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-52- All disturbed runoff at Hawk's Nest will be routed through a sediment pond or otherwise controlled, and discharges will meet the effluent limitations of Rule 4.05.2, minimizing the deleterious effects of mining on the water quality of the North Fork. In addition, W.S.C. has cooperated with the DOW on a stream improvement project involving the construction of wing dams and pools to provide fish habitat and reduce bank erosion. Vegetation will also be established in disturbed areas along the river. There will be no ponds containing hazardous concentrations of toxic forming materials on the permit area. The application does not propose the use of persistent pesticides on the area during surface mining and reclamation operations. DOW has noted that the northern bald eagle, a winter resident of the North Fork Valley, is the only rare or endangered wildlife species inhabiting the general area. Both the DOW and the U.S. Fish and Wildlife Service have concurred that "the Hawk's Nest mining operations would not noticeably impact any bald eagles that might use the site or the riparian area adjacent to the mine" (Appendix XVIII-9). The application states that electric transmission and distribution lines within the permit area will be constructed to the specifications of Rule 4.18, to insure the protection of large raptors. The application does not state whether existing transmission and distribution lines on the permit area meet the specifications of Rule 4.18. The following stipulation is deemed necessary. STIPULATION N0. 10 WITHIN 3 MONTHS OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT INFORMATION TU THE DIVISION VERIFYING THAT EXISTING POWER LINES AND TRANSMISSION FACILITIES AItE CONSTRUCTED AS REQUIRED BY RULE 4.18 TO INSURE THE PROTECTION OF LARGE RAPTORS. Pursuant to Rule 2.07.6(2)(n), and on the basis of available information, the Division finds that the proposed activities will not affect the continued existence of threated or endangered species or result in the destruction or adverse modification of their critical habitats. The operation is in compliance with the requirements of this section. XIV. Prime Farmland - Kules 2.04.12, 2.06.6 and 4.25 Pursuant to Rule 2.07.6(2)(k), the Division has made a negative prime farmland determination. The decision was based on information presented in the application demonstrating that the land in the permit area has not been historically used as cropland (see letter from Thomas W. Priest, State Soil Scientist - Soil Conservation Service, App. XIX). XV. Explosives - Rules 2.05.3(6) and 4.08 Pages 4.08-1 through 4.08-8 of the application indicate that limited surface blasting is anticipated at Hawk's Nest during future construction of surface facilities. A plan for compliance with the requirements of 4.08.4 is included in the application. The application states that access into the affected area of the surface blast will be regulated to protect the public. Since State Highway l33 is adjacent to areas possibly subject to flyrock from blasting, the Division deems the following stipulation appropriate.