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Sponsored by : Administration <br />CITY OF SEWARD, ALASKA <br />RESOLUTION 2009-062 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br />ALASKA REQUESTING THAT THE STATE OF ALASKA REVOKE ITS <br />MARCH 20, 2006 NAVIGABILITY DETERMINATION AS TO SALMON <br />CREEK, FOURTH OF JULY CREEK AND SAWMILL CREEK, ALL <br />LOCATED IN THE 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.1N R. lE, T. 1N <br />R. 1 W, T.2N R. l 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 on <br />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 and requested other legislative bodies do <br />the same; and <br />WHEREAS, the Seward Port and Commerce Advisory Board, the Seward Planning and <br />Zoning Commission and the Seward Bear Creek Flood Service Area Board have all voted <br />unanimously in support of this request. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF SEWARD, ALASKA, that: <br />Section 1. Council requests the State of Alaska revoking its March 20, 2006 navigability <br />determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek, all located in the <br />vicinity of Seward, Alaska. <br />Section Z. Sahmon Creek, Fourth of July Creek and Sawmill Creek are not navigable, as <br />defined by and in to the Daniel Ball test, best survey practices, and are not subject to the <br />submerged land act, which, according to State ofAlaska policy on Navigability, on the website <br />