698 S.E.2d 201 (2010)
WATTS
No. COA09-1499.
WATTS
v.
NORTH CAROLINA DEPT. OF ENVIRONMENTAL AND NATURAL RESOURCES.
No. COA09-1499.
Court of Appeals of North Carolina.
Filed July 20, 2010. Certification Date August 9, 2010.Case Reported Without Published Opinion Affirmed in Part, Reversed in Part and Remanded.