HomeMy WebLinkAboutSHR2020-00012 Variance SFR Setback - SHR Application - 12/7/2020 RECEIVED: E V--
MASON COUNTY DEC 0 7 2020
I COMMUNITY SERVICES 615 W. q
Building,Planning,Environmental Health,Community Health Ider S tree t
615 W.Alder St.-Bldg.8,Shelton,Wa 98584 1^
Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 PERMIT NO.: S �� 2o -doolZ
SHORELINE PERMIT APPLICATION
SHORELINE PERMITS
CONDITIONAL USE* SUBSTANTIAL DEVELOPMENT
VARIANCE* X EXEMPTION
The Washington State Shoreline Management Act(RCW 90.58) requires that substantial developments within designated
shorelines of the state comply with its administrative procedures (WAC 173-14) and the provisions of the Mason County
Shoreline Management Master Program. The purpose of this Act and local program is to protect the state's shoreline
resources. The program requires that substantial development (any development of which the total cost or fair market
value exceeds $7,047.00 or materially interferes with the normal public use of the water or shorelines of the State be
reviewed with the goals, polices, and performance standards established in the Master Program.
Answer all questions completely. Attach any additional information that may further describe the proposed development.
Incomplete applications will be returned.
*Shoreline Variances and Conditional uses require public hearings and have additional pages that shall be
attached to this application.
APPLICANT: Philip N Bayley as trustee of Frihet Trust
ADDRESS: 8971 E State Route 106
(street)
Union WA 98592
(city) (state) (zip)
TELEPHONE: (206) 353-5886
(home) (business)
AUTHORIZED REPRESENTATIVE: Rob Nagel
ADDRESS: PO BOX 2466
(street)
Shelton WA 98584
(city) (state) (zip)
TELEPHONE: (360) 229-3118
PROPERTY DESCRIPTION:
General location(include property address,water body and associated wetlands—identify the name of the shoreline):
Lot between 8791 and 8821 E State Route 106, Union, WA 98592.
Rev. March 1, 2018
The water body is the Hood Canal East of Union on the South shoreline.
Include all parcel numbers: Projects located in open water areas, away from land shall provide latitude/longitude.
32235-32-00020
OWNERSHIP: Contract
Applicant Owner X Lessee Purchaser (Identify) Other
Owner:
Frihet Trust, Philip N Bayley Trustee
8971 E State Route 106 Union WA 98592
(street) (city) (state) (zip)
DEVELOPMENT DESCRIPTON:
Development proposal(identify and describe the proposed project, including the type of materials to be used, construction
methods, principle dimensions, and other pertinent information):
Construction of a Single-Family Residence along the "commonline setback" approximately 12-14ft
landward of an existing concrete bulkhead.
Existing Use(identify current use of property with exist improvements):
Currently a vacant gravel lot with an existing concrete bulkhead.
Reason for requesting development:
The shoreline encompasses the entire lot and the owner lacks a reasonable use of their property
The applicant shall provide, at a minimum, the following information:
a. SITE PLAN -drawn to scale and including:
i. The boundary of the parcel(s)of land upon which the development is proposed;
i
ii. The ordinary high water mark(OHWM). This may be an approximate location provided, that for
any development where a determination of consistency with the applicable regulations requires a
precise location of the OHWM the mark shall be located precisely and the biological and
hydrological basis for the location as indicated on the plans shall be included in the development
plan.Where the OHWM is neither adjacent to or within the boundary of the project, the plan shall
indicate the distance and direction to the nearest OHWM of a shoreline;
iii. Where appropriate, the proposed land contours using five-foot intervals in water area and ten-foot
intervals on areas landward of OHWM, if development involves grading, cutting,filling, or other
alteration of land contours;
iv. The dimensions and location of existing structures which will be maintained;
V. The dimensions and locations of proposed structures; parking and landscaping;
vi. The location of proposed utilities, such as sewer, septic tanks and drain fields, water, gas and
electricity;
vii. The location, source, composition, and volume of fill material;
viii. The location, composition and volume of any extracted materials, and proposed disposal area;
b. CROSS SECTION,drawn to scale including:
i. The existing ground elevations;
ii. The proposed ground elevations;
iii. The location and height of existing structures;
iv. The location and height of proposed structures;
V. The OHWM.
c. VICINITY MAP, including:
i. The location of subject parcel using natural points of reference(roads, state highways, prominent
landmarks, etc.).
ii. If the development involves the removal of any soils by dredging or otherwise, identify the
proposed disposal site on the map. If disposal site is beyond the confines of the vicinity map,
provide another vicinity map showing the precise location of the disposal site and its distance to
nearest city or town.
iii. On the map, or separately, give a brief narrative description of the vicinity of the proposed project
including identification of the adjacent uses, structures and improvements, intensity of
development and physical characteristics.
d. ADJACENT LANDOWNERS. Provide names and mailing addresses of all real property owners
within 300 feet of property line boundaries where development is proposed.
ACKOWLEDGEMENT:
I hereby dec o the best of my knowledge and belief, the forgoing information and all attached information is true and
correct.
JAPPI1,08nt or Authorized Representative) (date)
r 1
Publication Cost Agreement
Publication cost is the responsibility of the applicant.Final permit processing will not occur until advertising fees have
been paid to the newspaper by the applicant.The Shelton-Mason County Journal will bill the applicant directly.
I/WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that
is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as
complete.
Signature of Pgopfrity O e Date Print Name
OR
Signature of Applicant Date Print Name
PLANNING
MASON COUNTY F�V
COMMUNITY SERVICES s� OFF,
Building,Planning,Environmental Health,Community Health S
615 W.Alder St.—Bldg.8,Shelton,Wa 98584
Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798
Str�e�
ADDITIONAL INFORMATION FOR SHORELINE VARIANCE
The purpose of a Variance Permit is strictly limited to granting relief to specific bulk, dimensional or
performance standards set forth in the Master Program,where there are extraordinary or unique
circumstances relating to the property such that the strict implementation of the Master Program would
impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.
Variance permits should be granted in circumstances where denial of the permit would result in a
thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate
that extraordinary circumstances shall be shown and the public interest shall suffer no substantial
detrimental effect.
Variance Permits for development that will be located landward of the ordinary high water mark
(OHWM), except those areas designated as wetlands, may be authorized provided the applicant can
demonstrate all of the following:
1. That the strict application of the bulk,dimensional or performance standards set forth in the Master
Program precludes or significantly interferes with a reasonable use of the property not otherwise
prohibited by the Master Program;
The lot is completely encompased by the shoreline buffer.
2. That the hardship which serves as a basis for the granting of the variance is specifically related to the
property of the applicant,and is the result of unique conditions such as irregular lot shape,size,or
natural features and the application of the Master Program, and not,for example from deed restrictions
or the applicant's own actions;
The applicant is the lot owner, and the size and proximity of the lot to the Hood Canal, in conjunction
with the large shoreline buffer are the reason for the hardship.
3. That the design of the project will be compatible with other permitted activities in the area and will
not cause adverse effects to adjacent properties or the shoreline environment;
Rev.March 1,2018
The proposed SFR is set at the commonline of two adjacent residential structures of greater size.
A Habitat Management Plan has been developed for this lot to avoid or mitigate any
potential adverse impacts of this development.
4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the
other properties in the area, and will be the minimum necessary to afford relief;
The variance request would place the SFR at the commonline of two adjacent residences,
which will leave just enough room on the landward side of the building to accomodate the
on-site sewage system.
5. That the variance requested is the minimum necessary to afford relief;
The requested variance is the minimum necessary to allow a 1,061ft2 SFR to be constructed
on this size of lot.
6. That the public interest will suffer no substantial detrimental effect;
The proposed development is consistant with the other uses of the shoreline in this area of the
Hood Canal, and will result in a net benefit to the shoreline's ecological functions with the implementation
of the proposed Habitat Management Plan for the lot.
Variance Permits for development that will be located either waterward of the ordinary high water
mark, or within wetlands, may be authorized provided the applicant can demonstrate, in addition to
Items 1-6 above,that:
1. The strict application of the bulk, dimensional or performance standards set forth in this master
program precludes all reasonable use of the property;
2. The public rights of navigation and use of the shorelines will not be adversely affected by the
granting of the variance;
Page 2 of 3
In the granting of all Variance Permits,consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example, if variances were granted to other
developments in the area where similar circumstances exist the total of the variances should also
remain consistent with the policies of RCW 90.58.020 and should not produce substantial adverse
effects to the shoreline environment.
ACKOWLEDGEMENT
I hereby declare, to the best of my knowledge and belief, the forgoing information and all
attache information is true and correct.
EX71 C-51
(propert ner eCaAoriz6d representative) (date)
Page 3 of 3
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PO Box 2466
Shelton,WA 98584
(425)344 9315
arctosaerialCgmail.com
www.arctosaerial.com
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AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
) ss:
COUNTY OF MASON )
RE: (Parcel#or Address of Site): 35 -32 ~0DO aO
I, Julie Lewis , Planner for Mason County, do hereby certify that I have posted 1 copies
of the attached:
Notice of Application and Public Hearing
�A On this day of/A Qr;l 120 2) in o2, conspicuous
places as follows:
o One at The Site
o One at The Mason County Building One's Public Bulletin Board [411 N 5eh St—Shelton,WA]
o One at
In witness whereof, the party has signed this Affidavit of Posting Notice this� day of
A nr: I , 20 al
Signed by Julie Lewis
Mason County Community Services Department
615 W. Alder St—Shelton, WA 98584
Subscribed and sworn before me this 1 Z day of PP12 1
202,1 , 1 certify that ub C LQLj S signed this document.
r`•a"�A.PAYSS
N EXP�q��• ''�i�'
I PRY s
NOTARY PUBLIC in and for the State of Washington,
o �0 G Printed Name of Notary: ►`►(,a n Z m R,,uSSE
residing at: {N1G�UiYI �G�
C9.
'4�'%,S'j: ` •';r��,`�� My Commission Expires: IZ�Z��ZoZ
James and Bonnie Manke LLC Frihet Trust Lavington et al. Lisa
C/O Manke Lumber CO Philip N Bayley Trustee Lisa Grimes
1717 Marine View Dr 8791 E State Route 106 2120 S 279th PI
Tacoma, WA 98422-4192 Union,WA 98592 Federal Way, WA 98003
Oblizalo, Kelle REI Schlosser, Paul Esterling, Robert E Jr& Debra C
PO Box 451 19750 53rd Ave NE 8820 E State Route 106
Union, WA 98592 Lake Forest Park,WA 98155-3032 Union, WA 98592
State of Washington
Dept of Transportation Tylczak et al.John &Staci Joseph
State Lands Division Whitacre,Jo Anne H Tylczak
PO Box 47440 PO Box 582 1005 N Cedar
Olympia, WA 98504-7440 Union,WA 98592-0582 Tacoma,WA 98406
Hillier,James T Wanda Lexine
PO Box 263
Union, WA 98592-0263
Julie Lewis
From: Mariah Frazier
Sent: Monday, April 5, 2021 3:38 PM
To: Julie Lewis
Subject: FW: Notice of Application and Hearing
Mariah Frazier
Mason County Community Development
Clerical/Addressing Technician
(360)427-9670 x365
mfrazier@co.mason.wa.us
-----Original Message-----
From:Shelton-Mason County Journal<jlegals@masoncounty.com>
Sent: Monday,April 5,20213:33 PM
To: Mariah Frazier<MFrazier@co.mason.wa.us>
Subject: Re: Notice of Application and Hearing
The legal number is 2951 and the total is$204.
It reads:
PUBLIC NOTICE
Notice of Application and Public Hearing Notice is hereby given that Philip Bayley,who is the applicant for the following
proposal, has filed an application for Shoreline Variance (SHR2020-00012)to develop a single-family residence within 14
feet of Hood Canal at its closest point on an undeveloped lot. Location: E State Route 106, Union,WA 98588 Parcel
Numbers:32235-32-00020 Date of complete Application: February 3, 2021 The proposed development is reviewed
under the applicable chapters of the Shoreline Master Program, Resource Ordinance,Title 15,and Shorelines of
Statewide Significance Regulations.The proposal requires Hearing Examiner approval,with final approval with the
Department of Ecology. Project is SEPA exempt per WAC 197-11-800(1)(b).Any person desiring to express their view or
to be notified of the action taken on the application should join the virtual Public Hearing via Zoom on Wednesday May
12,2021 at 1:OOp.m. or mail comments or questions to Julie Lewis, Planner, Mason County Department of Community
Services, 615 W.Alder St.;Shelton,WA 98584. Or Email at JLewis@co.mason.wa.us.A PUBLIC HEARING will be held on
Wednesday May 12, 2021 at 1:00 p.m. by the Mason County Hearing Examiner on the proposed project via Zoom.
Directions on how to access the hearing will be located on the Mason County website at
https://www.co.mason.wa.us/hearings-examiner/index.php under the appropriately dated agenda, or you can call the
Hearing Examiner Clerk at 360.427.9670 ext. 365 for assistance.Written and oral testimony will be accepted up to the
close of the hearing. A decision on these applications will be made within 120 days of the date of the complete
application.
2951 April 8 1t
Your legal number is your confirmation that we have received your public notice information.The total due for the run
date(s)scheduled is also noted.
Above may appear a proof of your notice. If we do not hear from you by the deadline, we will assume it is correct.
Deadline for public notices is each Monday by 5pm (or previous Friday when there is a holiday the following week).
1
Publication is each Thursday. Payment prior to publication may be required. Credit card transactions in excess of$500
may be subject to a 3%convenience/processing fee.
One(1)signed, notarized affidavit will be mailed to the purchaser within 5 business days of the final day of publication;
additional or replacement copies are charged$30 each. Please note:each public notice("legal") is processed in the
order received. Identical public notices that are re-sent are subject to being run and billed an additional time; please do
not re-attach your original public notice in any future correspondence relating to it except upon our request.
For quality control, limit to 1 (one) public notice, in Word format per email. If sent in more than one attachment, please
confirm with clear instructions.
Thank you,
Legals Department
Shelton-Mason County Journal
PO Box 430,Shelton,WA 98584 360-426-4412
legals@masoncounty.com
Est. 1886 • The adjudicated newspaper of record for Mason County.
>On Apr 5, 2021, at 3:18 PM, Mariah Frazier<MFrazier@co.mason.wa.us>wrote:
>Please publish the attached Notice one (1)time:
>Thursday,April 8, 2021
> Per the attached PCA, please bill:
>Phil Bayley
>c/o Arctos Aerial
>PO Box 2466
>Shelton,WA 98584
> Mariah Frazier
>Mason County Community Development
>Clerical/Addressing Technician
z
0
Q � O
i NORTH CEDAR STREET / TA MA , WASH GTON 98406
(V ff
May 7,2021
Greetings—
This letter is in opposition to the variance (SHR2020-00012) requested by Philip N.Bayley.
I am concerned that Mr.Bayley's application for a variance is likely to result in yet further evidence on
his lengthy resume for disregarding common courtesies and governmental regulations when it suits his
personal ambitions.I offer several examples:
In July 2017,Mr.Bailey built a cement shoreline bulkhead for the lot on which he seeks the variance
without the proper permitting.The Corps of Engineers and the U.S. Environmental Protection Agency
both ordered a halt which he subsequently ignored.He is currently facing civil charges from the E.P.A.for
violations to the federal Clean Water Act.
In 2019,the Washington State Department of Financial Institutions ruled that Mr.Bayley,a registered
investment adviser operating as Bayley Financial,Inc.,had been engaged in a series of"dishonest and
unethical practices"as per regulations of WAC 460-24A220,the fraud prohibitions of RCW 21.20.020,
and the suitability requirements of RCW 21.20.702.He subsequently lost his State license to engage
further in this activity.
In 2019,Mr.Bayley filed for Chapter 7 bankruptcy.
I am the property owner on which the"Class B"Pebbly Water System water tank is situated.Mr.
Bayley is the current commissioner of that unincorporated operation.
In 2019,he directed the erection a new$38,000 water tank on my property without notifying me.I
also have no evidence that he ever bothered to secure a building permit.
In the years that he has served as commissioner,he has never bothered to update the State Department
of Health Water Facilities Inventory form.Thus they do not have on record that the Pebbly Water System
currently has exceeded(by approximately 40%)the permitted number of hook-ups. It is his intent,I
believe,if granted this building variance to give himself yet another water hook-up.
Further,in regard to the Water Facilities Inventory,he has failed to notify state officials that he
is currently operating a commercial resort business on his two hook-ups (that he advertises can
accommodate 18 guests on a daily basis).
Mr. Bayley's current variance application states that it is"to develop a single-family residence"but
this is doubtful.Mr.Bailey is,in reality,operating a small commercial resort and his true intent,I believe,
is to build one more rental property.
My personal concern now is that one day I will visit my property and,to my surprise,find that he has
drilled a new water well to accommodate his personal ambitions.
The County and the State create regulations with the intent of accommodating the best interests of all
the people they serve.If this variance is approved I believe it will only result in continued"bad behavior"
on the part of Mr.Bayley and set precedents that will result in regrettable outcomes.
John Tylczak
Attachments: - WAC 246-291-280(Existing Group B Systems)
Water Facilities Inventory Form
WAC 246-291-280 Existing Group B systems. (1) A purveyor of a
Group B system shall apply for and obtain design approval under WAC
246-291-120, or approval under subsection (3) of this section before
the system:
(a) Expands to serve a new service connection needing potable wa-
ter; or
(b) Provides potable water for a new use of an existing service
connection if a local permitting authority requires an approved public
water supply as a condition of an approval of the new use.
(2) A local permitting authority may determine a Group B system
constructed before January 1, 2014, without design approval under this
chapter, to be adequate for existing connections if, at a minimum, the
following requirements are met:
(a) The system's source(s) must meet well construction standards,
under chapter 173-160 WAC;
(b) A well site inspection completed by the department, local
health jurisdiction, or designee has documented that there are no
sources of contamination in the SCA that could create a public health
risk;
(c) The system meets water quality standards under WAC
246-291-170, Table 2; and
(d) The system is capable of maintaining a minimum 20 psi at all
points throughout the distribution system during peak demand.
(3) A purveyor of a Group B system approved prior to January 1,
2014, may provide potable water to additional service connections pro-
vided that:
(a) The expanded use is consistent with the existing design ap-
proval;
(b) The expanded use does not exceed the number of approved serv-
ice connections; and
(c) The purveyor complies with all locally adopted requirements.
[Statutory Authority: RCW 43.20.050 and chapter 70.119A RCW. WSR
12-24-070, § 246-291-280, filed 12/4/12, effective 1/1/14. 1
Certified on 10/25/2019 WAC 246-291-280 Page 1
WATER FACILITIES INVENTORY(WFI) Quarter: 0
FORM updated: 0&25/2001
�iPrinted: 4/2612021
Health ONE FORM PER SYSTEM WFI Printed For. On-Demand
urm w n mr r 1ortn
off:.".i�.,,,
Submission Reason: Other
RETURN TO: Central Services-WFI,PO Box 47822,Olympia,WA,98504-7822
1,SYSTEM ID NO. 2 SYSTEM , 3. COUNTY 4.GROUP I 5.TYPE
667073 PEBBLY MASON B
6.PRIMARY CONTACT NAME 3 MAILING ADDRESS 7.OWNER NAME S MAILING ADDRESS
CHUCK KIRSCHNER[MANAGER] PEBBLY WATER SYSTEM OWNER ORG-PRIMARY
PO BOX 154 NEED PRIMARY CONTACT OWNER
UNION,WA 98592 ORG 007462 PEBBLY WATER SYSTE
PO BOX 154
UNION,WA 98592
STREET ADDRESS IF DIFFERENT FROM ABOVE STREET ADDRESS IF DIFFERENT FROM ABOVE
ATTN ATTN
ADDRESS ADDRESS
CITY STATE ZIP CITY STATE ZIP
S.24 HOUR PRIMARY CONTACT INFORMATION 10.OWNER CONTACT INFORMATION
Primary Contact Daytime Phone. (360)898-2757 Owner Daytime Phone.
Primary Contact Mobile/Cell Phone. Owner Mobile/Cell Phone:
Primary Contact Evening Phone: Owner Evening Phone:
Fax E-mail: Fax: E-mail:
1.SATELLITE MANAGEMENT AGENCY-SMA(check only one)
X Not applicable(Skip to#12)
Owned and Managed SMA NAME: SMA Number:
Managed Only
Owned Only
12.WATER SYSTEM CHARACTERISTICS(mark ell that apply)
Cj Agricultural ❑Hospital/Clinic Residential
❑Commercial/Business ❑Industrial ❑School
Day Care ❑Licensed Residential Facility Temporary Farm Worker
❑Food Service/Food Permit ❑Lodging Other(church,fire station,etcEl .):
1,000 or more person event for 2 or more days per year Recreational/RV Park
3.WATER SYSTEM OWNERSHIP mark only one) �4. STORAGE CAPACITY(gallons)
❑Association ❑County o Investor Special District
❑City/Town L1Federal 0State 5,000
15 16 17 18 19 20 21 -- 22 23 24
SOURCE NAME INTERTIE SOURCE CATEGORY USE TREATMENT DEPTH SOURCE LOCATION
v o
�? z m n
LIST UTILITY'S NAME FOR SOURCE z m N _ y 9 H
AND WELL TAG ID NUMBER. _ = c < 0 n m pzz m n m
c� Example:WELL#1 XYZ456 D v y y T m m r c v <o m< O
a m z m lZ A N m 3 A y ''0 > r m A O rn z O
z IF SOURCE IS PURCHASED OR INTERTIE5 rr- cn cb [i F f rD- O D 3 O O_ O Z-� a m c f AA
3 1NTERTIED, SYSTEM rri m rn rn rn D m = m z z o < '� = m'Oo C O m rn =
o LIST SELLER'S NAME ID r r r z r r 1� m z m z D n m z O 0 " C m m z O m = L7
a Fsample:SEATTLE NUMBER r o O C� 0 0 A a < -1 r < G m z z z 5 M z !^H z X 'a m
SOi SPRING ON 2-21-3W x -1 1 X 0 02 21N 03W
DOH 331-011(Rev.06/03) DOH Copy Page: 1
WATER FACILITIES INVENTORY (WFI) FORM - Continued
1.SYSTEM ID NO. 2.SYSTEM NAME 3. COUNTY 4. GROUP 5.TYPE
66707 3 PEBBLY MASON B
DOH USE ONLY! H USE ONLY
ACTIVE CALCULATED APPROVED
SERVICE ACTIVE CONNECTIONS
CONNECTIONS CONNECTIONS
25.SINGLE FAMILY RESIDENCES(4ow many of the following do you have?) 2 Undetermined
A. Full Time Single Family Residences(Occupied 180 days or more per year) 2
B. Part Time Single Family Residences(Occupied less than 180 days per year) 0
26.MULTI-FAMILY RESIDENTIAL BUILDINGS(How many of the following do you have?)
A.Apartment Buildings,condos,duplexes,barracks,dorms 0
B. Full Time Residential Units in the Apartments,Condos,Duplexes,Dorms that are occupied more than 180 days/year 0
C. Part Time Residential Units in the Apartments,Condos,Duplexes,Dorms that are occupied less than 180 days/year 0
27.NON-RESIDENTIAL CONNEC71ONS(How many of the following do you have?)
A.Recreational Services and/or Transient Accommodations(Campsites,RV sites,hotellmotel/overnight units) 0 0
B. Institutional,Commercial/Business,School,Day Care,Industrial Services,etc. 7 7
28.TOTAL SERVICE CONNECTIONS 9
29.FULL-TIME RESIDENTIAL POPULATION
A How many residents are served by this system 180 or more days per year? 7
30.PART-TIME RESIDENTIAL POPULATION JAN FEB MAR APR MAY I JUN JUL AUG SEP OCT NOV DEC
A How many part-time residents are present each month?
B. How many days per month are they present?
31.TEMPORARY&TRANSIENT USERS JAN FEB MAR APR MAY JUN JUL I AUG SEP OCT NOV DEC
A How many total visitors,attendees,travelers,campers,patients 500 500 500 500 500 500 Soo Soo 500 500 Soo Soo
or customers have access to the water system each month?
B. How many days per month is water accessible to the public? 30 30 30 30 30 30 30 30 30 30 30 30
32.REGULAR NON-RESIDENTIAL USERS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
A. If you have schools,daycares,or businesses connected to your
water system,how many students,daycare children and/or
employees are present each month that are NOT alrealy included in
the residential population?
B. How many days per month are they present?
33.ROUTINE COLIFORM SCHEDULE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
34.NITRATE SCHEDULE QUARTERLY ANNUALLY ONCE EVERY 3 YEARS
(One Sample per source by time period)
35.Reason for Submitting WFI:
❑Update-Change ❑Update-No Change ❑Inactivate ❑Re-Activate ❑Name Change ❑New System ❑Other
36. 1 certify that the information stated on this WFI form is correct to the best of my knowledge.
SIGNATURE: DATE:
PRINT NAME: TITLE:
DOH 331-011(Rev.06/03) DOH Copy Page: 2
JINORTH CEDAR STREET / TA MA , WASH GTO N 98406
Greetings
This letter is in opposition to the variance (SHR2020-00012) requested by Philip N. Bayley.
I am concerned that Mr.Bayley's application for a variance is likely to result in yet further evidence on
his lengthy resume for disregarding common courtesies and governmental regulations when it suits his
personal ambitions. I offer several examples:
In July 2017,Mr. Bailey built a cement shoreline bulkhead for the lot on which he seeks the variance
without the proper permitting.The Corps of Engineers and the U.S. Environmental Protection Agency
both ordered a halt which he suvsegticnily igl"lored. He is Wflelldly iacifig l;iVil cliafSes fi'o111 t11e G.I I.A. I I
violations to the federal Clean Water Act.
In 2019,the Washington State Department of Financial Institutions ruled that Mr. Bayley,a registered
investment adviser operating as Bayley Financial, Inc.,had been engaged in a series of "dishonest and
unethical practices"as per regulations of WAC 460-24A220,the fraud prohibitions of RCW 21.20.020,
and the suitability requirements of RCW 21.20.702. He subsequently lost his State license to engage
further in this activity.
In 2019,Mr. Bayley filed for Chapter 7 bankruptcy.
I am the property owner on which the "Class B" Pebbly Water System water tank is situated.Mr.
Bayley is the current commissioner of that unincorporated operation.
In 2019,he directed the erection a new$38,000 water tank on my property without notifying me. I
also have no evidence that he ever bothered to secure a building permit.
In the years that he has served as commissioner, he has never bothered to update the State Department
of Health Water Facilities Inventory form.Thus they do not have on record that the Pebbly Water System
currently has exceeded (by approximately 40%) the permitted number of hook-ups. It is his intent, I
believe,if granted this building variance to give himself yet another water hook-up.
Further,in regard to the Water Facilities Inventory,he has failed to notify state officials that he
is currently operating a commercial resort business on his two hook-ups (that he advertises can
accommodate 18 guests on a daily basis). Y°
Mr. Bayley's current variance application states that it is"to develop a single-family residence"but
this is doubtful.Mr.Bailey is, in reality,operating a small commercial resort and his true intent,I believe,
is to build one more rental property.
My personal concern now is that one day I will visit my property and,to my surprise,find that he has
drilled a new water well to accommodate his personal ambitions.
The County and the State create regulations with the intent of accommodating the best interests of all
the people they serve. If this variance is approved I believe it will only result in continued"bad behavior"
on the part of Mr. Bayley and set precedents that will result in regrettable outcomes.
Jain z k
Attachments: - WAC 246-291-280 (Existing Group B Systems)
Water Facilities Inventory Form
WAc 246-291-280 Existing Group B systems. (1) A purveyor of a
Group B system shall apply for and obtain design approval under WAC
246-291-120, or approval under subsection (3) of this section before
the system:
(a) Expands to serve a new service connection needing potable wa-
ter; or
(b) Provides potable water for a new use of an existing service
connection if a local permitting authority requires an approved public
water supply as a condition of an approval of the new use.
(2) A local permitting authority may determine a Group B system
constructed before January 1, 2014, without design approval under this
chapter, to be adequate for existing connections if, at a minimum, the
following requirements are met:
(a) The system's source (s) must meet well construction standards,
under chapter 173-160 WAC;
(b) A well site inspection completed by the department, local
health jurisdiction, or designee has documented that there are no
sources of contamination in the SCA that could create a public health
risk;
(c) The system meets water quality standards under WAC
246-291-170, Table 2; and
(d) The system is capable of maintaining a minimum 20 psi at all
points throughout the distribution system during peak demand.
(3) A purveyor of a Group B system approved prior to January 1,
2014, may provide potable water to additional service connections pro-
vided that:
(a) The expanded use is consistent with the existing design ap-
proval;
(b) The expanded use does not exceed the number of approved serv-
ice connections; and
(c) The purveyor complies with all locally adopted requirements .
[Statutory Authority: RCW 43.20.050 and chapter 70 . 119A RCW. WSR
12-24-070, § 246-291-280, filed 12/4/12, effective 1/l/14 . ]
Certified on 10/25/2019 WAC 246-291-280 Page 1
WATER FACILITIES INVENTORY (WFI) ` ud1C1
Updated: 08/25/2001
j FORM
o Health Printed: 4/26/2021
ONE FORM PER SYSTEM
Dimsim,u�caoi.�,„a,e.,tart+eank WFI Printed For: On-Demand
Cffice of rSr6,kiag Water
Submission Reason: Other
RETURN TO: Central Services-WFI, PO Box 47822, Olympia,WA, 98504-7822
1. SY= M ID NO. 2. SYSTEM NAME 3. COUNTY 4, GROUP 1 5. TYPE
WMT;i JPEBBLY MASON B
R PRIMARY CONTACT NAME 3 MAILING ADDRESS 7.OWNER NAME 8 MAILING ADDRESS
CHUCK KIRSCHNER[MANAGER] PEBBLY WATER SYSTEM OWNER ORG-PRIMARY
PO BOX 154 NEED PRIMARY CONTACT OWNER
UNION,WA 98592 ORG 007462 PEBBLY WATER SYSTE
PO BOX 154
UNION,WA 98592
$7REETADDRESS IF DIFFERENT FROM ABOVE STREET ADDRESS IF DIFFERENT FROM ABOVE
ATTN ATTN
ADDRESS ADDRESS
CITY STATE Zip CITY STATE ZIP
9.24 HOUR PRIMARY CONTACT INFORMATION 10.OWNER CONTACT INFORMATION
Primary Contact Daytime Phone: (360)898-2757 Owner Daytime Phone:
Primary Contact Mobile/Cell Phone: Owner Mobile/Cell Phone:
Primary Contact Evening Phone: Owner Evening Phone:
Fax: E-mail: Fax. E-mail:
1.SATIML11 E MANAGEMENT AGENCY-SMA(check only one)
Not applicable(Skip to#12)
Owned and Managed SMA NAME: SMA Number:
Managed Only
Owned Only
11 WATM'SY61W CFIARAL MRISTICS(mark all that apply]
Agricultural Hospital/Clinic Residential
Commercial/Business Industrial School
❑Day Care Licensed Residential Facility ❑Temporary Farm Worker V
❑Food Service/Food Permit Lodging E]Other(church,fire station,etc.):
1,000 or more person event for 2 or more days per year El Recreational!RV Park
merit on y oM 4. STORAGE CAPACITY gallons)
Association E]County ❑Investor ❑Special District
❑City/Town ❑Federal X Private El State i 5,000
15 16 17 18 19 20 21 22 23 24
SOURCE NAME INTERTIE SOURCE CATEGORY USE TREATMENT DEPTH SOURCE LOCATION
on
co D
o O
LIST UTIII NAME FOR SOURCE r z z m
AND WELL TAG ID NUMBER z Z c < c n -n pAp m-+ > n
z _ A D O
Example: WELL 61 XYZ456 D 9 y y T m m r- m c C m m� _ _�
m m z n A to m O r O D D z A^ A O
IF SOURCE IS PURCHASED OR IWMRTIE r F z z m O ; m �' r�' 3 s e' z
r mc1O � � � OywO z vo0 z� rr m c
INTERTIED, SYSTEM T r _+ D D i z O m m z D D z 0 m 0 z r c� 3 z
LIST SELLER'S NAME ID m m 70 m m -t �n x m z z z z i =� x m 0 o 4 m = z
Erampb: 8EATTLE NUMBER rr o czi o 6 < z �[ o m z z i 5 z -4 z !"ai i z 'v m
S01 SPRING ON 2-21-3W X X X 0 02 21N 03W
+H+
DOH 331-011 (Rev.06103) DOH Copy Page: 1
WATER FACILITIES INVENTORY (WFI) FORM - Continued
1. SYSTEM ID NO. 1 2. SYSTEM NAME 3. COUNTY 4. GROUP 5. TYPE
667073 PEBBLY MASON B
DOH USE NLY! OH USE ONLY
ACTIVE CALCULATED APPROVED
SERVICE ACTIVE CONNECTIONS
CONNECTIONS CONNECTIONS
25. SINGLE FAMILY RESIDENCES(How many of the following do you have?) 2 Undetermined
A. Full Time Single Family Residences(Occupied 180 days or more per year) 2
B. Part Time Single Family Residences(Occupied less than 180 days per year) 0
X MULTI-FAMILY RESIDENTIAL BUILDINGS(How many of the following do you have?)
A. Apartment Buildings,condos,duplexes,barracks,dorms 0
B. Full Time Residential Units in the Apartments,Condos,Duplexes,Dorms that are occupied more than 180 days/year 0
C. Part Time Residential Units in the Apartments,Condos,Duplexes,Dorms that are occupied less than 180 days/year 0
27. NONdtESIDENTIAL CONNECTIONS(How many of the following do you have?)
A.Recreational Services and/or Transient Accommodations(Campsites,RV sites,hoteVmotel/overnight units) 0 0
B. Institutional,Commercial/Business,School,Day Care,Industrial Services,etc. 7 7
28. TOTAL SERVICE CONNECTIONS 9
29. FULL-TIME RESIDENTIAL POPULATION
A. How many residents are served by this system 180 or more days per year? 7
30. PART-TIME RESIDENTIAL POPULATION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
A. How many part-time residents are present each month?
B. How many days per month are they present?
31. TEMPORARY&TRANSIENT USERS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
A. How many total visitors,attendees,travelers,campers,patients 500 500 500 500 500 500 500 500 500 500 500 500
or customers have access to the water system each month?
B. How many days per month is water accessible to the public? 30 30 30 30 30 30 30 30 30 30 30 30
32. REGULAR NON-RESIDENTIAL USERS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
A. If you have schools,daycares,or businesses connected to your
water system,how many students,daycare children and/or
employees are present each month that are NOT alrealy included in
the residential population?
B. How many days per month are they present?
33. ROUTINE COLIFORM SCHEDULE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
34. NITRATE SCHEDULE QUARTERLY ANNUALLY ONCE EVERY 3 YEARS
(One Sample per source by time po"
35. Reason for Submftft WFI:
❑Update-Change ❑Update-No Change ❑Inactivate ❑Re-Activate ❑ Name Change ❑New System []Other
36. 1 certify that the information stated on this WFI form is correct to the best of my knowledge.
SIGNATURE: DATE:
PRINT NAME: TITLE:
DOH 331-011 (Rev.06/03) DOH Copy Page: 2
To: Julie Lewis, Planner
Mason County Dept of Community Services
Re: Philip Bayley, Application for Shoreline Variance (SHR2020-00012)
Parcel 32235-32-00020, Application dated 02/03/2021
1 wish to remain anonymous.
It seems Philip Bayley has artificially extended the size of the parcel for which he
requests a variance, by replacing an existing bulkhead with a bulkhead that is of a
different shape and extends over the beach farther than the original bulkhead. He
has installed concrete steps down to the beach, which were not part of the
original bulkhead and are not "repairs" but rather new construction on the beach.
In the process of building his bulkhead he evidently did not obtain proper permits,
and damaged the bulkhead of his neighbor to the East.
Please consider the following cases filed against Philip Bayley in evaluating his
application for a variance:
1. In US District Court (Western WA), Case No. 3:20-CV-05867 BHS (United
States of America , Plaintiff). Case currently pending. Documents are
available to the public. Further details can be obtained by contacting US
Attorney Kent Hanson (kent.hanson@usdoi. ov).
2. In Mason County Superior Court, Case No. 18-2-00085-23 (Lisa Lavington,
Plaintiff). Case settled outside of court.
Mr. Bayley and his wife declared bankruptcy in 2019, it appears in order to avoid
any fines, penalties or injury compensation that they may have owed from the
above two cases.
Thank you.
- From a concerned citizen and protector of Hood Canal and its residents.
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 1 of 11
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7 WESTERN DISTRICT OF WASHINGTON
8 AT TACOMA
9
10 UNITED STATES OF AMERICA,
11 Plaintiff, No. 3:20-cv-5867
12
V.
13 COMPLAINT
JOAN V. BAYLEY; PHILIP N. BAYLEY,
14 individually and in his capacity as Trustee of
15 FRIHET TRUST; and BIG D'S BEACH
CABIN, LLC,
16
Defendants.
17
18
19 The United States of America("United States"),through its undersigned attorneys, by the
20 authority of the Attorney General, and at the request of the Administrator of the United States
21 Environmental Protection Agency("EPA"), alleges as follows:
22 NATURE OF THE ACTION
23 1. This is a civil action commenced under Clean Water Act("CWA"or"the Act")
24 Section 309(b)and(d), 33 U.S.C. § 1319(b) and(d). The United States seeks injunctive relief
25 and civil penalties against Defendants Joan V. Bayley,Philip N. Bayley, individually and in his
26 capacity as Trustee of Frihet Trust, and Big D's Beach Cabin, LLC, for violating CWA Section
27 301(a), 33 U.S.C. § 1311(a),by discharging dredged or fill material into waters of the United
28 States including the Hood Canal on property then owned by Big D's Beach Cabin,LLC, on East
State Route 106,Union,Washington (Mason County parcel 32235-32-00020)(the"Site"),
UNITED STATES' U.S.Department of Justice
COMPLAINT No.3:20-cv-5867 Environmental Defense Section
P.O.Box 7611
Page 1 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 2 of 11
1 without a permit issued under CWA Section 404, 33 U.S.C. § 1344, and for engaging in
2 subsequent transactions to evade responsibility for such discharges.
3 2. In this action the United States seeks to require Defendants to: (1) restore and
4 provide mitigation for injuries to the affected waters of the United States at their own expense
5 and under the direction of EPA and/or the United States Army Corps of Engineers, and(2)pay
6 civil penalties as provided in 33 U.S.C. § 1319(d).
7 JURISDICTION AND VENUE
8 3. This Court has jurisdiction over the subject matter of this action under CWA
9 Section 309(b), 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1331, 1345, and 1355.
10 4. Venue is proper in the United States District Court for the Western District of
11 Washington under CWA Section 309(b), 33 U.S.C. § 1319(b), and 28 U.S.C. § 1391(b) and (c),
12 because the subject property is located in this District and the cause of action alleged herein
13 arose in this District.
14 5. Notice of the commencement of this action has been provided to the State of
15 Washington in accordance with CWA Section 309(b), 33 U.S.C. § 1319(b).
16 THE PARTIES
17 6. The Plaintiff is the United States of America. The United States Department of
18 Justice is vested with the authority to bring this action under 28 U.S.C. §§ 516 and 519, and 33
19 U.S.C. § 1366.
20 7. Defendant Big D's Beach Cabin,LLC,was at all times relevant to the Complaint
21 a limited liability company registered in the state of Washington. It was formed on May 19,
22 2017. Its annual report filed with the Washington Secretary of State lists its principal address as
23 8791 East State Route 106,Union, Washington. It was the owner of the Site at the time of the
24 unauthorized activities.
25 8. Joan V. Bayley,whose principal address is 10142 Sentinel Loop, Gig Harbor,
26 Washington,was at all times relevant to the Complaint a member or governor of Big D's Beach
27 Cabin,LLC. Joan V. Bayley is the mother of Philip N. Bayley.
28
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 2 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 3 of 11
1 9. Philip N. Bayley,whose principal address is 8791 East State Route 106,Union,
2 Washington, at all times relevant to the Complaint,was a member or governor of Big D's Beach
3 Cabin, LLC.
4 10. Frihet Trust is the current owner of the Site. Philip N. Bayley is the trustee.
5 11. Upon information and belief, at all times relevant to the Complaint, one or more
6 of the Defendants owned and/or controlled the Site and/or controlled the activities that occurred
7 on the Site.
8 STATUTORY BACKGROUND
9 12. The CWA's purpose is"to restore and maintain the chemical,physical, and
10 biological integrity of the Nation's waters." 33 U.S.C. § 1251(a).
11 13. CWA Section 301(a), 33 U.S.C. § 1311(a),prohibits the discharge of any
12 pollutant, including dredged or fill material, by any person from any point source to navigable
13 waters unless that discharge is authorized by a permit issued under CWA Section 402 or 404, 33
14 U.S.C. §§ 1342 or 1344.
15 14. CWA Section 404(a), 33 U.S.C. § 1344(a), authorizes the Secretary of the Army,
16 acting through the Chief of Engineers,to issue permits for the discharge of dredged or fill
17 material to navigable waters at specified disposal sites, after notice and opportunity for public
18 comment.
19 15. CWA Section 502(12), 33 U.S.C. § 1362(12), defines "discharge of a pollutant"
20 to include"any addition of any pollutant to navigable waters from any point source."
21 16. CWA Section 502(6), 33 U.S.C. § 1362(6), defines"pollutant"to include, inter
22 alia, dredged spoil,rock, sand, cellar dirt, and garbage.
23 17. CWA Section 502(7), 33 U.S.C. § 1362(7), defines"navigable waters"as "the
24 waters of the United States,including the territorial seas."
25 18. 33 C.F.R. § 328.3(a)(1) and 40 C.F.R. § 232.2 (2014), in effect at all relevant
26 times, define"waters of the United States"to include "[a]ll waters which are currently used, or
27 were used in the past, or may be susceptible to use in interstate or foreign commerce, including
28 all waters which are subject to the ebb and flow of the tide."
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 3 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 4 of 11
1 19. Federal regulatory jurisdiction over a non-wetland"water of the United States"
2 extends to the"high tide line,"defined as a"the line of intersection of the land with the water's
3 surface at the maximum height reached by a rising tide." 33 C.F.R. §§ 328.3(d), 328.4(b)(1).
4 20. CWA Section 502(14), 33 U.S.C. § 1362(14), defines "point source"to include
5 "any discernible, confined and discrete conveyance . . . from which pollutants are or may be
6 discharged."
7 21. CWA Section 502(5), 33 U.S.C. § 1362(5), defines "person"to include"an
8 individual [or] corporation."
9 22. CWA Section 309(b), 33 U.S.C. § 1319(b), authorizes the commencement of a
10 civil action for appropriate relief,including a permanent or temporary injunction, against any
1 1 person who violates CWA Section 301(a).
12 23. In an action brought under CWA Section 309(b), 33 U.S.C. § 1319(b), Section
13 CWA Section 309(d), 33 U.S.C. § 1319(d), authorizes the district court to impose civil penalties
14 against any person who violates CWA Section 301(a).
15 GENERAL ALLEGATIONS
16 24. The Site includes shoreline along Hood Canal,which is part of Puget Sound.
17 25. Puget Sound, including Hood Canal,is a traditional navigable water that is
18 navigable-in-fact, and has been and is used in interstate and foreign commerce.
19 26. Puget Sound,including Hood Canal, is subject to the ebb and flow of the tide.
20 FIRST CLAIM FOR RELIEF:
21 UNAUTHORIZED DISCHARGES OF DREDGED OR FILL MATERIAL IN 2017
22 (33 U.S.C. & 1311(a))
23 27. The United States repeats and realleges the allegations in Paragraphs 1 through
24 26.
25 28. Between July and August 2017, Defendants, or persons acting on their behalf,
26 used heavy earthmoving equipment, such as an excavator and trucks, to remove old bulkhead
27 material and to construct a vertical concrete bulkhead in Hood Canal below the high tide line
28 without a CWA Section 404 permit from the United States Army Corps of Engineers.
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 4 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 5 of 11
1 29. Through the activities described in paragraph 28, Defendants, and/or persons
2 acting on their behalf,at their direction, or with their consent and/or knowledge, discharged,
3 made the decision to discharge,and/or directed the discharge of dredged or fill material along the
4 shoreline and below the high tide line of Hood Canal.
5 30. The dredged or fill material included, among other things, dirt, spoil,rock, sand,
6 and concrete, all of which constitute"pollutants"as defined in CWA Section 502(6), 33 U.S.C.
7 § 1362(6).
8 31. The excavator and trucks that Defendants, and/or persons acting on their behalf, a
9 their direction, or with their consent and/or knowledge,used,made the decision to use,and/or
10 directed to be used to discharge the dredged or fill material at the Site constitute"point sources"
11 as defined in CWA Section 502(14), 33 U.S.C. § 1362(14).
12 32. No Defendant obtained a permit from the U.S. Army Corps of Engineers for the
13 discharges of dredged or fill material at the Site, in violation of CWA Section 301(a), 33 U.S.C.
14 § 1311(a).
15 33. The discharges of dredged or fill material at the Site violated and continue to
16 violate CWA Section 301(a), 33 U.S.C. § 1311(a).
17 34. Defendants used the corporate form of Big D's Beach Cabin,LLC,to evade their
18 duty to comply with the Clean Water Act and to remedy all violations of the Act.
19 35. Defendants engaged in intentional conduct that caused violations of the Clean
20 Water Act to improve property in which Defendants had or now have a direct or indirect interest.
21 36. On or before May 11, 2017,Defendant Philip Bayley contracted with an
22 engineering firm to design a bulkhead to be located on the Site.
23 37. Defendant Philip Bayley informed the engineering firm that they intended to bull
24 a house ten feet back from the bulkhead.
25 38. Defendants Joan Bayley and Philip Bayley formed Big D's Beach Cabin, LLC,
26 and registered it with the Washington Secretary of State on May 19,2017.
27 39. On or about June 5, 2017,the engineering firm provided plans for the bulkhead to
28 Defendant Philip Bayley.
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 5 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 6 of 11
1 40. On or about June 13, 2017, Defendant Big D's Beach Cabin, LLC,purchased the
2 Site for$90,000 and recorded the deed by which it obtained title to the Site with the Mason
3 County Auditor.
4 41. On July 29,2017,Defendant Philip Bayley signed a contract with South Sound
5 Concrete Construction for construction of a new bulkhead on the Site.
6 42. On information and belief, on July 29,2017, and subsequently,Big D's Beach
7 Cabin,LLC,had insufficient assets to pay for the construction of a new bulkhead.
8 43. Defendants Joan Bayley and Philip Bayley paid some expenses incurred in
9 constructing the bulkhead from their personal accounts.
10 44. On or about August 1, 2017, construction of the bulkhead began.
11 45. On August 11,2017 and subsequently,the U.S. Army Corps of Engineers notified
12 Defendants that construction of the bulkhead without first obtaining a CWA section 404 permit
13 is a violation of the CWA.
14 46. On August 17,2017,U.S. Army Corps of Engineers ordered that work on the
15 bulkhead stop.
16 47. On July 26,2018,EPA sent a Notice of Violation informing Defendants that
17 construction of the bulkhead violated the CWA.
18 48. On December 13,2019,Defendants Joan Bayley and Philip Bayley disbursed the
19 assets of Big D's Beach Cabin, LLC,without making provisions for the payment of creditors of
20 Big D's Beach Cabin,LLC, or for its liabilities for violating the Clean Water Act.
21 49. The violations of the Clean Water Act caused ongoing injury to the aquatic
22 environment of the Hood Canal.
23 50. Holding all Defendants individually liable for the violations of the Clean Water
24 Act is necessary to prevent further injuries to the Hood Canal.
25 51. Each day that the dredged or fill material remains in the waters at the Site
26 constitutes a separate violation of CWA Section 301(a), 33 U.S.C. § 131 l(a).
27 52. Under CWA Section 309(b) and(d), 33 U.S.C. §§ 1319(b)and(d),the Debt
28
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 6 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 7 of 11
1 Collection Improvement Act of 1996, 31 U.S.C. § 3701, and 40 C.F.R. § 19.4,Defendants are
2 liable for a civil penalty of up to $55,800 per day for each violation of CWA Section 301(a), 33
3 U.S.C. § 1311(a).
4 53. Unless this Court compels Defendants to restore the affected waters to their
5 pre-fill condition,Defendants are likely to allow dredged or fill material to remain in the Hood
6 Canal in violation of CWA Section 301, 33 U.S.C. § 1311.
7 SECOND CLAIM FOR RELIEF:
8 FRAUDULENTNOIDABLE TRANSFER OF TITLE TO THE SITE
9 (28 U.S.C. &3304 and RCW 19.40.081)
10 54. The United States repeats and realleges the allegations in Paragraphs 1 through
11 53.
12 55. On or about December 13,2019, Defendants Joan V. Bayley and Philip N. Bayley
13 signed a quitclaim deed conveying Defendant Big D's Beach Cabin,LLC's interest in the Site to
14 Defendant Joan V.Bayley. The deed was recorded in the Mason County Assessor's office on
15 January 22,2020.
16 56. In exchange for the transfer described in paragraph 55,Defendant Big D's Beach
17 Cabin,LLC,received no payment of cash or property from Defendant Joan V.Bayley. At the
18 time the transfer was made,the value of the real property transferred was not less than$105,205.
19 Thus, Defendant Big D's Beach Cabin,LLC, did not receive reasonably equivalent value in
20 exchange for the land.
21 57. On or about December 13, 2019,Defendant Joan V. Bayley signed a quitclaim
22 deed conveying her interest in the Site to Defendant Philip N. Bayley,Trustee of the Frihet
23 Trust. The deed was recorded in the Mason County Assessor's office on January 22,2020.
24 58. In exchange for the transfer described in paragraph 57,Defendant Joan V. Bayley,
25 received no payment of cash or property from Defendant Philip N. Bayley, Trustee of the Frihet
26 Trust. At the time the transfer was made, the value of the real property transferred was not less
27 than $105,205. Thus,Defendant Joan V. Bayley did not receive reasonably equivalent value in
28 exchange for the land.
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 7 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 8 of 11
1 59. Prior to December 13, 2019, EPA and the U.S. Army Corps of Engineers gave
2 Defendants notice of the violations of the Clean Water Act on the Site, and EPA requested that
3 the violations be remedied or the United States would initiate an enforcement action.
4 60. Defendants Joan V.Bayley,Philip N. Bayley, and Big D's Beach Cabin,LLC,
5 engaged in the transfers on December 13, 2019,with intent to hinder, delay, or defraud creditors,
6 including the United States,to protect and preserve the real property for Defendants' own use
7 and benefit,and to prevent and hinder the United States from seeking restoration of the Site and
8 recovering other relief prescribed by the Clean Water Act for unpermitted discharges of dredged
9 and fill material.
10 61. Defendant Big D's Beach Cabin, LLC,was insolvent or became insolvent as a
11 result of the transfer and does not have any property, other than the real property conveyed, out
12 of which it can satisfy its obligations under the Clean Water Act.
13 THIRD CLAIM FOR RELIEF:
14 WRONGFUL DISTRIBUTION OF ASSETS
15 (31 U.S.C. 4 3713 and RCW 25.15.3251
16 62. The United States repeats and realleges the allegations in Paragraphs 1 through
17 61.
18 63. On information and belief,Defendant Big D's Beach Cabin,LLC,was dissolved
19 on December 13, 2019.
20 64. Defendants Joan V. Bayley and Philip N. Bayley distributed the assets of
21 Defendant Big D's Beach Cabin,LLC,without paying or providing for payment of claims and
22 obligations resulting from violations of the Clean Water Act at the Site.
23 65. Defendants Joan V. Bayley and Philip N. Bayley paid obligations of Defendant
24 Big D's Beach Cabin,LLC,before paying or providing for payment of claims of the United
25 States resulting from violations of the Clean Water Act at the Site.
26 66. Upon distribution of the assets of Defendant Big D's Beach Cabin,LLC, it was
27 insolvent.
28
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 8 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 9 of 11
1 67. At the time of distribution of the assets of Defendant Big D's Beach Cabin, LLC
2 Defendants had knowledge or notice of the United States' claims for violations of the Clean
3 Water Act.
4 FOURTH CLAIM FOR RELIEF:
5 UNAUTHORIZED DISCHARGES OF DREDGED OR FILL MATERIAL IN 2020
6 (33 U.S.C. & 1311(a))
7 68. The United States repeats and realleges the allegations in Paragraphs 1 through
8 26.
9 69. On information and belief, on or about August 112020,Defendant Philip Bayley,
10 individually and as trustee of Frihet Trust, or persons acting on behalf Philip Bayley and Frihet
11 Trust,used equipment to discharge concrete and other fill material in Hood Canal below the high
12 tide line,without a CWA Section 404 permit from the United States Army Corps of Engineers,
13 to construct a stairway adjacent to vertical concrete bulkhead constructed in 2017.
14 70. On information and belief, on or about August 19, 2020, Defendant Philip Bayley.
15 individually and as trustee of Frihet Trust, or persons acting on behalf Philip Bayley and Frihet
16 Trust,used equipment to discharge fill material below the high tide line of Hood Canal,without
17 a CWA Section 404 permit from the United States Army Corps of Engineers,to fill the shoreline
18 behind the concrete bulkhead constructed in 2017.
19 71. Through the activities described in paragraphs 69 and 70,Defendant Philip
20 Bayley and Frihet Trust and/or persons acting on their behalf, at their direction,or with their
21 consent and/or knowledge, discharged,made the decision to discharge, and/or directed the
22 discharge of dredged or fill material along the shoreline and below the high tide line of Hood
23 Canal.
24 72. The dredged or fill material included, among other things, dirt, spoil,rock, sand,
25 and concrete, all of which constitute"pollutants" as defined in CWA Section 502(6), 33 U.S.C.
26 § 1362(6).
27 73. The equipment that Defendant Philip Bayley and Frihet Trust and/or persons
28 acting on their behalf,at their direction, or with their consent and/or knowledge,used, made the
UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 9 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 10 of 11
1 decision to use,and/or directed to be used to discharge the dredged or fill material at the Site
2 constitute"point sources"as defined in CWA Section 502(14), 33 U.S.C. § 1362(14).
3 74. No Defendant obtained a permit from the U.S. Army Corps of Engineers for the
4 discharges of dredged or fill material at the Site, in violation of CWA Section 301(a), 33 U.S.C.
5 § 1311(a).
6 75. The discharges of dredged or fill material at the Site violated and continue to
7 violate CWA Section 301(a), 33 U.S.C. § 1311(a).
8 76. The discharges of fill material violated a stop-work order issued the U.S. Army
9 Corps of Engineers on August 17,2017.
10 77. The violations of the Clean Water Act caused ongoing injury to the aquatic
11 environment of the Hood Canal.
12 78. Holding Defendant Philip Bayley liable for the violations of the Clean Water Act,
13 both individually and as trustee of Frihet Trust, is necessary to prevent further injuries to the
14 Hood Canal.
15 79. Each day that thd+dredged or fill material remains in the waters at the Site
16 constitutes a separate violation of CWA Section 301(a), 33 U.S.C. § 1311(a).
17 80. Under CWA Section 309(b)and(d), 33 U.S.C. §§ 1319(b)and(d),the Debt
18 Collection Improvement Act of 1996, 31 U.S.C. § 3701, and 40 C.F.R. § 19.4,Defendant Philip
19 Bayley is liable, individually and as trustee of the Frihet Trust, for a civil penalty of up to
20 $55,800 per day for each violation of CWA Section 301(a), 33 U.S.C. § 1311(a).
21 Unless this Court compels Defendant Philip Bayley individually and as trustee of the Frihet Trust
22 to restore the affected waters to their pre-fill condition,Defendants are likely to allow dredged or
23 fill material to remain in the Hood Canal in violation of CWA Section 301, 33 U.S.C. § 1311.
24 PRAYER FOR RELIEF
25 WHEREFORE, Plaintiff,the United States of America, respectfully requests that this
26 Court order the following relief:
27 I. Permanently enjoin Defendants from discharging dredged or fill material or other
28 pollutants to any water of the United States except in compliance with a CWA permit;
UNITED STATES' COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 10 Washington,D.C.20044
(206)639-5544
Case 3:20-cv-05867-BHS Document 1 Filed 08/27/20 Page 11 of 11
1 II. Order Defendants to undertake measures to completely restore the waters of the
2 United States at the Site to their pre-fill condition at Defendants' own expense and under the
3 direction of EPA and/or the United States Army Corps of Engineers,and to provide mitigation
4 for injuries to such waters;
5 III. Order Defendants to pay civil penalties,pursuant to CWA Section 309(d), 33
6 U.S.C. § 1319(d),per day for each violation of CWA Section 301(a);
7 IV. Award the United States costs and disbursements, including expert witness fees,
8 incurred in this action; and
9 V. Grant such other relief as the Court may deem just and proper.
10 Respectfully submitted,
11 JEFFREY BOSSERT CLARK
Assistant Attorney General
12 Environment and Natural Resources Division
13
Is/Kent E. Hanson
14 KENT E. HANSON
Environmental Defense Section
15 United States Department of Justice
16 P.O. Box 7611
Washington,DC 20044
17 206-638-5544
18 Kent.Hansonna usdoj.gov
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UNITED STATES'COMPLAINT U.S.Department of Justice
No.20-5867 Environmental Defense Section
P.O.Box 7611
Page 11 Washington,D.C.20044
(206)639-5544