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This serves as notification from the Shore Protection Committee (SPC) and the Georgia Department of Natural Resources of a request from Michael Kirven for a Shore Protection Act (SPA) Permit under O.C.G.A. 12-5-230 et seq. to construct and maintain a residential pool, fence, drainage improvements and landscaping at an existing single-family residence located at 1923 Chatham Avenue, Tybee Island, Chatham County, Georgia.
On September 4, 2004, the SPC authorized the recombination and subdivision of 4 existing parcels into three newly platted parcels: Lot 1, Lot 2, and Lot 3, along with building footprints for a residential structure, a shared driveway, and associated landscaping for each parcel. In 2006, acting under SPA Permit #342, the existing 1930’s raised cottage was relocated to the permitted building footprint associated with Lot 1, landward of an existing garage located seaward of the landward toe of the dune. No improvements were authorized for the existing garage.
The applicant’s property is approximately 12,167sq.ft. (0.28 acre), of which 6,393.7sq.ft. (0.15 acre) is located within the state’s SPA jurisdiction. The area within SPA jurisdiction consists of outdoor living space (1,810.7sq.ft.; 0.04 acre), a 23.7ft. x 21.7ft. garage (502.4sq.ft.; 0.01 acre), and vegetated sand dunes (4,080.6sq.ft.; 0.09 acre).
The applicant proposes to improve the existing outdoor living space immediately seaward of the residence by constructing and maintaining a 17.5ft. x 26ft. swimming pool, of which approximately 353.4sq.ft. (0.008acre) will be in SPA jurisdiction, an associated fence (207sq.ft.; 0.005acre) and installing drainage infrastructure (661.3sq.ft.; 0.015acre). Impacts to SPA jurisdiction for the proposed hardscape components of the project total approximately 1221.7sq.ft. (0.028acre).
The remainder of the outdoor living area (589sq.ft.) and new drainage improvements (661.3sq.ft.) in SPA jurisdiction will be landscaped using native vegetation (1,250.3sq.ft.; 0.029acre).
Temporary impacts associated with site preparation and construction include the use of heavy equipment to clear, grade, and install drainage infrastructure, as well as to construct the swimming pool. Where appropriate, existing vegetation will be removed from the area, soil will be amended, and native vegetation will be installed landward of the toe of the dune. An existing, at-grade, shared beach access foot path associated with the property will remain. A private dune crosswalk is not proposed. The Chatham Avenue public access dune crosswalk is located adjacent to the property driveway.
As proposed, total impacts to the SPA jurisdiction area (including existing impacts from the garage) will total approximately 2313.1sq.ft. (36%). Approximately 4080.6sq.ft. (64%) of the State’s jurisdictional area will be retained or improved to a more natural vegetated and topographic state.
It is the responsibility of the applicant to demonstrate that the project is not contrary to the public interest and that no feasible alternative sites exist. In passing upon the application for permit, the permit issuing authority shall consider the public interest which for purposes of this part shall be deemed to be the following considerations: (1) Whether or not unreasonably harmful, increased alteration of the dynamic dune field or submerged lands, or function of the sand-sharing system will be created; (2) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conservation of marine life, wildlife, or other resources; and (3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with reasonable access by and recreational use and enjoyment of public properties impacted by the project.
A detailed public notice with drawings has been distributed and is available by visiting the Division's website: CoastalGaDNR.org under “Public Notices”.
Please provide this office with substantive, site-specific comments as to why the proposed project should or should not proceed. Comments and questions concerning the proposed project should be submitted in writing by the close of business on March 30, 2024 to Deb Barreiro, Georgia Department of Natural Resources, 185 Richard Davis Drive, Suite 104, Richmond Hill, Georgia, 31324 or deb.barreiro@dnr.ga.gov.
Click here to view application
