EXECUTIVE ORDER E0 81-11

AMENDING EO 81-09

 

ESTABLISHMENT OF BOUNDARIES, ENTRY, AND
OCCUPANCY RULES, AND THE ADMINISTRATION OF A
RESTRICTIVE ZONES 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. 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 Revised Code of Washington 43.06 and 38.52, 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 and Blue 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) 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;

(4) Federal, state, county or local law enforcement and fire fighting personnel whose jurisdiction is within the Blue or Red Zone and who are on official business within the Blue or Red Zone;

(5) Federal, state, county or local administrative personnel on official business within the Blue or Red Zone: specifically,

(a) The Washington State Director 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;
(6) As approved by the Director, 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;

(7) As approved by the Director, 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 Washington State Director of Emergency Services or his designees the administrative authority vested in me by RCW 38.52.

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 Blue or 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 Blue or 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.

RED ZONE
The "Red Zone" is described as follows:

From the southwest corner of section 6, township 10 north, range 5 east, go south southwest to the southwest corner of section 13, township 10 north, range 4 east; then southwest to the center of section 27, township 10 north, range 4 east; then west southwest along ridge to Elk Rock lookout; then southwest to the northwest corner of section 7, township 9 north, range 4 east; then south to the southwest corner of section 19, township 7 north, range 4 east; then east to the northeast corner of section 25, township 7 north, range 4 east; then south along Cowlitz/Skamania county line to Weyerhauser road 8000, northwest corner of section 31, township 7 north, range 5 east; then easterly along Lewis River to south end of Swift Reservoir Dam; then easterly along south high water line of entire length of Swift Reservoir and north to the east end of N90 bridge; then west across Lewis River (N90) to U.S. Forest Service Boundary; follow U.S. Forest Service Boundary north then east to the southwest corner of section 18, township 7 north, range 7 east, (N836); then northerly along N836 to its intersection with N920; then easterly on N920 approximately 3/4 mile, to northwest one-quarter of section 8, township 7 north, range 7 east; then northeast to Spencer Butte, southeast corner of section 21, township 8 north, range 7 east; then north to southeast corner of section 33, township 9 north, range 7 east; then north northwest to southwest corner of section 28, township 9 north, range 7 east; then north northeast to the center of section 21, township 9 north, range 7 east; then north northwest to the southwest corner of section 8, township 9 north, range 7 east; then north to southwest corner of section 5, township 9 north, range 7 east; then northwest to Strawberry Mountain lookout, section 22, township 10 north, range 6 east; then northwest to east rim of Goat Mountain, section 8, township 10 north, range 6 east; then west and north along Goat Mountain Ridge Trail to southwest one-quarter of section 1, township 10 north, range 5 east; then west to Minnie Lee Mine; then northwest to the center of section 3, township 10 north, range 5 east; then southwest to the southwest corner of section 3,1 township 10 north, range 5 east; then west to the southwest corner of section 6, township 10 north, range 5 east (starting point).

BLUE ZONE
The "Blue Zone" is described as follows: From the intersection of township 11 north, range 2 east (southwest corner of section 31) just north of Kid Valley, Cowlitz county go east to the northwest corner of section 5, township 10 north, range 2 east; then south along section line to southwest corner of section 8, township 10 north, range 2 east; then west to west boundary of range 2 east; then south along west boundary of range 2 east to township 7 north, range 2 east, Kalama River road (Weyerhauser 6000 Line); follow road east southeast to Arnold Creek Junction; then southeast along Arnold Creek to south end of section 32, township 7 north, range 2 east; then east along south boundary of township 7 north to the south one-fourth corner of section 33, township 7 north, range 4 east; then north to the north one-fourth corner of section 33; then east to the southeast section corner of section 28, township 7 north, range 4 east; then north to the west one-fourth corner of section 27; then east to the east one- fourth corner of section 27; then north to the northeast corner on the east section line of section 27; then east to the Skamania/ Cowlitz county line; then south along 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 south high water line of Swift Reservoir to the center of section 35, township 7 north, range 6 east; then northeast to N90, southwest corner of section 25, township 7 north, range 6 east; then easterly northeast along the south side of road N90 to its intersection with Forest Service road N836; then north across N90; then northeast, north along the north side of N90 to N863; then easterly along the north side of road N90 to Quartz Creek (section 18, township 8 north, range 8 east); then northeasterly (upstream) along Quartz Creek to its confluence with Straight Creek (section 8, township 8 north, range 8 east); then northerly (upstream) along Straight Creek to Xinor Tributary's confluence (northwest 1/4, section 20, township 9 north, range 8 east); then northwesterly (upstream) along the Tributary to Forest Service Trail 3; then northerly along trail 3 to boundary trail 1; then westerly along boundary trail to the south- west corner section 33, township 10 north, range 7 east; then north along the section line to Forest Service road 119; then westerly along road 119 to Forest Service road 125 intersection; then southerly along road 125 to its intersection with Forest Service road 115; then along road 115 to the northeast corner section 23, township 11 north, range 6 east; then westerly to the northwest corner section 19, township 11 north, range 5 east, Wakeawasis Creek area; then north to northeast corner of section 13, township 11 north, range 4 east; then west to the northwest corner of section 18, township 11 north, range 3 east; then south to the northwest corner of section 19, township 11 north, range 3 east; then west to the northwest corner of section 19, township 11 north, range 2 east; then south to the intersection of township 11 north, range 2 east, just north of Kid Valley (starting point). This Executive Order shall supersede all prior Executive Orders pertaining to Mt. St. Helens.

 

IN WITNESS WHEREOF, I have hereunto

set my hand and caused the seal of the State

of Washington to be affixed at Olympia

this 4th day of May A.D., Nineteen hundred and eighty-one.

 

 

JOHN SPELLMAN

Governor of Washington

 

 

 

BY THE GOVERNOR:

 

 

_________________________________

Secretary of State

 


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