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<br />2. Construction of the principal and emergency spillways as shown <br />on Exhibit 13-15. <br />3. Modify the embankment to provide for 3h:ly slopes on both the <br />upstream and downstream. <br />All material excavated from the ponding area and adjacent areas as a <br />result of the above remedial action, will be placed in one of the <br />following locations as determined by Peabody's field engineer during <br />construction: <br />1. The material will be tested for suitability as a plant growth <br />medium, and, if suitable, be placed in an appropriate topsoil <br />stockpile or direct hauled and used in a reclamation area. <br />2. If the engineer determines the material to be suitable for <br />embankment material, the material will be placed and compacted <br />within the 3:1 slopes of the embankment. <br />3. If the material is excessive or not suitable for use within <br />the 3:1 slopes of the embankment, the material will be placed <br />outside the plane of the 3:1 slopes on the downstream side of <br />the embankment, graded into the surrounding topography, and <br />reclaimed in accordance with Peabody's reclamation plan. This <br />excessive material will increase the stability of the <br />embankment by increasing the overall width, flattening the <br />downstream slopes, and/or reducing the downstream embankment <br />height. In addition, this material is in close proximity of <br />the ponding area when final reclamation of the pond is <br />required. Based on the field conditions encountered at the <br />time of construction, the field engineer is allowed enough <br />flexibility to dispose of the material in an acceptable <br />manner. <br /> <br />Water stored in the ponding area and water inflows during <br />construction will be bypassed in. accordance with the requirements <br />of Nucla's NPDES permit. In order to perform the above remedial <br />compliance work, the water will be pumped and/or diverted <br />downstream as long as the water quality does not exceed Nucla's <br />effluent limitation requirements in the NPDES permit. Peabody will <br />notify the appropriate regulatory agencies in accordance with the <br />bypass notification provision in Nucla's NPDES permit. <br />14 <br />