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The Lake News Online
  • Shoreline structures could get a reprieve

  • If the Federal Energy Regulatory Commission agrees, more than 200 homes and other lakefront structures will be given a reprieve based on the recommendation of Ameren Missouri.
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  • If the Federal Energy Regulatory Commission agrees, more than 200 homes and other lakefront structures will be given a reprieve based on the recommendation of Ameren Missouri.
    As the final step in addressing the issue of dwelling encroachments at the Lake of the Ozarks, Ameren Missouri has recommended the FERC allow 215 non-conforming structures to remain within the project boundary.
    Ameren Missouri’s recommendation comes one year after FERC’s June 2012 order to comprehensively revise the project boundary at the Lake to 662 feet and below for certain structures. The order included a provision that required Ameren Missouri to inventory and recommend a plan for all remaining non-conforming decks, patios, gazebos and similar structures. For the past year, Ameren Missouri has inventoried the structures, worked with property owners and agencies and recommended a positive closure plan to FERC.
    “Our main goal during this process has been to work with property owners to successfully resolve issues related to the location of non-conforming structures within the project boundary,” said Jeff Green, supervisor of Shoreline Management, Ameren Missouri. “We’re pleased to take this final step with the lake community and recommend that all pre-existing decks, patios, gazebos and similar structures be allowed to remain on project lands. We have determined they have no impact on project purposes or Ameren Missouri’s ability to safely manage the Lake.”
    In making the recommendation, Green said Ameren Missouri is committed to being a good steward of the Lake and has no reason to believe the structures will adversely affect the shoreline environment.
    Under the new FERC approved Shoreline Management Plan, new decks, patios and gazebos are not allowed on project lands below the 662-foot elevation. It is very important for property owners to know the location of the 662-foot elevation prior to planning a lakefront construction project.
     
    Background: FERC has regulatory authority over specific hydroelectric projects, including Ameren Missouri's Osage Project in central Missouri. By law, FERC is charged with balancing power generation and non-power generation values when issuing hydropower licenses. FERC accomplishes this balance by giving “equal consideration” to the wide range of public benefits provided by hydroelectric projects.
    • On July 26, 2011, FERC issued an order to Ameren Missouri approving and modifying our proposed Shoreline Management Plan for Lake of the Ozarks. In that order, FERC raised concerns about encroachments to the project boundary.
    • Ameren Missouri reviewed the order and on Aug. 26, 2011 filed a rehearing request on certain provisions related to non-conforming structures and encroachments.
    • FERC responded on Nov. 10, 2011 with a second order. It clarified FERC’s previous position and clearly provided a framework for Ameren Missouri to propose a project boundary change to be submitted for FERC approval.
    • Ameren Missouri hosted two public workshops in January 2012 to seek input from resource agencies and the public regarding proposed boundary changes to help resolve the project boundary.
    Page 2 of 2 - • On Jan. 31, 2012, Ameren Missouri filed a plan with FERC to resolve the issue of encroachments within the project boundary. That plan proposed lowering of the boundary to 662 feet plus carving out below 662 feet for existing dwellings.
    • On June 5, 2012, FERC approved Ameren Missouri’s shoreline boundary revision – lowering the boundary to an elevation of 662 feet plus carving out below 662 feet for existing dwellings. In addition, Ameren Missouri moved forward with filing Estoppel Certificates in the Recorder of Deeds Office(s) of Camden, Miller, Benton and Morgan counties. That document clarified property ownership and confirmed that dwellings located on Ameren Missouri property but outside the project boundary were not in jeopardy.
     
     

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