Greenbrier

Woodford Transport Advertisement of Designation

ADVERTISEMENT OF DESIGNATION UNDER 33 U.S.C. § 2714(b)
AND NOTIFICATION OF CLAIMS
PROCESS PURSUANT TO THE OIL POLLUTION ACT
On January 23, 2015, at approximately 10:30 PM EST, a tanker truck owned by Woodford Transport, LLC (“Woodford”) was involved in a single-vehicle accident near mile-marker 11.1 North on Route 92 near White Sulphur Springs, West Virginia. The accident resulted in a spill of approximately 4,000 gallons of diesel fuel, some of which reached Anthony Creek (the “Incident”). The U.S. Coast Guard has assigned the Incident the following identification number: E15303. The U.S. Environmental Protection Agency designated Woodford as the responsible party for the Incident, and Woodford is accepting claims for certain uncompensated damages and removal costs. The Oil Pollution Act covers specific removal costs and damages, namely: removal costs; damage to natural resources; damage to or loss of real or personal property; loss of subsistence use of natural resources; loss of government tax and other revenues; loss of profits and earning capacity; and increased cost of public services caused by the spill. CLAIMS FOR BODILY INJURY, EMOTIONAL DISTRESS, OR ATTORNEYS’ FEES OR THE ADMINISTRATIVE COSTS OF PREPARING THE CLAIM ARE NOT INCLUDED AS COVERED REMOVAL COSTS AND DAMAGES UNDER 33 U.S.C. § 2702(b).
Claims should be made to Woodford: 1) in writing; 2) signed by the claimant or the claimant’s authorized representative; 3) for a sum certain; and 4) should include the full name, residence, mailing address, and telephone number of the claimant; 5) as well as all evidence to support the compensation claimed for damages or removal costs, including a general description of the nature and extent of the impact of the Incident; the cost associated with removal actions and/or damages claimed; and a description of actions taken to minimize removal costs or damages claimed. A claimant may present a claim for interim, short-term damages representing less than the full amount to which the claimant ultimately may be entitled. Payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim.
For appropriate consideration and processing, all claims and all supporting documentation may be submitted to Woodford, c/o Colleen Jarrell, via email at woodford@mlclaw.com or via facsimile at (304) 343-5232. All claims should reference No. 286225-5 in the subject line, as well as Incident No. E15303. If email or facsimile is not available, claims should be mailed to the following address, referencing No. 286225-5 and Incident No. E15303: 300 Summers Street, Suite 800, Charleston, West Virginia 25301.
All claims and supporting documentation must be delivered to Woodford at the above address before the claim will be deemed submitted. Claimants may also be required to submit additional information as specified in 33 C.F.R. §§ 136.105-136.329.
Please contact Colleen Jarrell at (304) 344-5600, Monday through Friday, during business hours for questions related to the claims process. Any claims which are denied or which are not resolved within 90 days after the date of submission to the Woodford claims representative may be submitted for consideration to the National Pollution Funds Center at:
Director, National Pollution Funds Center
US Coast Guard Stop 7100
4200 Wilson Blvd, Suite 1000
Arlington, Virginia 20598-7100
Phone: 800-280-7118 / Fax: 703-872-6113
Email: ARL-PF-NPFCClaimslnfo@USCG.mil