20070248 Ver 1_Application_20070212

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
February 8, 2007
Mr. David Baker, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
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LYNDO TIPPE~'c~,
SECRETARY
151 Patton Avenue, Room 208 f~
Asheville, NC 28801-2714 VV
Subject: Nationwide 14 Permit Application
SR 1535 -Upper Peachtree Rd Road, Cherokee County
State Project No. 140.020032 (DWQ Minor Permit Fee $200)
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is proposing to widen and pave SR
1535, Upper Peachtree Road, in Cherokee County. This proposal entails widening and paving
the existing paved road to a standard 18-foot roadway. The proposed improvements of Upper
Peachtree Road have been identified as necessary for maintenance and safety. Funds have been
allocated for this project, and NCDOT would like to perform these activities during the 2007-
paving season.
I am sending cross section drawings for pipe culvert replacement as well as a marked county
map and USGS quad map. We propose to install the new culverts slightly below the existing
streambed elevations where bedrock is not encountered to minimize impacts to wildlife habitats
and allow the existing stream gradients to remain as unchanged as is physically possible.
The North Cazolina Natural Heritage Database was checked for records of federally threatened
and endangered species. There are no records of threatened or endangered species for the
Moody Branch watershed. Additionally, there are no records for the entire Peachtree Creek
watershed. The streams to be impacted are small and do not provide sufficient flow to support
mussels. The project is a resurfacing project: therefore, impacts should be very minimal. For
these reasons, we believe this project will have ,"no effect" on threatened and endangered
species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
FOURTEENTH DMSION OFFICE 191 ROBBINSVILLE ROAD, ANDREWS, N.C. 28901
PHONE [phone] DISTRICT THREE FAx [phone]

required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices. The erosion
control devices will be in place prior to pipe culvert construction and will remain in place until
the project is stabilized.
Impacts to Waters of the United States
The unnamed tributaries of Moody Branch are small and are not shown on the USGS
topographic map; however, Moody Branch is shown as a perennial stream. All the streams
appear to have perennial flow with channels composed primarily of sand and silt. The channels
lack vegetation. For these reasons, we believe the streams are under the jurisdiction of the U.S.
Army Corps of Engineers. In order to complete the above-mentioned improvements along
Upper Peachtree Road, it will be necessary to impact waters of the United States in the Hiwassee
River Basin. Specifically, NCDOT is requesting to replace three metal culverts: two in unnamed
tributaries to Moody Branch (DWQ Class: C) and one in Moody Branch. Listed below is a
summary of the proposed impacts.
Site and Existing Proposed Condition Net Impacts
Station Condition
Site 1 33+70 30' x 24" CMP 40' x 24' CMP 10
Site lA 33+70 Open Channel Impervious Dike 20 ft2
Site 1 A 33+70 Free Flowing .Flow Diversion 65
Channel
Site 2 42+38 n 40' x 36" CMPA 10
30' x 24
CMP
Site 2A 42+38 Open Channel Impervious Dike 30 ftz
Site 2A 42+38 Free Flowing Flow Diversion 65
Channel
Site 3 47+28 25' x 30" CMP 40' x 36" CMPA 15
Site 3A 47+28 Open Channel Impervious Dike 30 ft2
Site 3A 47+28 Free Flowing Flow Diversion 65
Channel
Total Permanent Impacts: 351inear feet
Temporary Impacts Impervious Dikes and Flow Diversion 195 linear feet
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, North Carolina Wildlife Resources Commission (NCWRC) Western Mountain
Region Coordinator, to comment directly to you concerning the 404 Nationwide Permit Request.
FOURTEENTH DIVISION OFFICE 191 ROBBINSVILLE ROAD, ANDREWS, N.C. 28901
PHONE [phone] DISTRICT THREE FAx [phone]

Also, by copy of this letter, I am requesting authorization to proceed under Section 401 of the
Clean Water Act from the North Carolina Department of Environment and Natural Resources
(DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed
Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me
concerning this permit request.
If you have any questions or need additional information, please contact me at [phone].
Your early review and consideration will be greatly appreciated.
Sincerely, yy~ /
Steven M. Buchanan
County Maintenance Engineer
Copy: Mr. John Hennessy, DWQ, DENR (7 copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Western Mountain Coordinator, NCWRC
Mr. J.B. Setzer, PE, Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
FOURTEENTH DIVISION OFFICE 191 ROBBINSVILLE ROAD, ANDREWS, N.C. 28901
PHONE [phone] DISTRICT THREE FAx [phone]

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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality
Certifications, and Riparian Buffer and Watershed Buffer Rules
SR 1535 Upper Peachtree Road
Cherokee County
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NCDOT Division 14, District III
Prepared by: Steven M. Buchanan
County Maintenance Engineer
Cherokee & Graham County

Office Use Only: Form Version March OS
20070248
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NW 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation (NCDOT)
Mailing Address: 191 Robbinsville Road
Andrews NC 28901
Attn: Steven Buchanan
Telephone Number: 828.321.4105 Fax Number: 828.321.3228
E-mail Address: sbuchananna,dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
N/A
N/A
N/A
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1575 -Upper Peachtree -Resurfacing and Wet Pipe Replacement
2. T.I.P. Project Number or State Project Number (NCDOT Only):14C.020001 & 140.020032
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cherokee Nearest Town: Andrews
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): On US 19-74-129 near
Andrews head west to NC 141 for 5.3 miles. Turn left from US 19-74-129 onto NC 141
south. Travel south on NC 141 for 6.32 miles and turn left onto SR 1535.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): Attached
6. Property size (acres): N!A
7. Name of nearest receiving body of water: Moody Branch (Class Cl
8. River Basin: Hiwassee River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: forest, pasture, residential
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used: NCDOT
will replace wet pines due to widening and pavement resurfacing of SR 1535 (Upper
PeachTree Road~~ive work will be accomplished using backhoes, dump trucks, pumps
and various hand tools.
11. Explain the purpose of the proposed work: To upgrade the condition of the existing culverts
before resurfacing of roadway.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None anticipated
VI. Proposed Impacts to Waters of the' United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The existing corrugated metal pipes
will be replaced with new corrugated metal pipes
Page 3 of 9

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
Site 1 33+70 UT to Moody Branch Culvert P 2 10 0.00046
Site lA 33+70 UT to Moody Branch Impervious Dike P 4 (Dike) 5 0.00046
Site lA 33+70 UT to Moody Branch Flow Diversion P 2 60 N/A
Site 2 42+38 UT to Moody Branch Culvert P 3 10 0.00069
Site 2A 42+38 UT to Moody Branch Impervious Dike P 6 (Dike) 5 0.00069
Site 2A 42+38 UT to Moody Branch Flow Diversion P 3 60 N/A
Site 3 47+28 Moody Branch Culvert P 3 15 0.00103
Site 3A 47+28 Moody Branch Impervious Dike P 6 (Dike) 5 0.00069
Site 3A 47+28 Moody Branch Flow Diversion P 3 60 N/A

Total Stream Impact (by length and acreage) Permanent 35 0.00218
Total Temporary Impacts for Impervious Dikes and Flow Diversion 195 0.00184
Page 4 of 9

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres
N/A NIA N/A N/A N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act acres : .00218
Wetland Im act (acres : N/A
en Water Im act (acres): N/A
Total Im act to Waters of the U.S. acres .00218
Total Stream Im act linear feet :Permanent 35
Total Stream Im acts (linear feet) Tem orary 195
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 5 of 9

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Roadway features were
designed not to exceed North Carolina's minimum secondary roadway standards. Therefore,
impacts were minimized to the extent possible, includingpipe lengths.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
Page 6 of 9

additional information regarding the application process for the NCEEP, check the NCEEP
website at httt~://h2o.enr.state.nc.us/wrp/index_.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify? N/A Yes ^ No
Page 7 of 9

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The roadway surface is approximately 75% of
the rieht of way area. Stormwater will be diverted through settlins basins lined with filtering
stone or grass lined buffers prior to entering streams. (See erosion control plan).
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
Page 8 of 9

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Thisproject is limited to replacement and up~radingydraina eg conveyances and resurfacing. The
improvements of this scope are not expected to fuel secondary development
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
~ZGe 7
cant/Agent's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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RIP RAP ENDWALL
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COUNTY : _ _ CHEROKEE 3 5
GPS:
SR. N0. SR-1535 ~
RD. NAME:UPPER PEACHTREE RD. 83
PIPE STA. 42+38
SITE No. 2
' CL
OLD & NEW
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RIP RAP ENDWALL

S.F. & R.B.

VT. DR.

S.F.& R.B.
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COUNTY:
--.CI3ERCLKEF GPS: 35 ° 05
SR. NO- SR-1535 ~
~• NA.HE=UPPER PEACHTREE RD. 83 ° 55
PIPE STA. 47+28 ~ ~~
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SR 1535 Upper Peachtree Rd
Site #1 33+70
35.09916° N
83.93999°W
Inlet
Outlet

SR 1535 Upper Peachtree Rd
Site #2 42+3 8
35.0991.6°N
83.93527°W
Inlet
Outlet

SR 1535 Upper Peachtree Rd
Site #3 47+28
35.09944°N
83.93250°W
Inlet
Outlet