Section 86.265. Application approval

(a) If the Department finds that the applicant is eligible for assistance, and it is not aware of information that would preclude issuance of a surface coal mine activities permit to the applicant for mining in the area proposed, it will:

(1) Determine the minimum data requirements necessary to meet the provisions of § § 86.261 and 86.267 (relating to program services; and determination of data requirements).

(2) Provide the applicant with a list of qualified consultants.

(b) The applicant may select the services of one or more qualified consultants or qualified laboratories, subject to the approval of the Department, to perform the required data collection, analyses and the preparation of maps, cross sections and reports.

(c) The granting of assistance under this program will not be a factor in the Department’s decision on a subsequently filed surface coal mine activities permit application.