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Daniel Brown

xxx S. Wynn Wood Cir.


Camden-Wyoming, DE 19934-4451
xxx-xxx-xxxx

July 12, 2008


Re: Prohibited Water Softener Brine Discharge into Residential Septic Systems, Dated June 17, 2008
Prohibited Water Softener Brine Discharge into Residential Septic Tanks, Dated June 24, 2008
Dear Wynnwood Residents, Dated June 16, 2008
State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, Dated July 1, 2008

Investor's Realty
1685 South State Street
Dover, DE 19901
302-736-0270

Attention: Dave Gilgenast:

Subject: Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers

Wynn Wood residents listed in the attached Table 1, Dated July 11, 2008 which incorporates Table 1 of letter;
Prohibited Water Softener Brine Discharge into Residential Septic Systems, Dated June 17, 2008 and letters;
Homeowners Listing Update, dated June 20, 21, 23, 24, 30, and July 5, and 9, 2008, hereinafter will be referred to
as Homeowners. The attached Table 1, Dated July 11, 2008 which incorporates Table 1 of letter; Prohibited Water
Softener Brine Discharge into Residential Septic Systems, Dated June 17, 2008 and letters; Homeowners Listing
Update, dated June 20, 21, 23, 24, 30, and July 5, and 9, 2008, hereinafter will be referred to as Homeowner
Listing. Wynn Wood LLC/Investor's Realty hereinafter will be referred to as Developer. Reference made to
Delaware Code, State Code, the Code, or regulations will refer to The Regulations Governing The Design,
Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations).

While I have no authority to speak on behalf of the homeowners, I find it my responsibility to speak for them. The
homeowners are fully aware that the septic tank watertight access manholes should extend above grade, min 2”,
Max 6” as stated in the regulation sited above and in Exhibit G, Typical Two Compartment Septic Tank of that
regulation, and the water softener brine discharging into their septic tank are in violation of State Code due to the
developer installing/having installed the septic tanks where the risers do not extend above grade and the water
softener conditioning system where the brine drains into the septic tank.

When I purchased our home I expected it to be an enjoyable event. That during the purchasing of a home the
prospected home buyer relies on the confidence of developer to ensure that all Codes are adequately meet. As stated
on your web site, “We only sell in the communities we own, so we are always there after the sale.” and “remember
we're here to serve you!”.

The developer, who during the development of the home sites had the requirement to install a water softener in order
to certify the home for sale due to the water test, and did violate the State Code by not having/ensuring that a dry
well was installed during development. The developer even charged some of the homeowners for the water
conditioner, had others co-pay by personal check for theirs (co-payed after the settlement contract was written) and
didn't charge others for theirs. I am sure that had the affected homeowners known what I believe was a deceitful
business practice by passing the cost of the developers requirement for a water conditioner to some of the buyers,
they would of challenged it at settlement.
Dave Gilgenast
July 12, 2008
Subject: Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers
page 2 of 3

There was obviously no consistency in who was required to pay for the water conditioning system, but I am
confident that every homeowner no matter who paid for the conditioner's to be installed fully expected and had every
reason to assume that a complete water conditioning system was installed and according to Code. The homeowners
having no knowledge of the Code requirements for the installation of a water conditioner relied on the developer
who represented that, and created the impression that the homes were ready for final settlement by the establishment
of a settlement date. This was a false impression given to the homeowners, now relevant due to the fact that the
affected home sites are not within Code.

Investor's Realty contracted for the installation of the water conditioners to satisfy the requirements of the water test
for sale of the home, neglected to inform most of the homeowners that a water conditioning system would be
required prior to settlement, neglected to informed some of the homeowners that they were going to be the only ones
who would pay for the conditioning system when most of everyone else did not, neglected to have a the proper
drainage system installed for the conditioner which was a requirement by Code, and due to the developers negligent
actions some of the homeowners will have to pay for the Dry Well that was not installed due to no negligence on
their part.

Due to the noncompliance with the stated Code in my letters referenced above, the homeowners unknowingly and at
no fault of their own, have contaminated their septic tanks for several years by having salt brine discharging into it.
That in order to mitigate any possible further damage that could be caused by salt corrosion, and to lessen any
possible future damage to the septic tanks due to the years of accumulated salt discharge and crystallization
buildup, the homeowners demand that the developer in good faith and without reservation conduct a service,
cleaning, inspection, and repair of any damage found in the septic tanks caused by the discharge, collection and the
prolonged holding of brine in the septic tanks. That this service be without cost to the homeowners.

Concerning the watertight access manholes. The homeowners Site Plan clearly states that the Owner or Authorized
Agent should have complied with the listed exhibits for the proper installation of the septic tank. Again it would
appear that whatever contractor was responsible for the installation and setup of the septic system made a conscious
decision to willfully disregard the State Code by violating section 6.07217 by willfully and knowingly not installing
the watertight access manholes to extend above grade as per Exhibit G of the Regulation.

The settlement of the septic tanks would not be an arguable reason for the tank manholes not extending above grade.
In my case my access manholes are an average of over an inch below grade, and if the settlement of the tank is to be
blamed for the manholes not extending above grade then that would mean that my tank has settled well over three
inches (assuming it was installed to Code) and one would assume that that amount of settlement in that short of time
would have not been within code which would represent that the septic system was improperly site certified and
installed and would require replacement.

It can be argued that the homeowners through the settlement contract paid for the water conditioner's and septic
system's and would be/are responsible for the cost of the installation of the dry wells and any additional risers
required to bring their home sites to Code. I, and I know after the HOA meeting the Wynn Wood community would
argue that the developer recklessly made the representation that the water conditioners and septic tanks were to
Code by finalizing a settlement date to the homeowners, it could also be argued for Silent Fraud, Innocent
Misrepresentation.
Dave Gilgenast
July 12, 2008
Subject: Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers
page 3 of 3

The most cost effective resolution and what I will propose to the HOA to rectify these Code violations would be to
have the dry wells installed and the septic tanks serviced for each home site listed in the Homeowners Listing. Have
two 24 inch Tuf-Tite Safety Pans installed. The Tuf-Tite should be the installed brand, and the Safety Pans are
approximately 3 inches tall.

These corrections, in which the homeowners had every expectation were completed to Code, and that should have
been completed prior to the homeowners settlement be without cost to the homeowners. This would bring the Wynn
Wood community homes to Code concerning these matters, and would release Investor's Realty from the
responsibility of these Code violations and show how Investor's Realty in good faith stands behind it's motto: “we
are always there after the sale” and “remember we're here to serve you”

I have received Investor's Realty letter, Dear Wynn Wood Resident, received July 11, 2008 written in reference to
the installation of the dry wells for the affected homeowners on the homeowners list. There are some homeowners
who have stated that the letter is written in a way which is intended to release Investor's Realty from any
responsibility to the septic tank servicing and possible damage that may have occurred from the brine discharge and
is the reason why Investor's Realty made no comment to the septic tank servicing in the letter. For this reason, and
due to the notary public seal needed on the signature page they would refuse to sign and return it.

Investor's Realty as I see it and which I have stated before both verbally and in my letters holds full responsibility
for the installation of the dry wells (which are currently in the process of being installed for some of the affected
homeowners), the servicing of the septic tanks and the possible damage caused by the brine discharging into them,
and the septic watertight access manhole not extending above grade. That these issues should be corrected
expeditiously.

I await your written response to this letter concerning the installation of the dry wells for all of the homeowners
listed in the attached Table 1, the servicing of the septic tanks which includes the repairing of any possible damage
caused by the salt brine, and the installation of the access manholes extensions. I will forward your response to the
Homeowners Association and it will be presented to the HOA at our next meeting to inform the association as to the
status of these violations/issues.

As I have said, until now I had regarded your firm as a professional and excellent developer of home sites. I still
feel that in my opinion your concern and willingness to assist homeowners in correcting problems they encounter
during and after the purchase of their homes were commendable, and I have every reason to believe that you will
take prompt actions in resolving these serious matters.

Sincerely,

//s//
Daniel Brown

Enclosures: 1; Table 1, Dated July 11, 2008, 3 pages

c.c. Susan Marsett, DNREC: susan.marsett@state.de.us


Virginia George, President Wynn Wood Homeowners Association:
Table 1. Homeowners that have a water softener discharging brine into their septic tank. Dated: July 11, 2008
Table 1 removed

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