LEGALS- October 7, 2020

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: Ramon Llanos, LDES INC
APPLICATION NUMBER (S): 20011-SE, 20004-SPR, 20003-SH, 20002-VAR.
DATE OF APPLICATION(S): 20011-SE (September 24, 2020), 20004-SPR (August 25, 2020), 20003-SH (August 17, 2020), 20002-VAR (August 17, 2020)
PROJECT LOCATION: The subject property (the “Property”). is currently addressed as 5854 Cedar Street Ferndale, WA, parcel 390220260220,
described as BEG 1950 FT N OF SEC LI BTWN SECS 20-29-60 FT W OF N-S 1/4 LI SEC 20-TH W 398.2 FT-TH N 24 DEG E 129 FT-TH E 142.5 FT-TH S 5 FT-TH E 219.7 FT-TH S 113 FT TO BEG.
PROJECT DESCRIPTION: The applicant proposes to construct an eight-unit multifamily development on the Property with storm, sewer, water and dry utilities as well as paved parking and an access road.
The project is located within the Shoreline Jurisdiction, therefore a SEPA checklist is required. The multifamily project is located in the Residential Shoreline Jurisdiction; therefore, a Shoreline Substantial Development Permit approval is required.
The applicant seeks a density variance due to geographic constraints encumbering the property.
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: October 7 – 21, 2020
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. Shoreline Substantial Development Permit, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
4. Building Permit, City of Ferndale
5. Site Plan Review Application, 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.
Compliance with City Floodplain Regulations.
Outside materials and storage shall be minimized and shall be placed in an area or at an elevation that will prevent leaks, contamination, or additional debris from entering the floodplain during a flood event.
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.
The applicant will comply with all applicable City, Ecology and FEMA floodplain regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
PLANTS: The site development will incorporate landscaping plans per City of Ferndale regulations. Mitigation plantings for any wetland buffer impacts will be implemented onsite. Site to be revegetated after the land disturbance.
ENERGY: The project will be built to modern emission standards.
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.
LAND AND SHORELINE USE: The project will comply with the City’s Shoreline Master Program and the Residential Multifamily High Zoning Regulations.
HOUSING: Buildings will comply with Shoreline regulations and the City’s design guidelines. The applicant is required to pay applicable storm, park, traffic, and school impact fees and payment of water and sewer connection fees.
AESTHETICS: The proposed building design includes architectural details on the street-facing facades and will include open space and landscaping around all new buildings and throughout the development.
LIGHT AND GLARE: Landscape buffering will be added as necessary and lighting will be downward facing.
RECREATION: The development will have sufficient common useable space. Compliance with the City’s Parks, Recreation and Trails Master Plan is required. A public access easement shall be provided for the trail. Pet waste disposal stations are required at each end of the trail.
TRANSPORTATION: Payment of traffic impact fees is mandatory. Access roads will be constructed to City standard.
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 October 7, 2020

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: Ryan J. Robinson
APPLICATION NUMBER (S): 20005-SPR, 20008-SE, 20004-SH
DATE OF APPLICATION(S): 20005-SPR (September 21, 2020), 20008-SE (September 21, 2020), 20004-SH (September 21, 2020)
PROJECT LOCATION: The subject property (the “Property”) is located northeast of the intersection of Main Street and Barrett Road in Ferndale, WA and is currently addressed as 5670 Barrett Road Ferndale, WA, parcel number: 390221050043. The Property is approximately 3.21 acres in size and is legally described as LOT B SUPER 8 SHORT PLAT AS REC BOOK 34 SHORT PLATS PG 96.
PROJECT DESCRIPTION: Pilot Travel Centers, LLC requests a Site Plan Review from the City of Ferndale and Shoreline Substantial Development approval from the Hearings Examiner to permit the installation of a 20,000-gallon underground storage tank with biodiesel fuel and the construction of an 80-square-foot fuel injection enclosure at the existing Pilot Travel Center gas station.
The project proposes no changes in land use or site design.
The project is located within the FEMA 100-year floodplain and is in the Shoreline Jurisdiction, therefore a SEPA checklist is required. The project is located in the Urban Shoreline Jurisdiction. Therefore, a Shoreline Substantial Development approval 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: October 7 – 21, 2020
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. Shoreline Substantial Development Permit, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
4. Building Permit, City of Ferndale
5. Site Plan Review Application, 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.
Compliance with City Floodplain Regulations.
Outside materials and storage shall be minimized and shall be placed in an area or at an elevation that will prevent leaks, contamination, or additional debris from entering the floodplain during a flood event.
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.
The applicant will comply with all applicable City, Ecology and FEMA floodplain regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
ENERGY: The project will be built to modern emission standards.
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.
LAND AND SHORELINE USE: The project will comply with the City’s Shoreline Master Program and the Mixed-Use Zoning Regulations.
TRANSPORTATION: Payment of traffic impact fees is mandatory. Access roads will be constructed to City standard.
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 October 7, 2020