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