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12. The weight of the evidence, together with Stipulation No. 1, indicate that the Applicant <br />has complied with or will comply with Construction Materials Rules 3.1.6 and 6.4.7. <br />Issue 3: Use and Capacit~of CDOT Culverts Undemeath Hiehway 85 <br />13. The Applicant proposes discharging mine water into ditches that would carry water from <br />the proposed operation to the South Platte River through culverts owned and maintained <br />by CDOT. The Applicant argues that such use is consistent with current agricultural uses <br />of the land. CDOT argues that the culverts were not designed to carry water from the <br />affected lands. With the estimated water discharge volumes predicted by the Applicant, <br />the proposed use of the culverts could endanger the structural integrity of the foundation <br />underneath Highway 85 and could harm efforts to stabilize the South Platte River in that <br />section of the river. <br />14. The Division recommended a stipulation that requires the Applicant to demonstrate that <br />the culverts can handle the estimated flows, and to obtain written consent from CDOT to <br />discharge mine water into the culverts prior to such discharge. <br />15. After considerable debate on this issue, the Board has determined that this dispute should <br />be resolved by the parties without the intervention of the Board. It is reasonable to <br />conclude that this matter is outside the Board's jurisdiction and that the Division- <br />recommended stipulation, Stipulation No. 3, is not warranted. <br />Issue 4a: Notarized Aereement or Engineering Analysis for Landurs Structures? <br />16. When an applicant's proposed mining operation will affect the stability of any valuable; <br />permanent man-made structure within 200 feet of the proposed operation, Construction <br />Materials Rule 6.4.19 requires an applicant to secure a notarized agreement from the <br />