While underground mining reduces the impacts when compared to the previously proposed open pit, significant water quality and quantity issues remain.

Ecology issued a Supplemental Environmental Impact statement (SEIS) in September 2006  and rubber stamped a Stormwater Construction General Permit giving Kinross the go ahead to construct a mine over a year before it certified water quality or issued water rights. This in OHA's view of things circumvented due process. Since then all the permits necessary to mine Buckhorn Mountain have been issued.

OHA appealed many of Ecology's permits to the Environmental Land Use Hearings Board (ELUHB). On April 17, 2008 a settlement was reach providing  more protection for the water on Buckhorn Mountain and its residents, additional monitoring with third party verification and additional mitigation.

Crown has proposed new exploration that would expand mining on Buckhorn Mountain. Comments are being accepted until July 13th.