Sliding off the Kilburn Slide

The March/April issue of the Explorer contains an article about skiing the Kilburn Slide outside Lake Placid. I went with Josh Wilson, a backcountry snowboarder, shortly after a big snowfall that prompted an avalanche warning for the region. One purpose of the trip was to test the avalanche conditions on the slide.

The greater purpose, though, was to ski (or snowboard) the thing. Josh went down in superb fashion, carving big curves in the snow and at one point gliding off a small cliff. I skied badly, however. I’m just not used to skiing slides. Most of my backcountry skiing is on trails or in powder-filled glades.

I returned to Kilburn yesterday to try to redeem myself. No one had been on the slide since our last big snowfall last week. I turned around a little short of the top and looked back at a white slope broken only by my ascent track.

Starting down, I fell almost at once, but I got my act together and made it down the rest of the slide without any trouble. The powder was heavier than earlier in the month, but it was still powder, and the setting was wild and beautiful.

Then I came to the top of the sixty-foot wall at the base of the slide. On our earlier trip, Josh snowboarded off the wall. He angled halfway down, made one turn, and glided to the base in a slough of snow. Click here to watch a video of Josh.

On my solo trip, I thought I’d traverse across the face and then try to side-slip down or do a kick turn and ski down to the base. Although there was maybe a foot of snow on the face, ice lurked underneath. In the video below, you can hear my edges scraping the ice as I step into position for the traverse. Watch the video to find out what happened.

AG defends right to paddle

NOTE: THIS IS ANOTHER POST FROM OUR PUBLISHER, TOM WOODMAN.

The attorney general issued a news release pertaining to the motion to intervene in the Shingle Shanty case. See our earlier post to download the legal documents.

ATTORNEY GENERAL SCHNEIDERMAN SUES TO PROTECT PUBLIC’S RIGHT TO TRAVEL ON ADIRONDACK WATERWAY

State Seeks to Stop Property Owners from Using Intimidation Tactics Preventing People from Navigating Waterway

Property Owners Used Steel Cables Across the Stream & Set Up Cameras to Intimidate Paddlers

ALBANY - Attorney General Eric T. Schneiderman today announced that the state has filed papers in Hamilton County Supreme Court to join in a lawsuit in order to defend the public’s right to travel on navigable waters in the Adirondack Park. 

 Schneiderman is seeking an order requiring the Hamilton County property owners, known as the “Friends of Thayer Lake, LLC” and the “Brandreth Park Association” to remove the intimidating signs, cameras and steel cables that they have placed across the Adirondack waterways that flow between Lilypad Pond and Shingle Shanty Brook in an effort to prevent kayakers, canoeists, and other boaters from traveling through their property.

 ”The public has a right to travel and enjoy this beautiful waterway without being stopped or harassed,” said Attorney General Schneiderman. “I will not hesitate to defend the public’s right to travel on these or other navigable waters.  My office will work closely with the Department of Environmental Conservation (DEC) to ensure that the public can once again enjoy this waterway – which connects two state-owned wilderness areas in the Adirondack Park.”

 In his filing with the court, the Attorney General states that DEC has concluded that the waterway is navigable-in-fact and that the attempts by the Friends of Thayer Lake to deny public travel along this state waterway are illegal and constitute a public nuisance.  Under the law, a navigable waterway may be used as a public highway for travel, regardless of whether it flows over publicly or privately owned land.    

 ”For too long, paddlers have been hindered by unlawful navigation rules along Shingle Shanty Brook, compromising both the enjoyment and safety of one of the Adirondack’s most appealing wilderness destinations,” said Charles C. Morrison, Project Director for the Adirondack Committee of the Sierra Club Atlantic Chapter. “We applaud Attorney General Schneiderman’s commitment to defending the public right of navigation by removing these unlawful travel blockades to New York’s waterways.”

 ”New York’s lakes, rivers and streams are integral parts of our natural heritage. To the greatest extent possible, they should be open and accessible to everyone,” said Marcia Bystryn, president of the New York League of Conservation Voters. “We applaud Attorney General Eric Schneiderman for intervening in this important case, and we look forward to having legal clarification that affirms the public’s right to travel – without blockage or harassment – on navigable waters that are held in the public trust throughout the state.”

 The lawsuit in which Schneiderman has moved to intervene, Friends of Thayer Lake, LLC. v. Brown, was brought in Hamilton County Supreme Court after Phil Brown paddled the route between Little Tupper Lake  and Lake Lila, both located in the state-owned “William C. Whitney Wilderness Area,” in May 2009. 

 Brown traveled along lakes, streams and ponds on State land as well as across a corner of the property owned by the Friends of Thayer Lake and in which Brandreth Park Association has an interest.  In November 2010, the Friends of Thayer Lake filed a complaint against Brown for trespassing in state Supreme Court (Hamilton County). In February 2011, the Friends of Thayer Lake amended their complaint by requesting that the court make a determination on their assertion that they own the sole recreational rights to the waters that traverse their property. 

 The case was referred to the Attorney General by the New York State DEC, and staff from both offices worked cooperatively to file the motion to intervene and counterclaim on behalf of the people of the State.

 The Attorney General’s office has a long history of defending the public’s right to navigate in state waters.  In 1991, then Attorney General Robert Abrams intervened to defend the public right of navigation in the case The Adirondack League Club Inc. v. Sierra Club.  Three successive Attorneys General oversaw that case to its conclusion in 1998 when the Court of Appeals issued its landmark ruling that recreational use of a waterway, and not just prior commercial use, could be considered in determining whether a waterway is navigable and thus open to public travel.  

 The case is being handled by Assistant Attorney General Kevin P. Donovan of the Environmental Protection Bureau under the supervision of Lisa M. Burianek, Deputy Bureau Chief of the Environmental Protection Bureau. Also assisting in the case, Kenneth Hamm, Associate Attorney, DEC Office of General Counsel.

Search and rescue report

We just received the Forest Ranger report for January and February from DEC’s Region 5, which includes the eastern two-thirds of the Adirondack Park. Below is the report verbatim.

Essex County

Town of Keene, Private Land (Adirondack Mountain Reserve Easement) 

On Sunday January 2, 2011, at approximately 4:28 pm, DEC Dispatch in Ray Brook received a call from Essex County Emergency Dispatch. They transferred a call from a hiker who reported that his hiking partner had slipped and fallen on the ice on the Lake Road. Katie Pangia, 36, of Ticonderoga, NY had twisted her leg and was unable to bear weight on the leg. The gate was locked and Ms. Pangia was two and a half miles in on the road. Adirondack Mountain Reserve was contacted to unlock the gate and DEC Forest Rangers responded by vehicle. Ms. Pangia was transported out by vehicle and stated she would seek medical attention on her own. The incident was resolved by 7:30 pm.

Accidents can happen, always carry a first aid kit and know how to obtain assistance in emergency situations. The DEC Forest Ranger emergency phone number is 518-891-0235.

Town of Wilmington, Whiteface Mountain Intensive Unit 

On Thursday, January 20, 2011, at approximately 6:20 pm, DEC Dispatch in Ray Brook received a call from State Police reporting Francisco Varoli, 20, of Lake Placid NY, as overdue from his day on Whiteface Mountain. Mr. Varoli’s mother stated that he called from the summit of Whiteface Mountain at 4:30pm saying that he was out of energy and could not feel his hands. Mr. Varoli had sprinted up the mountain as part of a training mission for a mountaineering expedition. Four DEC Forest Rangers were dispatched to pick up snowmobiles and respond to the Whiteface Mountain Memorial highway. Before the rangers arrived at the highway, State Police attempted to go up the unplowed highway with their 4WD Tahoe. State Police made it up the highway about a mile before encountering Mr. Varoli. He had abandoned his equipment on the summit and was close to giving up. He was turned over to his mother at 8:30 pm, who was waiting at the toll gate of the highway, and she brought him to the emergency room for further evaluation and treatment.

Know your abilities and the conditions you will be facing. When training begin easy and progress your training as your physical abilities improve.

 Town of Keene, Dix Mountain Wilderness

On Sunday, February 6, 2011 at approximately 12:26 am, DEC Central Dispatch received a phone call reporting that two people had not returned from skiing the slides on Dix Mountain. Christopher Yankee, 35, of Slaterville Springs, NY, and John Armstrong, 21, of Olive Bridge, NY were last seen by the caller around 2:00 pm heading up into the slide area before the caller decided to turn around due to the snow depth. A DEC Forest Ranger responded and searched the possible exit routes from the Dix area but did locate the two skiers. At 2:00 am, resources and plans were developed for the morning’s search operation. At 7:00 am four forest rangers started to break trail into the Dix slides while another ranger checked the local trail heads. At 9:00 am, the two men were located at the South Forks trail head, 3 miles from their vehicle. Both men were in good shape. According to Mr. Yankee and Mr. Armstrong, they skied off Dix Mountain late in the afternoon and ended up going down the wrong side of the mountain. When darkness and heavy snow arrived, they built a snow cave and spent the night. In the morning they skied down the drainage to South Forks.

Know the conditions and the weather – turn around if the weather changes. Fortunately, these two men were prepared with the right equipment and knowledge to spend a winter night in the woods.

 Town of Keene, High Peaks Wilderness

On Saturday, February 19, at 6:36 pm DEC Dispatch in Ray Brook received a short phone call in which the dispatcher heard noise but no voice before the call was disconnected. Moments later another similar call was received. The dispatcher dialed *69 and obtained a cell phone which she called, this time a voice was heard but not clearly. After a number of attempts by both parties a clear signal was obtained and the dispatcher was able to learn that Kent Stephens, 40, of Broadview Heights, OH; Justin Parks, 27, Cleveland, OH; and Calin Pop, 28, of Lakewood, OH were stuck in the Trap Dyke on the side Mt. Colden in the High Peaks Wilderness. The three men had left from the Adirondack Loj trailhead around noon to climb the Trap Dyke and summit Mt. Colden. Darkness, single digit temperatures, winds and exhaustion overtook them and they could no longer proceed. The call was transferred to a DEC Forest Ranger who explained to the three climbers that, due to the winds, a helicopter was not able to fly and their only options were to climb up or climb down. After convincing the three men to begin climbing down, the forest ranger and a second forest ranger used snowmobiles to travel to Avalanche Lake. The DEC Interior Caretaker at Lake Colden was dispatched to the base of the Trap Dyke to get visual contact on the climbers. The forest rangers arrived at 10:09 pm expecting to find the climbers at the base of Trap Dyke. However, the men had descended to the top of an ice/waterfall and stopped there. The forest rangers, using ice climbing gear, ascended to the base of the ice/waterfall and instructed the men on how to rappel down. The group then descended to the base of the Trap Dyke and onto Avalanche Lake at 12:48 am. Forest Rangers transported the three men by snowmobile to the Adirondack Loj parking lot. All parties were out of the woods at 2:22 am.

Know your abilities and the conditions you will be facing. Start long distance and technically challenging backcountry trips early – especially in the winter.

 Town of Keene, High Peaks Wilderness

On Sunday, February, 20, at 3:07 pm DEC Dispatch received a call from a person at the Adirondack Loj stating that one of his group of hikers was missing after a hike up Mt. Marcy in the High Peaks Wilderness. Katherine Chen, 36, of New York, NY and the rest of the group had left that morning from the Adirondack Loj trailhead to climb Mt. Marcy. However at the junction of the VanHovenberg Trail and the Phelps Trail, approximately 0.6 miles below the summit, Ms. Chen stated she was tired and couldn’t proceed. The rest of the group continued to the summit. When the group returned and didn’t find Ms. Chen they assumed she had returned to the Adirondack Loj. Upon arriving at the Loj trailhead they were unable to locate Ms. Chen and called for assistance. DEC Forest Rangers responded and assumed Ms. Chen had taken the Phelps Trail down the northeast side of the mountain. A forest ranger starting in from the Garden trailhead in Keene Valley received information from others on the trail that they had indeed seen Ms. Chen. At 4:21 pm a radio communication from Adirondack Mountain Club volunteers at John’s Brook Lodge informed the forest rangers that Ms. Chen was at the lodge warming and hydrating. The forest ranger continued to Johns Brook Lodge and escorted Ms. Chen back to the Garden Trailhead. He transported her to Noonmark Diner in Keene Valley where she was reunited with her group at 7:11 pm.

Never leave an inexperienced hiker alone. Remain together or at least have an experienced hiker remain to assist the inexperienced hiker.

 Franklin County

Town of Harrietstown, High Peaks Wilderness Area 

On Thursday, December 30, 2010, at approximately 2:57 pm, DEC Dispatch in Ray Brook received a call from Bob Meyer, 65, of Cortland Manor, NY, stating that he was very close to the summit of Ampersand Mountain and that he felt very nauseous and weak. Mr. Meyer stated he would start hiking down, but requested assistance because he felt he might not be able to continue. Three DEC Forest Rangers responded with a sled style litter and chainsaws to cut blowdown. The subject was located approximately 1.25 miles from the trailhead. He was given food and fluids and assisted out to the trailhead. The subject was able to walk out under his own power, but very slowly. All personnel were out of the woods by 5:30 pm.

Carry plenty of food and water especially in the winter. Eat and drink often to maintain your strength.

 Town of Harrietstown, High Peaks Wilderness Area 

On Monday, February 21, at 12:10 am DEC Central Dispatch in Albany received a call from a friend of Scott Molnar, 26, of Doylestown, PA, stating that he had not returned from spending a day snowshoeing in the Adirondacks. Mr. Molnar had planned to spend Saturday hiking the Seward Range in the western portion of the High Peaks Wilderness and was expected to return home by 4:00 pm Sunday. At 5:30 am, nine DEC Forest Rangers met to begin their search for Mr. Molnar. At daylight two additional forest rangers were sent to assist State Police Aviation and serve as spotters in a helicopter. At 8:24 am Mr. Molnar was located coming out of the woods onto Corey’s Road near the Raquette Falls Trailhead. A forest ranger drove him to the Adirondack Medical Center in Saranac Lake, where he was delivered for further evaluation and treatment at approximately 9:15 am.

 Mr. Molnar reports that he had climbed to the summit of Mt. Emmons on Saturday but the winds and blowing snow were so bad he became disoriented and began descending the west side of the mountain. He followed a drainage area down the mountain, intending to reach his car which was parked on the Corey’s Road. At one point he fell into a brook, becoming wet almost to his waist. Unable to start a fire he spent Saturday night under a tree covered only by an emergency space blanket. On Sunday morning, using a compass, he once again began hiking towards Corey’s Road. He hiked all day and through the night until he was located Monday morning.

Know the expected weather conditions and plan accordingly, turn back if conditions warrant. Carry a sleeping bag or bivy sack even on day trips, you never know when you will spend a night in the woods. Fortunately the hiker was in good shape and did have a map and compass that he used to get back.

 Hamilton County

Town of Lake Pleasant, Perkins Clearing Conservation Easement Lands

On Tuesday, February 15, 2011, at approximately 10:20am, a DEC Forest Ranger overheard Hamilton County 911 report that there was a snowmobile accident on a snowmobile trail on the Perkins Clearing Conservation Easement Lands. When the forest ranger arrived he learned that it wasn’t a snowmobile accident, but actually one of Lake Pleasant’s trail groomers had run over Randy LaVarnway, 41, of Lake Pleasant, NY, while he was working on the machine. According to Tom Germain, an eye witness to the accident, Mr. LaVarnway was trying to get the groomer started when Mr. Germain hit the starter. When the machine started it rolled over the lower half of Mr. LaVarnway’s body. Four DEC Forest Rangers responded and assisted the ambulance squad with packaging and transporting the subject. Mr. LaVarnway was transported to a helicopter and flown to Albany Medical Center for treatment at 12:30 pm.

 Warren County

Town of Johnsburg, Siamese Ponds Wilderness

On Saturday, February 12, 2011, at approximately 4:20pm, a DEC Forest Ranger received information at the Old Farm Road trailhead about two potentially overdue skiers. Theadore Wright Jr., 85, and Susan Wright, 75, both of Niskayuna, NY, were part of an Adirondack Mountain Club outing group skiing the Botheration Loop Trail, but they had not returned as expected. While on routine ski patrol in the area earlier that day, the Forest Ranger had seen the two skiers at the north end of Botheration Pond, approximately 4 miles into an 8 mile round trip. They had been moving, although slowly. The Forest Ranger began searching by skiing from the Old Farm Road trailhead to the Garnet Hill intersection to no avail. He then proceeded to search the William Blake Pond trail where he located the two Wrights traveling without light and falling frequently. The forest ranger provided the two skiers with headlamps and assisted them out of the woods. They reached the trailhead safely at 7:50 pm.

Stay in your group, always have experienced people leading and following the group. Carry a flashlight or headlamp and extra batteries.

AG intervenes in paddling lawsuit

NOTE: THE FOLLOWING NOTICE WAS POSTED BY TOM WOODMAN, OUR PUBLISHER.

New York State Attorney General Eric Schneiderman has moved on behalf of the State of New York and the New York State Department of Environmental Conservation to intervene in the navigation-rights lawsuit filed against our editor, Phil Brown, by the Friends of Thayer Lake and the Brandreth Park Association. Schneiderman is defending the position of DEC that the waterways in dispute are open to the public for paddling. The state’s motion also discloses its intent to make counterclaims against the plaintiffs, including a claim that they have created a public nuisance by hindering the public’s right of navigation.

Click the links below for PDF files of the attorney general’s motion and answer to the lawsuit.

NYS Motion

NYS Answer

Click here to find articles for more background on the controversy.

Following is the text of a news release issued by the attorney general later in the day:

ATTORNEY GENERAL SCHNEIDERMAN SUES TO PROTECT PUBLIC’S RIGHT TO TRAVEL ON ADIRONDACK WATERWAY

State Seeks to Stop Property Owners from Using Intimidation Tactics Preventing People from Navigating Waterway

Property Owners Used Steel Cables Across the Stream & Set Up Cameras to Intimidate Paddlers

ALBANY - Attorney General Eric T. Schneiderman today announced that the state has filed papers in Hamilton County Supreme Court to join in a lawsuit in order to defend the public’s right to travel on navigable waters in the Adirondack Park. 

Schneiderman is seeking an order requiring the Hamilton County property owners, known as the “Friends of Thayer Lake, LLC” and the “Brandreth Park Association” to remove the intimidating signs, cameras and steel cables that they have placed across the Adirondack waterways that flow between Lilypad Pond and Shingle Shanty Brook in an effort to prevent kayakers, canoeists, and other boaters from traveling through their property.

 ”The public has a right to travel and enjoy this beautiful waterway without being stopped or harassed,” said Attorney General Schneiderman. “I will not hesitate to defend the public’s right to travel on these or other navigable waters.  My office will work closely with the Department of Environmental Conservation (DEC) to ensure that the public can once again enjoy this waterway – which connects two state-owned wilderness areas in the Adirondack Park.”

 In his filing with the court, the Attorney General states that DEC has concluded that the waterway is navigable-in-fact and that the attempts by the Friends of Thayer Lake to deny public travel along this state waterway are illegal and constitute a public nuisance.  Under the law, a navigable waterway may be used as a public highway for travel, regardless of whether it flows over publicly or privately owned land.    

 ”For too long, paddlers have been hindered by unlawful navigation rules along Shingle Shanty Brook, compromising both the enjoyment and safety of one of the Adirondack’s most appealing wilderness destinations,” said Charles C. Morrison, Project Director for the Adirondack Committee of the Sierra Club Atlantic Chapter. “We applaud Attorney General Schneiderman’s commitment to defending the public right of navigation by removing these unlawful travel blockades to New York’s waterways.”

 ”New York’s lakes, rivers and streams are integral parts of our natural heritage. To the greatest extent possible, they should be open and accessible to everyone,” said Marcia Bystryn, president of the New York League of Conservation Voters. “We applaud Attorney General Eric Schneiderman for intervening in this important case, and we look forward to having legal clarification that affirms the public’s right to travel – without blockage or harassment – on navigable waters that are held in the public trust throughout the state.”

 The lawsuit in which Schneiderman has moved to intervene, Friends of Thayer Lake, LLC. v. Brown, was brought in Hamilton County Supreme Court after Phil Brown paddled the route between Little Tupper Lake  and Lake Lila, both located in the state-owned “William C. Whitney Wilderness Area,” in May 2009. 

 Brown traveled along lakes, streams and ponds on State land as well as across a corner of the property owned by the Friends of Thayer Lake and in which Brandreth Park Association has an interest.  In November 2010, the Friends of Thayer Lake filed a complaint against Brown for trespassing in state Supreme Court (Hamilton County). In February 2011, the Friends of Thayer Lake amended their complaint by requesting that the court make a determination on their assertion that they own the sole recreational rights to the waters that traverse their property. 

 The case was referred to the Attorney General by the New York State DEC, and staff from both offices worked cooperatively to file the motion to intervene and counterclaim on behalf of the people of the State.

 The Attorney General’s office has a long history of defending the public’s right to navigate in state waters.  In 1991, then Attorney General Robert Abrams intervened to defend the public right of navigation in the case The Adirondack League Club Inc. v. Sierra Club.  Three successive Attorneys General oversaw that case to its conclusion in 1998 when the Court of Appeals issued its landmark ruling that recreational use of a waterway, and not just prior commercial use, could be considered in determining whether a waterway is navigable and thus open to public travel.  

 The case is being handled by Assistant Attorney General Kevin P. Donovan of the Environmental Protection Bureau under the supervision of Lisa M. Burianek, Deputy Bureau Chief of the Environmental Protection Bureau. Also assisting in the case, Kenneth Hamm, Associate Attorney, DEC Office of General Counsel.

Tupper Lake opposes Follensby purchase

The Tupper Lake Town Board voted this week to oppose the state’s acquisition of Follensby Pond, one of the largest privately owned lakes in the Northeast, and some sixty-five thousand acres once owned by Finch, Pruyn & Co. Both properties are now owned by the Nature Conservancy, which intends to sell them to the state.

Jessica Collier, writing in the Adirondack Daily Enterprise, says the town’s resolution closely mirrors the one passed a few weeks ago by the Adirondack Park Local Government Review Board. Franklin County passed a similar resolution, and the Adirondack Association of Towns and Villages is considering a similar measure.

Despite the local opposition, the state Department of Environmental Conservation does not intend to back off plans to purchase the properties, according to DEC officials. I have written a detailed story on the controversy that will appear in the March/April issue of the Explorer.

Part of the 14,600-acre Follensby Park lies within the town of Tupper Lake, but most of the land is in adjacent Harrietstown.

If you follow the link to Jessica’s story, be sure to check out the lively debate in the comments section.

AATV to vote on land deals

The Adirondack Association of Towns and Villages has drafted a resolution opposing the state’s purchase of Follensby Pond and some 65,000 acres formerly owned by Finch, Pruyn & Co.

Wells Supervisor Brian Towers, the president of AATV, said the draft resolution has the “same general thrust” of a resolution passed a few weeks ago by the Adirondack Park Local Government Review Board.

Unlike the Review Board’s resolution, Towers said, the AATV’s draft measure does not speculate on the number of jobs that might be lost if the lands are added to the Forest Preserve. Rather, Towers said the AATV focuses more on the state’s fiscal crisis.

“The general feeling is that this is a bad time to be buying any land,” he said.

Towers said the organization’s executive board is reviewing the draft resolution. He expects that it will be voted on by the board and the general membership within a month or so.

“My gut feeling is that this will pass in some format,” he said.

The Adirondack Nature Conservancy owns the lands in question and plans to sell them to the state. Officials in the state Department of Environmental Conservation say they intend to go ahead with the acquisitions.

The conservancy bought all 161,000 acres owned by Finch, Pruyn in 2007. Afterward, it put together a plan for the property that was approved by all twenty-seven towns that contained Finch lands. Most of the land, some 89,000 acres, is now protected by easements that allow logging and public recreation but preclude development.

Towers would like to see the 65,000 acres in question protected by easements as well rather than added to the forever-wild Forest Preserve. He added, however, that he wouldn’t mind if the state bought a few choice parcels for the Preserve.

Asked if the draft resolution goes against the wishes of the twenty-seven towns, Towers replied, “When the towns supported it, I’m not sure exactly what they were supportive of.”

Fred Monroe, the executive director of the Review Board, has suggested that the towns signed off on the plan in order to negotiate the best deal they could.

The joys and perils of backcountry skiing

On Sunday, I skied the Marcy trail from Adirondak Loj with Mike Lynch and Chris Knight, two reporters from the Adirondack Daily Enterprise. We followed snowshoe tracks nearly to Indian Falls and then broke trail as far as the junction with the Hopkins Trail, 1.2 miles from the summit. We turned around there.

Nate Jeffrey needs a big pack to carry all his essentials. Photo by Phil Brown.

The 6.2-mile ski back to the Loj was fantastic. The week’s snowfalls had left plenty of powder on the sides of our skin tracks—so much that I felt comfortable bombing the Corkscrew, the steep, twisty descent from a ridge. During our descent, we saw only one party of snowshoers between the Hopkins Trail and Marcy Dam. Apparently, the High Peaks don’t get as much use on Super Bowl Sunday.

When we reached the dam, we encountered Nate Jeffrey, one of the caretakers at the forest ranger’s cabin on Lake Colden. The Explorer ran a profile of Nate in its November/December 2009 issue. On Sunday, Nate was on his way back to civilization after spending six nights at the cabin. He was skiing with a huge backpack that contained, among other essentials, his dog (see photo to the right).

Nate mentioned that the night before two skiers had to bivouac in the Dix Mountain Wilderness after getting lost the woods. Mike and Chris, being reporters, immediately recognized this as a good story. Sure enough, you can read about it in today’s Enterprise. Click here to see the online version.

Review Board replies to Adirondack Council

Last week the Adirondack Council criticized the Adirondack Park Local Government Review Board for urging the state to abandon plans to buy Follesnby Pond and some 65,000 acres of former Finch, Pruyn lands. The council argued that the board had overstepped its legislative mandate in commenting on state-land purchases. It also suggested that Fred Monroe, the board’s executive director, and George Canon, who until recently was the board’s chairman, had conflicts of interest in that both belong to hunting clubs that will be forced to shut down or move if the state buys the Finch, Pruyn lands. Monroe has issued the following written statement in response to the council’s critcisms.

The Adirondack Council press release regarding the Review Board resolution opposing fee acquisition of former Finch and Follensby lands is typical Council response to positions taken by organizations that do not hold the same views as the Adirondack Council. The truth is that neither Fred Monroe, the executive director, nor George Canon, the former chairman of the Review Board voted on the resolution.  Mr. Monroe does not have a vote.  Contrary to Council assertions, Mr. Canon was not even present. 

 The Adirondack Council has criticized the Review Board before for commenting publicly on state land purchases – in this case saying it had no business making a statement. It sounds like the Council is trying to revoke the First Amendment — not only free speech, but the right to petition the state government for a redress of grievances.

 The major concerns of Adirondack local governments are the jobs and building rights that will be lost in the Follensby and Finch purchases.  The lost jobs will further harm the Adirondack economy.  The lost building rights will make the affordable housing problem in the Adirondacks worse.  When the supply of building rights is restricted and demand remains steady, or increases, land prices increase.

 The Review Board represents twelve counties.  All Review Board representatives are appointed by those county legislatures.  Those counties have a population of more than one million.   One hundred and thirty thousand live in the Adirondacks.  Counties, towns and villages have legitimate concerns.  The representatives appointed by the counties did their jobs by considering the facts and unanimously passing a well-reasoned resolution.

 The Review Board believes that the APA has a responsibility to insure compliance with the State Land Master Plan which specifically provides that the state should not usually make bulk purchases of highly productive forest land in fee because of the importance of the forest products industry to the economy of the Adirondacks.  That provision has been ignored in fee purchases of state lands in the past.  It appears that, unless policies change,  it will also be ignored in the Finch and Follensby planned purchases.

 The Review Board is statutorily (Executive Law Section 803-a) required to:  advise and assist the APA; advocate for its constituents, and periodically report to the legislature, the governor and the counties that make up the board.  That is what the Review Board did.

 The Review Board executive director sits as a non-voting official at Adirondack Park Agency Board meetings, with a spot on the APA’s agenda each month for “Review Board Comments.” The comments that the Board offers are compilations of comments, concerns and approvals heard on specific issues and general issues from the constituents who are represented by the twelve members of the Review Board appointed by their counties. These are the people who live and work in the Adirondack Park, whose life and livelihood is affected, for better or worse, by each and every decision made by the APA.

Franklin County opposes land deals

The Franklin County legislature has unanimously passed a resolution opposing the state’s proposed acquisition of Follensby Pond and some 65,000 acres once owned by Finch, Pruyn & Co., according to this story in the Adirondack Daily Enterprise. 

The action follows a similar resolution adopted last week by the Adirondack Park Local Government Review Board. Yesterday, the Adirondack Council accused the board of overstepping its authority. The council also accused Fred Monroe, the board’s executive director, of having a conflict of interest, since he belongs to a hunting club that would lose its lease if the state buys the Finch, Pruyn lands.

Earlier today, Monroe pushed back against the council. “It’s a classic Adirondack Council tactic,” he told me, “to obscure the facts, divert attention from the issues, and make personal attacks. ”

Monroe said the Review Board’s resolution reflects concerns he has heard from many towns. He expects a number of towns and counties to adopt resolutions against the land purchases. He hopes a groundwell of opposition to the deals will convince Governor Andrew Cuomo to block them. At this time, however, the state Department of Environmental Conservation has no plans to back out of the deals. The lands were purchased by the Nature Conservancy with the understanding that they would eventually be added to the Forest Preserve. 

Meanwhile, Adirondack Council spokesman John Sheehan is sticking to his guns. In an e-mail to the Explorer, he wrote: “We still think the Review Board’s resolution was inaccurate, inappropriate and unethical and should be withdrawn.”

DEC lawyer files brief in McCulley case

A lawyer for the state Department of Environmental Conservation argues that his former boss misconstrued the Highway Law in dismissing a ticket against a Lake Placid man who drove his pickup truck on an abandoned road in the Sentinel Range Wilderness.

Randall Young, the top attorney in DEC’s Region 6, is asking the commissioner of DEC to clarify a decision handed down in 2009. The decision was made by then-Commissioner Pete Grannis.

Jim McCulley, the president of the Lake Placid Snowmobile Club, sparked the legal dispute after driving his truck on the Old Mountain Road in 2005. The road, now part of the Jackrabbit Ski Trail, runs through a Wilderness Area where motorized use is prohibited. McCulley, however, argued that the road was never legally abandoned.

Grannis agreed with McCulley, but Randall asserts that the former commissioner overlooked factual evidence and legal precedent. Among other things, Grannis noted that the route has continued to be used by hikers and skiers. Randall, however, contends that such recreational use is irrelevant in determining the legal status of a road.

Randall was granted permission in January to file a motion for clarification of the ruling. 

Click the link below to read Randall’s brief.

DEC brief PDF