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Padden Creek contractor seeks waiver for night work in Bellingham

A contractor hired to build a culvert and other infrastructure to make it easier for migrating salmon in Padden Creek is seeking to operate on a 24-hour schedule because of delays from a fuel spill that it caused last month.

Bellingham City Council members are expected to discuss the request from Faber Construction at a committee meeting set for 1:30 p.m. Monday. A vote is expected when the full council meets at 7 p.m. Monday in City Hall, 210 Lottie St.

Both meetings will be streamed live on the city’s BTV Live channel on YouTube.

Under federal law, all in-stream work in salmon-bearing waters must end by Sept. 30 every year.

“The city has applied for an extension of two weeks for this fish window. Approximately three weeks have been lost during this fish window due to the diesel spills that occurred in August. To meet this regulatory fish window, the project envisions allowing the contractor to work 24 hours a day if needed,” Public Works Director Joel Pfundt said in a memo seeking a City Council waiver for Faber regarding the city’s nighttime noise ordinance.

Faber started work on the project July 1, replacing an old culvert with a wider one, and replacing an old fish ladder with a natural-looking boulder field, according to previous Bellingham Herald reporting.

Absorbent pads were employed last month along Padden Creek from the 12th Street bridge crossing.
Absorbent pads were employed last month along Padden Creek from the 12th Street bridge crossing. Rachel Showalter The Bellingham Herald

Work halted Aug. 3, however, when the first of two diesel spills from a pump being used in the creek sent nearly 700 gallons into the creek, killing several fish and damaging creekside vegetation.

Work on the culvert and fish ladder project resumed in late August after 23 truckloads of contaminated dirt were hauled away under a “unified command” of agencies that included the city of Bellingham and the state Department of Ecology.

Final cleanup costs and who will pay them haven’t been determined.

About 200 homes are located within a quarter-mile of the project, which is mostly along the creek between 12th and 10th streets.

“Additional notifications will be sent to surrounding property owners regarding information on the project and the work hours. Property owners will be provided with designated contacts for the project where they can express any concerns during construction,” Pfundt said in the memo.

A map from the state Department of Ecology shows the construction site on Padden Creek near the Fairhaven neighborhood of Bellingham.
A map from the state Department of Ecology shows the construction site on Padden Creek near the Fairhaven neighborhood of Bellingham. Washington State Department of Ecology Courtesy to The Bellingham Herald
Robert Mittendorf
The Bellingham Herald
Robert Mittendorf covers civic issues, weather, traffic and how people are coping with the high cost of housing for The Bellingham Herald. A journalist since 1984, he also served 22 years as a volunteer firefighter for South Whatcom Fire Authority before retiring in 2025.
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