EXECUTIVE ORDER E0
82-04
SUPERSEDING EO 82-03
ESTABLISHMENT OF BOUNDARIES,
ENTRY, AND
OCCUPANCY RULES,
AND THE ADMINISTRATION OF A
RESTRICTIVE ZONE
SURROUNDING MT. ST. HELENS
WHEREAS, the potential for major eruptions, earthquakes, and ashfall
from 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 Restricted Zone, 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
Restricted Zone;
(2) U.S. Forest
Service personnel in performance of their official duties that require entry
into the Restricted Zone;
(3) U.S. Army
Corps of Engineers personnel in performance of their official duties that
require their presence in the Restricted Zone;
(4) 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;
(5) Federal,
state, county or local law enforcement and firefighting personnel whose
jurisdiction is within the Restricted Zone and who are on official business
within the Restricted Zone;
(6) Federal, state,
county or local administrative personnel on official business within the
Restricted 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 Restricted Zone;
(8) As approved by the
Director of DES, or his designee(s), individual(s)
with a legitimate business reason for being within the Restricted 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 Restricted 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.
RESTRICTED ZONE
The “Restricted
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, T1CN, 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, TUN, 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.
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 26th 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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