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Lieth can't recall the conversation, but he does know the study they refer to — a preliminary study. Archeologists had only explored the high-up barren granite lands, versus the more habitat-friendly waterfront, because that's all they had time for. In , Vulcan commissioned a more extensive study, and found six probable house foundations, including one on the former Fogarty land.

But the conversation set something off in Brian. He felt disrespected; he and Frank had played on those foundations as kids. So they started a crusade, setting out to find anything they can to get Fogarty's Cove in Fogarty hands again. The Fogarty brothers stumbled across surprises that made them both curious and furious. There were small surprises, like in Guysborough's municipal planning strategy, which had recently been updated to include two coincidental back-to-back goals : to develop more natural resources and to "take advantage" of private land "held for generations without … being made available for development.

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With each discovery, Brian and Frank think they've gotten closer to blocking the project. But they sometimes fling suspicions like spaghetti at a wall: They're skeptical of royalty flows, public awareness, even drilling tests near the borders of the former Fogarty lands.

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And many of these suspicions circle around a coincidence or minor slip-up, or come with a set of he-said-she-said complications. One of the more awkward points in Brian and Frank's fight lies in the original land grant, signed on behalf of Queen Victoria. The brothers like to point out that it says the land is their family's "forever. The brothers have limited options. Expropriations and land deals happen all the time, whenever someone's property gets in the way of a tax-boosting development. For past projects, Guysborough has had to force people out of their homes.

Next they have to divide it among the heirs. A handful of relatives have come forward for a chunk of the cash. Fogarty's Cove , the album, closes with a character named Tom Finch leaving the Canso region behind after government decisions shutter the plant where he works. And one man, says Frank, gives their story some hope: Stan Rogers.

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Fog rolls in over a wharf in Canso. T he Fogarty's Cove that Stan Rogers sang about was story-enhancing fiction, but the real cove had exactly the kind of untouched beauty that kept him coming back to the region. One of the best ways for the public to challenge a project like the Black Point Quarry is on the ecological front.

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Quarries are not tidy operations. Companies have refined drilling, blasting and excavating techniques, but at the end of the day, they still have to drill, blast and excavate. Frank and Brian Fogarty have delighted in challenging the various rounds of documentation and draft reports that the governments require, knowing it's the most likely chance to slow or stop the quarry. But the likelihood of that is rapidly shrinking.

The public was invited to comment on the report until early February. Until then, the Fogarty brothers are hanging hope on a key feature in the draft report: its proposed lack of third-party oversight. The Sierra Club joined the Fogarty brothers in commenting on the draft. Atlantic chapter director Gretchen Fitzgerald feels that the process so far has prevented the public from sufficiently evaluating Vulcan's compensation and mitigation plans.

As it stands, "They're making the rules and then get to referee," she says. Environmental self-monitoring, common for projects such as this, often forces the public to trust a company to handle its own problems. That trust isn't exactly high among those who've studied the Black Point Quarry plan.

The Fogarty brothers are concerned that family grave sites and artifacts may be lost to the quarry, and insist that they have a representative present for the excavation of potential heritage sites. Some locals worry that noise could disrupt the quarry's neighbours for decades.

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Others are concerned that wetlands could be damaged, trickling trouble through the whole Canso Peninsula. The Chedabucto Bay side would be even more at risk of water disturbances from silt or fuel leaks, and the increase in shipping traffic as a result of the quarry could pose a risk to inshore fishermen.

In interviews, both Vulcan and the municipality were eager to bring up a letter the Guysborough County Inshore Fishermen's Association signed in support of the quarry. In a sense, that's true: They've worked with the association to modify their plans and shipping routes to avoid traps and reduce harm to marine habitats. But the fishermen's support is actually tentative. Companies have always come and gone from the Canso area; they've learned not to trust the benevolence of industry.

Fishing nets in Philips Harbour. S ierra Club officials think there's an ethical dimension to the Black Point Quarry that's not being discussed enough: Dangling economic benefits in front of an already hard-off community, they suggest, is unfair. Guysborough's own research gives this theory some weight.

In , the municipality conducted a phone survey of people and found that 79 per cent expected the Black Point Quarry to have a "positive impact" on the community. But there is fine print. Less than 20 per cent of those surveyed suggested they were "knowledgeable" about the project. And their efforts to engage locals have been mostly unrequited; only 11 per cent of residents surveyed had actually gone to the most recent major public meeting. If there truly is a common public opinion about the fate of Fogarty's Cove, even the municipality's own survey suggests it is an uninformed one.

When asked about this, economic-development director Gordon MacDonald did not answer directly, acknowledging instead that skepticism or low knowledge is inevitable, especially given the early stage of the project. Local concerns about preserving the natural environment around Fogarty's Cove, however, have been measured before — by Stan Rogers's cousin, Stephen Bushell.

Opinions can change over time, though. Former Canso mayor Ray White signed the petition all those years ago, but is now firmly in support of the quarry. Numerous locals The Globe contacted were fearful that speaking out against the quarry might hurt loved ones praying for jobs it would bring. Artist Steven Rhude, a petition organizer who used to live in a cottage facing Black Point, is less deterred. Glynn Williams has some alternate solutions. Like Stan Rogers, Williams came to the region from away and was captivated.

The Bay Street entrepreneur loves Guysborough with all his heart and a good portion of his wallet. He's poured millions into the municipality: He runs a local inn, brought in a successful craft brewery and coffee roastery, restored part of the Guysborough village's main street, and owns a local golf course. Williams was drawn to the region for its natural beauty, but has spent the last few years watching the municipality propose numerous environmentally destructive megaprojects. Investing in small business, he writes, may be the key for Guysborough's turnaround.

There's an echo of Stan Rogers's story in Williams's: He came to the region from away, he was captivated and he's using the skill he knows best — business investment — to put it on the map. A weather vane in Canso. V ulcan has high expectations for the Black Point Quarry. The Alabama company was drawn to the project for a number of reasons. We're sitting in DesBarres Manor — the inn owned by Glynn Williams — before Vulcan officials take me on a hike through the property. He keeps on listing: "Chedabucto Bay is ice-free, which would allow us to ship year-round," Lieth says.

If the draft environmental plan is approved as is, it would take a couple of years for construction to begin — but only if Vulcan decides to move ahead. It reserves the right to pull out.


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It's happened before, next door to Nova Scotia near St. Andrews, N. Guysborough officials, of course, are aware of this possibility. It won't deter them. For opponents of the quarry — for Brian and Frank Fogarty — this means Vulcan pulling out would be less a win than the start of a new battle. They could, however, seek a small victory on another front.


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Nova Scotia's Expropriation Act leaves little room for appeal, but there's legal principle left for the brothers to explore. When the causeway to Cape Breton was built half a century ago, a man with nearby property had his land expropriated for the rock beneath it. It's legally well-established that compensation should be based on market value at the time of expropriation.

But the causeway case helped establish that the principle of "special adaptability" expands the definition of what, exactly, the market value is of. Better compensation wouldn't be the same as getting the property back. Nor would it reverse what frustrates Brian and Frank Fogarty the most: that the municipality didn't give their family enough opportunity to build a case against expropriation. So they intend to keep fighting on any front they can find.


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Their dream for Fogarty's Cove is simple. They want it protected by law so that their family and the public can enjoy its natural peace. And maybe, they've idly wondered, it could host some kind of homage to the man who made it famous. June Jarvis has a little cove of her own. Just south of Canso, she and her husband keep a cottage they call Sanddollar, and from the sunroom you can watch the Atlantic roll in a dozen metres away.

At 79, she still marches out to the cove to bathe, using dish soap to lather in the salt water, full of life after decades spent caring for others.

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She abandoned a career as a writer in her 20s to look after aging relatives, kids of her own and later, as a housing-authority manager, her whole community. You never know what you might see. Here, she's at her most peaceful. Greed is driving it, and insensitivity is fuelling it. The people who want to do this don't care about the other aspects of it.