Environmental organizations have filed an appeal to the earlier court ruling that would allow Martin Marietta Mining, Inc., to discharge millions of gallons of freshwater into the headwaters of Blounts Creek.

The appeal was filed in Beaufort County Superior Court within the 30-day window given to file.

Last month, Administrative Judge Phil Berger Jr. ruled against Sound Rivers (formerly Pamlico-Tar River Foundation) and North Carolina Coastal Federation in the organizations’ bid to prevent the mining company from discharging fresh water into the brackish tributaries of Blounts Creek, a plan they argue would jeopardize the health of the creek and the species it harbors. Berger ruled that the  National Pollution Discharge Elimination System (NPDES) issued by the North Carolina Department of Environment and Natural Resources was lawful and questioned Sound Rivers’ (PTRF)  and NCCF’s legal standing as representatives for anyone potentially affected by any damage to the creek and its inhabitants caused by the freshwater influx.

Sound Rivers’ (PTRF) stated mission is to protect the river and its watershed through education, advocacy for enforcement of existing laws, development of new legislation and monitoring and evaluating the health of the river.

“The earlier court’s ruling disregarded well-established state and federal laws that allow citizens who live downstream to protect our creeks and rivers when DENR and state government fail to do so,” Geoff Gisler, senior attorney at the Southern Environmental Law Center, wrote in a press release. “The scope of the earlier court decision would eliminate citizens’ right to enforce laws that protect favorite fishing and swimming holes as well as the water we drink.”

The headwaters are classified by the state as swamp/nutrient-sensitive waters, its ecosystem designated as a nursery for saltwater species. While a DENR report said some organisms might “be outcompeted by invertebrates more adapted” to the higher pH caused by the freshwater discharge, it would remain in “a tolerable pH range for many freshwater fish species commonly found throughout coastal plain fish communities” downstream from the discharge area. However, under current federal and state law, North Carolina cannot authorize discharges that will violate water quality standards by changing the natural mix of species in a body of water or by destroying protected swamp waters, according to a SELC press release.

“Our members have fished, boated, paddled and enjoyed Blounts Creek for decades,” said Heather Deck, Pamlico-Tar Riverkeeper. “We’re appealing this decision to protect those long-standing interests and to keep Blounts Creek healthy and natural.”