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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