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Commission approves text of environmental restrictive covenant for Hopewell West; IDEM reporting deadline drives timing
Summary
The RDC approved the language of an environmental restrictive covenant for Hopewell West (Blocks 4–7) to satisfy IDEM reporting requirements and preserved staff’s ability to record the covenant when plat/legal descriptions are finalized.
On Nov. 3 the Bloomington Redevelopment Commission approved the language and the commission’s intent to record an environmental restrictive covenant (ERC) covering Hopewell West (Blocks 4–7). Staff said IDEM required an update and that the ERC text needed commission approval before the IDEM reporting deadline.
Key elements: the ERC text approved by the commission specifies four primary restrictions for the covered area: (1) no extraction of groundwater for any purpose; (2) no agricultural uses that would disturb contamination pathways; (3) required compliance with an existing soil‑management plan (SMP) used during Jackson Street remediation and redevelopment oversight; and (4) required building‑level vapor‑mitigation systems where appropriate (similar to radon mitigation) for enclosed spaces. Staff said the covenant language is designed to be as narrowly tailored as possible to meet IDEM’s closure and institutional control expectations.
Legal/plat timing: staff explained the delay in recording the ERC stemmed from a change to the legal description during the platting process — the property had not been fully platted when the initial ERC work began, so the recorded legal description would not match the current plat. The commission approved the ERC language now and directed staff to record the covenant when the plat/legal descriptions align; staff will return with the recorded document for the commission’s file.
Outcome and next steps: the commission approved the ERC text and the stated intent to record; staff will coordinate the recording with Bloomington Housing Authority (BHA), the board of public works and other stakeholders as necessary to complete the closure process required by IDEM.
