State of North Carolina
May 30, 2018
EXECUTIVE ORDER NO. 44
DECLARATION OF A STATE OF EMERGENCY BY THE GOVERNOR OF THE ST ATE OF NORTH CAROLINA
WHEREAS, the remnants of Subtropical Storm Alberto ("Albe110") brought sustained rains to western North Carolina beginning on May 27, 2018; and
WHEREAS, an earlier weather system had already saturated western No 11h Carolina with ten to twenty inches of rain since May 15, 2018; and
WHEREAS, there has been flooding, road closures, and landslides in many areas of western North Carolina as a result of the sustained rains from Alberto and the earlier weather system; and
WHEREAS, these recent weather events in western North Carolina collectively constitute a state of emergency as defined in N.C. Gen. Stat. I 66A-l 9.3(6) and I 66Al 9.3( 19); and
WHEREAS, certain measures are necessary to ensure the protection and safety of North Carolina residents and coordinate the emergency response among state and local entities and officials; and
WHEREAS, N.C. Gen. Stat. I 66A- I 9. IO and I 66A- I 9.20 authorize the Governor to declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies.
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED:
I hereby declare that a state of emergency, as defined in N.C. Gen. Stat.166A-19.3(6) and I 66A- I 9.3( 19), exists in the following North Carolina counties: Alexander, Alleghany, Ashe, Avery, Burke, Buncombe, Cabarrus, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Lincoln, Jackson, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rowan, Rutherford, Stanly, Swain, Transylvania, Union, Watauga, and Wilkes.
The emergency area, as defined in N.C. Gen. Stat.166A-19.3(7) and 166A-19.20(b), is comprised of the following North Carolina counties: Alexander, Alleghany, Ashe, Avery, Burke, Buncombe, Cabarrus, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Lincoln, Jackson, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rowan, Rutherford, Stanly, Swain, Transylvania, Union, Watauga, and Wilkes ("the Emergency Area").
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan ("the Plan").
I delegate to Erik A. Hooks, the Secretary of the North Carolina Department of Public Safety, or his desigriee, all power and authority granted to and required of me by Attic le I A of Chapter 166A of the North Carolina General Statutes for the purpose of implementing the Plan and deploying the State Emergency Response Team to take the appropriate actions necessary to promote and secure the safety and protection of the populace in North Carolina.
Further, Secretary Hooks, as Chief Coordinating Officer for the State of North Carolina, shall exercise the powers prescribed in N.C. Gen. Stat.143B-602.
I further direct Secretary Hooks or his designee to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
I hereby order that this declaration be: (I) distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (2) promptly filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State, and the superior court clerks in the counties to which it applies, unless the circumstances of the state of emergency would prevent or impede this; and (3) distributed to others as necessary to ensure proper implementation of this declaration.
This declaration does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcohqlic beverages as provided in N.C. Gen. Stat. I 66A-I 9.30(c).
Pursuant to N.C. Gen. Stat. I 66A-I 9.23, this declaration triggers the prohibition against excessive pricing as provided in N.C. Gen. Stat. 75-37 and 75-38 in the Emergency Area.
This declaration is effective immediately and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 30th day of May in the year of our Lord two thousand and eighteen.
Elaine F. Marshall
Secretary Of State