TERESA C. MICHELSEN Areas of Expertise Dr. Michelsen is the founder and principal of Avocet Consulting, and provides consulting services in the areas of aquatic site investigation and cleanup, regulatory development, expert witness and litigation support, and facilitation. She is an environmental scientist and geochemist specializing in the development of sediment and tissue quality guidelines, aquatic cleanup and restoration, natural resource damage assessment, dredged material management, and the development and large-scale implementation of regulatory programs for aquatic environments, including the Sediment Management Standards in Washington State, and the Sediment Evaluation Framework for managing dredged material in Washington, Oregon, and Idaho. She has provided technical assistance and oversight of investigations and cleanups at more than 70 contaminated sediment sites in Washington, Oregon, Alaska, California, and BC in addition to developing technical guidance and training for federal and state agencies. She has been involved in a variety of federal NRDA projects as a State trustee, consultant, or facilitator and developed one of the State of Washington’s first NRDA restoration plans under the State Model Toxics Control Act. Dr. Michelsen is also an experienced environmental mediator and facilitator with more than 20 years of experience with complex environmental and public policy cases. While at the WA Dept. of Ecology, Teresa participated in the State of Washington facilitation pool and since 1998, has served as an independent mediator/facilitator. She has worked on projects relating to regulatory development, waterfront construction and redevelopment, aquatic land use, facility siting, allocation of liability, solid and hazardous waste issues, natural resource damages, tribal issues, dredging, and low-impact development. She has also served as a neutral expert for evaluation of environmental insurance claims and associated liability, and provides mediation services to families in her local community. 2611 17th Ave NW, Olympia WA 98502 (360)628-8339 teresa@avocetconsulting.com Education Ph.D. Environmental Science and Engineering, UCLA, Los Angeles, CA, 1991 M.S. Geology and Geochemistry, MIT, Cambridge, MA, 1987 B.S. Chemistry, Caltech, Pasadena, CA, 1985 200+ hours of continuing education in facilitation, negotiation, mediation, and legal training 40-hr Natural Resource Damage Assessment USF&W training Professional Experience 8/96 - Present Principal Avocet Consulting/Mediation Solutions Olympia, WA 9/92 - 1/98 Sediment Cleanup Specialist Washington State Department of Ecology Bellevue, WA 6/89 - 9/92 Environmental Scientist PTI Environmental Services Bellevue, WA 9/85 - 6/89 Research and Teaching Assistant MIT, UCLA Cambridge, MA and Los Angeles, CA Affiliations/Memberships Society for Environmental Toxicology and Chemistry (Board of Directors/Conference Organizer, PNW Regional Chapter) Association for Conflict Resolution U.S. Institute for Environmental Conflict Resolution, Roster of ECR Practitioners Washington Mediation Association, Certified Mediator (Environment, Public Policy, and Domestic Relations) 2611 17th Ave NW, Olympia WA 98502 (360)628-8339 teresa@avocetconsulting.com REPRESENTATIVE PROJECT EXPERIENCE – EXPERT WITNESS AND LITIGATION SUPPORT Expert Consulting on PRP Status Lower Passaic River, NJ Paul Hauge, Gibbons Law, Newark, NJ, (973)596-4471 2014-present Dr. Michelsen is providing expert consulting services to assist a confidential client located in the Lower Passaic River watershed in determining whether their PRP status is supported by existing data. Recent activities have involved a detailed review of all remedial investigation data for the upland site, evaluation of every possible transport pathway to the Passaic River and any existing data for those transport pathways, and review of all RI/FS data generated for the Passaic River, including source modeling, to search for any evidence that could confirm or refute PRP status for the company. All of this information was distilled into a clear and readable report identifying the available information, findings, data gaps, and recommendations for next steps. Expert Consulting on Sources, Pathways, and Comingled Sediment Contamination Seattle, WA Mark Myers, Williams Kastner & Gibbs, Seattle, WA, (206)628-6633 2013-present Dr. Michelsen is currently providing expert consulting services to assist a confidential client in evaluating potential past and current impacts to sediments from historic uses of their upland properties and possible impacts from releases at adjacent properties. Various historic and current surface water, CSO, groundwater, and direct discharge pathways are being evaluated. These services are in support of several potential property transfers and eventual allocation of liability for an area-wide Superfund site. GM/Arkema/Weyerhaeuser Litigation Hylebos Waterway, Tacoma, WA Mark Myers, Williams Kastner & Gibbs, Seattle, WA, (206)628-6633 2004-2007 Dr. Michelsen provided expert consulting services and trial testimony regarding the adverse effects of wood waste in Hylebos Waterway, the costs and technical difficulties associated with cleanup of wood waste-containing sediments, and the legal authorities for requiring cleanup of wood waste under Superfund, SMS, and MTCA. Expert services provided included written declarations, rebuttals, depositions, and 2 days of trial testimony in US District Court. Expert Consulting on CSO Issues Thea Foss Waterway, Tacoma, WA Lind Stapley, Soha & Lang, Seattle, WA, (206)654-1686 2005-2006 Dr. Michelsen prepared declarations, rebuttals, and gave depositions on the effects of City of Tacoma stormwater and CSO outfalls on contamination in Thea Foss and other areas of Commencement Bay. She also prepared declarations, rebuttals, and testimony on the relationship between conventionals and hazardous substances under MTCA and CERCLA. Insurance Investigations and Litigation Support Soha & Lang, Lane Powell, confidential clients Michael O’Clair, Soha & Lang, (206)654-6612 2000-2005 Dr. Michelsen provided expert consulting services to several insurers as part of insurance litigation pertaining to sediment and upland contamination at industrial facilities in the Pacific Northwest. Facilities included Ketchikan Pulp Company, Todd Shipyard, Puget Sound Energy, and other major industries and port districts, some with over 100 years of environmental discharges and contamination. Dr. Michelsen obtained and reviewed local, state, and federal agency files along with company records. These records were distilled into reports detailing the company’s operational and waste discharge practices over the years, the types and severity of resulting environmental contamination, both upland and in-water, the costs of cleanup, whether each type of discharge could be considered intentional vs. accidental, and the contributions of each type of discharge to the overall extent of the claims. Dr. Michelsen prepared expert opinions, participated in trial preparations, and gave expert testimony. Particular areas of expertise involve damages associated with sediment contaminants, process waste discharges, sewage outfalls, and wood waste. Hylebos NRDA Allocation, Tacoma, WA NOAA Damage Assessment and Restoration Center Rob Wolotira, (206)526-4360 2002 Dr. Michelsen provided expert consulting services to NOAA during the NRDA allocation process for the Hylebos Waterway in Tacoma, WA. She reviewed the NOAA approach to allocating liability under NRDA for the Hylebos Waterway and prepared responses to PRP comments on chemistry, quality assurance, sediment quality guidelines, and tissue criteria issues. Based on these comments, she recommended recalculation of certain aspects of the approach, resulting in a more accurate estimate of overall NRDA liability and allocation. Log Transfer Facility Hearings Sierra Club Legal Defense Fund/Alaska DEC Buck Lindekugel, SEACC, (907)586-6942 2000-2002 Dr. Michelsen provided expert consulting and witness services during an administrative challenge of new regulations being adopted by Alaska’s Department of Environmental Conservation regulating log transfer facilities. Dr. Michelsen prepared affidavits on the effects of bark accumulation on the environment, provided depositions, reviewed opposing expert testimony, and testified at the hearing. As part of the resolution of the hearings, Dr. Michelsen served on a stakeholder committee to develop Alaska DEC guidance for Remediation Plans associated with LTF facilities. REPRESENTATIVE PROJECT EXPERIENCE – MEDIATION AND FACILITATION Study of Alternative Dispute Resolution at Superfund Sites Involving Tribal Lands U.S. Institute for Environmental Conflict Resolution/EPA Conflict Prevention and Resolution Center Anna Abbey, EPA CPRC, (202)564-1897 2010 Dr. Michelsen conducted a nationwide study on the use of ADR processes (mediation/facilitation) at Superfund sites involving tribal lands or tribal interests. The study focused on the types of challenges and issues that arise at these sites when Superfund authorities and tribal sovereignty come into play, ADR approaches that were used in an attempt to resolve these issues and whether they were successful, factors that affected their success or failure, and methods recommended by site managers, ADR practitioners and tribal participants for improving this process in the future. Dr. Michelsen developed the study design and case study identification, interviewed all of the participants, compiled the data, and prepared a summary report for the funding agencies, the public, and tribes participating in cleanup of Superfund sites. Hanford Natural Resource Trustee Council US Dept. of Energy, Richland Operations Office Charlene Andrade, (360)292-3739 2007-2010 For 4 years, Dr. Michelsen facilitated the Hanford Natural Resources Trustee Council, a group of eight natural resource trustees consisting of the Umatilla Tribes, Nez Perce Tribe, Yakama Nation, US Dept. of Energy, NOAA, US Fish and Wildlife, Washington State, and the State of Oregon. Recently the work of the group was recognized by becoming the first NRDA Council to receive dedicated funding in the President’s budget for any Dept. of Energy site, a significant accomplishment. The Council is currently in the second phase of developing an Injury Assessment Plan that will guide injury assessment studies and quantification of injuries at the Hanford Nuclear Reservation. Occidental Chemical/Port of Tacoma ADR, Tacoma, WA US EPA Region 10, Seattle, WA Sheila Eckman, (206)553-0455 2008-2009 Dr. Michelsen mediated a series of technical and legal discussions between EPA Region 10, WA Dept. of Ecology, Port of Tacoma and Occidental Chemical regarding the interface between cleanup of the Occidental Site in Commencement Bay and the Port of Tacoma’s planned intermodal terminal development on the Blair peninsula. Development and operation of the terminals were planned to involve the most contaminated areas of the Site, on a schedule that preceded selection of the cleanup remedy. Due to the nature and degree of contamination at the site, foreseeable conflicts between cleanup activities and terminal operations were significant. The mediation process allowed the parties to develop a better technical understanding of both projects, better define the conflicts and possible solutions, and negotiate an AOC governing the relationship between the Port and the Agencies during the cleanup and redevelopment processes. CURRICULUM VITAE Teresa C. Michelsen dba Avocet Consulting and Mediation Solutions Michelsen, T.C., L.S. Inouye, C.E. Asher, L.B. Read. 2015. Natural and regional background concepts, adaptive sampling approaches, and application to sediment cleanup in Washington State. Proceedings of the 8th International Conference on Remediation and Management of Contaminated Sediments, New Orleans, LA, Jan 12-15, 2015. Ecology. 2012. Concise Explanatory Statement, Chapter 173-204 WAC Sediment Management Standards: Summary of Rule Making and Response to Comments. Prepared by Avocet Consulting for the Washington Department of Ecology, Lacey, WA. Mediation Solutions. 2010. Superfund on Tribal Lands: Issues, Challenges, and Solutions. Prepared for the U.S. Institute for Environmental Conflict Resolution, Tucson, AZ and the EPA Center for Conflict Prevention and Resolution, Washington DC. Avocet Consulting. 2010. Development of Benthic SQVs for Freshwater Sediments in Washington, Oregon, and Idaho. Prepared for the Washington Department of Ecology, Olympia, WA and Oregon Department of Environmental Quality, Portland, OR. Avocet Consulting. 2009. Sediment Evaluation Framework for the Pacific Northwest: Chapter 8, Bioaccumulation Framework. Prepared for the Portland District Corps of Engineers, Portland, OR on behalf of the Regional Sediment Evaluation Team agencies. Mediation Solutions. 2008. Statistical Experts’ Workshop Report. Prepared for the Regional Sediment Evaluation Team agencies, the Dredged Material Management Program Dioxin Workgroup, and EPA Region 10, Superfund Program. Germano & Assts, TerraStat, and Avocet Consulting. 2004. An Evaluation of Existing Sediment Screening Guidelines for Wetland Creation/Beneficial Reuse of Dredged Material in the San Francisco Bay Area Along with a Proposed Approach for Alternative Guideline Development. Prepared for the San Francisco Regional Water Quality Control Board and Port of Oakland. Avocet Consulting. 2003. Development of Freshwater Sediment Quality Values for Use in Washington State. Prepared for Washington Department of Ecology, Olympia, WA. Michelsen, T.C. 2000. Natural remediation of sediments. In: Natural Remediation of Environmental Contaminants: Its Role in Ecological Risk Assessment and Risk Management. M. Swindoll, R.G. Stahl Jr, and S.J. Ells, Eds. SETAC Press, Pensacola, FL. Michelsen, T.C. 1999. Principles for assessing the reliability of sediment quality guidelines. Human and Ecological Risk Assessment 5(4):645-656. Michelsen, T.C., C.D. Boatman, D. Norton, C.C. Ebbesmeyer, T. Floyd, and M.D. Francisco. 1999. Resuspension and transport of contaminated sediments along the Seattle waterfront, Part 1: Field investigations and conceptual model. Journal of Marine Environmental Engineering 5(1):35-65. Francisco, M.D., C.C. Ebbesmeyer, C.D. Boatman, and T.C. Michelsen. 1999. Resuspension and transport of contaminated sediments along the Seattle waterfront, Part 2: Resuspension and transport mechanisms. Journal of Marine Environmental Engineering 5(1):67-84. Michelsen, T.C. 1998. Integration of sediment cleanup, waterfront redevelopment, and habitat improvements through comprehensive port planning. Water Science and Technology 37(6-7):443-450. Michelsen, T.C., C.D. Boatman, D. Norton, C.C. Ebbesmeyer, and M.C. Francisco. 1998. Transport of contaminants along the Seattle waterfront: Effects of vessel traffic and waterfront construction activities. Water Science and Technology 37(6-7):9-15. Michelsen, T.C. 1997. Petroleum Standards for Protection of Surface Water: Review of Alternative Methods for Predicting the Toxicity of Dissolved Petroleum Constituents in Groundwater to Surface Water Receptors. Prepared for Washington Department of Ecology and Duwamish/Brownfields TPH Project. Kendall, D. and T.C. Michelsen. 1997. Management of Wood Waste under Dredged Material Management Programs (DMMP) and the Sediment Management Standards (SMS) Cleanup Program. SMS Technical Information Memorandum, Washington Department of Ecology, Olympia, WA. Michelsen, T.C., T.C. Shaw, and S. Stirling. 1996. Testing, Reporting, and Evaluation of Tributyltin Data in the Puget Sound Dredged Disposal Analysis and Sediment Management Standards Programs. SMS Technical Information Memorandum, Washington Department of Ecology, Olympia, WA. Michelsen, T.C. and T.C. Shaw. 1996. Statistical Evaluation of Bioassay Results. SMS Technical Information Memorandum, Washington Department of Ecology, Olympia, WA. Ebbesmeyer, C.C., M.D. Francisco, C.D. Boatman, D. Norton, and T.C. Michelsen. 1996. Currents generated by vessel traffic along Seattle’s waterfront. Proc. Oceans ‘95. Boatman C.D., C.C. Ebbesmeyer, J. Scott, T. Floyd, B. Schmoyer, M. Francisco, T.C. Michelsen and D. Norton. 1995. Elliott Bay Waterfront Recontamination Study. Volume II: Modeling and Remedial Design Recommendations. WA Dept. of Ecology. Elliott Bay/Duwamish Restoration Program Report #10. Norton, D. and Michelsen, T.C. 1995. Elliott Bay Waterfront Recontamination Study. Volume I: Field Investigation Report. WA Dept. of Ecology. Elliott Bay/Duwamish Restoration Program Report #9. Michelsen, T.C. and C.P. Boyce. 1993. Cleanup standards for petroleum hydrocarbons, Part 1: Review of methods and recent developments. Journal of Soil Contamination 2(2):109-124. Boyce, C.P. and T.C. Michelsen. 1993. Cleanup standards for petroleum hydrocarbons, Part 2: Case study comparisons of site-specific cleanup standards with generic TPH Standards. Journal of Soil Contamination 2(3):265-280. Ecology. 1991. Sediment Cleanup Standards User’s Manual. Prepared for WA Dept. of Ecology, Sediment Management Unit.