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three years. The statute of limitations of violation of the state mining statutes is two <br />years. The applicable federal statutes is four years. Western Fuels argues that the claim <br />arose and the statutes began to run in April of 2007 when they maintain the soils were <br />removed from the Morgans' property. This action was filed pro se in August, 2010. The <br />Morgans argue that the cause of action did not accrue until March 2010 when they first <br />knew for sure that removed soils would not be returned. <br />This Court concludes that a preponderance of the evidence establishes that the <br />actions on both the contract and state statute violation claims accrued in March 2010 and <br />that action on these claims are not barred by the state statutes of limitation. The Court is <br />persuaded that assurances by Western Fuels during the period of attempted negotiation of <br />lease of additional lands caused the Morgans to reasonably believe that they did not have <br />a cause of action against Western Fuels at that time. <br />Liability <br />The Court concludes that the coal lease and applicable state statutes governing <br />surface mining must be read together to determine the rights and obligations of the <br />parties. While the coal lease calls for the property to be reclaimed to a "farmable <br />condition ", state statutes and regulations are more rigorous, especially as it relates to <br />"Prime Farm Land ". Here, all parties agree that if the Morgan property had been <br />properly designated as "Prime Farm Land" prior to mining, the top soil would have been <br />stored and maintained on the Morgan property and would have been available for use in <br />reclamation. Notwithstanding language in the coal lease that might have permitted the <br />soil to be removed and used on other property, the state statutes, regulations and permit <br />conditions to the contrary prevail. <br />It was Western Fuel's agent who conducted the initial soils survey and who <br />erroneously determined that the property was not "Prime Farm Land" causing the initial <br />permitting to allow less stringent handling of the topsoil. As a result, soils were removed <br />and applied to other property and unavailable for reclamation of the Morgan land. That <br />