20170905 Ver 2_Return letter_20190114

NORTH CAROLINA
ROY COOPER avironmental Quality
'ter°
MICHAEL S. REGAN
ee le"
LINDA CULPEPPER.
Irrrerim Dir
January 14, 2019
DW R #2017-0905 v2
Alamance County
CERTIFIED MAIL #7015 0640 0005 8164 0209
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:
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. On December 5, 2018 the Division requested additional
information regarding your project. 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.
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
Return of Application
Page 2 of 2
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.
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)
City of Graham, c/o John Johnson, AWCK (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit