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Pg.15;paragraph 46
"....the Commission
does not allow the interests of
private property owners to override the
public’s use and enjoyment of project lands and waters appropriate actions to
resolve such non-conforming structures and encroachments with the goal of removing them from the project
boundary."
It also says....
Page 13; paragraph 39
"...the Commission does not condone residential
development and occupancy of project lands, since
such residential use is inconsistent with the Commission’s policy"
It says this, too...
Page 13; paragraph 40
In the majority of cases,
the existing non-conforming structure/encroachment should be removed in a timely
manner and the site restored to pre-existing conditions."
However,
since we “misunderstood” the FERCs original order about private homes (sigh),
realize that if you are one of the remaining 3000 this is what life looks like
for you.
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TAKEN
FROM THE APPENDIX B: LAKE OF THE OZARKS
PERMIT REQUIREMENTS/ A Reference Guide for Property Owners and
Builders/Contractors:
Property owners claiming
an ownership interest in non-conforming structures must register them with
Ameren Missouri prior to January 1, 2012. (This was as of the original
order. This date will be given latitude depending on what they come up with in
the first quarter of 2012 once the new modifications from Ameren are
submitted).
" As a courtesy, Ameren
Missouri intends to notify property owners who appear to Ameren Missouri to
claim ownership of non-conforming structures, but it is the ultimate obligation
of the property owners to register the non-conforming structures prior to the
deadline. "
Here
is what you will be required to do:
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)
(Note this: The FERC Order of July 2011 says this with reference
to the maps that identify "encroaching structures" identified by
Ameren through GIS Maps:
— All GIS data must be positionally
accurate to ±40 feet in order to comply with National
Map Accuracy Standards for maps at a 1:24,000 scale.
Yes, this means that the margin
of error allowed Ameren is plus or minus 40 feet. So...they identify you on
some map as being "encroaching"; are allowed an enormous margin to be
right or wrong; and you have to pay to prove as to whether or not their
assertion is correct. The burden rests upon you and your pocket book to fight
them. )
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
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. "
The cost we have heard
for this service has been from $3000-$4000. In fairness this is what has been
charged commercial dock owners. Since we have not had experience with the
residential side YET…this cost is not yet verifiable.
____________________________________________________
In
Ameren’s own words here is what you should expect if you have a “non-conforming
structure” inside the project boundary:
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.”
“ 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.”
1. A grantee of an interest in project property (including
subsequent grantees, hereinafter collectively “grantees”) shall not make such
use of the interest of the non-conforming structure(s) for which the interest
was conveyed as may endanger health, create a nuisance, or otherwise be
incompatible with overall project uses. (We already KNOW that the FERC does not believe in anything,
even homes, to be acceptable in the project boundary by their own words. This
is a potentially scary proposition due to the fact we already know the
contradiction here.)
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. (So even if you do have a lease or a permit…IF your structure is
destroyed by an act of God or a fire you can NOT rebuild.)
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.
B-7
" The review of the application may require approval or comments from
federal, state, or local agencies and, in some cases, final approval by FERC
(see Table 5 in the SMP for a listing of uses requiring agency notification and
FERC approval). Applicants must comply with the requirements of all other
applicable regulations, restrictions, covenants, and ordinances. "
You
need a permit? Get ready to wait if you
are considered to be in a “wetland” or “head of cove” because you may need
approval through an environmental assessment from the DNR, the National Park
Service, Missouri Department of
Conservation, U.S. Fish and Wildlife Service, the Advisory Council on Historic
Preservation, and the Department of the Army Corps of Engineers if Ameren says
so.
GET
THIS ONE:
" 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."
" AmerenUE proposes to continue to implement the permit program as part of
the Project No. 459-212 SMP. Article 419 (“standard land use article”) of the
project license and the shoreline use classifications would be used to
determine the level of review and approval required for any proposed shoreline use. "
" Certain shoreline uses
would be allowed in each shoreline use classification and AmerenUE would be
able to convey certain interests in project lands and waters (through leases, rights-of-way,
fee-title conveyances) or permit
certain non-project uses without resource agency notification and/or Commission
approval. (I don't know about you...but, the idea of a lease
means a yearly or monthly payment attached. )"
Enforcement:
"Property owners and Certified Dock Builders who fail to obtain a permit or
whose facilities do not comply with the conditions of their permit may be charged
enforcement fee, as shown in the fee schedule."
"The payment of the enforcement fee does not waive any applicable
processing or use fee. Future permits will not be issued for a property until
all fees are paid."
"Any
dock or property owner, or Certified Dock Builder who fails to obtain a permit,
fails to comply with the terms of a permit issued, or fails to comply with
Ameren Missouri policies or directives at Lake of the Ozarks shall be liable
for all costs including attorney's fees and interest-incurred in the
enforcement of Ameren Missouri's permit provisions."
Remember:
"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."
AND...
If you have an appeal about unfair treatment or an objection to the process,
guess who hears those objections or appeals. You guessed it! Ameren and
FERC...the same guys who are allowed the ABSOLUTE RIGHT AND DISCRETION TO MAKE
APPROPRIATE EXCEPTIONS OR MODIFICATIONS TO THEIR OWN REQUIREMENTS, CAN ALSO
IMPOSE ADDITIONAL REQUIREMENTS ON YOU.
■ Failure to
obtain a permit ..................... .up to $2,000
■ Failure to
comply with permit conditions ..............
up to $2,000
So when you hear people demanding that the project boundary be changed lake
wide…above is the reason why. There are an additional 3000 structures and
untold lot owners, as well as owners with lots who will want to make
improvements to landscaping, decks, or patios in the future that will not be
allowed that right if the project boundary is only modified for the 1200.
The ideal situation for ALL lake front homeowners is to see the
project boundary moved to the 660 elevation LAKE WIDE. Where are our rights?
Does anyone remember the easement that is attached to most of our deeds? How
does that document just "go away" after almost 80 years? Do the
majority of stakeholders REALLY approve of this plan as Ameren keeps touting?
Let them hear from you. If no other reason than to find out if you are one of
the 1200 homes or one of the 3000 "encroaching structures". REMEMBER:
VERY FEW homeowners even know they are in the crosshairs here. Ameren has yet
to notify formally. You easily could be one of the 4200. People are finding out
they are part of the project boundary every day with a phone call to Ameren.
They had no idea. They thought it was some poor guy down the lake. It could be
you.
Ameren
Hotline Number: 573.365.9203
