Marsh Pt 2 Of 3

areas. b. The surfacewater managementsystemfacilities are located on land that is designatedcommonproperty on the plat, are locatedon land

Page13 Octoberl9,200s CHAPTER TWO -Page 7 that is owned by the association,or are locatedon land that is subjectto an easementin favor of the associationand its successors. c. No constructionactivities may be conductedrelative to any portion of the surfacewatsr managsmentsystemfacilities. Prohibitedactivities include,but are not limited to: digging or excavation;depositingfill, debris or any other material or item; constructingor altering any water control structure; or any other consfruction to modifu the surfacewater managementsystemfacilities. If the project includesa wetland mitigation area,as defined in sectionI .7.24,or a wet detentionFondono vegetation in theseareasshall be removed,cut, trimmed or sprayedwith herbicide without specific written approval from the District. Constructionand maintenanceactivities which are consistentwith the designand prmit conditions approvedby the District in the Environmental ResourcePermit may be conductedwithout specific written approval from the District. d, The associationis responsiblefor operation and maintenanceof the surfacewater managementsystemfacilities. Operation and maintenanceand reinspectionreporting shall be performed in accordance with the terms and conditions of the Environmental ResourcePermit. e. All the lot owners,parcelownersor unit ownersmust be members ofthe association. f. A methodof assessingfunds and collecting the assessed funds by the associationfor operation,maintenanceand replacementof the surface water managementsystemfacilities. gThe District hasthe right to take enforcementmeasures,including a civil action for injunction and/or penalties,againstthe associationto compel it to correct any outstandingproblems with the surfacewater managementsystemfacilities. h. Atty amendmentof the declarationof protective covenants,deed restrictionsor declarationof condominiumaffecting the surfacewater managementsystemfacilities or the operation and maintenanceof the surfacewater managementsystemfacilities shall have the prior written approval of the District.