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Sponsored by : Administration <br />C[TY OF SEWARD, ALASKA <br />PORT AND COMMERCE ADVISORY BOARD <br />.. RESOLUTION 2009-0_5 <br />A RESOLUTION SUPPORTING A COUNCIL RECOMMENDATION <br />THAT THE STATE OF ALASKA REVOKE ITS MARCH 20, 2006 <br />NAVIGABILITY DETERMINATION AS TO SALMON CREEK, FOURTH <br />OF JULY CREEK AND SAWMILL CREEK, ALL LOCATED IN THE <br />VICINITY OF SEWARD, ALASKA <br />WHEREAS, the State of Alaska Department of Natural Resources has changed <br />positions on the issue of navigability on several occasions; and <br />WHEREAS, the Seward Bear Creek Flood service area, the Kenai Peninsula Borough <br />and the City of Seward are working to lessen impacts to flooding in the Seward area; and <br />WHEREAS, the State of Alaska Department of Natural Resources (DNR) charges a <br />royalty fee on all gravel materials removed from these areas; and <br />WHEREAS, this royalty fee makes flood control projects more expensive and cost <br />prohibitive; and <br />WHEREAS, the Bureau of Land Management recommends that all water bodies, with <br />-- the exception of Bear Lake, be considered administratively non-navigable in T.l N R. 1 E, T. 1 N <br />R. 1 W, T.2N R.1 W, T.1 SR. 1 W, T. 1 S R.l E; and <br />WHEREAS, Alaska DNR policy interprets the Daniel Ball test as requiring the water <br />body to be usable as a highway for the transportation of people or goods; and <br />WHEREAS, the Kenai Peninsula Borough Flood Plain Task Force voted unanimously <br />on April 1, 2009 in support of the State of Alaska revoking the navigability determination on <br />Salmon Creek, Fourth of July Creek and Sawmill Creek. <br />NOW THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE <br />ADVISORY BOARD: <br />Section 1. Recommends Council support the State of Alaska's revoking its March 20, <br />2006 navigability determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek, <br />all located in the vicinity of Seward, Alaska. <br />Section 2. That Salmon Creek, Fourth of July Creek and Sawmill Creek are not <br />navigable, as defined by and in to the Daniel Ball test, best survey practices, and are not subject <br />to the submerged land act, which, according to State of Alaska policy on Navigability, on the <br />website httpJ/dnr.alaska.gov/mlw/nav/nav_policy.htm, is the accepted and correct standard for <br />determining navigability. <br />«.~ <br />Section 3. The March 20, 2006 Determination of Navigability refers to extreme <br />gradients as conclusive evidence ofnon-navigability on Spruce Creek. However, all of the creeks <br />