5. Mitigation Monitoring, Reporting, and Compliance Program

When approving projects with EIRs that identify significant impacts, CEQA requires public agencies to adopt monitoring and reporting programs or conditions of project approval to mitigate or avoid the identified significant effects. (Public Resources Code § 21081.6(a)(1).) A public agency adopting measures to mitigate or avoid the significant impacts of a proposed project is required to ensure that the measures are fully enforceable, through permit conditions, agreements, or other means. (&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=CA PUB RES 21081.6&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzb-zSkAB&_md5=17c8a6d7ec2c4ccdf74f98b5fbf5854f" target="_top">Public Resources Code § 21081.6(b).) The mitigation measures required by a public agency to reduce or avoid significant project impacts not incorporated into the design or program for the project, may be made conditions of project approval as set forth in a Mitigation Monitoring, Reporting, and Compliance Program (MMRCP). The program must be designed to ensure project compliance with mitigation measures during project implementation.

In this case, an MMRCP has been prepared to ensure that each mitigable environmental impact discussed in the FEIR is properly mitigated. The MMRCP describes specific actions required to implement each mitigation measure, including information on the timing of implementation and monitoring requirements. The detailed MMRCP appears in Appendix A of the FEIR.⁷ The approval we grant to PacifiCorp in this decision shall be subject to compliance with all provisions in the MMRCP.

⁷ We admit the FEIR (which incorporates the DEIR) into the record as Exhibit 301.