WQCSD0682_DV-2022-0036 enforcement file_20220505

2) The duration and gravity of the violation;
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Kv Hawthorne at Trace LLC
Facility Name: The Ashton Apartments
Permit Number: WOCSD0682
County: Wake
Case Number: DV-2022-0036
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
An unknown amount of sewage flowed into an UT to Turkey Creek due to a malfunctioning pump station. The amount to
surface waters is unknown however; the spill reached Lake Ann. Nutrients and pathogens to surface waters.c_m h c.. ,s
-Sotra S U 4 t4.1"1 S.
Start time of the SSO is estimated to be 12.02.2021 at 12:00 AM. The stop time of the SSO is unknown. The amount of
sewage to surface waters is unknown. Nutrients and pathogens to surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality include increased nutrients and pathogens. w vicE row►,..
4) The cost of rectifying the damage;
94 Lc Rt.
The cost of rectifying the damage is unknown.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There has been one enforcement case since 02.27.2019.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Ic,+iems,

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 5794
Return Receipt Requested
Iris Ramos, Community Manager
Ashton Apartment Homes
8224 Green Lantern Street
Raleigh, NC 27613
NORTH CAROLINA
Environmental Quality
May 05, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCSD0682
Kv Hawthorne at Trace LLC
The Ashton Apartments
Case No. DV-2022-0036
Wake County
Dear Ms. Ramos:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,036.57 ($1,000.00 civil penalty
+ $36.57 enforcement costs) against Kv Hawthorne at Trace LLC.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Kv Hawthorne at Trace LLC. This review has shown the subject facility to be in violation of
the requirements found in Collection System Permit No. WQCSD0682 and G.S. 143-215.1(a)(1). The violation(s) that
occurred are summarized in Attachment A to this letter. In addition, a review also determined that this at least third SSO that
has occurred at this system since 2018.
Based upon the above facts, I conclude as a matter of law that Kv Hawthorne at Trace LLC violated the terms, conditions
or requirements of Collection System Permit No. WQCSD0682 and G.S. 143-215.1(a)(1) in the manner and extent shown
in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
at...E.9
North Carolyn Department of Environmental Quality ONIJon of Water Resamces
Raleigh Regional Office 13E00 Barrett Drive I Raleigh.North Carolina 27609
919.791.4200

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Kv
Hawthorne at Trace LLC:
$1,000.00 For I of the 1 violations of Collection System Permit No. WQCSD0682 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$1,000.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$1,036.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0036
Assessed Party: Kv Hawthorne at Trace LLC
Permit No.: WQCSD0682
County: Wake
Amount Assessed: $1,036.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences;
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Kv Hawthorne at Trace LLC
The Ashton Apartments
PERMIT NO. WQCSD0682
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0036
Having been assessed civil penalties totaling $1,036.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated May 05, 2022, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of , 20
ADDRESS
SIGNATURE
TELEPHONE

PERMIT NO: WQCSD0682
FACILITY: The Ashton Apartments
Other Violations
ATTACHMENT A
Kv Hawthorne at Trace LLC
CASE NUMBER: DV-2022-0036
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
REGION: Raleigh
COUNTY: Wake
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202102216 12/2/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit Unknown $1,000.00

$
§
/
Permit Enforcement History Details by Owner
Kv Hawthome at Trace LLC
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2/27/19 $500.00
DV-2019-004
Total Balance Due : $0.00
Sum Of Total Paid:$532.36
Total Enforcement Cost: $32.36
Total Penalty Amount: $500
Total Cases:
Total Penalties After Remissions : $532.36
Sum of Total Case Penalties: $532.36

RIMS
https:l/bimsportal.ncdenr.org/login.c
Bims Basinwide Information
Management System
Tasks
Queries Administration Hei i
o 5 -4 e A ok4
Delete
SSO Details 24 Hour Details 5 Day Details Questions Agencies Events
24 Hours
Permit : WQCSD0682
Facility Name : The Ashton Apartments
Owner : Kv Hawthorne at Trace LLC
City : Raleigh
SSO Start Date/Time [1202202l
12:00 am
Incident Number : 202102216
County : Wake
Region : Raleigh
Est. Volume :1-1
Report Received : f 12/03/2021 Report Entered : 1 12/03/2021
gallon
Did SSO Reach Surface Water : Q Yes Q No 0 Unknown Vol. Reaching Surface Water : J-1 gallor
Did SSO result in Fish Kill : 0 Yes 0 No O Unknown Estimated Fish Kill :
Water Body : (Turkey Creek (Lake Ann) - 27-33-9-2
5 Day Details
SSO Start Date/Time :
End Date :
Report Received :
Duration :
Est. Volume : � gallor
Report Entered :
Did SSO Reach Surface Water : 0 Yes 0 No 0 Unknown Vol. Reaching Surface Water : � gallor
Did SSO result in Fish Kill : 0 Yes 0 No 0 Unknown Estimated Fish Kill :
Water Body : I
Regional Contact :
County :
* Location of the SSO :
Cohn, Colleen .
---Select Value---
Date/Time (mm/dd/yyyy hh:mm am):
. 8224 Green Lantern St - The Ashton Apartments
Manhole# :
Comments :
Justin Harcum from City of Raleigh Stormwater called
to report a spill from a private lift station owned
by The Ashton apartments. City of Raleigh had visited
the site on Wednesday, 12/1/2021, and did not observe
a spill, so start time/date is estimated from that
information. Unknown amount of spill, which reached
Lake Ann. A spill from this facility was reported on
11/18/2021 (RIMS ID 202102170), and temporary repairs
made for that incident may have failed leading to
this incident.
Specific Cause (check all that Apply)
City :
Raleigh
of I 5/5/2022, 3:56 Phe

ROY COOPER
EUZNIETH 5. BISER
Scareary
S DANIEL SMITH
Weemr
wed 14e11 # 7020 3160 0000 41Q9 MA
lisimnassektEamited
Iris Ramos, Community Manager
Ashton Apartments
8224 Green Lantern Street
Raleigh, NC 27613
NORTH CAROUNA
eneeemosstailiatilly
January 24, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Nat NOV-2022-DV-0024
Sanitary Sewer Overflows - December 2021
Collection System Permit No. WQCSD0682
The Ashton Apartments
Wake County
Dear Ms. Ramos:
MAILED
A review has been conducted of the self -named Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Ashton Apartments. The Division's Raleigh Regional Office condudes that the Ashton Apartments violated
Permit Condition I (2) of Permit No. WQCSD0682 by falling to effectively manage, maintain, and operate
their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the
SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for whkh a permit
is required by G.5.143-215.1.
The Raleigh Regional Office is providing Ashton Apartments an opportunity to provide evidence and
justification as to why Ashton Apartments should not be assessed a dull penalty for the violations) that are
summarized below:
Told Vol
Total Surface
Incident Wart Duration Vol Water
Number Date (MIns) Location Caws (Gab) (Gale) DWR Action
202102216 12/2/2021
Apaitments
8224 Green lantern St Pump station unknown unknown Notice of Violation -
- The Ashton equipment failure Notice of Intent
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• Attach this card to the hack of the maw,
or on the front If space permits.
maim Mumma rix
IRIS RAML COMMUNITY MANAGER
ASHTON APARTMENTS
8224 GREEN LANTERN STREET
RALEIGH, NC 27613
NOV-20220P00241 NOV-INTENT TO ISSUE CP / 20220231
THE ASHTON APARTMENTS / WOCS00682 / WAKE COUNTY
REC: 7020 3160 0000 4109 5015 / M 01/24/2022
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A IRIS RAMOS, COMMUNITY MANAGER
rn ASHTON APARTMENTS
8224 GREEN LANTERN STREET
N RALEIGH, NC 27613
NOV-2022-DV-0024/ NOV-INTENT TO ISSUE CP/ 20220131
M1 THE ASHTON APARTMENTS/ WQCSDOII2 / WAKE COUNTY
REC:1020 3160 0000 4109 5015 / M 01/24/2022
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NCDEQ DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
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Find Permit
Reviewers
Details 1
Related Permits Comments } Histosy
Details
Permit
Permit Type:
JWQCSD0682
Inspections
CI ass.iDesl g.
Version:
Incidents
-r
Enforcements " Violations
Events
1.0
Deemed permitted collection system management and operation
Permit Classification: individual
Program Category
Facility:
Owner.
Non -discharge
Reg_ Activities
Status: lActive
Primary Related Permit
Admin Region: Raleigh
County: Wake
[The Ashton Apartments
Details...
KvHawthome at Trace LLC
Issued: 11011512018
Effective:
Expire:
SOC:
Last Updated By ason.robinson
1011512018
— Dates --
Orig Issued:
Statutory
Inactive:
Details...
1011512018
0110612019
Details,..
Project Type: New Project
❑ Major Permit
❑ Has Subsurface Drains
0 New Farm 0 Existing Farm
❑ Innovative
❑ Rainbreaker Device
❑ OIC Present
Last Updated On:
< Back
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Finish'
F.— Close
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Avail. Aci
1011512018 2:56
Ready SID

ROY COOPER
Governor
EUZABETH & BISER
Secretary
& DANIEL SMITH
Director
Certified Mali # ZOO 3160 000114109 5D14
ESINMAIIMPLUginatcli
Iris Ramos, Community Manager
Ashton Apartments
8224 Green Lantern Street
Raleigh, NC 27613
NORTHAROUNA
no + Quality
January 24, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Traddng No.: NOV-2022-DV-0024
Sanitary Sewer Overflows - December 2021
Collection System Permit No. WQCSD0682
The Ashton Apartments
Wake County
Dear Ms. Ramos:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Ashton Apartments. The Division's Raleigh Regional Office concludes that the Ashton Apartments violated
Permit Condition I (2) of Permit No. WQCSD0682 by failing to effectively manage, maintain, and operate
their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the
SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit
Is required by G.S. 143-215.1.
The Raleigh Regional Office is providing Ashton Apartments an opportunity to provide evidence and
justification as to why Ashton Apartments should not be assessed a civil penalty for the violation(s) that are
summarized below:
IIncldent Start Duration
Number Date (Mans) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gale) DWR Action
202102216 12/2/2021
8224 Green Lantern St Pump station
- The Ashton equipment failure
Apartments
unknown unknown Notice of Violation -
Notioe of Intent
Wr hOwdrooipignentdinbrommoalouMd I PAW
eeleahllepl.rfanbe 3e00e.Rpn1A. IleeepMWorteanftioni109
+IU%umo

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S.143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement dedsions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area dosures. Other factors
considered in determining the amount of the dvil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
MaharanrDeportment rfgaaaneesrggpryr Melon ofWaerleeoueae
MateghleglrWonloe SeoosrreetORM lidelikNorth Qralna tiel
919.7411.4200

Hayes, Mitch
From: The Ashton Manager <[e-mail]>
Sent Monday, February 14, 2022 2:08 PM
To: Hayes, Mitch
Subject [External) The Ashton sewer pump
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Summ.
The Ashton will like to have the opportunity of explain that we did not know the sewer pump was our responsibility, Iris
Ramos Call the city of Raleigh early November to ask if the sewer pump was the Ashtons responsibility or the city. No
one came, until one of the neighbor complain. After we new the sewer pump belong to the Ashton Our team work 3
weeks 24/7 to get the problem resolve, The city of Raleigh (Zachary Poole 919-996-3406) Can tell you how hard the
team work to get the problem resolve. Iris Ramos tail 15 Plumber, No one where familiar wit the sewer pump
situation. Until one finally open the sewer pump and gave us the information on the manufacture Or the company that
build and installed the sewer pump. Now we are monitoring the sewer pump every day to prevent this in the future. And
it will be our responsibility to communicate future owners to monitored the sewer pump in the daily bases. We the
Ashton family will like a chance not to get a penalize. We have invest a lot of money to fix any damage the sewer pump
have cause.
Please let me know if you have any question.
Iris Baez Ramos
Community Manager
8224 Green Lantern Street Raleigh, NC 27613
[phone]
ASHTON