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in an average year, the building will be flooded by the Yampa River for a period <br />• of mid-May into late June. <br />In reference to the occasionally occupied dwelling being within 300 feet of <br />the mine access road, please see page 2 of the Amended And Restated Coal Mining <br />Lease of May 15, 1975, between John A. and Allie M'. Eilts. Specifically, this <br />lease provides to Sun ". .all rights and privileges in, on or under the premi- <br />ses that are necessary, desirable or convenient to Lessee in mining, <br />cleaning, processing and preparing transporting of coal mined from <br />the Premises and elsewhere, including, without limitation, the following <br />rights and privileges: to make coal, to have free right of ingress and <br />egress over, under and through the Premises. ." <br />• <br />• <br />- 41 - (Rev. 5/86) <br />