EXECUTIVE ORDER EO 82-11

SUPERSEDING EO 82-04

 

ESTABLISHMENT OF BOUNDARIES, ENTRY AND

OCCUPANCY RULES, AND THE ADMINISTRATION OF A

RESTRICTED ZONE SURROUNDING MT. ST. HELENS

 

The potential for major eruptions, earthquakes, and ashfall from Mt. St. Helens continues to exist throughout large portions of the state, threatening more destruction of life, health, and property. This volcanic hazard necessitates 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 I 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 11 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 west along section line to the northwest corner of Section 1, T8N, R4E; thence south along the west line of said Section I to its intersection with the north edge of Forest Service Trail 238; thence southerly along the east edge of said Forest Service Trail 238 to its intersection with north edge of Forest Service Development Road (FDR) 8123; thence southerly along said north edge of FDR 8123 to its intersection with the east edge of Forest Service Trail 238 (Section 24, T8N, R4E); thence southeasterly along the east edge of said Forest Service Trail 238 to its intersection with north edge of FDR 81 (Section 30, T8N, R5E); thence easterly along said FDR 81 to its intersection with the south line of Section 29, T8N, R5E; thence east along section lines to the intersection with the northerly edge of FDR 8315 (Section 25, T8N, R5E); thence easterly along the north edge of said FDR 8315 to the intersection with the east line of said Section 25, T8N, R5E; thence north along section lines to the northeast corner of Section 24, T8N, R5E; thence northeasterly to the northeast corner of Section 7, T8N, 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 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, R5E); thence westerly along Coldwater Creek to the point where it crosses the Forest Service boundary (Section 31, T10N, RSE); 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 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 and the point of beginning.

 

VOLCANIC HAZARD ZONE 2

 

Volcanic Hazard Zone 2 is described as follows:

 

Beginning at the Gifford Pinchot National Forest boundary at the southeast corner of Section 13, Township 7 North, Range 6 East, Willamette Meridian; thence northerly along the westerly side of Forest Service Development Road (FDR) 9059 to its intersection with FDR 93 (Section 7, T7N, R7E); thence northerly along the westerly side of FDR 93 to its intersection with FDR 25 (Section 1, T7N, R60; thence across to the west side of FDR 25; thence northerly along the westerly side of FDR 25 to the point where Forest Service Trail (FST) No. I (Boundary Trail) intersects the west side of said FDR 25 (Section 6, T9N, R7E); thence northwesterly along the southerly side of FST 1 to its intersection with FST 220 (Strawberry Mountain Trail, Section 27, T10N, R6E); thence across FST 220 to its westerly side; thence northwesterly along the westerly side of FST 220 to FDR 26 (Ryan Lake Road); thence across FDR 26 to its westerly side (Section 16, T10N, R6E); thence northerly along the westerly side of FDR 26 to its intersection with FDR 2612 (Section 16, T10N, R6E); thence westerly along the southerly side of FDR 2612 to the point opposite where FST 217 (Goat Mountain Trail) intersects FDR 2612; thence across FDR 2612 to the westerly side of FST 217; thence northwesterly along the westerly side of FST 217 to its intersection with FST 217C (Section 27, T11N, R5E); thence southwesterly along the southerly side of FST 217 to its intersection with FST 213 (Section 32, T11N, R5E); thence across FST 213 to its southerly side; thence southwesterly along the southerly side of FST 213 to its terminus at the Weyerhaeuser 2500 Road (Section 31, T11N, R5E); thence across the 2500 Road to its southerly side; thence westerly along the southerly side of the 2500 Road to the Gifford Pinchot National Forest boundary (Cowlitz/Skamania County lines, Section 1, T10N, R4E); thence west along the southerly side of Weyerhaeuser Road 2500 to its intersection with north line of Section 14, T10N, 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, R2E); 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 east 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, R3E; thence south along section lines to the intersection with FDR 8117060 (Section 30, T8N, R4E); thence easterly along the northerly side 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, ME); thence across FDR 81 to its southerly side; thence easterly along FDR 81's southerly side to its intersection with the Forest boundary (East line, Section 5, T7N, R5E); thence north and easterly along the Forest boundary to the southwest corner Section 17, T7N, R6E; thence east along section lines to the southeast corner of Section 13, T7N, ME, and the point of beginning.

 

VOLCANIC HAZARD ZONE 3

 

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, R2E; 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, 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 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 highwater 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, R8E; thence northerly upstream along Quartz Creek 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, T9N, R8E; 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, T10N, R7E; thence north along section lines to FDR 119, located in Section 17, T11N, R7E; thence west along the south edge of said FDR 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, THN, R7E; thence northwesterly along the south edge of said FDR 115 to its intersection with the north line of Section 23, THN, R6E; thence west along the section lines to the northwest corner of Section 19, T11N, R5E, (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.

 

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 12th day of May A.D., Nineteen hundred and eighty-two.

 

 

JOHN SPELLMAN

Governor of Washington

 

 

 

BY THE GOVERNOR:

 

 

_________________________________

Assistant Secretary of State


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