EXECUTIVE ORDER E0
82-03
SUPERSEDING EO 82-02
ESTABLISHMENT OF BOUNDARIES,
ENTRY, AND
OCCUPANCY RULES,
AND THE ADMINISTRATION OF
RESTRICTED ZONES
SURROUNDING MT. ST. HELENS
WHEREAS, the potential for major eruptions, earthquakes, and ashfall Mt. St. Helens continues to exist
throughout large portions of the state,
threatening to cause more
destruction of life, health, and property; and
WHEREAS, most of the land within the eastern portion of the present
Mt. St. Helens restricted zones is administered by the U.S. Forest Service; and
WHEREAS, it is the intent of this order to
have each jurisdiction's rules and procedures complement others in order to
maximize the public safety; and
WHEREAS, in the opinion of scientific experts, allowing the public to
enter specific hazardous areas surrounding Mt. St. Helens would
unnecessarily imperil lives and property;
NOW, THEREFORE, I, John Spellman, Governor of the state
of Washington, by virtue of the power vested in me under the provisions of
chapter 43-06 RCW and chapter 38.52 RCW, do order that
no person or persons shall eater and/or occupy at any time the areas described
herein and designated herewith as the Blue and Red Zones, with the exception of:
(1) U.S.
Geological Survey personnel who are performing official duties related to
scientific evaluation and hazard assessments that require their presence in the
Blue or Red Zone;
(2) U.S. Forest
Service personnel in performance of their official duties that require entry
into the Blue or Red Zone;
(3) U.S. Army
Corps of Engineers personnel in performance of their official duties that
require their presence in the Blue or Red Zone;
(4) Search and
rescue personnel registered or identified pursuant to RCW 38-52.010(5)
on official search and rescue missions within the Blue or Red Zone. The sheriffs
of Lewis, Cowlitz and Skamania Counties or their designees
shall have the authority to approve entry and/or occupation by search and
rescue personnel;
(5) Federal,
state, county or local law enforcement and firefighting personnel whose
jurisdiction is within the Blue or Red Zone and who are on official business
within the Blue or Red Zone;
(6) Federal, state,
county or local administrative personnel on official business within the
Blue or Red Zone, specifically:
(a) The Director
of
the Washington State Department of Emergency Services (DES), or his designee(s), shall have the authority to approve entry
and/or occupation by state, county, and local administrative personnel on
official business; and
(b) Federal
administrative personnel other than U.S. Forest Service and the U.S. Geological
Survey shall be required to obtain and possess permits;
(7) As approved by the Director of DES, or his designee(s),
individual(s) who own and/or control real
property, or personal property being used as a residence, and whose official
permanent residence is within the Blue or Red Zone;
(8) As approved by the
Director of DES, or his designee(s), individual(s)
with a legitimate business reason for being within the Blue or Red Zone
Pursuant to RCW
38.52.050(3)(f), I hereby delegate to the Director of the
Department of Emergency Services or his designee(s) the
administrative authority vested in me by chapter 38-52 RCW.
Each individual
given permission to enter and/or occupy the Blue or Red Zone shall obtain a
special identification permit from the Washington
State Department of Licensing prior to entry into that zone. This entry permit
must be carried on his or her person at all times.
Prior to entry
and/or occupation of the Restricted Zone, each individual shall be required to
sign a "Waiver of Rights" form releasing and discharging the state of
Washington and all its political subdivisions, and their officers or agents or
employees, from all liability for any damages or losses incurred by the
individual while within the Restricted Zone or as a result of entering or
occupying that one. The "Waiver of Rights" form shall be
issued by the Washington State Department of Licensing.
All persons are
advised of potential criminal penalties for violation of this Order, pursuant
to RCW 43.06.220 and RCW 38-52-150.
RED ZONE
The “Red
Zone” is described as follows:
Beginning at the northwest
corner of Section 6, Township 8 North, Range 5 East; thence southeasterly to
the northeast corner of Section 19, T8N, R5E; thence southeasterly to the
northwest corner of Section 28, T8N, R5E;
thence east to the southwest corner of Section 24, T8N,
R5E; thence north to the southeast corner of Section 14, T8N, R5E; thence northeasterly to the northeast corner of Section
12, T8N, R5E;
thence northwesterly to the northwest corner of Section 35, T9N, R5E;
thence northeasterly along the divide separating the Lewis and Green
River drainage from the Toutle River drainage to Norway Pass
located in the north half (N-1/2) of Section 31, T10N, R6E;
thence northerly to Bear Pass in Section 30, T10N, R6E; thence westerly to the headwaters
of Coldwater Creek (Section 25, T10N, ME); thence westerly along the
south side of Coldwater Creek to the point where it crosses the Forest Service
boundary (Section 31, T10N, R5E);
thence north along the west boundary of the R5E
line to the northeast corner of Section 36, T10N, R4E;
thence west to the northeast cornet of Section 33, T10N, R4E; thence northwesterly to the
headwaters of the south fork of Hoffstadt Creek located in the south
half (S-1/2)
of Section 28, T10N, R4E; thence westerly along the north bank of this fork to
its intersection with Hoffstadt Creek (Section 24, T10N, R3E); thence continuing westerly along
the north bank of Hoffstadt Creek to the north
high-water line of the impoundment of the Corps of Engineers' debris retaining
structure (commonly known as the N-1 debris dam); thence westerly along, the north high-water line to
its intersection with the N-1 debris dam located in the north
half (N-1/2)
of Section 29, T10N, R3E;
thence south-westerly along the fill base of the northerly segment of
the N-1
debris dam to the point of intersection with the natural high ground;
thence southwesterly to the north end of the west fill base of the southerly
segment (main structure); thence southerly along said fill base to its
intersection with the base of the high ground; thence westerly along the base
of the hill to its intersection with the Weyerhaeuser 3001 Road; thence
southerly and easterly along the east edge of the Weyerhaeuser 3001 Road to the
intersection of Weyerhaeuser Roads 3001 and 3000 in the south half (S-1/2)
of Section 32, T10N, R3E; thence south and east along the north edge of
Weyerhaeuser Road 3000 continuing to the point where Weyerhaeuser Road 3000
intersects the Weyerhaeuser 3090 Road in Section 26, T9N,
R4E; thence southeasterly along the
north edge of the Weyerhaeuser 3090 Road to its end in the east half (E-1/2)
of Section 35, T9N,
R4E; thence east to the east line of
said Section 35; thence south along the section line to the southwest corner of
Section 36, T9N,
R4E; thence east to the northwest
corner of Section 6, T8N,
R5E and the point of beginning.
BLUE ZONE
The “Blue
Zone” is described as follows:
Beginning at the southwest corner of section 31t Township 11 North, Range 2 East, just north of Kid Valley, Cowlitz County; thence east to the northwest corner of Section S. TION, R2E; thence south along section lines to the southwest corner of Section 8, TION, R2E; thence west to the northwest corner of Section 18, TION, R22; thence south along the west boundary of R2E to T7N, R2E, Kaluma River Road (Wayerhaueser 6000 Line); thence easterly along said road to a point opposite the mouth of Arnold Creek; thence southeasterly along Arnold Creek to its Latersection with the south line of Section 32, T7N, R2E; thence east along the south boundary of T7N to the south one-fourth corner of Section 330 T7N, R4E; thence north to the north ooe-fourth corner of said Section 33; thence east to the southeast corner of Section 28, T7N, R4E; thence north to the east one-fourth corner of said Section 28; thence east to the east one-fourth corner of Section 27, T7N. R4E; thence north to the northeast corner of said Section 27; thence east along section lines to the Skamania/Cowlitz County line; thence south along the Skamania/Cowlitz Cotmty line to the high-water line of the north ahore of the Lewis River; thence northwesterly along said high-water line to the high-water line of Yale Reservoir; thence westerly along said high-water line to Cougar Creek; thence south to the southerly high-water line of Yale Reservoir; thence northeasterly along said high-water line to the south high-water line of the Lewis River; thence easterly along the high-water line of the Lewis River to Swift Reservoir Dam; then easterly along the south high-water line of Swift Reservoir to the center of Section 35, T7N, R6E; thence northeasterly through the southwest earner of Section 25, T7N, R6E to U.S. Forest Service Road N90; thence northeasterly along the north edge of said road N90 to its intersection with Quartz Creek in Section 18, TBN, R8E; thence northerly upstream along Quartz Greek to its intersection with Straight Creek; thence northerly along Straight Creek to its intersection with U.S. Forest Service Boundary Trail No. One (1) located in the southwest quarter of Section 17, T9K, RBE; thence southwesterly, northerly and westerly along said U.S. Forest Service Boundary Trail No. One (1) to its intersection with the east line of Section 32, TION, R70; thence north along section lines to U.S. Forest Service Road 119, located in Section 17, T11N, R7E; thence west along the south edge of said U.S. Forest Service Road 119 to its intersection with U.S. Forest Service Road 125, located in the west halt (W-1/2) of Section 19, T11N, R7E; thence southerly along the south edge of said U.S. Forest Service Road 125 to its intersection with U.S. Forest Service Road 115, located in the west half (W-1/2) of Section 24, T11N, R7E; thence northwesterly along the south edge of said U.S. Forest Service Road 115 to Its intersection with the north line of Section 23, T11N, R6E; thence west along the section lines to the northwest corner of Section 19, T11N, 15E, (Wakeawasis Creek area); thence north to the northeast corner of Section 13, T11N R4E; thence west along section lines to the northwest corner of Section 18, T11N, R3E; thence south to the northwest corner of Section 19, T11N, R3E; thence West along section lines to the northwest corner of Section 19, T11N, R2E; thence south along section lines to the southwest corner of Section 31, T11N, R2E and the point of beginning.
This Executive
Order shall supersede all prior Executive Orders pertaining to Mt. St. Helens
restrictive zones.
IN WITNESS
WHEREOF, I
have hereunto
set my hand and caused the seal of the State
of Washington to be affixed at Olympia
this 20th day of March A.D., Nineteen hundred and
eighty-two.
JOHN SPELLMAN
Governor of Washington
BY THE
GOVERNOR:
_________________________________
Acting Deputy, Secretary of State
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