The temporary stay that prevented Martin Marietta Materials from moving forward with a 649-acre limestone mining operation in southern Beaufort County has been lifted. The next step is a summary judgment hearing, likely to be scheduled for January.

“It is, at this point, kind of waiting for the pace of the courts. It’s up to the judge to put it on the calendar and it’s up to both counselors to accommodate that,” said Heather Jacobs Deck, the Pamlico-Tar riverkeeper.

In September 2013, the Pamlico-Tar River Foundation, the Southern Environmental Law Center and the North Carolina Coastal Federation challenged the state’s July 2013 issuance of the NPDES (National Pollution Discharge Elimination System) permit that would allow the mining company to discharge as much as 12 million gallons per day of water into the headwaters of Blounts Creek. The challenge is based on the concern that a constant influx of fresh water used in the mining process into the brackish creek has the potential to change its pH and devastate Blounts Creek. Blounts Creek is designated by the state as a primary nursery area for many saltwater species.

“Our case is that DENR (Department of Environment and Natural Resources) has issued a permit that didn’t meet the requirements,” Deck said. “We felt like the law was on our side and therefore filed a case.”

Over a year later, the case is inching its way into the courts.

The 90-day stay was intended to give Martin Marietta counsel, acting on behalf of the DENR, and PTRF, SELC and NCCF representatives an opportunity to discuss the requirements of the NPDES permit and reach an agreement that would satisfy all parties.

“We had confidential discussion back and forth, looking at options from the other perspectives, and we weren’t able to reach any agreement,” said Geoff Gisler, an attorney with SELC. “The stay was 90 days, so we just decided to move forward.”

The summary judgment hearing will give both parties the chance to file motions before a judge, who will then decide whether the case moves forward in the courts.

“It could be dismissed or alternatively be ruled in our favor,” said Harrison Marks, executive director of PTRF.

If the case moves forward, an evidentiary hearing — in which testimony from expert witnesses, DENR, and witnesses from MMM and Blounts Creek residents could be heard.

The ultimate goal, Gisler said, is to have the NPDES permit withdrawn.

“From our perspective, (the goal) is for the court to remand the permit back to DWR (Division of Water Resources), to vacate the existing permit,” Gisler said. “Then if Martin Marietta applies again, to apply the law as written.”

While its been over a year since the legal challenge was filed, the desire of residents and the environmentally minded to protect the creek — the same desire that brought hundreds of people out to public hearings and a Blounts Creek boat rally over the past two years — has not waned, Deck said.

“You know, a holding period like this, there’s very little for people to do, but it terms of commitment in Chocowinity, and certainly the Blounts Creek community, it certainly has not died down,” Deck said.

Deck and Gisler said they don’t know if MMM officials plan to move forward with the mine before the case is heard.