Contractor building new high school in Lexington in trouble with city

LEXINGTON, Ky. (WTVQ) – The contractor for the new Tates Creek High School in Lexington has repeatedly violated environmental rules on the project, according to city records cited by a report in the Lexington Herald-Leader.

City inspectors found debris and runoff from the construction site in a nearby creek, according to the newspaper report.

Lexington’s water quality officials sent the complaints against D.W. Wilburn to its environmental enforcement department, according to the report.

In late December, city inspectors found mud and other debris on the road leading to the construction site, which resulted in a notice of violation, according to violation records cited by the newspaper.

On Jan. 6, city inspectors returned to the site after receiving complaints from people who live on Coldstream Court, which is next to the construction site, that construction debris was muddying a small creek that runs alongside the new school, according to the report.

The Lexington Herald-Leader reports an inspector found a silt fence and a check dam, which are designed to stop runoff, had failed at the work site, allowing construction discharge to enter the stream.  A second notice of violation was issued Jan. 6, according to the report.

The next day, officials with D.W. Wilburn contacted the city and said they were working to fix the problems, according to documents the city provided to the Lexington Herald-Leader.  However, the report says the problems at the construction site continued.

During a Jan. 20 follow-up inspection, city officials found the silt fence and check dam had been fixed, but the creek was still muddy from construction debris.  Citing a notice of violation, the newspaper report says a PVC pipe was buried under the check dam and discharging slurry from a boring operation into the creek.

The D.W. Wilburn issues were turned over to the city’s Department of Environmental Services for enforcement on Jan. 21, according to the report.  The company could be cited and fined, according to the report.

Officials with D.W. Wilburn did not return the Lexington Herald-Leader’s emails seeking comment, according to the report.

The newspaper reached out to Fayette County Public Schools (FCPS) for comment.

“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 FCPS spokeswoman Lisa Deffendall.

The new high school is being built on the same property as the old high school at a cost of $88 million.  The new school is scheduled to open in July 2022, according to the report.