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
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(City Seal) ~ ~~ i ~
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