LEGALS- December 27, 2023

FERNDALE

CITY OF FERNDALE
REQUEST FOR QUALIFICATIONS – HEARINGS EXAMINER
SUBMISSION DUE DATE: JANUARY 19, 2024

The City of Ferndale (“City”) is issuing this Request for Qualifications (RFQ) in its normal course of business and is requesting proposals from individual, licensed attorneys and/or law firms for the purpose of selecting a Hearings Examiner experienced in the areas of land use law, real property law, city planning and development, and code enforcement. Applicants may specialize in one or all areas and must be familiar, or have the ability to quickly familiarize themselves, with the City of Ferndale zoning, subdivision and building codes and all other applicable City codes, ordinances, regulations, and policies as well as applicable Washington State laws.
Full requirements and submission instructions are available at https://www.cityofferndale.org

Published December 20 & 27, 2023

NOTICE OF 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 using the Optional DNS process (WAC 197-11-355).
Pursuant to Title 14 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:
Eric Weden, Weden Engineering
PO Box 3246
Ferndale WA 98248
APPLICATION NUMBER (S):
22009-SE, 22018-SPR
DATE OF APPLICATION(S):
06-15-22 (22009-SE) 06-16-22 (22018-SPR)
PROJECT LOCATION: 5545 & 5575 LaBounty Dr, Ferndale,
Parcel numbers: 390229540388 & 390229564395
Legal descriptions: LOT A LABOUNTY CENTER LLA AS REC AF 2019-1103306, LOT 1 MCFARLAND LLA AS REC AF 2040101842
PROJECT DESCRIPTION: The Westfront Business Complex is a proposed 2-phase development of approximately 40,000 s.f. of flexible business/warehouse space in Ferndale, WA. It will occupy two parcels of land totaling 4.14 acres situated at 5545 & 5575 LaBounty Drive, north of the new Papé Kenworth project and includes associated parking, landscaping, stormwater, and utility improvements. Wetland impacts will be mitigated off-site. The project proposed impacts to lands covered by water, therefore a SEPA determination is required.
The following reports have been prepared directly related to this project:
Traffic Impact Analysis dated March 2023
Biological Critical Areas (Wetland and Buffers) Reported dated January 2021
Tenmile Creek Wetland Mitigation Plan dated July 2023
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:
December 27, 2023 – January 10, 2024
CONTACT: Michael Cerbone, 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. Department of Ecology NPDES Construction Stormwater Permit
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. The idling of work vehicles will be reduced or eliminated, dump trucks will be covered, and regular inspection of vehicles will be performed.
WATER: The 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.
Stormwater will be treated according to current standards in the current edition of the DOE Stormwater Management Manual for Western Washington and the Highway Runoff Manual.
ENVIRONMENTAL HEALTH:
Construction will be limited to the legal working hours for construction as stated in the Ferndale Municipal Code. Generally, working hours will occur between 7am to 10pm; however, utility work may be scheduled overnight in limited circumstances to limit impacts on utility customers.
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.
Construction equipment will be closely monitored onsite to identify any possible leaks.
PLANTS: Native plants will be installed within the bioretention facilities to enhance vegetation.
All site landscaping shall comply with City of Ferndale landscape standards. Landscape design will enhance native vegetation and supplement native soils with compost amendments.
ANIMALS: The proposal is not projected to affect any priority habitats or listed species and therefore does not contain measures to further preserve or enhance wildlife.
TRANSPORTATION: Payment of traffic impact fees shall be paid pursuant to building permit approval and subject to the most recent TIF rate. The access road will be constructed to City standard.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure will be constructed to City standards.
LIGHT AND GLARE: Light from streetlamps will be directed towards the roadway to reduce spillage into surrounding properties.
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).
Responsible Official:
Michael Cerbone, Community Development Director
Address: Ferndale Community Development Department, P. O. Box 936, Ferndale, WA 98248
Telephone: (360) 685-2367
Date: 12-20-23

Published December 27, 2023

PROBATE NOTICE TO CREDITORS

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM

In Re the Estates of
ROSALEE LEWIS, Deceased.
NO. 23-4-01148-37
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
JUDGE: ROBERT E. OLSON
The Personal Representative named below has been appointed as Personal Representative of these estates. Any person having a claim against the decedents must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedents’ probate and nonprobate assets.
DATE OF FIRST PUBLICATION
12/13/23
PERSONAL REPRESENTATIVE
Valerie J. Martin
Attorney for Personal Representative:
Erin Mae Glass, WSBA #39746
Chuckanut Law Group, PLLC
306 N. Commercial St., Suite B
Bellingham, WA 98225

Published December 13, 20 & 27, 2023

SUPERIOR COURT OF THE STATE OF WASHINGTON FOR WHATCOM COUNTY

In the Matter of the Estate of Zachery Brian Battle, Deceased.
Cause No. 23-4-01164-37
Judge: Evan P. Jones
PROBATE NOTICE TO CREDITORS (RCW 11.40.030)
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: (1) thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and non-probate assets.
Date of First Publication:
December 20, 2023
Personal Representative:
Bailey Shewchuk
Attorney for Personal Representative: Jessica Aurelia Carr, WSBA # 43439
Address for Mailing or Service: North Sound Law Group, PLLC, 300 N. Commercial St., Bellingham, WA 98225; Phone: 360-671-7700

Published December 20, 27, 2023 & January 3, 2024

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM

In Re the Estates of
CONSTANCE S. COLLIER,
Deceased.
NO. 23-4-01193-37
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
JUDGE: ROBERT E. OLSON
The Personal Representative named below has been appointed as Personal Representative of these estates. Any person having a claim against the decedents must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedents’ probate and nonprobate assets.
DATE OF FIRST PUBLICATION
12/27/23
PERSONAL REPRESENTATIVE
Catherine Collier
Attorney for Personal Representative:
Erin Mae Glass, WSBA #39746
Chuckanut Law Group, PLLC
306 N. Commercial St., Suite B
Bellingham, WA 98225

Published December 27, 2023 & January 3, 10, 2024

PUBLIC NOTICE

SURPLUS SALE

The Board of Directors of the Ferndale School District is announcing the sale by sealed bid, various outdated texts, miscellaneous materials and equipment declared as surplus to the needs of the District. Pursuant to RCW 28A.335.180, this notice is provided to inform the public that this equipment will be available for sale. Bid forms and instructions are available at ferndalesd.org, in person at the Administration Building, 6041 Vista Drive, Ferndale, WA 98248, (360) 383-9216 or by emailing your request to [email protected]. Items will be sold for best qualifying offer received by January 26, 2024 at 11:00 a.m. The bid opening will be January 26, 2024 at 12:00pm at the Ferndale School District Administration Office.
Vehicles will be available for sale through Bellingham Auto Auction via their online bidding process. Bid item information and bid instructions are available at bellighamauction.com or by calling (360)647-5370. Items will be sold for best qualifying offer received by February 7, 2024 at 6:00 p.m.
The Board of Directors of the Ferndale School District reserves the right to reject any or all bids and to waive any informality in the bidding.
Mark Deebach, Assistant Superintendent
Ferndale School District. No. 502

Published December 27, 2023