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Exhibit 40 - Rail Loadout at Jansen <br />Existing Jansen Railroad 16'x 30' <br />Building <br />Reclamation Plan <br />NECC plans to utilize the site for coal loading operations through 2012. At that time the coal <br />conveyor, loadout bin, and truck scale will be removed and the lease will be terminated. Any <br />remaining coal will be transported back to the mine, the equipment to be removed will be <br />dismantled and sold, and concrete footers and trash debris will be disposed at the Trinidad <br />landfill. Backfill of footer holes and minor grading in those areas will flatten the site for future <br />operations. All signs will be removed upon approval of bond release and permit termination. <br />Several features /structures would remain on site at completion of NECC coal loadout <br />operations. KVRR has requested (see Attachment 2) that the following features /structures <br />would remain after NECC operations are complete: <br />- New standard gauge railroad tracks (approximately 4,550 feet in length); <br />- Five foot high and 475 foot long retaining wall; <br />- Existing Jansen railroad building; and <br />- Perimeter berms and sediment sumps maintained on the south side of the property. <br />No topsoil handling or revegetation reclamation activities or performance standards are <br />proposed for this site and the pre - operational industrial land use will be maintained for future <br />activities by the land owner. <br />January 2011 8 <br />