The permitting process started last September. What the county thought would take four months has taken almost a year.

The waterway being impacted by the development is called Storch's Run. Stewart calls it a partial stream that will disappear when it is filled in.

"What this valley actually consists of is seven man made ponds. Actually it's part of a water discharge from the coal operations there. It is a resource, but a low quality resource," said Stewart.

The Clean Water Act said if you take away a water area, you must make up for it by improving a nearby waterway. The county will be forced to spend hundreds of thousands to clean up the banks and plant flowers at Middle Wheeling Creek.

The permit has not been issued yet. A public hearing is scheduled for next week.