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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 /> 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 />