Introduced species may be substituted for native species only if approved by the Commission under the following conditions:
  (1) after appropriate field trials have demonstrated that the introduced species are desirable and necessary to achieve the approved postmining land use;
  (2) the species are necessary to achieve a quick, temporary, and stabilizing cover that aids in controlling erosion; and measures to establish permanent vegetation are included in the approved plan submitted under §§12.145(b)(5) and 12.147 of this title (relating to Reclamation Plan: General Requirements, and to Reclamation Plan: Postmining Land Uses);
  (3) the species are compatible with the plant and animal species of the region; and
  (4) the species meet the requirements of applicable state and federal seed or introduced species statutes, and are not poisonous or noxious.

Source Note: The provisions of this §12.391 adopted to be effective April 7, 1997, 22 TexReg 3093.