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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/or 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 /> 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 13-13). 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 i•n accordance with <br /> 14 <br />