Bradley W. & Kim A. Elsby, Modification to an Existing Private Recreational Dock, Lot 358A and Lot 359A, Tybee Creek Tributary, Tybee Island, Chatham County, Georgia


This serves as notification from the Coastal Marshlands Protection Committee and the Georgia Department of Natural Resources of a request from Bradley W. & Kim A. Elsby for a Coastal Marshlands Protection Act (CMPA) Permit under O.C.G.A. 12-5-280 et. seq. for a modification to an existing private recreational dock.  The proposed project is less than a 1/10 of an acre, and therefore may be considered a minor alteration of coastal marshlands under O.C.G.A. 12-5-280 et. seq.

The existing private recreational dock was constructed prior to 1988. The United States Army Corps of Engineers (USACE) authorized the structure October 17, 1989 (074 OYN 006655). On November 21, 1989, the State issued a Revocable License associated with an after the fact permit to a previous owner. CRD issued a Letter of Permission March 23, 2020 for maintenance of existing decking associated with walkway and fixed deck. This private dock structure does not meet the exemption under the CMPA, O.C.G.A. 12-5-295, 7(A) and 7(B).

Currently the property has a 100ft long bulkhead with an approximately 2ft. wide riprap toe.  Extending from the bulkhead is a 4.75ft. X 37.4ft. pile supported wooden walkway that terminates at an irregularly shaped fixed deck that impacts approximately 207.7 sq.ft. with a 12ft. X 12ft. covered area. The existing cover does not exceed 12 ft. in height from the decking to the roof peak. There are six (6) serviceable 12-inch pilings seaward of the fixed deck. The existing structure extends approximately 65 ft. seaward of the bulkhead at MLW at a location where the Tybee Creek Tributary goes dry at Mean Low Water (MLW). Current impacts to the jurisdictional area are approximately 691.35 sq.ft. (0.02 acre).

The proposed modification includes installation of a 3ft. X 26ft. ramp from the fixed deck that will provide access to an 8ft. X 26 ft. floating dock. A cradle will be installed on the existing pilings that will keep the floating dock elevated a minimum of 2 ft. above the marsh surface. The proposed facility will extend approximately 115 ft. seaward of the existing bulkhead and terminate at a  tributary that goes dry at MLW. The proposed structure will be approximately 37.59 feet from the extended property line to the east and 35.32 feet from the extended property line to the west. As proposed, new impacts to the private dock total approximately 286 sq.ft. (0.006 acre). Total impacts to coastal marshlands for existing and proposed structures total approximately 977.35 sq.ft. (0.022 acre).

The applicant has stated that the modification to the existing facility does not contain an upland component.

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.  Impacts to coastal marshlands must be minimal in size.  In passing upon the application for permit, the Coastal Marshlands Protection Committee shall consider the public interest: (1) Whether or not unreasonably harmful obstruction to or alteration of the natural flow of navigational water within the affected area will arise as a result of the proposal; (2) Whether or not unreasonably harmful or increased erosion, shoaling of channels, or stagnant areas of water will be created; and (3) Whether or not the granting of a permit and the completion of the applicants proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or other marine life, wildlife, or other resources, including but not limited to water and oxygen supply.

A detailed public notice with drawings has been distributed and is available by visiting the Division’s website: under “Public Notices”.

Please provide this office with substantive, project-specific comments as to why the proposed work should or should not proceed.  Comments and questions concerning this proposed project should be submitted in writing by the close of business July 29, 2021 to Deb Barreiro, Department of Natural Resources, 185 Richard Davis Drive, Suite 104, Richmond Hill, Georgia 31324.

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