LAKE OF THE OZARKS, Mo. -- From now on, Ameren Missouri will require permits for all pumps that draw water from the Lake; they will require land owners to get permission before removing vegetation below the 662 project boundary; they will more closely scrutinize seawall permits and will require new seawall projects to also include a blanket of riprap. They’ll also require fish habitat to be anchored under all new boat docks with 10 slips or more.
Georganne Bowen said it’s all part of the Shoreline Management Plan (SMP), required by the Federal Energy Regulatory Commission (FERC) during the relicensing process.
“It’s a brand new document for both Ameren and the Lake but it wasn’t created by Ameren. We worked with several other agencies including the Missouri Department of Conservation, the Department of Natural Resources, Fisheries and Wildlife, as well as with several stakeholder groups to develop the plan. The finished product met the requirements of those agencies; it protected our resources and those of shoreline property owners the best we could; and it allowed Ameren to generate power,” she explained, adding that some of the changes were also due to an increased understanding of the Lake’s ecology. “We know a lot more now about how to protect fisheries and water quality than we did in the 1930s. Lake of the Ozarks is healthy and by taking these steps, we will ensure it will remain healthy in the future.”
Bowen said in order to inform the community about those “steps,” Ameren plans to publish a newsletter this spring that will be mailed to property owners throughout the area. She said they’ll also be developing a handout that will be given to those requesting permits as well as a brochure that will be available at various locations around the Lake
In the meantime, they’ve also been holding public seminars to share some of that information. Following is a compilation of some of what has been presented at those seminars with additional information provided by Bowen.
PUMPS
All pumps – either hand, electrical or gas powered, new or already in place – must have permits. Bowen said although Ameren will not actively pursue enforcement action on hand pumps used for fish cleaning stations, they do require all other pumps to be permitted. The permit fee for a pump of 2 horsepower or less is $50; larger pump permits are $100. The intakes of pumps must include screens to protect wildlife and fish and those screen openings must be smaller than 3/32 of an inch. On pumps greater than 2 horsepower, applicants also must provide engineered, sealed drawings, specifications and pump curves – information that would typically come from engineers, who would use their seal to stamp plans, drawings and calculations that have been reviewed by them and conform to standards.
Bowen said pump permits are not a new regulation. Ameren and the U.S. Army Corps of Engineers have always monitored the withdrawal of water from the lake. It’s just the first time that Ameren has actively enforced the regulation.
BANK STABLIZATION
Permits have long been required for seawall construction, first through the Corps of Engineers and then by Ameren, which took over the permitting process. However, from this point on, the criteria for obtaining a permit will be slightly stricter. Bowen said Ameren will be inspecting the sites to determine if there is sufficient erosion to authorize a seawall – typically where there is more than 2 feet of vertical erosion. They must be installed within 3 feet of the eroded bank, they cannot be any higher than the eroded bank and they must be constructed of approved materials. As part of the SMP guidelines, all new seawalls require a 5 foot wide rip rap blanket, as measured going out from the seawall, as mitigation and to prevent undermining the base of wall. It can go as high as needed.
Bowen said Ameren also will be asking owners of existing, unpermitted seawalls to obtain permits.
“Ameren compares photos with permits on file to determine who does and doesn't have a permit when a new request is made for a dock or other structure. However, at some point in the future, owners of unpermitted bank stabilization will be contacted and advised of the new requirement,” she said, adding that minor repairs are allowed without a permit. However, any extension, replacement, new footing, or increase in height or width would need a permit.
The rock used for riprap has to be large enough not to be washed away by wave action. Bowen said the standard is 8 to 12 inches in diameter but shoreline owners on or closer to the main channel may have to use 18-inch or larger material. Property owners will not be required to install rip rap along existing seawalls.
The permit for a seawall is $300 plus $1 per foot for every foot over 100. The same fees apply for existing seawalls. A permit for riprap is $100.
SHORELINE VEGETATION COVER
Vegetation between the 662-foot contour elevation and the water’s edge must be left in place or replaced if removed in order to provide a “reasonable” view of the water; construct access paths; install erosion control measures or perform general vegetative maintenance. However, all modifications must be approved prior to work being done because Ameren reserves the right to order the removal of any unauthorized improvements at the owner’s expense. When trees or other vegetation is removed, they must be replaced with native species – dogwood, redbud, serviceberry, persimmon, mulberry, native oaks, hickories, sugar maples and green or white ash. Grasses and perennials that can be used include big and little bluestem, Indian grass, switchgrass, fescue and any wildflowers, sedges and ferns native to Missouri. Vegetation modification permits are $100.
DOCKS
All docks must be built by a certified dock builder and must be permitted. In addition, all docks equipped with electric power must be inspected by either the local fire protection district or, in the case of the Village of Four Seasons, a building official, and an electrical permit must be obtained. A list of electrical installation requirements, a wiring diagram and a checklist for docks is available at http://www.ameren.com/sites/aue/lakeoftheozarks/Pages/DockElectricalInstallations.aspx. Permit fees, which are based on size, start at $150.
Bowen cautioned that people buying used docks should know their property boundaries, know whether the dock will fit inside those boundaries and whether boats will have sufficient maneuverability to get in and out of slips before making the purchase.
“If people are looking at a specific dock on something like Craigslist, they can bring their property description and the dimensions of the dock into our office and we can make a determination if it will be able to be permitted,” Bowen said.
New docks of 10 slips or more require fish habitat had to be installed. Anchored cedars, brush piles or man-made structures must be weighted with something that won’t deteriorate more quickly than the structure decomposes and they must be at or below the 647 elevation so they don’t float into boat motors or drift with lake currents. No structures should be placed in areas that already support emergent or submergent vegetation during the growing season. Commercial dock owners are required to sign and return the compliance certification to the Corps of Engineers verifying that they installed the structure as required. However, underwater pictures are not required.
DREDGING
In limited circumstances, dredging will be allowed under docks and to provide access to an existing channel in a cove. The permit cost is $300 and one cedar tree must be anchored under docks for every 10 cubic yards of material removed.
ENFORCEMENT
Bowen said each summer the Shoreline Management team inspects the shoreline to find such things as non-conforming structures, derelict docks and navigation hazards.
“When a permit is requested, part of our commitment to the Corps of Engineers is that we will send out an inspector for each permit request,” she said, adding that Ameren currently employs five representatives that review and process applications, and up to three inspectors if needed. “When property owners don’t comply with regulations, our first course of action is to make the property owner aware of the violation. If there is no response, Ameren will give a deadline to get into compliance. Meanwhile, no new permits will be issued until the permits are up to date. In the case of multiple violations, a history of non-compliance, or degradation to environmental resources, we will pursue legal action. Remember, we answer to the Federal Energy Regulatory Commission through reports and requests, and we collaborate with the Corps, MDC and DNR. There are several agencies that require us to keep these protections in place.”
(The Lake of the Ozarks Business Journal provided this news story to LakeExpo.com for republication. For a hard copy, pick up The Lake of the Ozarks Business Journal at newsstands across the Lake area. The Lake of the Ozarks Business Journal is a respected monthly news magazine providing accurate, relevant news and information to area readers.)
