the land use designation of 2416 Main Street from Medium Density Residential (RS Medium-Single Family Zoning) to High Density Residential (Residential Multifamily Medium Zoning) consistent with adjacent residential properties to the east. The proposed zoning is consistent with the land use designation.
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Determination of Non-Significance
PUBLIC COMMENT PERIOD: October 21, 2020 – November 4, 2020
CONTACT: Haylie Miller, Community Development Director
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
The latest Planning Commission Agendas related to this text change proposal may be accessed here: https://ferndale.civicweb.net/filepro/documents/13197
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Washington State Department of Commerce Review
3. City of Ferndale Planning Commission recommendation
4. Ferndale City Council review
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment.

Published October 21, 2020

NOTICE OF INTENT TO ISSUE A DETERMINATION OF NON-SIGNIFICANCE

The City of Ferndale has received application(s) from the applicant referenced below for a proposed zoning text amendment within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Determination of Non-Significance (DNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Darryl Chen
APPLICATION NUMBERS: 20007-SE, 20002-REZ, 20002-CPA
DATE OF APPLICATION: September 10, 2020
PROJECT LOCATION: 5912 Portal Way, Ferndale, WA
Parcel number:
3902202923000000
PROJECT DESCRIPTION: The applicant requests that the land use designation of this area change from High Density Residential to Commercial. The applicant further requests the zoning be changed from Residential Multifamily Medium (RMM) to Mixed Use Commercial. The proposed zoning is consistent with the land use change.
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Determination of Non-Significance
PUBLIC COMMENT PERIOD: October 21, 2020 – November 4, 2020
CONTACT: Haylie Miller, Community Development Director
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
The latest Planning Commission Agendas related to this text change proposal may be accessed here: https://ferndale.civicweb.net/filepro/documents/13197
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Washington State Department of Commerce Review
3. City of Ferndale Planning Commission recommendation
4. Ferndale City Council review
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment.

Published October 21, 2020

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq.108 1st Ave South, Suite 202 Seattle, WA 98104 Trustee Sale No.: WA-19-857393-SW Title Order No.: 170072782-WA-MSI Reference Number of Deed of Trust: Instrument No. 1970603860 Parcel Number(s): 400124 311042 0000 Grantor(s) for Recording Purposes under RCW 65.04.015: LEONARD E. SCHUCHT AND DIANE L. SCHUCHT Current Beneficiary of the Deed of Trust and Grantee (for Recording Purposes under RCW 65.04.015): Wilmington Trust, National Association, as Trustee for Newcastle Investment Trust 2014-MH1 Current Trustee of the Deed of Trust: Quality Loan Service Corporation of Washington Current Loan Mortgage Servicer of the Deed of Trust: NewRez LLC, f/k/a New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing I.NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 2/19/2021, at 10:00 AM At the main entrance to the Whatcom County Courthouse, located at 311 Grand Avenue, Bellingham, WA 98225 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier’s check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of WHATCOM, State of Washington, to-wit: PARCEL 2, AS DELINEATED ON SHORT PLAT NO. 22-72, “COOLEY’S SHORT PLAT,” ACCORDING TO THE SHORT PLAT THEREOF, RECORDED IN VOLUME 1 OF SHORT PLATS, PAGE 8, UNDER AUDITOR’S FILE NO. 1120331. TOGETHER WITH UNDIVIDED ¼ INTEREST IN “TRACT A” OF SAID SHORT PLAT. EXCEPTING ALL OIL, GAS AND MINERAL RIGHTS THEREIN AND THEREUNDER. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 2672 BIRCH BAY LYNDEN RD, CUSTER, WA 98240 Subject to that certain Deed of Trust dated 6/24/1997, recorded 6/30/1997, under Instrument No. 1970603860 records of WHATCOM County, Washington, from LEONARD E. SCHUCHT AND DIANE L. SCHUCHT, as grantor(s), to CHARTER TITLE CORPORATION A WASHINGTON CORPORATION, as original trustee, to secure an obligation in favor of WASHINGTON MUTUAL BANK, as original beneficiary, the beneficial interest in which was subsequently assigned to Wilmington Trust, National Association, as Trustee for Newcastle Investment Trust 2014-MH1 , the Beneficiary, under an assignment recorded under Auditors File Number 2018-0300266 II. No action commenced by the Beneficiary of the Deed of Trust as referenced in RCW 61.21.030(4) is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust/Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: $62,404.83. IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $56,426.32, together with interest as provided in the Note from 4/1/2015 on, and such other costs, fees, and charges as are due under the Note, Deed of Trust, or other instrument secured, and as are provided by statute. V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 2/19/2021. The defaults referred to in Paragraph III must be cured by 2/8/2021 (11 days before the sale date), or by other date as permitted in the Note or Deed of Trust, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 2/8/2021 (11 days before the sale), or by other date as permitted in the Note or Deed of Trust, the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 2/8/2021 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower(s) and Grantor(s) by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above, and the Trustee has possession of proof of such service or posting. The list of recipients of the Notice of Default is listed within the Notice of Foreclosure provided to the Borrower(s) and Grantor(s). These requirements were completed as of 9/11/2020. VII. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale. X. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You may be eligible for mediation. You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear Additional information provided by the Trustee: If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the noteholders rights against the real property only. The Trustee’s Sale Number is WA-19-857393-SW. Dated: 10/14/2020 Quality Loan Service Corp. of Washington, as Trustee By: Maria Montana, Assistant Secretary Trustee’s Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202, Seattle, WA 98104 For questions call toll-free: (866) 925-0241 Trustee Sale Number: WA-19-857393-SW Sale Line: 916-939-0772 or Login to: http://wa.qualityloan.com IDSPub #0172688 10/21/2020 10/28/2020 11/4/2020

Published October 21, 28 & November 4, 2020