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Date Posted: 06:05:46 11/22/04 Mon
Author: E. Schlimmer
Subject: "Illegal"
In reply to: Nate 's message, "Re: The Path More Followed." on 10:37:40 11/15/04 Mon

Hey Nate. I don't know much about the path that's cut up "Nubble Peak." When I climbed this mountain I headed up
Haystack Brook then buswhacked to the slides on the north side of the peak. From the summit of Nubble Peak I headed basically SSE to the Twins. From what I hear though, there is a path cut up the east side of Nubble Peak.

When someone says it's "illegal" to do something in the woods, that means it's illegal in the legal sense of the word: You'll get a ticket, or reprimanded, or thrown in jail for doing whatever it is that's illegal (like having a fire in a no fire zone). The rule that Gene Daniel enacted- that he will not give you a patch for climbing the New England 100 highest if you take the path up Nubble Peak- is just his own rule and only effects the chance of you getting a 100 highest patch.

I haven't seen the path up Nubble Peak but I can assume it's eroded and getting worse, much like the paths up many 4,000-foot peaks in the Adirondacks. What Gene wants to do perhaps is to keep the wild character of Nubble Peak in place and to make it harder to get up it (i.e. "make" you bushwhack to the top and back down).

If you take the cut path or not, the path will still be there, still erode, and still detract from the wilderness character of the mountain anyway, so I see no reason not to take it. The best thing may be to place some barriers to stop the erosion, then brush the path in so people can't find it. Rather than doing this yourself (which would be illegal in many cases), one can always suggest to the U.S. Forest Service that they close this path using one of their trail crews, though they have too much work on the table aleady.

Thank you for the insights. What I want to know is, where you said there was a trail up "Nubble Peak," are you erring to the illegally cut one that approaches from the north? I ask because even though you said that it's okay to use illegally created trails (as long as one doesn't make any), in Gene Daniels' "Routes to the New England Hundred Highest" he refers to an illegal trail up the Peak Above the Nubble, one which climbs the mountain so steeply that it creates enough of an erosion issue that he wrote that anyone who uses that path will be refused admission to the
Hundred Highest Club. Are there two illegally cut trails that lead to the Peak Above the Nubble, has the original been improved that it's now okay to use, or is the one path still illegal to use? Thank you for any information you can provide in this matter.

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