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Lake and Shoreline Protection Hotline
573.365.9203
Website
AmerenMissouri.com/Lake
Email
lake@ameren.com
Why did FERC approve a 662 foot elevation?
Ameren Missouri proposed this boundary. The order concludes that approving the proposal, as modified, will eliminate excess land not needed for project purposes while retaining the lands necessary for environmental, recreational, historic preservation and energy production. </br> </br> As proposed by Ameren Missouri and approved in today's order, the project boundary generally tracks the 662 foot elevation because the area below that level will be frequently inundated by the project, according to historic data. It is important to note that changes made to the project boundary have not altered the property rights regarding the underlying land. Any disputes over ownership must be resolved by the appropriate court.
Will the 662 foot elevation allow the public to camp and picnic on my privately owned land?
No, unless Ameren Missouri has a reserved right to allow public access to the land.
Will the 662 foot elevation limit public access to public camping and picnic grounds and reduce access to the shoreline?
No. The public will continue to have the right to access the shoreline within the Project Boundary on lands owned or controlled by Ameren Missouri. The Commission modified Ameren Missouri's proposal to ensure we would provide adequate public access to existing public and state parks.
How many houses/structures will remain in the boundary?
Zero. All private residences and commercial structures will now be outside the Project Boundary and FERC will have no jurisdiction over them.
What happens to any remaining structures such as gazebos, piers and boat docks?
Ameren Missouri has stated we intends to work with structure owners to determine which were constructed pursuant to a permit, and which conform to Ameren Missouri's permitting guidelines so that they can be grandfathered by Ameren. </br></br> For all other gazebos, piers or boat docks, Ameren Missouri will work with owners of these types of structures to determine which structures can be permitted under the approved SMP. Ameren Missouri will file a report with FERC within one year of the issuance of today's decision addressing how we propose to remedy each encroaching structure.
Will FERC be taking away my property rights?
No. Nothing in Ameren Missouri's Shoreline Management Plan, the July 26 order, the Nov. 10 order or this decision has any effect on property rights. Whatever rights landowners have in lands within the boundaries of the Osage Project - whether conferred by deed, lease, easement or other conveyance - have not been and will not be altered by FERC's actions. </br></br> The inclusion of lands within a Project Boundary serves the function of indicating that the lands are used in some manner for project purposes. However, the mere inclusion of lands within a Project Boundary will not restrict landowner uses, since such inclusion does not itself create or alter property rights.
What is a Shoreline Management Plan (SMP)?
A Shoreline Management Plan (SMP) is essentially a land use plan, in which a licensee, in consultation with stakeholders and subject to Commission approval, determines what types of development and environmental protection are appropriate on the licensee's shoreline lands. Typically, certain areas are reserved for public recreation, in others, certain uses consistent with residential and commercial development on adjacent, non-project lands are permitted, and some are restricted in order to protect environmental values. Many SMPs include buffer zones immediately adjacent to the shoreline, where land-disturbing activities are significantly restricted in order to protect the environmental and public access. Not all projects require SMPs; these plans are generally required where it appears that the project's shoreline may be subject to competing developmental pressures such that public access or environmental resources are at risk. An SMP is only applicable to lands owned or controlled by a licensee, and has no effect on areas in which a licensee has no interest.
Who is responsible for enforcing the SMP at the Lake of the Ozarks?
Ameren Missouri, the licensee for the project, is responsible for enforcing the SMP. We oversee shoreline activities and take actions to prevent unauthorized uses of our own lands or lands over which we have easements to fulfill project purposes. We must ensure that proposed uses of shoreline lands are consistent with the purposes of protecting and enhancing the environmental values of the project while safely operating and maintaining the project.
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