Contractor for new Tates Creek High School in trouble with Lexington. Here’s why. 

The contractor for the new Tates Creek High School in Lexington has repeatedly violated environmental rules on the project, according to city records.

The city’s water quality officials have sent the complaints against D.W. Wilburn to the environmental enforcement department after inspectors found debris and runoff from the site in a nearby creek.

In late December, city inspectors found mud and other debris on the road leading to the construction site, resulting in a notice of violation, according to violation records. On Jan. 6, city inspectors returned after getting complaints from residents on Coldstream Court, which is adjacent to the site, that debris from the construction of the new high school was muddying a small creek that borders the new high school.

The inspector found a silt fence and a check dam — designed to stop runoff — at the site had failed, allowing discharge from construction to enter the stream.

A second notice of violation was issued on Jan. 6.

On Jan. 7, D.W. Wilburn officials called the city and said they were working to fix problems at the site that caused the discharge, according to documents the city provided to the Lexington Herald-Leader.

But problems at the site continued.

During a follow-up inspection on Jan. 20, inspectors found the silt fence and check dam had been fixed. Yet, the creek was still muddy from debris. A PVC pipe buried under the check dam was discharging slurry from a boring operation into the creek, the notice of violation said.

On Jan. 21, the issues with D.W. Wilburn were turned over to the city’s Department of Environmental Services for enforcement, which can include citations and fines.

Demetria Mehlhorn, of the Department of Environmental Services, said a case for D.W. Wilburn has been opened. The enforcement officer who visited the site was told by D.W. Wilburn staff that the issues in the notice of violations were being corrected.

The case remains open.

Officials with D.W. Wilburn did not return emails seeking comment.

The construction of the new Tates Creek High School in the Centre Parkway area has generated some controversy. Neighbors complained communication between the Fayette County School District and the surrounding neighborhoods has been poor. Tree clearing on the proposed site near the creek in March also raised a lot of eyebrows, questions and concerns about stormwater runoff.

The $88 million new high school is being built on the same property as the old Tates Creek High School and is expected to open in July 2022. Construction started this summer.

“Fayette County Public Schools has a contract with the general contractor, who is responsible for all aspects of construction, safety and environmental control on the project. This issue is a matter between D.W. Wilburn and the Lexington-Fayette Urban County Government,” said Fayette County Public Schools spokeswoman Lisa Deffendall.

This is not the first time D.W. Wilburn has run afoul of city regulations.

In August 2015, the city issued a stop-work order to D.W. Wilburn because all of the building permits had not been issued prior to the start of construction at what is now Frederick Douglas High School on Winchester Road. The school district and the city were eventually able to sort out the issues with the permits and work resumed on the high school.

This story was originally published January 29, 2021 at 10:58 AM.