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• Water stored in the ponding area and water inflows during construction <br />will be bypassed in accordance with the requirements of Nucla's NPDES <br />permit. In order to perform the above remedial compliance work, the <br />water will be pumped and/cr diverted downstream as long as the water <br />quality does not exceed Nucla's effluent limitation requirements in the <br />NPDES permit. Peabody will notify the appropriate regulatory agencies <br />in accordance with the bypass notification provision in Nucla's NPDES <br />permit. <br />If the water exceeds the effluent limitations requirements of the NPDES <br />permit, Peabody will retain the water within the permit area until it <br />meets effluent limitations requirements by one or a combination of the <br />following techniques: <br />1. Pump the water to another sedimentation pond. <br />2. Evaporation. <br />3. Utilize the water for dust control within the permit area. <br />4. Utilize the water for sprinkler irrigation on the reclamation <br />areas to increase the soil moisture. <br />• 5. Reduce the discharge rate and/or install dentention structures <br />such as silt fence or hay bales at the discharge location. <br />k'hether the pond is bypassed or the water is moved away from the <br />construction area to other areas of the permit area, Peabody will <br />minimize erosion and comply with the applicable regulations. <br />Embankment reconstruction will be conducted in compliance with CMLRD <br />regulations (see Exhibit 13-13). The existing embankment will be <br />cleared of all organic matter prior to the placement of new fill <br />material. The placing and spreading of fill material will proceed from <br />the lowest point on the embankment in horizontal layers of such <br />thickness as to allow for a minimum compaction of 93 percent of the <br />standard proctor. Fill material will be free of sod, large roots, <br />vegetation matter, coal or coal processing waste, and frozen material. <br />Both the upstream and downstream slopes of the embankment will be 3h:ly <br />or flatter. The completed embankment and surrounding disturbed areas <br />. will be seeded and revegetated to prevent erosion in accordance with <br />14 <br />