Cherryville, NC (WNN) - The new Rutherford Crossing Apartment Complex, located at 1444 W Academy Street in Cherryville, NC, has not opened to tenants. Initially, new tenants were instructed they could move in during December 2025, but that has now been pushed to at least March 2026. According to one tenant, the management company Woda Cooper Companies sent a statement stating that radon gas and soil tests did not meet requirements and that mitigation was being performed.
However, WNN reached out to Woda Cooper Companies on February 9th, 2026, and Jill Fazekas, Director of Public Relations for Woda Cooper Companies in Columbus, Ohio, stated,
"I've confirmed there are no radon issues at Rutherford Crossing." - Jill Fazekas
The apartment complex appears to be completely finished, with power on but totally vacant. This includes the on-site office, which is not currently manned. The owner of the Rutherford Crossing Apartment Property is Housing Services Alliance Inc. in Delaware, Ohio.
The area on West Academy Street used to be the City of Cherryville landfill, including Westgate Park. The apartment land is now designated as a North Carolina Department of Environmental Quality (NCDEQ) Brownfields Site. A Brownfields Site is defined as an underused property that would normally not be used because of environmental contamination. Designating the site as a Brownfields site lessens the "sue" potential and limits the liability to the developer. However, the developer must make the property usable in accordance with NCDEQ guidelines. The NCDEQ Brownfields application included the following information on May 10th, 2024, from NCDEQ:
"We are now evaluating Rutherford Crossing LP and the subject property for eligibility for entry into the Brownfields Redevelopment Section. The Proposed Brownfields Property is approximately 16.657 acres and located in Cherryville, North Carolina. The property was used as farmland from at least 1938 to the 1960s. Between the 1960s and 1970s the property was likely used for waste disposal associated with the former Westgate Park Landfill. Previous assessments have indicated that waste disposed of within the property boundary was mostly deposited on the ground surface, with buried waste located on the southeastern adjoining property. The property is now vacant. There are known chlorinated solvent impacts to the groundwater, surface water, and soil gas; known petroleum impacts to soil gas; known VOC/SVOC impacts to the soil; known metal impacts to the soil, groundwater, and surface water; and known mercury impacts to the surface water. Proposed reuse is for an affordable housing project consisting of high-density residential apartments, commercial, recreational, office, and parking space."
In a report to Mr. Bill Schmithorst, Brownfields Project Manager
North Carolina Department of Environmental Quality on December 16th, 2024. The following was stated:
Subject: Final Grade Sampling Report
Rutherford Crossing
1465 W Academy Street
Cherryville, Gaston County, North Carolina 28021
Brownfields Project: 28017-24-036
WSP Project US0043165.5138
"Based on the results of the final grade sampling, WSP offers the following conclusions: Total arsenic, hexavalent chromium, iron, and thallium were detected in one or more final grade composite soil samples above their respective NCDEQ IHSB Residential PSRGs. The iron concentrations identified in the eight composite samples are considered naturally occurring and can be excluded from the cumulative risk evaluation."
The City of Cherryville's Westgate Park, located at 1109 W Carroll Street Ext, is adjacent to the Rutherford Crossing Apartment Complex. Recent signs have been installed at the park stating "Notice - Subsurface Waste".
According to Cherryville City Manager Brian Dalton, a dog park was proposed for the site, but NCDEQ restrictions prevented its construction. "NCDEQ has completed a lot of work at Westgate and placed stipulations that we leave the park as it is now and not build anything else," stated Dalton. After our WNN team did some research, it was determined that Westgate Park was deemed an Inactive Hazardous Substance or Waste Disposal Site and was deed-restricted on August 1st, 2024, and that nothing else could be done at the park; it had to be left basically as is. The park used to have a playground, a fish pond, and many other amenities, which are now gone. However, new pickleball courts and a basketball court were constructed before the new restrictions took place.
This is a developing story, and not all sources have replied to our requests. WNN will release more information as it becomes available.
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