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REMEDIAL COMPLIANCE PLAN <br /> The present storage capacity and spillway configuration of Sediment Pond <br /> No. 002 are inadequate. As a result of this, Peabody proposes the <br /> following remedial actions be taken pending CMLRD approval : <br /> 1. Excavate the ponding area to provide the storage capacity <br /> shown in Table 6. <br /> 2. Construction and installation of the principal and emergency <br /> spillways as shown on Exhibit 13-13. <br /> 3. Modify the embankment to provide for 3H:1V slopes on both the <br /> upstream and downstream slopes. <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 /> 13 <br />