Why 660 LAKE WIDE?

At the town hall meeting with Ameren on Nov. 19, 2011 it was asked to them specifically whether or not they planned to move the project boundary for ALL 4200 identified "encroaching structures" to the 662, or JUST the 1200 encroaching homes. They said that they ONLY planned to move it for the 1200 IF FERC approved, and NOT for the remaining 3000 structures. What does this mean to you? Well, it means that you will have to follow a new set of guidelines laid out in the Appendix B of the SMP (Shoreline Management Plan) and register your "encroaching structure" with Ameren so they can "manage and control" your property (their words in the SMP). It also means that if you have an undeveloped lot on or even off the water that falls within their project boundary...well, it appears you are out of luck since the "Commission" (FERC) says this about residential dwellings in their "project boundary":
This Is What THE FERC ORDER READS:

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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.
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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