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4 <br /> Extraction of Earth Products <br /> The Zoning Ordinance defines the extraction of earth <br /> products as "the process of removal of mineral ores, soils <br /> or other solids, liquid or gaseous matter from their <br /> original location. It does not include any processing of <br /> such material, beyond incidental mechanical consolidation <br /> or sorting to facilitate transportation to the site of use <br /> or location of further processing" . Extraction of Earth <br /> Products is listed in the Table of Permitted uses as a <br /> Class A Special Use, and is allowed only in the <br /> Agricultural Residential and Agricultural Services, and <br /> Industrial zoning districts. <br /> Landfill <br /> The Zoning Ordinance defines a landfill as "a site within <br /> which is deposited solid waste material, including trash, <br /> construction debris, stumps, branches and limbs, garbage <br /> and industrial waste" . Landfills larger than two acres <br /> are also a Class A Special Use, allowed only in the AR, <br /> R1, RB, AS and Industrial zoning districts. <br /> Approval Authority <br /> Orange County has no jurisdiction to require permit <br /> approval if borrowing and filling occurs within DOT right- <br /> of-way. <br /> If the borrow pit is located on private property, then <br /> approval of a Class A Special Use Permit would be required <br /> for the extraction of fill material, but only if the <br /> property were located in the AR zoning district. A borrow <br /> pit would not be permitted at all in any other district. <br /> Prior to the filling of the pit with material such as <br /> debris associated with the construction, a Special Use <br /> Permit for a landfill would be required. <br /> The Solid Waste Division of the Department of Environment <br /> Health and Natural Resources does not require a permit for <br /> projects which fall under the Beneficial Disposal Rule. <br /> This Rule exempts "beneficial fill" from State permitting <br /> requirements. Beneficial fill is defined as inert debris <br /> consisting of "uncontaminated soil, rock, stone, gravel, <br /> brick, and concrete" . The Beneficial Disposal Rule does <br /> not, however, exempt such activities from local land use <br /> regulations. <br /> Implication for Projects such as Widening of 1-85 <br /> Another issue is raised by this inquiry is the possibility <br /> of encountering borrow pits outside of the NCDOT right-of- <br /> way in connection with the widening of 1-85 . If the <br /> borrow pit was located in an area designated as Rural <br /> Residential in the Land Use Element of the Comprehensive <br /> Plan, then the property could not be rezoned to a district <br /> would allow the use. The only recourse in that case <br />