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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 gpality 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 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 /> 14 <br />