ASHEVILLE, N.C. (828newsNOW) — The community has joined the fight to save a business’ access to the small slip of land where Hominy Creek meets the French Broad River — a place it has called home since 2016.

French Broad Outfitters at Hominy Creek, a quirky river bar and watercraft rental place frequented by locals, has been discovered by tourists and rediscovered by the nonprofit that has a conservation agreement for the property.

A sand dredging operation operated on about an acre of the 11.7-acre site before FBO moved in and created an outdoor haven with launch and landing points for water excursions, ebike and pedal bike rentals, a bar, food truck and live music. There are also picnic areas and plenty of places to dip your toes in the water.

But all that is in jeopardy after a conservation easement between Buncombe County and RiverLink was recently found. The easement, signed in 2006, prohibits commercial activity on the property, except for the then-existing sand-dredging operation. That means FBO will have to close, RiverLink and Buncombe County officials said. Oct. 15 will be its last day at Hominy Creek. Its Riverside Drive location will remain open.

“I know this is really sad news about French Broad Outfitters. The long and short of it is that as this conservation easement stipulates, commercial and civic-cultural use are not allowed. The conservation easement is legally binding, so there’s not wiggle room to make adjustments or negotiations,” Buncombe County Communications and Public Engagement Director Lillian M. Govus said via email.

But FBO owner Brennan Splain disagreed.

“The conservation easement is a tricky deal, although for the greater good, of course. Ultimately, there are ways that they can be amended, the county would just need to WANT to do something about it,” Splain said via email. “As far as fighting it goes, there’s not really much left that we can do. I tried my best to talk to everyone involved behind the scenes before we got to this point. Riverlink claims their hands are tied and the County has just flatly refused everything.”

So, some local residents stepped in and created a petition to get the two groups to change their minds and let FBO stay in its spot next to Hominy Creek River Park and the French Broad River Greenway. The petition created July 1 has already garnered almost 1,600 signatures.

“Join us in urging the county to reconsider and support FBO at Hominy Creek. Let’s preserve this invaluable community asset that brings joy, recreation, and conservation stewardship to Asheville. Sign the petition today to SAVE FBO and come on out to the creek to experience the magic for yourself!” the petition said.

Buncombe County, which owns the land, wants to expand its adjacent Hominy Creek River Park into the area. And the easement is pretty specific about what is allowed on the property.

“Commercial activities, except the dredging operation located on the Protected Property, are prohibited,” the easement states.

“The purposes of this Conservation Easement are to preserve and protect the conservation values of the Protected Property and to maintain permanently the recreational, scenic, open and natural character of the Protected Property, and to prevent any use of the Protected Property that will significantly impair or interfere with the conservation values or interest of the Protected Property,” it continues.

CLICK HERE TO READ THE CONSERVATION EASEMENT

But that doesn’t mean local residents are giving up.

“I used to work here and my husband’s funeral/celebration of life was here. The place is sacred and needs to be preserved as a place for locals by locals!” Jacquelyn Hammond wrote on the petition.

“We live in Asheville because of the ability to enjoy the out of doors in a safe protected space with other people in the community. FBO is such a space. It is a ssfe place to enjoy nature at its best and other people. It can be accessed by canoe, kayak, bicycle, automobile or by walking,” Glen Miska wrote on the petition page.

“There can’t possibly be a better use for this space. FBO on Hominy is a community treasure. If the idea is to simply extend the greenway, then I think that’s a complete waste of tax dollars and should seriously be reconsidered,” Wesley Allen wrote.

“Hominy Beach and FBO are rare assets to our community. It’s enjoyed by a diverse mix of outdoors people, families, and dog owners. It’s a perfect companion to Hominy Creek Greenway and a fun place that could not be replicated under the conservation easement. An exception to the easement should be allowed for a facility that promotes outdoor activity,” Rob Williams wrote.

But RiverLink holds the conservation easement, Govus said.

“Their monitoring report discovered the violation and brought it to our attention,” Govus said. “We worked with RiverLink and FBO to get it back in compliance, and, as you can see in the agreement, compliance equates to no commercial use. The original easement falls under a prior administration. Of course, we were interested in trying to find ways to accommodate French Broad Outfitters, but, ultimately, there was no legal pathway.”