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soil incorrectly removed (Bench 1 soils), had too high a PH factor, contained too many <br />rocks and was deficient in organic matter and would result in productive capacity at final <br />reclamation to be less than in the pre- mining condition. He also testified that stockpiles <br />on the property had been watered with pit water with a high salt content that damaged <br />those soils and made them less productive. <br />Witnesses for Western Fuels came to the opposite conclusion. They testified that <br />with remediation the Bench 1 soils were a suitable replacement and would not harm <br />productivity. They cast doubt that the pit water caused increased salinity that over time <br />would harm productivity and that over the course of the 10 year reclamation period <br />provided for in the permit, the soil would return to pre - mining productivity levels. <br />The experts were all qualified soils scientists who worked with substantially the <br />same data, but came up with different conclusions. All of them testified that there was no <br />scientific model available to predict success of reclamation. The Morgans' expert had the <br />more pessimistic view of the liklihood of success in this case. <br />Western Fuels presented evidence that following the removal of soils in 2007, the <br />relationship between Western Fuels and the Morgans, particulary JoEllen Turner, <br />deteriorated. The mine manager testified that Ms, Turner on behalf of the Morgans <br />objected to every request made by Western Fuels to governmental entities and unduly <br />complicated the process. She and her husband were seen at or near the property taking <br />photographs and gathering samples. He testified that employees felt their actions were <br />harassing them. He testified that Western Fuels had incurred expenses in excess of <br />$200,000 for soils investigations as a result of the actions taken by the Morgans. <br />The Morgans had been employees of Western Fuels for more than 13 years and <br />had training related to mine safety, though it was unclear in the testimony if their safety <br />training was current. They are alleged to have been in the active mine area without the <br />permission or supervision of Western Fuels. The mine manager viewed their presence on <br />the property as a safety risk. <br />CONCLUSIONS OF LAW <br />Statute of Limitations <br />Western Fuels raises a defense of statute of limitations. Three statutes of <br />limitation may apply. The state statute of limitations on the breach of contract claim is <br />