9.6.19 Additional Nuisances and Hazards

A. These requirements are applicable to all transaction types except those categorically excluded from all environmental review (CENST), as discussed at Section 9.1.3.C.1 and Section 9.1.3.C.2, or as noted below.

B. Pressurized pipelines transferring flammable or combustible liquids and gases are a recognized potential hazard to properties and their occupants.[58] Because of the potential hazard, HUD has determined that:

57 The Act requires projects to consider Wild and Scenic Rivers, Study Rivers and the Nationwide Rivers Inventory. Follow link in 9.6.Q.3 for details.

58 Pressurized pipelines transferring flammable and combustible liquids and gases does not include vertical or horizontal drilling used in Conventional or Hydraulic Fracturing for mineral exploration or recovery.

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1. For all project types, no structures, ancillary facilities or structures, common areas, parking areas or like related property improvements or features may be constructed or located within 10 feet of or on the easement of a pressurized pipeline transferring flammable or combustible liquids and gases that exceed 200 psi operating pressure (pressurized pipelines). This does not apply to distribution lines supplying only the facility itself.

2. All new construction, rehabilitation projects where residential density is increased, projects where there is a conversion from non-residential to residential use, or projects where a vacant building is made habitable must consider the potential hazard of pressurized pipelines. The analysis must identify all buried and aboveground pressurized pipelines within a one (1) mile radius of the property that exceed 200 psi operating pressure. Suggested resources include the National Pipeline Mapping System (NPMS), State and Local Agencies, pipeline markings identified on site, the 811 system, and property surveys. Once the pipelines are identified and relevant pipeline diameter and operating pressure has been obtained, refer to the table found in Appendix 9, Section A.9.1 to determine the Baseline Pipeline Impact Radius.

3. Once the steps above are completed, one of the two outcomes below will need to be completed:

   • If any of the properties’ buildings, ancillary facilities or structures, common areas, parking areas or like related property improvements or features are located within the Baseline Pipeline Impact Radius, the Lender must obtain an engineering report to assess the Thermal Radiation and Blast Overpressure hazard[59] to the HUD assisted property or occupants, and determine any mitigation measures as required.

• If none of the properties’ buildings, ancillary facilities or structures, common areas, parking areas or like related property improvements or features are located within the Baseline Pipeline Impact Radius, these facts should be noted in the environmental analysis and no further assessment will be needed.

4. If the pipeline poses a safety hazard, HUD requires mitigation to address the issues and may reject the project if no mitigation is possible. Mitigation can include modifying the building design using heat retardant and high tensile strength materials; rearranging the site plan and exterior building shapes; or constructing a barrier designed by a licensed professional structural or civil engineer.

C. HUD recognizes that certain free-standing structures may pose a hazard to properties and their occupants through structural failure or other causes. Structures considered under this part include high voltage utility post and towers; free-standing radio/TV/cell towers; free-standing water towers; wind turbines; and other like free-standing structures. Exclusions from this definition include items affixed to the structure (such as a radio/TV antenna, satellite dishes, cellphone towers, and similar features), unless specifically identified as a hazard during the review. Additional exclusions include local service electric lines and poles. Because of the potential hazards of such structures, HUD has determined that:

1. No buildings, ancillary facilities, structures or common areas may be constructed or located within the easement of any overhead high voltage transmission line.

59 Thermal heat flux exposure threshold of 450 BTU/hr/ft2 for people in open spaces where people congregate, such as parks and playgrounds; thermal heat flux exposure threshold of 10,000 BTU/hr/ft[2] for buildings; and blast overpressure threshold of 0.5 psi as the maximum allowable pressure that can be measured at a distance from an explosive hazard applicable to buildings, building occupants and outdoor unprotected facilities.

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2. All buildings, ancillary facilities, structures or common areas, must consider the potential fall hazards from such free-standing structures. The first step is to determine the maximum fall distance of the free-standing structure.

   • If the maximum fall distance does not include any buildings, ancillary facilities, structures, or common areas, document this in the environmental analysis in HEROS.

• If any of the property’s buildings, ancillary facilities, structures or common areas are located within the maximum fall distance around the free-standing structure, the Lender must submit an engineering report to evaluate the engineered fall distance of the structure, which may be less than the maximum fall distance. The engineered fall distance must be calculated by a registered professional engineer.

3. For new construction projects, projects that convert a building to residential use, or projects that increase residential density, all structures must be outside of the engineered fall distance. For monopoles with no seams, welds, connections or weak points where a sustained load could cause failure to the pole length, HUD will accept certifications by a licensed structural engineer that the monopole and base are in good condition and comply with all structural requirements in lieu of a specified fall distance.

4. For existing residential facilities that do not increase residential density that are within the engineered fall distance, the Lender may submit a report from a registered professional engineer that includes the condition of the tower, the tower specifications, the date of the last tower maintenance, pictures of the tower including the foundation, an assessment of the hazard to the HUD project, and a discussion of any mitigation measures that could minimize this risk. Housing staff will determine whether to grant an exception to the prohibition on being within the engineered fall distance.

• D. HUD has requirements for oil or gas wells, sour gas wells and slush pits.

1. For an operating or planned drilling site, no residential structures may be within 300 feet of the boundary of the drilling site.

2. For an operating well, no residential structures may be within 75 feet, unless the following mitigating measures are taken:

   • Controls on nuisances;

• Controls on noise caused by pumping; and

Spill controls to reduce risk of contamination.

3. For abandoned wells:

   • Confirmation by the State government that the well is safely and permanently abandoned. No residential structures may be located within 10 feet.

   • If there is no confirmation letter, no residential structures may be located within 300 feet of an abandoned well.

4. For sour gas (hydrogen sulfide bi-product) wells, separation distance must be determined by a Petroleum Engineer, with concurrence by State government.

5. For slush pits (used for drilling mud mixes for well lubrication):

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• If on-site, hazards analysis is required to be performed pursuant to Section 9.4. Mitigation must include, but not necessarily be limited to, removal of all drilling mud from the site and backfilling with clean compacted material.

If offsite, hazards analysis must be performed pursuant to Section 9.4.

6. Hydraulic fracturing (fracking) activities within or adjacent to the project site:

   • Fracking well pads. No residential structure may be within 300 feet of the boundary of an existing or planned fracking well pad.

• If fracking well pads are greater than 300 feet but within 1000 feet of a proposed MF project, HUD requires a hazard analysis from a qualified party such as a geologist or a geotechnical engineer evidencing that lateral fracking would not negatively affect soil stability, cause petroleum releases, or create other risks to the HUD property and/or residents. etc. The analysis should include information about extraction wells and other above ground fracking operations within 1000 feet of the project site and an assessment of risks from these operations. The report should include information regarding the status of each horizontal well and future plans for new drilling at or adjacent to the site.

• MAP requirements related to above ground storage tanks (Section 9.6.9) and pressurized pipelines (Section 9.6.19.B) apply to the above-ground fracturing operations.

• If issues are identified, HUD requires mitigation to address the issues and may reject the project if no mitigation is possible.

E. If any part of a site is to be developed on filled ground, HUD may require that all grading be properly controlled to prevent differential earth movement, sliding, erosion, and/or other occurrences which might damage dwellings, streets or other improvements. Excessive slopes, soil compatibility, and potential for erosion are important site planning factors that impact the cost of development and the ultimate success of the project.

F. HUD may require mitigation of a variety of additional nuisances and hazards on the property which would affect the health and safety of residents and the security of the collateral.

G. Regional Centers or Satellite Offices may adopt additional requirements to address unique local concerns, but, if any local requirement is mandated, the Regional Office must inform the Deputy Assistant Secretary for Multifamily Housing and the HUD Headquarters Housing Environmental Clearance Officer of the requirement and its rationale.