vehicle for accomplishing this goal a sedimentation control statute. Rather, the clear intent and purpose of N.C. Gen. Stat. § 113A-57(1) is to control sedimentation pollution in the waters of this State, and particularly in trout streams. Further, the issue of whether N.C. Gen. Stat. § 113A-57(1) prevented activities “on, over, or under” a trout stream was abandoned by petitioners before the trial court. This ruling by the trial court was not assigned as error to this Court, and is thus not before this Court. N.C.R. App. P. 10(a) (“[T]he scope of review on appeal is confined to a consideration of those assignments of error set out in the record on appeal . . . .”); Atlantic Coast Mech., Inc. v. Arcadis, Geraghty & Miller ofN.C., Inc., 175 N.C. App. 339, 346, 623 S.E.2d 334, 340 (2006) (<HOLDING>). The second assumption made by the majority is
holding that because the appellant did not present a question before a hearing examiner or district council the question was not properly before this court holding that the putative noteholder lacked standing to foreclose because mers lacked authority to assign the note though it arguably had authority to assign the mortgage holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it holding that because plaintiff failed to assign error to the dismissal of one its claims that issue was not properly before this court holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court