GLUE
Report 11-14-2011
Good morning Grand Lakers!! A quick status report on
where things stand:
Good News Category
As you probably know by now, FERC claims they really
didn’t require the removal of some 4000 structures deemed to be within the
project boundary at Lake of the Ozarks. In their words, their order was
misinterpreted. And if you believe that…
FERC has now agreed to a two day conference in
Washington to address the concerns at Smith Mountain Lake in Virginia. It’s
called mediation. More information is available at www.curb-ferc-aep.com.
Bad News Category
GRDA General Council Gretchen Zumwalt-Smith has been asked to resign by new (Non-political appointed) GRDA CEO Dan Sullivan. Gretchen and I clashed on a couple of occasions, but certainly professional and approachable with respect to Grand Lake issues. Also a resident of Monkey Island and understands our concerns….couldn’t always support them, but definitely understood. If the rumored possible replacement comes to fruition, a Tulsa city reject, we’ll all sigh in unison, “You’ve got to be shitting me?”
Senator McCaskill’s news conference following the
clarification from FERC on Lake of the Ozarks sounded as though she might think
this fight is over. Hopefully her constituents won’t allow that to happen. I’ll
copy an e-mail below which is from a stakeholder at Lake of the Ozarks which demonstrates
how absurd the FERC explanation really is and points out additional concerns
not addressed.
We’ll have more on Grand Lake News Online later this
week.
We all saw the headlines last week that said we
"misunderstood" the FERC order. I actually got to sit on a
conference call hosted by Senator McCaskill and the FERC officials
who also tried to convince us that we misunderstood what they meant, and they
boldly pointed the finger back at Ameren. WHAT??? After that phone
call I can say that I am more convinced than ever that they totally meant every
word that the order says. Hanging up from that phone call I
understood that FERC is not on the same page when interpreting what a
"valid deed" or an "easement" means to you and I.
They are pompous and arrogant and feel that they can interpret the rules as
they see fit....or rewrite them when it serves there cause just because they
can. They are WAY out in left field and their back peddling is only a
smoke screen to call off the hounds. Does the FERC think that us
dumb bunch of hillbillies can't read? Do they really think we believe
that this is all Ameren's fault? If nothing else after reading the order
it should be crystal clear that the FERC is guilty. There is no way you
can read the order and not see it. Ameren has NO authority to act without
the FERC endowing them with the power to carry out their wishes. AND, if
Ameren fails to carry out the orders that you are about to read...there will be
no license to operate the dam. Don't drink the FERC's cool aide.
Don't do it.. They are not innocent in this process. Not by a long
shot. And this fight has only just begun.
Understanding the order issued by FERC in July of
this year is important. If ordering the removal of 4200 structures is not enough...the
"order" is concerning in many ways. This is to illustrate some
of the most alarming parts of the FERC Order and how it will impact our lake.
To check out the order in full go to : http://www.ameren.com/sites/aue/lakeoftheozarks/Documents/FERCOrderModifyingApprovingOsageSMP.pdf
UNITED STATES OF AMERICA 136 FERC ¶
62,070
FEDERAL ENERGY REGULATORY COMMISSION
Union Electric Company, dba AmerenUE
Project No. 459-212
ORDER MODIFYING AND APPROVING SHORELINE
MANAGEMENT PLAN
(Issued July 26, 2011)
Page 12. #36 Non Conforming Structures:
According to the FERC the definition of a non conforming structure
that we hear so much about is:
Examples of such non-conforming structures include, but are not
limited to, floating habitable enclosures, dwellings partially or
wholly within the project boundary, decks extending more than three
feet over seawalls, and floating commercial businesses.
Understanding the above
definition of how the FERC views what non conforming means, let us read on as
to what they think should be done to the "non conforming" structures
that are found on their "project lands".
39. Lands that are included in the project boundary are needed for
particular project purposes. Non-conforming structures located on lands in the
project boundary can have adverse affects on project purposes and the project’s
scenic, recreational, and environmental values and are inconsistent with the
licensee’s obligations and responsibilities under standard article 5. Some of
the provisions of AmerenUE’s nonconforming structure policy in the proposed SMP
are inconsistent with standard article 5. Further, it should be noted
that the Commission does not condone residential development and occupancy of
project lands, since such residential use is inconsistent with the Commission’s
policy of maximizing public recreational development.
40. As such, AmerenUE should be required to develop a plan and
schedule to inspect and identify all lands within the project boundary;
identify existing non-conforming structures and encroachments; identify the
project purposes being served by the underlying lands, and take appropriate
actions to resolve such non-conforming structures and encroachments with the
goal of removing them from the project boundary. 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.
We all know the FERC
tried to convince the public that we misunderstood their order....I implore you
to read it. It says it all right there in black and white. We get it. We get it
loud and clear.
46. If allowed in the project boundary, decks, gazebos,
patios, and walkways along the shoreline, including but not limited to
boardwalks, could potentially restrict a significant area of project lands and
waters from public access. As a general policy, the Commission does not allow
the interests of private property owners to override the public’s use and
enjoyment of project lands and waters. 16 Such structures have the
potential to impede public access to the project if they are located in the project
boundary. This prohibition would protect public access to and recreational use
of project lands and waters.
Did you get that? If
your deck could interfere with public access to the project boundary (which is
your easement) in your back yard then you may have to take it out because the
"Commission" does not allow the interests of private property owners
to override the public's use and enjoyment of the "project lands and
waters". Does it sound like the public use is put above your private property
rights? That is because it clearly is.
Lake of the Ozarks Resource Protection Guidelines
52. The proposed SMP includes resource protection guidelines to
provide an additional level of protection for undeveloped shoreline with the
following resources present: wetlands, historic properties, heads of coves, and
areas of woody debris. Within these areas, an increased level of assessment,
consultation, and/or protection would be required, as appropriate, to avoid
adverse impacts. Development may occur in these areas as long as there is a
plan that contains measures to avoid, minimize, or mitigate impacts on
important environmental features within the area.
Confused? You should
be. We all are. Very ambiguous definitions of wetlands, historic properties,
heads of coves, and areas of wood debris make this definition VERY broad and
scary. Heads of coves is a term used over, and over, and over again about the
extreme measures that must be exercised to protect these lands. We do know that
there could be literally thousands of heads of coves at the lake and
THOUSANDS of homes that could face very extreme and serious consequences for
having a dock or seawall in these lands. However, the ambiguity in the order is
alarming. Take a look at what is happening at Smith Mountain Lake if you
want to understand the scope of what this could mean to you. You will not
like what you find. Guaranteed.
It is called pulling a Pelosi....we won't
know how bad it is until they have time to implement it and then we face the
consequences.
Fees
71. We note that article 419 of AmerenUE’s project license allows
AmerenUE to establish fees to cover the cost of administering a permit program.
Further, the Commission has authority to allow licensees to issue
permits for the use of project lands and waters and to charge
reasonable fees to recover its expenses. 19 AmerenUE’s proposed enforcement fees would serve as a
deterrent for non-compliance with the SMP and its Permit Requirements. We have
reviewed the processing fees, user fees, and enforcement fees
proposed by AmerenUE in its SMP at Appendix B, Section 4.0 Fees and Fee
Schedule, and find that they are reasonable.
Did you get that??? The
Commission has authority to allow Ameren to charge us for the use of the
"project land" which is your easement according to your deed...and
the WATERS! This could mean whether you are using a pump to clean your fish...or
needing a sticker for your boat on a yearly basis, Ameren now has the authority
to charge you for the use of the "project waters".
Page 27. Second paragraph:
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.
What does this mean you
ask? When showing what their take on what their project boundary is...your
easement...the FERC has given Ameren a margin of error of plus or minus 40
feet. That means within an 80 foot margin they may or may not get the project
boundary right. IF you think the project boundary is NOT right according to
Ameren, the burden and full cost is dropped into your lap to prove them wrong.
It becomes your burden to prove that you are not within their project boundary.
17.
Prior to any ground-disturbing activity, or the installation or
construction of any structure on or affecting project lands, a
permit application must be approved by, and a permit issued by, AmerenUE.
What does that mean?
Affecting project lands? Let your mind run wild. That is up to Ameren's
interpretation of what that means. It would appear that this
order potentially reaches FAR beyond the scope fo just lake front.
Oh...and remember those fees we just went over? Processing fees, user
fees, and ENFORCEMENT FEES could be yours if you accidentally
misinterpret this rule of the order.
Know this...this is just the tip of the
ice berg. There are 27 full pages to this order. I encourage you to read it all
and understand how this will impact our entire community. Educate yourself.
This is scary stuff and nothing to be taken lightly.
Hope you come to the Town Hall Meeting on
November 19 at the Camdenton Middle School to learn more about where we go from
here.