4401_ROSCANS_2003

9. Environmental Review
Notes: The Environmental Review is attached. This site is a former landfill
and additional requirements apply to insure compatibility with all state
requirements. A letter to Jim Coffey of DENR's Solid Waste 5ection is
attached and it documents that the Town's engineers consulted with that
office in the early stages of project design. The most important letter from
Jim Coffey to the Town Manager, dated January 9, 2003 indicates that the
project appears to be feasible and constructable. Both letters are attached.
Town officials are very aware of the fact that the state will be involved in
every aspect of this project to insure that all requirements are met before.
an official post -closure use of Landfill No. 5B is approved.

North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Eas.ley, Governor..
William G. Ross Jr., Secretary .
Dexter: R. Matthews, Director.'
January 9, 2003
Bill Stamey, Manager
Town Of Canton
PO Box 987
Canton, North Carolina 28716
RE: Proposed International Paper Recreational Park in Canton, North Carolina
Dear Mr. Stamey:
The Solid Waste Section (the Section) has received the Preliminary... Site Plan for the Proposed
Athletic Facility on the closed International Paper Landfill Site (Landfill No. 513) prepared on
your behalf by McGill Associates (letters dated 5 September and 4 December 2002 with Site
Plan drawing dated October 2002). Based on the preliminary plans, six softball fields, two tee
ball fields, a Recreational Center, parking areas, and a walking trail appear to be atop the old
Landfill.No.5B. The four soccer fields, picnic area, .restroom facility, additional parking area,
and concession shelter on the east side of the property appear to be atop the old borrow area for
Landfill No. 513 while the youth soccer field and additional picnic area to the south appear to be
in the buffer area or flood plain of Beaverdam Creek.
Based on the submitted information, the concept of a proposed athletic facility appears feasible
and constructable. However, certain details need to be addressed before the Section can approve
the post -closure use of Landfill No. 513 as proposed. The Section would like to see a more
detailed plan that would address the following:
- Any construction atop the old landfill must not adversely effect the landfill cap,
including building foundations, light or other pole structures, fencing installation,
bleachers, etc.
- Methane gas is a by-product of organic material decomposition that normally occurs in
landfills. This gas is explosive in concentrations of 5% to 15% of ambient air.
Therefore, strict monitoring of methane levels in buildings and structures on and adjacent
to the site and at property boundaries is considered an integral part of landfill post closure
care. Methane monitoring is especially important for a publically used facility.
- No proposed construction or facility feature should involve penetrations through the cap
that would allow a pathway for methane to escape and accumulate.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST CONSUMER PAPER

Mr. Bill Stamey
January 9, 2003
Page 2
- Development within the flood plain of Beaverdam Creek should not adversely effect
any wetlands.
Please submit detailed plans of the proposed facility to the Section for review once they have
been developed. Be sure to include considerations for monitoring methane in structures on
properties adjacent to the landfill such as the ASL Acquisition Corporation property to the north
and residential properties on the west side of the landfill.
If you have any questions about this letter or would like to discuss proposed details, please feel
free to contact Tina Jewett, Western Area Engineer, at 336-771-4608, ext.204.
Sincerely,
ames C. Coa[fey
Section Chief
Solid Waste Section
cc: Brent Rockett, SWS
Jim Patterson, SWS
Tim Jewett, SWS
Cheryl Marks, SWS
LuAnn Bryan, ARO Parks and Recreation
Joel Storrow, McGill Associates

McGill
A S S O C I A T E S
September 5, 2001
Mr. Jinn Coffey, Section Chief
Solid Waste Section
North Carolina Division of Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
RE: Proposed International Paper
Recreation Park
Canton, North Carolina
Dear Mr. Coffey:
On behalf of the Town of Canton, we are providing for your review the enclosed
conceptual site plan for the proposed recreation park at the closed Champion International No.
SB landfill in Canton, North Carolina. Per a letter to you, dated August 14, 2001, from Tom
Richardson with International Paper, the Town of Canton plans to enter into a license
agreement with International Paper to develop the park.
McGill Associates has been retained by the Town of Canton to assist in the
development of the new park. As shown on the enclosed drawing, the park will consist of the
development of nine (9) baseball fields, upgrade of an existing building to be utilized as a
recreation center, and parking areas. A majority of the site will receive 3 to 4 feet- of fill to
allow for shaping and drainage. In order to protect the integrity of the existing cap, there
would be no excavation into the existing grade. We are in the process of beginning an initial
evaluation of site for its suitability. We request your comments regarding these proposed
modifications and any special conditions that may be required by the Section. We expect that
the Town will want to proceed with the final engineering design and permitting in the near
future.
Engineering ;.-PIa'nning Finance
McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801
828.252-0575 • FAX [phone]

Mr. Jim Coffey
September 5, 2001
Page 2
Jim, thank you for your assistance in this matter and please call if have any questions or
need additional information.
Sincerely,
MCGILL ASSOCIATES, P.A.
PJOEL L. STORROW, P.E.
Project Administration Manager
Enclosure
Cc: Mr. Bill Stamey, Town of Canton
00122/letters/jc05sepo l

Environmental Review
Project Name: International Paper Sports Complex
Local Government: Town of Canton
The applicant must provide the following information to help determine the proposed project' s
impact on the environment. J
Site Description: Describe the existing or proposed park property including the park
acreage (land and water), topography, rivers, lakes and any significant natural resources
that are on or adjacent to the site. Attach a separate page if needed.
The proposed park property covers a total of approximately 41 acres. The western
portion of the property is a closed sludge landfill that is owned by International Paper.
The eastern portion of the property is old agricultural land.
The western tract of property has a total acreage of approximately 24 acres. The closed
landfill is estimated to cover approximately 18 acres. The remainder of the property
consists of approximately 5.8 acres of landfill buffer and 0.2 acres of stream and stream
bank for Beaverdam Creek. The top of the landfill cap covers approximately 14.5 acres
and has an average slope of 4 to 5%. The side slopes of the landfill cap cover
approximately 3.5 acres and has an average slope of 40%. This property is bound by
Interstate 40 on the north, ASL Acquisition Corporation (Neo Corporation) on the east,
another closed landfill cell owned by International Paper to the south, and residential
property along the western boundary.
The eastern.tract of property has a total acreage of approximately 17 acres.
Approximately 2.5 acres of the property is relatively steep with slopes ranging between
30 and 40%. Approximately 0.2 acres of the property consists of the stream and stream
bank area of Beaverdam Creek. The remaining approximate 14 acres is relatively flat
pasture with an average slope between 1 and 2%.
Current Property Use: What are the current uses for the property? Examples:
Urban/developed, forest, agricultural, water, or wetland. Attach a separate page if
needed.
The western tract of property is a closed sludge landfill. The eastern tract of property is
old agricultural property, but it does not appear that the property has been used for crop
production recently. It appears that hay is periodically removed from a portion of the
property.
Wetlands: Describe any wetland areas on the site including the acreage (see
"Resources" on page 4 for help in identifying wetlands). Describe any disturbance of
wetlands needed to develop the nr000sed nroiect. Please state if no wetlands exist on the

site. Attach a separate page if needed.
There are no delineated wetlands on this site and no signs of wetlands were discovered
during a walkover of the property.
4.7none
plains: Describe any floodplain areas within or adjacent to the site. Please state if
xist. Attach a separate page if needed.
eaverdam Creek is located along the southern boundary of the property, but the Creek
has not been officially mapped for the presence of Floodplains. Therefore, no
governmentally regulated flood zone exists.
5. Tree and wildlife species: Describe the predominant tree and wildlife species on the
site. Attach a separate page if needed.
Since the property is a closed landfill, the property was previously cleared. The North
Carolina Solid Waste Regulations require the cap to be maintained and do not normally
allow tree growth on the landfill cap. There are a few miscellaneous hardwoods and
pine trees located on the extreme periphery of the property, but the property is almost
entirely clear of trees and is grassed, with the exception of few gravel access roads.
6. Archaeological or historical sites: List any known archaeological or historical sites.
Has the area been surveyed by an archaeologist? (See "Resources" on page 4 for help in
identifying cultural resources). Attach a separate page if needed.
The Current North Carolina Solid Waste Regulations require that an archaeological
survey be performed for proposed landfill sites. However, due to the age of this closed
landfill, it is doubtful that a survey was conducted. We have not located any information
concerning a previous archaeological survey for the site. In addition, it would not be
practical to perform an archaeological survey, since the area has been used for a landfill.
There are not any visible signs of historical sites being located on the property.
7. Existing Structures: List the existing recreational facilities or other structures on the
site. Indicate if any structure is more than 50 years old. Provide a photograph and
pertinent historical information about the structure(s). Will the stricture(s) be
demolished or renovated by the proposed project? Attach a separate page if needed.
There is only one existing structure located on the property. The building is not
currently in use. The building is a prefabricated metal stricture that was previously
used for drystorage. The building is not currently equipped with water, sewer, or

electrical. The building is approximately 115 ` x 90 feet for an approximate square
footage of 10,350. The existing proposed project includes making modifications to this
structure to allow additional soil fill to be placed against the building. This will consist
of pouring a concrete retaining wall around the perimeter of the building and modifying
the existing metal siding. Future plans include renovating this structure so that it may
be used for indoor recreational activities, restrooms, and concessions area.
Utilities: Describe the existing water, sewer, and road systems at the site. Describe any
water, sewer, or road systems included in the proposed project. Attach a° separate page if
needed.
A municipal water line adequate to support the proposed project is located
approximately 500 feet_ west of the existing entrance to the closed landfill site and in the
shoulder of Silkwood Drive. Municipal sewer is located along Beaverdam Creek near
the southern boundary of the property. The existing roads located on the site consist of a
few gravel access roads located on the northern portion of the landfill cap. It is our
understanding that the northern portion of the landfill cap was used as a temporary
staging\storage area at some point in the past. There is also some area lighting located
adjacent to one of the access roads and west of the existing storage building. These
lights are no longer operational.
The proposed project includes extending a 6-inch water line approximately 1,150 L.F.
from the existing municipal water line located in the shoulder of Silkwood Drive. The
water line will service the proposed concessions and restroom areas. The proposed
project also includes constructing approximately 650 L.F. of 6-inch sewer line between
the proposed restroom areas and the existing sewer line located along Beaverdam Creek
near the southern boundary of the property. The proposed project also includes a paved
driveway access from Silkwood Drive and paved parking adequate to service the fields
proposed for construction. The proposed storm drainage will utilize several drop inlets
that are located on top of the landfill cap. These existing structures will be modified to
allow additional drop inlets to drain into them. This will allow the ballfield areas to
realize more efficient drainage without an excessive quantity of additional piping and
without disturbing the existing landfill cap. New electrical service will be required to
service the proposed concessions and restroom areas, as well as the area lighting that is
being proposed. The area lighting will be designed with footings that are shallower, but
much larger than typical for similar lighting applications. This will allow the lighting to
be installed without penetrating the existing landfill cap. This will allow the design to
meet the requirements of International Paper.and the NC Division of Waste
Management, Solid Waste Section.
9. ' Site Clearing: How many acres are to be cleared for the proposed development?
No acres will be cleared.
International Paper, the current owner of the property, and the NC Division of Waste
Management, Solid Waste Section reauires that the cap remain undisturbed during

construction of the proposed park. Therefore, only additional soil material will be added
to the site for constricting the ballfields and other proposed facilities. There will be no
site clearing allowed.
10. New Facilities: If a new indoor facility is proposed, how large is the footprint or square
feet of ground covered? 1200 square feet
The proposed facilities will include a picnic area and a proposed concessions/restroom
building. Each of these buildings will cover approximately 600 square feet.
11. Permits: List all permits that have been applied for or received, such as erosion control,
CAMA or U.S. Army Corps of Engineers permits. Attach a separate page if needed.
NCDENR, Division of Land Quality - Erosion Control Permit
NCDENR, Division of Water Quality - Gravity Sewer Extension Permit
NCDENR, Public Water Supply Section — Water Line Extension Permit
NCDOT, Driveway Permit

North Carolina
Department of Environment and Natural Resources `� •
Division of Waste Management�'��
v NCDENR
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
January 9, 2003
Bill Stamey, Manager
Town Of Canton
PO Box 987
Canton, North Carolina 28716
RE: Proposed International Paper Recreational Park in Canton, North Carolina
Dear Mr. Stamey:
The Solid Waste Section (the Section) has received the Preliminary Site Plan for the Proposed
Athletic Facility on the closed International Paper Landfill Site (Landfill No. 5B) prepared on
your behalf by McGill Associates (letters dated 5 September and 4 December 2002 with Site
Plan drawirig dated"October 2002). "Based on the preliminary plans, six softball fields, two tee
;.balf fields; a Recreational Center, parking areas, and a walking trail appear to be atop the old
Landfill_No:SB:-"The..four soccer fields, picnic area, restroom facility, additional parking area,
and concession shelter on the east side of the property appear to be atop the 'old borrow area for
Landfill No:` 5B while"the youth soccer field and additional picnic area to the"south appear to be
in the buffer area or flood plain of Beaverdam Creek.
Based on the submitted information, the concept of a proposed athletic facility appears feasible
and constructible. However, certain details need to be addressed before the Section can approve
the post -closure use of Landfill No. 5B as proposed. The Section would like to see a more
detailed plan that would address the following:
- Any construction atop the old landfill must not adversely effect the landfill cap,
including building foundations, light or other pole structures, fencing installation,
bleachers, etc.
- Methane gas is a by-product of organic material decomposition that normally occurs in
landfills. This gas is explosive in concentrations of 5% to 15% of ambient air.
Therefore, strict monitoring of methane levels in buildings and structures on and adjacent
to the site and at property boundaries is considered an integral part of landfill post closure
care. Methane monitoring is especially important for a publieally used facility.
- No proposed construction or facility feature should involve penetrations through the cap
that would allow a pathway for methane to escape and accumulate.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/
AN EQUAL, OPPORTUNITY \ AFFWAATM ACTION EMPLOYER- 50% RECYCLED 110% POST CONSUMER PAPER

Mr. Bill Stamey
January 9,2003
Page 2
- Development within the flood plain of Beaverdam Creek should not adversely effect
any wetlands.
Please submit detailed plans of the proposed facility to the Section for review once they have
been developed. Be sure to include considerations for monitoring methane in structures on
properties adjacent to the landfill such as the ASL Acquisition Corporation property to the north
and residential properties on the west side of the landfill.
If you have any questions about this letter or would like to discuss proposed details, please feel
free to contact Tim Jewett, Western Area Engineer, at 336-771-4608, eat.204.
Sincerely,
ames C. Coffey
Section Chief
Solid Waste Section
cc: Brent Rockett, SWS
Jim Patterson, SWS
Tim Jewett, SWS
Cheryl Marks, SWS
LuAnn Bryan, ARQ Parks and Recreation
Joel Storrow, McGill Associates

8. COPY OF DEED OR LEASE
Notes: The lease that was signed by officials of the Town of. Canton and
representatives of International Paper was amended on January 161h, 2003
to provide for a term of twenty-five years. The lease and amendment are
attached for review. A letter from International Paper is also attached
where they have offered to renegotiate any terms that are required by the
Parks and Recreational Trust Fund. The project will rely on an extensive
amount of fill in order to comply,with lease stipulates that no digging shall
take place into the landfill cap. Please see the next section "Environmental
Review" for additional information.

0
Thomas C. Richardson
Project Manager
EHS Remedlation
January 22, 2002
Mr. William G. Stamey
Manager - Town of Canton
58 Park Street
Canton, NG 28716.
INTERNATIONAL@ PAPER
6400 Poplar Avenue
Memphis, TN 38197
T 901 419 3878
F 901 419 3962
Tom.Richardson(cDipaper, com
Re: Modification of the License Agreement for the Town's use of former Champion
International, Landfill No. 5, Haywood County, North Carolina, Permit #44-01
Dear Mr. Stamey:
We have reviewed the North Carolina Department of Environment and Natural Resources
(DENR) comments on our above -referenced License Agreement and per our meeting on
January 16, 2003 we have modified the initial term of the License to 25 years, extending until
January 31, 2028 at which time the License can be renewed. As we discussed last week, we
see no problems with the License as written with the 25-year initial term that would encumber
the recreational uses for which the Town of Canton is planning. I would be happy to meet
with you and representatives of DENR to discuss any other issues that require clarification.
We are looking forward to working with the Town of Canton to provide for the safe, beneficial
use of the landfill surface for the community. If you have any questions regarding the
License Agreement, please contact me at [phone].
Sincerely,
Tom Richardson
cc: Tom Ross, IP
n

LICENSE AGREEMENT"
License Agreement (this "License") made this 1st. day of September 2001 between
INTERNATIONAL PAPER COMPANY, a New York corporation ("Licensor"), and the Town of
Canton, North Carolina, a North Carolina incorporated Town, ("Licensee").
In consideration of the sum of ten dollars ($10.00) and other .good and valuable
consideration, the receipt of which is hereby acknowledged and the mutual covenants and
agreements contained herein the parties hereto agree as follows:
1. Licensor hereby' grants to Licensee a license to use the surface of certain
property situated in Canton, -Haywood County, North Carolina known as "Landfill 513" described
in the Survey For Proposed Lease by L. K. En:sley dated July 17, 2001 and attached. hereto. as
"Exhibit A" and made a part hereof for -all purposes (the "Premises".), effective asof the date
hereof.
2. This License is for an initial term of three (3) years, from the date hereof,
expiring on September 1st, 2004. This License may be renewed for one or more additional
terms upon the same terms and conditions herein, and upon written agreement of the parties.
3. Licensor hereby grants Licensee permission to enter upon and use the Premises
for the sole purpose of recreational use, including the construction of - playing fields for ball
sports and the recreational use of an existing building on the Premises. Any other use of the
Premises requires the prior written consent of Licensor. Prior to commencing any work at the
Premises, Licensee shall obtain all necessary permits as may be required by any governmental
authority or regulatory body and provide proof of same to Licensor. Licensee is responsible for
conducting all necessary studies, investigations and tests to determine the suitability of the
Premises for its intended use. Any modifications to the Premises that may be required to make
the Premises suitable for the intended use shall be the responsibility of the Licensee. All such
studies, investigations, tests and modifications shall be submitted in writing and approved by
Licensor prior to implementation.
4. This License is not a geophysical permit and Licensor is not conveying any
subsurface mineral development rights whatsoever to Licensee. Licensee's rights hereunder
are subject to the oil, gas and mineral rights in, to and under the Premises.
5. Prior to (a) performing or causing any work to be performed pursuant to the
drawing by McGill Associates attached hereto as "Exhibit B", and made a part hereof, (b)
placing wells, ditches.or other excavations on the Premises or (c) placing any fixtures, facilities,
utilities, electric lines, structures or buildings on the Premises, Licensee shall obtain the written
approval of Licensor and Licensee shall also furnish in advance a copy of any construction
plans to North Carolina Department of Environment and Natural Resources. Any such facilities
presently on the Premises and used by Licensee, or constructed by Licensee, shall be
maintained in good condition by and be the sole responsibility of Licensee.
6. Any sanitary facilities and public utilities as may be required by Licensee or any
law, statute or regulation shall be provided, installed and maintained by Licensee in accordance
with the health, safety and other requirements of state and local authorities, and with prior
written permission of Licensor. All costs , of any such facilities and their operation and
LicenseCanton.doc

maintenance shall be borne by Licensee. (Such facilities shall not be built or installed on the
Premises unless required by a governmental authority; provided, however, that Licensee shall
be permitted to install portable toilets so long as the facility is confined and all waste is disposed
of off Licensor's land and as required by law. Licensee shall be responsible at its expense for
such disposal as well as maintenance and removal (at the end of the term). The installation of
groundwater wells will not be permitted on the Premises.
7. Licensee shall, at all times, without cost to-% icensor, keep and maintain t e— -
Premises in good condition, make all repairs to the ground surface, buildings (except for those
buildings to be demolished by Licensee pursuant to this License), and other improvements and.
appurtenances used by. Licensee or placed on the Premises, and maintain the grounds in a
safe, clean and sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste
thereon. Upon the expiration or termination of this License in any manner,)Licensee shall.
peaceably deliver to Licensor the full possession of the Premises and remove all materials,
equipment and improvements placed thereon by Licensee and with regard to the portion of the
Premises used by . Licensee, restore the Premises to the condition that existed at the
commencement of this License. Should Licensee fail within sixty (60) days after the date of the
expiration or termination of this License to make such removal and restoration, Licensor may, at
its option, remove said materials, equipment and improvements and restore said Premises to its
former state at the sole cost of Licensee and/or may take and hold any materials, equipment
and improvements as its sole property to retain as Licensor sees fit.
During the term of this License, Licensor shall have no responsibility to Licensee for the
supervision of the Premises or to render to the Licensee any services, make any repairs or
provide any maintenance to the Premises.
8. Licensee for itself, employees, contractors and invitees, assumes the risk of any
latent or patent defects that are or may be on the Premises or the improvements thereon and
agrees that Licensor shall not be liable for any loss or damage on account of any such defects.
Licensee acknowledges that it is familiar with, and has inspected the Premises and is aware the
Premises were formerly used for the disposal of industrial waste and the presence of this
industrial waste will limit it's ability to develop and utilize the Premises. Furthermore, the
Licensee acknowledges that current or future requirements placed on the Licensor by the State
of North Carolina or other regulatory authorities may at any time- restrict or prohibit the
Licensee's ability to conduct the activities specified under this License. Licensor makes no
representation as to the suitability of the Premises for the intended use of the Licensee.
Licensee shall not conduct any operation or activity that may lead to a release of, or exposure
to, the waste contained in the landfill or otherwise compromise the protectiveness of the
existing landfill cover.
9. Licensee agrees to pay for any damage which may arise to buildings (except for
those buildings to be demolished by Licensee pursuant to this License), or other property of
Licensor on the Premises, except if due to the negligence of Licensor. Licensee shall
indemnify, defend and hold Licensor harmless for any damage to any third party's property,
except if due to the negligence of Licensor.
10. Licensee recognizes that Licensor owns or controls land adjacent to and abutting
the Premises. Licensor reserves the right to continue its use of the Premises without
interruption. Both parties will, however, endeavor to accommodate the use of.the Premises by
the other. Licensee shall take all reasonable care to avoid causing .any damage or injury to
Lice nseCanton.doc 2

Licensor's other lands and property. Licensee shall, however, upon demand, promptly repair or
reimburse Licensor for any damage_ to Licensor's other lands or property, caused, in whole or in
part, by Licensee's operations.
11. To ensure compliance with the terms hereof, Licensor shall have the right to
_inspect the Premises as used by Licensee and to review Licensee's operations at any
reasonable time. Licensor shall have the right to take at any time any action on the Premises to
ensure compliance with all applicable permits, laws, regulations, rules and orders with respect —
to the Premises (whether or not related to Licensee's use of the Premises) relating to
environment, health, safety, environmental protection, waste disposal and water and air quality.
12. Licensee shall be entitled to those rights of ingress and egress over and across
the Premises which are necessary to accomplish the purposes authorized by this License. In
exercising such rights of ingress and egress, Licensee shall use only those routes approved in
advance in writing by Licensor, and shall at all times cooperate with and accommodate
Licensor's use of such adjacent or nearby roads or property. Licensee shall maintain in a safe,
careful and, workmanlike manner all roads or rights -of -way used by Licensee, and shall
promptly -repair any damage caused to any roads or passages by Licensee's operations and
use. All roads constructed by Licensee (such construction being only with. Licensor's prior
written permission) shall become the property of Licensor. Licensee shall ensure that access to
the Premises is limited to Licensee, its employees, agents, invitees and others with legitimate
purposes.
13. Licensor may terminate this License upon ten (10) days prior written notice
should Licensee in any way fail to fulfill each and every obligation of this License and such
failure is not cured within forty-five (45) days after the giving of notice that Licensor intends to
cancel this License.
In addition, in the event that the North Carolina Department of Environment: and Natural
Resources or other regulatory authority notifies either party that Licensee may not use the
Premises pursuant to this License, this License. shall terminate upon the parties' receipt of such
notice.
14. Licensee shall conduct all of its operations in a safe and workmanlike manner, at
its own cost, expense and risk. Licensee hereby covenants and agrees with Licensor to
reimburse, indemnify and hold harmless Licensor from and against any and all liabilities, claims,
suits, judgments, losses. or damages, either to person (including death) or property, including
without limitation, all attorneys' fees, consulting and engineering fees, court costs, expenses,
expert fees, discovery costs and all other costs arising out of, incident to, or resulting from the
operations of Licensee, its employees; agents, representatives, contractors, invitees (including
the public), successors or assigns, on the Premises, regardless of whether Licensor is alleged
to have been or was negligent. Licensee hereby waives, as against Licensor, any immunity to
suit afforded by applicable worker compensation laws or obtain any law or statute.
15. Prior to occupying or using the Premises, Licensee shall carry, with insurers
satisfactory to Licensor, and maintain during the term hereof, Auto Liability Insurance, including
owned, hired and non -owned vehicles, with limits of not less'than $3,000,000, combined single
limit, for both.bodily injury liability and property damage liability each occurrence; Commercial
General Liability Insurance, including all contractual liability hereunder, with limits not less than
$3,000,000, combined single limit, for both bodily injury liability and property damage liability
LicenseCanton.doc

each occurrence; Worker's Compensation Insurance in the amount required by statute; and
Employer's Liability Insurance fully covering all employees and supervisors participating in
Licensee's operations hereunder, with limits not less than $500,000. Prior to commencing
operations hereunder, a Certificate of Insurance evidencing such coverage, satisfactory to
Licensor, shall be furnished to Licensor, which shall specifically state that such insurance shall
provide for at least thirty (30) days' notice to Licensor in the event of cancellation or any
material change in such insurance policies. The Certificate of Insurance for the Commercial
General Liability Insurance shall name Licensor as an additionalinsured. The workers
compensation certificate shall bear an endorsement clearly evidencing a waiver of the right of
subrogation against Licensor and its subsidiaries. Should Licensee fail to furnish current
evidence upon demand of any insurance required hereunder, or in the event of cancellation or
adverse material change in any such insurance, Licensor may, at its option, suspend this
License until insurance is obtained or terminate this License immediately without further action.
16. Licensee shall comply, at Licensee's expense, with all present and future
applicable laws, regulations, rules and orders with respect to the use by Licensee of the
Premises, regardless of when they become effective, including, without limitation, those relating
to construction, grading, signage, health, safety, noise; environmental protection, waste
disposal and water and air quality, and shall furnish satisfactory evidence of such compliance
upon request of Licensor. Licensee's failure to comply with such laws, regulations, rules and
orders shall give Licensor, at its option, the right to terminate this License and/or suspend
Licensee's activities on the Premises until compliance is achieved. Should any discharge,
improper storage, leakage, spillage, emission, contamination or pollution of any type occur
upon or from the Premises due to or associated with Licensee's use and occupancy thereof,
Licensee, at Licensee's expense, shall immediately clean all property affected thereby to the
satisfaction of Licensor and any governmental body or agency having jurisdiction thereover.
Licensee's obligations to clean such property shall survive the termination or expiration of this
License and Licensee's vacancy from the Premises. Licensee hereby waives any statute of
limitations which might bar Licensor from recovery against Licensee for damages Licensor
suffers, including clean-up costs, for any such pollution, emission, improper storage,
contamination, leakage, discharge or spillage, on the Premises resulting from Licensee's
operations -and use thereof. Further,: Licensee shall indemnify, hold harmless and defend
Licensor against all liability, damage, losses, costs and expenses (including, without limitation,
any fines, penalties, judgments, litigation costs, experts' fees, attorneys' fees and consulting,
engineering and construction costs) incurred by Licensor as a result of Licensee's breach of this
paragraph or as a result of any such discharge, contamination, leakage, storage, emission,
spillage, or pollution, regardless of whether such liability, damage, loss, cost, or expense arises
during or after the term of this License and regardless of whether such liability, damage, loss,.
cost or expense may be contributed to or exacerbated in part by the negligence of Licensor.
Licensee shall not be responsible for any contamination, pollution, emission,. leakage, or
damage to the Premises and other affected property caused by the sole negligence of Licensor.
17. Licensee hereby agrees that it shall not store toxic or hazardous materials on the
Premises, including petroleum products, paint thinner, or cleaning solvents containing any
hazardous substance. Should a release of any petroleum product or other toxic or hazardous
substance occur on the Premises, Licensee shall immediately notify Licensor and the proper
regulatory authorities and proceed to promptly clean the area and remove any contaminated
soil to a permitted facility.
LicenseCanton.doc 4

18. Licensee shall immediately notify Licensor if it discovers any defect in,
contamination or other problem with the Premises and cease ariy activities that might
exacerbate the problem or put person or property at risk of injury or damage. If it is determined
by Licensor that any state of federal law, rule or regulation would be violated by Licensee's
continued operations hereunder, Licensor may immediately terminate this License as to all or
part of the Premises covered hereby.
- 19: Licensee shall not have the right to assign or -sublet the Premises or any part- -
thereof without Licensor's written permission. Any attempted assignment or sublet shall be.void
and shall not relieve Licensee of its liabilities and obligations herein.
20. All notices to be given under this License shall be given by certified mail,
overnight delivery or hand delivery at the following address:
LICENSOR:
Thomas C. Richardson
International Paper Company
6400 Poplar Avenue
Memphis TN 38197
Telephone: 90-1 -- 763-7607
Fax: 901 - 763-6500
LICE
7�
Patrick U. Smathers, Mayor
Town of Canton
P.O. Box 987
Canton, NC 28716
Telephone:[phone]
Fax: [phone]
21. The failure of Licensor to insist upon a strict performance of any of the terms,
conditions and covenants herein shall not be deemed a waiver of any subsequent breach or
default in the terms, conditions and covenants herein contained.
22. All prior negotiations, oral or written documentation relating to this License are
merged herein. This written License is the only expression of the parties' understanding and
agreement. This License may not be changed orally, or in any manner other than in writing,
signed by the party against whom enforcement is sought.
23. This License shall be construed in accordance with the laws of the state in which
the Premises are located.
24. In the event any suit or other proceeding is instituted by either parry to enforce or
interpret any part of this License, the prevailing party shall be entitled to recover from the other
party reimbursement for its reasonable attorneys' fees, court costs and litigation expenses
therein, as well as in any appeal from same.
25. The Town of Canton agrees to assume responsibility for payment of all property
taxes for the Premises during the term of the License.
---------------------------------------SIGNATURE PAGE TO FOLLOW -----------------------------------------
UcenseCanton.doc

SIGNATURE PAGE
IN WITNESS WHEREOF, Licensgr nd Licensee have caused this instrument to be
duly executed. on this I q day of �U b jV- 2001.
Wl, . _ESSES:
WITNESSES: ,
STATE OF `T V�Vl2s��
COUNTY OF
LICENSOR:
IN ATIONAL PAPER COMPANY
Title:
TOWNN
*► �r s►
By -
Title: Ma vo r
f NOTARY
§ PUBLIC
§ AT
§ LARGE
BP,,-fgre me the undersigned author' ycourgy . y appeared
B who upon his/her oath, didat he/she had the
authority and capacity to sign this License on behalf of International Paper Company and
having fully read and understood the contents has executed same for the purposes and
consideration stated therein. (IY
My Commission Expires June 4, 2002 PUBLIC
My Commission Expires (SEAL)
STATE OF North Carolina §
COUNTY OF Haywood §
Before me the undersigned authority personally appeared
Patrick U. Smathers , who upon his/her oath, did state that he/she had the
authority and capacity to sign this License on behalf of the Town of Canton, North Carolina and
having fully read and understood the contents has executed same for the purposes and
consideration stated therein.
` IvO RY �Ui3LIC
August 29, 2005'
My Commission Expires (SEAL)
LicenseCanton.doc 6

MODIFICATION NUMBER ONE TO LICENSE AGREEMENT
This is Modification Number One to the License Agreement ("License") made this 16th
day of January 2003 between INTERNATIONAL PAPER COMPANY, a New York corporation
("Licensor"), and the Town of Canton, North Carolina, a North Carolina incorporated Town,
("Licensee").
The parties hereto agree to modify the term of the License in Section 2 as follows:
2. This License is for an initial term of twenty-five (25) years, from the date hereof,
expiring on January 31st, 2028. This License may be renewed for one or more additional terms
upon the same terms and conditions herein, and upon written agreement of the parties.
IGNATURE PAGE TO FOLLOW
LF5 License Canton -Mod 1.doc

SIGNATCJRE PAGE
IN WITNESS WHEREOF, Licensor and Licensee have caused this instrument to be duly
executed on this day of"� 2003.
LICENSOR:
INTERNATIONAL PAPER COMPANY
WITNESSES:
TitIe:�Tc��
WITNESSES:
STATE OFJk(�(
COUNTY OFA1('I
J
Rein re me^ ``the undersigned authority personally appeared
�(aJYl2/ who upon his/her oath, did state that he/she had the
authority a d capacity to sign this License on behalf of International Paper Company and having
fully read and understood the contents has execu ed same for the purpo es and consideration
stated therein.
NOTHRYU B L I C
My C mmission Expires (SEAL)
STATE OFW�:
_ §
COUNTY OF( i � .� , cU §
Before- the undersigned authority personally appeared
Q ,,J , M �� who upon his/her oath, did state that he/she had the
authority and capacity to signIthis License on behalf of the Town of Canton, North Carolina and
having fully read and understood the contents as executed same f r the purposes and
consideration stated therein. \ j
NOT RY P BLIC
,Lu .. � C►D."
My ommission Expires (SEAL)
LicenseCanton.doc

0
9. Environmental Review
Notes: The Environmental Review is attached. This site, is a former landfill
and additional requirements apply to insure compatibility with all state
requirements. A letter to Jim Coffey of DENR's Solid Waste Section is
attached and it documents that the Town's engineers consulted with that
office in the early stages of project design. The most important letter from
Jim Coffey to the Down Manager, dated January 9, 2003 indicates that the
project appears to be feasible and constructable. Both letters are attached.
Town officials are very aware of the fact that the state will be involved in
every aspect of this project to insure that all requirements are met before_
an official post -closure use of Landfill No. 5B is approved.

North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor..::
William G. Ross Jr.,. Secretary. .
Dexter.R. Matthews, Director.
January 9, 2003
Bill Stamey, Manager
Town Of Canton
PO Box 987
Canton, North Carolina 28716
RE: Proposed International Paper Recreational Park in Canton, North Carolina
Dear Mr. Stamey:
The Solid Waste Section (the Section) has received the Preliminary.. Site Plan for the Proposed
Athletic Facility on the closed International Paper Landfill Site (Landfill No. 513) prepared on
your behalf by McGill Associates (letters dated 5 September and 4 December 2002 with Site
Plan drawing dated October 2002). Based on the preliminary plans, six softball fields, two tee
ball fields, a Recreational Center, parking areas, and a walking trail appear to be atop the old
Landfill.No.5B. The four soccer fields, picnic area, •restroom facility, additional parking area,
and concession shelter on the east side of the property appear to be atop the old borrow area.for
.Landfill No. 513 while the youth soccer field and additional picnic area to the south appear to be
in the buffer area or flood plain of Beaverdam Creek.
Based on the submitted information, the concept of a proposed athletic facility appears feasible
and constructible. However, certain details need to be addressed before the Section can approve
the post -closure use of Landfill No. 5B as proposed. The Section would like to see a more
detailed plan that would address the following:
- Any construction atop the old landfill must not adversely effect the Iandfill cap,
including building foundations, light or other pole structures, fencing installation,
bleachers, etc.
- Methane gas is a by-product of organic material decomposition that normally occurs in
landfills. This gas is explosive in concentrations of 5% to 15% of ambient air.
Therefore, strict monitoring of methane levels in buildings and structures on and adjacent
to the site and at property boundaries is considered an integral part of landfill post closure
care. Methane monitoring is especially important for a publically used facility.
- No proposed construction or facility feature should involve penetrations through the cap
that would allow a pathway for methane to escape and accumulate.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.car.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

Mr. Bill Stamey
January 9, 2003
Page 2
- Development within the flood plain of Beaverdam Creek should not adversely effect
any wetlands.
Please submit detailed plans of the proposed facility to the Section for review once they have
been developed. Be sure to include considerations for monitoring methane in structures on
properties adjacent to the landfill such as the ASL Acquisition Corporation property to the north
and residential properties on the west side of the landfill.
If you have any questions about this letter or would like to discuss proposed details, please feel
free to contact Tim Jewett, Western Area Engineer, at 336-771-4608, ext.204.
Sincerely,
awes C. Coffey
Section Chief
Solid Waste Section
cc: Brent Rockett, SWS
Jim Patterson, SWS
Tim Jewett, SWS
Cheryl Marks, SWS
LuAnn Bryan, ARO Parks and Recreation
Joel Storrow, McGill Associates

IlMcGiH
A S S O C I A T E S
September 5, 2001
Mr. Jim Coffey, Section Chief
Solid Waste Section
North Carolina Division of Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
RE: Proposed International Paper
Recreation Park
Canton, North Carolina
Dear Mr. Coffey:
On behalf of the Town of Canton, we are providing for your review the enclosed .
conceptual site plan for the proposed recreation park at the closed Champion International No.
5B landfill in Canton, North Carolina. Per a letter to .you, dated August 14, 2001, from Tom
Richardson with International Paper, the Town of Canton plans to enter into a license
agreement with International Paper to develop the park.
McGill Associates has been retained by the Town of Canton to assist in the
development of the new park. As shown on the enclosed drawing, the park will consist of the
development of nine (9) baseball fields, upgrade of an existing building to be utilized as a
recreation center, and parking areas. A majority of the site will receive 3 to 4 feet- of fill to
allow for shaping and drainage. In order to protect the integrity of the existing cap, there
would be no excavation into the existing grade. We are in the process of beginning an initial
evaluation of site for its suitability. We request your comments regarding these proposed
modifications and any special conditions that may be required by the Section. We expect that
the Town will want to proceed with the final engineering design and permitting in the near
future.
Engineering Pla-nn1.ng Finance
McGill Associates, P.A. • P.O. Box 2159, Asheville, NC 28802 - 55 Broad Street, Asheville, NC 28801
828.252-0575 • FAX [phone]

Mr. Jim Coffey
September 5, 2001
Page 2
Jim, thank you for your assistance in this matter and please call if have any questions or
need additional information.
Sincerely,
MCGILL ASSOCIATES, P.A.
1/ JOEL L. STORROW, P.E.
Project Administration Manager
Enclosure
Cc: Mr. Bill Stamey, Town of Canton
00122/letters/j e05sep01

Environmental Review
Project Name: International Paper Sports Complex
Local Government: Town of Canton
The applicant must provide the following information to help determine the proposed project' s
impact on the environment.
1. Site Description: Describe the existing or proposed park property including the park
acreage (land and water), topography, rivers, lakes and any significant natural resources
that are on or adjacent to the site. Attach a separate page if needed.
The proposed park property covers a total of approximately 41 acres. The western
portion of the property is a closed sludge landfill that is owned by International Paper.
The eastern portion of the property is old agricultural land.
The western tract of property has a total acreage of approximately 24 acres. The closed
landfill is estimated to cover approximately 18 acres. The remainder of the property
consists of approximately 5.8 acres of landfill buffer and 0.2 acres of stream and stream
bank for Beaverdam Creek. The top of the landfill cap covers approximately 14.5 acres
and has an average slope of 4 to 5%. The side slopes of the landfill cap cover
approximately 3.5 acres and has an average slope of 40%. This property is bound by
Interstate 40 on the north, ASL Acquisition Corporation (Neo Corporation) on the east,
another closed landfill cell owned by International Paper to the south, and residential
property along the western boundary.
The eastern.tract of property has a total acreage of approximately 17 acres.
Approximately 2.5 acres of the property is relatively steep with slopes ranging between
30 and 40%. Approximately 0.2 acres of the property consists of the stream and stream
bank area of Beaverdam Creek. The remaining approximate 14 acres is relatively flat
pasture with an average slope between 1 and 2%.
2. Current Property Use: What are the current uses for the property? Examples:
Urban/developed, forest, agricultural, water, or wetland. Attach a separate page if
needed.
The western tract of property is a closed sludge landfill. The eastern tract of property is
old agricultural property, but it does not appear that the property has been used for crop
production recently. It appears that hay is periodically removed from a portion of the
property.
3. Wetlands: Describe any wetland areas on the site including the acreage (see
"Resources" on page 4 for help in identifying. wetlands). Describe any disturbance of
wetlands needed to develop the nr000sed nroiect. Please state if no wetlands exist on the

site. Attach a separate page if needed.
There are no delineated wetlands on this site and no signs of wetlands were discovered
during a walkover of the property.
4. Floodplains: Describe any floodplain areas within or adjacent to the site. Please state if
none exist. Attach a separate page if needed.
Beaverdam Creek is located along the southern boundary of the property, but the Creek
has not been officially mapped for the presence of Floodplains. Therefore, no
governmentally regulated flood zone exists.
5. Tree and wildlife species: Describe the predominant tree and wildlife species on the
site. Attach a separate page if needed.
Since the property is a closed landfill, the property was previously cleared. The North
Carolina Solid Waste Regulations require the cap to be maintained and do not normally
allow tree growth on the landfill cap. There are a few miscellaneous hardwoods and
pine trees located on the extreme periphery of the property, but the property is almost
entirely clear of trees and is grassed, with the exception of few gravel access roads.
6. Archaeological or historical sites: List any known archaeological or historical sites.
Has the area been surveyed by an archaeologist? (See "Resources" on page 4 for help in
identifying culturat resources). Attach a separate page if needed.
The Current North Carolina Solid Waste Regulations require that an archaeological
survey be performed for proposed landfill sites. However, due to the age of this closed
landfill, it is doubtful that a survey was conducted. We have not located any information
concerning a previous archaeological survey for the site. In addition, it would not be
practical to perform an archaeological survey, since the area has been used for a landfill.
There are not any visible signs of historical sites being located on the property.
7. Existing Structures: List the existing recreational facilities or other structures on the
site. Indicate if any stricture is more than 50 years old. Provide a photograph and
pertinent historical information about the stricture(s). Will the structure(s) be
demolished or renovated by the proposed project? Attach a separate page if needed.
There is only one existing structure located on the property. The building is not
currently in use. The building is a prefabricated metal stnicture that was previously
used for dry storage. The building is not currently equipped with water, sewer, or

electrical. The building is approximately 115 ` x 90 feet for an approximate square
footage of 10,350. The existing proposed project includes making modifications to this
structure to allow additional soil fill to be placed against the building. This will consist
of pouring a concrete retaining wall around the perimeter of the building and modifying
the existing metal siding. Future plans include renovating this structure so that it may
be used for indoor recreational activities, restrooms, and concessions area.
8. Utilities: Describe the existing water, sewer, and road systems at the site. Describe any
water, sewer, or road systems included in the proposed project. Attach a separate page if
needed.
A municipal water line adequate to support the proposed project is located
approximately 500 feet west of the existing entrance to the closed landfill site and in the
shoulder of Silkwood Drive. Municipal sewer is located along Beaverdam Creek near
the southern boundary of the property. The existing roads located on the site consist of a
few gravel access roads located on the northern portion of the landfill cap. It is our
understanding that the northern portion of the landfill cap was used as a temporary
staging\storage area at some point in the past. There is also some area lighting located
adjacent to one of the access roads and west of the existing storage building. These
lights are no longer operational.
The proposed project includes extending a 6-inch water line approximately 1,150 L.F.
from the existing municipal water line located in the shoulder of Silkwood Drive. The
water line will service the proposed concessions and restroom areas. The proposed
project also includes constructing approximately 650 L.F. of 6-inch sewer line between
the proposed restroom areas and the existing sewer line located along Beaverdam Creek
near the southern boundary of the property. The proposed project also includes a paved
driveway access from Silkwood Drive and paved parking adequate to service the fields
proposed for construction. The proposed storm drainage will utilize several drop inlets
that are located on top of the landfill cap. These existing structures will be modified to
allow additional drop inlets to drain into them. This will allow the ballfield areas to
realize more efficient drainage without an excessive quantity of additional piping and
without disturbing the existing landfill cap. New electrical service will be required to
service the proposed concessions and restroom areas, as well as the area lighting that is
being proposed. The area lighting will be designed with footings that are shallower, but
much larger than typical for similar lighting applications. This will allow the lighting to
be installed without penetrating the existing landfill cap. This will allow the design to
meet the requirements of International Paperand the NC Division of Waste
Management, Solid Waste Section.
9. Site Clearing: How many acres are to be cleared for the proposed development?
No acres will be cleared.
International Paper; the current owner of the property, and the NC Division of Waste
Management, Solid Waste Section requires that the cap remain undisturbed during

construction of the proposed park. Therefore, only additional soil material will be added
to the site for constricting the ballfields and other proposed facilities. There will be no
site clearing allowed.
10. New Facilities: If a new indoor facility is proposed, how large is the footprint or square
feet of ground covered? 1200 square feet
The proposed facilities will include a picnic area and a proposed concessions/restroom
building. Each of these buildings will cover approximately 600 square feet.
11. Permits: List all permits that have been applied for or received, such as erosion control,
CAMA or U.S. Army Corps of Engineers permits. Attach a separate page if needed.
NCDENR, Division of Land Quality - Erosion Control Permit
NCDENR, Division of Water Quality - Gravity Sewer Extension Permit
NCDENR, Public Water Supply Section — Water Line Extension Permit
NCDOT, Driveway Permit

8. COPY OF DEED OR LEASE
Notes: The lease that was signed by officials of the Town of Canton and
representatives of International Paper was amended on January 161h, 2003
to provide for a term of twenty-five years. The lease and amendment are
attached for review. A letter from International Paper is also attached
where they have offered to renegotiate any terms that are required by the
Parks and Recreational Trust Fund. The project will rely on an extensive
amount of fill in order to comply with lease stipulates that no digging shall
take place into the landfill cap. Please see the next section"Environmental
Review" for additional information.

0
Thomas C. Richardson
Project Manager
EHS Remedlation
January 22, 2002
Mr. William G. Stamey
Manager - Town of Canton
58 Park Street
Canton, NC 28716
INTERNATIONAL ko PAPER
6400 Poplar Avenue
Memphis, TN 38197
T 901 419 3878
F 901 419 3962
Tom.Richardson ipaoer.com
Re: Modification of the License Agreement for the Town's use of former:Champion
International, Landfill No, 5, Haywood County, North Carolina, Permit #44-01
Dear Mr. Stamey:
We have reviewed the North Carolina Department of Environment and Natural Resources
(DENR) comments on our above -referenced License Agreement and per our meeting on
January 16, 2003 we have modified the initial term of the License to 25 years, extending until
January 31, 2028 at which time the License can be renewed. As we discussed last week, we
see no problems with the License as written with the 25-year initial term that would encumber
the recreational uses for which the Town of Canton is planning. I would be happy to meet
with you and representatives of DENR to discuss any other issues that require clarification.
We are looking forward to working with the Town of Canton to provide for the safe, beneficial
use of the landfill surface for the community. If you have any questions regarding the
License Agreement, please contact me at [phone]_
Sincerely,
Tom Richardson
cc: Tom Ross, IP

LICENSE AGREEMENT'
License Agreement (this "License") made this 1st day of September 2001 between
INTERNATIONAL PAPER COMPANY, a New York corporation ("Licensor"), and the Town of
Canton, North Carolina, a North Carolina incorporated Town, ("Licensee").
In consideration of the sum. of ten dollars ($10.00) and other .good and valuable
consideration, the receipt of which is hereby acknowledged and the mutual covenants and
agreements contained herein the parties hereto agree as follows:
1. Licensor herebygrants to Licensee a license to use the surface. of certain
property situated in Canton, .Haywood County, North Carolina known as "Landfill 513n described
in the Survey For Proposed Lease by L. K. Ensley dated July 17, 2001 and attached hereto. as
"Exhibit A" and made a part hereof for -all purposes (the "Premises''), effective as of the date
hereof.
2. This License is for an initial term of three (3) years, from the date hereof,
expiring on September 1st, 2004. This License may be renewed for one or more additional
terms upon the same terms and conditions herein, and upon written agreement of the parties.
3. Licensor hereby grants Licensee permission to enter upon and use the Premises
for the sole purpose of recreational use, including the construction of' playing fields for ball
sports and the recreational use of an existing building on the Premises. Any other use of the
Premises requires the prior written consent of Licensor. Prior to commencing any work at the
Premises, Licensee shall obtain all necessary permits as may be required by any governmental
authority or regulatory body and provide proof of same to Licensor. Licensee is responsible for
conducting all necessary studies, investigations and tests to determine the suitability of the
Premises for its intended use. Any modifications to the Premises that may be required to make
the Premises suitable for the intended use shall be the responsibility of the Licensee. All such
studies, investigations, tests and modifications shall be submitted in writing and approved by
Licensor prior to implementation.
4. This License is not a geophysical permit and Licensor is not conveying any
subsurface mineral development rights whatsoever to Licensee. Licensee's rights hereunder
are subject to the oil, gas and mineral rights in, to and under the Premises.
5. Prior to (a) performing or causing any work to be performed pursuant to the
drawing by McGill Associates attached hereto as "Exhibit B", and made a part hereof, (b)
placing wells, ditches.or other excavations on the Premises or (c) placing any fixtures, facilities,
utilities, electric lines, structures or building_ s on the Premises, Licensee shall obtain the written
approval of Licensor and Licensee shall also furnish in advance a copy of any construction
plans to North Carolina Department of Environment and Natural Resources. Any such facilities
presently on the Premises and used by Licensee, or constructed by Licensee, shall be
maintained in good condition by and be the sole responsibility of Licensee.
6. Any sanitary facilities and public utilities as may be required by Licensee or any
law, statute or regulation shall be provided, installed and maintained by Licensee in accordance
with the health, safety and other requirements of state and local authorities, and with prior
written permission of Licensor. All costs _ of any such facilities and their operation and
UcenseCanton.doc

maintenance shall be borne by Licensee. !Such facilities shall not be built or installed on the
Premises unless required by a governmental authority; provided, however, that Licensee shall
be permitted to install portable toilets so long as the facility is confined and all waste is disposed
of off Licensoe's land and as required by law. Licensee shall be responsible at its expense for
such disposal as well as maintenance and removal (at the end of the term). The installation of
groundwater wells will not be permitted on the Premises.
�7. Licensee shall, at all times, without cost to'ricensor, keep and maintain the
Premises in good condition, make all repairs to the ground surface, buildings (except for those
buildings to be demolished by Licensee pursuant to this License), and other improvements and
appurtenances used by. Licensee or- placed on the Premises, and maintain the grounds in a
safe, clean and sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste
thereon. Upon the expiration or termination of this License in any manner,)Licensee shall.
peaceably deliver to Licensor the full possession of the Premises and remove all materials,
equipment and improvements placed thereon by Licensee and with regard to the portion of the
Premises used by Licensee, restore the Premises to the condition that existed at the
commencement of this License. Should Licensee fail within sixty (60) days after the date of the
expiration or termination of this License to make such removal and restoration, Licensor may, at
its option, remove said materials, equipment and improvements and restore said Premises to its
former state at the sole cost of Licensee and/or may take and hold any materials, equipment
and improvements as its sole property to retain as Licensor sees fit.
During the term of this License, Licensor shall have no responsibility to Licensee for the
supervision of the Premises or to render to the Licensee any services, make any repairs or
provide any maintenance to the Premises.
8. Licensee for itself, employees, contractors and invitees, assumes the risk of any
latent or patent defects that are or may be on the Premises or the improvements thereon and
agrees that Licensor shall not be liable for any loss or damage on account of any such defects.
Licensee acknowledges that it is familiar with, and has inspected the Premises and is aware the
Premises were formerly used for the disposal of industrial waste and the presence of this
industrial waste will limit it's ability to develop and utilize the Premises. Furthermore, the
Licensee acknowledges that current or future requirements placed on the Licensor by the State
of North Carolina or other regulatory authorities may at any time- restrict or prohibit the
Licensee's ability to conduct the activities specified under this License. Licensor makes no
representation as to the suitability of the Premises for the intended use of the Licensee.
Licensee shall not conduct any operation or activity that may lead to a release of, or exposure
to, the waste contained in the landfill or otherwise compromise the protectiveness of the
existing landfill cover.
9. Licensee agrees to pay for any damage which may arise to buildings (except for
those buildings to be demolished by Licensee pursuant to this License), or other property of
Licensor on the Premises, except if due to the negligence of Licensor. Licensee shall
indemnify, defend and hold Licensor harmless for any damage to any third party's property,
except if due to the negligence of Licensor.
10. Licensee recognizes that Licensor owns or controls land adjacent to and abutting
the Premises. Licensor reserves the right to continue its use of the Premises without
interruption. Both parties will, however, endeavor to accommodate the use of.the Premises by
the other. Licensee shall take all reasonable care to avoid causing .any damage or injury to
LicenseCanton.doc

Licensor's other lands and property. Licensee shall, however, upon demand, promptly repair or
reimburse Licensor for any damage to Licensor's other lands or property, caused, in whole or in
part, by Licensee's operations.
11. To ensure compliance with the terms hereof, Licensor shall have the right to
-inspect the Premises as used by Licensee and to review Licensee's operations at any
reasonable time. Licensor shall have the right to take at any time any action on the Premises to
ensure compliance with all applicable permits, laws, regulations, rules and orders with respect —
to the Premises (whether or not related to Licensee's use of the Premises) relating to
environment, health, safety, environmental protection,. waste disposal and water and air quality.
12. Licensee shall be entitled to those rights of ingress and egress over and across
the Premises which are necessary to accomplish the purposes authorized by this License. In
exercising such rights of ingress and egress, Licensee shall use only those routes approved in
advance in writing by Licensor, and shall at all times cooperate with and accommodate
Licensor's use of such adjacent or nearby roads or property. Licensee shall maintain in a safe,
careful and -workmanlike manner all roads or rights -of -way used by Licensee, and shall
promptly -repair any damage caused to any roads or passages by Licensee's operations and
use. All roads constructed by Licensee (such construction being only with. Licensor's prior
written permission) shall become the property of Licensor. Licensee shall ensure that -access to
the Premises is limited to Licensee, its employees, agents, invitees and others with legitimate
purposes.
13. Licensor may terminate this License upon ten (10) days prior written notice
should Licensee in any way fail to fulfill each and every obligation of this License and such
failure is not cured within forty-five (45) days after the giving of notice that Licensor intends to
cancel this License.
In addition, in the event that the North Carolina Department of Environment: and Natural
Resources or other regulatory authority notifies either party that Licensee may not use the
Premises pursuant to this License, this License. shall terminate upon the parties' receipt of such
notice.
14. Licensee shall conduct all of its operations in a safe and workmanlike manner, at
its own cost, expense and risk. Licensee hereby covenants and agrees with Licensor to
reimburse, indemnify and hold harmless Licensor from and against any and all liabilities, claims,
suits, judgments, losses .or damages, either to person (including death) or property, including
without limitation, all attorneys' fees, consulting and engineering fees, court costs, expenses,
expert fees, discovery costs and all other costs arising out of, incident to, or resulting from the
operations of Licensee, its employees, agents, representatives, contractors, invitees (including
the public), successors or assigns, on the Premises, regardless of whether Licensor is alleged
to have been or was negligent. Licensee hereby waives, as against Licensor, any immunity to
suit afforded by applicable worker compensation laws or obtain any law or statute.
15. Prior to occupying or using the Premises, Licensee shall carry, with insurers
satisfactory to Licensor, and maintain during the term hereof, Auto Liability Insurance, including
owned, hired and non -owned vehicles, with limits of not less 'than $3,000,000, combined single
limit, for both.bodily injury liability and property damage liability each occurrence; Commercial
General Liability Insurance, including all contractual liability hereunder, with limits not less than
$3,000,000, combined single limit, for both bodily injury liability and property damage liability
LicenseCanton.doc

each occurrence; Worker's Compensation Insurance in the amount required by statute; and
Employer's Liability Insurance fully covering all employees and supervisors participating in
Licensee's operations hereunder, with limits not less than $500,000. Prior to commencing
operations hereunder, a Certificate of Insurance evidencing such coverage, satisfactory to
Licensor, shall be furnished to Licensor, which shall specifically state that such insurance shall
provide for at least thirty (30) days' notice to Licensor in the event of cancellation or any
material change in such insurance policies. The Certificate of Insurance for the Commercial
General Liability Insurance shall name Licensor as an additionalinsured. The workers
compensation certificate shall bear an endorsement clearly evidencing a waiver of the right of
subrogation against Licensor and its subsidiaries. Should Licensee fail to furnish current
evidence upon demand of any insurance required hereunder, or in the event of cancellation or
adverse material change in any such insurance, Licensor may, at its option, suspend this
License until insurance is obtained or terminate this License immediately without further action.
16. Licensee shall comply, at Licensee's expense, with all present and future
applicable laws, regulations, rules and orders with respect to the use by Licensee of the
Premises, regardless of when they become effective, including, without limitation, those relating
to construction, grading, signage, health, safety, noise, environmental protection, waste
disposal and water and air quality, and shall furnish satisfactory evidence of such compliance
upon request of Licensor. Licensee's failure to comply with such laws, regulations, rules and
orders shall give Licensor, at its option, the right to terminate this License and/or suspend
Licensee's activities on the Premises until compliance is achieved. Should any discharge,
improper storage, leakage, spillage, emission, contamination or pollution of any type occur
upon or from the Premises due to or associated with Licensee's use and occupancy thereof, .
Licensee, at Licensee's expense, shall immediately clean all property affected thereby to the
satisfaction of Licensor and any governmental body or agency having jurisdiction thereover.
Licensee's obligations to clean such property shall survive the termination or expiration of this
License and Licensee's vacancy from the Premises. Licensee hereby waives any statute of
limitations which might bar Licensor from recovery against Licensee for damages Licensor
suffers, including clean-up costs, for any such pollution, emission, improper storage,
contamination, leakage, discharge or spillage, on the Premises resulting from Licensee's
operations. and use thereof. Further,* Licensee shall indemnify, hold harmless and defend
Licensor against all liability, damage, losses, costs and expenses (including, without limitation,
any fines, penalties, judgments, litigation costs, experts' fees, attorneys' fees and consulting,
engineering and construction costs) incurred by Licensor as a result of Licensee's breach of this
paragraph or as a result of any such discharge, contamination, leakage, storage, emission,
spillage, or pollution, regardless of whether such liability, damage, loss, cost, or expense arises
during or after the term of this License and regardless of whether such liability, damage, loss„
cost or expense may be contributed to or exacerbated in part by the negligence of Licensor.
Licensee shall not be responsible for any contamination, pollution, emission,. leakage, or
damage to the Premises and other affected property caused by the sole negligence of Licensor.
17. Licensee hereby agrees that it shall not store toxic or hazardous materials on the
Premises, including petroleum products, paint thinner, or cleaning solvents containing any
hazardous substance. Should a release of any petroleum product or other toxic or hazardous
substance occur on the Premises, Licensee shall immediately notify Licensor and the proper
regulatory authorities and proceed to promptly clean the area and remove any contaminated
soil to a permitted facility.
LicenseCanton.doc

18. Licensee shall immediately notify Licensor if it discovers any defect in,
contamination or other problem with the Premises and cease any activities that might
exacerbate the problem or put person or property at risk of injury or damage. If it is determined
by Licensor that any state of federal law, rule or regulation would be violated by Licensee's
continued operations hereunder, Licensor may immediately terminate this License as to all or
part of the Premises covered hereby.
- 19: Licensee shall not have the right to assign or -sublet the Premises or any part- -
thereof without Licensor's written permission. Any attempted assignment or sublet shall be.void
and shall not relieve Licensee of its liabilities and obligations herein.
20. All notices to be given under this License shall be given by certified mail,
overnight delivery or hand delivery at the following address:
LICENSOR:
Thomas C. Richardson
International Paper Company
6400 Poplar Avenue
Memphis TN 38197
Telephone: 901 - 763-7607
Fax. 901 - 763-6500
LICE
r
Patrick U. Smathers, Mayor
^_Town of Canton
P.O. Box 987
Canton, NC 28716 _
Telephone: [phone]
Fax: [phone]
21. The failure of Licensor to insist upon a strict performance of any of the terms,
conditions and covenants herein shall not be deemed a waiver of any subsequent breach or
default in the terms, conditions and covenants herein contained.
22. All prior negotiations, oral or written documentation relating to this License are
merged herein. This written License is the only expression of the parties' understanding and
agreement. This License may not be changed orally, or in any manner other than in writing,
signed by the party against whom enforcement is sought.
23. This License shall be construed in accordance with the laws of the state_ in which
the Premises are located.
24. In the event any suit or other proceeding is instituted by either parry to enforce or
interpret any part of this License, the prevailing party shall be entitled to recover from the other
party reimbursement for its reasonable attorneys' fees, court costs and litigation expenses
therein, as well as in any appeal from same.
25. The Town of Canton agrees to assume responsibility for payment of all property
taxes for the Premises during the term of the License.
---SIGNATURE PAGE TO FOLLOW-----------
LicenseCanton.doc 5

SIGNATURE PAGE
IN WITNESS WHEREOF, Lice�nsgr nd Licensee have caused this instrument to be
duly executed -on this q day of _U a ) OjV- , 2001.
WI,. . . ESSES:
\.—
WITNESSES:
Aff
STATE OF 1 ehV)e -- .
COUNTY OF
B re me the
authority and capacity to sign thi
having fully read and understood
consideration stated therein.
My Commission Expires June 4, 2002
My Commission Expires
STATE OF North Carolina
COUNTY OF Haywood
LICENSOR:
IN ATIONAL PAPER COMPANY
By:�
Title:
LICENSEE:
TOWN A , NC
BY
Title: Mayor
s
"Y
§ � NOTARY
§ PUBLIC
§ LARGE
undersigned authori 00(jngr. y appeared
who upon his/her oath, did at�t at he/she had the
License on behalf of International Paper Company and
the contents has executed same for the purposes and
(A��YPU�BLIC
(SEAL)
I
Before me the undersigned authority personally appeared
Patrick U. Smathers , who upon his/her oath, did state that he/she had the
authority and capacity to sign this License on behalf of the Town of Canton, North Carolina and
having fully read and understood the contents has executed same for the purposes and
consideration stated therein.
N .: RY kIJUBLIC
August 29, 2005
My Commission Expires (SEAL.)
LicenseCanton.doc
s

MODIFICATION NUMBER ONE TO LICENSE AGREEMENT
This is Modification Number One to the License Agreement ("License") made this 16th
day of January 2003 between INTERNATIONAL PAPER COMPANY, a New York corporation
("Licensor"), and the Town of Canton, North Carolina, a North Carolina incorporated Town,
("Licensee").
The parties hereto agree to modify the term of the License in Section 2 as follows:
2. This License is for an initial term of twenty-five (25) years, from the date hereof,
expiring on January 31 st, 2028. This License may be renewed for one or more additional terms
upon the same terms and conditions herein, and upon written agreement of the parties.
---------------------------------------SIGNATURE PAGE TO FOLLOW
LF5 License Canton -Mod 1.doc

SIGNATURE PAGE
IN WITNESS WHEREOF, Licensor and Licensee have caused this instrument to be duly
executed on this 141'�' day of -06N a�— 2003.
LICENSOR:
INTERNATIONAL PAPER COMPANY
WITNESSES:
Title:
WITNESSES:
STATE OF �k ���( L� GC�
§
COUNTY 01_14wmi
§
Be re me^ 11 the undersigned authority personally appeared
JIMI did that he/she had the
% , . , < * �'y who upon his/her
oath, state
authority Ad c pacity to sign this License on behalf
of International Paper Company and having
fully read and understood the contents has execu ed same for the purpo es and consideration
stated therein.
M
�j
NOT RY UBLIC
GC.0 ,L � ✓
My C mmission Expires
(SEAL)
STATE OF_l� �j
§
COUNTY OFF i � new
§
Befor - the undersigned authority personally appeared
Q N upon his/her oath, did state that he/she had the
;� ,Q/ ,L,q , who
authority and capacity to signjthis License on behalf of the. Town of Canton, North Carolina and
having fully read and understood the contents
as excuted same, f r the purposes and
consideration stated therein.
NOT RY P BLIC
My ommission Expires
(SEAL)
LicenseCanton.doc 6

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North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary July 18, 2003
Dexter R. Matthews, Director
Mr. Thomas C. Richardson
International Paper Corporation
6400 Poplar Ave.
Memphis, Tn. 38197
NCDEN-R
RE: Water Quality Monitoring Requirements - International Paper Landfill No. 5 - Canton, NC
Dear Mr. Richardson:
The request to modify water quality monitoring requirements at the International Paper Corporation Landfill No. 5
located at Canton, NC has been reviewed. The request, dated July 2, 2003, was made by Altamont Environmental,
Inc. on behalf of International Paper. Proposed modifications included a reduction in the sampling parameter list
and sampling frequency.
Based on the monitoring results for the facility, the Solid Waste Section conditionally approves some changes in the
current monitoring plan. Beginning in 2004, monitoring well and surface water samples shall be sampled on an
annual basis for the following list of parameters:
1. Total Iron;
2. Total Cadmium;
3. Chloride;
4. Sulfate;
5. Total Dissolved Solids.
In addition, the field parameters of temperature, pH, and specific conductivity must be measured for each sample
during each sampling event.
The following parameters will be removed from monitoring requirements: (1.) Calcium, (2.) Magnesium,
(3.) Manganese, (4.) Potassium, (5.) Sodium, (6.) Arsenic, (7.) Barium, (8.) Chromium, (9.) Nickel, (10.) Nitrate,
(11.) Nitrite, (12.) Phenolics, (13.) Selenium, (14.) Silver, (15.) Total Organic Carbon, (16.) Zinc, (17.) Copper,
(18.) Fluoride, (19.) Lead, and (20.) Mercury.
If monitoring data from the revised list of parameters indicate a decline in water quality or if conditions change at
the site, the Solid Waste Section reserves the right to reinitiate semiannual monitoring for the full list of parameters.
If there are violations of groundwater standards, an assessment with possible corrective action may be required.
If you have any questions, please call me at [phone], extension 257.
Sincerely,
�k
any/Rose
Environmental Compliance
Solid Waste Section
cc: Mark Poindexter - Head, Field Operations Branch
Brent Rockett - Western District Supervisor
Al Hetzell - Waste Management Specialist
Cheryl Marks - Hydrogeologist
James McElduff - Altamont Environmental, Inc.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST CONSUMER PAPER