20170905 Ver 1_Application Returned_20171205

December 5, 2017
CERTIFIED MAIL: 7012 2920 0000 3656 0717
RETURN RECEIPT REQUESTED
1-40 Drive In, LLC
Attn: Chuck Talley
PO Box 872
Graham NC 27253-0872
Subject: RETURN OF APPLICATION
Graham Drive In
Dear Mr. Talley:
ROY COOPER
Governor
MICHAEL S. REGAN
S'ecrelaq
LINDA CULPEPPER
haerim Director
DWR #2017-0905
Alamance County
On July 24, 2017 the Division of Water Resources (Division) received your application dated July
19, 2017, requesting a 401 Certification from the Division for the subject project. We wrote to you
on August 3, 2017 requesting additional information on the project. Your consultant requested an
extension to the due date via electronic communication and we granted an extension until
November 15, 2017. As of today, the Division has not received a response to these requests.
Pursuant to Title 15A NCAC 02H .0507(e) the Division is unable to approve your application. For the
reasons listed above, your application is hereby returned. Once you have addressed the problems
and/or inadequacies with your application as it was submitted, you will need to reapply to the
Division for approval including a complete application package and the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
State of North Carolina I Environmental Quality
450 W, Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

1-40 Drive In, LLC
DWR# 2017-0905.
Return of Application
Page 2 of 2
Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Cc: Wyatt Brown, Browns Environmental Group Inc (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Town of Graham, c/o Josh Johnson, AWCK (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit