HomeMy WebLinkAboutRes2009-012Sponsored by : Administralia~
CITY' OF SEVb'ARD, ALASKA
PLANNING AND 7.ONING ('OMMISSION
,r RESOLUTION 2009-12
A RESOLUTION SUPPORTING A COUNCIL RI+.COMMENDATION
THAT THE STATE OF ALASKA REVOKE ITS MARCH 20, 2006
NAVIGABILITY DE"TERMINATION AS TO SALMON CREEK, FOURTH
OF JULY CREEK AND SAWM[LL CREEK, ALL LOCATED IN THE
VICINITY OF SEWARD, ALASKA
WHEREAS, The State of Alaska I)epardnent of Natural Resources has changed
positions nn the issue of navigability on several occasions; and
WHH:REAS, The Seward Bear Creek Flood Service Area Board, the Kenai Peninsula
Borough and the City of Seward are working [o lessen impacts to flooding in the Seward area;
and
WHEREAS, The State oC Alaska Department of~ Natural Resources (DNR) charges a
royalty fee on all gravel materials removed from these areas; and
WHEREAS, 'Phis royalty fee makes hood control projects more expensive and cost
prohibitive; and
WHEREAS, The Bureau of Land Management recommends that all water bodies. with
"~ the exception of Bear lake, be considered administratively non-navigable in "I~.l N R. 1 E, T. 1N
R. 1 W, T.2N R.l W, T. I SR. 1 W, T. 1 S R.l I?; and
WHEREAS, Alaska DNR policy interprets the Daniel Ball test as requiring the water
body to be usable as a highway for the transportation of people or goods; and
WHEREAS, the Kenai Peninsula Borough Flood Plain "Task force voted unanimously
on April I, ?009 in support of the State of Alaska revoking the navigability determination ou
Salmon Creek, Fourth ofJuly Creek and Sawmill Creek.
NOY1' THEREFORE, BF, IT RESOLVED BY THE, PLANNING AND ZONING
COMMISSION that:
Section L Council support the State of Alaska's revoking its March 20. 2006 navigability
determination as to Salmon Creek, fourth of July Creek and Sawmill Creek, all located in the
vicinity of Seward. Alaska.
Section 2. That Salmon Creek, Fourth of .luly Creek and Sawmill Creek arc not
navigable, as defined by and in to the Daniel Bali test, best survey practices, and arc not subject
to the submerged land act, which, according to State of Alaska policy on Navigability, on the
website http:Udnr.alaska.gov/miw/navbav policy.htm, is the accepted and correct standard for
determining navigability.
Section 3. The March 20. 2006 Determination of Navigability relcrs to extreme
Planning and Zoning Commission
Resolution 2009-12
Page 2 of 2
gradients as conclusive evidence of non-navigability on Spruce Creek. However, all of the creeks
listed as navigable in the 2006 determination contain reaches of these same "exVeme° gradients
as expressed in percent slope derived from LI DAR dataset 2006 and pertinent cross sections.
Section 4. 'Ibis resolution shall take eflect immediately upon its adoption.
PASSED AND ANPROVED by the Planning and Zoning Commission this 19°i day
of Ma~~, 2009.
TIIU; CITY OF SGWARD, ALASKA
~ ~
C3~z--~~.~~, ~C~~c_C.~
Sandie Noach' Chair
AYES: Ecklund, I leinrich. McClure, Morgan, Roach', Stautter
NOES: None
ABSGN"I~: ISoi~c
A13S G1IN: None
VACANT: One
ATTEST:
tlCt~
~~ i~ ~ Ok ~~~ ~ •I
~.le~n Lewis ~;~~~~ .,. ~ ,'~~~`~ ~~'~~~
City Clerk, CIVIC ~ _ ~ ~"'; (City Seal)
~. : r
~ ~_,.:
'••qrF OF P~A.•°