Legal Notices

Forks Forum – Legal Notices February 9, 2012 issue

Disposal of Special Education Records

Quillayute Valley School District

Special Education Records Disposal

According to the Washington Administrative Code (WAC) and the Family Education Rights and Privacy

Act (FERPA), School Districts are required to retain a student’s Special Education File for six years after the student withdraws from the District’s Special Education Program. After the six-year time period, it is mandatory that School Districts advise students/ 

parents/guardians of the pending disposal of the Student History File and offer them the opportunity to take possession of the file or any of its contents.

This advertisement serves as notification of the pending disposal of all students’ special education records who have withdrawn from the Quillayute Valley School District’s Special Education Program between March 22, 2004 and December 8, 2005. We will require proof of identity prior to receipt of records.

The date of disposal for all unclaimed student Special Education records is March 1, 2012. To obtain records or if you have any questions please contact Traci [email protected] 360-374-6262 ext 104.

Published Forks Forum, Thursday, February 2 and Thursday, February 9, 2012


SEPA Rules – WAC 197-11-970 Mitigated Determination of Non-Significance (MDNS) Division Street Reconstruction 200 through 500 Block of Division Street 

City of Forks

Project Proponent: 

Dave Zellar, City of Forks Public Works Director

500 East Division Street

Forks, WA 98331

Description of proposal: Reconstruction of East Division Street from Spartan Avenue to Maple Street.  Approximately 2.1 acres are associated with this construction project.  Work will include clearing and removal of the existing roadway, grading, backfill, and compaction.  Construction will include curbs, gutters, sidewalks, roadway and base reconstruction to create two 13-feet travel lanes, storm drainage improvements (including storm drainage collection and conveyance), temporary traffic control, minor landscaping, pavement marking, and signage.

LOCATION:Those portions of Division Street lying between SR 101 and Maple Street consisting of approximately 2.1 acres and ¼ of a mile of roadway.

GENERAL LEGAL DESCRIPTION:Those portions of East Division Street located within the NE ¼ of Section 9, Township 28 N, Range 13 W, W.M.   A detailed map of the location of the roadway construction project, and parcels that may be directly impacted, can be reviewed at Forks City Hall (500 East Division).

Lead Agency: 

Rod Fleck, City Attorney/Planner

City Planning Department,

City of Forks

500 East Division

Forks, Washington 98331


Project: As noted above, the project consists of reconstructing East Division Street from Spartan Avenue to Maple Street.  The reconstruction will include removing the existing roadway and rebuilding it with additional base material (estimated 1,800 cubic yards of fill material will be utilized with another 1,800 cubic yards removed from the site).  The rebuilt roadway will consist of two 13-foot travel lanes which will be slightly wider than the existing roadway, have a shoulder on one side, with an Americans with Disabilities Act compliant sidewalk on the other, and also curb and gutters.  The project will also include an extension of the roadway sidewalk to City Hall with accompanying landscaping.  Two different approaches are associated with stormwater and the existing conveyance of Peterson Creek.  All roadway and sidewalk related stormwater drainage will be captured on site and infiltrated on site.  The existing culverted conveyance of Peterson Creek underneath Division Street will be replaced and reconstructed with smooth-bore construction.  This is not considered fish habitat and the new construction will be done in a manner to replace the roughly 80 year old, Work Project Administration, existing conveyance.  No new stormwater access will be created or allowed into this replaced conveyance structure.  Excavation down to five feet below existing grade is expected.

Finally, the entire project will see the construction of a curb and sidewalk meeting the American with Disabilities Act requirements for pedestrian walkways. The project is approximately ¼ of a mile in length. 

Documents associated with this review and determination include:

 An Archaeological survey of the Division Street Improvement Project Area, Forks, Clallam County, Washington by Gary C. Wessen, Ph.D., July 2011 determining that the proposed project will “not adversely impact potentially significant archaeological resources.”

Department of Archaeology & Historic Preservation EZ-1 Form, dated 5 Jan 2011.

Department of Archaeology & Historic Preservation Response, dated 7 Feb 2011, requesting that a cultural resources survey be undertaken.

Prior SEPA Documents: None associated with this project. 

Mitigation required:       

o    Applicant will be required to obtain a grading permit from the City of Forks and as part of that permit application provide for the review and approval of the Public Works Director and/or Building Inspector the erosion controls that will be used during construction.  Grading permit application, and accompanying documents, must incorporate ‘best management practices’ associated with erosion control and ensure that siltation is managed on site.

o    The construction contract documents will require the contractor to incorporate provisions for erosion control that utilize ‘best management practices’ for this region of the state that could include the use of such things as silt fencing, visqueen, etc. during construction period to reduce potential of silted stormwater leaving the site.  In addition, the project will be temporarily shut down during severe weather conditions.  Please note that recent publications of the Department of Ecology prohibit the use of hay/straw bales for siltation control devices. 

o    Applicant is also given notice that they will be required to obtain a common plat related NDPES permit from the Department of Ecology for a common plan of development and the associated stormwater issues associated with that development.  This permit is granted and enforced solely by the Department of Ecology.  Additional information could be obtained from DOE’s Joyce Smith 360/407-6858.

o    The construction contract will include provisions for dust control, such as watering of construction areas, if necessary. 

o    Construction related working hours will be established by the contract limiting working hours to weekdays from 7:00 A.M. to 6:00 P.M. unless otherwise approved in advance by the City as required by contract. 

o    Proponent will provide proof of disposal of excavated soil and roadway, if necessary, at a site/location agreed upon by the Public Works Director.   Further the construction contractor will provide necessary proof that disposal of said materials was undertaken in such a manner as to comport with applicable local, state and federal laws.

o    Disturbed soils shall be hydroseed utilizing appropriate grass mixes and take necessary precautions to address erosion control.   It is noted that the applicant has incorporated this into their proposal, as well as the utilization of native vegetation for landscaping.

o    A detailed traffic control plan will be developed in conjunction with the City’s Public Works Director at least 45 days prior to construction and disseminated to the public in a manner deemed most applicable by the Project Applicant.

o    Applicant is required to notify the City if during the excavation items of archeological significance are discovered.  In such a situation, the applicant would be required to stop construction activities until further inquiries could be made to local and state agencies.  Contract documents must include a specific procedure for the Contractor to respond to any such discovery.

The Lead Agency has determined that the above items do not have a probable significant adverse impact based upon the proposed mitigation required above.  An environmental impact statement (EIS) is not required under RCW 43.21C.030(2).  This decision was made after review of a complete environmental checklist and other information on file with the lead agency and upon the following findings.  This information is available to the public on request.

This MDNS is issued under 197-11-340 (2); the lead agency will not act on this proposal for a period of 14 days from the date of issuance to allow for agency review and comment, as well as comments from the general public.  Comments must be submitted to the City Planner at:

Rod Fleck, City Attorney/Planner

Forks City Hall

500 East Division

Forks, Washington 98331

 Comments will be accepted up to 5 p.m., 17 February 2012.  The City will review said comments together to determine the impact upon the stated MDNS.    Submittal of comments is not the same as a written appeal of this determination, or asserting lead agency status.

You may appeal this determination no later than 5 p.m., 17 February 2012, by filing a written appeal with the City Clerk of Forks at 500 East Division, Forks, Washington 98331.  You should be prepared to make specific factual objections.  The appeal must be received prior to 5 P.M.  Contact Rod Fleck at 360/374-5412, ext. 245 to read or ask about the procedures for appeals.

Signed on 3 February 2012

William R. Fleck


Published Forks Forum, Thursday, February 9, 2012

Public Hearing

Public Hearing/Discussion with the Forks City Council Regarding the Effort to Continue Racing at 

The Forks Municipal Airport

13 Feb 2012

7:30 p.m.

Forks City Council Chamber

500 East Division Street

Forks, Washington

Tenants of the Forks Municipal Airport, interested stakeholders, airport neighbors and the general public are invited to attend and participate in a public hearing with the Forks City Council regarding the effort to continue the current racing activities at the Forks Municipal Airport.  The City Council in November 2011 determined to pursue a temporary closure of the Forks Municipal Airport in a manner similar to what has taken place at the Forks Municipal Airport.  This has consisted of temporarily closing the Forks Municipal Airport for approximately a 72 hour period over one weekend a month during the months of May, June, July, August, and September. 

Based upon the decision of the City Council to pursue this formal request for a temporary closure, the City is seeking public comment regarding the continuation of the racing activities at the Forks Municipal Airport.  Written comments can also be submitted by the public by mailing them to:  City of Forks – Racing Issue, 500 East Division Street, Forks, Washington 98331.  Written comments may be received up to the closure of the hearing before the City Council.

Individuals needing additional information, or special accommodations in order to participate in this hearing should contact Rod Fleck, Attorney/Planner, at 360/374-5412, ext. 245. 

Published Forks Forum, Thursday, February 9, 2012

Notice of Public Meeting

 Forks Planning Commission

16 Feb 2012

6:00 P.M. – 7:00 P.M.

City Council Chambers

500 East Division Street

Forks, WA 98331

Notice is hereby given that the Forks Planning Commission will meet from 6:00 p.m. to 7:00 p.m., 16 Feb 2012 in the Forks City Council Chambers located at City Hall, 500 East Division Street in Forks.    The agenda for the meeting is as follows:

1.  Approval of the agenda

2. Shoreline Management Plan – Further Discussions

a. “Urban – Low Habitat Impact” – preliminary discussion 

(Materials on both of these subjects were provided at the September Meeting – Copies will be available at meeting)

b. “Urban – Conservation” – possible application on the NOLT property bordering  Elk Creek with the FUGA.

c.  Vegetative Buffers and Development Set-backs

3.  Other business of the commission

4.  Adjournment

Individuals requiring special assistance in order to participate in the hearing should contact Mr. Fleck prior to the meeting. He can be reached at 360/374-5412, ext. 245. 

Published Forks Forum, Thursday, February 9, 2012