That is the same black, and he carries lower than the blue or the splash. As Ravyn pointed out, it could be a submissive posture. Right now all three are still in the same pen. The blue is the alpha, and the black is #3. I'm curious to see if he raises it when I split them up. If not, I will keep an eye out for higher tailed black pullets in the offspring to pull it up
That can happen, I've noticed it also. It sometimes raises a bit, but not much.