Legals- February 14, 2018

FERNDALE

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 notice of application initiates the review process, and no approvals have been granted. There will be an advertised public hearing in the future for this proposal. It is the right of any person to comment on the application, to receive notice of and participate in any hearings, to request a copy of the decision once made, and the applicable appeal rights.
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: Morningside Development Group
APPLICANT’S AGENT: Weden Engineering
APPLICATION NUMBERS: 17023-SE, 17007-PUD
DATE OF APPLICATION: November 15, 2017
DATE OF COMPLETE APPLICATION: December 12, 2017
PROJECT LOCATION: The project site is located on two adjacent parcels, addressed as 5434 Shields Road, 1385 Smith Way, parcel numbers 390228348192, 390228380192, & 390228413166. The project site is located north of Shields Road and west of Smith Way in Ferndale, WA.
PROJECT DESCRIPTION: The Planned Unit Development subdivision proposal includes construction of 76 single family residential lots designed for 55+ adult community. The site is approximately 25-acres of which 9-acres are wetlands and wetland buffers located on the northwest portion of the site. The remaining 19-acres will be developed to include 76 lots, open spaces, trails, green belt, and associated infrastructure.
Fill & Grade Activities:
The project will total approximately 5,000 cubic yards of fill and grade.
A SEPA checklist is required for this project as it exceeds the thresholds of 30 single family units and 1,000 cubic yards of fill and grade activities.
REQUESTED ACTION(S): The applicant requests a SEPA Determination by the City of Ferndale for the proposed subdivision.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: February 14 – 28, 2018
CONTACT: Jori Burnett, Community Development Director
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
[email protected]
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Planned Unit Development Approval, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
4. NPDES Permit, Department of Ecology
5. Hydraulic Project Approval (if applicable), WDFW
The following mitigation measures were identified relative to the proposed project. Note: the proposed project has been reviewed based on the anticipated impacts of a 55+ adult community living community; should the proposal be modified to include a broader age range, additional mitigation measures may be required.
EARTH: Preparation of a Storm Water Pollution Prevention Plan and adherence to the State water quality guidelines in accordance to the latest adopted Stormwater Ecology Manual. Construction will be sequenced and take place during the dry weather to the extent practical. Use of temporary erosion control measures such as sediment traps, seeding, construction entrance, wheel wash, de-watering, settling ponds, wattles and other applicable Best Management Practices (BMPs) to reduce erosion.
AIR: Limits idling of heavy equipment during construction, watering soils if dust becomes a problem.
WATER: The applicant must provide a complete Stormwater Site Plan per the current Department of Ecology Stormwater Management Manual for Western Washington for review and approval.
Applicant will install or preserve measurements to comply with the Ecology guidelines and the National Pollution Discharge Elimination System permit.
The project will prepare a Stormwater Pollution Prevention Plan in accordance to State guidelines.
The applicant shall establish a Homeowner’s Association, with responsibilities to maintain storm facilities, roadways, critical areas, open space tracts, community buildings, and all other infrastructure or facilities for which shared maintenance is required.
Wetlands: Project shall seek to avoid wetland and critical area impacts to the extent practical and shall mitigate for wetland impacts on-or off-site in accordance with City, state and federal regulations. Wetland mitigation measures will include buffer enhancement and buffer averaging. As drafted, the proposal does not anticipate offsite impacts or the use of a mitigation bank.
PLANTS: Invasive species maintenance and supplemental planning will serve to enhance the wetland buffer, per the approved wetland mitigation plan. The green belt and park area swill be landscaped to enhance native vegetation.
Landscaping per City standards required through out the Planned Unit Development.
NOISE: Working hours will be limited to 7AM to 10PM during construction.
TRAFFIC: The project will comply with concurrency requirements. Traffic impact fees will be owed for each lot.
Submit Traffic Study to analyze the current and future volumes of traffic utilizing the Liberty Park/Shields Estates road network. Review existing cross walks along Shields Road, Patriot Lane, and Myers drive and determine whether stop bars or other mechanisms are needed to ensure pedestrian safety. Provide a trip analysis generated by the development. Should these studies determine that modifications within the existing street network are required, the applicant shall complete, or pay to complete, these mitigation measures.
With the exception of Lots 23 and 24, or for emergency access vehicles, no access of any kind may be permitted via the 60’ ingress, egress and utility easement located northeast of the site. A permanent, locked gate shall be established west of the driveway associated with Lot 23 to achieve this requirement.
The applicant shall demonstrate legal use of the 60’ ingress, egress and utility easement prior to approval of the preliminary plat.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure (as necessary) will be constructed to city standards; payment of water and sewer connection fees; payment of storm sewer mitigation fees. During construction of the civil improvements, the contractor will coordinate with Public Works.
RECREATION: While the proposed development includes several private amenities, no park credits or credits against impact fees are anticipated for such amenities. The applicant shall establish a conservation easement on all or part of Tract G which allows the City to construct trails or similar recreation elements within the tract without penalty or compensation other than credits against park impact fees.
LIGHTING: All street lighting within the proposed development shall be of a standard comparable to lighting required for public streets and shall include LED fixtures.
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 (Gretchen Kaehler, 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 February 14, 2018

INVITATION TO BID FOR
WASHINGTON STREET IMPROVEMENT PROJECT – # ST2015-08

NOTICE IS HEREBY GIVEN by CITY OF FERNDALE that sealed bid proposals will be received by the City of Ferndale at Ferndale City Hall, 2095 Main Street, Ferndale, Washington, 98248, (360) 384-4006, until March 7, 2018 at 2:00 PM, and will then and there be opened and publicly read for the Washington Street Improvement Project.
PROJECT DESCRIPTION: This contract provides for improvements of approximately 1,800 linear feet of Washington Street, from the intersection of Main Street to Vista Drive, in Ferndale Washington. Work will include clearing, grubbing, grading, roadway excavation, storm sewer drainage improvements, water main installation, sanitary sewer installation, placing gravel base, hot mix asphalt paving, curb and gutters, sidewalks, ADA ramps, and other work, in accordance with the Contract Plans, Special Provisions, the Standard Specifications, including the amendments thereto, and Standard Plans.
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 from the Ferndale City Hall upon payment in the amount of $50 for specifications and plan sets. Informational copies of maps, plans and specifications are on file for inspection in the Ferndale City Hall, 2095 Main Street, Ferndale, Washington 98248. An electronic version of the project plans and specifications is available for download on the City of Ferndale website at www.cityofferndale.org if you download the bid documents you are required to contact the City to be added to the planholders’ list.
Pre-Bid Conference
Bidders, prior to submittal of a bid, may attend a pre-bid conference with the Project Engineer. The meeting will start on February 28, 2018 at 10:00 AM at the Ferndale City Hall, 2095 Main Street, Ferndale, Washington 98248. A jobsite visit may follow upon request.
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.
Susan Duncan
City Clerk – City of Ferndale

Published February 14 and 21, 2018

SHERIFF’S PUBLIC NOTICE OF SALE

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

SHERIFF’S PUBLIC NOTICE OF SALE OF REAL PROPERTY
CAUSE NO. 14-2-02784-9
ONEWEST BANK, N.A., its successors in interest and/or assigns,
Plaintiff(s),
vs
GLORIA A. BARNES; UNITED STATES OF AMERICA; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES,
Defendant(s).
TO: GLORIA A. BARNES; UNITED STATES OF AMERICA; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES, Judgment Debtor(s)
The Superior Court of Whatcom County has directed the undersigned Sheriff of Whatcom County to sell the property described below to satisfy a judgment in the above-entitled action:
COMMON STREET ADDRESS: 5539 W 29TH CREST, FERNDALE, WA 98248
FULL LEGAL DESCRIPTION:
PARCEL A:
LOT 3, SCARLETT CULSTER SHORT PLAT, ACCORDING TO THE MAP THEREOF, RECORDED DECEMBER 27, 1993 UNDER AUDITOR’S FILE NO. 931227255, IN VOLUME 29 OF SHORT PLATS, PAGES 52 AND 53, IN THE AUDITOR’S OFFICE OF SAID COUNTY AND STATE.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL A-1:
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON SCARLETT CLUSTER SHORT PLAT. EXCEPTING THEREFROM ANY PORTION LYING WITHIN LOT 3. SITUATE IN WHATCOM COUNTY, WASHINGTON.
TAX PARCEL NO. 390126 413351 0000
The sale of the above-described property is to take place:
DATE: Friday, February 23, 2018
TIME: 9:30 A.M.
PLACE: WHATCOM COUNTY COURTHOUSE, BELLINGHAM, WA
The judgment debtor can avoid the sale by paying the judgment amount of $295,441.35 together with interest, costs and fees before the sale date. For the exact amount, contact the Sheriff at the address stated below.
ATTORNEY:
MALCOLM CISNEROS
NATHAN F. SMITH
2112 Business Center Drive
Irvine, CA 92612
949.252.9400

BILL J. ELFO, Sheriff
Whatcom County
By: SHAUNA BALDETTA, Civil Assistant
311 Grand Avenue
Bellingham, WA
(360) 778-6614

Published January 24, 31 and February 7, 14, 2018