The owner of the Derrybrien wind farm, Hibernian Wind Power Ltd, has reiterated its claim that it is "in compliance" with planning permission for its mountain-top development, despite admitting that it has not yet agreed the terms of an insurance bond with the local authority.
Such a bond, or an equivalent cash deposit, is a required condition of the project's planning permission from An Bord Pleanála and needs to be in place "prior to commencement of development".
A spokesman for Hibernian, Mr Micheal Kelly, said he was absolutely confident that the issue of the bond would be resolved in a mutually agreeable solution between his company and the local authority. A letter from Galway County Council's senior engineer to the developers dated October 9th states that Hibernian's proposed undertaking and indemnity agreement is unsatisfactory.
He wrote that the local authority's law agent had "advised us that this document is not sufficient to achieve compliance with the condition within the permissions as granted by An Bord Pleanála".
Other documents from the public planning files seen by The Irish Times show that other planning conditions required to be in place before the start of works, which began in July, are still outstanding.
Five weeks before the major bog bursts at the site, and three weeks before the "small" peat movement which Hibernian admitted this week, the senior engineer, Mr Liam Gavin, wrote to Ms Mary Nolan at Hibernian Wind Power about recent meetings to discuss and examine the planning permission conditions for the Derrybrien wind farm "with regard to compliance with each condition where relevant".
He said they had agreed that eight conditions and three sub-conditions were not agreed at a meeting on August 21st and that all outstanding conditions relating to the Derrybrien Wind Farm must be resolved.
The files also show that the former owner of the site, Saorgus Energy Ltd, had applied to Galway County Council in 2002 for permission to lower the level of the foundations of 25 of its wind turbines by between a half-metre and one metre, contrary to planning conditions.
Last night the Hibernian spokesman said he did not believe this had any significance regarding the recent bog slides.
A report from the archaeologist commissioned to investigate the site indicates that conditions were difficult in 2001. "Excavation in the eastern half of the site was discontinued as the jelly-like movement of the ground under the weight of the machine rendered further digging unsafe," it said.
It concludes that only eight of 26 sites due for excavation were investigated due to adverse conditions. Mr Kelly said the report was "not significant" because two firms of geotechnical experts had conducted subsequent investigations of the whole site.