When Burlington Northern Santa Fe Railway began cutting trees at the Ballard bascule bridge right of way by the Salmon Bay Natural Area on Wednesday, March 20, no one was quite sure what was going on.

It had caught the concern and curiosity of neighbors. But it wasn’t until most of the trees were already cut down over the weekend when Groundswell NW board member Dave Boyd caught whiff of it. He had been involved in the Salmon Bay Natural Area project since 1998, and while BNSF cut trees within their property, the trees were still part of a vulnerable salmon habitat environment and BNSF worked without community or city input. What they left behind was a massacre scene consisting of fallen trees, a tangle of twigs and freshly cut stumps.

“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."

Gus Melonas, spokesman for BNSF, said that the clear-cutting was necessary work and that the safety of rail workers were paramount.

"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."

Boyd disagreed.

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

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 bascule bridge and fires.

The city of Seattle and Seattle Public Utilities purchased the Salmon Bay Natural area in the early 2000s and it extends from The Canal restaurant to the Ballard railroad bridge at the end of 36th NW Ave. It protects 680 linear feet of undeveloped shoreline and it is especially important for juvenile salmon on their way out to saltwater. The low-hanging trees help provide vital protection for young, disoriented salmon from predators. (If you’ve been to the Ballard Locks lately, you can see groups of birds hanging out and snacking on baby fish.)

While the area BNSF clear-cut looked to fall within the Salmon Bay Natural Area, the fence-line was actually well within BNSF property, according to SPU.

"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," Susan Stoltzfus said. "Plus we know how much work went in to creating the natural area."

At first, the Department of Planning and Development challenged whether the clear-cutting was legal. BNSF did not attain a city permit which is usually required for the cutting of trees within city limits for certain cases. Those cases include larger trees, exceptional trees that are rare for the area, trees on a sloping site or trees near the water.

The trees BNSF cut are both on a sloping site and near the water.

When asked if BNSF took into consideration 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. They were cut and pruned in a way where stability and slope is not impacted."

Still, that was not quite enough for DPD.

“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," DPD’s Bryan Stevens said. "It’s hard to know for sure without having that dialogue."

However, after threatening a fine and consulting with the city attorney, DPD concluded that it would be inadvisable to continue challenging BNSF. In a statement released to the Ballard News-Tribune, Stevens said, "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."

Melonas did not seem to think that BNSF did much wrong, however.

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

Melonas did say BNSF wants to work with the city.

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

However, Boyd is not so sure. He said he and others have attempted to work with BNSF in the past with little progress. He said the city has also had its squabbles with BNSF. “The railroad has a reputation of not being cooperative or helpful to work with,” he said.

Boyd said it seemed a little suspicious that BNSF did most of the clear-cutting over the weekend, when city inspectors would not be checking in.

By now, all of the trees BNSF intended to knock down have been knocked down, and the debris has been cleaned up. The next step will be to plan a re-vegetation program, which Stevens said does not necessarily have to consist of trees, but could be other types of vegetation as well. Melonas said BNSF has agreed to work with the city on the program.

Zachariah Bryan can be reached at zachb@robinsonnews.com

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