Biochar project still percolates

Chronicle Staff Writer Zander Frost writes Saratoga Biochar held a virtual public meeting Monday, December 19 — part of “a Public Participation Plan” required to comply with New York State Department of Environmental Conservation permit application requirements.

At least 100 people watched.

Biochar opened by explaining their carbon fertilizer facility, then took questions from the virtual audience.
Several guests attempting to speak had technical issues that took time to resolve.

One audience member asked, “When you guys had your meetings with [Moreau Supervisor] Todd Kusnierz and nothing was made public to the town of Moreau. Why was that?”

Moreau Biochar CEO Ray Apy replied, “That’s something you’d have to ask the town. So let me be clear. The Saratoga Economic Development Corporation suggested that I review the Moreau Industrial Park, which was publicly advertised and still is on Moreau’s town website…”

Mr. Apy said the partners were invited for a meeting and Mr. Kusnierz “agreed that, ‘Yes, we’d like to put this park to work. We’re looking for applicants’ and simply pointed us in the direction of applying for a site plan approval with the Moreau Town Planning Board. And that’s pretty much the beginning and the end of our interaction with Mr. Kusnierz…”

The Chronicle on Monday again asked Supervisor Kusnierz about the project.

“The Town Board played no role in the Planning Board’s review and subsequent approval of the project in our industrial park. Since the project is now the subject of pending litigation that has been filed against the town planning board I am unable to comment any further on the project itself at this time,” he replied via text.

Of course even before the lawsuit, Mr. Kusnierz did not go on the record.

The Post-Star published two stories on Biochar last week, one that Mr. Apy told The Chronicle was “somewhat balanced.”

The other he called “an absolute hit piece on our project, and myself personally, and my two partners. It was full of misinformation and an incomplete story.”

It alleged Biochar partner Bryce Meeker worked for a company called AltEn that had its Nebraska facility shut down for pollution in 2021.

Mr. Apy told The Chronicle that Mr. Meeker “wasn’t an owner…did not control the business, had a management title, but was actually a 1099 consultant.

“To his credit, when he recognized that these guys were not on the right path or not doing the right thing and that they were going to fail. He pulled out of there and decided to go off and try to develop his own business,” Mr. Apy said.

The article alleged Wulfekuhle Injection and Pumping, a business founded by another partner, Lee Wulfekuhle, settled a lawsuit with an Iowa couple that accused him of making them ill after storing “sewage sludge” on nearby farmland.

Mr. Apy said it wasn’t “sewage sludge,” it was “biosolids,” that had been treated.

He said that business did apply “biosolids” directly as fertilizer, a practice the partners now oppose — but that it is legal in 44 states, formerly 50.

Mr. Apy claimed in over 20 years of running that business, Mr. Wulfekuhle “had one odor complaint that came from a next door neighbor…”

He said rain made stockpiled biosolids wash out and “raise the stink level exponentially.” Mr. Apy said “They settled for a very modest sub $20,000 settlement.”

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