LTR to Brad Schuler 4847-9947-2847 v.2-
ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMINGTON
www.wardandsmith.com
SAMUEL B. FRANCK, Attorney at Law
127 Racine Drive
University Corporate Center (28403)
Post Office Box 7068
Wilmington, NC 28406-7068
P: 910.794.4835
F: 910.794.4877
sbf@wardandsmith.com
January 19, 2021
New Hanover County Technical Review Committee
c/o Mr. Brad Schuler, Senior Planner
230 Government Center Drive
Suite 110
Wilmington, NC 28403
RE: Tidalwalk
Our File 181586-00001
Dear Mr. Schuler:
Our firm represents the Tidalwalk Home Owners Association, Inc. (the "Association").
On behalf of our client, I write to request revision to the TRC approval for this
planned community with regard to the sidewalks contemplated therein. Consistent
with the discussions between my client and the County engineering staff, we ask that
the sidewalk improvements that are contemplated in the subdivision and grading
approvals for the Tidalwalk planned community be adapted consistent with the
attached sketch plan.
This change is justified for several reasons. First, Tidalwalk is a gated planned
community, without through traffic, and the sidewalks serve only the residents of
that community. Second, there are significant wetlands around the community,
which are impacted by any changes to impervious surface, including any additional
sidewalks. And, third, the developer failed to install the sidewalks, has left the
community, and the remainder of the bond provided by the developer to the County is
not sufficient to fund sidewalks in all the locations originally contemplated on the
approved grading plan.
The location of the sidewalks to be installed, as reflected on this revised plan, are the
product of discussions and site visit meetings with the County engineer, Jim
Iannuchi, in the fall of 2020.
I am also requesting that the funds provided by the developer, MREC-Tidal Walk,
LLC in satisfaction of the bond required for installation of bonded improvement to the
TidalWalk planned community be released to Association to be utilized for
construction and improvement of sidewalks and other previously bonded
Brad Schuler
January 19, 2021
Page 2
infrastructure improvements. The Association agrees to hold the County harmless
for release of the remaining bond funds, and for approval of the revision to the
original grading plan.
Yours truly,
Samuel B. Franck
ND: 4847-9947-2847, v. 1