Proposal_NeDNR_PerkinsCountyCanal_Redacted.pdf

p f www.merjent.com

M ai n St re et

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M in ne ap ol is, M in ne so ta

July 18, 2025

Matt Manning, Procurement Contact Nebraska Department of Natural Resources 245 Fallbrook, Suite 201 Lincoln, Nebraska 68521

Re: RFP NDNR25-01, Perkins County Canal Project Third-Party Environmental Impact Statement

Dear Mr. Manning:

Merjent, Inc. (Merjent) appreciates the opportunity to submit the attached proposal to the Nebraska Department of Natural Resources for the Perkins County Canal Third-Party EIS (Project). Our proposed team has extensive experience preparing third-party Environmental Impact Statements for large-scale, multi-state infrastructure projects, including controversial water projects where the U.S. Army Corps of Engineers is the lead or cooperating agency. We have carefully reviewed the Request for Proposal and we are confident that our team’s approach will best meet the needs of the U.S Army Corps of Engineers (USACE) and the Nebraska Department of Natural Resources (NeDNR) due to our:

• deep bench of NEPA experts and experience in CWA Section 404(b)(1), ESA Section 7 consultations, and NHPA Section 106 requirements;

• project and consultation experience in Nebraska and Colorado, and with water uses, interconnections, and return flows within the Platte River Basin;

• trusted tools and techniques for performing NEPA work on tight timelines;

• specialized experience with project management and public involvement coordination on complex projects with high public interest; and

• proposed approach that addresses the needs of the Project based on our experience on similar projects in the Perkins County Canal area.

Our experience and approach will result in a streamlined process that will generate a defensible National Environmental Policy Act document. We appreciate the opportunity to propose on this Project and our team looks forward to working with the NeDNR and USACE on this regionally important Project. Project Manager, Jared Baxter, is Merjent’s Responsible Contact and can be reached at or

Chief Growth Officer, John Canne, is Merjent’s authorized representative to commit to the Project.

Sincerely, John Canne Jared Baxter Chief Growth Officer Project Manager

Nebraska Department of Natural Resources

Perkins County Canal Project Third-Party Environmental Impact Statement

RFP# NDNR25-01

TECHNICAL PROPOSAL

PRESENTED BY MERJENT, INC.

July 18, 2025

P e r k i n s C o u n t y C a n a l P r o j e c t T h i r d - P a r t y E I S N e b r a s k a D e p a r t m e n t o f N a t u r a l R e s o u r c e s i | M e r j e n t , I n c .

CONTENTS

COPYRIGHT, PROPRIETARY, AND CONFIDENTIALITY NOTICE ....................................................................... II

SECTION 1. REQUEST FOR PROPOSAL FORM, BIDDER CONTACT SHEET AND CERTIFICATE OF LIABILITY

INSURANCE

Request for Proposal for Contractual Services

Bidder Contact Sheet (Form A)

Certificate of Liability Insurance

SECTION 2. EXECUTIVE SUMMARY

SECTION 3. CORPORATE OVERVIEW

Bidder Identification and Information

Financial Statements

Change of Ownership

Office Location

Licensure

Relationships with the State

Bidder’s Employee Relations to State

Contract Performance

Summary of Bidder’s Corporate Experience

Summary of Bidder’s Proposed Personnel/Management Approach

SECTION 4. TECHNICAL APPROACH

Understanding of the Project Requirements

Proposed Development Approach

Technical Considerations

Detailed Project Work Plan

Deliverables and Due Dates (Proposed Project Schedule)

CONCLUSION

ATTACHMENTS

Attachment A Request for Proposal for Contractual Services (signed copy) Attachment B Form A, Bidder Contact Sheet Attachment C Sample Certificate of Liability Insurance Attachment D Merjent’s Financial Statements Attachment E Resumes of Proposed Team Attachment F Conflict of Interest Form ii | M e r j e n t , I n c .

COPYRIGHT, PROPRIETARY, AND CONFIDENTIALITY NOTICE

The information contained in this proposal is intended solely for the use of the Nebraska Department of

Natural Resources in evaluating the ability of Merjent, Inc. to effectively and economically complete the work on the proposed Perkins County Canal Project Third-Party Environmental Impact Statement Project.

There is no copyrighted material associated with this proposal. We consider this proposal proprietary and confidential in that the proposal shall not be used for other purposes and shall not be duplicated or disclosed outside of the Nebraska Department of Natural Resources.

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SECTION 1. REQUEST FOR PROPOSAL FORM, BIDDER CONTACT SHEET

AND CERTIFICATE OF LIABILITY INSURANCE

Request for Proposal for Contractual Services

Please see Attachment A for a signed copy of the Request for Proposal for Contractual Services.

Bidder Contact Sheet (Form A)

Please see Attachment B for Form A, Bidder Contact Sheet.

Certificate of Liability Insurance

Please see Attachment C for our Merjent, Inc. (Merjent) sample certificate of liability insurance.

SECTION 2. EXECUTIVE SUMMARY

Merjent is pleased to present this proposal for the Perkins County Canal Project Third-Party Environmental

Impact Statement (EIS) Project (Project). Merjent’s primary objective within this proposal is to assist the

U.S. Army Corps of Engineers (USACE) in its preparation of an EIS that is consistent with the July 3, 2025

National Environmental Policy Act (NEPA) implementing regulations and the Department of Defense June

2025 NEPA Implementing Procedures; and, at a minimum, inclusive of a Clean Water Act (CWA) Section

404 individual permit application that satisfies the USACE public interest review requirements and USACE

Section 404(b)(1) guidelines, a biological assessment in compliance with the Endangered Species Act

(ESA), and a Section 106 consultation in compliance with the National Historic Preservation Act (NHPA).

Our best qualification for this work is the experience of our team. The proposed Merjent team has worked on over 15 third-party EIS’s with several federal agencies, including the USACE, for whom we’ve submitted hundreds of CWA permit applications, including Nationwide Permits, Individual 404 Permits, and 401

Water Quality Certifications, as well as Section 408 and Section 10 Permits. Merjent has provided project management assistance coordination, project record support, and NHPA Section 106 coordination and consultation for over 50 NEPA projects, and ESA consultation on over 30 projects.

Based on our experience and the Request for Proposal (RFP), the most important components of our technical proposal to prepare the EIS include:

• NEPA expertise

• Project management assistance and coordination

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• Nebraska Department of Natural Resources (NeDNR) and cooperating agency coordination

• Public involvement and participation

• CWA Section 404 permitting and compliance with the 404(b)(1) Guidelines and USACE public interest review requirements

• Hydrologic and hydraulic modeling (in support of the Water Rights, Water Supply and

Demand Assessment; the water resources EIS section; and, likely the Section 7 consultation)

The proposed Merjent Project management team has extensive experience providing third-party EIS assistance to federal agencies, evaluating large, publicly visible water projects. Jared Baxter, the proposed

Project Manager, has eight years of experience leading the NEPA compliance process for large-scale water projects with CWA, ESA, and NHPA components. Rebecca Sloan, the proposed Deputy Project Manager, has 18 years of experience working on multi-disciplinary NEPA, ESA, and CWA permitting teams for large-scale water, transportation, and energy projects. And Jeff Mackenthun, the Principal in Charge, is an experienced NEPA practitioner with 28 years of experience planning, permitting, and constructing large-scale infrastructure projects across the Midwest.

As a complex Project with high public visibility, the Project will likely have a significant number of cooperating and participating agencies as well as great interest from the public. This level of engagement requires extremely efficient Project and document management and well-designed and implemented cooperating agency and public involvement plans to maintain the proposed schedule and maximum page limits. The Merjent team includes Peter Rocco and Jo Render, who will provide Project coordination, public involvement, and documentation management to the USACE. Mr. Rocco and Ms. Render have over

40 years of experience providing project management and document support services.

The two most technically complex components of the proposed Project will be the CWA Section 404 permitting and the hydrologic and hydraulic modeling. The preparation of these sections will require familiarity with the USACE public interest review requirements, USACE Section 404(b)(1) guidelines, the

USACE’s 2018 Hydrologic Modeling Guidelines for Regulatory Permit Actions Final Technical Report and

Checklist, and the Platte River Basin water uses, return flows, and water supply interconnections. Water

Resources Lead Scott Airato has 23 years of Nebraska engineering and water rights and water use experience. USACE Permitting Lead Emily Nelson has 20 years of environmental consulting experience with a specialty in USACE permitting.

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SECTION 3. CORPORATE OVERVIEW

Bidder Identification and Information

Full Company Name: Merjent, Inc.

Company Headquarters Address: 1 Main Street SE, Suite 300, Minneapolis, Minnesota 55414

Entity Organization: S-Corporation

State Incorporated: Minnesota

First Year Authorized to do Business: 2004

Federal Employer Identification Number:

Merjent was incorporated in August 2004 as MERJ Consulting, Inc. and the name was formally changed to Merjent, Inc. a few months later.

Financial Statements

Please see Attachment D for a copy of Merjent’s financial statements.

Banking Reference:

Merjent does not have any pending or expected litigation.

Change of Ownership

Merjent may add minority shareholders during the next 12 months, but an overall change in ownership to an outside firm will not occur.

Office Location

Company Headquarters Address: 1 Main Street SE, Suite 300, Minneapolis, Minnesota 55414

Licensure

Merjent has and will maintain all necessary licensures during the term of the Project.

Relationships with the State

Merjent has not had any dealings with the State of Nebraska over the previous five years.

Bidder’s Employee Relations to State

Merjent does not have any parties named in our response who have been an employee of the State of

Nebraska within the past 12 months.

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Contract Performance

Merjent has not had a contract terminated for default or convenience in the past five years.

Summary of Bidder’s Corporate Experience

Company Overview

Founded in 2004 in Minneapolis, Minneapolis, Merjent provides a wide range of engineering, environmental, field, and restoration services across the U.S. in the pipeline, power generation and transmission, renewable fuels, water, and transportation sectors, including third-party contractor support. We have a staff of more than 200 environmental, engineering, regulatory compliance, and project management consultants whose mission is to “promote an environment where people and projects succeed.”

Galileo Project, LLC (Galileo) joined Merjent in 2024, adding specialists in public involvement and facilitation, environmental law, information management, and administrative support. Galileo, experts in project management assistance, will maintain the decision file, provide communication and coordination support, perform technical writing and editing, lead the NHPA Section 106 process, implement public and stakeholder engagement services, and assist technical staff with deliverables. Together, we are prepared to perform the wide variety of environmental review and public engagement tasks that are managed under NEPA.

Project Experience

Merjent understands how the regulatory review process proceeds, the steps involved, and the expected resource issues that may be encountered for this Project. We are experienced in the efficient review of resource reports and quickly resolving any conflicts with USACE regulatory guidance.

We understand how to provide impact assessment and analysis per resource, consider direct and indirect impacts per Project plans, and analyze additional information USACE or state regulatory agencies may request. In these efforts, our objectives will be the same as the USACE’s: to complete environmental analyses that are high quality, thorough, and defensible under prescriptive regulatory timelines, and to manage the review processes prescribed by environmental laws and agency regulations – all with the goal of promoting accessible and transparent public due process. Combined, the three projects described

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below are the most recent, relevant projects highlighting our third-party EIS, CWA Section 404, and familiarity with the Platte River Basin water uses, return flows, and water supply interconnections.

Lake Powell Pipeline Project EIS | Bureau of Reclamation

The Lake Powell Pipeline Project is a proposed 140-mile, 69-inch-diameter water delivery pipeline that begins at Lake

Powell near Glen Canyon Dam in Page, Arizona, and ends at

Sand Hollow Reservoir near St. George, Utah. The Bureau of

Reclamation (Reclamation) was the lead Federal agency for the development of the EIS.

Merjent, through the Galileo Project division, provided project management assistance coordination services to

Reclamation and the Bureau of Land Management (BLM) for the EIS process, and the BLM Resource Management Plan

Amendment (RMPA) NEPA process, and for the overall

Section 106 and Section 7 processes. Merjent assisted with coordination of executive level meetings within the Department of the Interior (DOI), DOI Cooperator meetings, Section 106/PA Consulting Party meetings, Section 7/Biology Workgroup meetings, and resources specific meetings. Merjent planned and executed the public scoping process for the RMPA held during the original Federal Energy Regulatory Commission (FERC) process as well as for Reclamation’s EIS, consolidated scoping comments, and prepared the Scoping Report. Merjent assisted with Tribal mailings and communication; editing and formatting the Programmatic Agreement; and maintained the Tribal

Consultation Database. Merjent also maintains the Reclamation and BLM decision files, which required the initial processing of a 7-year backlog of documents.

Prior to joining Merjent in February 2025, Project Manager Jared Baxter managed the interdisciplinary team for Reclamation in preparation of the EIS, managed the EIS contractor author team, coordinated document preparation and reviews, and supported Reclamation management in all aspects of the NEPA compliance process.

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TC Energy ANR Pipeline Heartland Project | USACE Permitting and Section 7 and Section 106

Consultations

Merjent is currently supporting ANR Pipeline, a subsidiary of TC

Energy, with environmental services for the Heartland Project, which includes construction of 68.9 miles of new pipeline and replacement of 1.5 miles of existing pipeline along existing ANR lines in Wisconsin and Illinois. Proposed project facilities will include construction of three new compressor stations and two new meter stations, plus modifications to an existing compressor station and three meter stations in Illinois and Wisconsin. Major permits, authorizations, and consultation Merjent is responsible for obtaining include a FERC Section 7(c) certificate, USACE

Chicago and St. Paul Districts CWA Section 404 authorizations, Wisconsin Department of Natural Resources Individual Permit, Illinois Individual Water Quality Certification, and ESA Section 7 and Section 106 consultations. In addition, Merjent is responsible for completing environmental surveys for the project.

Central Nebraska Public Power and Irrigation District Environmental Assessment for FERC

Non-Capacity Amendment of License

Prior to joining Merjent in May 2025, FERC Chicago Regional

Office Branch Chief Scott Airato coordinated the Flood Surcharge

Evaluation and Water Quantity Evaluation for the FERC Division of Dam Safety with the FERC Division of Hydropower

Administration and Compliance to inform the Environmental

Assessment for the Non-Capacity Amendment of the Project

Boundary. The water resource analyses associated with this were to determine what lands would be affected by a sudden or rapid rise in pool elevation resulting from significant inflows surcharging into the system, failure of a system component, or operating error. This included evaluations of project operations during passage of the Inflow Design Flood at Jeffrey Canyon, for passage of the Probable Maximum Flood at Johnson Lake Dam, 7 | M e r j e n t , I n c .

and to verify canal capacity requirements for water volumes potentially retained between the Central

Nebraska Public Power and Irrigation District’s (Central’s) gates and dams and whether the proposed surcharge elevations associated with the additional lands proposed to be included within an amended project boundary were accurate and acceptable for safe project operations.

Work with staff from Central for additional information and project operation understanding was key to ensuring accurate analyses. Central, licensee for the Kingsley Dam Project FERC Project No. 1417, coordinates operations for irrigation and power production purposes with the North Platte Keystone

Diversion Dam Hydroelectric FERC Project No. 1835, located between the upper and lower project works of the Kingsley Project. Water released from Central’s Lake McConaughy flows directly to the Keystone

Diversion Dam of Project No. 1835, a portion of which flows into the Nebraska Public Power District’s

(NPPD’s) Sutherland Canal and then returns to the South Platte River through NPPD’s canal system just south of North Platte, Nebraska. Central’s Diversion Dam diverts water from the Platte River just below the confluence of the North and South Platte Rivers into a 75-mile-long Supply Canal ultimately delivering water to three main irrigation canals, E65, E67, and Phelps. As water travels through the Supply Canal, it produces power at Jeffrey Canyon, Johnson No. 1, and Johnson No. 2 powerhouses. The Supply Canal contains lengths of constructed canal embankments and sections of canal constructed as an excavated channel with higher natural banks. Flows and water levels in the Supply Canal are controlled by a series of radial gate check structures and siphonic spillways. The FERC license includes specific articles related to instream flows and water conservation and supply efforts in the Platte River Basin requiring an annual

Environmental Account stored and delivered from Lake McConaughy.

Central filed a non-capacity amendment of license application requesting FERC approval to modify the project boundary based on an analysis of which existing lands and shorelines around the project reservoirs are needed for project operation and maintenance and other project purposes, including public recreation, protection of environmental and cultural resources, shoreline control, shoreline erosion and stabilization, and flowage.

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TABLE 1 – Additional Project Experience

Project Name EIS EA

Corps is Lead or

Cooperating Agency

Section

Wetland Permitting BA

T&E Species/ Section 7 Consult

Cultural/ Section 106

Tribal Coordination Water Use

Multi- State

Atlantic Coast Pipeline and Supply Header Project • • • • • • • Bay Delta Conservation Plan* • • • • • Big Sandy Reservoir Enlargement* • • • • • • • California High-Speed Rail* • • • • California WaterFix* • • • Delta Conveyance Plan* • • • • Driftwood Line 200 and Line 300 Project • • • • Green River Block Water Exchange Contract* • • • • • Grainbelt Express • • • • • • • High Plains Project • • • • Lake Powell Pipeline • • • • • • • • • Lava Ridge • • • • • • • • Leidy Southeast Expansion Project • • • • • Milwaukee County North South Bus Rapid Transit* • • • Northeast Supply Enhancement Project Amendment • • • • • Ohio Department of Transportation • • Ruby Pipeline Project • • • • • • • Sierrita Pipeline Project • • • • Southeast Market Pipelines Project • • • • • • • Southside Reliability Enhancement Project • • • • • TC Energy ANR Pipeline Heartland Project • • • • • • TC Energy ANR Pipeline Wisconsin Reliability Project • • • Washington County Regional Reuse and Purification System • • • • • • • WisDOT I-41 Appleton to De Pere* • • • • Wolf Creek Reservoir • • • • • • •

* Work completed by staff member prior to joining Merjent

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Summary of Bidder’s Proposed Personnel/Management Approach

Merjent has assembled an experienced and knowledgeable team of environmental professionals to efficiently assist the Nebraska Department of Natural Resources and the U.S. Army Corps of Engineers.

Project Manager Jared Baxter will be the primary contact and can be reached at or

Additional members of our Project Management team include Principal in Charge, Jeff Mackenthun and

Deputy Project Manager, Rebecca Sloan (see biographies of our Project Management Team on the following pages). Our Project Management team will be supported by a deep bench of resource and technical specialists who have experience working on large, complex projects including Water Resources

Lead, Scott Airato and USACE Permitting Lead, Emily Nelson. Mr. Airato has 23 years of Nebraska engineering and water rights and water use experience and Ms. Nelson has 20 years of environmental consulting experience with a specialty in USACE permitting (see additional qualifications in Table 1 below).

An organizational chart of our full team (see Figure 1 below), biographies of our Project Management team, and summaries of key personnel are provided on the following pages. Please see Attachment E for resumes and references for our entire team.

Subcontractors

Merjent can perform all tasks in-house and will not require subconsultants.

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FIGURE 1: Organizational Chart

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Project Management Team

Jared Baxter | Project Manager

Mr. Baxter is a Senior Project Manager with more than eight years of experience in the federal permitting process, specializing in NEPA compliance. Mr. Baxter began his career as a NEPA specialist for the Bureau of Reclamation and managed the NEPA process for high-profile and complex projects, including the $2 billion Lake Powell Pipeline Project. He has managed teams reviewing

NEPA documents, conducted public meetings, and routinely coordinated with Federal and State agencies regarding NEPA compliance. Mr. Baxter is also an expert in biological resources, having completed multiple ESA Section 7 consultations.

Rebecca Sloan | Deputy Project Manager

Ms. Sloan is a Senior Project Manager and Biologist with 17 years of experience managing and writing technical analyses in compliance with the ESA, NEPA, and CWA for water, transportation, and energy projects led by the U.S.

Army Corps of Engineers, Bureau of Reclamation, Bureau of Land Management, and the U.S. Forest Service. Ms. Sloan has a broad background in aquatic and terrestrial systems and has expertise in impact analyses, minimization and mitigation planning, and agency coordination and negotiation, especially for large-scale, publicly visible, multi-agency projects where site access during planning is not feasible.

Jeff Mackenthun | Principal in Charge

Mr. Mackenthun has nearly 30 years of experience planning, permitting, and constructing energy infrastructure projects. He specializes in mid- to large-scale oil and gas pipeline and electric transmission projects across the U.S. and divides his workload between federal agency third-party contractor services and client-based services. As a federal contractor, Mr. Mackenthun completes NEPA reviews and develops EAs and

EISs to support NEPA and federal decision-making processes.

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TABLE 2 - Key Personnel and Experience

Name / Role Years of

Experience Education Experience Highlights

Scott Airato, PE Water Resources Lead

23 M.S., Civil Engineering, Youngstown State University, 2002 B.S., Civil Engineering Youngstown State University, 1999

• Former FERC Branch Chief who oversaw dam safety engineering for hydropower projects

• Specializes in water resources with experienced understanding of how water is stored, accounted, and delivered in NE

• Mutli-faceted experience with the license amendments, design, construction, flood/volume frequency, hydrology, and seasonal operation of all three

FERC-regulated canal and hydropower projects in NE. Construction reviewer and inspector for repairs to several NE hydropower canal failures

Emily Nelson USACE Permitting Lead

20 B.A., Biology, University of Wisconsin, Superior, 2005

• Environmental review and permitting specialists for projects of various sizes located throughout the Midwest

• Manages and authors environmental permit application submittals for linear pipeline projects

• Authors USACE Sections 404, 408, and 10 Pre-Construction Notifications, Individual Section 401 Water Quality Certificate applications, NPDES

Stormwater permits and plans, and other local floodplain, levee, and erosion control permit applications

• Coordinates acquisition of USACE authorizations across multiple districts, as well as permit approvals in various states

Michael Brack Cultural Resources Lead

30 M.A., Anthropology, Wichita State University, 1999 B.A., Anthropology, Wichita State University, 1995 Courses in Engineering, Texas A&M University, 1990

• Cultural Resource Specialist with experience archaeological and historical projects and research throughout the Midwest and West for linear projects

• Directed dozens of surveys, data recovery, and preservation projects meeting municipal, state, tribal, and federal regulatory compliance, and he has authored or edited well over 100 technical publications

• Knowledge of regulatory frameworks under NEPA and the NHPA

• Strong relationships with government clients, including the USACE, BLM, Reclamation DOTs, and tribes

Leslie TeWinkel Biological Resources and Biological Assessment Lead

26 Ph.D., Natural Resources and the Environment, University of Michigan, M.S., Ecology, Evolution, and Behavior, University of Minnesota, B.S., Biology, Calvin College, 1985

• Senior Biological Resource Specialist with experience on numerous large-scale linear projects, including pipelines, electric transmission lines, and transportation projects

• Manages biological assessments, EISs, EAs, migratory bird conservation plans, avian and bat protection plans, and bald eagle disturbance permit applications

• Led consultations for federal and state natural resource agencies, including the BLM, USFS, and USFWS

• Conducted and managed survey efforts for federal- and state-protected species

• Served as a Recovery Plan Coordinator for the USFWS – Region 3 Regional Office

Katie Hill Brandt, PE Air Quality and Noise/Greenhouse Gas Lead

18 B.S., Chemical Engineering, Northwestern University, 2003

• Nebraska Engineer in Responsible Charge (E-13493)

• Air quality specialist focusing on air permitting and compliance for industrial facilities throughout the U.S. with a focus on the Midwest, including

Nebraska

• Expertise includes air permit negotiations, air dispersion modeling, and Best Available Control Technology (BACT) analyses, on-site stack testing management assistance, and Engineering Reviews and Quality Assurance Plan audits in accordance with the U.S. EPA Renewable Fuel Standard Program

Casey Callahan Socioeconomics Lead

20 Master of Urban and Regional Planning, Virginia Tech, 2005 B.A., Urban and Community Studies, University of Connecticut, 2003

• Senior Project Manager with over 20 years of experience in planning and permitting energy projects throughout the U.S., with a focus on the Midwest

• Specializes in third-party NEPA reviews; social and economic impact assessments, including environmental justice (EJ) assessments in support of NEPA reviews; stakeholder engagement; and federal, state, and local regulatory applications

• Extensive experience with permitting and regulatory compliance for the construction, operation, and maintenance of large, multi-state pipeline projects with a focus on the eastern and midwestern portions of the country

Josh Petersen, PE Water Quality Lead

18 BS, Civil Engineering, Iowa State University, Ames, Iowa, 2007

• Licensed professional engineering in 15 states with a focus on water resources and heavy civil projects

• Expertise includes water resources, hydrology and hydraulic modeling, stream restoration, floodplain regulation and permitting, stormwater permitting and regulation, hydropower and dams, and implementation and construction

• Experience with water resources, hydropower, pipeline, power, and private/public development related projects across the United States, with a tailored focus in the Midwest

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TABLE 2 - Key Personnel and Experience

Name / Role Years of

Experience Education Experience Highlights

Peter Rocco Project Management Assistance Coordination

21 B.S., Renewable Natural Resources, University of Arizona, 1997

• Senior Project Manager with 21 years of experience in public outreach, project and event management, 14 years of experience specifically in NEPA related permitting and compliance monitoring

• Specializes in providing project management assistance support for NEPA analysis on complex multi-agency multi-state linear and water projects with a focus on southwest and western portions of the country.

• Extensive experience with project start-up and establishing communication and coordination protocols, meeting management, project record maintenance, public involvement planning, and team support

Jo Render Project Management Assistance Coordination

20 M.A., Energy Regulation and Law, Vermont Law School, 2019 M.A., International Studies, University of South Carolina, 1992 B.A., Political Science and Economics, LeMoyne College, 1987

• Senior Project Manager with experience in NEPA permitting, social impact and risk assessment, and public engagement

• Currently managing the Department of Energy’s Grain Belt Express Transmission Line Project EIS and the Bureau of Land Management’s Lava Ridge

Wind Project EIS, providing project management and consulting support including planning and meetings management, agency coordination, public involvement, project record management, and NHPA Section 106 support

• Provides similar support for state-level permitting projects and federal agency-led construction compliance activities

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Team Interface, Support Function, and Reporting Relationships

Our teams include the highest level of management within the company and include project managers, technical staff, and administrative support staff. We recognize the importance of team consistency and reliability. We are dedicated to maintaining our project teams throughout the duration of our projects and strive to assign team members with specific experience in the Project area. We are straightforward with our clients if an unexpected circumstance necessitates a change in the Project team.

Project Management: Larger‐scale projects are staffed with a Project Manager and a Deputy Project

Manager. These individuals are responsible for day‐to‐day communication with the client, management of technical staff assigned to the Project, budget and final invoicing review, and ultimate Quality

Assurance and Quality Control (QA/QC) of all deliverables. Project managers are also responsible for developing high‐level strategies with the client or agency, and for interaction with client or agency management and with the public when appropriate.

Although the amount of time these tasks can take will vary by project, it is generally 15 to 25 percent of a project budget. Merjent believes in empowering our managers to be flexible to the needs of the client and to seek out ways to develop quality work products that will reflect positively on the client, while also meeting the Project schedule and budget, all without sacrificing quality. If the scope demands it, Merjent can dedicate management staff to a client to ensure that all issues are given priority over other work.

Project Coordination: Once a project has been initiated, project management and technical staff meet to establish the processes, schedules, budgets, and other expectations. Then, recurring meetings will occur, as needed, to provide project updates, discuss issues at hand, and revisit project progress. Common items addressed over the life of a project include, but are not limited to real-time schedule, budget, and workload control, as described below.

We operate all projects with the understanding that maintaining the schedule is critical to our clients’ success. We commit to meeting firm deadlines without sacrificing quality. Once a schedule is established, project Managers assign hours to staff within Deltek VantagePoint, an accounting, project management, and cost‐tracking and reporting tool that we use to track project schedules, budget, and workload.

Project Managers and technical staff can access up‐to‐date information on job spend, hours worked, and progress toward task and overall project completion. Project Managers are also able to evaluate each team member’s other projects or tasks within the company to head off any instances of over-commitment.

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Budget Tracking: Merjent issues invoices monthly; however, Deltek VantagePoint allows the Project

Manager to access real‐time budget progress once each staff member enters daily time on their timesheet. This allows project managers to quickly address spending anomalies or areas of concern before they become issues, as well as to ensure that the project can be completed on or under budget. If out of scope issues arise, the Project Manager will clearly communicate the need for a change order to the client so that both parties can agree to a revised scope, before the change occurs.

Client Interaction: When it comes to client interaction, more is better. We establish trusting relationships early in the process, and build on those relationships every day through honest, constructive communication. Establishing clear lines of communication and maintaining meeting minutes and action items will facilitate good communication and eliminate duplicative efforts, unnecessary work, and potential delays. Open communication also lends itself to higher levels of customer service and satisfaction. We also view interaction with any cooperating agency or stakeholder, including members of the public, as “client interaction” and apply our company values to all parties. We will establish points of contact and communication protocols with stakeholders early on and maintain communication throughout the Project.

Quality Assurance/Quality Control: We pride ourselves on attention to detail and the quality of our professional services and deliverables. Our team members maintain necessary certifications and training, seek professional development opportunities, and keep current with best practices. We ensure that the documents we prepare are accurate, clear, and consistent, and that all aspects of the Project, from staffing to cost controls and schedule, are carefully considered and managed to facilitate Project success and achieve the high level of QA/QC expected by our clients.

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SECTION 4. TECHNICAL APPROACH

Understanding of the Project Requirements

Our team has considered the Project goals and scope, as outlined in the RFP, and determined there are several critical requirements that must be considered in completing the Project. An approach that anticipates and effectively addresses these critical requirements will be key to a successful outcome.

NEPA Preparation. The EIS document will be prepared consistent with the June 30, 2025, Department of

Defense NEPA Implementing Procedures and the July 3, 2025, NEPA implementing regulations for USACE projects. As such, the NEPA team, where appropriate, will include: supporting environmental documents by summarizing and then referencing; where directed, use cost-benefit analyses to the inform the alternatives analysis; minimize the use of new technical research unless deemed essential to the alternative analysis by the USACE; prepare environmental documents required by other federal laws concurrently with, and integrated with, the EIS; support cooperation with Tribes, states, and local agencies so that relevant analyses and document can be included in the EIS, if so directed by the USACE; and, apply the 150-page limit and a two-year maximum for EIS preparation, unless otherwise excepted.

Project Management Assistance and Coordination. Experienced project management is key to a successful EIS process. Merjent will oversee and manage, in coordination with the USACE, all necessary components of the EIS process including: team, schedule, meeting, and budget management; planning and implementing public and stakeholder scooping meetings; managing all aspects of government-to-government Tribal consultations; maintaining comment and response and data gap databases; and, capturing the administrative record.

NeDNR and Cooperating Agency Coordination. Close coordination with NeDNR and the cooperating agencies is important for data collection and decision making. Because of the size and complexity of the

Project, we assume there will be quite a few cooperating agencies with whom the USACE will need to coordinate. Merjent has staff with specialized experience establishing communication and coordination protocols for large-scale, multi-state, multi-agency NEPA analysis efforts. Our team will help the USACE team prepare for meetings and document the process so agency staff can focus on reviewing technical information and decision making, and NeDNR and the technical team can focus on analysis preparation.

Public Involvement and Participation. This Project is expected to have significant public interest. Effective public meetings should be informative and provide a diversity of opportunities for in-person and virtual attendees to comment. To maintain the schedule, comments will need to be quickly reviewed and, where

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reasonable, integrated into the EIS. Merjent’s team is expert at public meeting logistics and comment response management and will help the USACE ensure a successful public engagement process and an efficient review and integration of comments.

CWA Section 404 Permitting. Merjent understands that an individual permit issued by USACE’s Omaha

District will be required to authorize Project-related dredge or fill in regulated waters. Therefore, it is imperative that the NEPA effort weaves together the needs of an individual permit application that meets the requirements of the USACE public interest review and complies with CWA Section 404(b)(1)

Guidelines, along with the requirements of NEPA, ESA, NHPA, and all other applicable environmental laws, regulations, and policies.

Hydrologic and Hydraulic Modeling. While the EIS will evaluate the environmental effects of Project construction, operation, and maintenance, it is the operational component of the effects analysis that will be most complex and closely scrutinized. In particular, the water resources analysis will have to assess impacts of Project operation on Colorado and Nebraska water rights and water supply along the South

Platte and Platte Rivers between the diversion and an agreed upon downstream location. The analysis will compare existing and future hydrologic conditions and discuss the potential adverse and beneficial effects to agricultural, drinking water, power, and ecosystem/habitat water uses.

To inform the water resources analysis, hydrologic and hydraulic modeling will be conducted using the appropriate USACE Hydrologic Engineering Center tools and methodologies. The modeling will likely incorporate canal and reservoir operations, irrigation and non-irrigation seasons, water year types, and projected climate change scenarios. It will be calibrated and validated using historical data and will include sensitivity analyses to evaluate uncertainty. Stakeholder input and coordination with relevant federal, state, and local agencies will be integrated throughout the modeling development process to ensure transparency, technical soundness, and regulatory compliance.

Proposed Development Approach

The proposed development approach is consistent with the June 2025 Department of Defense NEPA

Guidance document and the July 3, 2025 NEPA implementing regulations for USACE projects. Specifically, Merjent will assist the USACE in implementing the following key steps in the NEPA process.

• Data collection and agency scoping. During the first two months of the contract, the

Merjent team will meet with the USACE, NeDNR, and cooperating agencies to collect and evaluate existing information and to identify topics of concern and data gaps in support

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of the USACE’s decision regarding the sufficiency of the Project proposal to allow for meaningful public comment.

• Public involvement and participation plan. During the data collection and agency scoping phase, Merjent will develop a public involvement and participation plan that will be reviewed and approved by the USACE prior to public scoping.

• Publish the notice of intent (NOI). Once the Project proposal is deemed sufficiently developed, Merjent will assist the USACE in publishing the NOI in the Federal Register.

Per the RFP, the goal is to publish the NOI in November 2025. The publication of the NOI is assumed to begin a 30-day comment period. The date of NOI publication is also the start date of the two-year window within which the EIS is to be completed (unless otherwise provided through extension).

• Public scoping. Merjent will assist the USACE in all aspects of the planning and implementation of the public involvement and participation plan, including all logistics associated with in-person meetings and follow up tasks related to comment and response tracking.

• Draft Environmental Impact Statement (DEIS). The Merjent team will draft the EIS, consistent with the Section 404(b)(1) Guidelines and all other relevant federal regulations, for review by the USACE, NeDNR, and cooperating agencies. Unless otherwise directed by the USACE, the EIS will meet the required 150-page limit.

• Publish the Notice of Availability (NOA) of the DEIS. Once the USACE agrees the DEIS is sufficient for public review, Merjent will assist the USACE in publishing the DEIS in the

Federal Register. The publication of the NOA is expected to occur in November 2026 and the public comment period associated with the NOA is assumed to be a minimum of

45 days.

• Public meetings. As noted above, Merjent will assist the USACE in implementing its public involvement and participation plan during this second public comment period.

• Final Environmental Impact Statement (FEIS). Merjent will work with the USACE, NeDNR, and cooperating agencies to draft the FEIS in response to public comment. The EIS is expected to be final in November 2027.

• Record of Decision (ROD) and CWA Section 404(b)(1) compliance determination. Merjent will use the FEIS to write the ROD and determine compliance with CWA Section 404(b)(1).

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The ROD and Section 404(b)(1) compliance determination will be finalized after the FEIS has been published.

Technical Considerations

The most important technical considerations are: identifying data gaps early; ensuring integration of all

CWA requirements into the NEPA process; and developing a hydrologic model that will inform impacts to water resources.

Data gaps. Data gaps should be identified by the Project management and interdisciplinary teams as early as possible to avoid delays in the Project schedule. Data gaps related to on-the-ground surveys or modeling are the most important to identify very early in the planning process as these types of data can take the longest to prepare or collect. Merjent’s interdisciplinary team members will work with USACE to identify whether field surveys will need to be conducted, and subsequently, the correct survey protocols for their resource. It is anticipated that aquatic, biological, and cultural surveys will be required to comply with the CWA, ESA, and NHPA, respectively. Other potential survey needs could include recreation surveys. However, it’s possible that some or all of the needed data has already been collected by the

Project proponent or could be collected between ROD and construction.

The need for modeling to evaluate impacts to a particular resource can also introduce delays in the Project schedule if not accounted for appropriately. For example, one or more modeling exercises will be required to inform the impact analysis on water resources. Hydrologic modeling will be needed to inform the water rights and water use impact discussions and would likely be used to inform impact discussions for rare species (e.g,. the whooping crane (Grus americana), the northern Great Plains population of the piping plover (Charadrius melodus), and the pallid sturgeon (Scaphirhynchus albus)). Floodplain modeling may be needed to assess health and safety concerns as well as geomorphological impacts. Habitat modeling for rare species could be used to evaluate the potential impacts to habitat in lieu of on-the-ground surveys. Visual simulations may be required to adequately assess the changes in aesthetics of the Project area. Visual simulations could be especially important to the consultation process under Section 106 of the NHPA when evaluating effects on archaeological resources in the indirect area of potential effect. The potential use of these models in the NEPA process will be discussed with the USACE and NeDNR management teams as early in the schedule as possible.

CWA Section 404 permitting. Merjent is familiar and experienced with permitting within numerous

USACE Districts, including Omaha. Both the NEPA and Section 404 processes focus on a balance of resource impacts and Project need, the evaluation of alternatives, the assessment of impacts to resources, 20 | M e r j e n t , I n c .

and required mitigation. One of the main goals of the NEPA document will be to ensure it incorporates the correct information to meet the USACE public interest review requirements and CWA Section

404(b)(1) Guidelines. The following details will be important to include in the NEPA document:

• Clearly defined Project purpose and proposed Project details. The Project purpose is very important to the CWA Section 404 permitting process, as it is the main source to determine whether an alternative is practicable. If the Project purpose is not well defined, it allows the possibility of disagreements with regards to the practicability of avoidance alternatives. Merjent recommends finding an underlying purpose and need statement within the NEPA document that also satisfies the USACE Section 404(b)(1) Guidelines Project purpose.

• Practicable alternatives, including the proposed action, no action alternative, and two additional alternatives consistent with the USACE Section 404 (b)(1) Guidelines. Alternatives should include the same information as the proposed action and consider on-site and off-site alternatives, should be feasible after taking cost, logistics, existing technology, and the overall Project purpose into account and should include activities which do not involve discharge of dredged/fill material into

Waters of the U.S. (WOTUS), as well as different discharge amounts and discharges at other locations in WOTUS. Consistent with the USACE Section 404 (b)(1) Guidelines, Merjent recommends keeping the range of alternatives more specific and providing more detail, to meet the USACE Section 404 (b)(1) Guidelines. Costs are important in the USACE Section 404 permitting process and include all Project costs, not just construction cost, to a detail allowable for alternative comparison. Merjent recommends the NEPA document include up-to-date costs and as much detail as possible to satisfy the USACE Section 404 (b)(1) Guidelines. Demonstration of avoidance and minimization of discharge to WOTUS is important within each alternative. In addition, the Practicable alternatives analysis should clearly identify direct, indirect, and cumulative impacts associated with each alternative. This is typically done in conjunction with alternative development, to ensure the selected alternatives are practicable. Merjent understands that the practical alternatives analysis must consider the Least Environmentally

Damaging Practicable Alternative. Direct aquatic impacts should include the level of detail required in a USACE Section 404 application, including: acres, linear footage, and square footage of temporary, permanent (loss of water), and conversion (forested or scrub-shrub wetlands);

impacts, cubic yards of fill, wetland habitat (emergent, scrub-shrub, forested); and, stream flow

(ephemeral, intermittent, perennial, non-relatively permanent water or relatively permanent water). In addition to aquatic impacts, the USACE Section 404(b)(1) Guidelines considers other

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environmental impacts. An example is an alternative with the least amount of aquatic impacts but the largest terrestrial endangered species impacts; this will be taken into consideration during the USACE’s review. The USACE Section 404(b)(1) Guidelines focus on secondary effects, which are similar to the indirect effects discussed in NEPA documents. Cumulative impacts should be predicted to the best degree possible.

• A mitigation plan that compensates for proposed impacts to WOTUS and follows the tiered mitigation approach per the USACE Section 404(b)(1) Guidelines: 1) Mitigation Banking; 2) In-Lieu

Fee Program Mitigation; and 3) Permittee responsible mitigation (on-site or off-site). Merjent recommends mitigation planning and strategies early in the NEPA document process.