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Exhibit 40 - Rail Loadout at Jansen <br />Reclamation Plan <br />NECC plans to utilize the site for coal loading operations through 2012 and likely into 2013. At that <br />time the coal conveyor, loadout bin, and truck scale will be removed. Any remaining coal will be <br />transported back to the mine, the equipment to be removed will be dismantled and sold, and concrete <br />footers and trash debris will be disposed at the Trinidad landfill. Backfill of footer holes and minor <br />grading in those areas will flatten the site for future operations. All signs will be removed upon <br />approval of final bond release and the KVRR lease will be terminated. <br />Several features /structures would remain on site at completion of NECC coal loadout operations. <br />KVRR has requested (see Attachment 2) that the following features /structures would remain after <br />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 properly. <br />No topsoil handling or revegetation reclamation activities or performance standards are proposed for <br />this site and the pre - operational industrial land use will be maintained for future activities by the land <br />owner. <br />MR -106 - 8 - 01/23/2012 <br />