injunction of six temper sales offered as part of the range fire roadside hazard free project is a forest service categorically exclude them from review environmental assessment or environmental impacts easter sales cover seven indicated anything of the scope of the term purcel rather it said it was rex if these were a little surface it was the environmental impact of the projects not its purpose that is relevant for determining what level of anybody's require the distance from the road so if we have a forty foot tree that is sixty feet from the road that would be styled  no i wouldn't because it has to fit the examples clearing brush and printing the education now if that's what you mean by scope then i suppose that's what we're talking about  scope rather than the actual activities like there's no doubt that the forest service if a tree is hanging over the road or is threatening to fall into the road that forest service can cut it down leave by the side of the for that is a means of road that would be included in the scope of cleared of brush say a log you know a tree itself might be included in that but that is a wholly separate leave them in place it's theoretically possible but you know i would still say it really exceeds the scope of the categorical exclusion to do so on thousands of acres with either team didn't exist it wouldn't but the scope of the orbit the fact that you thirteen exist shows even more so that a project over two hundred and fifty dollars acres cannot be exempted under some other rule because the forest service itself so we can only exclude commercial timber sales of salad sales up to two hundred and fifty  and as we've discussed it removes down logs that might otherwise be needed for wildlife live on the left before i reserve my time so i want to get on to the irreparable harm in equities i think has shown us members would suffer road so that's why you have the extra one point five times tree height category so i think the nature of your question was you were suggesting maybe they're removing trees that aren't all enough to fall into the road no that's not the case each of the criteria focus my argument on the merits prong and whether the act is authorized under the ranch or projects within the scope of the or st i want to directly address some of the questions asked by judge fletcher with respect to the one and a half three distance of  circumstances it may if there is a slow and in some circumstance it might not work it could roll onto the road he might not strike the road but this authorization is accounting for trees that may fall onto the road as well of certain trees being a distance from the road that me straight the road and this criteria really have its limitations on which trees can be removed and not allow a three pronged harvest i'd like to turn statement that which is a correct one that only trees up to fourteen inches in diameter need to be removed under the contract and in fact the experts record each d one of these at the bottom plainly states the timber under fourteen inches the forest service takes care of that which also goes to our point about what could happen during the pendency of a cleaner a junction we pointed out that the forest service can take care of any trees that are in that imminently fall during the few consider an alternative that wouldn't be a hazard we're talking about something very different my time is about up and unless anyone of your honor's have any more questions