What Does That Mean?

 
In the coming posts we will take a look at what the new SMP means, or could mean to all lake front property owners. The ambiguity of terms and the details, or lack thereof, should be alarming seeing as how the FERC Order says that when it comes to the authority of Ameren and their rights to be the judge and jury since, apparently, FERC has given them the authority to change the rules as they see fit:



Appendix B/SMP



" 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."



I don't know about you, but the "reserves absolute right and discretion" and the "impose additional requirements" parts of this order don't sit too well. Again, the ambiguity in favor of Ameren, the resource agencies, and FERC should cause major red flags for any private property owner. There are NO checks and balances. And, as said yesterday....IF you have an appeal, as it sits, the same agency that has dealt you your card will decide whether it is fair or not.



Shoreline Development Permit Program



FERC Order July 2011



17. ......".Prior to any ground-disturbing activity, or the installation or construction of anystructure on or affecting project lands, a permit application must be approved by, and a permit issued by, AmerenUE......"



So, how do we interpret this? Just read it. It does not ONLY deal with the project boundary or the lands within it. It clearly states if you are going to dig anything that could AFFECT project lands you must submit an application for a permit, and then once you jump through the potential myriad of hoops, and then get the approval of Ameren, and all of the resource agencies, and pay for your permit, and then pay for any environmental assessment of the lands that Ameren thinks you need to have evaluated based on the potential harm you could cause, and they review your permit again ...then, and only then, can you safely move forward. Is that how it is going to work?



So, if you want to do a little landscaping in your back yard and put a nice retaining wall in place... is there a permit required? Sure does read that way.   Does that mean if I want to dig a hole and plant a tree, and some of that dirt from the hole is sitting in my back yard too close to the "project boundary" I could get fined if I get caught?  I would hate to take a chance knowing how strict those fines and fees could be. Most people can’t afford $4000 in fines for an honest mistake.  Who decides if it "affects" project lands?  Not you. REMEMBER: If you get caught without obtaining the correct permit Ameren can charge you a $2000 enforcement fee AND a $2000 deterrent fee according to the Appendix B to the SMP: Lake of the Ozarks Permit Requirement; A Reference Guide for Property Owners/Builders and Contractors

Remember Big Brother Is Watching....

FERC Order July 2011

18." AmerenUE has taken a number of steps to ensure the accuracy and efficiency of its permitting program. The first was to develop an electronic permitting system that allows for easier tracking of permit information. AmerenUE ha instituted a geographic information system (GIS) that contains information about the entire shoreline around the lake; permit information, including any conditions that must be met; and county land ownership information. AmerenUE can also search its permit information, which allows for ease of enforcement and permit verification."

This order is our new reality. This is the law now. Disgusted? Confused? You probably should be.