1. Duty and Responsibility: The owner of the lot or tract of land on which a building or other improvement has been or is to be constructed shall have the present and continuing duty to:

1. Control rainfall and other water runoff originating on such property in compliance with all applicable Texas Commission on Environmental Quality Stormwater Pollution Prevention Plan (SWP3) regulations, including but not limited to adherence to best management practices (BMPs) for minimizing erosion and the movement of sediment from the construction site. This requirement shall include, at minimum, the installation of a properly installed silt fence barrier to prevent exposed soil from moving off the construction site onto neighboring property or into drainage ditches.

2. Control rainfall and other water runoff originating on such property.

3. Control the drainage systems flowing through such property.

4. Maintain watercourses along the boundaries of such property.

5. Comply with any and all conditions imposed by the Architectural Control Committee for approval of such project.

   Note: BMPs include but are not limited to the employment of sandbags, silt fences, straw mulch scattered over exposed soil surface and/or hay bale dikes employed to limit the movement of soil from a construction site.

2.  Site Plan Required: A Site Plan consisting of a fully developed drainage plan for the proposed construction area shall be filed with any application to build, add on or change the elevation of any property in Emerald Bay.  The Site Plan must consist of a drawing of the lot or tract of land on which a building or other improvement is to be constructed, as well as all adjoining and abutting land, streets and common areas, and any such additional areas as may be required by the Architectural Control Committee.  The Site Plan should show the following:

A.  The lot and block number of all tracts shown on the Site Plan.

B.  The platted boundaries of all such tracts.

C.  All setbacks and easements.

D.  Location of all curbs, storm sewers and adjacent street lines.

E.  Dimensions and locations of all driveways.

F.  Finish grade elevations of all existing and proposed structures in such area.

G.  Elevations on all existing and proposed changes in topography within such area.

H.  The name, address and phone number of the persons responsible for such project.

I.  The minimum plan size shall be 8 ½ x 11 drawn to scale.

3.  Written Agreement: To prevent any proposed construction from causing detrimental drainage problems to the property of the applicants or others, the Architectural Control Committee may require that the applicant enter into a contract with the Emerald Bay Homeowners Association (HOA) regarding and repairing such work, alterations, modifications and structures to be done.  Prior to the granting of a permit for construction, this contract will be provided at the cost of the applicant.  The Committee may require that a performance bond be provided, at the cost of the applicant, assuring the proper and timely performance of such contract.

4.  Penalties: Failure to comply with these rules in all respects, shall constitute a failure to perform required obligations which, at the option of the Board of Directors, shall permit Emerald Bay Club, Inc. to undertake and perform such action as may be necessary, to bring the property into compliance with this rule in the owner’s place and stead at the cost and expense of the owner, the cost and expenses of which shall be and constitute a lien upon the land involved, payable by owner of said lots to Emerald Bay Club, Inc.