
    HOLLY RIDGE ASSOCIATES, LLC, Petitioner, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND ITS DIVISION OF LAND RESOURCES; William P. Holman, in his official capacity; and Charles H. Gardner, in his official capacity, Respondents, and North Carolina Shellfish Growers Association and North Carolina Coastal Federation, Intervenor-Respondents.
    No. 218A06.
    Supreme Court of North Carolina.
    November 16, 2006.
    Alexander Elkan, George W. House, S. Kyle Woosley, Greensboro, for Holly Ridge Associates, LLC.
    James Gulick, Senior Deputy Attorney General, Nancy Reed Dunn, Assistant Attorney General, for NCDENR, et al.
    Derb S. Carter, Jr., Chapel Hill, Amy Pickle, for NC Shellfish Growers Asso., et al.
    Prior report: N.C.App. ___, 627 S.E.2d 326.
    ORDER
   Upon consideration of the petition filed on the 25th day of April 2006 by Petitioner in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 16th day of November 2006."

Upon consideration of the petition for discretionary review, filed by Petitioner on the 25th day of April 2006 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Denied by order of the Court in conference, this the 16th day of November 2006."

Accordingly, only those issues which are the basis of the dissenting opinion in the Court of Appeals shall be presented to this Court in briefs. The Petitioner's new brief so limited in scope shall be filed with this Court not more that 30 days from the date of certification of this order.

Petitioner shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.  