Update, Thursday, March 28, 1:15 p.m.

Bryan Stevens from the Department of Planning and Development sent in the following in regards to city permitting and any possible fines against BNSF Railway:

"We have been advised that Federal law preempts the City from requiring approval for this tree-clearing activity. We understand that safety is paramount for the operation of the railroad, but we encourage them to establish dialogue with the City prior to future tree removal activity."

Update, Tuesday, March 26, 5:30 p.m.

We got a hold of BNSF. Gus Melonas, spokesperson for BNSF, told us that the clear-cutting of the trees by the Salmon Bay Natural Area began last Wednesday and that it is now complete. Debris will be cleaned up on Thursday.

"The purpose of this work process is to comply with federal requirements of vegetation control," he said. "We had specialists come in and identify the most threatening trees."

Melonas said trees were threatening the visibility of crews on the bridge and that leaning trees could have an effect on movement of equipment. Communication and telecommunication operations could also be affected, he said.

BNSF also had concerns about transients camping in the area over night, graffiti on the trestle bridge and fire.

When asked if BNSF was aware of any slope or stability damage, Melonas answered:

"We have experts that are aware of vegetation control ... we would look at alternative measures if these trees impacted stability," he said. "They were cut and pruned in a way where stability and slope is not impacted."

As for concerns about the salmon habitat, Melonas answered:

"We tried to minimize in the area what was cut, however again we had to comply with the federal standards for safety which was the No. 1 presence in this project," he said.

Melonas confirmed that BNSF will be working with the city to rehabilitate vegetation in the area.

Melonas said BNSF is now in communication with the Seattle Department of Planning and Development. BNSF's engineering department met onsite with DPD earlier today.

"We want to be a good neighbor," Melonas said. “BNSF has been and will continue to work with the city through this process.”

Update, Tuesday, March 26, 3:35 p.m.

So far today, we have called BNSF three times and emailed twice, but have yet to receive a response.

Update, Tuesday, March 26, 1:30 p.m.

We just got off the phone with Groundswell NW Boardmember Dave Boyd, who has been working with the Salmon Bay Natural Area since about 1998 in conjunction with Seattle Public Utilities.

“I was pissed. I was really angry and upset. I consider that area part of the natural area, an area we’ve been working to restore for years," he said. "It was just very upsetting that they would go in and do that kind of work without contacting the city or the community."

Boyd said he and others have tried to approach BNSF in the past to work on the Salmon Bay Natural Area with them, but have generally received little response. He said he has heard the city also had its own conflicts with BNSF.

"The railroad has a reputation of not being cooperative or helpful to work with," he said.

Boyd said that while BNSF was cutting trees on their railroad's right of way, it didn't mean they had the right to cut down all the trees.

"They’re certainly going way beyond what would reasonably prevent any hazards from the tracks or bridge," he said.

Moreover, while BNSF may have started work on the tree removal earlier in the week, it seemed as if most of the clear-cutting happened over the weekend.

"To me it seemed a little suspicious that they were doing it on a weekend when they knew the city inspectors would not be out," Boyd said.

Boyd hopes that the city will put a stop to the project, but BNSF may be done with most of the clearcutting already. As of about an hour ago, neighbors said the cutting is still continuing, Boyd said.

At the very least, Boyd hopes a proper re-vegetation program happens. BNSF Railway cut down a few madrones hanging over the water which provide crucial habitat for juvenile Chinook salmon on their way back out to sea.

The trees also provided a space for herons, kingfishers and other wildlife.

We'll get in touch with BNSF railway for comment.

Update, Tuesday, March 26, 12:40 p.m.

Bryan Stevens from the Department of Planning and Development tells us that BNSF Railway did not attain necessary permits from the city to cut down the trees on their property by the Salmon Bay Natural Area. BNSF only attained a state permit, which Stevens argues is not enough in this case.

Not every tree removal requires a permit, Stevens said, just for larger trees, exceptional trees that are rare for the area, trees on a sloping site or trees near the water. Removing trees from a slope could affect the stability of the ground and increase erosion. the trees also help with natural drainage of stormwater.

While the trees are on private property, a permit is needed because they are both on a slope and by the water.

He said there is a federal exemption for work that helps improves line of sight along the railway. "But it's important for them to have a dialogue with us as well to make sure the number of trees is the minimum necessary to provide line of sight to operate the rail," Stevens said. "It’s hard to know for sure without having that dialogue."

DPD is currently investigating what to do next with BNSF. Stevens said they are currently in contact with BNSF representatives.

The next step for BNSF is to plan and carry out a revegetation plan, which is required whenever tree removal of this kind happens. Stevens said that BNSF does not necessarily have to plant trees and could use other plants.

We'll be updating this article more.

Update, Monday, March 25, 2:30 p.m.

Seattle Public Utilities Spokesperson Susan Stoltzfus explains that the original fenceline for the park area is well within BNSF Railway's property, meaning that they were most likely working within their own plot of land.

Apparently, SPU had told BNSF this, but they didn't seem to think of it as much of a problem, and didn't ask for the fenceline to be adjusted.

"If this had been SPU property we never would have allowed it since we need to preserve native conifers for stormwater management and fish habitat," Stoltzfus said. "Plus we know how much work went in to creating the natural area."

We'll check into what permits are needed for clearcutting trees like this.

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Original, March 25:

BNSF Railway is clearing a significant number of trees from the west end of the Salmon Bay Natural Area, according to an email sent to us this morning by Dave Boyd, a board member of Groundswell NW.

Boyd said that community volunteers who have been working for years with Seattle Public Utilities on this project were not informed.

We'll look into it and provide you with an update when we get one.

Zachariah Bryan can be reached at zachb@robinsonnews.com

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