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5. The testimony, exhibits and legal azgument presented by Stone and the Division aze credible and persuasive on the issue of compliance with federal laws and regulations. The BLM, which has reviewed the Application and conducted on-site inspections, has not articulated any conflict with federal law and has approved the Application with certain conditions to which Stone has agreed. The Boazd finds that the Applicant is in compliance with applicable federal laws and regulations. CONCLUSIONS OF LAW 1. The Board's authority [o review an application for a permit is set forth in §§ 34-32.5- 115(4) and 34-32.5-1 l6, C.R.S. (1997). 2. The Stone Gravel Pit Application meets the requirements of §§ 34-32.5-112, 34-32.5- 115(4), and 34-32.5-I 16, C.R.S. (1997) and all applicable Construction Materials Rules and Regulations. 3. Because Daren Stone's Application conforms to the requirements set forth above and further because Dazen Stone has agreed to comply with recommendations submitted by the Bureau of Land Management and incorporated below, the Boazd has no grounds upon which to deny the Application. ORDER The recommendations set forth by the Bureau of Land Management on January 20, 1998 shall be incorporated into and made part of this Order and are as follows: (l) Stone will control vehicle access to the pit and mineral processing azeas with a gate, but the public access to public land (BLM road # 4520) and private land will remain open. There will be no boundary fence around the perimeter of the gravel pit. Reclamation fencing to protect the site will be temporary in nature and will encompass a considerably smaller area. (2) Stone will undertake a course of noxious weed control and will spray for weeds as needed. (3) Stone will build up the access road from County Road 21 with pit run material to reduce further degradation to public land.