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The Planning Commission on Thursday told Ball Homes, which has a history of building on federally protected wetlands, work can't proceed on portions of a residential development in southeast Lexington until it can prove it has the proper state and federal permits.
A representative of Ball came to the commission Thursday seeking re-approval of development plans for four tracts in the Chilesburg subdivision along Hays Boulevard.
Ball was told that on two tracts, no work could proceed until the developer receives a permit from the U.S. Army Corps of Engineers to work near federally protected waterways.
At that point in Thursday's meeting, John Tucker, a farmer who owns land adjoining the Ball development, sprung the news that Ball's water-quality permit from the Kentucky Division of Water had expired.
Tucker said he didn't know the expiration date. "It's up to the engineering department to stay on top of the issue," he said.
City engineer Hillard Newman said he was not aware that the certificate had expired, because the city is not notified.
The water-quality certificate is similar to the one issued by the corps in that it addresses water quality and the impact of development on streams, Newman said.
He said the state water certificate covers the whole farm. Upon hearing that, the commission -- on a unanimous vote -- told Ball Homes that now all four tracts must have both state water quality and corps permits before work could proceed, or that Ball must show why the permits are not needed.
News of expiration of the water quality permit raised a new question. If the permit covers the entire 450-acre Gess farm, and the developer cannot work without all necessary permits, does that mean all work on the huge development must stop? After the meeting, Tom Martin, senior planner for the city, said that was unclear.
What is clear, according to Martin, is that the Planning Commission is paying closer attention to Ball Homes after it was discovered last year that the developer had been building on federally protected wetlands on the Gess farm.
