The "660" Is The Answer!

As Ameren rolls out the invitation for workshops to” hear from the public” and conduct workshops on their plan to move the project boundary to the “662” has anyone noticed that this valiant PR effort is taking place in the deepest throws of the winter season?  This is not unusual if you look at the meetings on the IMZs of the past.  Never is there an invitation during the season.  Coincidence?  You be the judge.  And, to boot, there has never been any notification to those 4200 homes that fall within the project boundary to make them aware that they should be a part of this conversation.  Ameren is offering a grand solution to a problem that many homeowners do not even know exists.  Should they not be made aware they are a part of a problem?  Those people are the people who should be a part of this workshop.  Those people are the ones who may want to make a comment….if they knew there was a problem with their homes or improvements on their private property. Unfortunately, Ameren has never notified these people.  Why?

This PR effort to convince the lake area residents that the “662” is the best solution for all of us begs for us to revisit the truth. 

At the direction of elected officials and the FERC, Ameren has been handed an edict to save the 1200 homes in jeopardy of being removed as directed by the FERC Order of July 2011.  They are fulfilling this request by proposing the movement of the project boundary to the “662” and offering to “carve out” other homes in the project boundary.  But, if the project boundary stays at 662 lake wide there will still be massive issues for all homeowners at the Lake of the Ozarks.

Why?  Well, the variable water’s edge is the 660.   To move the boundary to this point would allow the majority of issues of encroaching structures (such as decks, boat houses, gazebos, septic lateral lines, septic lift stations, pools, landscaping, etc.) to be immediately resolved since ownership goes to where a property owner’s lot meets the lake.  Simple.

If this does not happen there WILL be issues.

There will still be a small strip of land that will sit between your lake home and the lake.  Although an easement of record does and has existed since the 1930s, it apparently does not matter to Ameren since they are claiming “fee simple ownership” of these lands even though they do not pay taxes on this property.  This strip of land Ameren clearly claims ownership of will separate your lake front home from the lake, thus making your property a second tier property.  This can be said fairly since you do not “own” to the water’s edge.  You will have to trespass over Ameren’s property to get to the lake.  Whether by 2 feet or by 20 feet, if you do not own the property (or find your easement honored) that adjoins the lake you will be expected to pay for it in one way or another.  Let’s look at how.

Here is what you will be required to do if any structure is considered by Ameren as encroaching:

1. A completed registration form (provided by Ameren Missouri’s Lake Ozark office upon request).

2. Payment of a $400 registration and use fee.

3. A survey clearly defining the portions of the non-conforming structure(s) within the project. Said survey shall include the elevation-based project boundary, the highest estimated flood elevation of the lake, property ownership information and any other information deemed necessary by Ameren Missouri to characterize the scope of the nonconforming structure. (survey should cost from $700 -$1200)

4. A copy of each deed, title abstract, or similar instruments of title of record relating to the real property lying beneath the non-conforming structure.

5. Copies of building permits, zoning approvals and any other local state and federal permits obtained for the non-conforming structure.

6. A description of the environment in the area of the non
conforming structure including but not limited to:

            a. Common fish and wildlife species

               b. Threatened and endangered species

c. Wetlands, critical habitats, or other significant features

d. Historic properties

e. Trees and other vegetation

f. Water quality

g. Existing land and water uses in the area, including public recreation

h. A description of the non-conforming structure’s existing and  potential impacts on the environment

Environmental Assessment Fees (described above)

4.1b Environmental Review

" All applications received that require review of an environmental assessment shall be assessed an environmental review fee. "

THIS WILL ALL BE THE FULL RESPONSIBILITY AND EXPENSE OF THE PROPERTY OWNER. 

DON ‘T MISS THE OBVIOUS!!!! IF YOU DON’T OWN TO THE WATER’S EDGE, YOUR DOCK WILL BE SITTING ON THE “PROJECT BOUNDARY” THAT AMEREN CLAIMS TO “OWN”….  even though you pay taxes on it.

Stay with me here…if it is found that you have any encroaching structures (this could be your lateral lines to your septic or a patio) this is what you will have to look forward to according to Ameren:

Non Conforming Structures

“Ameren Missouri will review the registration and application materials and consider whether it is appropriate to convey an interest in project property (typically through a permit or lease) to an applicant, the interest will allow the applicant to continue the use of such non-conforming structure and to transfer such interest.”

Here is what Ameren says about “non conforming” structures:

“ Even where Ameren Missouri has conveyed an interest in project property to an applicant, Ameren Missouri generally will not encourage the survival of the non-conforming structure related to the transfer, as all non-conforming structures in the project boundary are declared by Ameren Missouri to be incompatible with other permitted shoreline structures and uses.”

2. Should a non-conforming structure be destroyed by any means to an extent of more than sixty percent (60%) of its total replacement cost at the time of the destruction, a grantee shall not reconstruct the non-conforming structure except as otherwise provided herein.

3. A grantee may not enlarge, alter, increase, expand, or extend the non-conforming structure(s) for which the interest is conveyed, such that the non-conforming structure(s) occupy a greater area than occupied on the effective date of this section.

4. In the event a grantee violates any of the foregoing terms, conditions, covenants or restrictions, or in the event a non-conforming structure is determined to be unsafe, unlawful or abandoned and cannot be restored, repaired or rebuilt in conformity with the provisions herein, then Ameren Missouri may terminate the interest conveyed and may require the non-conforming structure be removed.

Ameren also grants themselves “absolute discretion” to change the rules at any time when they see fit.

" Since every possible situation cannot be anticipated, Ameren Missouri reserves the absolute right and discretion to make appropriate exceptions or modifications to Ameren Missouri’s requirements, to make special rulings, and impose additional requirements, including the requirement that the applicant provide a survey to verify the facility was installed in conformance with the permitted location."

The 660 protects property owners.  It is just as simple as that.  Without that protection there will continue to be issues.  Just read Ameren’s own words and the recent FERC Orders discussed in this blog.  It is obvious.  Show up to the Ameren workshops and make your public comments known.  Ask for the 660.  It is the simple solution for property owners for a multitude of reasons.