The case that spawned a lawsuit against the state over the fate of Blounts Creek will make its way into court Tuesday for a hearing that will determine the case’s merit.

In September of 2013, the Pamlico-Tar River Foundation, North Carolina Coastal Federation and the Southern Environmental Law Center filed suit against the North Carolina Department of Environment and Natural Resources, in an attempt to stop a limestone mining company from dumping millions of gallons of fresh water used in the mining operations into the brackish headwaters of Blounts Creek — the result of which could be the destruction of an environment designated by the state as a nursery for saltwater species.

“This first proceeding is to hear requests for summary judgment from both sides, and will not deal with issues that require live testimony from witnesses,” Pamlico-Tar Riverkeeper Heather Jacobs Deck wrote in a press release.

The case will be heard by newly appointed Judge Phil Berger Jr., former Rockingham County District Attorney and son of Republican N.C. Senate leader Phil Berger. Berger will hear from both parties: attorneys for DENR and Martin Marietta Materials, Inc., the company that plans to construct the 649-acre pit mine in Vanceboro, as well as from the SELC. According to Deck, the hearing is a first step in the process, and will likely result in another court date, where witness testimony will be heard — that is, unless Berger decides in favor of one side on Tuesday.

Over the past two years, a core group of residents and business owners of Blounts Creek, and environment friendly locals have been passionate about defending the creek against potential harm lobbying officials to step in to find a better way to discharge water used in the mining process. The concern is that so much fresh water will change the pH of the creek, making conditions intolerable for many species, leading to a breakdown in the ecosystem.

In 2013, a study by consultants for Martin Marietta found that a pH change would be minimal and would promote certain species.

While Tuesday’s hearing will not include testimony, that’s not stopping local stakeholders from showing up in Raleigh. In fact, a crowd is planning to attend, according Bob Boulden, owner of Miss Bea Charters and a resident of Blounts Creek.

“If more than anything else, (attending is) to let the state realize that we’ve not given up. It’s a solidarity thing. In a perfect world, it should not influence the judge, but if we have enough people show up, it’ll show that we’re not going to walk away,” Boulden said.

Boulden said he’s heard from enough people in Raleigh, in Greenville and locally, that he believes the small courtroom will be filled to capacity.

“In my mind, if I could get 40 people in that courtroom, I’d love to do it,” Boulden said.

Deck said if the case progresses, the next hearing will likely be held in March.