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 enter and/or occupy at any time the areas described herein and designated herewith as the Red Zone, with the exceptions 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 Red Zone;
(2) U.S. Forest Service personnel in performance of their official duties that require entry into the Red Zone;
(3) U.S. Army Corps of Engineers personnel in performance of their official duties that require their presence in the 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 Red 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 fire fighting personnel whose jurisdiction is within the Red Zone and who are on official business within the Red Zone;
(6) Federal, state, county or local administrative personnel on official business within the Red Zone, specifically:
- (a) The Director of the Washington State Department of Emergency Services (DES), or his designees), 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 designees), individuals) who own and/or control real property, or personal property being ,used as a residence, and whose official permanent residence is within the Red Zone;
(8) As approved by the Director of DES, or his designees), individuals) with a legitimate business reason for being within the Red Zone.
Pursuant to RCW 38.52.050(3)(f), I hereby delegate to the Director of the Department of Emergency Services or his designees the administrative authority vested in me by chapter 38.52 RCW.
Each individual given permission to enter and/or occupy the 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 Red 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 Red 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.
The "Red Zone" is described as follows: From the northwest corner of Section 6, Township 8 North, Range 5 East; go southeasterly to the northeast corner of Section 19, T8N, R5E; then southeasterly to the northwest corner of Section 28, T8N, R5E; then east,to the southwest corner of Section 24, T8N, R5E; then north to the southeast corner of Section 14, T8N, R5E; then northeasterly to the northeast corner of Section 12, T8N, R5E; then northwesterly to the northwest corner of Section 35, T9N, R5E; then northeasterly to the southeast corner of Section 6, T9N,_R6E; then northerly to Norway Pass (Section 31, TION, R6E); then northerly to Bear Pass (Section 30, T10N, R6E); then westerly to the headwaters of Coldwater Creek (Section 25, T10N, R5E); then westerly along the southside of Coldwater Creek to the point where it crosses the Forest Service boundary (Section 31, T10N, R5E); then north along the west boundary of the R5E line to the northeast corner of Section 36, T10N, R4E; then west to the northeast corner of Section 33, T10N, R4E; then northwesterly to the headwaters of a south fork of Hoffstadt Creek located in Section 28, T10N, R4E; then west along the north bank of this fork to its intersection wit Hoffstadt Creek (Section 24, T10N, R3E); then continue west along the north bank of Hoffstadt Creek to its intersection with the Corps of Engineers' debris retaining structure (commonly known as the N-1 debris dam) located in the northeast corner of Section 25, T10N, R2E; then south along the west edge of the N-1 retaining structure (placing the entire structure in the Red Zone) to the intersection with Weyerhaeuser Company Roads 2700 and 2701, located at a point south of the south end of the retaining structure, in Section 25, T10N, R2E; then east along the north edge of Weyerhaeuser Road 2701 to the intersection of Weyerhaeuser Roads 2701 and 3000 in Section 32, T10N, R3E; then south and east along the north edge of Weyerhaeuser Road 3000 continuing to the point where Weyerhaeuser Road 3000 crosses a section line between Sections 35 and 36, T9N, R4E; then south along the section line to the southwest corner of Section 36, T9N, R4E; then east to the northwest corner of Section 6, T8N, R5E (starting point).
This Executive Order shall supersede all prior Executive Orders pertaining to Mt. St. Helens restrictive zones, and becomes effective at 12:01 a.m., February 7, 1982.