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The Bureau of Land Management ("BLM"), which owns the surface rights to the affected land, has confirmed its approval of Stone's plan for mining gravel with certain conditions, among which is Stone's agreement to avoid the azea known as Cultural Resource Site #SMT2020. The BLM did not make a formal appeazance for purposes of direct examination, cross-examination, rebuttal and closing, but Roy Drew, a BLM geologist, was present throughout the proceedings and did respond to questions towards the end of the heazing. Although provision for testimony of members of [he public is made in the Pre-Hearing Conference Order, no member of the public testified at the hearing. A[ the start of proceedings, counsel for the Division moved for admission into evidence of the entire Application file, with the exception of the RTB enforcement action for unpermitted exploration activities now scheduled for formal hearing before the Board on March 25, 1998. The Board granted that motion in part but denied exclusion of the RTB enforcement action documents. Having listened to the testimony of Applicant Dazen Stone and of witnesses called by the Division, having further considered cross-examination and rebuttal/closing statements; having reviewed documents submitted in evidence and having conducted public deliberation, the Board rules as follows: FINDINGS OF FACT 1. The testimony and exhibits presented by Dazen Stone ("Stone") and the Division are credible and persuasive on the issue of the completeness of Stone's Application. The Board finds that the Stone Gravel Pit Application was correctly deemed complete on October 1, 1997. The Boazd further finds that the Applicant agreed to waive the deadlines imposed by § 34-32.5- 115(1), (2), and (3) C.R.S. (1997). 2. The testimony, exhibits and legal argument presented by Stone and the Division are credible and persuasive on the issues of adequacy, including adequacy of mining plan maps (exhibit C), mining plan (exhibit D), reclamation plan (exhibit E), reclamation plan map (exhibit F), water information (exhibit G), wildlife information (exhibit H), soils information (exhibit I), vegetation information (exhibit .i) and other permits and licenses (exhibit M). 3. The testimony, exhibits and legal argument presented by Slone and the Division are credible and persuasive on the issue of Stone's legal right of entry to develop gravel located on the affected land designated as "the Stone Gravel Pit." The Board finds that Stone has demonstrated that he has a legal right of entry to conduct gravel mining. 4. The testimony, exhibits and legal argument presented by Stone ar+d the Division are credible and persuasive on the issue of sufficiency of the notice of the Application provided by Slone. The Boazd finds that all notice was provided as required.