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CITY OF SEWARD, ALASKA
RESOLUTION 2009-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA REQUESTING THAT THE STATE OF ALASKA REVOKE 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
WHEREAS, the State of Alaska Department of Natural Resources has changed
positions on the issue of navigability on several occasions; and
WHEREAS, the Seward Bear Creek Flood Service Area, the Kenai Peninsula Borough
and the City of Seward are working to lessen impacts to flooding in the Seward area; and
WHEREAS, the State of Alaska Department of Natural Resources (DNR) charges a
royalty fee on all gravel materials removed from these areas; and
WHEREAS, this royalty fee makes flood 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 T.1N R. lE, T. 1N
R. 1 W, T.2N R. l W, T.1 SR. 1 W, T. 1 S R. l E; 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 1, 2009 in support of the State of Alaska revoking the navigability determination on
Salmon Creek, Fourth of July Creek and Sawmill Creek and requested other legislative bodies do
the same; and
WHEREAS, the Seward Port and Commerce Advisory Board, the Seward Planning and
Zoning Commission and the Seward Bear Creek Flood Service Area Board have all voted
unanimously in support of this request.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. Council requests the State of Alaska 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 Z. Sahmon Creek, Fourth of July Creek and Sawmill Creek are not navigable, as
defined by and in to the Daniel Ball test, best survey practices, and are not subject to the
submerged land act, which, according to State ofAlaska policy on Navigability, on the website
CITY OF SEWARD, ALASKA
RESOLUTION 2009-062
http://dnr.alaska.gov/mlw/nav/nav~olicy.htm, is the accepted and correct standard for
determining navigability.
Section 3. The March 20, 2006 Determination of Navigability refers to extreme 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 "extreme" gradients as
expressed in percent slope derived from LIDAR dataset 2006 and pertinent cross sections.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, this 13th day of
July, 2009.
THE CITY OF SEWARD, ALASKA
C/` ~ ~ i~ r
Clark Corbridge, Mayor
AYES: Dunham, Bardarson, Kellar, Keil, Corbridge
NOES: None
ABSENT: Smith
ABSTAIN: Valdatta
ATTEST:
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Jean Lewis ey~4t,axaas,;,
City Clerk, CMC +
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Council Agenda Statement
Meeting Date: July 13, 2009
To: Mayor and Council
From: Community Development Director Christy Terry
Through: City Manager Phillip Oates
Agenda Item: Requesting that the State of Alaska Revoke its
March 20, 2006 Navigability Determination as to
Salmon Creek, Fourth of July Creek and Sawmill
Creek, Allocated in the Vicinity of Seward, Alaska
BACKGROUND & JUSTIFICATION•
The Kenai Peninsula Borough Flood Plain Task Force was formed by the Borough Assembly
on January 20, 2009 to examine possible solutions regarding flood plain issues for the Seward-Bear
Creek Flood Service Area. The Task Force has made recommendations to address important flood
mitigation items and has requested legislative support from the local boards, commissions, the
Seward City Council and the Kenai Peninsula Borough Assembly.
The State of Alaska Department of Natural Resources has changed positions on the issue of
navigability on several occasions. The Seward Bear Creek Flood Service Area Board, the Kenai
Peninsula Borough and the City of Seward are working to lessen impacts to flooding in the Seward
area. Additionally, the State of Alaska Department of lvatural Resources (DNR) charges a royalty
fee on all gravel materials removed from these areas which makes flood control projects more
expensive and cost prohibitive. If approved, this resolution will be sent to Natural Resource Manager
Scott Ogan in support of the letter sent by Borough Mayor David Carey on April 7, 2009.
Currently, the Bureau of Land Management recommends that all water bodies, with the
exception of Bear Lake, be considered administratively non-navigable in T.1 N R. 1 E, T. 1 N R. 1 W,
T.2N R.1 W, T. l SR. 1 W, T. 1 S R. l E. Also, 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. There
are three creeks in our area that have been recently reclassified as navigable that should be taken off
the list.
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward
City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures. Other:
FISCAL NOTE: N/A Approved by Finance Department:
RECOMMENDATION:
Approve Resolution 2009-062 Requesting that the State of Alaska Revoke Its march 20, 2006
Navigability Determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek.
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