LEGALS- July 20, 2022

FERNDALE

NOTICE OF PUBLIC HEARING

The City of Ferndale City Council will hold a public hearing to consider the comprehensive plan map amendment and rezone as 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.
The City Council meeting will be held beginning at 5:00 p.m. on Monday, August 01, 2022. The meeting will be a hybrid-style meeting, with the option of attending in-person or remotely. The meeting will be held at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. The City will be using Microsoft Teams to livestream the council meeting. A link to the online meeting can be found on the City’s website HYPERLINK “http://www.cityofferndale.org” www.cityofferndale.org Any interested party is invited to attend the public hearing and offer testimony or submit comments in writing to the City Council. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. Public comments may also be submitted via email to  HYPERLINK “mailto:[email protected][email protected]. Documents may be viewed at  https://www.cityofferndale.org/category/city-council-agendas/
DATE OF NOTICE: July 20, 2022
APPLICANT: City of Ferndale
PROJECT LOCATION:
2039 Thornton Street
Parcel Number 390220 079514 0000
PROJECT DESCRIPTION: An error was discovered in Ordinance 2080 regarding the comprehensive plan map amendment and rezoning of 2039 Thornton Street. A new ordinance will be passed to correct the error.
REQUESTED ACTION(S): The City of Ferndale requests approval of the correction to Ordinance 2080
PUBLIC COMMENT PERIOD:
July 20, 2022 – August 1, 2022
CONTACT:
Michael Cerbone, 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 July 20, 2022

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: Credo Construction
APPLICATION NUMBER(S):
22016-SPR, 22007-SE
PROJECT LOCATION: The subject property (“the property”) is located at 1350 Pacific Place, Ferndale, WA 98248. Parcel number:
390233494379.
PROJECT DESCRIPTION: The applicant is proposing a 12,000 square foot addition to an existing 58,000 square foot commercial building, an additional 26,000 square feet of paves surface, and install a new stormwater management system as Phase I. Phase II will include approximately 40K of additional impervious surface (combination of paving, sidewalks and or buildings) The existing building was subject to a SEPA environmental review in October 2002 by the City of Ferndale. A MDNS determination was issued by the City and can be reviewed on the State SEPA Register under SEPA number 200206445. Any new improvements require the mitigation measures outlined below.
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:
July 20, 2022 – August 3, 2022
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 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: 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.
Spill kits with absorbent materials will be located on site to address small spills of oil, fuel, hydraulic fluids and other pollutants during construction, if they occur.
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.
LAND USE AND SHORELINE: The official Ferndale Zoning map designates the subject area as Light Industrial. The project is compatible with the existing land use classification. The 2011 Ferndale Comprehensive Plan map designates the subject area as Industrial. The project is compatible with the existing land use classification.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure will be constructed to City standards.
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 July 20, 2022

CITY OF FERNDALE RFQ FOR
CE/CM SERVICES

The City of Ferndale (City) is seeking Statements of Qualifications from Professional Engineering firms with experience providing construction inspection and engineering services. This agreement’s term will be approximately two years, with the option for the City to extend it for additional time and money if necessary.
The City of Ferndale reserves the right to amend terms of this “Request for Qualifications” (RFQ) to circulate various addenda, or to withdraw the RFQ at any time, regardless of the time and effort consultants have spent on their responses.
Project Description
The work to be performed by the CONSULTANT consists of providing construction inspection, materials testing, surveying, construction management, and other engineering services as needed to deliver the project for improvements on the Thornton St Project, Vista Dr to Malloy Ave. It is anticipated this project will be assigned an UDBE agreement goal, to be determined by WSDOT.
Evaluation Criteria
Submittals will be evaluated and ranked based on the following criteria:
1) Qualification of Proposed Project Manager and other team members assigned to the project
2) Qualifications/Expertise of Firm
3) Ability to meet schedule
4) Approach to project
5) Familiarity with WSDOT/FHWA standards
6) Past Performance/References
7) Approach to meet a DBE goal or SBE goal (DBE Participation Plan or SBE Plan)
Submittal
Submittals should be 10 pages or less and include the following information: Firm name, phone and e-mail addresses; Name of Principal-in-Charge and Project Manager; and Number of employees in each firm proposed to work on the project.
Please submit one hard copy of your Statement of Qualifications to the City of Ferndale at 2095 Main Street, or mail via USPS to P.O. Box 936, Ferndale, WA 98248. One electronic copy in pdf format shall be emailed to [email protected]. All submittals are due no later than 5:00PM on Friday, August 12, 2022. Any questions regarding this project should be directed to Katy Radder, Public Works Project Manager via e-mail at: [email protected].
Americans with Disabilities Act (ADA) Information
The City of Ferndale, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing [email protected] or by calling (360) 384-4006.
Title VI Statement
The City of Ferndale, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
Susan Duncan
City Clerk
City of Ferndale

Published July 20 & 27, 2022

PROBATE NOTICE TO CREDITORS

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

In Re the Estate of
BETTY M. HUGG, Deceased.
NO. 22-4-00661-37
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
JUDGE: DAVID E. FREEMAN
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 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 decedent’s probate and nonprobate assets.
DATE OF FIRST PUBLICATION: JULY 13, 2022
PERSONAL REPRESENTATIVE: ETHAN HUGG
ADDRESS FOR MAILING OR SERVICE:
c/o Attorney for Personal Representative:
Graham Buchanan, WSBA #52603
Barron Smith Daugert, PLLC
300 North Commercial St.
Bellingham, WA 98225
Court of probate proceedings and cause number:
Whatcom County Superior Court, Cause No. 22-4-00661-37

Published July 13, 20 & 27, 2022

PUBLIC NOTICE

Douglas Farm, LLC, 504 E Fairhaven Ave Burlington, WA 98233-1846, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.
The proposed project, Douglas Farm, is located at 2396 Douglas Rd in Ferndale in Whatcom county.
This project involves 7.7 acres of soil disturbance for Highway or Road, Residential, Utilities construction activities.
The receiving waterbody is Schell Creek/Ditch.
Any persons desiring to present their views to the Washington State Department of Ecology regarding this Application, or interested in Ecology’s action on this Application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II anti-degradation requirements under WAC 173-201A-320.
Comments can be submitted to:
[email protected], or
ATTN: Water Quality Program, Construction Stormwater
Washington State Department of Ecology
P.O. Box 47696
Olympia, WA 98504-7696

Published July 13 & 20, 2022