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Water stored in the ponding area and water inflows during <br />• construction will be bypassed in accordance with the <br />requirements of Nucla's NPDES permit. In order to perform the <br />above remedial compliance work, the water will be pumped <br />and/or diverted downstream as long as the water quality does <br />not exceed Nucla's effluent limitation requirements in the <br />NPDES permit. Peabody will notify the appropriate regulatory <br />agencies in accordance with the bypass notification provision <br />in Nucla's NPDES permit. <br />If the water exceeds the effluent limitations requirements of <br />the NPDES permit, Peabody will retain the water within the <br />permit area until it meets effluent limitations requirements <br />by one or a combination of the 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 <br />area. <br />• 4. Utilize the water for sprinkler irrigation on the <br />reclamation areas to increase the soil moisture. <br />5. Reduce the discharge rate and/or install dentention <br />structures such as silt fence or hay bales at the <br />discharge location. <br />Whether 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 13-14). 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 wil] 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 />14 <br />