On September 29, 2016, EPA Region 1 sent a referral to the U.S. Department of Justice ( DOJ ) requesting that DOJ lodge a proposed Consent Decree with Smith Cove Preservation Trust ( Smith Cove ) concerning the Callahan Mine Superfund Site (the Site ). The proposed Consent Decree memorializes a limited ability-to-pay settlement. Pursuant to the terms of the proposed Consent Decree, Smith Cove shall provide in-kind services (permission for EPA and the Maine Department of Environmental Protection to use Borrow Material located within Smith Cove's property for use in implementing response actions at the Site), access, and institutional controls, all of which would be valuable for the environmental response at the Site. In addition, the proposed Consent Decree requires Smith Cove to record in the Hancock County Registry of Deeds a fully executed Declaration of Environmental Covenant.