20170905 Ver 2_More Info Requested_20181205

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December 5, 2018
DWR #2017-0905 v2
Alamance County
1-40 Drive In, LLC
Attn: Chuck Talley
PO Box 872
Graham NC 27253-0872
Subject: REQUEST FOR ADDITIONAL INFORMATION
Graham Drive In
Dear Mr. Talley:
On May 4, 2018, the Division of Water Resources — Water Quality Programs (Division) received your
application requesting a 401 Water Quality Certification from the Division for your project. On May 30,
2018 the Division requested additional information about your project. The Division received a
response to our request on July 13, 2018, with additional information provided through email
communication dated October 4, 2018. The Division has determined that your application is still
incomplete and cannot be processed. The application is on -hold until all of the following information is
received:
The Jordan Lake Buffer Rules are implemented by the City of Graham, therefore please provide
a Jordan Lake Buffer Authorization from the local delegated municipality to document that
impacts to the protected riparian buffer are in accordance with the approved local ordinances.
[15A NCAC 02B .0267(7)(b) or (c)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information is not
received in writing within 30 calendar days of receipt of this letter, the Division will be unable to
approve the application and it will be returned. The return of this project will necessitate reapplication
to the Division for approval, including a complete application package and the appropriate fee.
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North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800

1-40 Drive In LLC
DWR# 20170905v2
Request for Additional Information
Page 2 of 2
Please respond within 30 calendar days of receipt of this letter by submitting all of the above requested
information through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form. Please
note that the DWR# that is requested on the link is referenced above.
Please be aware that you have no authorization under the Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact me at 336-776-9693 or Sue.Homewoodgncdenr. og_v if you have any questions or
concerns.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
cc: Wyatt Brown, Browns Environmental Group Inc (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
City of Graham, c/o John Johnson, AWCK (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit