ON MARCH 8, 2007, EPA REGION 1 REFERRED A REQUEST TO THE U.S. DEPARTMENT OF JUSTICE FOR THE ISSUANCE OF A WARRANT TO AUTHORIZE ACCESS TO THE BIRCH SWAMP ROAD SITE IN WARREN, RHODE ISLAND (THE SITE ). A WARRANT IS NECESSARY BECAUSE EPA HAS BEEN UNABLE, DESPITE DILIGENT EFFORTS, TO GET THE OWNER TO PERFORM A PRELIMINARY ASSESSMENT AND SITE INVESTIGATION ( PA/SI ). THE SITE IS AN UNDEVELOPED 15.8 ACRE SQUARE FOOT PIECE OF PROPERTY LOCATED OFF OF BIRCH SWAMP ROAD NEAR THE KICKEMUIT RIVER, WHICH FLOWS DOWNSTREAM INTO THE KICKEMUIT RESERVOIR. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WHICH REFERRED THE CASE TO EPA, BELIEVES THE SITE MAY BE THE SOURCE OF SEVERAL HAZARDOUS SUBSTANCES IT FOUND IN SEDIMENT SAMPLES COLLECTED FROM THE BANKS OF THE KICKEMUIT RESERVOIR IN JUNE 2004.