Kentucky Transportation Cabinet Division of Right of Way & Utilities

Division of Right of Way & Utilities WHO ARE WE?

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

Managing Utility & Railroad Impacts on KYTC Roadwork

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.

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.

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

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)

REQUIREMENTS FOR UTILITY NOTES FEDERAL REQUIREMENT ? TITLE 23 CFR 635.309(c)(b) Table of Contents PART 635 - CONSTRUCTION AND MAINTENANCE Sec. 635.309 Authorization. Subpart C- Physical Construction Authorization

REQUIREMENTS FOR UTILITY NOTES TITLE 23 CFR 635.309(c)(b) PART 635-CONSTRUCTION AND MAINTENANCE Subpart C--Physical Construction Authorization Sec. 635.309 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:

REQUIREMENTS FOR UTILITY NOTES (b) A statement is received from the State, either separately or combined with the information required by Sec.635.309(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.

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 TC69-12 TC 69-12.pdf

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

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”.

KRS 367.4901 Legislative declaration (Short title for KRS 367.4901 to 367.4917.) 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 367.4901 to 367.4917, which may be cited as the "Underground Facility Damage Prevention Act of 1994," are created to provide for this procedure and accomplish this objective.

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

Preparing for Construction The requirements of KRS 367. 4905 to 367 Preparing for Construction The requirements of KRS 367.4905 to 367.4917 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;

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)

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)

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

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

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

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.

Central Office Contacts Utilities & Rails Branch Manager Jennifer McCleve – (502) 782-4944 Area Utilities Coordinators: Districts 1, 2 and 3 Dianah Waller (502) 782-4954 Districts 4, 5, 6 and 8 Tom Capshaw (502) 782-4937 District 9, 10 and 12 Glenda France (502) 782-4938 District 7 and 11 Allen Rust (502) 782-4950 Statewide Rails Coordinator - Allen Rust

Don’t Hesitate To Call Us! THANKS!