1. Kentucky Transportation Cabinet
Division of
Right of Way
&
Utilities

2. Division of
Right of Way
&
Utilities
WHO ARE WE?

3. Division of right of way and utilities
Acquisition Branch
Appraisal Branch
Relocation Branch
Utilities & Rails Branch
Utility Coordination
Rail Coordination
Section 130 Rails Program
Keith McDonald,
Director - Division of Right of Way & Utilities
David Orr,
Acquisition Branch Manager
Eric Monhollon,
Appraisal Branch Manager
Marybeth Johnson,
Relocation Branch Manager
Jennifer McCleve,
Utilities/Rails Branch Manager
Division of right of way and utilities

4. Managing Utility & Railroad Impacts on KYTC Roadwork

5. We permit utilities in Kentucky’s ROW because we need them, they are infrastructure.
A Paradigm shift in our business starts with a change in perception….
We all deal in infrastructure……
We have shared interests.
We have shared goals.

6. in·fra·struc·ture, n. the underlying foundation or basic framework
the system of public works of a country, state, or region;
A Paradigm shift in our business starts with a change in perception….
We all deal in infrastructure……
We have shared interests.
We have shared goals.

7. KYTC & Utility Companies
Move goods and services
Consumers : taxpayers / ratepayers
Essential elements of the INFRASTRUCTURE.
We move goods And services
We work for the good of the public
Taxpayers are ratepayers….we have the same customers

8. HOW DO WE PROTECT THEM?
Location! Location!! Location!!! – We need to know where they are by:
Reviewing plans
Contacting Utilities
Determining any conflicts and developing a plan of action to protect them
By Developing Utility Impact Note (aka Utility Clearance Note)

9. REQUIREMENTS FOR UTILITY NOTES
FEDERAL REQUIREMENT ?
TITLE 23 CFR (c)(b)
Table of Contents
PART CONSTRUCTION AND MAINTENANCE
Sec Authorization.
Subpart C- Physical Construction Authorization

10. REQUIREMENTS FOR UTILITY NOTES
TITLE 23 CFR (c)(b)
PART 635-CONSTRUCTION AND MAINTENANCE
Subpart C--Physical Construction Authorization
Sec Authorization.
Authorization to advertise the physical construction for bids or to proceed with force account construction thereof shall normally be issued as soon as, but not until, all of the following conditions have been met:

11. REQUIREMENTS FOR UTILITY NOTES
(b) A statement is received from the State, either separately or combined with the information required by Sec (c), that either all right-of-way clearance, utility, and railroad work has been completed or that all necessary arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedules. Where it is determined that the completion of such work in advance of the highway construction is not feasible or practical due to economy, special operational problems and the like, there shall be appropriate notification provided in the bid proposals identifying the right-of-way clearance, utility, and railroad work which is to be underway concurrently with the highway construction.

12. Utility Clearance Notes District Utility Section can draft given:
- Project Manager has need - Time to identify / address impacts - Project data to perform analysis - Completed request form TC TC pdf

14. Utility Clearance Notes Project Manager can draft given:
- Project Manager has assessed Existing utilities in area Compared to project plan - No utility impacts exist - No additional ROW needed - Use: HSIP-Maint Clearance Note.docx

15. STATE REQUIREMENT ? There are no specific legislative requirements
For utility notes on State funded projects,
but as a general rule Utility Notes should
be submitted on all PS&E projects.
There is, however, a Kentucky legislative
requirement for protection of Utilities
during construction or excavation activities
known as:
“The Kentucky Dig Law”.

16. KRS 367.4901 Legislative declaration
(Short title for KRS to )
The General Assembly finds that the objective of underground facility damage prevention and the resulting benefits of public and workplace safety and protection of consumer services require an effective underground damage prevention procedure. KRS to , which may be cited as the "Underground Facility Damage Prevention Act of 1994," are created to provide for this procedure and accomplish this objective.

17. Preparing for Construction KYTC is obligated to call KY811 for dig activities KENTUCKY CALL BEFORE YOU DIG LAW.docx

18. Preparing for Construction The requirements of KRS 367. 4905 to 367
Preparing for Construction The requirements of KRS to shall not apply to …Routine road maintenance “Routine road maintenance” means preservation…road repairs…resurfacing, but does not include road construction or penetration of existing grade;

19. RAILROAD COORDINATION
Utilities is involved in highway projects in order to:
Acquire rights of entry
Coordinate plan review with RR companies to avoid conflicts,
Coordinate flagging to protect RR facilities
Assure that Cabinet contractors protect Cabinet from liability (insurance and construction techniques are proper)

20. Rails
If we cross or are near a Railroad facility, we will need to have permission in the form of a
Right of Entry Agreement
Construction Agreement
Special Cases (rare)

21. Approval of any plans/proposal Permission to enter property
What’s Needed of Us?
Approval of any plans/proposal
Permission to enter property
Possibly insurance
Flagging services
Provided by RR
Need to be scheduled in advance
AT LEAST 2 weeks prior to work
We pay RR for this

22. Rails – How it Applies Construction Projects
Mostly handled by Contractor
Bridge Maintenance
Similar to Construction
Resurfacing
Often overlooked
Early coordination is key
Months, not weeks
Contractor vs. in-house
RR Dependent

23. RAILROAD COORDINATION
Let us know
Rough crossings
Poor alignments
Anything RR related

24. REMEMBER US ON YOUR PROJECTS!
We all share an obligation to the Public, the Utilities and the Railroads to preserve and protect these vital parts of Kentucky’s infrastructure.
We’re here to assist you to ensure your project doesn’t run into unforeseen problems regarding utility conflicts or railroads.

25. Central Office Contacts
Utilities & Rails Branch Manager
Jennifer McCleve – (502)
Area Utilities Coordinators:
Districts 1, 2 and Dianah Waller (502)
Districts 4, 5, 6 and 8 Tom Capshaw (502)
District 9, 10 and 12 Glenda France (502)
District 7 and Allen Rust (502)
Statewide Rails Coordinator - Allen Rust

26. Don’t Hesitate To Call Us! THANKS!