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Exhibit 40 - Rail Loadout at Jansen <br />Figure 2. As the site consists of alluvial gravels, infiltration of stormwater will be high and the <br />small area of the site (10.5 acres) will reduce runoff potential. This alternate sediment control <br />will eliminate runoff from a 10 year 24 hour storm. <br />NECC expects minimal earth work since the site is already acceptable for loadout operations. <br />There will be minimal excavation for the conveyor footings. Table 2 lists the different sizes of <br />footings for the conveyor which will be installed to a depth of three feet below grade. The <br />material excavated for the footings would be used to backfill around the footings and the <br />remaining material distributed evenly around the site so no barriers or pooling will occur during <br />weather events. <br />No fuel or other hazardous materials will be stored on the site. Any needed fuel for the front - <br />end loader or other materials to be used during operations will be imported as necessary. <br />The existing Jansen railroad building is located in northeast corner of the site (Figure 2). The <br />building is approximately 16 feet by 30 feet and will be used as a site office and for restroom <br />facilities. The specific date of construction is unknown, however, the building has been on this <br />site for at lease 40 years. This building is served by City of Trinidad water and has a septic <br />leach field for domestic waste water disposal. The building will remain onsite as a permanent <br />structure after coal loadout operations have been completed. <br />In accordance to Rule 4.02 signs would be posted in appropriate locations. There will be a sign <br />posted at the front gate identifying NECC as the operator and address, facility name, permit <br />number and the Division of Reclamation, Mining, and Safety (DRMS) phone number, as well as <br />perimeter signs around the permit boundary. Since the site is relatively flat, the perimeter signs <br />would be space approximately every 200 to 300 feet in line of sight of each other. <br />Table 2 Equipment, Associated Facilities, and Structure Dimensions <br />Equipment, Associated <br />Facilities, and Structures <br />Dimension /Number <br />Truck Weight Station <br />Approximately 15'x 40' <br />Retaining Wall <br />1' in width, 5' high with a 4' wind screen, and length is 475' <br />Coal Stockpile Area <br />Approximately 75'x 300' <br />Conveyor <br />Length is approximately 2,740' <br />Conveyor Footings <br />16 footings that vary in three different sizes (4.5' x 4.5', 7.5' x <br />7.5', and 12.5' x 12.5' installed to 3" below grade) <br />Feed Hopper <br />Approximate dimensions - length 20.5' height 16' width 15' <br />Loadout Bin <br />Approximate dimensions - length 38' height 40' width 35' <br />New Railroad System <br />Approximately 4,550' of new standard gauge rail <br />January 2011 7 <br />