Legals- March 7, 2018



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: Leo Day, Ultra Tank Services Inc
DATE OF APPLICATION: February 26, 2018
PROJECT LOCATION: The project site is addressed as 1990 Main Street, parcel number 390229158491, NW ¼ of NE ¼ of Section 29, Township 30, Range 2E, FERNDALE AM NW 105 FT OF LOTS 11-13-15-17-19 BLK 1 in Ferndale, Washington.
PROJECT DESCRIPTION: The project site is developed and consists of a commercial building formerly occupied by Hawley’s Auto Supply. A total of six underground storage tanks were discovered at the site four of which have been removed from the ground. The four tanks included three 2,000-gallon tanks and one 6,000 to 8,000-gallon tank.
Two additional 10,000-gallon tanks and petroleum contaminated soil will be removed from the site for permitted disposal, and the site will be filled and pave according to industry standard.
The total underground tank capacity (~34,000 gallons) exceeds 10,000 gallons, therefore a SEPA review is required.
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 7 – March 21, 2018
CONTACT: Jori Burnett, 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. Encroachment Permit, City of Ferndale
4. Tank Abandonment & Demolition Permit, City of Ferndale
5. Ecology UST Removal Permitting, Washington State Dept. of Ecology
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.
Applicant to sweep any soil tracked out by truck, straw wattle, and use catch basin filters.
A remediation plan shall be in place should contaminated soils be encountered during the tank removal and project activities.
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.
WATER: Contractor will implement Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and comply with the current Department of Ecology manual requirements.
The applicant will comply with all applicable City and Ecology regulations.
NOISE: All construction activities will be limited to daylight hours, generally between 7 am and 10 pm.
Construction equipment will be equipped with appropriate muffler devises to limit noise.
ENVIRONMENTAL HEALTH: 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.
For the purpose of maintaining communication between the applicant, the City, and relevant agencies related to known environmental contamination found onsite, provide the City with all environmental testing within twenty-four hours of receiving tests results; provide the City with all environmental testing, documentation, and correspondence with or between the applicant, contractors, and/or consultants with the Washington State Department of Ecology.
TRANSPORTATION: An encroachment permit is required for any work within the City’s Right of Way.
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.

Published March 7, 2018

Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of March 5, 2018

Ordinance #2036
An ordinance amending the 2017 budget
Full texts of the above document(s) are available at Ferndale City Hall, posted on the City’s website ( or will be mailed upon request
Susan Duncan, CMC, City Clerk

Published March 7, 2018