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Exhibit 40 - Rail Loadout at Jansen <br />NECC performed minimal earth work since the site was already acceptable for loadout operations. <br />There was minimal excavation for the conveyor footings. Table 2 lists the different sizes of footings <br />for the conveyor which were installed to a depth of three feet below grade. The material excavated <br />for the footings was used to backfill around the footings and the remaining material was distributed <br />evenly around the site so no barriers or pooling will occur during weather events. <br />No fuel or other hazardous materials are stored on the site. Any needed fuel for the front -end loader <br />or other materials used during operations are imported as necessary. <br />The existing Jansen railroad building is located in the 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 site <br />for at least 40 years. This building is served by City of Trinidad water and has a septic eeach field for <br />domestic waste water disposal. The building will remain onsite as a permanent structure after coal <br />loadout operations have been completed. <br />In accordance with Rule 4.02 signs are posted in appropriate locations. There is a sign posted at the <br />front gate identifying NECC as the operator and address, facility name and permit number. The <br />areas affected by surface operations or facilities are identified by perimeter markers. Since the site is <br />relatively flat, the perimeter markers are spaced approximately every 200 to 300 feet in line of sight <br />of each other. <br />Table 2 Equipment, Associated Facilities, and Structure Dimensions <br />Equipment, Associated Facilities, <br />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 />Existing Jansen Railroad Building <br />16' x 30' <br />MR -106 - 7 - 01/23/2012 <br />