Request for Permit to Change Land Use, OCGA 36-72, "Abandoned Cemeteries and Burial Grounds", 1991, as Amended, for GDOT projects NH-018-1(56) and BRF-018-1(44), Bartow County, GA

Enclosed please find information provided for your use in applying for and obtaining a permit for land use change involving a cemetery/Indian mound. The information provided should be sufficient to prepare an application and obtain a permit for this project. A summary of the information enclosed is outlined below and follows the MOG "Procedures for Acquisition of Right Of Way from Cemeteries or Burial Grounds and Relocation of Burial. Evidence of ownership-. District Six Right-Of-Way should conduct a title search of the properties involved (see Appendix C) in order to provide evidence of ownership. This evidence should be included as Appendix A. Archaeological report/letter of Indians. This is included as Appendix B of Attachment 1. Survey showing legal boundaries. District Six Pre-Construction has provided this data as Appendix C of Attachment 1. Results of genealogical research related to the cemetery. Because the cemetery/mound is of prehistoric origin, no direct descendants can be identified. A statement to this effect is included as Appendix D of Attachment 1 (see 5 below). Descendant identification and notification plan. Direct descendant information is not available due to the age of the cemetery/mound. However, the Cherokee and Creek Nations of North Carolina and Oklahoma have been notified of the proposed project and archaeological investigations. Additionally, letters of notification concerning land use change for the cemetery/mound have been included for forwarding to Native American parties. Copies of the early coordination letters are included as Appendix E of Attachment 1. The letters of notification shall be forwarded by the District at the time of application completion. District Six shall advertise by newspaper locally notice of place and date for public hearing concerning the disinterment and reinterment of burials. Reinterment plan. The reinterment plan is included as Appendix F This is to notify you that the above projects may have an adverse effect to nine eligible or potentially eligible National Register (NR) archaeological resources within the Etowah Valley National Register District and the proposed projects' area of potential environmental effect. The Georgia Department of Transportation contracted with Southeastern Archeological Services, a consultant for the Department, to conduct a Phase I archaeological survey of the proposed project corridor in compliance with Section 106 of the National Historic Preservation Act of 1966 as amended thereto. This project consists of the proposed widening of SR 61 from near CR 533 south of Cartersville to the intersection of SR 61 and Henderson Drive for a total distance of 4.20 km (2.61 mi), and the replacement of the existing bridge structure over the Etowah River. Existing right-of-way varies from approximately 18.28 to 24.38 m (60 - 80 ft), while the required right-of-way would vary from 27.43 to 42.67 m (90 - 140 ft).