Controversial sale of mineral rights for quarry bordering Silverton Reservoir approved

The path for a Silverton Rock Farm to start operating a quarry bordering Silverton Reservoir has been eased after the State Land Board approved the sale of mineral rights to the landowner.

For the second time.

Though operations could be a year or more away, the State Land Board concluded a four-year process by approving the sale of the mineral rights to the property owner for $50,000.

The Silverton Rock Farm sits on 63.1 acres just west of Silverton Reservoir, a popular recreation spot and secondary water source for Silverton, on unincorporated Marion County land.

A significant concern raised by opponents of the proposed quarry is the potential for impacts, since a small waterfall runs from the property into Silverton Reservoir.

“My personal feeling is that there’s nothing that can be done at this time,” said Charles Baldwin, whose house borders the property. “It’s been approved. It’s been done. The only thing I think we can do now is to point out to the city that it had an opportunity to do something about it.”

Mineral rights improperly separated

The property was purchased by Silverton Rock Farm 2013, according to records from the Marion County Tax Assessor’s office.

A rock quarry operated on the site until 1996, but the Department of State Lands found the mineral and geothermal rights for the land had been improperly separated from the land deed in the 1940s with the state retaining those rights.

In 2014, Silverton Rock Farm, which is owned by Richard Beck according to Marion County records, swapped 10 acres of heavily wooded property of riparian area near the bank of Silverton Reservoir with Silverton.

The area swapped, according to public records, is to be used as a road for mining operations from the quarry to Highway 214 rather than using the existing access road to Seminole Road, which is lined with houses.

As part of the land swap, the quarry is to provide rock products to the city at a discounted rate.

Silverton Rock Farm first applied to the Department of State Lands to purchase mineral and geothermal rights in 2015.

The Silverton Rock Farm applied for an exploratory permit with the Department of Geology and Mineral Industries in 2015. As part of that permitting process, that department contacts all governments with potential interest in the matter.

“We don’t have a way to find out who the mineral owner is without a whole fee search,” said Department of Geology and Mineral Industries Mining Compliance Specialist Cari Buchner. “That’s actually why we circulate to DSL (Department of State Lands). This might be a case where that notification to DSL triggered that.”

Buchner said once the Silverton Rock Farm completes the purchase of the mineral rights it will be six months to a year to get through the application process.

$50,000 sale of rights

The sale was approved in by the State Land Board in 2018, but before the sale was completed, Department of State Lands staff found the department had never sought public comment.

In the open comment period in April and May, the department received 78 comments, but five were germane to the sale of mineral rights.

Consideration:Oregon's error in the 1940s hanging up proposed rock quarry south of Silverton

Most had to do with operations of the quarry, noise and the environmental impact on nearby Silverton Reservoir.

“The majority of comments received were outside the scope of the action of selling the state’s mineral right and more about the local land use decision,” Department of State Lands Director Vicki Walker said.

The issue of operations of the proposed quarry was addressed by Marion County, which issued a conditional use permit in 2015.

The state Land Board is made up of Gov. Kate Brown, State Treasurer Tobias Read and Secretary of State Bev Clarno.

The body approved the sale for $50,000 at its June meeting.

"If we don’t mine gravel we can’t build roads,” Clarno said. “We need more roads. I don’t want to stand in the way of that.”

There are three open gravel pits within a few miles of the proposed quarry including K&E Excavation, Drakes Nursery and Silverton Sand and Gravel.

Opponents could appeal the Land Board’s decision to the state Land Use Board of Appeals.

Counter to environmental goals

Opponents of the quarry say Gov. Brown’s stance on environmental reform runs counter to her vote to approve the quarry in Silverton.

“That is unacceptable,” said Dani Hatch, a Silverton resident. “We are never going to move forward when any kind of true climate action is an empty process with no accountability whatsoever.”

A main hiking trail on the rim of Silverton Reservoir leads onto the property of the Silverton Rock Farm. In the past few months “No Trespassing” signs have appeared attached to trees on the border.

“There used to be a cement barrier,” said Silverton resident Victoria Knutson, a frequent Reservoir user. “And that was taken down so it was kind of open and you could see the old quarry.”

Neighbors of the property report seeing multiple log trucks haul timber off the property, and it has been recently replanted.

According to Department of Forestry records, the Silverton Rock Farm gave notifications in June 2016 and January 2017 for a clear cut and overstory removal.

“There weren’t any particular restrictions put on by us because there weren’t any conditions that would have required us to protect certain sorts of requirements like habitat for endangered species,” Department of Forestry spokesperson Jim Gersbach said.

Despite the numerous city, county and state agencies involved in the proposed quarry, none have required an Environmental Impact Statement.

“The lack of … oversight is just shocking where we have a governor who is saying I’m putting in this climate change bill, but then allowing things like to occur, it’s very confusing,” said Emily Fern Dayton, a Silverton resident.

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bpoehler@StatesmanJournal.com or Twitter.com/bpoehler