LEGALS- March 30, 2022

FERNDALE

Public Notice: City of Ferndale now Accepting Comprehensive Plan Amendment Applications

As required by the Ferndale Municipal Code 14.15.050, the City of Ferndale is providing public notice of the availability of applications for amendment or revision to the City’s Comprehensive Plan. Completed amendments, with associated fees, must be received by the City no later than the close of business Friday, April 29, 2022.
All applications shall be submitted on such forms as provided by the City, and incomplete applications will not be accepted. Forms are available online at https://ci-ferndale-wa.smartgovcommunity.com/Public/DocumentsView or may be requested by sending an email to pattigearhart@cityof
ferndale.org. Complete applications must be submitted online at www.cityofferndale.org/permits. If you have any questions please contact Michael Cerbone, Community Development Director, at (360) 685-2367 or at
[email protected].

Published March 30, 2022

NOTICE OF APPLICATION

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 and the review process can now be initiated, no approvals have been granted at this time.
Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application. The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.
APPLICANT NAME: Robert and Stacie Tennyson
APPLICANT’S AGENT: Jeremy Disch, Powertek Surveying
APPLICATION NUMBERS:
22001-PP
DATE OF NOTICE OF APPLICATION: March 30, 2022
DATE OF APPLICATION:
February 14, 2022
DATE OF COMPLETE APPLICATION: March 17, 2022
PROJECT LOCATION/ADDRESS:
The project site is located at 6482 Portal Way, Parcel Number 390217 303496 0000 in Ferndale, WA 98248.
PROJECT DESCRIPTION: The applicant proposes to subdivide a 3.1-acre parcel, zoned Residential Single Family – Medium, into fifteen (15) single family residential lots, 14 new lots and 1 lot with an existing residence. The proposal includes a public roadway, water, sanitary sewer improvements and stormwater facilities.
REQUESTED ACTION(S):
The applicant requests preliminary plat approval from the Hearing Examiner.
PUBLIC COMMENT PERIOD:
March 30, 2022 – April 13, 2022
PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes
CONTACT:
Jesse Ashbaugh, Assistant Planner
Public Comment: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
City Hall: 2095 Main Street Ferndale, WA 98248
Phone: (360) 685-2368
Required permits and approvals include, but may not be limited to:
1. Preliminary Plat Approval, City of Ferndale
2. Land Disturbance Permit, City of Ferndale
3. Building Permits, City of Ferndale

Published March 30, 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:
Kevin Renz, City of Ferndale
APPLICATION NUMBER(S):
22003-SPR (02-02-22) 22001-SH (02-02-22), 22003-SE (02-02-22), 22001-CUP (03-23-22)
PROJECT LOCATION:
The subject property (“the property”) is located at 5405 Ferndale Rd, Ferndale, WA 98248 within Section 30 of Township 39, Range 2 East. Parcel number:
390229037149.
PROJECT DESCRIPTION:
The City of Ferndale is proposing improvements to its existing Water Treatment Plant (WTP) facility.
The project will occur within the existing perimeter of the existing WTP. Development activities are located in the Shoreline Jurisdiction and, therefore, a SEPA review is required.
Major changes consist of the addition of a new building to house a drinking water remineralization system and the excavation of a new stormwater infiltration basin. The new building is approximately 2,000 SF and 25 ft tall. It includes two cement concrete pads and stairs totaling about 300 SF and a gravel driveway totaling about 1,425 SF.
The project is located within the City Shoreline Jurisdiction and subject to Shoreline Substantial Development Permit. The proposed “Utility” use requires Shoreline Conditional Use approval.
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:
Mach 30, 2022 – April 13, 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. Shoreline Substantial Development Permit, City of Ferndale
3. Shoreline Conditional Use Approval, City of Ferndale
4. Land Disturbance Permit, City of Ferndale
5. 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.
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.
Unavoidable floodplain impacts associated with the project will be compensated through excess
advanced mitigation performed onsite, north of the aeration basins.
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 5 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 official Ferndale Zoning map designates the subject area as Public/Institutional. The project is compatible with the existing land use classification. The 2011 Ferndale Comprehensive Plan map designates the subject area as Public.
The eastern edge of the site is within Shoreline Jurisdiction. The shoreline master program designation is rural.
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 March 30, 2022

NOTICE OF PUBLIC HEARING

The City of Ferndale Hearing Examiner will hold a public hearing to consider the proposed development project 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 Hearing Examiner beginning at 11:00 a.m. on Monday, April 11, 2022. The public is highly encouraged to view and/or attend the meeting by: 1. Clicking this link: www.cityofferndale.org/hearings then click on Attend Latest Hearing Examiner Meeting (or copy the URL and paste into a web browser) or 2. Call-in to the Teams meeting by dialing 1-253-220-4085 and entering conference ID: 684 028 40#. 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 or (360) 685-2359.
DATE OF NOTICE:
March 30, 2022
APPLICANT:
Douglas Farm, LLC – Anna Nelson
PROJECT LOCATION:
2396 Douglas Road, Ferndale WA 98248
Parcel Number: 390230 083406 0000
PROJECT DESCRIPTION:
The applicant proposes to develop subdivision of up to 46 single-family lots on a 11.9-acre lot, which requires preliminary plat approval from the Hearing Examiner. The development will take access off Douglas Road. Impacts to an existing, on-site Category IV wetland will be avoided, with some minor buffer averaging and buffer enhancement proposed consistent with the City of Ferndale Critical Areas Ordinance. The proposal includes both recreation open space and wetland conservation open space that includes a low-impact trail system that will connect to the new public sidewalks.
Civil improvements will include new public roads with curbs, gutters, sidewalks and water, sewer and storm improvements.
REQUESTED ACTION(S):
The applicant requests preliminary plat approval from the Hearing Examiner.
PUBLIC COMMENT PERIOD:
March 30, 2022 – April 11, 2022
CONTACT:
Jesse Ashbaugh, Assistant Planner
Public Comment: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
City Hall: 2095 Main Street Ferndale, WA 98248
Phone: (360) 685-2368

Published March 30, 2022

PROBATE NOTICE TO CREDITORS

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

In the Matter of the Estate of PATRICIA L. DOOLEY, Deceased.
Cause No. 22-4-00255-37
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 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: March 16, 2022
PERSONAL REPRESENTATIVE: Heather Dooley
ADDRESS FOR MAILING OR SERVICE:
Erin Glass, WSBA #39746
Barron Smith Daugert, PLLC
300 North Commercial St.
Bellingham, WA 98225

Published March 16, 23 & 30, 2022

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

In the Matter of the Estate of Mary M. Little, Deceased.
Cause No. 22-4-00276-37
Judge: DAVID E. FREEMAN
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 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: March 23, 2022
PERSONAL REPRESENTATIVE: Iris B. Kingston.
Attorney for Personal Representative: Aaron Rasmussen, WSBA #29496
Address for Mailing or Service: Barron Smith Daugert, PLLC, Attn: Aaron Rasmussen
300 North Commercial St., Bellingham, WA 98225

Published March 23, 30 & April 6, 2022

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

In Re the Estate of
SHIRLEY J. MASON, Deceased.
NO.   22-4-00265-37
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
March 23, 2022
PERSONAL REPRESENTATIVE
Marina A. Engels
4141 Ridgewood Avenue
Bellingham, WA 98229
Attorney for Personal Representative:
Jessica Aurelia Carr, WSBA #43439
Barron Smith Daugert, PLLC
300 North Commercial St.
Bellingham, WA  98225

Published March 23, 30 & April 6, 2022

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

In Re the Estate of
DAVID F. GODDARD, Deceased.
NO.   22-4-00326-37
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
JUDGE:   ROBERT E. OLSON
The Notice Agent named below has elected to give notice to creditors of the above-named decedent. As of the date of the filing of a copy of this notice with the court, the notice agent has no knowledge of any other person acting as notice agent or of the appointment of a personal representative of the decedent’s estate in the State of Washington. According to the records of the court as are available on the date of the filing of this notice with the court, a cause number regarding the decedent has not been issued to any other notice agent and a personal representative of the decedent’s estate has not been appointed.
Any persons having a claim against the decedent must, before the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.42.070 by serving on or mailing to the notice agent or the notice agent’s attorney at the address stated below a copy of the claim and filing the original claim with the court in which the notice agent’s declaration and oath were filed. The claim must be presented within the later of: (1) 30 days after the notice agent served or mailed the notice to the creditor as provided under RCW 11.42.020(2)(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 11.42.050 and 11.42.060. This bar is effective as to claims against both the decedent’s probate assets and nonprobate assets.
DATE OF FIRST PUBLICATION     March 30, 2022
NOTICE AGENT Richard Paulson
798 W. Smith Road
Bellingham, WA 98226
Attorney for Notice Agent:
Jessica Aurelia Carr, WSBA #43439
Barron Smith Daugert, PLLC
300 North Commercial St.
Bellingham, WA  98225

Published March 30, April 6 & 13, 2022

SUMMONS BY PUBLICATION

SUMMONS
DISTRICT COURT
CLARK COUNTY, NEVADA

SWITCH, LTD., a Nevada limited liability company,
Plaintiff,
vs.
DATASSURE CORP., a Nevada corporation; DOES 1 through 10; and ROE ENTITIES 11 through 20, inclusive,
Defendants.
CASE NO.: A-22-846470-C
DEPT. NO.: XXIV
SUMMONS
NOTICE! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE INFORMATION BELOW.
TO THE DEFENDANT: A civil Complaint has been filed by the Plaintiff against you for the relief set forth in the Complaint.
1. If you intend to defend this lawsuit, within 21 days after this Summons is served on you exclusive of the day of service, you must do the following:
a. File with the Clerk of this Court, whose address is shown below, a formal written response to the Complaint in accordance with the rules of the Court.
b. Serve a copy of your response upon the attorney whose name and address is shown below.
2. Unless you respond, your default will be entered upon application of the Plaintiff and this Court may enter a judgment against you for the relief demanded in the Complaint, which could result in the taking of money or property or other relief requested in the Complaint.
3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your response may be filed on time.
Issued at the direction of:
/s/: Lynnel M. Reyes
Lynnel M. Reyes, Esq.
Nevada Bar No. 14604
Switch, Ltd.
7135 South Decatur Blvd.
Las Vegas, Nevada 89118
Attorneys for Plaintiff
By: Deputy Clerk Date 1/11/2022
County Courthouse
200 Lewis Avenue
Las Vegas, Nevada 89101

Published March 9, 16, 23 & 30, 2022