LEGALS- March 10, 2021

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 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): 21002-PUD, 21001-PP, 21004-SE
DATE OF APPLICATION(S): 21002-PUD (02-16-2021), 21001-PP (02-16-2021), 21004-SE (02-16-2021)
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 Residential Planned Unit Development process, a subdivision of up to 82 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).
The project will include a trail along the northern property line and approximately 13 acres of active and passive open space areas.
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 total fill and grade activities proposed for the project exceed the minimum threshold of 1,000 cubic yards of fill and grade and the units proposed (82) exceed the minimum threshold of 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: March 10, 2021 – March 24, 2021
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. PUD Approval, 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 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, 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), BMPs, and construct an engineered storm water management system designed to meet current Ecology 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 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 and 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 standards.
ANIMALS: Preserve existing vegetation by limiting clearing to areas necessary for construction.
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. The project is eligible for park impact fee credits.
TRANSPORTATION: Payment of traffic impact fees is required. The 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
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, the Public Works Department, and the 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 March 10, 2021

PROBATE NOTICE TO CREDITORS

SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY

Estate of:
DONALD ROSS CULVER,
Deceased.
CASE NO. 21-4-00106-32
PROBATE NOTICE TO CREDITORS
PLEASE TAKE NOTICE
The above Court has appointed the undersigned as Co-Personal Representatives of Decedent’s estate. Any person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court and (ii) By serving on or mailing to me at the address below a copy of the claim. The claim must be presented by the later of: (a) Thirty (30) days after I served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice. If the claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060. This bar is effective for claims against both the Decedent’s probate and non-probate assets.
Date of First Publication of this Notice: February 24, 2021
/s/ KEVIN GUY CULVER, DANELLE RENE DENSON, Co-Personal Representatives
c/o Gregory L. Decker, WSBA 9116
DECKER LAW OFFICES
1919 N. 3rd Street,
Coeur d’Alene, ID 83814
(509) 924-0303
[email protected]

Published February 24, March 3 & 10, 2021