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HomeMy WebLinkAboutRes2009-005Sponsored by : Administration C[TY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD .. RESOLUTION 2009-0_5 A RESOLUTION SUPPORTING A COUNCIL RECOMMENDATION 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.l N R. 1 E, T. 1 N R. 1 W, T.2N R.1 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. NOW THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD: Section 1. Recommends 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 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 of Alaska policy on Navigability, on the website httpJ/dnr.alaska.gov/mlw/nav/nav_policy.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 ofnon-navigability on Spruce Creek. However, all of the creeks listed as Port and Commerce Advisory Board Resolution 2009-OS Page 2 of 2 navigable in the 2006 detet-mination 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 Pont and Commerce Advisory Board this 6`'' day of May, 2009. THE CITY OF SEWARD, ALASKA ~~ Ron Long, Chair AYES:Long, Butts, Tougas, Oliver, Shaetermeyer NOES: ABSENT: Altermatt ABSTAIN: VACANT: ATTEST: ~~ ~ Jean Lewis City Clerk, CMC ~ 1 ~ s (City Seal) ~ ~~ i ~ _ ~ S~~ -..-- tiF ~~,. ~.. ••,~IF ~F.A ~~~~•,