1

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

CIVIL ACTION NO. 1:20-cv-00460-RP

SUPPLEMENT CORRECTING EXHIBIT H (ECF DOC. # 10-13) TO 

SIERRA CLUB’S MOTION FOR PRELIMINARY INJUNCTION

Sierra Club respectfully submits this notice correcting Exhibit H to Sierra Club’s Motion for 

Preliminary Injunction (ECF Doc. #10-13) by supplementing the Declaration of Jennifer Blair with 

four attachments (Attachments A-D), which Ms. Blair referenced in her declaration but Sierra Club 

inadvertently omitted from the original filing. The complete Declaration of Jennifer Blair, including 

Attachments A through D, is attached. 

Respectfully submitted,

/s/Joshua Smith

JOSHUA D. SMITH

Ore. Bar No. 071757 (pro hac vice)

SIERRA CLUB

2101 Webster Street, Suite 1300

Oakland, CA 94612

Telephone: (415) 977-5560

Fax: (510) 208-3140

joshua.smith@sierraclub.org

SIERRA CLUB,

Plaintiff,

v.

UNITED STATES ARMY CORPS OF 

ENGINEERS et al,

Defendants.

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 1 of 40
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CERTIFICATE OF SERVICE

I hereby certify that, on this 29th day of June, 2020, a true and correct copy of the foregoing 

document was filed and served using the electronic case filing system (ECF) pursuant to the 

electronic filing requirements of the United States District Court for the Western District of Texas.

/s/ Joshua D. Smith 

Joshua D. Smith

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 2 of 40
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF TEXAS

AUSTIN DIVISION 

SIERRA CLUB 

 Plaintiffs 

v. 

U.S. ARMY CORPS OF ENGINEERS, 

et al., 

Defendants

1:20-CV-00460 

Declaration Jennifer Blair 

1. My name is Jennifer Blair. I have personal knowledge of the matters

stated herein. I reside in Kyle, Texas. 

2. I am a Certified Wildlife Biologist® by The Wildlife Society, which is

a non-profit association involved in wildlife stewardship through science and 

education. I hold an Endangered Species Act Section 10(a)(1)(A) permit from the 

U.S. Fish and Wildlife Service authorizing me to conduct research and recovery 

studies on numerous federally listed species, as well as a Texas Parks and Wildlife 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 3 of 40
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Department permit authorizing me to perform work on all wildlife species within 

Texas. 

3. I have worked in the wildlife and environmental consulting industry

and in the Hill Country region of Texas for 17 years. I have visited several of the 

properties along the Permian Highway Pipeline route prior to their inclusion along 

the pipeline route, as they are habitat to the golden-cheeked warbler and other 

sensitive species in Texas. 

4. I have evaluated the information that Permian Highway

Pipeline LLC provided to the permitting agencies 

and have documented inaccuracies in the information provided to the 

permitting agencies and witnessed violations and impacts to the 

environment, including golden-cheeked warbler habitat and waterways, 

as a result of the ongoing construction activities on properties along the 

pipeline route. The pipeline right-of-way through the Hill Country region of Texas 

consists of grasslands, shrublands, savannah, and woodlands, with a mix of native 

trees of all ages and sizes; shrubs and native grasses; and perennial, intermittent, and 

ephemeral streams, as well as other types of lands such as agricultural fields, road 

rights-of-way, and residential properties. The pipeline construction process uses 

heavy equipment to clear cut and strip the vegetation down to the soil, shred the 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 4 of 40
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material into mulch which in most cases is spread across the right-of-way, and grind 

all of the stumps. The topsoil is then removed and piled along the sides of the rightof-way and the mulched vegetative material is mixed into the topsoil when the 

topsoil is removed and piled, until such time as the pipe is in the ground and the 

right-of-way¶V VXUface is ready to be reclaimed. However, this material piled on site 

is left unattended for long stretches of time, allowing for the material to wash off of 

the right-of-way and into waterways during rain events. Prior to cutting the trench 

for the pipeline, the right-of-way is graded using heavy machinery which involves 

cutting into steep-sloped areas and hillsides as much as thirty feet or more in some 

areas to less than ten feet in others. The subsoils and crushed rock from grading 

(commonly referred to as overburden) are also stockpiled along the sides of the rightof-way and left there until the trench is dug, pipe is brought in, strung, assembled, 

placed within the trench, and then buried, which occurs, in many cases, several 

weeks if not several months after the initial clearing and preparation of the right-ofway was performed. The overburden piles can also be washed away during rain 

events. Due to the significant soil disturbance, removal of all vegetation, and lack of 

measures to hold the disturbed soils in place during construction, the right-of-way is 

often muddy, with areas of wash out, areas of standing water, and large ruts left by 

machinery. Attachment A and Attachment C include representative photographs of 

construction activities within the PHP right-of-way that I took depicting some of 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 5 of 40
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these impacts. Some of these types of impacts are permanent. For example, since 

there are specific maintenance requirements within the pipeline right-of-way, i.e. 

trees and other woody vegetation will not be allowed to reestablish within the 

permanent right-of-way. 

5. The vegetation clearing and construction activities affects the goldencheeked warbler by displacing and potentially killing individuals and destroying 

their nesting and foraging habitat which impacts their reproductive ability. The 

impacts to this species are therefore not limited to the immediate area but affects the 

species throughout the region. 

6. The construction and clearing of the right-of-way also affects all the

wildlife within and surrounding the right-of-way, including other migratory birds, 

reptiles, amphibians, mammals, and invertebrates. This clearing and construction is 

occurring during the spring when many wildlife species are reproducing and raising 

young. For example, the clearing of these areas could wipe out nests of migratory 

birds and injure or kill wildlife that are within the right-of-way when clearing 

activities commence. Additionally, the clearing of this right-of-way and the 

construction activities could have permanent impacts to many wildlife species, as a 

result of habitat fragmentation and impacts to food and water sources. The 

shrubland, savannah, and woodland habitats lost will not be replaced through time 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 6 of 40
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and growth, as the right-of-way will be maintained to prevent woody vegetation 

from encroaching within the permanent right-of-way. 

7. I have worked with my team and landowners along the pipeline route 

to track impacts to waterways in Hill Country from this project. I have visited 

multiple sites along the route during and after rain events to document where water 

and sediment discharges from within the right-of-way are occurring. Runoff and 

discharges from the pipeline construction sites leave a specific signature, especially 

when rain events for this region typically include strong storm systems that move 

across the region with high rainfall rates (downpours of an inch or greater per hour) 

and flash flooding potential, as we have seen over the last month. During and 

following a rain event, stormwater runoff can be tracked by following the gradient 

of the site. Stormwater runoff from sites like the construction occurring along the 

pipeline route can cause erosion, and transport sediments and debris from within the 

construction site and deposit them into the surrounding water resources resulting in 

water quality degradation and contamination. Disturbed areas with no groundcover 

or adequate control measures in place, like these construction sites, experience 

significant stormwater runoff, which carries the displaced soil, sediments, and debris 

into the intermittent and perennial streams within and near the construction zone. 

The displaced soil, sediments, and debris impacts both surface and groundwater, 

which could have long lasting, detrimental impacts to aquatic resource functions, 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 7 of 40
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water quality, and species habitats, to include the federally-listed species 

(ValamandeUV, fiVh, inYeUWebUaWeV, and SlanWV) WhaW RccXU ZiWhin Whe UegiRn¶V aTXifeU 

and associated springs. The pipeline route crosses both the contributing and recharge 

zones for the Trinity and Edwards aquifers. These are sole-source aquifers, 

composed of permeable limestone (karst) that are easily damaged and permeated. 

Construction of a pipeline through sensitive karst environments can lead to water 

quality degradation and contamination of the groundwater. Some characteristics of 

limestone aquifers make them particularly susceptible to contamination. Sinking 

streams, sinkholes, and other karst features provide a rapid route for unfiltered 

contaminants from the land surface to the underlying aquifer. Karst features or voids 

encountered during construction also provide a rapid and direct route for unfiltered 

contaminants from the construction site to the underlying aquifer. This 

characteristic, along with swift groundwater flow in conduits and difficulty 

characterizing and monitoring the highly heterogeneous karst subsurface, 

contributes to an elevated risk for degradation of water quality. The reliance on 

groundwater for drinking supplies in karst regions such as the Edwards and Trinity 

Aquifers creates potential for public health effects. For instance, in Blanco County 

the PHP construction hit a void, which led to the loss of drilling fluids and as a result 

contaminated wells as far as a mile away from the incident. For more information 

on this occurrence, see Attachment B. 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 8 of 40
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8. Construction impacts to surface waters over the recharge and 

contributing zones are directly tied to the Edwards and Trinity aquifer, given that 

sinking streams, sinkholes, and other karst features within these surface water 

features provide a rapid route for unfiltered contaminants from the land surface to 

the underlying aquifer. Stormwater runoff water carrying sediments, debris, and 

pollutants from within the pipeline area can be transported off of the construction 

site into these surface waters and directly into the underlying aquifer. Once sediment, 

debris, and pollutants from stormwater runoff has been carried from within the 

pipeline right-of-way into surface water resources and is carried downstream or 

deposited across the landscape it cannot be recaptured/reclaimed. 

9. The clearing, grading, excavation, trenching, and other activities 

associated with the ongoing construction of the pipeline has already impacted 

waterways at numerous sites. These impacts will continue in the future at the sites 

already identified, as well as other waterway crossings in which construction 

activities have yet to begin, if current practices and measures are not modified 

accordingly to curtail and prevent stormwater runoff, erosion, and sedimentation 

from within the right-of-way being released into the waterways. For example, during 

my visits to sites within the pipeline route either after rain events or while the rain 

event was ongoing, I witnessed the formation of erosion channels, sediment 

transport, and deposition from stormwater runoff within the pipeline right-of-way be 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 9 of 40
8 

carried off the construction area, downstream and into the surrounding surface 

waters. The fall out of sediments and debris from within the pipeline right-of-way 

carried downstream by stormwater runoff and into the surrounding surface waters 

resulted in sedimentation and silting in of streambed segments and pool areas within 

areas of riffle-pool complexes, as well as large areas of sediment deposition along 

the high-water line, eddies, and areas of slower flows. The overall water chemistry, 

increase water temperature, and reduce dissolved oxygen. Examples of this are in 

Attachment C. This affects the functionality of the aquatic system and can have 

significant impacts on the aquatic species and organisms. For example, sediment 

transport and deposition causes infilling which can stop or alter flows, plug spring 

outlets, smother vegetation, as well as change the overall water depth. 

10. As shown in Attachment C, effective erosion and sedimentation control 

measures have not been implemented appropriately within may of the construction 

sites along the pipeline route, including within Corps Action Areas and other water 

features in which NWP 12 verification was required. I have documented extensive 

erosion, sedimentation, and runoff at several sites along the pipeline route during 

and following rain events since construction activities began a few months ago. 

Conditions observed on properties along the pipeline right-of-way range from no 

erosion and/or sedimentation control measures in place at all, to improperly installed 

and/or inadequate erosion and sedimentation control measures which do little to 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 10 of 40
9 

control the runoff, erosion, or sedimentation occurring throughout the pipeline route. 

Despite documenting the failure and/or lack of appropriate erosion and 

sedimentation control measures and the resulting impacts from runoff from within 

the pipeline right-of-way that have occurred during previous rain events on several 

sites I have visited with ongoing construction activities, PHP LLC continues to fail 

to implement appropriate erosion and sedimentation control measures. 

11. I have also observed occupied habitat for the golden-cheeked warbler 

within the pipeline construction areas that was not included in the Biological 

Assessment or the Biological Opinion. I have visited these areas to document 

golden-cheeked warbler occurrences and presence of suitable habitat characteristics 

and provided notice to the U.S Fish and Wildlife Service of the findings. However, 

PHP LLC has continued to proceed with the clearing of those sites despite this 

information. On one site visit, we documented what appeared to be a golden-cheeked 

warbler nest next to a big pile of mulch that was created from the trees removed 

within the construction area. Images of the nest discovered within the recently 

cleared right-of-way are included in Attachment D. 

I declare under penalty of perjury that the foregoing is true and correct. 28 U.S.C. § 

1746. 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 11 of 40
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Executed this 11th day of June, 2020 in Kyle, Texas. 

________________________________ 

Jennifer Blair, CWB 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 12 of 40
Attachment A 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 13 of 40
Attachment A: Representative photos from across the pipeline route of construction activities within 

the PHP right-of-way depicting general conditions as well as impacts to vegetation communities and 

endangered species habitats. The following photos provide representative examples of where I have 

documented impacts to the environment as a result of the ongoing construction activities on 

properties along the pipeline route to include clearing of golden-cheeked warbler habitat, lack of 

proper measures to prevent the spread of oak wilt, and impacts to karst features/voids discovered 

during construction activities. 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 14 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 15 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 16 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 17 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 18 of 40
Attachment B 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 19 of 40
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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 20 of 40
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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 21 of 40
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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 22 of 40
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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 23 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 24 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 25 of 40
Attachment C 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 26 of 40
Attachment C: Representative photos from across the pipeline route in which erosion 

and sedimentation control measures have not been implemented appropriately, 

including within Corps Action Areas and other water features in which NWP 12 

verification was required. The following photos provide representative examples of 

where I have documented extensive erosion, sedimentation, and runoff at several sites 

along the pipeline route during and following rain events since construction activities 

began a few months ago. Conditions observed on properties along the pipeline right-ofway range from no erosion and/or sedimentation control measures in place at all, to 

improperly installed and/or inadequate erosion and sedimentation control measures 

which do little to control the runoff, erosion, or sedimentation occurring throughout the 

pipeline route.

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 27 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

Case 1:20-cv-00460-RP Document 22 Filed 06/29/20 Page 28 of 40
Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Attachment D 

Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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Sierra Club Ex. H (ECF Doc. 10-13) (Corrected)

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