Chatham 701 13th LLC, Modification to Existing Private Dock, Lot 358A and Lot 359A, Horse Pen Creek, Tybee Island, Chatham County, Georgia


Chatham 701 13th LLC, Modification to Existing Private Dock, Lot 358A and Lot 359A, Horse Pen Creek, 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 Chatham 701 13th LLC for a Coastal Marshlands Protection Act (CMPA) permit under Official Code of Georgia (O.C.G.A.) 12-5-280 et seq., to modify the existing private recreational dock located on Horse Pen Creek Tributary, Tybee Island, Chatham County, Georgia. The proposed project is under 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 original 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 did not meet the exemption under the CMPA, O.C.G.A. 12-5-295, 7(A) and 7(B).

CMPA Permit #791 was issued August 16, 2021 to Bradley and Kim Elsby. The permit authorized maintenance of the private dock to add a ramp and floating dock. The property has an existing 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, approximately 207.7sq.ft. fixed deck with a 12ft. x 12ft. covered area. The existing cover does not exceed 12 ft. in height from the decking to the roof peak. Extending seaward from the fixed deck is a 3ft. x 26ft. ramp used to access an 8ft. x 26ft. floating dock. The floating dock is cradled 2ft. above the marsh mud. The dock facility extends 115ft. seaward of the existing bulkhead where it terminates at a tributary that goes dry at mean low water. Current impacts to the jurisdictional area are approximately 977.35sq.ft. (0.022 acres).

The applicant proposes to remove the existing dock and modify the configuration to extend to Horsepen Creek. The proposed dock will consist of a 6ft. x 493ft. (2,958sq.ft.) walkway leading from the upland to a covered 12ft. x 20ft. fixed deck (240sq.ft.). The walkway will be constructed a minimum of 6ft. above Mean High Water (MHW) over a small waterway located approximately 140ft. seaward of the bulkhead. Leading seaward from the fixed deck will be a 3ft. x 10ft. (30sq.ft.) ramp landing. Extending to the right from the ramp landing will be a 3ft. x 12ft. (36sq.ft.) ramp used to access a 12ft. x 35ft. (420sq.ft.) floating dock. The fixed terminal end of the dock facility will be constructed 10ft. from the dock corridor to the east and 10.46ft. from the dock corridor to the west of the structure. The dock facility will extend approximately 17.59ft. into the waterway at a point where the waterway is approximately 71.71ft. at mean low water. After completion, total impacts to the jurisdictional area will be 3,684sq.ft. (0.084 acres).

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 Department of Natural Resources website: under “Public Notices.”

Please provide this office with substantive, site-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 and be submitted by the close of business on September 23, 2023 to Cheyenne Osborne, Department of Natural Resources, One Conservation Way, Suite 300, Brunswick, GA 31520 or via email at 

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