EXECUTIVE ORDER EO 83-08
SUPERSEDING 82-11
ESTABLISHMENT OF BOUNDARIES,
ENTRY AND
OCCUPANCY RULES, AND THE
OF A
RESTRICTED ZONE SURROUNDING
MT. ST. HELENS
The
potential for major eruptions, earthquakes, and ashfall, and flash flooding associated with Mt. St. Helens continues to exist throughout large
portions of the state, threatening more destruction of life, health, and
property. These volcanic and flash flood hazards necessitate the establishment of restricted
areas surrounding Mt. St. Helens that can be implemented by order of the
Governor as the level of volcanic hazard increases or decreases.
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,
in order to help preserve and maintain the life, health, and property of
persons within the area described in the Proclamation of a State of Emergency
dated April 3, 1980, do take the following action:
I. Declaration of Volcanic Hazard Zone
1 as a Restricted Zone
Based
on currently available scientific evidence and opinions, the area identified
herein as Volcanic Hazard Zone 1 is declared a Restricted Zone. Entry into or
occupancy of the area designated as Volcanic Hazard Zone 1 by any person is
prohibited except as provided in Section II of this Order.
II. Limited Exceptions to Prohibition of
Entry or Occupancy
The
following categories of persons, under the conditions specified below, are
subject to limited exceptions to the prohibition against entry or occupancy in
the Restricted Zone:
(A) U.S. Geological Survey personnel who are
performing official duties related to scientific evaluation and hazard
assessments that require their presence in the Restricted Zone;
(B) U.S. Forest Service personnel who are
performing official duties that require entry into the Restricted Zone;
(C) U.S. Army Corps of Engineers personnel
who are performing official duties that require their presence in the
Restricted Zone;
(D) Search and rescue personnel registered or
identified pursuant to RCW 38.52.010(5) on official search and rescue missions
within the Restricted Zone. The sheriffs of Cowlitz and Skamania Counties or
their designees shall have the authority to approve entry and/or occupation by
search and rescue personnel;
(E) Federal, state, county, and local
law-enforcement and firefighting personnel whose jurisdictions are within the
Restricted Zone and who are on official business within the Restricted Zone;
(F) Federal, state, county, or local
administrative personnel on official business within the Restricted Zone;
(G) 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 Restricted Zone;
(H) Individual(s) with a legitimate business
reason for being within the Restricted Zone, as determined by the Director,
Department of Emergency Services, or his designee(s).
During
especially dangerous episodes of volcanic activity, these exceptions may be
further limited by the Director, Department of Emergency Services, or his
designee(s).
Those
persons excepted above shall abide by such administrative rules for entry and
occupancy as may have been developed by the Department of Emergency Services
and included in the Washington Administrative Code.
III. Administration
Pursuant
to RCW 38.52.050(3)(f), I hereby delegate to the Director, 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 Restricted Zone shall
obtain a special identification permit from the Washington State Department of
Licensing prior to entry into that zone. That 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 that individual while within the Restricted Zone or as a result of entering
or occupying that zone. 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.
IV. Description of Volcanic Hazard Zones
The
following zones are established for the purpose of identifying boundaries
within which restrictions by this Order are, or by subsequent orders may be,
implemented as volcanic hazards around Mt. St. Helens increase or decrease.
VOLCANIC HAZARD ZONE 1
The
Volcanic Hazard Zone 1 is described as follows:
Beginning at the southwest corner of Section 36, T9N, R4E; thence easterly to and along timberline (timberline described as having trees 20 feet or . taller) to the Fine Creek Mudflow In Section 24, T8N, R5E; thence northeasterly to the northeast corner of said Section 24, T8N, R5E; thence northeasterly to the northeast corner of Section 7, TSN. R6E; thence northwesterly to the northeast corner of Section 26, T9N, R5E; thence north along section line to the top of divide separating the Lewis and Green River Drainage from the Toutle River Drainage; thence northerly along said divide to Norway Paso 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, R5E); thence westerly along 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 corner 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 southwesterly along the west 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 easement (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 with the ridgeline on the north line of Section 21, T9N, R4E; thence southeasterly following the ridgeline to the west line of Section 36, T9N, R4E; thence Southerly to the southwest corner of Section 36D T9N, R4F, and the point of beginning.
VOLCANIC HAZARD ZONE 1A
The
Volcanic Hazard Zone 1A is described as follows:
Beginning at the southwest corner of Section 36, T9N, R4E; thence easterly to and along timberline (timberline described as having trees 20 feet or taller) to the Pine Creek mudflow in Section 24, T10N, R5E: thence north- easterly to the northeast corner of said Section 24, T8N, R5E; thence southerly along section lines to the intersection with Forest Development Road 8315; thence westerly along northern edge of FDR #8315 to the intersection with southwest corner of Section 25, T10N R5E; thence westerly along section lines to the intersection with FDR #81 in Section 29, T10N R5E; thence westerly along northern edge of FDR #81 to the intersection with Forest Service Trail #238; thence northwesterly along FST #238 to the intersection with FDR #8123 in Section 24, T10N, R4F,; thence northerly along the easterly edge of FDR #8123 to its intersection with PST #238; thence northerly along FST #238 to national forest boundary in northwest 1/4 of Section 1, T8N, R4E; thence northerly to northwest corner of Section 1, T10N R4E; thence easterly to southwest corner of Section 36, T9N, R4E, and the point of beginning.
VOLCANIC HAZARD ZONE 2
Volcanic
Hazard Zone 2 is described as follows:
Beginning on the southerly side of the Weyerhaeuser 2500 Road where it intersects the Gifford Pinchot National Forest Boundary on the east line of Section 36, T11N, R4E (Cowlitz/Skamania County lines); thence went along the southerly side of Weyerhaeuser Road 2500 to its intersection with north line of Section 14, R2E; thence westerly along the north line of Section 14 to the northwest corner; thence northwesterly to the northwest corner of Section 10, T10N, R2E; thence west along section lines to the northwest corner of Section 8 T10N, R2E; thence south along section lines to north edge of Weyerhaeuser 2410 Road (Section 17, T10N, R2E); thence southeasterly along the north edge of Weyerhaeuser 2410 Road to the intersection with the east edge of the Weyerhaeuser 2400 Road (Section 15, T10N R2E); thence southerly along the east edge of the Weyerhaeuser 2400 Road to where it becomes the Weyerhaeuser 4200 Road (Section 4, T9N, R2E); thence southwest along the east edge of the 4200 Road to its intersection with the northeast edge of the Weyerhaeuser 4600 Road (Section 7, T9N, R2F,); thence southerly along the northeast edge of the Weyerhaeuser 4600 Road to the Weyerhaeuser 4640 Road; thence across the Weyerhaeuser 4600 Road to the east edge of the Weyerhaeuser 4640 Road (Section 16, T9N, R2E); thence southerly along the cast edge of Weyerhaeuser 4640 Road to its intersection with the north edge of the Weyerhaeuser 4100 Road (Section 17, T9N, R2E); thence easterly along the north edge of the 4100 Road to a point opposite the east edge of the Weyerhaeuser 5500 Road (Section 29, T9N, R3E); thence south and east along the east edge of the Weyerhaeuser 5500 Road to its intersection with the south line of Section 14, T8N, R3E; thence east along section lines to the southeast corner of Section 13, T8N, R3F,; thence south along section lines to the intersection with FDR 8117060 (Section 30, T8N, R4E); thence easterly along the northerly aide of FDR 8117060 to its intersection with FDR 8117; thence across FDR 8117 to its easterly side; thence southerly along the easterly side of said FDR 8117 to its intersection with FDR 81 (Section 32, T8N, R4E); thence easterly along the northern edge of FDR 31 to its intersection with FDR 83 in Section 5, T7N, R5E; thence easterly along the northern edge of FDR 83 to its intersection with the south line of Section 9, T8N, R6E; then easterly along section lines to the southeast corner of Section 10, T8N, R6E; thence northerly along section lines to the northeast corner of Section 3, T8N, R6E; thence west to the southwest corner of Section 34, T9N, R6E; thence northerly along section lines to the southeast corner of Section 16, T10N, R6E; thence west along section lines to the intersection with the southern edge of the Green River with the south section line of Section 13, T10N, R5E; thence westerly along the southern edge-of the Green River to its intersection with the Forest Service Boundary on the east section line of Section 1, T10N, R49 (Cowlitz/Skamania County line); thence north along section lines to its intersection with the southern side of Weyerhaeuser 2500 Road and the point of beginning.
VOLCANIC HAZARD ZONE 3
The
Volcanic Hazard Zone 3 is described as follows:
The Volcanic Hazard Zone 3 is described as follows: Beginning at the southwest corner of Section 31, Township 11 North, Range 2 East, just north of Kid Valley, Cowlitz County; thence east to the northwest corner of Section 5, T10N, R2E; thence south along section lines to the southwest corner of Section 8, T10N, R2E; thence west to the northwest corner of Section 18, T10N, R8E;,thence south along the west boundary of R2E to T7N, R2E, Kalama River Road (Weyerhaeuser 6000 Line); thence easterly along said road to a point opposite the mouth of Arnold Creek; thence southeasterly along Arnold Creek to its intersection 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 33, T7N, R4E; thence north to the north one-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, R49; 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 County line to the high-water line of the north shore 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 corner of Section 25, T7N, R6E to Forest Service Development Road (FDR) N90; thence northeasterly along the north edge of said FDR N90 to its intersection with Quartz Creek in Section 18, T8N, R89; thence northerly upstream along Quartz Creek to its intersection with Straight Greek; thence northerly along Straight Creek to it's intersection with U.S. Forest Service Boundary Trail No. One (1) located in the southwest quarter of Section 17, T9N, R8E; thence south- westerly, northerly and westerly along said U.S. Forest Service Boundary Trail No. One (1) to its intersection with the east line of Section 32, T10N, R7E; thence north along section lines to FDP. 119, located in Section 17, T11N, R7E; thence west along the south edge of said FDP, 119 to its intersection with FDR 125, located in the west half (W-1/2) of Section 19, T11N, R7E; thence southerly along the south edge of said FDR 125 to its intersection with FDR 115, located in the west half (W-1/2) of Section 24, T11N, R7E; thence northwesterly along the south edge of said FDP 115 to its intersection with the north line of Section 23, T11N, R6F; thence went along the section lines to the northwest corner of Section 19, T11N, R5E, (Wakeawasis Greek 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.
V. Coordination with the U.S. Forest Service (National Volcanic Monument)
The state of Washington acknowledges the U.S. Forest Service authority under Federal statute to impose its own restrictions within the areas of the Mt. St. Helena National Volcanic Monument established by FL 97-243. The U.S. Forest Service may impose closures of U.S. Forest Service lands within the restricted areas described in Section IV without concurrent closure by the state of Washington.
Prior
Orders Superseded
This
Executive Order shall supersede all prior Executive Orders pertaining to Mt.
St. Helens restricted 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 14th day of June A.D., Nineteen hundred and
eighty-three.
JOHN SPELLMAN
Governor of Washington
BY THE
GOVERNOR:
_________________________________
Secretary of State
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